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HomeMy WebLinkAbout1995-01 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: JANUARY 17, 1995 Enclosed are the following updates for your Edina City Code book pursuant to ordinances adopted by the City Council since the last update of 12/13/95: SECTION 185 - replace Schedule A pages 185-2 through 185-13 with enclosed replacement pages (185-2 through 184-13) (Ord. 1994-12 - Amending Section 185 Schedule A of City Code to Increase Certain Fees and to Add Certain Fees) SECTION 300 - replace Section 300 with enclosed replacement Section 300 (Ord. 1994-11 - Amending Section 300 of the City Code to Allow Animal Control Officer to Declare a Dog to be Potentially Dangerous) SECTION 150 - replace pages 150-5 and 150-6 with enclosed replacement replacement pages 150-5 and 150-6 (To correct typo error in Subsection 150.09, Subd. 5, line four - should be "than" instead of "that") SECTION 850 - replace pages 850-13 and 850-14 with enclosed replacement pages 850-13 and 850-14 (To correct typo error in definition of Sexually-Oriented Businesses, line four on page 850-14 should be "therapists" , not "terapists") SECTION 850 - replace pages 850-103 and 850-104 with enclosed replacement �— pages 850-104 and 850-104 (To correct typo error on page 850-104 Paragraph N.2. last line. R-1 is repeated, should be R-2) SECTION 185 - SCHEDULE A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 200 200.04 Public dance permit $35.00 1 215 215.04 Bingo occasion, gambling $10.00 per permit 5 device, raffle permit 220 220.04 Machine or amusement device $40.00 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 - $105.00. 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 58.00 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. 2 300 300.15 Permit for extra dogs or cats $100.00 24 405 405.01 Landscaping, screening, $100.00 25 or erosion control site plan permit Eff. 111/94 185 — 2 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 * $15.00 $501.00 to $2,000.00 * $15.00 for first $500.00 plus 31 $2.00 for each additional $100.00 or fraction thereof to and including $2,000.00 $2,001.00 to $25,000.00 * 545.00 for first $2,000.00 32 plus $9.00 for each additional $1,000.00 or fraction thereof to and including $25,000.00 $25,001.00 to $50,000.00 * $252.00 for first $25,000.00 33 plus $6.50 for each additional $1,000.00 or fraction thereof to and including $50,000.00 $50,001.00 to $100,000.00 * $414.50 for first $50,000.00 34 plus $4.50 for each additional $1,000.00 or fraction thereof to and including $100,000.00 $100,001.00 to $500,000.00 * $639.50 for the first 35 $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof to and including $500,000.00 $500,001.00 to $1,000,000.00 * $2039.50 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 * $3539.50 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. 16B.70 185 - 3 E£f. 1/1/93 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 410 410.02, Reinspection fee assessed under $31.00 per hour or the total hourly cost to City, 38 Subd. 1 provisions of UBC, whichever is greatest. (Includes supervision, overhead, Section 305 (g) equipment, hourly wages and fringe benefits of employees involved.) 410 410.02, Building Code compliance S 78.00 Residential 39 Subd. 1 inspection $155.00 Commercial 40 410 410.02 Residential building $ 5.00 surcharge pursuant to M.S. 326.86 41 Subd. 3 contractor, remodeler, or specialty contractor license verification 415 415.02 Permit for moving of building $206.00 45 415 415.02, Indemnity deposit for damages $515.00, unless licensed by Commissioner of Transportation 46 Subd. 3 sustained by moving of building 420 420.02 Excavation permit $10.00 per 100 feet of longitudinal excavation 50 420 420.02 Monitoring well permit $50.00 per well 50a 420 420.07, Street Surface Repair: Subd. 2 J. Under 10 square feet - $15.00/sq. ft. 51 10 - 25 square feet - $10.00/sq. ft. 52 over 25 square feet - $ 5.00/sq. ft. 53 430 430.03, Oil burner installer's license, $ 52.00 55 Subd. 8 stoker installer's license, steam or hot water heating installer's license, mechanical warm air heating and air conditioning installer's License, refrigeration installer's license 430 430.03, Gas piping installer's $ 52.00 56 Subd. 8 license 185 - 4 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 435 435.07 Gas piping permit Minimum Fee: Residential $21.00 plus surcharge pursuant to M.S. 168.70 60 Commercial - $26.00 plus surcharge pursuant to M.S. 168.70 61 Fee Calculations: 5 0 - 5 1,000 * S 15.00 plus 3.00% > E 500.00 62 $ 1,001 - 5 5,000 * $ 30.00 plus 2.50% > $ 1,000.00 63 5 5,001 - $10,000 * $130.00 plus 2.10% > $ 5,000.00 64 $10,001 - $25,000 * $235.00 plus 1.80% > $10,000.00 65 $25,001 - $50,000 * $505.00 plus 1.60% > $25,000.00 66 $50,001 and over * $905.00 plus 1.25% > $50,000.00 67 * plus surcharge pursuant to M.S. 168.70 435 435.07 Oil burner, stoker, steam or Minimum Fee: hot water heating, mechanical warm air heating and air Single Family - $21.00 plus surcharge pursuant to M.S. 168.70 68 conditioning or refrigeration Commercial - $26.00 plus surcharge pursuant to M.S. 168.70 69 permit All fees for above permits based on contract price as follows: 5 0 - 1,000.00 * $ 15.00 + 3.00% of anything over $ 500.00 70 1,001.00 5,000.00 * 30.00 + 2.50% of anything over 1,000.00 71 5,001.00 - 10,000.00 * 130.00 + 2.10% of anything over 5,000.00 72 10,001.00 - 25,000.00 * 235.00 + 1.80% of anything over 10,000.00 73 25,001.00 - 50,000.00 * 505.00 + 1.60% of anything over 25,000.00 74 50,001.00 - and over * 905.00 + 1.25% of anything over 50,000.00 75 * plus surcharge pursuant to M.S. 168.70 440 440.04 Plumbing or water conditioning permit Fees same as for gas piping permit 75a 440 440.04 Water conditioning equipment $25.00 plus surcharge pursuant to M.S. 168.70 76 installation permit 185 - 5 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 450 450.05 Swimming pool construction Same as the amount of the fee for a building permit 80 (see Subsection 410.02, Subd. 1, fees) 450 450.27, Public or semi-public swimming $295.00 per annum for each pool enclosed part or all of the 81 Subd. 4 pool license year $155.00 per annum for each outdoor pool 82 450 450.27, Public or semi-public whirlpool $ 75.00 per annum for each bath or pool 83 Subd. 4 bath or therapeutic swimming pool license 460 460.06, Sign permit $ 60.00 85 Subd. 1 Bench courtesy sign permit $ 12.00 per annum 86 460 460.06, Sign variance fee $100.00 for residential property 87 Subd. 6 $200.00 for commercial property 88 475 475.03, Parking ramp license $100.00 per annum 90 Subd. 1 605 605.07 Permits required by UFC Minimum fee: $35.00 95 Special hazard permit: Class I: General hazard and fire safety inspections $ 35.00 96 requiring a