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HomeMy WebLinkAboutOrdinances 1952-1980's File 2ORDINANCE NO. 183 AN ORDINANCE RELATING TO BUSINESS ACTIVITIES ON SUNDAYS, PROHIBITING CERTAIN OF SUCH AC- TIVITIES, AND PROVIDING PENALTIES FOR VIOLATIONS The Village Council of the Village of Edina, Minnesota, ordains: Section 1. Puruose. It is determined to be in the interest of the public health, order, convenience and general welfare to observe certain days, hereinafter specified, as days of rest and recreation, free from unrestricted commercial activity, and it is the purpose of this ordinance to aid in the preservation of such days for such purposes. Section 2. Definitions. Subd. 1. "Person" means any individual, partner- ship, corporation, association, or other group, however organized, and includes agents and employees. Subd. "Restricted item" means any of the following: Clothing and wearing apparel; clothing accessories; footwear; furniture; furs; housewares; china- ware, pottery and glassware; household or business or office furnishings and appliances; hardware; tools; paints and varnishes; building materials and supplies; jewelry; cameras; silverware; watches; clocks; luggage; musical instruments; musical recordings; radio receivers; television receivers; phonographs and record and tape players; lawn mowers; boats; outboard motors; automobile parts; automobile accessories; toys other than novelties and souveniers; lumber; floor covering; farm implements and machinery; groceries; meats and foods, not prepared and served on the premises or served else- where by food caterers. Subd. 4. "Sell" includes making a sale, assisting in selling, engaging in the business of selling, extending credit for a sale, and attempting to sell. Subd. 5. "Sunday" means the first day of the calendar week. Section 3. Sales Restricted. No person shall sell a restricted item on Sunday. Section 4. Premittina Sales Prohibited. No person who is in charge of a business establishment, or a part thereof, whether as the owner, corporate director, corporate officer, manager, supervisor, or otherwise, shall permit another person to sell a restricted item in such establishment or part thereof, on Sunday. Section 5. Sales Not Restricted. The prohibitions contained in Sections 3 and 4 shall not apply to the following: (1) An isolated sale from a residence by a person not reularly engaged in selling the kind of merchandise sold. (2) The sale of groceries, meats and other foods in any business establishment at which not more than four persons are regularly engaged in the conduct of the business. (3) The sale of automobile parts or accessories at gasoline service stations where such items are customarily available, or the sale of such items in any isolated sale constituting an emergency. (4) The sale by any person of the products of a farm or garden occupied and cultivated by him. -I- 0 (5) The sale at any public auditorium, stadiums, bathing beach, amasemsnt park or sports arena of merchandise which is essential to, customarily sold at, or incidental to the operation of such place. (6) The dispensing of any coupon, stamp or merchandise premium in conjunction aad simultaneously with the sale of any merchandise the sale of which is not prohibited on Sundaya, (T) The advertisement for sale of any merchandise by any newspaper or other established advertising medium. (8) The sale of confections; ices; ice cream; dairy products; eggs; electric fuses; light bulbs.; and other items, other than gas or electric appliances, essential to the safe operation of heating, lighting and plumbing equipment already installed. Section 6. Separate Offe; .es. Each sale of a restricted item in violation of this ordinance is a separate offense. Section L Interpretation. Subd. 1. This ordinance is not to be construed as permitting any act which is otherwise prohibited by law. Subd. 2. If any provision in this ordinance is found to be void, the remaining provisions shall remain valid unless such provisions, standing alone, are incomplete and are incapable of being executed. Section 8. Penalty. Any person violating this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $100 or by imprisonment for not more than ninety days. Section 9. This ordinance shall be in full force and effect from and after midnigt-t, Saturday, March 10.- 1962. Adopted this 26th day of February, 1962. ATTEST: Signed) ARTHUR C. BREDESEN9 JR. (Signed) GRETCHEN S. ALDEN Mayor �® Village Clerk Published in Edina-Morningside Courier Thursday, March 8, 1962. Cl No. 191 AN ORDINANCE TO PROMOTE AND CONSERVE PUBLIC SAFETY, HEALTH, PEACE, CONVENIENCE, AND WELFARE BY REGULATING THE OPERATING OF VEHICLES AND THE USE OF THE STREETS OF THE VILLAGE AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF Section 100. WORDS AND PHRASES DEFINED The following words and phrases when used in this ordinance shall have the mean- ings respectively ascribed to them in this section. 101. Authorized Emergency Vehicle: vehi- cles of the fire department, police vehicles, and such ambulances and emergency vehi- cles of municipal departments or public service corporations as are designated or authorized by the chief of police of this Village, and equipped and id e tified ac- cording to law.c�ruu+�i�z 102. Bicycle: every device propelled by human power upon which any person may ride, having two tandem wheels .either. of which is over 20 inches in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. 103. Bus: every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation. 104. Business District: the territory con- tiguous to and including a street or highway when 50 per cent or more of the.frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business. 105. Chief of Police: the chief of police of this Village, acting directly or through his duly authorized officers or agents. 106. Village Council: the local body hav- ing authority to adopt local police regu- lations under the constitution and laws of this State. 107. Village Engineer: the village engin- eer of this Village acting directly or through his duly authorized officers or agents. 108. Commissioner: the commissioner of highways of this State, acting directly or through his duly authorized officers or agents. 109. Conviction: the term "conviction" means a final conviction either after a trial or upon a plea of guilty; also a forfeiture of cash or collateral deposited to*guarantee a defendant's appearance in court, which forfeiture has not been vacated, is equiva- lent to a conviction. 110. Crosswalk: 110.1. That portion of a roadway ordi- narily included within the prolongation or connection of the lateral lines of sidewalks at intersections. 110.2. Any portion of a roadway distinct- ly indicated for pedestrian crossing by lines or other markings upon the surface. 111. Curb: the lateral boundaries of a roadway, whether or not marked by curb- ing. 112. Custom Service Vehicles: all vehicles used as well -drilling machine, wood -sawing machine, cement mixer, rock crusher, road grader, ditch digger, or elevating grader, and similar service equipment. 113. Department. the department of high- ways of this state, acting directly or through its duly authorized officers and agents. 114..Double Parking: the standing of a vehicle upon a street or highway alongside of and parallel to another vehicle which is parked at the curb. 115. Driver: every person..who drives -or is in actual physical control of a vehicle. 116. Explosives: any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidiz- ing and combustive units or other ingredi- ents in such proportions, quantities, or pack- ing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing de- structive effects on contiguous objects or of destroying life or limb. 117. Farm Tractor: every motor vehicle designed and used primarily as afarm im- plement for drawing plows, mowing -ma chines, and other implements of husbandry. ,118. Flammable Liquid: any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test device. 119. Gross Weight: the unloaded weight of a vehicle or the unloaded weight of a truck -tractor and semi -trailer combination, plus the weight of the load. 120. Intersection: 120.1. The area embraced within the pro- longation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another, at, or approximately at, right angles, or the area within which ve- hicles traveling at any other angle may come in conflict. 120.2. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also in- cludes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. 121. Laned Highway: a highway the road- way of which is divided intq two or more clearly marked lanes for vehicular traffic. 122. Limit Line: visible markings on high- way pavement establishing bounds for traf- fic. 123. Metal Tire: every tire the surface of which in contact with the highway is wholly or partly of metal or other hard non - resilient material. 124. Motorcycle: every motor vehicle hav- ing a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motors at- tached, but excluding a tractor. 125. Motor Vehicles: every device. which is self-propelled and not deriving its power from overhead wires. 126. Motor Vehicle Dealer:, any. person engaged in the business of manufacturing or selling, new and unused motor vehicles, or used motor vehicles, or both, having an established place of business for the. sale, trade and display of such motor vehicles, and having in his possession motor vehicles for the purpose of sale or trade. 127. Official Traffic Control Device;: all signs, signals, markings and devices not in- consistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. 128..One-Way-Roadwby: a street or roadway designated and sign -posted for one-way traffic and on which all vehicles are required to move in one indicated direc- tion. 129. Owner: a person who -holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the con- ditional sale or lease thereof with the right of purchase upon performance of the condi- tions stated in the agreement'and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to pos- session, then such conditional vendee or les- see or mortgagor shall be deemed the owner for the purpose of this ordinance. The operation or use of a motor vehicle in vio- lation of the provisions of this ordinance shall be prima facie evidence that said, mo- tor vehicle was at the time of such violation controlled, operated and used by the regis- tered owner thereof. :130, Parking: the standing of a vehicle upon a street or highway whether accom- ponied or unaccompanied by the operator thereof. 131. Pedestrian: any person afoot. 132. Person: every natural person, firm, co-partnership,'as'sociation, or corporation. 133. Pneumatic Tire: every tire in which compressed air is designed to support the load. 134. Police Officer: every officer autho- rized to direct or regulate traffic or to make arrests for violations of traffic regulations. 135. Private Road or Driveway: every way or place in private ownership and used for vehicular travel by the owner and those hav� ing express or implied permission from the owner, but not by other persons. 136. Railroad: a carrier of persons or property upon cars, other than: street cars, operated upon stationary rails. T37. Railroad Sign or Signal: any sign, signal, or device erected by authority of -6 public body or official -or by a railroad --and intended to give notice of the presence of railroad tracks or the, approach of a rail- road train. -49- 138. Railroad Train: a steam engine, elec- tric, or other motor, with or without cars coupled thereto, operated upon rails, ex- cept street cars. 139. Residence District: the territory con- tiguous to and including a street or high- way not comprising a business district when the property on such street or highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. 140. Right -of -Way: the privilege of the immediate use of the street or highway. 141. Road Tractor: every motor vehicle designed and used for drawing. other ve- hicles and not so constructed as to carry any load thereon independently or to carry any part of the weight of a vehicle or load so drawn. 142. Roadway: that portion of a highway improved, designed, or ordinarily used for vehicular travel. In the event a highway in- 152. Traffic: pedestrians, ridden or herded animals, vehicles, street cars, and other con- veyances, either singly or together, while using any street or highway for purposes of travel. 153. Traffic Control Signal: any device, whether manually, electrically, or mechan- ically operated, by which traffic is alter- nately directed to stop and to proceed. 154. Trailer: every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. 155. Truck: every motor vehicle designed, used or maintained primarily for, the trans- portation of property. 156. Truck -Tractor: every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the Weight of the vehicle and load so drawn. cludes two or more separate roadways the term "roadway" as used herein shall refer h 157. Vehicle: eve device inu every , Pon, or to any such roadway separately but not to by which any person or property is or may all such roadways collectivelyO,*xA*.,i(4VV-?�/-)'�rbe transported or drawn upon a street or highway, except devices moved by human 143. Safety Zone: the area or space offi- power or used exclusively upon stationary cially set apart within a roadway for the exclusive use of pedestrians and which is rails or track;. dw / J ►L+Pz+�� ���' J c� protected or is so marked and indicated by /&-, /(o%Secti6A1?0. DRIVER'S LICENSE — adequate signs as to be plainly visible at t /6 CHAUFFEUR'S LICENSE. all times set apart as a safety zone. � 201. Driver's License Required. No per- 144. School Bus: every motor vehicle son, except those hereinafter expressly ex - owned by a public or governmental agency empted, shall operate or drive any motor and operated for the transportation of vehicle upon any street or highway in this children to or from school, or privately Village unless he has a valid license as a owned and operated for compensation for driver under the provisions of the Drivers the transportation of children to or from License Law of the State of Minnesota. sc ool. 145. Semi -Trailer: every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. 146. Sidewalk: that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. 147. Solid Tire: every tire of rubber or other resilient material which does not de- pend upon compressed air for the support of the load. 148. Street Car: a car other than a rail- road train for transporting persons or prop- erty and operated upon rails. 149. Street or Highway: the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for pur- poses of vehicular traffic. 150. Through Highway: every street or highway or portion thereof a. he entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing The same when stop signs are erected as provided in this ordinance. 151. Trackless Trolley Car: every vehicle which is propelled by electric power ob- tained from overhead trolley wires but not operated on rails. 202. Who Are Exempt. The following per- sons are exempt from license hereunder: 202.1. Any person licensed as chauffeur under the laws of the State of Minnesota while operating a motor vehicle in the per- formance of his duties as such chauffeur; 202.2. Any person while driving or op- erating a motor vehicle in the service of the Army, Navy, or Marine Corps of the United States; 202.3. Any person while driving or op- erating any farm tractor, or implement of husbandry temporarily operated or moved on a highway; 202.4. A non-resident who is at least 15 years of age and who has in his immediate possession a valid driver's license issued to him in his home state or country may oper- ate a motor vehicle in this state only as a driver; 202.5. Any non-resident who is at least 18 years of age, whose home state or country does not require the licensing of drivers may operate a motor vehicle as a driver only, for a period of not more than 90 days in any calendar year if the motor tehicle so operated is duly registered for the current calendar year in the home state or country of such non-resident. 202.6. Any person who has obtained from the department an instruction permit, while having such permit in his immediate possession, but such person must be accom- panied by a licensed driver or chauffeur who is actually occupying a seat beside the driver. 203. Licensee to Have License in Posses- sion. Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of the judge of any court, a peace officer, an authorized representative of the department, or an officer authorized by law to enforce the laws relating to the operation of motor vehicles on public streets and highways, and the licensee shall, upon request of any such officer, write his name in the presence of such officer in order that the identity of the licensee may be determined. 204. Unlawful Acts. It shall be unlawful for any person: 204.1. To display, or cause or permit to be displayed, or have in his possession, any canceled, revoked, suspended, fictitious,or fraudulently altered driver's license; or 204.2. To lend his driver's license to any other person or knowingly permit the use thereof by another; or 204.3. To display or represent as one's own any driver's license not issued to him; or 204.4. To fail or refuse to surrender to the department, upon its lawful demand, any driver's license which has been sus- pended, revoked, or canceled; or 204.5. To operate a motor vehicle in any manner in violation of the restrictions im- posed in a restricted license issued to him; or 204.6. For any resident or non-resident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended, revoked, or canceled, to operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or other- wise during such suspension, or after such r`evocgtiorrn uti 4 ne�y license i obtained. 205 5ha11 Not Rent// Motor Vehicle to Unlicensed Driver. No person shall rent or lease a motor vehicle to any other person unless the latter person is then duly licensed hereunder, or, in the case of a non-resident, then duly licensed under the law of the state or country of his residence, except a non- resident whose home state or country does not require that a driver be licensed. 