HomeMy WebLinkAbout1994-03 Supplement Old Pages M E M O R A N D U M
TO: EDINA CITY CODE BOOK USERS
FROM: MARCELLA DAEHN, CITY CLERK
SUBJECT: CODE UPDATE
DATE: MARCH 21, 1994
Enclosed are the following updates for your Edina City Code book pursuant to
ordinances adopted by the City Council since the last update of 01/12/94:
SECTION 220 - replace pages 220-1 and 220-2 with enclosed replacement
pages 220-1 thru 220-3
(Ord. 1994-1 - Amending City Code by Repealing Subsection 200.15
(Automatic Termination of Provision Allowing Amusement Devices
Dispensing Money, Checks, Tickets, Tokens or Merchandise)
SECTION 300 - replace pages 300-7 thru 300-9 with enclosed
replacement pages 300-7 thru 300-10
(Ord. 1994-2 - Amending Subsection 300.15 of City Code to Provide a
Limitation on Number of Dogs or Cats Which May be Kept at Any Place)
SECTION 185 - replace pages 185-2 and 185-3 with enclosed replacement
pages 185-2 and 185-3
(Ord. 1994-3 - Amending Section 185 of City Code to Provide a New Fee
For Permit Application for Keeping Extra Dogs or Cats)
SECTION 1230 - replace pages 1230-3 and 1230-4 with enclosed replacement
pages 1230-3 and 1230-4
(Ord. 1994-4 - Amending City Code by Repealing Paragraph R.4 of
Subsection 1230.02 (Automatic Termination of Provision Allowing
Pushcarts in the 50th & France Commercial Area) and Providing a New
Paragraph R.4 (Limit on Number of Permits)
SECTION 405 - replace pages 405-1 and 405-2 with enclosed replacement
pages 405-1 and 405-2
(Correcting typo error in Subsection 405.01, Subd. 1, line 11 - word
should be "scale" instead of sale. )
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City of Edina Public Dances,Gambling and Amusements 220.06
Section 220 - Mechanical Amusement Devices
220.01 Definitions. The term "machine" or "amusement device" as used in this Section
means any machine, contrivance or device, including, without limitation, video, electronic
or mechanical, of any of the following types:
A. A machine which upon the insertion of a coin, slug or other token, or upon
payment of a fee, operates, or may be operated, as a game, contest or other
amusement only and which contains no automatic pay-off device for the return of
money, coins, merchandise, checks, tokens or any other thing or item of value;
provided, however, that such machine may be equipped to permit a free play or
game.
B. Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun
ranges, and machines patterned after baseball, basketball, hockey and similar games
and like machines which may be played solely for amusement and not as gambling
devices, and which machines are played by the insertion of a coin, slug or other
token, or upon payment of a fee.
C. Amusement devices designated for and used exclusively by children, such as, but
not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other
miniature mechanical devices, not operated as a part of or in connection with any
carnival, circus, show, or other entertainment or exhibition.
220.02 License Required. No person shall operate or maintain, or permit to be operated
or maintained upon premises owned, leased or controlled by such person, any machine
without fust obtaining a license for such machine.
220.03 License Procedure. The provisions of Section 160 of this Code shall apply to all
licenses required by this Section and to holders of such licenses.
220.04 Fees; Exception. The fee for any license required by this Section shall be in the
amount set forth in Section 185 of this Code. No fee shall be imposed on video games of
chance as defined in M.S. 349.50.
220.05 Application. The application for license or renewal of license shall contain, in
addition to the information required by Section 160, the date and place of conviction of
any person named in the application for any felony or misdemeanor committed during the
period of ten years prior to the date of application, including a statement of the crime of
which such person was convicted.
220.06 Insurance. If the machine is of the type described in paragraph C. of Subsection
220.01, the applicant shall file with such application a public liability insurance certificate
applicable to death or injury caused by the operation of the licensed machine, in amounts
220 - 1
City of Edina Public Dances, Gambling and Amusements 220.15
not less than$100,000 for injury to or death of one person, or$300,000 for any one incident.
In addition to the certificate, the City may also request the applicant to-submit a public liability
insurance policy.