special hazard permit Class II: Special hazard inspection involving various $ 50.00 97 hazardous materials and/or processes in occupancies of buildings less than 3000 sq ft in area Class III: Special hazard inspection primarily $125.00 98 directed at, but not limited to, buildings or occupancies 3000 sq ft or larger where any of the following are present: A. Multiple hazards B. Storage handling, and/or processes involving dangerous or toxic materials, substances and/or processes C. Occupancies in which evaluation or high valuation presents unique circumstances 185 - 6 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 615 615.03 License to service fire $15.00 per annum per person to be licensed 100 extinguishers 620 620.04 Permit fee for cleaning of $50.00 for each permit 105 commercial cooking ventilation system 625 625.04 Sprinkler permit fees: 110 Number of Heads 1 - 5 * 5 40.00 (minimum fee) 6 - 10 * S 65.00 11 - 20 * $ 90.00 21 - 30 * $110.00 31 - 40 * $130.00 41 - 50 * S150.00 51 - 60 * S165.00 61 - 70 * $180.00 71 - 80 * $195.00 81 - 90 * $210.00 91 - 100 * $220.00 101 - 110 * $230.00 111 - 120 * $240.00 121 - 130 * $249.00 131 - 140 * $258.00 141 - 150 * $267.00 151 - 160 * $275.00 161 - 170 * $283.00 171 - 180 * $291.00 181 - 190 * $298.00 191 - 200 * $305.00 201 Plus * $305.00 for first 200 plus $6.00 for each additional head * plus surcharge pursuant to M.S. 16B.70 625 625.03 Fire pump installation and $80.00 118 associated hardware Standpipe installation $80.00 119 Each additional standpipe $ 8.00 120 625 625.03 Fire alarm system permit Same as for a building permit (see Subs. 410.02, Subd 1 fees) 121 635 635.02 False fire alarm $225.00 for the third and each subsequent response within one calendar year 125 710 710.04, Private sewage disposal system $25.00 130 Subd. 3 permit 185 - 7 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 716 716.02 Recycling service: Single Family S 3.85 per quarter 131 Double Bungalow S 3.85 per quarter 132 Apartments/Condos (2-8 units) S 1.95 per quarter 133 720 720.04, Food establishment license $410.00 per annum, $360.00 if certified pursuant to 135 Subd. 3 Subsection 720.04, Subd. 3 C of this Code, plus $110.00 per annum for each additional facility Day care, limited food $125.00 per annum 136 establishment license Take-out food facility $275.00 per annum, $225.00 if certified pursuant to 137 License Subsection 720.04, Subd. 3 C of this Code Packaged food sales license $130.00 per annum 138 Food warehouse license $70.00 per annum 139 Catering food establishment $410.00 per annum, $360.00 if certified pursuant to 140 License Subsection 720.04, Subd. 3 C of this Code, plus $110.00 per annum for each additional facility Itinerant food establishment $70.00 per event 141 License Retail candy shop license $50.00 per annum, plus 55.00 per annum for each additional 142 facility Potentially hazardous food $80.00 per annum 143 vehicle license Fleet of 5 or more potentially $400.00 per annum 144 hazardous food vehicles License Catering food vehicle license $150.00 per annum, plus $25.00 per annum for each additional 145 vehicle Food vehicle license 580.00 per annum 146 Fleet of 5 or more $400.00 per annum 147 food vehicles license Pushcart License $120.00 per anrxm 147a 185 — 8 Bff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 720 720.04, Food vending machine license $15.00 per annum 148 Subd. 3 720 720.06, Food establishment plan review 1. Minimum fee - $25.00 149 Subd. 5 2. New construction - 100% of food establishment license fee 150 based upon ultimate food establishment category. 3. Addition to, remodeling, repair or renovation of existing 151 food facility - 50% of food establishment license based upon ultimate food establishment license category. 735 735.03 Hotel, lodging or boarding Hotels - $200.00 for 1-50 rooms and $1.00 per each room 155 house license over 50 Lodging and boarding houses - $60.00 per location 156 810 810.09, Neighborhood property owner $1.00 per owner name 160 Subd. 3 C. list 810 810.09 Plat and subdivision filing fee For division of one or more lots where no new buildable Lots are created: $ 50.00 per lot 161 For all other plats and subdivisions: $350.00 plus $50.00 per Lot 162 810 810.09, Developer's agreement fee for 6.5% of the total construction cost of such public Subd. 2 City services rendered in improvements 163 connection with required street, water and sewer improvements 185 - 9 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 815 815.03 Permit fee for antennas, dish Same fee as for a building permit 165 antennas and towers (see Subsection 410.02, Subd. 1 fees) 820 820.01 Filing of application for $100.00 170 vacation of street, alley or easement 830 830.05, Permit fee for tree removal Same fee as for a building permit 175 Subd. 1 or grading (see Subsection 410.02, Subd. 1 fees) 830 830.05, Permit fee for open pit or Same fee as for a building permit 176 Subd. 1 excavation of 100 cubic (see Subsection 410.02, Subd. 1 fees) feet or more 845 845.04 Restricted access parking lot $500.00 180 license Renewals: 0-50 spaces $100.00 181 51-100 spaces $150.00 182 100-200 spaces $250.00 183 Over 200 spaces $400.00 184 850 850.04, Variance fee Residential $100.00 190 Subd. 1 C. Commercial $200.00 191 850.04, Fee for transfer of land to $350.00 for (one) R-2 lot 192 Subd. 2 A.2 another zoning district $500.00 for (two) R-2 lots 193 $650.00 for all other transfers 194 850 850.173, Temporary retail sales in PID $300.00 for first permit, 5200.00 for subsequent permits 195 Subd. 4 C.1a permit 850 850.04, Conditional use permit Fee shall be equal to City staff time expended and 196 Subd. 4 A.2 City's direct costs incurred in processing application. $500.00 deposit with application submission. Additional deposits of $500.00 shall continue to be made as prior deposits are expended. Deposits not expended shall be refunded to applicant. 