206. Violations; Exceptions. Any person whose driver's license or driving privilege has been canceled, suspended, or revoked, who operates any motor vehicle, the opera- tion of which requires a driver's license, upon the streets or highways in this Village while such license or privilege is canceled, suspended, or revoked, is guilty of a viola- tion of this ordinance; and, upon conviction, for a first offense shall be punished by a fine of not less than $10.00 or by imprison- ment for not less than ten days, and for a second and each subsequent offense shall be punished by a fine of not less than $50.00 or by imprisonment for not less than 30 days. 207. Owner's Responsibility. No person having possession or control of a motor vehicle shall knowingly authorize or allow the same to be driven or operated by any person prohibited from driving or operating such vehicle. —50= ORDIOANCE NO. 191-1 5" HO jr Til F OR, 1:1 11N ANC, D', T AN, 011D.0 C,- lit: D 1, VILLAGE C9 EDINA B7 AMINO MW MOVIBIONS THERETO !�­'-jI [I � OF �C7 PHEMITTINUTHE COMM TC L,. S CLE THE VILLAGE CCUMIL OF THE VILIAGE 17 HDINKS ORDAINS: 6action 1. Section 710 of Ordinates No, 191 of the Revised Ordinance of the Village of Edina is hereby amnKM by Wding thireto a new subsection as follows: "710.7 The Village Ccunctl may from time to tima cause siEns to be erected on or adjacent to strasts of the Village probibiting left or right turns, or ooth, at intersections or between inter- sections. Ho driver of a vehicle shall makg any turn so probibited,11 Section 2. Station 807 of said Ordinance No. 191 is hereby amended to read as follows. Wh Crosswalks hetween intersections, The Villakq Cou,-Icil j,y t--fwa establish ,rossvralks be :lean hate rsoctions, Such crossunihs Mall ce indicated by lines or other upn�l the surfacef qnd the Ovincil maY cause traffic -control signals 'Co be installed o coyhroacaBetween adjacent intersactiono it "Pick traffic.control sienals are in aperetion, pedestrians &M not cross at any place oyncut in a maTked Crosswalk," Adopted tg the Council this 23rd day of &rchf 193% (Signed) REABEN F. ERICK301,; ATTES7. nay -or (Signed) EVALD C. AM Village UnK Published in Edina-Morningside Couider April 23 and 301 1953. 208. Surrender of Driver's License. When any person is convicted in the municipal court of the Village of any offense for which the Driver's License Law makes mandatory the revocation of the driver's license of such person by the department, or when any per- son is convicted of any offense for which said court recommends the suspension of the driver's license of such person, said court shall require the surrender to it of all driver's licenses then held by the person so convicted, and shall thereupon forward the same, together with a record of such con- viction, to the department. 209. Chauffeur's License. No person shall drive a motor vehicle as a chauffeur upon the public streets.or highways of the Village unless such person shall have secured a chauffeur's license from the Secretary of State of the State of Minnesota, in the man- ner provide by th statutes of this state. O. Chauffeur. The tom "chauffeur," as used in this ordinance, means and includes: 210.1. Every person, including the owner, who operates a motor vehicle while it is in use as a carrier of persons or property for hire; 210.2. Every person who is employed for the principal purpose of operating a pas- senger vehicle; 210.3 Every employee who, in the course of his employment, operates upon the streets or highways a truck, tractor, or truck -tractor belonging to another, with the exception of those light cars classified as trucks which are only used to carry tools, repairs, or light materials used by the driver in his employment, and trucks registered in the "T" class when operated by members of the family of the o=and _ 210.4. Every person Ao drives a school bus transporting school children. .4// ,..".CMG S i/-Z;y Section 300. CARELESS DRIVING — DRIVING UNDER INFLUENCE OF LIQUOR — DRUNKOMETER. 301. Careless Driving Prohibited. Any person who shall operate or halt any vehi- cle upon any street or highway carelessly or heedlessly in disregard of the rights or the safety of others or in a manner so as to endanger or be likely to endanger any per- t e v ,endanger propery is uilt o/ff careless driving. 50 �/ 7302 Responsibility oOWner or`Employer. It is unlawful for the owner, or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a street or highway in any manner contrary to law. 303. Persons Under ,Influence of Drugs or Liquor Prohibited from Driving Vehicles. It is unlawful for any person who is an habitual user of narcotic drugs or any per- son who is under the influence of intoxi- cating liquor or narcotic drugs to drive or operate any vehicle witIVn this V llage. 303.1. Every person who is conecO of driving a vehicle while under the influence of drugs or liquor shall be punished by imprisonment for not less than ten, nor more than 90 days, or by a fine of not less than $10.00, nor more than $100.00. On a sec - and or subsequent conviction he shall be punished by imprisonment for not less than 30, nor more than 90, days or by a fine of not less than $25.00, nor more than $100.00, and his license to drive shall be revoked for not less than 90,days. �,- 304. DrunkometeZr. henever any person operating a motor vehicle shall be arrested and charged with driving said vehicle while under the influence of intoxicating liquor, the officer or person making the arrest may, with the consent of. the arrested person, cause a chemical analysis to be made, of the blood, breath, urine, or other bodily substance of the arrested person in order to determine the amount of alcohol then in such person's blood, and in the event of prosecution for said violation, the amount of alcohol found in defendant's blood at the time of his arrest, as shown by the chemical analysis as aforesaid, shall give rise to the following p esum�tions: _x� 304.1. If there was at the fiime' . 5 per cent or less by weight of alcohol in the de- fendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor; �(_ 30 .�I t e'ret that fime ih excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liq- uor, but such fact may be considered with other competent evidence in determining the guilt r innoce e f th defendant pr time 304.3, sere was at that time 0.1`5 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating. quor. t/ 304.4. he oregoing provisions o this subsection shall not be construed as limiting the introduction of any other competent evi- dence bearing upon the question of whether or not the defendant was under the influ- ence of intoxicating iqu r. I- // ^ J f 304.5. a re usal of f e defen ant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall not be adm�y�'*sible in evidence against him upon trial. =. Section 400. SPEED RESTRICTIONS. 401. Basic Rules. No person shall drive a vehicle on a street or highway at a speed greater than is reasonable and prudent un- der the conditions and having regard to the actual and potential hazards then exist- ing. In every event speed shall be so re- stricted as may be necessary in order to avoid colliding with any person, vehicle, or other conveyance on or entering the high- way in compliance with legal requirements and the duty of all persons to use due care. 402. Speed Limit. No vehicle shall be driven at a speed in excess of 30 miles per hour on any street or highway on which a different speed has not been established by the commissioner of highways under Minne- sota Statutes, Section 169.14, or by ordi- nance. On any street where a different speed has been so established, and signs have been posted calling attention to such zone, no vehicles shall be driven at a speed greater than that indicated on such signs. 403. Impeding Traffic: No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and rea- sonable movement of traffic except when reduced speed is necessary for safe opera- tion ggr in complia ce with law.._ 404. Reduced Speed Require. The driver of every vehicle shall, consistent with the requirements, drive at an appropriate re- duced speed when approaching and cross- ing an intersection or railway grade cross- ing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow Qr winding roadway, and when special hazard exists with respect to pedestrian or other traffic or by reason .of weather or highway or street conditions. 405. Speed in Alleys. No person shall drive a vehicle on any public alley in the Village at a speed greater than is reason- able and prudent under the circumstances, and in no event at a speed greater than ten miles per hour. 406. Speed on Bridges. 406.1. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street or highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such struc- ture is sign -posted as provided in this sec- tion. 406.2. The village engineer may request the commissioner of highways to conduct an investigation of any bridge or other ele- vated structure constituting a part of a street or highway, and if the commissioner shall find thereupon that such structure can- not with safety to itself withstand vehicles traveling at the speed otherwise permis- sible under this ordinance, he shall deter- mine and declare the maximum speed of vehicles which such structure can withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure. 406.3. Upon the trial of any person charged with a violation of this .section, proof of said determination of the maximum speed by the commissioner and the existence of said signs shall constitute conclusive evi- dence of the maximum speed which can be maintained with safety to such bridge or structure. 407. Emergency Vehicles. The speed limi- tations set forth in this section do not apply to authorized emergency vehicles when re- sponding to emergency calls, but the drivers thereof shall sound audible signal by siren and display at least one lighted red light to the front. This provision does not relieve the driver of an authorized emergency ve- hicle from the duty to drive with due regard for the safety of persons using the street, nor does it protect the driver of an au- thorized emergency vehicle from the conse- quence of a reckless disregard of the safety of others. 408. Summons to Specify Speed. In every charge of violation of any speed regulation in this ordinance the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged —51— to have driven, also the speed limit appli- cable within the district or at the location. 409. Burden of Proof. The provisions of this ordinance declaring speed limitation shall not be construed to relieve the plain- tiff in any civil action from the burden of proving negligence on the part of the de- fendant as to the proximate cause of an accident: Section 500. RAILROAD GRADE CROSSINGS. 501. Special Stops at Railroads. When any person driving a vehicle approaches a railroad grade crossing and a clearly visible electric or mechanical signal device gives warning of the immediate approach of a train, the driver of such vehicle shall stop not less than ten feet from the nearest track of such railroad and shall not proceed until he can do so safely. 502. Wait for Trains. The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when the crossing gate is lowered, when a crossing signal is operating, or when a human flag- man gives or continues to give a signal of, the approach or passage of a train. 503. Stop at Signed Railroad Grade Crossings. Wherever street or highway grade crossings of railroads are designated as particularly dangerous by the Railroad and Warehouse Commission or the village council and stop signs are ordered and erected thereat, the driver of any vehicle shall stop within 50 feet, but not less than ten feet, from the nearest track of such grade crossing, and shall proceed only upon exercising due care. 504. Certain Vehicles Must Stop at All Railroad Grade Crossings. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle not less than ten feet from the nearest rail of such railroad and while so stopped shall listen and look in both direc- tions along such track for any approaching train, and for signals indicating the ap- proach of a train, except as hereinafter pro- vided, and shall not proceed until he can do so safely. 504.1. No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed. 504.2. This section shall not apply at street railway grade crossings within a busi- ness or residence district. 505. Slow Moving Equipment at Railroad Grade Crossing. No person shall operate or move any caterpillar tractor, steam shovel, derrick roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section. 505.1. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than ten feet, nor more than 50 feet, from the nearest rail of such rail- way, and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indi- cating the approach of a train; and shall not proceed until the crossing can be made safely. 505.2. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. Section 600. LICENSE NUMBER PLATES. 601. License Plates Displayed. No person shall operate or drive a motor vehicle upon the streets or highways unless such vehicle shall have been registered in accordance with the laws of this state or another state or foreign country, and shall have the num- ber plates for the current year only, as assigned to it by the registrar of motor vehicles, conspicuously displayed thereon in such manner that the view thereof shall not be obstructed. 602. Manner of Display. If the vehicle is a motorcycle, motorcycle sidecar, trailer, or semi -trailer, one such plate shall be dis- played on the rear thereof, if it be any other kind of motor vehicle, one such plate shall be displayed on the front and one on the rear thereof; and such plate or plates shall be securely fastened so as to prevent the same from swinging. 603. Legibility of Plates. It shall be the duty of the person driving the motor ve- hicle to keep said plate or plates legible and unobstructed and free from grease, dust, or other blurring material so that the lettering thereon shall be plainly visible at all times. 604. Unlawful Use of License Plates. No person shall drive, or permit to be driven on the streets or highways, any motor ve- hicle having thereon any license plate or plates not duly registered and issued for the said motor vehicle by the Secretary of State for the State of Minnesota, or any license plates that have not been duly reg- istered and issued by the proper issuing officer of any other state -or foreign country. Section 700. DRIVING RULES. 701. Keep to the Right. Upon all road- ways of sufficient width a vehicle shall be driven upon the right half of the roadway; except as follows: 701.1. When overtaking and passing an- other vehicle proceeding in the same direc- tion under the rules governing such move- ment; 701.2. When the right half of a roadway is closed to traffic -while under construction or repair; 701.3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or 701.4. Upon,o roadway designated and sign -posted for one-way traffic as a one- way roadway. 701.5. The driver of a slow -moving vehicle shall drive the same as closely as possible to the right-hand edge or curb of said high- way, unless it is impracticable to travel on —52— such side of the highway and except when overtaking and passing another vehicle. 702. Meeting. Drivers of vehicles proceed. ing in opposite directions shall pass each each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway, as nearly as possible. 703. Passing. The following rules :shall govern the overtaking and passing of ve- hicles proceeding in the same direction, sub- ject to the limitations, exceptions and spe- cial rules hereinafter stated: 703.1. The driver of a vehicle overtaking another vehicle proceeding in the some direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; 703.2. Except when overtaking and pass- ing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible warning, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 704. Passing on Right. The driver of a vehicle may overtake and pass upon the right of another vehicle only upon the fol- lowing conditions: 704.1. When the vehicle overtaken is making or about to make a left turn; 704.2. Upon a street or highway with un- obstructed pavement not occupied by parked vehicles, of sufficient width for two or more lanes of moving vehicles in each direction; 704.3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the road- way is free from obstructions and of suffi- cient width for two or more lanes of mov- ing vehicles; 704.4. The driver of a vehicle may over- take and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pave- ment or main -traveled portion of the road- way. 705. Limitation on Overtaking and Pass- ing on the Left. No vehicle shall be driven on the left side of the center of a roadway in overtaking and passing another vehicle proceeding in the some direction unless such left side is clearly visible and is free of on- coming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle ap- proaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right- hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction. 705.1. Except on a one-way roadway, no vehicle shall, in overtaking and passing an- other vehicle, or at any other time, be driven to the left half of the roadway un- der the following conditions: 705.2. When approaching the crest of a grade or upon a curve in the street or high- way where the driver's view along the high- way is obstructed within a distance of 700 feet; 705.3. When approaching within 100 feet of any bridge, viaduct, or tunnel or when approaching within 100 feet or traversing any intersection or railroad grade crossing; 705.4. Where official signs are in place prohibiting passing, or a distinctive center line is marked, which distinctive line also so prohibits passing as declared in the manual of traffic control devices adopted by the commissioner. 706. One -Way Traffic: 706.1. Upon a roadway designated and sign -posted for one-way traffic as a one-way roadway, a vehicle shall be driven only in the direction designated; 706.2. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. 