220.07 Transfer. Subject to written approval of the Manager or the Manager's deputy, any
licensed machine may be transferred from one location to another without additional fee
charged by the City, or the sticker may be taken off a machine which is to be removed or
retired and transferred to a replacement machine.
Gated laced maintained or operated
, p
220.08 Location of Machine. No machine shall be to
on any public street, avenue, boulevard, lane, alley or other public ground within the City.
220.09 Gambling. It shall be unlawful for the owner of any machine, or for the owner or
operator of any establishment where it is located, to permit the machine to be used for
gambling or for the making of bets or wagers contrary to this Code or State Law.
220.10 Pay-Off. It shall be unlawful for the licensee, or for the owner, lessee or operator
of the establishment where such machine is located, to give any money, token, merchandise
or any other thing of value or any reward or prize in lieu of free games registered to such
machine, and all free games so registered shall be played on the machine registering such free
game, and there shall be no device on the machine whereby the operator can cancel registered
free games.
220.11 Automatic Pay-Off. No person shall keep,maintain, sell or permit to be operated any
machine which has been converted into an automatic pay-off device which shall discharge
coins, checks or other tokens to the operator or player of such machine. No person shall
convert any machine into an automatic pay-off device. Provided, however, machines which
discharge money, checks, tickets, tokens, merchandise or any other thing of value which has
a value no greater than the cost to play or operate the machine may be kept, maintained or
operated subject to the provisions of Subsection 220.15.
220.12 Destruction of Illegally operated Machine. Any machine which has been used in
violation of Subsections 220.09, 220.10 and 220.11 may be seized and destroyed in
compliance with the provisions of State Law relating to gambling devices.
220.13 Certain Machines Not Regulated. Nothing in this Section shall apply to any machine
held or kept for sale or storage and which is not actually in use or displayed for use.
220.14 Zoning Compliance. All machines shall at all times be located only in a zoning
district where such machines, and the number thereof, are allowed by the applicable provisions
of Section 850 of this Code.
220.15 Automatic Termination. The provisions contained in the last sentence of Subsection
220.11 shall terminate automatically at 12:01 A.M. on May 26, 1994.
220 - 2
City of Edina Public Dances, Gambling and Amusements 220.15
History: Ord 211 codified 1970,amended by Ord 211-Al 5-12-82, Ord 211-A2 2-22-84, Ord 1993-6
5-26-93
Reference. M.S. 349; 349.52, Subd. 4; 471.707
Cross Reference. Sections 160, 185, 850
220 - 3
City of Edina Animals 300.16
public nuisance.
Subd. 2 Attacking Animals. Any domesticated animal which attacks, wounds,
worries, injures or kills any domestic animal or wildlife shall be deemed a public
nuisance.
Subd. 3 Animals Which Bite. Any animal which has bitten a person, other than
its owner or a member of its owner's immediate family shall be deemed a public
nuisance. Such animal shall be quarantined pursuant to Subsection 300.06 and
shall also be subject to the procedures and penalties set out in Subsection 300.20.
Subd. 4 Animals Which Damage Property. Any animal which damages plantings
or structures or micturates or defecates on public property or on private property
without the consent of the owner or possessor of the property shall be deemed a
public nuisance.
Subd. 5 Animals Running at Large. Any animal described in this Subsection
found running at large shall be impounded by the Animal Control Officer or police
officers in the manner described in this Section; provided that such animal may be
immediately destroyed by the Animal Control Officer or by a police officer if it
cannot be impounded after reasonable effort, or cannot be impounded without
serious risk to persons attempting to impound it.
300.15 Limit of Age and Number of Animals. No more than two animals over six months
of age shall be kept or harbored at any place in the City except in a pet shop or animal
hospital unless permission has been granted by the Sanitarian and unless such place is open
to inspection by the Sanitarian at all reasonable times.
300.16 Noise.
Subd. 1 Disturbing Peace and Quiet. No person owning, operating,having charge
of, or occupying, any building or premises shall keep or allow to be kept any animal
which shall, by any noise, unreasonably disturb the peace and quiet of any person
in the vicinity. The phrase "unreasonably disturb the peace and quiet"shall include,
but is not limited to, the creation of any noise by any animal which can be heard
by any person, including the Animal Control Officer or a law enforcement officer,
from a location outside of the building or premises where the animal is being kept
and which animal noise occurs repeatedly over at least a five minute period of time
with one minute or less lapse of time between each animal noise during the five
minute period.