850 850.04, Temporary conditional use $ 75.00 197 Subd. 5 C.1 permit 850 850.10, Landscaping inspection $100.00 198 Subd. 1 D. 850 850.04, Application fee for final $400.00 199 Subd. 6 development plan 185 - 10 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 900 900.06, Club Sunday sale liquor $200.00 per annum 205 Subd. 1 license 900 900.06, Club on-sale liquor license $650.00 per annum 206 Subd. 1 900 900.06, Non-intoxicating malt liquor Subd. 1 license: On-sale $210.00 per annum (renewal) 207 $270.00 per annum (new) 208 900 900.04, Off-sale $210.00 per annum (renewal) 209 Subd. 2 $270.00 per annum (new) 210 900 900.16, Temporary on-sale non- $40.00 211 Subd. 3 intoxicating malt liquor license 900 900.16, on-sate wine license Per year - Restaurants with 50 or fewer seats - $690.00 212 Subd. 1 51 - 100 seats, inclusive - $750.00 213 101 - 150 seats, inclusive - $810.00 214 Over 150 seats - $865.00 215 900 900.17, Manager's license $60.00 per year 216 Subd. 6.A 1020 1020.02 False automatic alarm $95.00 for the third and each subsequent response 220 1040 1040.08 Loudspeaker permit $6.00 per permit 225 1045 1045.05 Variance fee for storage of $50.00 230 RV's, boats, etc. 1100 1100.03, Sewer service charge: Subd. 2 Single family dwellings, town Based upon water usage during winter quarter. houses, two-family dwellings, (Three month period falling between apartment buildings November 1 and March 1) containing four or less dwelling units: To and including 1600 $24.32 quarter 235 cubic feet From 1601 cubic feet and $1.52 per 100 cubic feet 236 over Apartment buildings with more $117.00 plus $21.75 for each unit over four, or $1.52 per 237 than four dwelling units hundred cubic feet of water used during the quarter, whichever is greater 185 - 11 Eff. 1/1/94 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 1100 1100.03, Sewer service charge: $30.00 per water meter or approved sewage metering device 238 Subd. 2 Commercial and industrial on premises, or $1.52 per hundred cubic feet of water buildings, including schools used during the quarter, whichever is greater and churches 1100 1100.03, Industrial user extra strength As allocated to City by Metropolitan Waste Control Commission. 239 Subd. 3 charges 1100 1100.03, Shutting off or turning $12.50 for each turn on and for each shut off 240 Subd. 4.A on curb water stops at customer's request or due to non-payment of bill 1100 1100.04, Issuance of water meter Cost for model of meter issued, plus handling charges. 241 Subd. 1.0 1100 1100.03, Water service: 1. $0.53 per 100 cubic feet for areas of City, 242 Subd. 2 except areas described below in 2. Minimum charge of $8.48 per quarter will be made where 243 water consumption amounts to less than 1600 cubic feet 2. $1.30 per 100 cubic feet for Morningside area 244 and for east side of Beard Av. from West 54th St. to Fuller St. and both sides of Abbott Pl. from West 54th St. to Beard Av. Minimum charge of $15.60 per quarter will be made where 245 water consumption amounts to less than 1600 cubic feet in the Morningside area and for east side of Beard Av. from West 54th St. to Fuller St. and both sides of Abbott Pl. from West 54th St. to Beard Av. Flat annual charges as follows: $2,500.00 - Park Dept for water used for sprinkling 246 and skating rinks $1,000.00 - Street Dept for water used in flushing streets 247 1105 1105.01, Service Availability Charge $800.00 per SAC unit x number of SAC units computed as 250 Subd. 1 (SAC) pursuant to Subsection 1105.01, Subd. 1 of this Code. 1105 1105.02, Charge for connection to City Costs of connection work as assessed to property owner. 251 Subd. 1 water or sewer system 1110 1110.03, Storm water drainage charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255 Subd. 1 185 — 12 Eff. 111194 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 1205 1205.01 Curb cut permit $25.00 260 1235 1235.03, Parking permit $3.00 per month, pro-rated 265 Subd. 2 1235 1235.03, Refund upon return of parking $3.00 per month, pro-rated 266 Subd. 2 permit sticker 1300 1300.02, Refuse or recycling $120.00 per annum for first vehicle, $50.00 for each 270 Subd. 1 hauler license additional vehicle 1305 1305.03 Scavenger license $30.00 for first license, 820.00 for each annual 275 renewal thereof 1305 1305.09, Scavenger permit $20.00 276 Subd. 1 1325 1325.03 Tobacco sale license $250.00 per location 280 1340 1340.06, License for physical culture $200.00 for business license 285 Subd. 1 and health service or club, reducing club or salon, sauna parlor, massage parlor or escort service 1340 1340.06, License for individual $55.00 for individual license 286 Subd. 2 performing massage or escort services 1340 1340.06, Investigation fee at time of $55.00 287 Subd. 2 original application for an individual license 1340 1340.06, Investigation fee for a $1,500.00 288 Subd. 2 business license 1345 1345.05 License for sexually-oriented $200.00 per annum 289 Subd. 1 businesses 1345 1345.05 Investigation fee at time of $1,500.00 289a Subd. 2 original application for license 1410 1410.01 Redemption of impounded Fee in the amount as posted in Police Department. 290 vehicle 185 - 13 Eff. 1/1/94 City of Edina Animals 300.01 CHAPTER 3. ANIMALS Section 300 - Animal Control and Licensing 300.01 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection. Animal. Without limitation, livestock, rodents, dogs, cats, birds, reptiles and other animals. Accessory Building. A subordinate building or portion of a main building which is located on the same lot as the main building and the use of which is clearly incidental to the use of the main building. Animal Enclosure. Any building or portion thereof, structure or area of any kind, including, without limitation, pens, fenced areas and dog houses, that is principally used or designed for use as a place for keeping of animals. Commercial Kennel. A place where more than two dogs or other animals over six months of age are kept, and where the business of selling, boarding, breeding, showing, treating or grooming dogs or other animals is conducted. Domesticated Animal. An animal domesticated by humans so as to live and breed in a tame condition. Impound. Seize and hold in legal custody. Livestock Farm animals kept for use, pleasure or profit, including, without limitation, horses, mules, sheep, goats, cattle, swine and fowl. Own. To own, harbor, keep or have custody of an animal or be the parent or guardian of a person under 18 years of age who owns, harbors, keeps or has custody of an animal. Owner. Any person who shall own, harbor, keep or have custody of an animal or the parent or guardian of a person under 18 years of age who shall own, harbor, keep or have custody of an animal. Picket. To restrain an animal by means of a chain, leash or other attachment to a fixed object, thereby confining the animal to a determined area. Rear Yard. A portion of an improved lot between the principal building located on 300 - 1 City of Edina Animals 300.02 i such lot and the rear lines of the lot,which space is unoccupied except for accessory buildings and the lateral boundaries of which space are coterminous with the lateral boundaries of such lot. 300.02 Impounding. The Animal Control Officer, police officers, community service officers or other person or persons designated by the Council may impound an animal found, or, by complaint of the City, believed to be, in violation of this Section. Subd. 1 Notice. If the identity of the owner of an impounded animal is known, the impounder of such animal shall notify such owner as soon after such impounding as is reasonably possible. If the identity of the owner of an