707. Mul.iple-Laned Highways. When any roadway has been divided into two or more clearly marked lanes for traffic, the follow- ing rules, in addition to all others consistent herewith, shall apply: 707.1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane un- til the driver has first ascertained that such movement can be made with safety; 707.2. Upon a roadway which is not a one-way roadway and which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclu- sively to traffic moving in the direction the vehicle is proceeding and is sign -posted to give notice of such allocation. The left lane of a three -lane roadway which is not a one-way roadway shall not be used for overtaking and passing another vehicle; 707.3. Official signs may be erected di- recting slow -moving traffic to use a desig- nated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign. 708. Following too Closely: 708.1. The driver of a motor vehicle shall not follow another motor vehicle more close- ly than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the street or highway. 708.2. The driver of any motor vehicle drawing another vehicle, or the driver of any motor truck, when traveling upon a roadway outside of a business or residence district, shall not follow within 150 feet of another vehicle. The provisions of this sec- tion shall not be construed to prevent over- taking and passing nor shall the same ap- ply upon any lane especially designated for use by motor trucks. a,� e // - .i f 709. Divided Highways —Crossovers. Whenever any highway has been divided into two roadways by leaving an interven- ing space or by a physical barrier or clearly indicated dividing section .so constructed as to impede vehicular traffic, or by a double center line, every vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over, across, or within any such dividing space, barrier sec- tion, or double center line, except through an opening in such physical barrier or di- viding section or space or at a crossover or intersection established by public. authority. 710. Turning at Intersections. The driver of a vehicle intending to turn at an inter- section shall do so as follows: 710.1. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway; 710.2. Approach for a left turn on other than one-way roadways shall be made in that portion of the right half of the roadway nearest the center line thereof, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered; 710.3. Approach for a left turn from a two-way roadway into a one-way roadway shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection; 710.4. A left turn from a one-way road- way into a two-way roadway shall be made from the left-hand lane and by passing to the right of the *center. line of the roadway being entered upon leaving the intersection; 710.5. Where both streets or roadways are one-way, both the approach for a left turn and a left turn shall be made as close as proctible to the left-hand curb or edge of the roadway; 710.6 The Village Council may cause markers, buttons, or signs to be placed with- in or adjacent to intersections and thereby .require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as di- rected and required by such markers, but- tons or signs. Sao..'7/0•7 3-1L3—S3 711. "U" Turns, Turning Around. No vehicle shall be turned around. by making a "U" turn upon any street or highway in the Village unless such vehicle shall first proceed to an intersecting street. Provided, however, that a "U" turn at any intersection on any street or highway in this Village where a police officer is stationed, or where a "Stop and Go" or illuminated "Slow" signal, or "School Stop Sign" or "Through Street Stop Sign" or "Danger Corner Stop Sign" or "No 'U' Turn Sign" is located at the intersection is hereby prohibited. No driver shall reverse his direction of travel upon any street or highway by driving or backing a vehicle into an alley or driveway from such street or highway and then back- ing or driving such vehicle out into the same street or highway so that it faces in the direction opposite to the original line of travel. 712. Starting Parked Vehicles. No per- son shall start.a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety, and.after giving an appropriate sig- nal by extending the hand and arm from the left side of the vehicle in the event any other vehicle may be affected by such movement. 713. Coasting Prohibited: 713.1. The driver of ' any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral. 713.2. The driver of a commercial motor vehicle when traveling a down grade shall not coast with the clutch disengaged. 714. Hitching. No person shall hitch a toboggan, hand sled, bicycle or other simi- lar devices onto any motor vehicle, street car, or trackless trolley car while being used on a street or highway: 715. Jumping Rides: 715.1. General Rules. No person shall ride in of jump into or upon any vehicle without the. consent of the driver and no person shall, when riding, allow any part of the body to project beyond the limits of any motor vehicle, except when signaling as hereinafter required, nor shall any per- son board or alight from, nor hang on to any motor vehicle or street car, when such motor vehicle or street car is in motion. 715.2. Exception. This provision shall not apply to any person whose employment makes it necessary to ride in or upon a vehicle otherwise than herein provided, when engaged in the necessary duties of such employment. 716. Passing Street Cars on Left: 716.1. The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any street car proceed- ing in the some direction, whether such street car is actually in motion or tempor- arily at rest, except: 716.2. When so directed by a police officer; 716:3. When upon a one-way street; 716.4. When upon a street where the tracks are so located as to prevent compli- ance with this section; 716.5. The driver of any vehicle when permitted to overtake and pass upon the left of a street car which has stopped for the purpose of receiving or discharging any passenger shall reduce speed and may pro- ceed only upon exercising due caution for pedestrians., and shall accord pedestrians the right-of-way when required by other sections of this ordinance. 717. Stop Behind Street Car. Pedestrians' Right -of -Way: 717.1. The driver of a vehicle overtaking upon the right any street car stopped or obout to stop for the purpose of receiving or discharging any passenger shall stop such vehicle at least ten feet to the rear of —53— the nearest running -board or door of such street car and thereupon remain standing until all passengers have boarded such car or upon alighting have reached a place of safety, except that where a safety zone has been established a vehicle need not be brought to a stop before passing any such street car but may proceed past such car at a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians. The pedestrian going to and from a street car shall have the right of way over all vehicles and motor vehicles. 718. Safety Zone: 718.1. No vehicle shall at any time be driven through a safety zone. 718.2. The Village engineer, for the pur- pose of this ordinance, is hereby authorized to mark pavements and erect signs, Indi- cating the location and extent of safety zones at such places established therefor by the Village Council, to include a strip of roadway adjacent to and parallel with the outer rail of the street car track, four feet wide and as long at the longest street car or street car and trailer. 719. Obedience to Traffic Control Devices. No driver of a vehicle or motorman of a street car or pedestrian, or person riding an animal, or bicycle, shall disobey the instruc- tions of any official traffic -control device, unless at the time otherwise directed by a police officer. t�-3i 720. Passing Schoo Buse«"�`�gy��g 720.1. Stop on Signal. The driver of a r7 � � � vehicle upon a highway outside of a busi- ness or residence district, upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school child or children, shall. stop the vehicle immediately upon the extension of a stop signal arm by the school bus driver and shall remain stopped until the school bus driver retracts the stop signal arm, but may then proceed with due caution for the safety of such children. Every school bus shall be equipped with a stop signal arm which shall be used only when the school bus is stopped on a highway for the purpose of receiving or discharging any school child or children/ z'— ++-.-Z4' IF . Sign on Bus, his section shall be applicable only in the event the school bus shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than six inches in height, which can be removed or covered when the vehicle is not in use as a school bus. 721. Quiet Zones. On any street in the vicinity of any hospital or other institution in which sick or wounded persons are cared for or treated where there is displayed a sign containing the words, "Hospital, Quiet' no person shall make or cause to be made by any person, animal, or object under his control any unnecessary noise by fast driv- ing or riding, ringing of bells, blowing of horns, whistles, or other devices or instru- ments under his control, or in any other way, in such vicinity, so as to disturb the peace, comfort, or quiet of any inmate of such hospital or institution. 722. Glass, Etc., on Street or Highway Prohibited: 722.1. No person shall throw or desposit upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, or any other subject likely to injure any person, animal, or ve icle upon suc eet ot�ighway. 722.2. Any person who drops, or permits to be dropped or thrown, upon any street or highway any injurious or destructive material shall immediately remove the same or cause it to be removed. 722.3. Any person removing a wrecked or damaged vehicle from a street or high- way shall remove any glass or other injuri- ous substance dropped upon the highway from such vehicle. - 723. Obstruction to Driver's View or Con- trol: 723.1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. 723.2. No passenger in a vehicle or street car shall ride in such a position as to inter- fere with the driver's or motorman's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle or street car. 724. Obstructing Traffic. No person shall so drive and.. operate or park a vehicle upon the streets or highways as to need- lessly, unnecessarily, and unwarrantedly block, obstruct, or interfere with the orderly flow of traffic on said streets. Proof that such traffic was blocked, obstructed, or inter- fered with shall be prima facie evidence that such blocking, obstructing, and interfer- ence was needless, unnecessary, and unwar- ranted. 725. Interference with Traffic Control De- vices, Etc. No person shall without authority of the council or the police department, at- tempt to or in fact alter, deface; injure, knock down, or remove ahy official traffic - control device or any railroad sign or signal or any inscription, shield, or insignia there- on, or any other part thereof. 726. Stopping on Walks. No vehicle or street car shall stop on any crosswalk so as to interfere with the passage of pedes- trians, nor shall any vehicle be driven along any sidewalk. Section 800. PEDESTRIANS' RIGHTS AND DUTIES. 801. Subject to Traffic Control Signals. Pedestrians shall be subject to traffic -control signals at intersections, but at all other places pedestrians shall be accorded privi- leges and shall be subject to the restrictions stated in this ordinance. 802. Rights —Where no Signals. Where traffic -control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is travel- ing, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedes- trian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This pro- vision shall not apply under the conditions as otherwise provided in this section. 803. Passing at Crosswalk. When any ve- hicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersec- tion to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not over- take and pass the stopped vehicle. 804. Blind Pedestrians — Right-of-way at Crosswalks. The words "blind pedestrians" or "blind persons" as used in this section shall be construed to be persons wholly blind or so partially blind as to require mechanical, human, or other aid in the use of the streets. 804.1. No person shall carry a white painted cane unless said person is a blind person. 804.2. Any person operating a motor vehicle shall bring such motor vehicle to a stop and give the right of way at any intersection of any street, avenue, alley, or other public highway to a blind person carrying a white painted cane when such blind person enters said intersection by holding out his white cane with the arm extended. 804.3. All blind persons at intersections governed by traffic -control devices shall be subject to the same rules as apply to other pedestrians. 805. To Yield at Other Than Crosswalks. Every pedestrian crossing a roadway at any other point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right -of. way to all vehicles upon the roadway. 806. Overhead or Tunnel Crossing. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. /� 807. Use of Crosswalk. Between adjacentd+""sOe� intersections at which traffic -control signals 3— 363-3'3 are in operation pedestrians shall not cross at any place except in a marked crosswalk. 808. Duty of Care to Pedestrians. Not- withstanding the provisions of this section every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon ob- serving any child or any confused or inca- pacitated person upon the roadway. 809. Use Right Half of Crosswalks. Pedes- trians shall move when practicable upon the' right half of crosswalks. 810. Hitchhiking. No person shall stand in a roadway for the purpose of soliciting rides from the driver of any private vehicle. 811. Walk on Left Side of Roadway. Pedestrians when walking along a roadway shall walk near the left side of the roadway, giving way to oncoming traffic. Where side- walks are provided and usable it shall be —54— unlawful for any pedestrian to walk along and upon an adjacent roadway. 812. Crowding Sidewalks. No person or groups of persons shall assemble or cause others to assemble on any sidewalk so as to obstruct the free Massage of pedestrians thereon or interfere with the use thereof. . 811' School Patrol. No person shall drive a motor vehicle through a column of school children crossing a street or highway or past a member of the school safety patrol, when such member of the school safety patrol is directing the movement of children across a street or highway and while said school safety patrol member is holding his official signal in the stop position. Section 900. RIGHT-OF-WAY. 901. Approaching or Entering Intersec- tion. Unlawful Speed. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a differ- ent street or highway.e9--t. Y-W-TS, 902. When two vehicles enter an inter- ection from different streets or highways I t approximately the same time the driver Hof the vehicle on the left shall yield the right-of-way to the vehicle on the right. \ 903. The foregoing rules are modified at through highways, and otherwise as here- inafter stated in this section. 904. The driver of any vehicle or street car traveling, at an ,unlawful speed shall forfeit any right-of-way which he might otherwise have hereunder. 905. Turning Left at .intersection. The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any..vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard,but the driver, having so yielded and having given a signal when and as required by this ordi- nance, may make such left hand turn, and the drivers of all. other vehicles approach- ing the intersection from the opposite direc- tions shall yield the right-of-way to the vehicle making the left turn. 906..Through Highways. The council may designate through streets or highways and erect stop. signs at specified entrances there- to or may designate any intersection as -a stop intersection and erect. like signs- at one or more entrances to such intersection. With reference to -State Trunk Highways, the council may designate through highway or stop intersections only with the consent oU the.>Cbmmimioner of Highways of the State of Minnesota:- '-906.1. Every driver of a vehicle and every motorman of a street car shall stop at such sign or at a clearly marked stop line before entering an intersection except when di- rected to proceed by a police officer or tra #R c-control signal. ^906.2. The driver of: a vehicle shall stop as required by this ordinance at the en- trance to a through highway and shall yield * the right-of4ay to' other vehicles which -have- entered the intersection from the through highway or which are ap- proaching so closely on the through high-, way as to constitute an immediate hazard, but the driver having so yielded may pro- ceed, and the drivers of all other vehicles approaching the intersection on the through highway shall yield the right-of-way to the vehicles so proceeding into or across the through highway. 906.3. The driver of a vehicle shall like- wise stop in obedience to a stop sign, as required herein, at an intersection where a stop sign is erected at one or more en- trances thereto although not a part of a through highway, and shall proceed cauti- ously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard, but may then proceed. 906.4. The driver of every vehicle or street car on any highway shall bring such vehicle or street car to a complete stop .before crossing or entering upon an inter- secting highway, where and when there is in place on the approaches to or within such intersecting highway any light, sign, standard, or marking upon which appears the 'word_ 'Stop" or the words "Stop, School." 907. Emergency Vehicle: 907.1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and when the driver is giving audible signal 6y siren, the driver of each other, vehicle shall yield the right- of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the street or highway clear of any intersection, and shall stop and remain in this position until such authorized emergency vehicle has passed, except when otherwise directed by a police officer. 