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HomeMy WebLinkAbout1993-05 Supplement Old Pages i r r od p MEMORANDUM TO: EDINA CITY CODE BOOK USERS FROM: MARCELLA DAEHN, CITY CLERK SUBJECT: CODE UPDATE DATE: MAY 3, 1993 Enclosed are the following updates for your Edina City Code book pursuant to an ordinance adopted by the City Council since the last update of 4/13/93: SECTION 1200 - replace pages 1200-1 thru 1200-6 with enclosed replacement pages 1200-1 thru 1200-6 SECTION 1230 - replace pages 1230-3 thru 1230-7 with enclosed replacement pages 1230-3 thra 1230-7 (Ord. 1993-5 codified - Amending Section 1200 and Section 1230 of the City Code to Permit Pushcarts on Public sidewalks in the 50th and France Commercial Area - adopted 4/19/93) City of Edina Streets and Parks 1200.02 CHAPTER 12. STREETS AND PARKS Section 1200 - Use and Maintenance of Streets Alleys, Sidewalks, Easements, Parks, and Other City Owned Property 1200.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection: Alley. A public right-of-way owned by the City or over which the City owns an easement which is less than 30 feet in width and which is used or is usable as a public thoroughfare. Boulevard. That portion of a street not occupied by the traveled portion of the street or a sidewalk. Easement. An easement owned by the City for any public purpose. Park. Property owned by the City which is used or is usable for park, recreation or open space purposes. Public Grounds. Any land owned by the City, or over which the City owns an easement, including streets and alleys. Sidewalk. An improved thoroughfare located on a public right-of-way or public easement limited to usage by pedestrians and non-motorized vehicles. Street. A right-of-way owned by the City or over which the City owns an easement which is 30 feet or more in width and which is used or is usable as a public thoroughfare. 1200.02 Encumbrances or Obstructions. Subd. 1 Prohibited Encumbrances or Obstructions. Except as provided in Subd. 2 of this Subsection, no person shall obstruct, encroach upon, encumber, or interfere wholly or partially, with any street, boulevard, alley, sidewalk, easement, park or public ground by placing or installing any of the following: A. Curbing or pavement. B. Fences or landscaping. C. Buildings or structures. 1200 - 1 J City of Edina Streets and Parks 1200.02 D. Refuse, as defined in Section 705. i E. Combustible materials. F. Implements, tools, boxes, merchandise, goods, or cans. G. Corn poppers, peanut roasters, ice cream containers, vending or food carts or islands. H. Construction material, including sand, gravel, sod or other earthen material. I. Snow or ice. J. Posts, pillars, or other supports for awnings, canopies or other structures. K. Signs. L. Wires or cables above a street, alley or sidewalk. Subd. 2 Exceptions. The following are exceptions to Subd. 1 of this Subsection: i A. Any activities undertaken by the City. B. The deposition of snow and ice by snow and ice removal operations of the City, County or State. C. The deposition of snow and ice from privately owned property provided that such snow and ice is deposited only upon boulevards and adjacent to and not separated by the traveled portion of the street from the private property from which the snow or ice is removed. D. Vehicles parked on streets in accordance with Section 1400 this Code. E. Driveways installed and paved on a boulevard in accordance with the requirements of Subsection 1205 of this Code. F. Shade trees planted on boulevards, provided that the following species are prohibited unless permission is granted in writing by the Park Director: 1. Willows. 2. Elms. 3. Box Elder. 1200 - 2 I City of Edina Streets and Parks 1200.03 4. Cottonwood, aspen, poplar or other members of the genus Populus. 5. Pine, spruce, fir, yew or other conifers. 6. Silver maple. G. Trees, shrubs, landscape materials, fences, driveways and parking lots installed on easements held by the City for underground utility purposes. H. Trees and other plantings which overhang the travelled portion of streets provided that no portion of such tree or planting is less than 16 feet above the travelled portion of the street. I. Grass clippings and leaves placed in containers on boulevards subject to Subsection 705.04 of this Code. J. Privately owned bus stop benches and street furnishings and publicly owned bus stop shelters placed on streets, sidewalks and boulevards subject to the written approval of the Engineer as to location so as to avoid danger to vehicles and