impounded animal is not known, the impounder of such animal, within 24 hours of such impounding, shall file an impounding notice describing the animal and stating the date and place where it was seized. Such notice shall be filed at the animal pound and the City Police Department. Subd. 2 Redemption. Any animal impounded for a reason other than rabies observation or for biting a person in violation of Subsection 300.14 may be redeemed from the animal pound by its owner within ten days of impounding by paying to the City the redemption fees in the amounts set forth in Section 185 and a license fee if the animal is required to be licensed and is unlicensed. The Police Department shall release any redeemed animal to its owner. Subd. 3 Animal Disposal. The Animal Control Officer may dispose of any animal either alive or deceased upon (i) the request of its owner, (ii) the payment to the City of a fee in the amount set forth in Section 185 of this Code and (iii) the receipt by the City of a liability release signed by such animal's owner. Subd. 4 Disposition of Unredeemed Animals. j A. Any animal not redeemed within ten days after impounding may be sold at a reasonable price which shall be not less than the amount of fees which the owner would have to pay to redeem the animal. During the three-day period preceding such a sale of an animal, other than a dog or a cat, a notice of the time and place of such sale shall be posted by the Animal Control Officer in at least three conspicuous places within the City and at the animal pound. If the animal is not sold on the date set forth on such notice, the City may sell the animal as soon thereafter as possible without further notice. The proceeds of the sale shall be applied first to the payment of the expenses of impounding and selling the animal and the balance shall be placed in the general fund. B. Any animal not redeemed within ten days after impounding and not sold as provided in paragraph A. of this Subd. 4 shall either be painlessly disposed of or surrendered for research purposes to any educational or scientific 300 - 2 City of Edina Animals 300.03 institution licensed pursuant to State Law. Subd. 5 Objection by Owner; Court Order. Any owner may object to the impounding or disposition of the animal by signing and filing an objection with the City within five days after the action objected to was taken. Within 20 days after impounding of an animal, if the animal is not redeemed or if the City is unable to reach agreement with the owner regarding the keeping of the animal in a manner consistent with the provisions of this Section, the City may bring an action in the appropriate court by serving on the owner a complaint setting forth the violation of this Section which caused the City to take action. The court may then order (i) the return of the animal to its owner with or without payment of redemption fees by the owner; or (ii) the disposal, destruction or sale of the animal; or, (iii) if the animal has been improperly disposed or sold, the payment to the owner of the reasonable value of the animal; or (iv) imposition on the owner of the same penalty as that for commission of a misdemeanor; or (v) any two or more of the foregoing or any other remedy the court determines just and proper. When an objection has been filed with the City, the City shall not dispose of or sell the animal referred to in the objection if it is still in the pound, but shall within ten days after filing of such objection, either return the animal to the owner, without liability on the owner's part for any fees, or keep it pending agreement with the owner or order of the court as provided above. If the animal has been disposed of or sold without a court order, the City after such filing shall either pay to the owner the reasonable value of the animal or begin the action described in this Subdivision. 300.03 Licensing Requirements. Subd. 1 Dog License Required. Any owner of a dog over six months of age shall secure a license for such dog from the City. Subd. 2 Proof of Vaccination. Proof of rabies vaccination must be presented at the time of initial licensing and each subsequent license renewal. Subd. 3 License Fee. Each owner of a dog shall pay the amount set forth in Section 185 of this Code as required for the initial licensing fee, the renewal fee, the neutered dog fee, or the duplicate fee. The renewal fee shall be due on or before the first day of January of each year. Subd. 4 Receipts and Tags. Upon payment of the license fee required by Section 185 of this Code, the City shall deliver an original receipt to the owner and retain a duplicate of such receipt. At the time of initial licensing, the City shall also deliver a metallic tag to the owner of the dog. A. The owner shall cause the tag to be fastened to the collar of the dog with a permanent metal fastening in a manner so that the tag may be easily seen 300 - 3 City of Edina Animals 300.06 by the officers of the City. B. If a tag is lost, a duplicate tag may be issued by the City upon presentation of a receipt showing the payment of the license fee for the current year. The City shall charge a fee for each duplicate tag in the amount set forth in Section 185 of this Code. C. It shall be unlawful to counterfeit or attempt to counterfeit the tag or to take from any dog such a tag legally placed upon it by its owner with the intent to place it upon another dog, or to place such tag upon another dog. D. The tag shall not be transferable and no refunds shall be made on any dog license fee because of leaving the City or death of dog before the expiration of the license period. 300.04 Commercial Kennel. No person shall maintain a commercial kennel without first having obtained a license pursuant to the provisions of this Section. Subd. 1 Kennel License Application. The application for a commercial kennel license or renewal thereof shall contain or have attached thereto, in addition to the information required by Section 160 of this Code, a detailed plan and description of the premises and structures wherein the kennel is to be operated, unless the application is for renewal of a previous license and no change in the premises or structure has been made or is contemplated to be made. Subd. 2 Kennel License Fee. The fee for a commercial kennel license shall be in the amount set forth in Section 185 of this Code. Subd. 3 Condition of Kennel. A commercial kennel shall be kept in a clean, sanitary and well-ventilated condition at all times, and shall be open to inspection by the Sanitarian, the Animal Control Officer or police officer of the City at all reasonable times. Subd. 4 Outside Runs Prohibited. No commercial kennel shall provide outside runs or penned areas designed for the confinement of animals outside of the principal building. 