907.2. Upon the approach of an author- ized emergency vehicle the motorman of each street car and the operator of each trackless trolley car shall immediately stop such car clear of any intersection and keep it in this position. and keep the doors and gates of the street car or trackless trolley car. ,closed until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. 907.3. This .subdivision -shall not operate to relieve the driver,. of an authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the highways. 908. Following Fire Apparatus. The driv- er of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. 908.1. Crossing Fire Hose. No street car or vehicle shall be driven over any unpro- tected hose of a fire department when laid down on any street, private driveway, or street car track„to be used at any fire or alarm of fire, without the consent of the fire department official in command. 909. Funeral Processions. Whenever any funeral procession identifies itself by using regular lights or markers on all cars and by keeping all cars in close formation, the driver of every other vehicle and "motor- man of any street car, except emergency vehicles, shall yield the right-of-way thereto. Such funeral processions shall have such right-of-way regardless .of. directions indi- cated on traffic -control signals. 9M Stop Before Emerging from Alley, Driveway, or Building.'The driver of a ve- hicle, emerging from on alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley- way or private driveway. After so stopping, he may proceed with caution, but must yield the right-of-way to all moving vehicles upon the street so entered, and may turn either right or left, except where signs or markings have been installed indicating di- rection of turn. 911. Application of Ordinance. The pro- visions of this ordinance relating to the operation of vehicles refer exclusively to the operation of vehicles upon streets or high- ways unless otherwise specified. 912. Obedience to Police Officers. No person shall wilfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with author- ity to direct, control, or regulate traffic. 913. Traffic -Control Signals. When traffic is controlled by traffic -control signals exhi- biting the words "Go," "Caution," 'Stop," or exhibiting different colored lights succes- sively one at a time, or with arrows, the following colors only shall be used, which terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:' 913.1. Green Alone, or "Go." Except when a street car is discharging or loading passengers, vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits the turn; vehicular traffic shall yield the right-of-way to other vehicles and to pedes- trians lawfully within the intersection at the time that signal is exhibited. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. 913.2. Yellow Alone, or "Caution," When Shown Following the Green or "Go" Signal. Vehicular traffic facing the signal is there- by warned that the red or "STOP".signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or "STOP" signal is exhibited. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the road- way, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles. 913.3. Red Alone, or "Stop." Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "GO" is shown alone. No pedestrian facing such signal shall enter the roadway. 913.4. Red with Green Arrow. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by the arrow, but shall —55— yield the right-of-way to pedestrians law- fully within a crosswalk and to other traffic lawfully using the intersection. No pedes- trian facing such signal shall enter the roadway. 913.5. Where an official traffic -control sig- nal is erected and maintained at a place other than an intersection, the provision of this ordinance are applicable.' ? y7,� 913.6. The motorman of any street car shall obey the above signals as applicable to vehicles. 913.7. Pedestrian Signals. When special pedestrian -control signals exhibiting the words "WALK" or "WAIT" are in place such signals shall indicate as follows: Pedes- trian facing a "WALK" signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles. No pedestrian shall start to cross the roadway in the direc- tion of a "WAIT" signal, but any pedestrian who has partially completed his crossing on the "WALK" signal shall proceed to a side- walk or safety. island while the "WAIT" signal is showing. 913.8. Flashing School Signals. Whenever flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows: When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a complete stop at a stop sign. When a yellow lens is illumi- nated by rapid intermittent flashes, drivers of vehicles may proceed through the inter- section or past such signal only with caution. 914. Public Employes, Emergency Vehicles, Street Cars, and Trackless Trolley Cars. The provisions of this ordinance applicable to the drivers of vehicles upon the streets or highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any other state or any county, city, town, district, or any other political subdivision of this state or any other state, subject to such specific excep- tion as are set forth in this ordinance with reference to authorized emergency vehicles. 914.1. The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may pro- ceed cautiously past such red or stop signal or sign after sounding siren and displaying red lights. 914.2. No driver of any authorized emergency vehicle shall assume any special privilege under this ordinance except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violater of the law. 914.3. The provisions of this ordinance shall not apply to persons, teams, motor vehicles, and other equipment while actual- ly engaged in work upon the street or high- way, but shall apply to such persons and vehicles when traveling to or from such work. 914.4. Street cars and trackless trolley cars, except where otherwise specifically provided, shall be governed by the same rules and regulations as provided in this ordinance for vehicles and motor vehicles, only insofar as such regulations apply to speed, stopping at through streets and rail- road tracks, and obeying signals of traffic - control devices and rights -of -way, driving under the influence of drugs or intoxicating liquor, careless driving, and the stopping at the scene of an accident and giving the information as required by this ordinance, and following vehicles too closely, and shall be entitled to the same rights and benefits Of this chapter, as to warning, turning, and stopping signals and rights -of -way, as any vehicle or motor vehicle in the streets and highways of this Villa e. 6-1-, if Section 1000 SIGNALS WHEN REQUIRED. 1001. Changing of Course —Turning from Curb. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as re- quired in this ordinance, turn a vehicle to enter a private road or driveway, turn from the curb, or otherwise turn a vehicle from a direct course or move right or left upon a highway unless and until the move- ment cad be made with reasonable safety, and then only after giving a clearly audible warning by sounding the horn if any pedes- trian may be affected by the movement and after giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by the movement. 1002. Signal to Turn. A signal of inten- tion to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. 1003. Signal —Turning from Curb. The signal of intention to turn from the curb shall be given by extending the hand and arm horizontally from and beyond the left side of the vehicle, except that a signal lamp or device, approved by the Commis- sion, may be used when such signal lamp or device is plainly visible to the driver of any vehicle approaching from the rear of such parked vehicle. 1004. Signal to Stop. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear unless there is good and sufficient rea- son for not being able to do so. 1005. Backing. No person in control of any vehicle shall back said vehicle without ample warning, and while backing, care must be exercised not to injure persons or property, and in no case shall any vehicle be backed around a corner at or into an intersection of streets or highways. 1006. Signaling Methods. The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal device of a type approved by the Commissioner, but when a vehicle is so constructed or loaded that a. hand and arm signal would be visible in normal sun- light, and at night both to the front and rear of such vehicle, then the, signals must be given by such a lamp or device. 1007. Hand Signals. When the signal is given by means of the hand and arm the driver shall indicate his intention to start, stop, or turn by extending the hand and arm from and beyond the left side of the vehicle in the following manner and these signals shall indicate as follows: 1007.1. Left Turn. Hand and arm extend- ed horizontally. 1007.2. Right Turn. Hand and arm ex- tended upward. 1007.3. Stop or Decrease Speed.., Hand and arm extended downward. 1007.4. Turning from Curb. Hand and arm extended horizontally. Section 1100. PARKING. 1101. How to Park. 1101.1. Parallel to Curb. No person shall stand or park a vehicle in a roadway.other than parallel with the edge of the roadway, headed in the direction of traffic, with the curb -side wheels of the vehicle within 12 inches of the edge of the roadway, and not closer than 4 feet to another vehicle parked at the curb. 1101.2. Where No. Curb. Upon streets and highways not having a curb each vehicle stopped or parked shall be stopped or parked parallel with and to the right of and, wherever possible, off of the paved or improved or main traveled part of the street or highway. 1101.3. One -Way Roadway. No person shall stand or parka vehicle on'a one-way roadway except when such vehicle is so parked as to have the front part of such vehicle facing in the same direction on the one-way street as the traffic thereon is per- mitted' to pass. 1101.4. Angle Parking. Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs... 1101.5. Manner of Parking and Right -of - Way. The driver of a vehicle intending to park at the curb of any street or highway at a place about to be vacated by another vehicle shall stop back of said parking space and wait until said vehicle has vacated said parking space. The person so desiring to park shall then move his vehicle to a place immediately in front of said parking space and back into it and the driver of any other vehicle approaching from the rear shall yield the right-of-way to such person for the purpose of parking at said parking space. Provided, that in case there is no one in position immediately in front of said parking space prepared to back into it, and said parking space Is large enough to permit it, the driver of an approaching vehicle may head into said parking space without backing. 1102. Vehicles Back to Curb. No vehicle shall be backed up to thecurbto load or unload except when the weight or bulk of the load necessitates loading or unload- -56— ing in this position, and only for the period of time necessary to so load or unload said vehicle. 1103. Disabled Vehicles. The proyisions of this ordinance relating to stopping, standing, and parking shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and tempo- rarily leaving such disabled vehicle in such position. 1104. Cars for Sale. No person shall place any vehicle on a highway to display the some for sale or exchange. A vehicle shall be deemed to be displayed in viola- tion of this section when found standing upon a street or highway, and bearing a sign indicating that it is for sale or ex- change. 1105. Washing, Greasing, Etc. No per- son shall wash, grease, or repair such vehicle upon a street or highway, except such repairs as are necessitated by an emergency. 1106. Where Not to Park —Stopping or Parking Prohibited in Specified Places. No person shall stop, stand, or park a vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: 1106.1. On a sidewalk or boulevard be- tween sidewalk and roadway; 1106.2. In front of a public or private driveway or alley or within five feet of the intersection of any public or private drive- way or alley with any street or highway; 1106.3; Within an intersection; 1106.4. Within ten feet of a fire hydrant; provided that this does not prevent the parking of taxicabs in taxicab stands estab- lished by the council within ten feet in either direction of a fire hydrant; 1106.5. On a,crosswalk; 1106.6. Within 20 feet of a crosswalk at an intersection; 1106.7. Within 30 feet upon the ap- proach of any flashing school signal, stop sign, traffic control signal, or school sign at the side of a roadway; 1106.8. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a. different length is indicated by signs or markings; 1106.9. Within a designated or marked Street Car or Bus Stop; 1106.10. Within 50 feet of the nearest rail of a railroad crossing; 1106.11. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly sign -posted; 1106.12. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would ob- struct traffic; 1106.13. Along the curb adjacent to any school property from 8 a.m. to 4 p.m. on days when school is in session; 1166.14. Upon any bridge or approach or other elevated structure upon a street or highway or within a street or highway tunnel, except as otherwise provided by ordinance; 1106.15. No person shall move a vehicle not owned by such person into any pro- hibited area or away from a curb such distance as is unlawful; 1106.16. No person shall for camping purposes, leave or park 6 house trailer on or within the limits of any street or high- way or on any street or highway right-of- way, except where signs are erected desig- nating the place as a camp site; 110.6.17. No person shall park a vehicle so as to block a fire escape or the exit from any building; 1106.18. At any place where temporary signs prohibit parking as long as such signs are in place; 1106.19. No person shall stop or -park a vehicle on a street or highway when directed or ordered to' proceed by any peace officer invested by law with author- ity to direct, control, or regulate traffic. 1107. No Parking Zones. No .person shall stop, stand, or park a vehicle, except as otherwise provided or unless directed to do so by a police officer, on any street or highway where the Police Chief or Village Engineer has established a No Parking Zone and such zone is marked by sign or yellow curb; provided, the council shall have authority to rescind the establishment of such zone. 1108. Truck loading Zones: 1108.1. No person shall stop, stand, or park a vehicle, other than a commercial vehicle, in any space established -by the council as a Truck Loading Zone. Commer- cial vehicles shall not be parked in Truck Loading Zones for any.purpose or length of time other than the expeditious unload- ing and delivery or pickup and loading of materials upon any street or highway be- tween the hours of 8 a.m. and 6 p.m., unless otherwise designated, Sundays and legal holidays excepted. In no case shall the stop for loading and unloading of materials exceed 30 minutes. 1109. Passenger Loading Zones. No per- son shall stop, stand, or parka vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place officially desig- nated..and marked as -a Passenger Zone during the . hours when the regulations applicable to such Passenger Zone are effec- tive, and then only for, a period not to exceed three minutes. - 1110. Limited Parking Zones: 1110.1. No person shall park any vehicle for a longer period than is designated on the signs marking such zone in any.Limited Parking Zone established by the Police Chief or Village Engineer, except on Sun- days and legal holidays; provided, the council shall have authority to'rescind the establishment of such zone. 1110.2. Six Hour Parking. No person in charge of any vehicle shall park or permit said vehicle to stand upon any street or highway for more than 6 consecutive hours between the hours of 7 a.m. and 12 p.m., unless otherwise designated on signs erected and installed. 1110.3. Two Hour Parking. No person shall park any vehicle or permit to stand upon any street or highway for. more than 2 consecutive hours between the. hours of 12 p.m. and 7 a.m., except in an emerg- ency or unless otherwise designated on signs erected. and installed. 1110.4. Shifting of Parked Vehicle. For the purpose of the regulations relating to limited parking any vehicle moved a 'dis- tance of not more than two blocks during the limited parking period shall be deemed to' have remained stationary. ` 1111. Parking Meter Zones: 1111.1. No person shall park any vehicle on the streets where parking meters have been installed as authorized by the council except pursuant to the terms and conditions regulating parking on said streets as indi- cated on the parking meter instruction plates or upon signs erected in the area. 1111.2. When any vehicle shall be parked in any space alongside of or next to which a ..parking. meter is located, the operator of said vehicle shall, upon entering the said parking space, immediately deposit or cause to be deposited one or more five -cent coins, ten -cent coins, or twenty-five cent coins of the United States in such parking meter and the said parking space may then be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the part of the street in which said parking space is located. If said vehicle shall remain. in any such park- ing space beyond the parking time limit for such parking space, and the parking meter shall have displayed a sign showing illegal parking, such vehicle shall be con- sidered as parked overtime, and such over parking shall be'a violation of,_this.ordi- nance. I r 1111.3. No person shall deposit or cause to be deposited in the parking meter one or more five -cent coins, ten -cent coins, or twenty-five cent coins for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space adjacent to which said park- ing meter is placed, 11 ] 1.4. No person shall deposit or cause to be deposited in any parking meter any slug; device, or metallic substitute for "a five -cent coin, ten -cent coin, or twenty-five cent coin of the United States. 1111.5. No person shall injure, deface, tamper with, open, or wilfully break, de- stroy, or impair the usefulness of any park- ing meter installed under the provisions of this ordinance, except that a regularly designated employee of the Village -may open said meters for the purpose of repair- ing or making cpllections therefrom. 