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HomeMy WebLinkAbout2000-07 Providing Technical Corrections To The Cide Subsections: 165.05; 300.17; 440.03; 455.02; 605/08; 615.05; 850.07, Subd 12B; 1400.16Edina Ordinance No. 2000 - 7 An Ordinance Providing Technical Corrections to the Edina City Code THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subsection 165.05 shall be amended to read as follows: "165.03 Bond or Letter of Credit. Unless prohibited by State Law, (i) every applicant for a license registration pursuant to Subsection 165.01, and (ii) every applicant for a license pursuant to Section 430 of this Code, shall file with such registration or license application a surety bond that is valid and in force and effect in the sum of at least $25,000.00 and which complies with the provisions of Subsection 160.03 of this Code. At the option of the applicant, a letter of credit for at least $25,000.00 may be used in lieu of a bond. The letter of credit shall be irrevocable and unconditional, issued by a national or state bank with its main office located in the Minneapolis -St. Paul metropolitan area, and otherwise shall be on terms approved by the Manager. The bond or letter of credit shall be conditioned that the applicant, as to all material and equipment furnished by the applicant, and as to all business carried on or all work done, commenced or performed by the applicant during the term of the license registration shall:" Section 2. Subsection 300.17 Subd. 6 C. shall be amended to read as follows: "C. The Police Chief may declare a dangerous dog under M..S. 347. Said declaration may be appealed to the City Council for a public hearing Section 3. Subsection 300.17 Subd. 6 shall be amended by adding subparagraph D. as follows: "D. Appeals of Administrative Decisions. A person who deems himself or herself aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative officer in the interpretation and enforcement of this Section, may appeal to the City Council by filing a written appeal with the City Clerk within 10 days after the date of such order, requirement, decision or determination. The appeal shall fully state the order to be appealed and the relevant facts of the matter. 1. The City Council shall hear such appeal within 30 days of receipt. Mailed notice of such hearing shall be given at least ten days prior tot he date of the hearing to the owner of the dog and to the owners of all property within 250 feet of the property where such dog is usually kept. The Council shall make its decision at such hearing or any continuation thereof." Section 4. Subsection 440.03 Subd. 2. Subpagraph B. shall be amended to read as follows: "B. Water service and building sewer lines may be installed by persons who complete the training for and earn a Pipe Layer Card, their assistants and contractors who employ them so long as there is at least one cardholder in each trench where work is proceeding, providing they are duly registered and licensed under Section 430 of this Code." Section 5. Section 455.02 Subd. 1 shall be amended to read as follows: "Subd. 1 Materials. All public bathrooms shall be constructed of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor to wall joints shall be constructed to provide a sanitary cove with a minimum radius of 3/8 inch. The entire floor shall be ceramic tile. All wall surfaces within 24 inches of a water closet or urinal shall be ceramic tile to a height of 48 inches." Section 6. Subsection 605.08 shall be amended by adding the following subdivision 7. "Subd. 7. Marking of Curbs along Fire Lanes. Although painting fire lanes is not required, when the property owner paints the curbs of fire lanes they shall be painted RED." Section 7. Subsection 615.05 shall be amended to read as follows: "615.05 Signature Required. Immediately after servicing of a fire extinguisher, the licensee shall affix a tag or decal to such fire extinguisher which contains a number, the name of the company providing the service, the name of the licenses, the date of service, and the signature of the individual who serviced the fire extinguisher." Section 8. Subsection 850.07 Subd. 12 B. shall be amended to read as follows: "B. No property used for residential purposes shall be used for garage sales, estate sales or other sales of personal property for more than one period of 72 consecutive hours in any calendar year. The property offered for sale shall consist only of items owned by the resident or of the premises or by friends of such resident. None of the items offered for sale shall have been purchased for resale or received on consignment for purposes of resale." Section 9. Subsection 1400.16 shall be amended by deleting Subd. 4 Use or Sale of Certain Radio Equipment and renumbering Subd. 5 Traffic Diverters to read Subd. 4 Traffic Diverters. Section 10. Subsection 1400.18 Subd.2 B. shall be amended to read as follows: "B. Parking spaces hereafter designated and reserved for physically disabled persons shall comply with Minnesota State Building Code Chapter 1341.0428." Section 11. Effective Date: This ordinance shall be in full force and effect upon