300.05 Rabies Vaccination. All dogs and cats over six months of age must have current rabies vaccination. Dogs must wear their current vaccination tags at all times. 300.06 Impounding, Quarantine or Destruction of Animals. Subd. 1 Bites. Any animal which has bitten or is reported to have bitten a person shall be quarantined under the care of a licensed veterinarian for ten days, or if proof of current rabies vaccination is presented, the animal may be quarantined at 300 - 4 City of Edina Animals 300.08 the owner's residence for ten days. When quarantined at the owner's residence, the animal must be kept separate from other animals and be kept within a building or fenced area at all times unless on a leash held by an adult. Subd. 2 Quarantine. Any quarantined animal shall be inspected by a licensed veterinarian at the end of the ten day quarantine period. If such animal becomes ill or dies during the quarantine period, the Animal Control Officer shall be notified immediately and the animal, if alive, shall be quarantined under the care of a licensed veterinarian, and if deceased, shall be delivered to the Animal Control Officer for rabies examination. Subd. 3 Inspection of Quarantined Animal. The owner of any quarantined animal shall deliver to the City the "Notice of Quarantine" served on the owner by the City at the time such quarantine is established, duly completed and signed by a licensed veterinarian acting as the inspecting veterinarian. Such notice shall be delivered to the Animal Control Officer not earlier than ten days, or later than 14 days, from the date of the establishment of the quarantine. If the inspecting veterinarian finds the animal to be rabid, it shall be destroyed. If the inspecting veterinarian finds the animal to be not rabid, the animal shall be returned to its owner provided that the owner shall first pay the costs referred to in Subsection 300.06, Subd. 4. Subd. 4 Impounding or Boarding Fee. The owner of any animal that has been quarantined shall pay any impounding or boarding fees and any costs incurred for veterinarian services. Subd. 5 Destruction of Animal. Any animal which has bitten or is reported to have bitten a person may be destroyed immediately if the animal cannot be impounded after reasonable effort, or cannot be impounded without serious risk to persons attempting to impound it. 300.07 Muzzling Proclamation. Upon written advice that a dog found in the City is infected with rabies or hydrophobia and that the safety and general welfare of the public is at risk, the Manager may order, by proclamation, (i) that all dogs be muzzled when off the premises of the owner, and (ii) that all unmuzzled dogs found off the premises of the owner be immediately impounded. Forty-eight hours after the proclamation has been published, either by posting or printing in the official newspaper, the Manager may further order that all unmuzzled dogs found off the premises of the owner shall be impounded and destroyed, except that an officer may immediately destroy such an unmuzzled dog if it cannot be impounded with reasonable effort. Any dog impounded during the first 48 hours after the publishing of any such proclamation, if claimed within ten days and if not infected with hydrophobia or rabies, shall be returned to its owner after payment of all fees described in Subsection 300.02, but after said ten days, such dog may be destroyed. 300.08 Sale or Gift of Animals for Advertising or Promotional Purposes. No person shall sell, offer for sale or give away for advertising or promotional purposes any animal less 300 - 5 City of Edina Animals 300.14 than 30 days old as a pet or novelty. 300.09 Keeping of Certain Animals Regulated. No person shall keep any rabbits, mice, hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for residential purposes except in a metal cage so constructed that it may be completely and easily cleaned and that the animal or animals kept therein are completely enclosed and protected from children and animals on the outside. Such animals at all times shall be kept within the dwelling or an accessory building. 300.10 Animal Enclosure. An animal enclosure, whether now existing or hereafter constructed, shall not exceed 300 square feet in area and shall be placed only in the rear yard and no closer than 20 feet to any property line. 300.11 Keeping of Certain Animals Prohibited. No person shall keep within the City: A. Any livestock. B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the purposes of this paragraph, the bloodline of an individual animal must comprise not less than 51 percent domestic breeds. C. Honeybees and apiaries. i D. Venomous snakes. I 300.12 Animals Running at Large. No owner shall allow any animal to run at large on any property without the consent of the owner or possessor of the property. I 300.13 Confinement of Certain Animals. Subd. 1 Animal in Heat. Any animal in heat shall be kept confined in a manner which will prevent its escape and access thereto by other animals. Subd. 2 Fierce Animal. Any domesticated animal of a fierce, dangerous or vicious nature or disposition shall be confined (i) in a manner which will prevent its escape and its causing harm to persons; and (ii) in a place from which it cannot be released except by its owner and except when muzzled and under the control of a competent person. 300.14 Animals Declared a Public Nuisance. Subd. 1 Animals Which Chase Vehicles. Any animal which habitually chases motor vehicles on public streets, or threatens, worries, chases or attacks pedestrians, bicyclists or other persons on public property, public areas or private property other than property owned or possessed by the owner of the animal shall be deemed a 300 - 6 City of Edina Animals 300.15 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 Limitation on Number of Dogs or Cats. No more than three dogs or cats in the aggregate which are over six months of age shall be kept or harbored at any place in the City, except in a pet shop, animal hospital, or commercial kennel, unless a permit has been issued pursuant to this Subsection by the Council. Subd. 1 Permit Application and Hearing. Persons who wish to keep or harbor more than the number of dogs or cats permitted by this Subsection may apply for a permit from the Council. After the receipt of the permit application, and the fee as set forth in Section 185 of this Code, the Council shall conduct a public hearing regarding the application. A notice of the date, time, place, and purpose of the hearing shall be mailed at least 10 days before the date of the hearing to each owner of property situated wholly or partly within 200 feet of the property to which the application relates. Subd. 2 Issuance of Permit. After