1111.6. Commercial vehicles may use metered space for loading and unloading merchandise to the abutting premises be- fore the hour of 12:00 o'clock noon, without the 'deposit of a coin in the parking meter' at such space, and such vehicle must load or unload centered as nearly as possible in a single metered space. — 57— 1Ill 1.7. The one or more five -cent coins, ten -cent coins, or twenty-five cent coins re- quired to be deposited as provided herein is hereby levied and assessed as a fee to cover the cost of inspection and regulation, control, and operation involved in the in- spection, installation, operation, control, and use of the parking spaces and parking meters described herein and involved in checking and regulating the parking of vehicles in the areas where parking meters have been installed. 1112. Tampering with Vehicles: 1112.1. No person shall molest any vehicle standing on any highway .without the consent of the owner or driver of such vehicle, nor shall any such person set such vehicle in motion or otherwise damage. or interfere with the same. 1112.2. Provided, however, that when- ever the Village engineer or any of his assistants shall find it necessary, for pur- poses of facilitating street ,maintenance operations, such as the removal of snow, ice, or street wastes, to move any vehicle standing on any highway, said engineer, or assistants, or other emergency officials in the discharge of their duties, are hereby authorized to move such vehicle to the extent necessary for such purposes.. 1113. Removal of Illegally Stopped Ve- hicles. Whenever any police officer finds a vehicle standing upon a street or highway in violation of any of the foregoing provi- sions of this section, such officer is hereby authorized to move such vehicle, or require the driver or other person. in charge of the vehicle to remove the same, to a position off the paved or improved or main traveled part of such street or highway. 1114. Standing with Brakes Set: 1 ] 14.1. No person driving or in charge of a motor vehicle shall permit it to stand unattended on agrade without effectively setting the brakes thereon and turning the front wheels to the curb or side of the highway. 1 ] 14.2. Every person• parking p. passen- ger automobile on a 'public street or alley shall lock the ignition, remove the key, and take the same with him. 1114.3. No person shall at any time leave any motor vehicle standing upon any highway with the wheels chained, locked, or fastened in such a manner that such motor vehicle cannot be easily moved in case of emergency. Locking of a motor vehicle so as to permit the vehicle being moved by hand shall be allowed. 1115. Parking in Public Alleys. Vehicles other than trucks shall not be parked in public alleys, and trucks shall not be so parked for a longer period of time than is necessary to load or unload commodities, and then not to exceed thirty minutes. 1116. Double Parking. Vehicles shall not double park on a street or highway except trucks when calling for or delivering mer- chandise, and when access to the curb at or. immediately adjacent to the place of delivery.. is blocked by other vehicles, and then only for such length of time as may be_necessary to load or unload, such length of time in any event not to exceed fifteen minutes; and no motor vehicle, commercial or pleasure, shall double park in any area designated by the council as a parking meter area. 1117. Standing Horses: 1117.1. Horses attached to vehicles and the shafts of unhitched vehicles when back- ed up to the curb, shall be turned at right angle to the vehicle, or as nearly this angle as possible, and in the direction of traffic. 1 ] 17.2. No horse shall be left unattend- ed on any highway unless securely fas- tened. 1118. Impounding. Any unoccupied ve- hicle found in violation of the provisions of this ordinance may be immediately re- moved and impounded by any police officer or duly authorized person. 1119. "Drive -Yourself' Businesses. Every person .engaging in the business of renting vehicles to persons desiring to drive them themselves, commonly known as "drive - yourself' businesses, shall register with the Villageclerk and the police department the license number of all vehicles which are rented to persons who desire to drive and operate them. In the event any such vehicle shall be found in any place or under any circumstances which constitute a violation of any of the provisions of the traffic ordi- nance, such vehicles shall be impounded, irrespective of whether said vehicle is occu- pied or unoccupied, or damaged. 1120. Using Vehicle for Advertising. No person shall operate or park on any street any vehicle for the primary purpose of ad- vertising, except a special permit be obtain- ed from th ou cil... a242uh 9-111.V•S . II Ly q Section 1200. /Q.t- j (, BUS AND TAXICAB STANDS. 1201. The -driver of a bus or taxicab shall not stand or park upon any street in any business district at any place other than a bus stop or taxicab stand respective- ly, except that this provision shall not pre- vent the driver of. any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. 1202. No person shall stop, stand, or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when. any such stop or stand has been officially designated and appropri- ately sign -posted, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actu- ally engaged in loading or unloading pas- sengers when such stopping does not inter- fere with any bus or taxicab waiting to enter or about to enter such zone. Section 1300. STREET CARS. 1301. Obstructing Traffic. No street . car shall be permitted to stand or lie over on any highway except as, when, and where authorized by the council. 1302. Standing at Terminals. At duly authorized street car line terminals or wyes on any highway, no street cars shall stand parallel with and alongside of each other on adjoining tracks except when loading or unloading but shall so stand as to per- mit the passages of emergency vehicles between them, if necessary. 1303. Gates To Be Kept Closed. The gates of every street car upon a highway shall be kept closed at all times except when receiving or discharging passengers. 1304. Obedience to Signals. The opera- tor of every street car shall obey the direc- tions given by signs, signals, and markings placed and maintained on the highways by authority of the council for the purpose of guiding, informing, warning, or controlling traffic, except as otherwise provided for. (See Section 914.4.) Section 1400. TRUCKS -TRUCK . ROUTES. 1401. Truck Routes. Truck routes may be established and shall be identified by signs or markings erected and maintained by the Village engineer; provided, the establish- ment of such routes shall be subject to review by the council. The word "truck" shall mean and include truck, trailer, and semi -trailer. 1402. Operation of Trucks: 1402.1. When any such Truck Route has been established and identified, any person driving a truck having a gross weight of three tons or more shall drive such truck on such route or routes and none other, except when it is impracticable to do so or where necessary to traverse another street or streets to a destination for the purpose of loading or unloading commodities or for the purpose of towing a disabled or damaged motor vehicle to or from public or private property, and then only by such deviation from the nearest Truck Route as is reason- ably necessary. 1402.2. A truck arriving at the end of any designated Truck Route may be driven over the most direct course to the nearest Truck Route which extends in the same gen- eral direction. 7402.3. The Village engineer shall have the authority, for cause or upon request, to issue temporary permits for trucks to operate over routes not established as Truck Routes, or to otherwise deviate from the provisions of this ordinance. Such ac- tion by the engineer shall be subject to review and modification, or cancellation, by the council. 1402.4. The provisions of this section shall not apply to emergency vehicles of the Police Department, Fire Department, or Health Department, nor to any public util- ity vehicles where actually engaged in the performance of emergency duties necessary to .be performed by said public depart- ments or public utilities, nor to any vehicle owned by or performing work for the United States of America, the State of Minnesota, the University of Minnesota, or the City of Minneapolis. 1402.5. In addition to the general identi- fication by signs or markings of Truck Routes by the Village engineer he shall post at the Village limits, upon all main traffic routes entering the Village signs notifying users of highways entering the Village that trucks are only permitted to be driven upon marked Truck Routes. —58— 1403. Trucks Following Each Other. The driver of any truck or truck tractor shall not follow another truck or truck tractor within one hundred feet, but this shall not be construed to prevent one truck or truck tractor overtaking and passing another. 1404. Unnecessary Noise. Every motor vehicle shall be so maintained, loaded, and operated as to eliminate as far as practic- able all unnecessary and annoying sounds caused by loose, worn, improperly adjusted, or inadequately fastened or connected parts or equipment. Section 1500. WIDTH, HEIGHT, AND LENGTH OF VEHICLES. 1501. Exceeding Limitations Forbidden. No , person shall drive or move and no owner shall cause or knowingly permit to be driven or moved on any street or high- way any vehicle or vehicles of a size or weight exceeding .the limitations stated in this ordinance. 1502. Exceptions to Limitations. The pro- visions of this ordinance governing size, weight, and load shall not apply to fire apparatus, or to implements of husbandry temporarily moved upon a highway, or to loads of loose hay or corn stalks if trans- ported by a horse-drawn vehicle or drawn by a farm tractor, or to a vehicle operated under the terms of a special permit issued as herein provided. 1503. Width of Vehicles. The total out- side width of any vehicle or the load there- on shall not exceed eight feet except as otherwise provided. . 1508.1. The total outside width of a trackless trolley car or passenger motor bus operated exclusively within the Village limits shall not exceed nine feet. 1503.2. The total width of a farm tractor shall not exceed nine feet. 1503.3. The total outside width of loads of forest products when loaded crossways shall not exceed 100 inches, provided the load is securely bound with a chain at- tached to front and rear of the loading platform of. the vehicle and the sides of each load are covered with woven wire securely fastened at front and rear so as to prevent pieces slipping out on either side and so as to hold the load securely in place. 1503.4. Projecting .Load on Passenger Vehicles. No passenger type vehicle shall be operated on any street or highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. 1504. Height of Vehicles. No vehicle un- laden or with load shall exceed a height of 12 feet six 1505. Length of Vehicles: 1505.1. No vehicle shall exceed a length of 68 feet extreme overall dimensions, in- clusive of front and rear bumper. A truck tractor and semi -trailer shall be regarded as one vehicle for the purpose of determin- ing lawful length. 1505.2. No combination of vehicles coup- led together shall consist of more than two units and no such combination of vehicles shall exceed a total length of 68 feet, provided that this limitation as to length, shall not apply to the transportation of telegraph poles, telephone poles, electric light and power poles, or piling, and sub- ject to the following further exceptions: said length limitations shall not apply to vehicles when transporting pipe, or other objects by a public utility when required for emergency or repair of public service facilities or when operated under special permit as provided in this ordinance, but in respect to night transportation every such vehicle and load thereon shall be equipped with a sufficient number of clearance lamps and marker lamps on both side and upon the extreme ends of any projecting load to clearly mark th-e dA'men_sions of such load. 1505.3. The load upon arty vehicle. oper- ated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet beyond the front wheels of such vehicle or the front bumper of such vehicle if it is equipped with such a bumper, nor shall such load extend more than 10 feet to the rear beyond the bed or body of such vehicle, except under the conditons of a special permit issued as herein provided. Section 1600. WEIGHT AND LOAD OF VEHICLES. 7601. Pneumatic Tired Vehicles. No ve- hicle or combination of vehicles equipped with pneumatic tires shall be operated upon the streets or highways: 1601.1. Where the gross weight on any wheel exceeds 9,000 pounds; 1601.2. Where the gross weight on any single axle exceeds 18,000 pounds. 1602. Gross Weight Formula. Except as otherwise provided, no vehicle or combina- tion of vehicles equipped with pneumatic tires shall be operated upon the highway where the total gross weight on any two or more consecutive axles of any vehicle or combination of vehicles exceeds the prod- uct of the coefficient named below multi- plied by the sum of 40 plus the distance in feet between the first and last axles of the group of axles under consideration. A coefficient of 650 shall be used where the distance between the first and last axles of the group of axles under consideration is less than 18 feet, and a coefficient of 750. shall be used where such,distance is 18 feet or over. 1603. Single Axle. A single axle as used in this ordinance is defined as including all wheels whose centers may be included within two parallel transverse vertical_ ��lanes 40 'nches apart c' .? . U 6( �W� 6i r` the ' � 160'4. Weig o r r ers. a unladen weight of any trailer shall not exceed 2,000 pounds, nor shall the gross weight of any house trailer, or any other trailer and the load, exceed 6,000 pounds, except when operated under special permit as provided in this ordinance. 1605. Vehicles Not Equipped with Pneu- matic Tires. A vehicle or combination of vehicles not equipped with pneumatic tires shall be governed by the foregoing pro- visions except that the gross weight limita- tions shall be reduced by 40 per cent. 1606. Weight on Bridges: Subject to the limitations upon wheel and axle loads pre- scribed in this ordinance, the gross weight of any vehicleor combination of vehicles driven 'onto or over a bridge shall not exceed the safe capacity of said bridge, as may be indicated by warning posted on said bridge. The Village engineer shall post allowable gross loads on all bridges except where such allowable loads exceed fifteen tons. 1607. Officers May Weigh and Require Unloading. Any police officer or duly au- thorized person having reason to believe that the weight of a vehicle and load is un- lawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicles be driven to the nearest public scales. For purposes of weighing vehicles shall not be taken a greater distance than two: miles, except in such cases where scales. of suffi- cient capacity are rapt available ye'thin such limits. c.r.o� wlLe�K g //—�`� 1607.1. Whenever, an officer upon weigh- ing a vehicle and load, as above provided, determines that the weight is unlawful, such officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to such limit as permitted under this ordinance. All material "so unloaded shall be cared for by the owner or driver of such vehicle at bh risk of ;uch ownyr Or dr-,y�e1r. 1607.2. Any driver o(a vehrde who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the pro- visions of this ordinance, shall be guilty of a violation of this ordinance. 1608. Special Permits. The Village engi- neer with respect to streets and highways under his jurisdiction may, in his discretion upon application in writing and good cause being shown therefor, issue a special permit in writing authorizing, the applicant to move a vehicle or combination.of vehicles of a size or weight of vehicles or load exceed- ing, the maximum specified in this ordi- nance or otherwise not in conformity with the provisions of this ordinance upon any street orbhighway under his jurisdiction and for the maintenance of which he is respon- sible: 1608.1. The application for any such per- mit shall specifically. describe the vehicle or vehicles and load to be moved and the particular streets or highways for which permiteo souse is requested, and the time of the trip for which such permit is re- quested. 1608.2. The Village engineer is author- ized to issue or withhold such permit at his discretion, or, if such permit is issued, to limit or prescribe conditions of operation of such vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces, or structures," and may require such undertaking -or other security as may be deemed necessary to compensate for any injury to any roadway or road structure. ' //—s l —59-- 1608.3. Every such permit shall be car- ried in the vehicle. or combination of vehi- cles to which it refers and shall be open to inspection by any police office or author- ized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of such special permit. 1608.4. The Village engineer may, in his discretion, issue any permit authorized above for a period not exceeding thirty days. Any such permit shall be subject to revocation at any time by the engineer if he deems it to be in the best interests of the Village to do so. 1609. Seasonal Restrictions —Special Re- striction Signs. The Village engineer may prohibit the operation of vehicles upon any such street or highway or impose re- strictions as to the weight of vehicles to be operated thereon whenever any such street or highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of such vehicles thereon is prohibited or the permissible weights thereof reduced. 