adoption and publication according to law. First Reading:" Second Reading: vim= Published in Edina Sun Current: 1 Attest Cfty—clerk Mayor STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) newspapers AFFIDAVIT OF PUBLICATION Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Current , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 20 day of December , 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkl mnopgrstuvwxyz 6Y, Publisher Subscribed and sworn to r affirmed before me on this day of '.4- —Q, /2000 . MERIDEI_ M. HEDBLOM NOiI.R f PEI / t4Y CO"v,M SSION EXPIRES 1.31.2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.40 per line City of Edina (Official Publication) Edina Ordinance No. 2000 - 7 An Ordinance Providing Technical Corrections to the Edina City Code THE CITY COUNCIL OF THE CITY OF EDINA OR- DAINS: Section 1. Subsection 165.05 shall be amended to read as follows: 165.03 Bond or Letter of Credit. .Unless prohibited by State Law, (f) every applicant for a license registration pur- suant to Subsection 165.01, and (ii) every applicant for a license pursuant to Section 430 ofthis Code, shall file with such registration or license application a surety bond that is valid and in force and effect in the sum of at least !, $25,000.00 and which complies with the provisions of Sub- section 160.03 of this Code. At the option of the applicant, a letter of credit for at least $25,000.00 may be used in lieu of a bond. The letter of credit shall be irrevocable and un- conditional, issued by a national or statebank with its main office located in the Minneapolis -St. Paul metropoli- tan area, and otherwise shall be on terms approved by the Manager. The bond or letter of credit shall be conditioned that the applicant, as to all material and equipment fur- nished by the applicant, and as to all business'carried on or all work done, commenced or performed*y the appli- cant during the term of the; license registration shall:" Section 2. Subsection 300.17 Subd. 6 C. shall be amended to read as follows: "C. The Police Chief may declare a dangeroub dog under M..S. 347. Said declaration may be appealed to the City Council for a public hearing Section Subsection 300.17 Subd. 6 shall be amended by adding subparagraph D. as follows: D. Appeals of Administrative Decisions. A person who deems himself or herself aggrieved by an alleged error in any order, requirement, decision or determination made by an administrative officer in the interpretation and en- forcement of this Section, may appeal to the City Council by filing a written appeal with the City Clerk within 10 i days after the date of such order, requirement, decision or, determination. The appeal shall fully state the order to be appealed and the relevant facts of the matter. 1. The City Council shall hear such aal within 30 days of receipt. Mailed notice of'such Hearing shall be I given at least ten days prior tot he date of the hearing to the owner'of the dog and to the owners of all property with- ' in 250 feet of the property where such dog is usually kept. The Co il shall make its decision atsuch hearing or arty contlua en thereof" Section 4• Subsection 440.03 Subd. 2. Subpagraph B. shall be amended to read as follows: 'B. Water service and building sewer lines may be in- stalled by persons who complete the training for and earn a Pipe Layer Card, their assistants and contractors who employ them so long as there is at least one cardholder in each trench where work is proceeding, providing they are duly registered and licensed under Section 430 of this Code." Section 5' Section 455.02 Subd. l shall be amended to read as follows: Subd. 1 Materials. All public bathrooms shall be con - strutted of materials which are impervious to moisture, bacteria, mold or fungus growth. The floor to wall joints shall be constructed to provide a sanitary cove with a min- imum radius of -8/8 inch. The entire floor shall be ceramic tile. All wall surfaces within 24 inches of a water closet or. urinal shall be ceramic tile to a height of 48 inches." i Section 6. Subsection 605.08 shall be amended by adding the following subdivision 7. "Subd. 7. Marking of Curbs along Fire Lanes. Although painting fire lanes is not required, when the property owner paints the curbs of fire lanes they shall be painted RED." Section 7. Subsection 615.05 shall be amended to read as follows: $15.05 Signature Required. Immediately after servicing i of a fine extinguisher, the licensee shall affix a tag or decal ' to such fire extinguisher which contains a number, the I name of the company providing the service, the name of the licenses, the date of service, and the signature of the individual who serviced the fire extinguisher." i i Section $. Subsection 860.07 Subd. 12 B. shall be amend-! ed to read as follows: T. No property used for residential purposes shall be used - for garage sales, estate sales or other sales of personal'. property for more than one period of 72 consecutive hours.'