hearing the oral and written views of all interested persons, the Council shall make its decision. The Council shall not grant a permit unless it finds that keeping or harboring more than the allowed number of dogs or cats on the applicant's property: A. Will not be a nuisance. B. Will not be detrimental to the public health and safety of the applicant 300 - 7 City of Edina Animals 300.17 or other persons in the vicinity. Subd. 3 Permit Not Transferable. No permit may be transferred to any person or place by the person or from the place to whom and for which the permit was granted. The permit shall be granted only for the dogs or cats described in the application. No dogs or cats described in the application may be replaced by the applicant without first obtaining a new permit from the Council. Subd. 4 Conditions and Restrictions. The Council may impose conditions and restrictions as it deems necessary for the protection of the public interest and adjacent properties and to ensure compliance with the requirements of this Section and other applicable provisions of this Code. Each permit issued pursuant to this Subsection shall remain in effect only so long as the conditions and restrictions imposed by the Council are observed and not violated. 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 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 of its owner at any time unless it is restrained with a leash measuring ten feet or less in length. I 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 300 - 8 City of Edina Animals 300.19 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 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 300 - 9 City of Edina Animals 300.20 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, Ord 1994-2 3-2-94 Reference: M.S. 343.20 through 343.40, 347 Cross Reference: Sections 160, 185 i i 300 - 10 City of Edina General Code Provisions and Administration 150.09 Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly rate computed as provided by applicable law. Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to work on less than a full-tune basis or for temporary employment, compensation shall be paid for the position hired as provided for in the part-time and temporary compensation plan then approved by the Council. Temporary and part-time employees are not entitled to sick leave or vacation leave except to the extent determined necessary or desirable by the Manager for the proper administration of the City. Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor Standards Act apply shall be compensated for overtime at one and one-half times the regular rate of pay. To the extent permitted by law and policy then established by an employee's department head, and which policy has been approved by the Manager, an employee may accrue and use compensatory time instead of pay at overtime rates. Overtime shall be paid or compensatory time accrued, for hours worked in excess of 40 hours within a defined seven-day work period as directed by a department head and in accordance with the State or Federal Fair Labor Standards Act and/or applicable Statutes. Each department head shall be responsible for the accounting and certification to the payroll clerk of overtime worked and compensatory time taken by each employee in the employee's department. Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a payday falls on a holiday, employees shall be paid on the preceding work day. 150.08 Work Hours. Work schedules for employees shall be established by the appropriate department head with the approval of the Manager. The regular work week for employees is five, eight-hour working days in addition to one 30 minute lunch period per working day within a seven-day cycle, except as otherwise established by the department head with the approval of the Manager. 150.09 Vacation Leave With Pay. Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave according to the following schedule. No other types of employees are eligible for or shall accrue vacation leave with pay. Subd. 2 Amount. The following accrual schedule shall apply to eligible employees: 1 through 5 continuous years of 3.076 hours per pay period regular full-tune employment (10 days per year) 150 - 5 City of Edina General Code Provisions and Administration 150.09 6 through 10 continuous years of 4.61 hours per pay period regular full-time employment (15 days per year) 11 through 15 continuous years of An additional .307 hours per pay regular full-time employment period or one additional day of vacation for each additional year of service to 15 years of service. (total at 15 years of service - 20 days per year). 16 years or more continuous 6.154 hours per pay period service of regular full-time (20 days per year) employment. Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence, under Subsection 150.12 shall be included in the continuous years of service for the purpose of determining accrual rates, vacation shall not accrue during leaves of absence under said Subsection 150.12. Subd. 4 When Taken. Vacation leave may be used as earned, subject to the approval of the department head to the time at which it is taken and subject to the provisions of Subd. 4 of Subsection 150.06. Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with over five continuous years of employment or less may carry forward from one vacation leave earned during the calendar year. All calendar year to the next all g Y Y regular full-tune employees with more that five continuous years of employment may carry forward not more than 40 hours of vacation earned during a calendar year. Vacation leave earned but not taken which exceeds 40 hours per calendar year shall be deducted from each employee's vacation balance at the end of each calendar year. The maximum amount of vacation that may be taken during a calendar year is 25 days except that additional days may be taken in accordance with the family and medical leave policy adopted pursuant to subsection 150.13. Subd. 6 Terminal Leave. All employees who accrue vacation and who leave employment with the City in good standing, as described in Subsection 150.16, shall be compensated for accrued and unused vacation at the date of separation not to exceed 240 hours. Subd. 7 Accrual During Leave. An employee using earned vacation leave shall accrue vacation and sick leave during such use. 150.10 Sick Leave. Subd. 1 Eligibility. Every regular full-tune employee shall be entitled to and shall 150 - 6 i City of Edina Land Use, Platting and Zoning 850.03 Residential Occupancy. The use of a room or rooms for housekeeping purposes by the owner of the property, or by a lessee or occupant, for periods of 30 days or more for a rental fee, or other compensation, or pursuant to other arrangements with the owner. Residential Use. See Residential Occupancy. Rest Home. See Convalescent Home. Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an apartment building with a kitchen, bathroom,living and storage space, of not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space, of not less than 550 square feet nor more than 700 square feet, and specifically designed for occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space, of not less than 750 square feet nor more than 850 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over. Setback - Front Street. The shortest horizontal distance from the forward most point of a building or structure to the nearest point on the front lot line. Setback - Interior Side Yard. The shortest horizontal distance from any part of a building or structure to the nearest point on an interior side lot line. Setback - Rear Yard. The shortest horizontal distance from any part of a building or structure to the nearest point on a rear lot line. Setback - Side Street. The shortest horizontal distance from any part of a building or structure to the nearest point on a side lot line that adjoins a street. Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters, adult motion picture rental, adult mini-motion picture theaters,adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, and adult body painting studios as herein defined. In addition, all other premises, enterprises, establishments, businesses or places at or in which there is an emphasis on the presentation, display, depiction or description of Specified Sexual Activity or Specified Anatomical Areas which 850 - 13 City of Edina Land Use, Platting and Zoning 850.03 are capable of being seen by members of the public. The term "sexually- oriented businesses" shall not be construed to include, (i) schools or professional offices of licensed physicians, chiropractors, psychologists, physical ierapists, teachers or similar licensed professionals performing functionsau� ht orized under the licenses held, (ii) establishments or businesses operated by or employing licensed cosmetologists or barbers performing functions authorized under licenses held, (iii) businesses or individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of clothing. Shopping Center. A group of unified commercial establishments located on a single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not fewer than six separate and distinct business entities which are located in one or more buildings comprising not less than 25,000 square feet of gross floor area, and which share joint use of parking facilities, pedestrian ways, landscaping, traffic circulation and other amenities, in accordance with and pursuant to a joint use agreement, in form and substance acceptable to the Planner and Engineer, duly signed and delivered by all owners and encumbrances of the shopping center, and duly recorded in the proper office to give constructive notice. Specified Anatomical Areas. (i) Less than completely and opaquely convered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; or, (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or, (iv) Fondling or touching of nude human gentials, pubic region, buttock, or female breast(s); or, (v) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other sexually- oriented contact with an animal by a human being; or, (vii) Human excretion, urination, menstruation, vaginal or anal irrigation. Story. That portion of a building included between the surface of any floor 850 - 14 City of Edina Land Use, Platting and Zoning 850.16 b. for a gas station, 15,000 square feet. 2. Maximum lot area: 60,000 square feet. 3. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic equipment shall be used and stored within a building. 4. Interior curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas and streets. 5. No automobile service station on a lot adjoining a lot in a residential district shall be operated between the hours of 11:00 P.M. and 6:00 A.M. 6. All driving surfaces shall be constructed and maintained in the same manner as prescribed for parking lots by this Section. 7. No merchandise shall be displayed for sale outside a building except in that area within four feet of the building or within pump islands used for dispensing motor fuels. 8. No motor vehicles except those owned by the operators and employees of the principal use, and vehicles awaiting service, shall be parked on the lot occupied by the principal use. Vehicles being serviced may be parked for a maximum of 48 hours. 9. Body work and painting is prohibited. 10. No buildings, driveway surfaces, parking areas or other improvements shall be located within 110 feet of any portion of a lot in a residential district which is used for residential purposes if separated from the lot by a street, or within 50 feet if not so separated by a street. 11. Pump islands shall maintain a front and side street setback of at least 20 feet and an interior side yard and rear yard setback of at least 25 feet. 12. Notwithstanding the requirements of Subsection 850.08, driveways and drive aisles need only provide a setback of not more than five feet from all lot lines, subject to the requirements of subparagraph 10. of paragraph L. of this Subd. 11. 850 - 103 City of Edina Land Use, Platting and Zoning 850.17 M. Car Wash Standards. 1. A car wash shall be subject to the same standards as specified herein for automobile service centers. 2. All waste water disposal facilities, including sludge, grit removal and disposal equipment, must be approved by the Engineer prior to installation. 3. Not more than one point of ingress and one point of egress shall be allowed from any one public street to the car wash. N. Standards for Sexually-Oriented Businesses. 1. No sexually-oriented business shall be located closer than 500 feet from any other sexually-oriented business or licenses day-care facility. Measurements shall be made in a straight line, without regard to intervening structures or objections, from the nearest point of the actual premises of the sexually-oriented business or licenses day-care facility. 2. No sexually-oriented business shall be located closer than 500 feet from any property in the R-1, R-2, PRD, PSR or MDD District, or any residentially zoned property in the city adjoining the City. Measurements shall be made in a straight line, without regard to intervening structures objects, from the nearest point of the actual business premises of the sexually-oriented business to the nearest boundary of the R-1,_R-1, PRD, PSR, or MDD District. 