Subd. 2 Complaint. Any person may call or deliver a complaint to the Animal
Control Officer stating facts and circumstances of an alleged violation of this
Subsection. The Animal Control Officer shall investigate such complaint. If a
violation occurs in the presence of the Animal Control Officer a summons may be
300 - 7
City of Edina Animals 300.17
issued. If probable cause of a violation exists, which violation did not occur in the
presence of the Animal Control Officer, all reports,witness statements and evidence
may be submitted to the City Prosecuting Attorney for a formal complaint.
300.17 Special Requirements for Dogs.
Subd. 1 Off Premises of Owner. No dog shall be permitted to be off the premises
e unless it is restrained with a leash measuring of its owner at any time g ten feet or
less in length.
Subd. 2 Dogs Which Damage Property. No owner of a dog shall permit the dog
to damage any lawn, garden or other private or public property, or to micturate or
defecate on public property or private property, without the consent of the owner
or possessor of the property. It shall be the duty of each owner of a dog to remove
any feces left by such dog and to dispose of such feces in a sanitary manner. It shall
also be the duty of each owner of a dog when such dog is off the owner's premises
to have in possession a device or equipment for the picking up and removal of dog
feces; at a minimum this equipment must include at least two bags. The provisions
of this Subsection shall not apply to a guide dog accompanying a blind person or
to a dog when used in police or rescue activities by or with the permission of the
City. This Subsection shall not be construed, by implication or otherwise, to allow
dogs to be where they are otherwise prohibited by this Code.
Subd. 3 Picketing. No dog shall be picketed in such a manner as to create a
nuisance by reason of odor or unreasonably disturbing the peace and quiet as
defined in Subsection 300.16 or which allows it to occupy any area within 20 feet
of a property line.
Subd. 4 Clean Yard and Enclosure. A dog owner shall regularly clean any yard
occupied by the dog, or dog enclosure occupied by the dog, whether now existing
or hereafter constructed, and any area in which the dog has been picketed, and shall
not permit feces or food scraps to remain for more than 24 hours.
Subd. 5 Dangerous Dogs.
A. The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are
hereby incorporated by reference and adopted as part of this Section. The
persons authorized to enforce this Section shall also enforce the provisions
of M.S. 347 and M.S. 343.20 through 343.40. A violation of the provisions
of M.S. 347 and M.S. 343.20 through 343.40 shall also be a violation of this
Section. Incorporation of said Statutes shall not be a release by the City of
any powers or authority which it has without such incorporation.
B. No dog shall be declared a dangerous dog or a potentially dangerous dog
under M.S. 347 except by the Council after a public hearing. Mailed notice
300 - 8
City of Edina Animals 300.20
of such hearing shall be given at least ten days prior to the 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 at any continuation thereof.
300.18 Breaking Pound or City Vehicle. No person except an officer duly authorized by
law shall break open or aid or assist in, counsel or advise, the breaking open of a pound
or City vehicle used in the enforcement of this Section, or take or let out or attempt to take
or let out, any animal placed therein.
300.19 Interference with Officer. No person shall (i) take or attempt to take from any
officer referred to in Subsection 300.02, any animal seized by the officer in compliance
with this Section; or (ii) interfere in any manner with such officer in the discharge of the
duties under this Section.
300.20 Penalties.
Subd. 1 Petty Misdemeanor and Misdemeanor. Any person maintaining a
nuisance as defined in this Section, or otherwise violating this Section, upon the
first conviction thereof shall be guilty of a petty misdemeanor, and upon second
conviction shall be guilty of a misdemeanor. However, the first and each
subsequent conviction of violation of the provisions of Subsection 300.06, Subd. 1,
2 or 3 shall be a misdemeanor.
Subd. 2 Impoundment. Any animal found to be a nuisance, as defined in this
Section, or found to be violating any provisions of this Section, may be impounded
pursuant to this Section.
Subd. 3 Other Remedies. The provisions of Subsection 100.09 shall also apply
to violations of this Section.