1609.1. The Village engineer shall erect or cause to be erected and maintained signs plainly indicating the prohibition or re- striction at each end of that portion of any street or highway affected thereby, and the prohibition or restriction shall not be effective yy,nnless and yntil su h signepre erected. i-R �� § 1609.2. The Village engineer with respect to streets and highways under his juris- diction, may also prohibit the operation of trucks or other commercial vehicles, or may impose limitations as to the weight thereof on designated streets or highways which prohibitions and limitations shall be designated by appropriate signs placed on such streets or highways. 1609.3. All said restrictions shall be ef- fective when and if signs giving notice there- of, are erected upon the streets or highways or portion thereof affected by such action. 1610. Liability for Damage to Street or Highway or Structure. Any person driving any vehicle, object or contrivance upon any street or highway structure shall be liable for all damage which said highway or structure may sustain as a result of any illegal operation, driving, or moving of such vehicle, object, or contrivance, or as a result of operation, driving, or moving any vehicle, object or contrivance weighing in excess of the maximum weight in this ordi- nance but authorized by a special permit issued as provided in this ordinance. 16.10.1. Whenever such driver is not the owner of such vehicle, object, or contrivance but is so operating, driving, or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage. 1610.2. Such damage may be recovered in a civil action brought. by the authorities in control of such street or highway, or street or highway structure. 1611. Tail Gate, Loading Rack, or Parti- tion: 1611.1. No truck shall be operated on any street or highway with gate, loading rack, or partition carried in any manner on any part of the exterior of the truck, unless the top and bottom of such gate, loading rack, or partition is securely at- tached to the truck, so as to prevent swing- ing or becoming loose, except that no such gate, loading rack, or partition shall be carried on the left side of the truck. 1611.2. No truck shall be driven or parked on any highway with tail -gate or tail -board hanging down or projecting from the vehicle except while such vehicle is be- ing loaded or unloaded, and except when a load on the tail -board renders impos- sible the closing of the tail -board. 1612. Leaking Loads. No vehicle shall be driven or moved on any street or highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on any roadway in cleaning or maintaining such roadway. Section 1700. EQUIPMENT 1701. Scope and Effect of Equipment Regulations: 1701.1. It is a violation of this ordinance for any person to drive or for the owner to cause or knowingly permit to be driven on any street or highway any vehicle or combi- nation of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this ordi- nance, or for any person to do any act forbidden or fail to perform any act re- quired under this ordinance. 1701.2. The provisions of this ordinance with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. _ 1702. Vehicle Lighting: 1702.1. Every vehicle operating upon a street or highway at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street or highway at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter re- spectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. 1702.2. When requirement is hereinafter declared as to the distance from which certain lamps and devices shall render ob- jects visible or within which such lamps. or devices shall be visible, these provisions shall apply during the time stated in this ordinance upon a straight, level, unlighted street or highway under normal atmos- pheric conditions unless a different time or condition is expressly stated and unless otherwise specified, the location of lamps and devices shall refer to the centers of such lamps or devices. 1703. Head Lamps on Motor Vehicles: 1703.1. Every motor vehicle, other than a motorcycle, shall be equipped with two head lamps, no more, no -less, one on each side of the front of 'the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this ordinance. 1703.2. Every motorcycle shall be equip- ped with at least one and not more than two head lamps, which shall comply with the requirements and limitations as set forth in this ordinance. 1704. Rear Lamps and Reflectors: 1704.1. Every motor vehicle' and every vehicle which is being drawn- at the end of a train of vehicles shall be equipped with a lighted rear lamp, exhibiting a red light plainly visible from a distance of 500 feet to the rear. No person shall sell or operate any new motor vehicle, trailer, or serni- trailer unless the rear lamp thereon is mounted and located on the rear within 20 inches from the extreme left edge and not less than 24 inches nor more than 60 inches from the surface upon which the vehicle stands unless the use or construc- tion of the vehicle would make such loca- tion impracticable. 1704.2. Rear License Plate To Be Illumi- nated. Either such rear lamp, or separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it legible from a distance of 50 feet to the rear. Any rear lamp or rear lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to -be lighted whenever the head -lamps or auxil- iary driving lamps are lighted. 1704.3. Reflector. Each new motor vehi- cle trailer, or semi -trailer, sold, and each such vehicle operated on a street or high- way,. shall carry at the rear either as a part of the rear lamp or separately, a reflector. This reflector shall be of a type approved by the Commissioner and shall be mounted as close as is practicable to the extreme left edge of the vehicle at a height not more than 60, nor less than 24, inches above the surface upon which the vehicle stands. Each such reflector shall be so designed and maintained as to be visible at night from all distances within 300 to 50 feet from the vehicle, except that on a commercial vehicle the reflector shall be visible from all distances within 500 to '50 feet from the vehicle, when directly in front of a motor vehicle displaying lawfully lighted head lamps. 1705. Clearance and Marker Lamps: 1705.1. Every motor vehicle or motor - drawn vehicle designed or used for the transportation of property, or for the trans- portation of passengers for compensation, shall display lighted lamps, as required in this ordinance. 1705.2. Every such vehicle having a width, including load thereon, at any .part in excess of 80 inches shall be equipped with four clearance lamps, two located on the front at opposite sides and not. more than six inches from the extreme outer edge of the vehicle or load, displaying a white or amber light visible from a distance —60— of 500 feet to the front of the vehicle, and two located on the rear on opposite sides not more than six inches from the extreme outer edge of the vehicle or load, display- ing a red light visible from a distance of 500 feet to the rear of the vehicle. The front clearance lamps shall be located at a height of not less than 24 inches above the head lamp centers. The rear clearance lamps shall be in addition to the red rear lamp hereinbefore required. 1705.3. Every such vehicle or combina- tion of such vehicles which exceeds 30 feet in overall length shall be equipped with at least four side marker lamps, one on each side near the front and one on each side near the rear. Such lamps shall be at a height of not less than 24 inches above the surface upon which the vehicle stands. The lamps near the front shall display a white or amber light and lamps near the rear shall display a red light, each visible from a distance of 500 feet to the side of the vehicle on which it is located. If the clearance lamps on the right and left sides of the vehicle, as hereinbefore required, display lights visible from a distance of 500 feet at right angles to the right and left side, respectively, of the vehicle, they shall be deemed to meet the requirements as to marker lamps, provided an addi- tional marker lamp, white or amber, is displayed approximately midway between the above specified marker lamps. 1706. Lamp or Flag on Projecting Load. When the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be dis- played at the extreme rear end of the load, at the times when lighted lamps on vehicles are required in this ordinance, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear.. The light or lantern required un- der this ordinance shall be in addition to the rear light required upon every vehicle. At any time when no lights are required there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 16 inches square. 1707. Lights on Parked Vehicles: 1707.1. Whenever a vehicle is parked or stopped upon a street or highway or shoulder adjacent thereto during the hours between one-half hour after sunset and one-half hour before sunrise, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of 500 feet to the rear, except that no lights need be displayed upon a vehicle when stopped or parked upon a street or highway where there is sufficient light to clearly reveal any person or object within a distance of 500 feet upon the str t o hi wa �Y,e, . p -ate 1707.2. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. 1708. Lamps or Reflectors on All Vehicles. At the times when lighted lamps on vehicles are required, each vehicle including an, animal -drawn vehicle, and any vehicle speci- fically excepted in this ordinance with re- spect to equipment and not hereinbefore specifically required to be equipped with lamps, shall be equipped with one or more lighted lamps or lanterns projecting a white light visible from a distance of 500 feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear, except that reflectors meeting the maximum requirements of this ordinance may be used in lieu of the lights required in this ordinance. It shall be unlawful to project a white light to the rear of any such vehicle while traveling on any street or highway. 1709. Spot Lamps and Auxiliary Driving Lamps: 1709.1. Any motor vehicle may be equip- ped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed on the road surface to the left of the center of the vehicle, nor more than 100 feet ahead of the vehicle upon which such lamps are mounted. 1709.2. Any motor vehicle may be equip- ped with not to exceed four auxiliary lamps mounted on the front at a height of not more than 42, nor less than 12, inches above the level surface upon which the vehicle stands, and every such auxiliary lamp or lamps shall meet the requirements and limitation set forth in this ordinance. 1710. Vehicle Signals: 1710.1. Stop Lamp. Any vehicle may be equipped and when required under this ordinance, shall be equipped with a stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service (foot) brake and which may, but need not be, incorpo- rated with a tail lamp and which shall be plainly visible and understandable from a distance of 100 feet to the rear during normal sunlight and at night. No person shall sell or offer for sale any new motor vehicle or drive such motor vehicle on the streets or highways unless it is equipped with a stop lamp meeting the requirements of this ordinance. 1710.2. Turn Signal. Any vehicle may be equipped, and when required under this ordinance shall be equipped, with a lamp or lamps or mechanical signal device of such color as may be approved by the Commissioner and capable of clearly in- dicating any intention to turn either to the right or to the left and shall be visible and understandable during both daytime and nighttime from a distance of 700 feet both to the front and rear. No person shall sell or offer for sale any new motor vehicle, excepting motorcycles, motor scooters, and bicycles with motor attached, unless it is equipped with turn signals meeting the requirements of this ordinance. 1710.3. Maintenance. When a vehicle is equipped with stop lamps or signal lamps, such lamps shall at all times be maintained in good working condition. No stop lamps or signal lamp shall project a glaring or dazzling light. All mechanical signal devices shall be self -illuminated when in use at the times when lighted lamps on vehicles are required. 1711. Identification Lamps. Any vehicle or combination of vehicles having a width including load thereon at any part in excess tf 80 inches or which exceeds 30 feet in over-all length may be equipped with identification lamps on the front displaying three amber or white lights and identifica- tion lamps on, the rear displaying three red lights, and when so equipped the lights in each such group shall be evenly spaced not less than six, nor more than 12, inches apart, along a horizontal, line as near to the top of the vehicle as practicable, and these lights should be visible from a dis- tance of 500 feet to the front and rear, respectively, of the vehicle. 1712. Fender Lamps, Running Board Lamps, and Back -Up Lamps: 1712.1. Any vehicle may be equipped with not more than two side cowl or fender lamps, one on each side, which shall emit a white light without glare. _ 1712.2. Any vehicle may be equipped with not more than one running -board courtesy lamp on each side thereof, which shall emit a white or yellow light without glare. 1712.3. Any vehicle may be equipped with a back-up lamp, either separately or in combination with another lamp, except that no such back-up lamp shall be con- tinuously lighted when the vehicle is in forward motion, nor shall it project a glar- ing light. 1713. Prohibited Lights: 1713.1. "Bright tights. Any lighted lamp or illuminating device upon a motor vehicle, other than a head lamp, a spot lamp, or an auxiliary driving lamp, which projects a beam of light of an intensity greater than 300-candle power, shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle. 1713.2. Colored Lights. Unless otherwise authorized by the Commissioner, no vehicle shall be equipped, nor shall any person drive or move any vehicle or equipment upon any highway with any lamp or device displaying a red light or any coloredlight other than those required or permitted in this ordinance. 1713.3. Flashing Lights. Flashing lights are prohibited on vehicles, except on an authorized emergency vehicle or as a means for indicating a -turn on any vehicle, -or flashing blue lights as a means of identi- fication and a warning on road mainten- ance equipment, or flashing red signals on a school bus. 1713.4. Blue Lights. Blue lights are pro- hibited_ on all vehicles except road main- tenance' equipment. 1714.. Distribution of Light. Except as hereinafter provided, the head lamps, or the auxiliary driving lamps, or combinations thereof, on motor vehicles shall be 'so or - ranged that the driver may select at will between distributions of light projected to different elevations, subject to the follow- ing requirements and limitations: —61 — 1714.1. There .shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350.feet ahead for all conditions of loading; 1714.2. There shall be a lowermost dis- tribution of light, or composite beam, so aimed that when the vehicle is fully loaded none of the high intensity portion of the beam shall project higher than a level which is five inches below the level of the center of the lamps from which it comes at a distagce of 25 fee z ahead; 1714.3. All road lighting, beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance 4f t Ie t 100 feet ieac • � } 1714.:430n all road lighting equipment manufactured and installed on. and after January 1, 1938, means shall be provided for indicating to the driver which b am is being_ used. r��t ,Q g-j 1715. Use of Multiple Beam Lamps —De- pressing. The lowermost distribution of light or socalled lower beam shall be used exclusively on all motor vehicles while be- ing operated within the platted areas of the Village. 171'6. Single Beam Lights. Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to January 1, 1938, in lieu of multiple -beam road light- ing equipment herein specified if the single distribution of light complies with the fol- lowing requirements and limitations: 1716.1. The head lamps shall be so aimed that when the vehicle is fully loaded none of the high intensity portion of the lamp beam rises above a horizontal plane passing 'through . the head lamp centers parallel to the level surface upon . which the vehicle stands, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 and more feet ahead; 1716.2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet. 1717. Number of Lamps = Maximum Candle Power: 1717.1. At all times when lighted lamps on vehicles are required in this ordinance, at least two lighted head lamps shall be displayed, one on each side at the front of every motor vehicle, other than a motor- cycle; provided, that under adverse we conditions two lighted auxiliary lamps, one on each side at the front of the vehicle, may be used in lieu of two lighted head lamps, except when such vehicle Is parked subject to the regulations governing lights on parked vehicles. 1717.2. When a motor vehicle equipped with head lamps, as , herein required, is also equipped with any auxiliary lamps, spot lamps, or any other lamps on the front thereof projecting a beam of intensity greater than 300 candle power, not more than a total of four of any -such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. 7717.3. The maximum beam candle pow- er from any combination of lamps used at any time for road lighting shall not exceed that authorized by the Commissioner. 1718. Only Approved Lamps or Devices To Be Sold or Used: 1718.1. No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a vehicle, trailer, or semi -trailer or use upon any such vehicle any head lamp, auxiliary driving lamp, rear lamp, signal lamp, spot lamp, clearance lamp, marker lamp or reflector or parts of any of the foregoing, unless of a type which has been submitted to the Commissioner of Highways and approved by him. 1718.2. No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a vehicle, trailer or semi -trailer any lamp or device men- tioned in this section which has been ap- proved by the Commissioner of Highways unless such lamp or device bears thereon the trademark or name under which it is approved .so as to be legible when in- stalled. 1718.3. No person shall use upon any vehicle, trailer or semi -trailer any lamps mentioned in this section unless said lamps are equipped with bulbs of a type -.ap- proved by the Commissioner of Highways having a rated candle power and are mounted and adjusted as to focus and aim in accordance with instructions of the Com- missioner of Highways. 