pedestrians. K. Newspaper vending machines and U.S. Postal Service drop boxes placed on sidewalks and boulevards subject to the written approval of the Engineer as to location so as to avoid danger to vehicles and pedestrians. L. Awnings not supported by posts or pillars which extend over sidewalks provided that not less than eight feet of clearance is provided between the sidewalk elevation and the lowest point of the awning. M. Mail boxes subject to U.S. Postal Service standards, provided that mail boxes which are integral to a structure must be approved in writing by the Engineer. N. Installed sprinkler systems provided that the system shall be maintained by the owner of the adjacent property. O. Wires or cables installed by a public utility. 1200.03 Sidewalks. Subd. 1 Snow and Ice Removal. All snow and ice shall be removed from a sidewalk by the owner of the property adjoining the sidewalk within 48 hours of the cessation of the precipitation. 1200 - 3 i City of Edina Streets and Parks 1200.06 Subd. 2 Maintenance of Sidewalks. No owner of any property adjoining a sidewalk shall permit any plank, brick, stone or segment of the sidewalk to be raised above the established level of the sidewalk by more than one half inch or permit any holes or depressions to occur in which a pedestrian may trip. Subd. 3 Maintenance of Boulevards. Every owner of property adjoining any public street or alley shall cause the grass or weeds to be cut or mowed from the lot line adjoining such street or alley to the center of such street or alley. The standards contained in Section 1050 of this Code shall apply to grass and weeds located on the boulevard. Subd. 4 Exemption. Subd. 1 and Subd. 2 of this Subsection shall not apply to owners of property adjoining sidewalks that were constructed in whole or in part with Municipal State Aid Funds or sidewalks located upon rights-of-way controlled by the County or State. 1200.04 Miscellaneous. Subd. 1 Removal of Barricades. No person shall remove, run over, relocate, or interfere with any barricade placed by the City, County, State, or any private utility company. Subd. 2 Uncompleted Construction. No person shall walk upon or drive a motorized or non-motorized vehicle across any street, alley or sidewalk which has not been opened for travel by the public. 1200.05 Abatement of Nuisance. Any obstruction or encumbrance as described in Subd. 1 of Subsection 1200.02 or any snow or ice not removed from a sidewalk as provided in Subd. 1 of Subsection 1200.03 or any defect in a sidewalk as described in Subd. 2 of Subsection 1200.03 or grass or weeds not cut as provided in Subd. 3 of Subsection 1200.03 is hereby declared a nuisance. After at least seven days written notice to the person responsible for the nuisance, the City may cause said nuisance to be removed or abated and the cost of removal or abatement may be charged and assessed against the property owned by the person responsible for the nuisance. Such charge and assessment j shall be done pursuant to Subd. 4 of Subsection 1200.06. When so assessed, the cost shall be certified to the County Auditor for collection as other taxes are collected. The name and address of the person responsible for such nuisance shall be obtained from records maintained by the Assessor. 1200.06 Work Undertaken by the City. Subd. 1 Items of Work. Pursuant to Chap. 59, State Laws of 1988, the City may undertake the following items of work: A. Removal of snow, ice and rubbish, including litter, from sidewalks, streets 1200 - 4 City of Edina Streets and Parks 1200.06 and alleys and public parking facilities. B. Elimination of weeds, including aquatic weeds, from sidewalks, streets, alleys, waterbodies and other public or private property. C. Sweeping, oiling, sprinkling or other dust treatment of public streets or alleys, including incidental maintenance work. D. Trimming and care of trees and the removal of unsound or diseased trees on streets or alleys. E. Repair of sidewalks and alleys. F. Operation, including maintenance and repair, of lighting systems for streets, sidewalks and parking facilities. G. Operation, including maintenance and repair, of public parking facilities, parks and related facilities. H. Removal or elimination of health or safety hazards from private property, excluding any structure included under the provisions of M.S. 463.15 to 463.26. Subd. 2 Record of Cost. The Engineer shall keep records of and report to the Clerk the actual cost of such work, or in the case of costs to be charged before the incurrence pursuant to