History. Ord 312 adopted 12-2-81; amended by Ord 312 AI 8-29-84, 312-A2 8-15-90
Reference: M.S. 343.20 through 343.40, 347
Cross Reference: Sections 160, 185
300 - 9
SECTION 185 - SCHEDULE A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public dance permit 535.00 1
215 215.04 Bingo occasion, gambling $10.00 per-annrnr— r;"", 5
device, raffle -l-kens--y' r
220 220.04 Machine or amusement device 540.00 annually per establishment, 10
License plus $5.00 per machine 11
300 300.02, Redemption of impounded animals $12.00 per day for feeding and care, any veterinarian 15
Subd. 2 services and impounding fee of:
(a) If animal has not been impounded within one year 16
prior to the date of impounding - $30.00.
(b) If animal has been impounded once within the year 17
prior to the date of impounding - $55.00.
(c) If animal has been impounded twice or more within 18
one year prior to the date of impounding - S105.00.
300 300.02, Disposal of animal $15.00 per animal 19
Subd. 3
300 300.03, Dog license $25.00 per dog or $12.00 per neutered dog 20
Subd. 3
300 300.03, Dog license renewal $11.00 per dog or $8.00 per neutered dog 21
Subd. 3
300 300.03, Duplicate dog license tag $6.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial kennel license $55.00 per year 23
Subd. 2
405 405.01 Landscaping, screening, $100.00 25
or erosion control
site plan permit
185 - 2 Eff. 1/1/94
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building permit If total valuation of work is: Then amount is: 30
Subd. 1 $1.00 to $500.00 * $20.00
$501.00 to $2,000.00 * $20.00 for first $500.00 plus 31
$2.50 for each additional
$100.00 or fraction thereof to
and including $2,000.00
$2,001.00 to $25,000.00 * $57.50 for first $2,000.00 32
plus $9.50 for each additional
$1,000.00 or fraction thereof to
and including $25,000.00
$25,001.00 to $50,000.00 * $276.00 for first $25,000.00 33
plus $7.00 for each additional
$1,000.00 or fraction thereof to
and including $50,000.00
$50,001.00 to $100,000.00 * $451.00 for first $50,000.00 34
plus $5.00 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 * $701.00 for the first 35
$100,000.00 plus $4.00 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
$500,001.00 to $1,000,000.00 * $2301.00 for the first 36
$500,000.00 plus $3.00 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
$1,000,001.00 and up * $3801.00 for the first 37
$1,000,000.00 plus $2.00 for
each additional $1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 166.70
185 - 3 Eff. 1/1/94
City of Edina Streets and Parks 1230.02
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. The prohibition in this paragraph shall not apply to the sale of food and
beverages from pushcarts, as defined by Section 720 of this Code, located on
sidewalks and other public walkways within the area included in the plan prepared
by the HRA entitled, "50th and France Commercial Area Plan" dated December 3,
1974, subject to a permit issued pursuant to this paragraph.
1. In addition to the requirements of Section 160 of this Code, no permit
shall be issued for a pushcart unless the following requirements are met:
a. The pushcart must be licensed in accordance with Section 720 of this
Code.
b. The applicant for a permit must possess a valid food establishment
license or take-out food license, pursuant to Section 720 of this Code, for
a food establishment located in the 50th and France commercial area.
c. The pushcart shall not exceed 8 feet in length, 4 feet in width, and
8 feet in height.
d. Ths pushcart shall be equipped with casters or wheels to permit ease
of movement.
e. The pushcart shall be equipped with facilities for the disposal of trash
generalted by the pushcart.
2. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
a. Pushcarts shall be parked on public sidewalks and walkways only in
those locations specified in the permit.
b. Pushcarts shall be stored indoors following the close of business each
day.
c. Only food or beverages for immediate consumption may be offered
from the pushcart.
d. Cleaning, servicing, and maintenance of the pushcart shall be
undertaken only in an area approved by the Sanitarian.
1230 - 3
I
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City of Edina Streets and Parks 1230.03
3. Permits issued pursuant to this paragraph shall expire on March 31 of
each calendar year.
4. No permits shall be issued after 12:01 A.M. on April 1, 1994.
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.