. in any calendar year. The property offered for sale shall consist only of items owned by the resident or of the premises or by friends of such resident. Now of the items offered for sale shall have been purchased for resale or re- ceived on consignment for purposes of resale." Section 9. Subsection 1400.16 shall be amended by delet- ing Subd. 4 Use or Sale of Certain Radio Equipment and renumbering Subd..5 Traffic Diverters to read Subd. 4 Traffic Diverters. Section 10, Subsection 1400.18 Subd.2 B. shall be amend- ed to read as follows: "B. Parking spaces hereafter designated and reserved for physically disabled persons shall comply with Minnesota Section 11. Effective Date: This ordinance shall be in full force and effect upon adoption and publication according to law. First Reading: July 5, 2000 Second Reading: Waived Published in Edina Sun Current: December 20, 2000 Attest Debra Mangen City Clerk , Dennie F. Maetzold Mayor (Dec. 20, 2000)Dl/ Ord 2000.7 TO: Gordon Hughes n; FROM: W. Bernhjelm SUBJECT: Reply to M. Halberg re dangerous dogs r`7 F We last looked at this issue in 1994 after we had 2 council hearings to declare dogs potentially dangerous as was required by the code at that time. The code was changed to make the potentially dangerous declaration an administrative action by the animal control officer, and leave the dangerous declaration a council action. Although it doesn't come up that often, it would make sense to me that the dangerous classification could also be an administrative action, perhaps at your or my level, with an appeal to the council available. The major difference between the 2 actions is that the dangerous classification imposes certain requirements-placarding,kennel and/or muzzling, insurance, county registration, etc. with presumably some degree of financial impact on the dog owner. Potentially dangerous is only a"put on notice"type of action. I have checked with John Carlson, the Animal Control Officer, on this and he is in agreement. i THOMSEN&YBECK, P.A. ATTORNEYS AT LAW 3300 Edinborough Way, Suite No. 600 Minneapolis (Edina), MN 55435-5962 (612) 835-7000 • FAX: (612) 835-9450 GORDON V.JOHNSON MARSH J.HAL,BERG ROBERT D.LUCAS OF COUNSEL: JOIIN K.BOUQUET WILLIAM E.SJOHOLM DAVID J.M`GEE JACK W.CARL-SON MARK G.OHNSTAD THOMAS R.KELLEY DENNIS M.PATRICK HELGE THOMSEN,Retired DONALD D.SMITH JOHN E.RODE GRETCHEN S.SCHELLHAS GLENN G.NYBECK,Retired JAMES VAN VALKENBURG,Retired February 12, 1999 Mr. Gordon Hughes Edina City Manager 4801 West 500' Street Edina, MN 555424 Dear Mr. Hughes: In our recent phone discussion, I informed you of a recent Edina criminal case involving a biting dog. This necessitated that I look at our city ordinance involving dangerous dogs as it compares with the Minnesota state ordinance. The recent case was against Ms. Lorna Livingston. Her dog, Lance, had bitten a house painter on an adjoining property. I am enclosing a copy of that complaint for your information. I am also enclosing copies of animal bite reports from Officer Carlson showing that the dog, Lance, a German Shepherd, had also bitten a person on January 14, 1997, while the dog was off its leash, and again on March 11, 1997, while the dog was on a leash being walked by the owner. Ms. Livingston informed me that the first two incidents involved a time when she was taking the dog on her delivery route with her, and that she no longer has the dog accompany her. She said that the dog is kept in the house and only goes out in the back of her yard when the dog is taken out to go to the bathroom. As such, she felt that this most recent incident was a very unusual set of facts with a painter working next door. My concern, however, was that we had a dog that had bitten three times within two years. If we were not to take action, what would happen if there was a fourth bite and someone was seriously injured. In reviewing Edina City Ordinance 300.17, subdivision 6, you will note that we have incorporated the Minnesota dangerous dog statutes which state that a violation of that statute is also a violation of Edina City Code. However, our ordinance goes on under subdivision C to state that no dog shall be declared a dangerous dog under Minnesota Statute except by the Council after a public hearing. Mr. Gordon Hughes February 12, 1999 Page 2 1 entered a negotiation with Ms. Livingston in which she pled guilty to maintaining a public nuisance (the dog). Jail time was stayed upon the condition that Mr. Livingston stipulate the dog was a "dangerous dog"and that she comply with the dangerous dog state requirements. Had Ms. Livingston not accepted the proposed plea negotiation in which she stipulated to the requirements for a dangerous dog, we would have been prevented from taking action with the dog without having a council determination. My question for you and the Council is whether this determination of a "dangerous dog" by the Council is a process which the Council wishes to keep in place. At your convenience, please advise me of whether you wish to modify our city ordinance to delete or modify the additional requirement for an independent finding by the Council. Very truly yours, Marsh J. Walberg , Prosecuting Attorney City of Edina MJH/saf Enclosures cc: Mr. Jerry Gilligan (w/encs.) Mr. John Carlson, Animal Control (w/encs.)