850.17 Planned Industrial District (PID) Subd. 1 Principal Uses. A. All principal uses allowed in the Planned Office District. B. Manufacturing, compounding, processing, packaging, treatment and assembly of products and materials. C. Scientific research, investigation, testing or experimentation. D. Warehousing of non-perishable products, if the products are owned by or consigned to the owner of the principal use or its lessee, and further, if the owner or lessee does not establish the principal use in the capacity of a carrier for the purpose of a freight operation. 850 - 104 o_ @ s' City of Edina, Minnesota /° OFFICE OF THE CITY CLERK ^m,.•,ti' 4801 West 50th Street• Edina,Minnesota 55424• (612)927-8861 TRANSMITTAL: DATE: ? 19/95 TO: zDLNA CODE BOOK USERS FROM: Marcella Daehn, City Clerk RE: "-)de Book Updates as of 01/17/95 ITEM(S): NO. DESCRIPTION PURPOSE: As you requested Review and return For your information _„ Renly to sender For your approval -emarks) REMARKS: On Tuesday, January 17th I sent you City l.0 a Bu— - S. It was discovered that a word had been omitted on page 300 - 9 and a word should have been deleted on page 150 - 6. heplacement pages are enclosed Please substitute these pages for those sent to you earlier this week. Call if you have questions - 927-8861. City of Edina Animals 300.17 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. pow-aTiA!( v B. The Animal Control Officer may declare a dog to be Adangerous dog as defined by M.S. 347.50. A notice declaring a dog to be potentially dangerous shall be served upon the owner of the dog either personally or by certified mail. The Animal Control Officer may require that a potentially dangerous dog be confined or restrained when on the owner's property and restrained and muzzled when off the owner's property. C. No dog shall be declared a dangerous dog under M.S. 347 except by the Council after a public hearing. Mailed notice 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 - 9 City of Edina Animals 300.20 300.18 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 ( shall erson i) take or attempt to take from any P 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 Al 8-29-84, 312-A2 8-15-90, Ord 1994-2 3-2-94, Ord 1994-11 1-4-95 Reference: M.S. 343.20 through 343.40, 347 Cross Reference: Sections 160, 185 300 - 10 City of Edina General Code Provisions and Administration 150.09 6 through 10 continuous years of 4.61 hours per pay period regular full-time employment (15 days per year) 11 through 15 continuous years of An additional .307 hours per pay regular full-time employment period or one additional day of vacation for each additional year of service to 15 years of service. (total at 15 years of service - 20 days per year). 16 years or more continuous 6.154 hours per pay period service of regular full-time (20 days per year) employment. Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence, under Subsection 150.12 shall be included in the continuous years of service for the purpose of determining accrual rates, vacation shall not accrue during leaves of absence under said Subsection 150.12. Subd. 4 When Taken. Vacation leave may be used as earned, subject to the approval of the department head to the time at which it is taken and subject to the provisions of Subd. 4 of Subsection 150.06. -�bbdd. 5 Maximum Annual Carry Forward. All regular full-time employees with ove five continuous years of employment or less may carry forward from one calendar year to the next all vacation leave earned during the calendar year. All regular full-time employees with more than five continuous years of employment may carry forward not more than 40 hours of vacation earned during a calendar year. Vacation leave earned but not taken which exceeds 40 hours per calendar year shall be deducted from each employee's vacation balance at the end of each calendar year. The maximum amount of vacation that may be taken during a calendar year is 25 days except that additional days may be taken in accordance with the family and medical leave policy adopted pursuant to subsection 150.13. Subd. 6 Terminal Leave. All employees who accrue vacation and who leave employment with the City in good standing, as described in Subsection 150.16, shall be compensated for accrued and unused vacation at the date of separation not to exceed 240 hours. Subd. 7 Accrual During Leave. An employee using earned vacation leave shall accrue vacation and sick leave during such use. 150.10 Sick Leave. Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall 150 - 6 City of Edina General Code Provisions and Administration 150.09 Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly rate computed as provided by applicable law. Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to work on less than a full-time basis or for temporary employment, compensation shall be paid for the position hired as provided for in the part-time and temporary compensation plan then approved by the Council. Temporary and part-time employees are not entitled to sick leave or vacation leave except to the extent determined necessary or desirable by the Manager for the proper administration of the City. Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor Standards Act apply shall be compensated for overtime at one and one-half times the regular rate of pay. To the extent permitted by law and policy then established by an employee's department head, and which policy has been approved by the Manager, an employee may accrue and use compensatory time instead of pay at overtime rates. Overtime shall be aid or compensatory time accrued, for hours o p P rY worked in excess of 40 hours within a defined seven-day work period as directed by a department head and in accordance with the State or Federal Fair Labor Standards Act and/or applicable Statutes. Each department head shall be responsible for the accounting and certification to the payroll clerk of overtime worked and compensatory time taken by each employee in the P employee's department. Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a payday falls on a holiday, employees shall be paid on the preceding work day. 150.08 Work Hours. Work schedules for employees shall be established by the j appropriate department head with the approval of the Manager. The regular work week for employees is five, eight-hour working days in addition to one 30 minute lunch period per g working day within a seven-day cycle, except as otherwise established by the department head with the approval of the Manager. 150.09 Vacation Leave With Pay. i Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave according to the following schedule. No other types of employees are eligible for or shall accrue vacation leave with pay. Subd. 2 Amount. The following accrual schedule shall apply to eligible employees: 1 through 5 continuous years of 3.076 hours per pay period regular full-tune employment (10 days per year) 150 - 5