1719. Brakes: 1719.1. Motor Vehicles. Every motor ve- hicle, other than a motorcycle, when oper- ated upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at. least two wheels. 1719.2. Motorcycles and Bicycles. Every motorcycle, and bicycle with motor attached, when operated upon a street or highway, shall be equipped with at least one brake, which may be operated by hand or foot. 1719.3. Trailers and Semi -Trailers. Every trailer, or other vehicle of a gross weight of 1,500 pounds or more, when drawn or pulled upon a highway, shall be equipped with brakes adequate to control the move- ment of and to stop and to hold such vehicle, and so designated as to be applied by the driver of a towing motor -vehicle from its cab, excepting trailers owned by farmers when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, and except custom service vehicles drawn by motor vehicles equipped with brakes capable of stopping both vehicles with four wheel brakes, and except trailers or semi -trailers when used by retail dealers delivering implements of husbandry, provided the gross weight of such trailer or semi -trailer when drawn by a pleasure vehicle shall .not exceed 3,000 pounds, or when drawn by a truck or tractor shall not exceed 6;000-pounds, and except disabled vehicles being towed a�glate of rep, I. 1Cl-719.4. Service Brakes on"AllWheels. Every new motor vehicle, trailer,'or semi- irailer, hereafter sold and operated upon Me streets or highways, shall 'be equipped With service brakes upon all wheels of every such vehicle, except any motorcycle and except that any semi -trailer of less than 1,000 pounds grass weight need not be equipped with., brakes; provided, that a third wheel, of a swivel type, on a . house trailg need not be q!ippeo with brakes. �1720. Brake Stoppipg .Distances: . 1720.1. The service brakes upon any motor vehicle or combination of `vehicles shall be adequate to Stop such vehicle -or vehicles when travefing'20 rail& per.'fiour, within a distance of'30 feet when 1upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one per cent. .11720.2. Under the above conditions the hand -brake or parking brake shall be adequate to stop such vehicle or vehicles within a distance of 55 feet, which hand- brake or parking brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which operated. 1720.3. Under the above conditions the service brakes upon a motor vehicle equip- ped with two -wheel brakes only, and when permitted hereunder, shall be adequate to stop the vehicle within a distance of.40 feet and the hand -brake or parking brake adequate to stop the- vehicle within a dis- tance of 55 feet. 1720.4. All braking distances specified in this ordinance shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this ordinance. .1720.5. All brakes shall be maintained in, good working order and shall be so adjusted as to operate as equally as prac- ticable with respect to the wheels on oppo- site sides of the vehicle: 1721. Horns and Warning Devices,'. — Si.rens Prohibited: -.. 1721.1. Every motor vehicle when oper- ated upon a street or highway shall be equipped with a horn in good working or- der and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an un- reasonably loud or harsh sound or 'a whistle. The driver of a motor'Vehide shall, when reasonably necessary to insure 'safe operation, give audible' warning with his horn, but shall 'not otherwise use such horn upon a street or highway. 1721.2. No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell except as otherwise permitted in this ordinance. It is permissible, but not required, that any commercial vehicle.,be equipped with a theft alarm signal device which is so ar- ranged that it cannot be used by the driver as an ordinary warning signal. All author- ized emergency -vehicles shall be equipped —62— with a siren capable of emitting sound audi- ble under normal conditions from a distance of not less than 500 feet and of a type approved by the Commissioner, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of such vehicle shall sound the siren when necessary Jo:warn pedestrians and other drivers of the approach thereof. 1722, Mufflers. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant opera- tion to prevent excessive or unusual noise, and no person shall use a muffler cutout, by-pass, or similar device upon a motor vehicle on a street or highway. Every motor vehicle shall at all times be equipped with such parts and equipment so arranged and kept in such state of repair as to prevent carbon monoxide gas from enterin the interior of the veftiele.�� X i T23 R ai Vie�wl -Mirrors. Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the street or highway for a distance of at least 200 feet to the rear of such vehicle. 1724. Windshields, to be Unobstructed — Wipers: 1724.1. No person shall drive or operate any motor vehicle with a windshield cracked or discolored to an extent to limit or ob- struct proper vision, or with any sign, poster, or other non -transparent material upon the front windshield, sidewings, side or rear windows of such vehicle, other than a certi- ficate or other paper required o be so:' displayed by law. GZ7r-�- z// T 1724.2. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. 1724.3. No person shall drive any motor vehicle with the windshield, front side win- dows, or rear window covered with steam, frost, snow, or dirt to such an extent as to prevent proper vision. 1725. Television. No television screen shall be installed or used in any motor ve- hicle at any point forward of the back of the driver's seat, or which is visible to the driver while operating the motor vehicle. 1726. Tire, Cleat, and Track Restrictions: 1726.1. Every solid rubber tire on a ve- hicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. 1726.2. No person shall operate or move on any street or highway any motor vehicle, trailer or, semi -trailer, having any metal tire in contact with the roadway, except in case of emergency. 1726.3. No tire on a vehicle moved on a street or highway shall have on its periphery .any block, stud, flange, cleat, or spike, or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuber- ances which will not injure the street or highway and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. 1726.4. The Village engineer may, in his discretion, issue special permits authorizing the operation upon a street or highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the opera- tion ofwhich upon a street or highway would otherwise be prohibited under this ordinance. 1727. Speedometers on Trucks. No motor truck or tractor shall be operated on any street or highway unless equipped with a speedometer of standard make and in good working order, or in lieu thereof a governor properly sealed and so adjusted as to limit the speed to the maximum rate allowed for motor trucks or tractors. 1728. Bumpers. All motor vehicles shall be equipped with front and rear bumpers or with front bumpers and with rear reflectors, as herein provided, and all trailers and semi -trailers weighing more than 1,500 pounds shall be equipped with rear bump- ers or with rear reflectors, as herein pro- vided. Such bumpers shall be securely at- tached to the frame thereof, and shall ex- tend beyond the the extreme front and rear points, respectively, of such vehicles. The center point of such bumpers shall be not more than 20, nor less than 14, inches from the ground whenthe vehicle is unloaded, provided that two rigid cross -bars may be attached to any bumper to extend it so that it will reach into a point withip the requ1jed heig� hofrorr� thee ground 1729. Safety Glass. 1729.1. Required. No person shall sell any new motor vehicle, nor shall any new motor vehicle be registered unless the vehicle is equipped with safety glass where - ever glass is used in doors, windows, and windshields. 1729.2. Definition. Safety glass means any product composed of glass, or other material, as may be approved by the Com- missioner as safety grass. 1729.3. Replacements. All glass replace- ments in doors, windows, and windshields or partitions of motor vehicles shall be made with materials meeting the requirements of this ordinance for safety glass if glass is used therefor. 1729.4. Other Material Prohibited. No glazing material or glass other than of a type meeting the requirements of this ordi- nance shall be sold, offered for sale, offered for use, or used for installation in doors, windows, or windshields of motor vehicles or of passenger -carrying trailers or semi- trailers. . 1729.5. Frostshields. Nothing in this ordi- nance shall be construed to include frost - shields. 1730. Flares and Flags. 1730.1. Three Flares. No person shall operate any passenger bus, motor truck, or truck tractor upon a street or highway out- side of a business or residence district at any time from a half hour after sunset to a half hour before sunrise, unless there shall be carried in such vehicle at least three flares, three red electric lanterns, or three portable red reflector devices, each of which shall be capable of being seen and dis- tinguished at a distance of 500 feet under normal atmospheric conditions at night - times. 1730.2. Inflammable Liquids. No person shall at any time operate a motor vehicle transporting inflammable liquids in bulk or compressed inflammable gases as cargo or part of cargo upon a street or highway unless it carries three electric lanterns or three portable reflector units to be used in lieu of flares, and no open burning flares shall be carried on or placed adjacent to such vehicle. 1730.3. Three Flags. No person shall operate any motor truck, truck tractor, or bus upon a street or highway outside of a business or residence district unless there shall be carried in such vehicle at least three red, yellow, or orange flags not less than 12 inches square which shall be dis- played at any time from one-half hour be- fore sunrise to one-half hour after sunset under circumstances which would require the use of warning lights at night and in the manner and position governing the use of warning lights as hereinafter provided. 1730.4. Approved Type. Every flare, lan- tern, signal, or reflector required in this ordinance shall be of a type approved by the Commissioner. 1730.5. When Used. When any motor truck, or truck tractor or bus is disabled upon a street or highway during the period when lighted lamps must be displayed on vehicles and such motor vehicle cannot im- mediately be removed from the main travel- ed portion of a street or highway outside of a business district, the driver or other person in charge of the vehicle shall prompt- ly cause flares, lanterns, or other signals to be lighted and placed as warning lights upon the highway, one at a distance of approximately 100 feet in advance of the vehicle, one at a distance of approximately 100 feet to the rear of the vehicle, and the third upon the traffic side of the vehicle, approximately 10 feet rearward or forward thereof. 1731. Explosives. Any person operating any vehicle transporting any explosives as a cargo or part of a cargo upon a street or highway shall at all times comply with the provisions of 'this ordinance. The vehicle shall be marked or placarded on each side and the rear with the word "Explosives" in letters not less than eight inches high, and shall be equipped with fire -extinguishers of a type and number approved by the Com- missioner, filled and ready for immediate use and placed at a convenient point on the vehicle so used. 1732. Towed Vehicles. 1732.1. Connections. When one vehicle is towing another the drawbar or other con- nection shall be of sufficient strength to pull all weight towed thereby and said drawbar or other connection shall not ex- ceed 15 feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipes, machin- ery, or other objects of structural nature which cannot readily be dismembered. —63— 17k.2. Warning Flag. When one vehicle is towing another and the connection con- sists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than 12 inches square. 1732.2. Safety Hitches. Every trailer or semi -trailer shall be hitched to the motor vehicle furnishing the tractor power for it by a device approved by the Commissioner as safe and shall be equipped with a sepa- rate chain, cable, or other device which shall be securely attached to the rear axle or frame of the traction vehicle and to said trailer or semi -trailer separate from and in addition to the regular hitch �Section 1800. ACCIDENTS., , 1801. Injury to Person — Driver to Stop: 1801.1. The driver . of any vehicle in- volved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible, but shall then return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of this ordinance as to the giving of information. The stop shall be made without unnecessarily ob- structing traffic. 1801.2. Any persons failing to stop or to comply with these requirements under such circumstances shall, upon conviction, be punished by imprisonment: for not less than ten, nor more than 90, days, or by a fine of not less than $10, nor more than $100. 1802. Damage to Attended Vehicle — Driver to Stop. The driver of any vehicle involved in an.accident to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, but shall forthwith return to, and in every event shall remain at, the scene of the accident until he has fulfilled the requirements of this ordinance as to the giving of information. Every such stop shall be made without obstructing traffic more than is necessary. 1803. Driver to Give Information. The driver of any vehicle involved in an acci- dent resulting in injury to or death of any person, or damage to any vehicle which is driven or attended by any person, shall stop and give his name, address, and the regi- stration number of the vehicle he is driving, and shall upon request and if available, exhibit his driver's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render reasonable assistance to any person injured in such accident. 1804. Collision with Unattended Vehicle. The driver of any vehicle which collides with and damages any vehicle which is unat- tended shall immediately stop and either locate and notify the driver or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, shall report the same to the Police Department, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking. 1805. Accident with Fixtures Upon a Street or Highway. The driver of any vehi- cle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a street or highway shall take reason- able steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall, upon request and -if available, exhibit his driver's or chauffeur's license, and make report of such accident when and as required by the provisions of this ordinance. 1806. Accident Report to Commissioner. The driver of a vehicle involved in an acci- dent resulting in injury to or death of any person or total property damage to an apparent extent of $50 or more, shall promptly forward a written report of the accident to the Commissioner. 1807. Notify Police of Personal Injury. The driver of a vehicle involved in an acci- dent resulting in injury to or death of any person shall, after compliance with the provisions of this ordinance, by the quickest means of communication, give notice of such accident to the Police Department. 1808. Officers to Report Accident to the Commissioner. Every law enforcement officer who, in the regular course of duty, investi- gates a motor vehicle accident of which report must be made as required in this ordinance, either at the time of and at the scene of the accident or thereafter by in-. terviewing participants or witnesses, shall within 24 hours after completing such in- vestigation, forward a written report of such accident to the Commissioner. 1809. Use of Form Required. Every acci- dent report required to be made in writing shall be made on the appropriate form approved by the Commissioner and shall contain all of the information required therein unless not available and shall con- tain sufficiently detailed information to dis. close the causes, conditions then existing, and the persons and vehicles involved. 1810. Garages to Report. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall immediately report to the police department and to the Commissioner within 24 hours after such motor vehicle is received, giving the engine number, registra- tion number, and the name and address of the owner or operator of such vehicle. 1811. Reports Confidential: 1811.1. All required accident reports and supplemental reports shall be without preju- dice to the individual so reporting and shall be for the confidential use of the police department for accident prevention --pur- poses, except that the police department shall, upon request of any person involved in an accident or upon request of the representatives of his estate, disclose to such person, the representative of his estate, or legal counsel, the names and addresses of the driver and all other persons involved in an accident, the name and address of any witnesses to the accident, the name and address of any -officer who has investi- gated the accident, the license of any motor vehicle involved therein, and the date and place of the accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the police department shall furnish upon the demand of any person who has, or claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the police department solely to prove a compliance or a failure to comply with the require- ments that such report be made to the police department. Disclosing any informa- tion contained in any accident report, except as provided herein, is unlawful and a violation of this ordinance. 