I
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 orP
c
artii ate in an entertainment or exhibition without the written
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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.
vehicle between the hours of 12
F. Be in or remain in or ark or leave an v
P Y
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 - 4
City of Edina Buildings, Construction and Signs 405.01
Section 405 - Landscaping, Screening and Erosion Control
405.01 Plan Approval Required; Security.
Subd. 1 Site Plan and Planting Schedule. In every case where landscaping,
screening or erosion control measures are required by any section of this Code, or
as a condition to any approval granted by the City pursuant to any section of this
Code, for any building or structure, or for grading as defined in Section 830 of this
Code, other than the construction of one single dwelling unit or one double
dwelling unit building or structure accessory thereto, to be constructed on or
conducted on any property within the City, the person proposed to do such work
shall apply for and receive approval of a site plan and planting schedule pursuant
to this Section. The applicant for the required approvals shall file with the Planner,
for review and approval pursuant to the applicable section of this Code, a site plan
of the property drawn to a sale of not less than 30 feet to one inch, showing in
detail the landscaping, screening or erosion control work to be done on the site.
Such site plan shall be prepared by a registered architect, landscape architect,
professional site planner, or other person experienced in such work and acceptable
to the Planner. Such site plan shall comply with the minimum standards imposed
by Subsection 830.05 of this Code. The applicant shall also file with the Planner
a planting schedule that shall specify the Latin name, common name, caliper, and
quantity of all vegetative materials shown on the site plan, together with a time
schedule for the construction and completion of all such landscaping, screening, and
erosion control measures. The application shall be accompanied by the fee in the
amount set forth in Section 185 of this Code.
Subd. 2 Security. The applicant shall also file with the Planner security in the
form of a performance bond, letter of credit, or cash deposit, as determined by the
Planner, to ensure that the landscaping, screening, or erosion control work is done
pursuant to the site plan and within the time schedule therefor, all as set out in
Subd. 1 of this Subsection, and to ensure the replacement of vegetative materials
used in any such landscaping, screening or erosion control work that are not in a
vigorous growing condition after two complete growing seasons as below set out
in this Subdivision. The security shall be in an amount to be determined by the
Planner, but for at least one and one-half times but not more than twice the amount
estimated by the Planner as the cost of completing the required landscaping,
screening, or erosion control measures. If a performance bond is used, it shall be
with a corporate surety authorized to do business in the State and otherwise in form
and substance acceptable to the Planner. If a letter of credit is used it, shall be
unconditional and irrevocable, shall be issued by a national or State bank with its
main office located in the Minneapolis-St. Paul metropolitan area, shall provide that
funds up to the total amount of the letter of credit will be paid to the City, from
405 - 1
City of Edina Buildings, Construction and Signs 405.02
time to time, upon written demand of the City and otherwise shall be in form and
substance acceptable to the Planner. If a cash deposit is used, such cash shall be
deposited with and held in escrow by a national or State bank having an office in
the City. A written agreement, signed by the applicant and the bank, shall be
delivered to the Planner, whereby the funds in escrow will be paid to the City, from
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time to time, upon written demand of the City and otherwise shall be in form and
substance acceptable to the Planner. Where such landscaping, screening or erosion
control measures do not include the use of vegetative materials, the security therefor
shall be in force until such landscaping, screening, or erosion control measures have
been completed and approved by the Planner. Where such landscaping, screening,
or erosion control measures do include the use of vegetative materials, the security
therefor shall be in force for at least two complete growing seasons subsequent to
the completion and approval of such landscaping, screening, or erosion control
measures by the Planner. The Planner may require security for one complete
growing season if all landscaped areas are fully irrigated. The growing season
guarantee period for plant material installed after June 1 shall begin the following
year.
Subd. 3 Use of Security. The City may use all or part of the security posted in
accordance with Subd. 2 of this Subsection to install or replace landscaping or to
undertake any other work which has not been undertaken by the applicant in
accordance with the site plan, landscape schedule or time schedule as approved
pursuant to this Section.
405.02 Building Permits; Suspension or Revocation. No building permits shall be issued
for any building or structure to be constructed or placed on any site until the plans and
schedules for that site, and the security therefor, have been approved and filed as required
by this Section. If the building permit for work on the site is thereafter suspended or
revoked, then the site work shown on the plan approved pursuant to this Section shall
cease until a new building permit is issued or such suspension lifted.
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History: Ord 409 1-16-80
Cross Reference: Sections 185, 830; Subsection 830.05
405 - 2