Subd. 3 of this Subsection, the estimated cost of such work. Such records and reports shall include the cost of all the work done or to be done on any streets situated beyond the City boundaries pursuant to a cooperative or joint powers agreement with a neighboring municipality. Subd. 3 Collection Before Levy as a Special Assessment. All costs incurred or to be incurred for such work shall be charged with such frequency as the Council by resolution shall determine, to each owner of each separate lot or parcel of land benefitted by such work, in proportion to the benefits conferred upon the lot or parcel. If any charge is made for a cost to be incurred and, based upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and if deficient, subsequent charges shall be increased by such deficiency. Any charge not paid in full by September 10 of each year shall be levied as a special assessment against the lot or parcel of land benefitted. Such charges shall not be made or levied against detached, single family housing for the operation, maintenance or repair of public parks and related facilities. Subd. 4 Levy of Assessment. On or before September 15 of each year, the Clerk shall prepare an assessment roll assessing all costs of such work reported to the Clerk against each separate lot or parcel of land benefitted by the work, in 1200 - 5 City of Edina Streets and Parks 1200.08 proportion to the benefits conferred upon such lot or parcel, subject to the provision work is done pursuant to a cooperative in Subd. 3 of this Subsection. Where such p p or joint powers agreement between the City and a neighboring city, the cost of the work done by the City shall be spread against all lots or parcels of land abutting on the City side of the streets covered by the cooperative agreement. The Council shall examine such assessment roll submitted by the Clerk, and if satisfactory, shall call a public hearing and levy special assessments for the work in accordance with M.S. 429.061. All such special assessments shall be payable in a single installment or additional annual installments not to exceed the maximum number allowed by law with interest thereon as may be fixed by the resolution approving the special assessments, but not to exceed the highest rate allowed by law. 1200.07 Methods and Remedies. The methods and remedies authorized by this Section are in addition to any other methods or remedies available to the City by State Law or other provisions of this Code. 1200.08 Petty Misdemeanor. Any violation of paragraph C. of Subd. 2 of Subsection 1200.02 shall be a petty misdemeanor. History: Ord 1201 codified 1970; amended by Ord 1201-A 12-6-73 Reference: M.S. Chapter 59, State Laws of 1983, 429.101, Subd. 2 & 3, 463.15 to 463.26 Cross Reference: Section 1050 i i 1200 - 6 City of Edina Streets and Parks 1230.03 structure or picket an animal to the ground. R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce or any other product or property, or for conducting any business or selling of services. S. Place any vehicle to display the vehicle for sale or exchange. T. Work, grease, repair, change oil or maintain in any way a vehicle, except as necessitated by an emergency. U. Use a skateboard, roller skates, in line roller skates or blades, scooters or similar devices (i) upon the traveled portion of a street, (ii) in a municipal parking facility, or (iii) on or across a sidewalk in any business district. V. Feed any wild animal or bird, or deposit a food source for wild animals or birds. 1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to the requirements of Subsection 1230.02, no person shall in any park or publicly owned property: A. Place or keep any goods, wares, merchandise or other articles without the written permission of the Park Director. B. Participate in or conduct any band procession, parade or military formation without the written permission of the Park Director. C. Promote or participate in an entertainment or exhibition without the written permission of the Park Director. D. Give any public speech or hold or participate in any rally, convention, assembly or meeting without the written permission of the Park Director, which shall be withheld only when necessary to prevent conflict with regular park activities. E. Sell or offer for sale any article in any public park; provided, that refreshments or other articles may be sold by the City or by persons authorized to do so by the Park Director. F. Be in or remain in, or park or leave any vehicle between the hours of 12 midnight and 6 A.M., except when the vehicle is moving upon a street or when permitted by the Park Director. G. Drive or park a vehicle on any area not designated for parking or travel. H. Take or allow any dog or other animal where forbidden by posted signs. 1230 - 3 City of Edina Streets and Parks 1230.04 I. Take or allow any horse or other livestock upon any park, publicly owned property or public waters without the written permission of the Park Director. J. On any public skating rink, no person shall race, play games which interfere with the general public use, use hockey sticks or pucks in areas not marked for hockey play, or loiter in public warming houses. K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis, archery or any other game or sport except in or upon appropriate areas established by the City for such game or sport. L. Play upon, use, or enter any publicly owned property without having first paid an admission or entry fee when one is required. M. Bathe or swim in water adjoining a park except at places and during hours shown by signs placed by the City. 1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements of Subsections 1230.02 and 1230.03, no person in a programmed park shall: A. Act in a manner that is disruptive or distracting to programmed or scheduled activities. B. Use the park or any equipment in a manner inconsistent with the programmed or scheduled activities. C. Physically obstruct or hinder free passage on walkways and paths within the park. D. Run or move rapidly along walkways or pathways within the park in a manner that would interfere with sedentary use of the park or would be disruptive or dangerous to pedestrian traffic within the park. i E. Be or remain within the park before or after posted hours of operation without written permission of the Park Director. j F. Be or remain within any area of the park closed to public use without written permission of the Park Director. G. Walk, run, climb, sit, stand or be physically present in any area designed for or planted with vegetation, or be in any water area or other area not designed for human activity. H. Use any electric sound receiving, transmitting or reproducing device in such a manner as to annoy or disturb persons within the park, or disturb or interfere with 1230 - 4 City of Edina Streets and Parks 1230.06 programmed or scheduled activities. I. Use or consume alcoholic beverages contrary to this Code or contrary to any rules and regulations of the Park Director or contrary to any license or lease by which the user or consumer is within the park. J. Use or consume alcoholic beverages not dispensed by a person or group duly licensed by the City to use the park. K. Use tobacco in any form. L. Operate skateboards, roller skates, in line roller skates or blades, bicycles, scooters, or similar vehicles or devices, unless part of a programmed or scheduled activity. M. Act disorderly. N. Trespass. 1230.05 Additional Requirements for Waterbodies. In addition to the requirements of Subsection 1230.02, no person shall on any lake, pond or stream within the City: A. Start or land an airplane, helicopter, balloon or other aircraft without the written permission of the Manager. B. Use any mechanically propelled boat or other watercraft unless being used for emergency rescue or the maintenance of the lake, pond, or stream. C. Use any watercraft unless in full compliance with State Law and the rules and regulations of the State Commissioner of the Department of Natural Resources including the use of personal floatation devices. D. Erect or maintain a shelter on the ice unless the shelter is portable and is removed each day. E. Start or maintain any fire on the ice provided that a manufactured heater using liquid or gaseous fuel may be used. 1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules and regulations not contrary to the provisions of this Code governing the use and enjoyment of parks, programmed parks, playgrounds, lakes, ponds, streams and other publicly owned properties which shall be prominently posted or publicly announced in the places where they are intended to apply. Any person who violates a rule or regulation so posted may be excluded from the use of the park, programmed park, lake, pond, stream or other publicly owned property and may in addition be prosecuted as for a misdemeanor. 1230 - 5 City of Edina Streets and Parks 1230.06 History: Ord 1222 codified 1970,amended by Ord 1222 Al 11-29-78, 1222-A2 11-28-79, 1222- A3 6-24-87 Cross Reference: Sections 900, 1000 IIS I I 1230 - 6 i