1811.2. Nothing herein shall be con- strued to prevent any person who has made a report pursuant to this ordinance from testifying in any trial, civil or criminal, arising out of an accident, as to facts within his knowledge. It is intended by this ordinance to render privileged the reports required but it is not intended to prohibit proof of the facts to which such reports relate. Legally qualified newspaper publi- cations shall upon request to a law en- forcement agency be given an oral state- ment covering only the time and place of the accident, the names and addresses of the parties involved, and a general state- ment as to how the accident happened without attempting to fix liability upon anyone, but said legally qualified news- paper publications shall not be given access to the hereinbefore mentioned confidential reports, nor shall any such statements or information so orally given be used as evidence in any court proceedings, but shall merely be used for the purpose of a proper publication of the news. Section 1900. BICYCLES. 1901. Traffic Rules Apply: 1901.1. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except these pro- visions which by their nature can have no application. 1901.2. Every person riding or propelling a bicycle upon any public street, highway or sidewalk shall observe all traffic rules and regulations applicable thereto, and shall turn only at intersections, signal for all turns, ride at the right hand side of the street or highway, pass to left when pass- ing overtaken vehicles that are slower moving and shall pass to the right when meeting, and shall. observe all traffic signals and stop at all stop signs. 1902. Duffy of Careful Operation. No person shall ride or propel a bicycle upon a public street, highway or sidewalk except in a prudent and careful manner and unless such person shall be capable of efficient control and operation of such bicycle, and no bicycle shall be ridden faster than is reasonable and proper, but every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets and other public highways. —64— 1903. Manner and Number Riding: 1903.1. A person propelling a bicycle shall. not ride other than upon or astride a permanent and regular seat attached thereto. 1903.2. No. bicycle shall be used to carry more persons at one time than the number for which it is designed an equipped. 1904. Hitching Rides. No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any street car or vehicle upon a roadway. 1905. Where to Ride: 1905.1. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a stand- ing vehicle or one proceeding in the same direction. 1905.2. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of road- ways set aside for the exclusive use of bicycles. 1905.3. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. 1905.4. No person shall ride a bicycle upon a sidewalk within a business district. 1906. Pedestrian Right -of -Way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right- of-way to any pedestrian and shall give audible signal before overtaking and pass- ing such pedestrian. 1907. Carrying Articles. No person oper- ating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars. 1908. Lighting Equipment. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red re- flector attached to and visible from the rear of such bicycle for a distance of not less than 200 feet of a type approved by the Commissioner. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the rod reflector. G= :.2.wz- t� 1909. Curfew to Apply. No person under the age of 16 years shall ride or propel a bicycle upon any street, highway or side- walk at night after the hour of 9:30 p.m. 1910. Brake Equipment. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. Section 2000. ENFORCEMENT. 2001. Duty of Police Department. It shall be the duty of the chief of police, except as otherwise provided, to enforce all the regulations and requirements of this ordi- nance. 2002. Unauthorized Traffic Regulatians. No unauthorized person shall regulate or attempt to regulate traffic upon the high- ways. 2003. Unauthorized. Signs, Signals and Markings: 2003.1. No person shall place, maintain of display upon or in view of any street or highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device -or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness. of any official traffic -control device or any railroad sign or signal and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic signal or signal bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection upon pri- vate property adjacent to streets or high- ways of signs giving useful directional in- formation and of a type that cannot be mistaken for official signs. 2003.2. Every such prohibited sign, sig- nal, or marking is hereby declared to be a public nuisance and the Village engineer's department is hereby empowered to re- move the same or cause it to be removed without notice. 2004. Defacing Signs. No person shall deface, injure, knock down, or remove any sign, marker, signal or light placed or posted as provided in this ordinance. 2005. Traffic Lights. The use of red, green or amber lights on the highways for adver- tising or for signalling purposes, except as provided in this ordinance, is prohibited. 2006. Animal or Animal -Drawn Vehicle. Every person riding an animal, or driving any animal drawing a vehicle upon a road- way shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions of this ordi- nance which by their nature can have no application. Section 2100. ARREST PROCEDURE. 2101. Notification Slips in Lieu of Arrest. Whenever so provided by law or rules of municipal court, in lieu of taking any per- son into custody for violation of any pro- vision of this ordinance, a police officer may serve a written notice upon such per- son to appear before the municipal court on or before a date and time fixed in said notice, and in the manner provided by municipal court rules. The notice shall con. tain the name and address of the person arrested, his driver's license or chauffeur's license number, the license number of the vehicle involved, and the offense charged. No person upon whom a written notice has been served in the manner provided for in this section for violation of any pro- vision of this ordinance shall fail to appear before the municipal court on or before the date and time fixed in said notice, and in the mannerprovided by municipal court rules. Any person who wilfully refuses to 'give his name and address in accordance with this section, or who gives a,folse name or address, shall be guilty of a violation of this ordinance, regardless of ,the offense with .which he was originally charged. 2101.1. The arrested person, in order to Secure release- as 'provided- in this section, must give his written promise so to appear by signing in duplicate The written notice prepared by the arresting officer. The orig- inal of said notice shall be retained by said officer and the copy thereof delivered to the person arrested. Thereupon, said officer shall forthwith release the person arrested from custody. 2102. Notification Slips for Parked Ve- hicles. Whenever any motor vehicle without an operator is found parked in violation of any of the parking restrictions of this ordi- nance, the police officer finding it shall take its registration number and any other in- formation displayed on the vehicle which may identify its user, and affix conspicu- ously to such vehicle a written notice for the operator to appear before the municipal court on or before a date and time fixed in said notice. 2103. Form and Information on Notifi- cation Slips. Every notice shall be made out on a triplicate form, and shall indicate in addition to the information called for in Section 2101 of this ordinance, the time, date and nature of violation. 2104. Disposition and Auditing of Notifi- cation Slips. 2104.1. The police officer serving the written notice provided for in this section shall deliver one copy of such notice to the person violating any provision of this ordi- nance, or affix the said copy in a promi- nent place on or within the vehicle, one copy of such notice to the chief of police, and one copy to the clerk of municipal court. 2104.2. The triplicate notice form herein - before referred to shall be identified by a separate serial number for each notice and shall be furnished to the chief of police by the village clerk. Said village clerk shall audit all accounts, records, files and papers of said chief of police and said clerk of municipal court, at stated periods, relating to said notices, cash statements and dis- position of cases of violation of the pro- visions of this ordinance. Said village clerk shall furnish to the council monthly reports of the number of violations, warrants, ap- peals, cancellations and receipts. 2105. Procedure Herein Prescribed Not Exclusive. The foregoing provisions of this article shall govern all police officers in making arrests without a warrant for vio- lations of this ordinance for offenses com- mitted in their presence, but the procedure prescribed herein shall not otherwise be —65— exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of. like grade. Section 2200. PARTIES TO AND EFFECT OF VIOLATIONS. 2201. Aiding and Abetting Violations. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act de- clared herein to be an offense, whether individually or in connection with one or C�4. %Zo. I S �2 more persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fradulently, forcibly, or wilfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this ordinance is likewise guilty of such offense. 2202. Record of Conviction Not Admis- sible in Civil Action. No record of the con- viction of any person for any violation of this ordinance shall be admissible as evi- dence in any court in any civil action. 2203. Effect of Conviction for Traffic Vio- lation. The conviction of a person upon a charge of violating any provisions of this ordinance shall not affect or impair the credibility of such person as a witness in any civil or criminal proceedings. 2204. Violation as Evidence of Negli- gence. In all civil actions, a violation of any of the provisions of this ordinance by either or any of the parties to such action or actions shall not be negligence per se but shall be prima facie evidence of negli- gence only. — 66 — N OitiU i L'JC:; LI a v l?1.dG 010T ,)?;,t; i �" NO <. J 9_'. . 1J Ii.-( Ul.,,Tl;`IG HrPhi `UICL OF i:TJOItS 1N C RTA.IN I` 'Ci' UURLIG CERTAIN VO HCUL,), DEF.II`IING T.HL OUTIL-3 CF f'AR-14TS U10 OTH,LRS ':Xf11 RSY::13T '1r, f: NOlt�) AND :'ROVIDi_''u FOR '1I 5 F�'lY. VIOLA TION Tll�:—RXF ,11E; VILTAGE COUNCIL OF' THE VI.LLAGE OF _DLIA., ;i"'iJi, ,>07..A Section 1;, It shall be unlawful for any person under the age of 3.4 years to be on or present in an"T public street., avenue, alley, park or other public place in the Village of udina between the hours of 9:30 P.L. and 5:00 ceclock A 1:-1. of the follotri.ng day, official village ttme, unless accompanied by his or, her parent t or guardian, or person having lawful custody and control of his or her person, or unlesr thera exists a reasonable necessity therefor, The fact thz..t said child., unaccompanied by parent, guardian, or other person ha,jing legal. ct; stody, is :found upon any street., alley or public place after 9- 30 P.1I : or before ; :00 og e'lock A .'N. of the following day, shall be prima facie evidence thatsaid child is there unlawfully and that no reasonable excuse e_...isLs therefor„ �3ection 2„ It shall be unlawful f-or any person under the age of 8 years and over the a&i of 14 yeors to loiter.. loaf or idle on or about any public street, avenue, alley park or other public: place in the Village of Edina between the hours of 9::iID P.M, and 5:00 o4clock A.L. of the following day, official village time `3ecticn 3. It shall be unlawful for any parent, guardian or other person having the 1= wful care` cu:_,tody or control of any person under the age of 18 years to allow or permit such person to violate the provisions of ,ection. 1 and 2, ;ecti<n 4,, It shall be unlawful for any parson, firm or corporation operating or in charge o ° any place of amusement, ent.ertairmlent or refreshment, or other place of business, tc permit any manor under the age of 18 yearc� to loiter, loaf or idle .i.n such place during the hours prohibited by this ordinance. This c rdinarzie shall not be construed as permitting the presence at any t:+rue of any person under t1he age of 18 yea:.rs in any place where hi-s presence is now proh.ilited by any existing law or ordinance,, td'heneuer the owner or person in charge or in control of any place of amusement; entertainment,, refreshment, or other place of business shall find persons under the ale of 'W years loitering, loafing or idling in such placee of business, tie shall imnied:iately order such person to leave and if such person refuses to leave the s1:.id pl.i.ce of business, tche operator shall_ immediately notify the police department and inform them os the violation Secti_ n 5., any member of the pol<..ce force is authorized to arrest with or without warrant;, any person or persons violating tide provisions of 3ectiorks 1, 2,3, and 4 o-C this ordinance„ and any child unaccompanied by parent, guardian or other adit.lt person having the lawful care and custody of said e:inor child, Section 6. zany person violating any of the provisions of this ordinance shall,, upon ::onvict ion, be punished by a fine not. exceeding �100.00 or by imprisonment. in thrr 1•torki-touse of said Vi1.'age for a. period riot exceeding 90 days, aecticn 7� Phis Jrdrnance shall be in effect from and after its passage and publication according to law;, Adopted this 14t.h day of January, 1957. +TTEEST': l S:'s.gned) G�iETCHEN S., :ILDE�II (Signed�i ;Lt7'H(1R C 13b:.fD:� hZ�l, Jet:, 9 Ii:lYOc. C.I_.t.;Rl . • CEDDI-INCE NO. 191_-2 All ORI.QLUICZ Al-U-21DIIIG THE TRAFF-rC CRDINANCE OF Thff r , VILLAGE, OF EDINA BY ADDINIG NW PROVBIONS Tllem- . AS TC R111110VAL OF PARMD VEHICLES TO FORM-071 SNOW PL07-JING COUIV,011, CTII THE VILLAGE VILLPGEb OF -.4"DJITIA ORDIITNS: Section 1, There '-or-b-,:, .added to Oydinai-4,c.1 INo. 191. Of Village (traffic and parkas.; ordi-na'-sl cell an -J subsection, rs Folio,-js-. "U21. Removing V hicles for Snow Plow -fja-v�'— - � Lq lim- No P,4rson shall park or standing any vehicle on any street in the Village aftor -:,, snowfall, of at least 11 inches in degLh im il after the snow from such street' has been removed or planed to the cul•b line. In case any vehicles we parked or left stand -.-ze, on n 11 . 11 - ';he sty-eet i violation of his section, they may be r.,-m szr., u by or Lxid(-,r the direction, of wiy police officer or V-`,21 Ss employee after such officer or employee has att,—aipted to notify the ov-Pner to remove such vehicle, and it Iris not been removed.. In case such car is removed, by or at -::he direction of the Village, the expense of such reanaval Tnay be charged against the o-;,,mer of the vehicle, The removal of the car by or under the direction of the V:Magn sholl not prevent Prosecution under the ord.iii.,knce.11 Section 2. This ordinmice shall be in effect from and aVco-r its passage odd publ.-Leation according to law. Adopted this 24th day of `--'eptcr:)er, (XI'TEST - P . `�_REUBF-N F� i;`U01Q0N (SiM.ed) GREMEN S. ALLIZI Village Clerk I Is OPUNI RICE all. 1911-3 k.; (I` J:GTAIICF TO PIM1110` E ND OPT .Pt.. v'.ATE ?,011 ; AND AND PAtT4EIG LOC1131 `i"HE' VILILA.G.,, OND Il 'T?2ZI)ING 01RDITITI.jIM I'm,. 1.91 THE V1LA_AG-E, Cr.-��d,'�.. i.� it ,' _'. , _a�!1.:: t,(. r_ _ �..f.. _.',tilVjd�.q Zvi ��lr�.Li�Ts��. to read follow a "dd`'y�:; M;c.,vr Scet:1 I :Z i�,:y ;h'J ': 111r�L• Apt ." Ca riGZ! tf? �'ri V'�i.'f� : i�3'% J?$..:,:''�.0 Al.�.. prC.l"v� '�� L�`2.S _ c o3.' this t7X`(?mLince L-t^pp ice:iblo to pee st!`iar.,S o:0 the d i' oi—s of vehicles Or bicycles upon the stX; ,et ,, hig,r* r.ys, O:c= sidcVa- :Ucs Of '.1e Vi 1. -190 shall apply except w.'1he; e c.le'; rly +a?a pl r-able to nedestri ins and the drivers of vehicles and bicycles on private roads and c-rivesrays of the Village" ix-;1uding of i » .Tie-�st-street harking areas �r car adjacent to Coimurdity Store, Clmrriier c1.a , Regional yhiopp_in,' 3 id. o€?1oYi; .. 1'odi.cal Bisti''�ct,. The V:Lliage; I:ar� hex a,-,- :ix'L`m time ';o tiiiie esta;la"Iis'I the maxaj,.„xrj sPocos at r ii.c;s7 5re ..c? 09 a -TIC OicGycles may be driven in such off - the -street )arid.,,.? ix:t:'as�c,3 Such speed, l?_7!ats. iQcsY -Teary from parkilif, t raaa to parld-r-g area amC. shall be based on the rccui.rrment;, of safety in the parkin . , areas affeci,e,d. Each ._,',::.ah speed 11,i4_1 L shall be estr:bli si'7.ed in writing, Filed viilh the Vi.11=ag Cl rk and ohall bacoiae effecti,,e .:is an absolute speed liput on being siC.X<-posted at each entrance to the parking, area affected t iere:b;j ,zid no person shall dri_-,m a vehicle or bicycle on -. <ch paring Lni--ea, at speed in F<'tCOS3 thereof." Section 2. This o:cc n4,rc shr,1.1 be _�.:? force .,md effect fro?:, a.i2d `after its passage and pu' l.iccazi_nn CCC:?t"'i1 3: to .ici'v.o '-dopt.e:d tiii.S FSth Clay of October, 1956. �ii��' r' �_""; .,nod) G?�,v1 u. AIS; sN Village Clerk (Signed) R.,,UBaT F. I :? C :;. ._� ON Prc4-;yor iblished in Edina-T,:Tc2.,niri€;si€ e Courior. Sepll—cmber la and 18, J.956.o El ORDTNAXE NO. 191-4 AN ORDINANCE AMENDING THE TRAFFIC ORDINANCE OF THE VILLAGE OF EDINA SO AS TO CONFORM TO THE_STATUTES OF T_HE v,jL OF MINNESOTA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: ec on_1. Section 101 of Ordinance No. 191 is hereby amended to read as follows "101. Authorized Emergency Vehicles any of the following vehicles when equipped and identified according to laws (1) a vehicle of the fire department: (2) a publicly owned police vehicle or a privately owned vehicle used by a police officer for police viork under agreement, express or implied, with the Village; (3) an ambulance, whether publicly or privately owned; (4) an emergency vehicle of a municipal department or a public service corporation*" Section 2, Section 142 of Ordinance No. 191 is hereby amended to read as follow ✓ "142. Roadway: that portion of a street or highway improved, designL-d, or ordinarily used for vehicular travel. In the event a street or highway includes two or more separate roadways the term 'roadway' as used herein shall refer to any such roadway separately but not to all such roadways collectively." ✓ Section 3. Ordinance No, 191 is hereby amended by adding thereto a new Section 158, as followss "158. Hug Deflector: a non— illuminated, transparent device attached to the hood of a rotor vehicle so as to deflect the air stream." • ✓ Section 4. Ordinance No. 191 is hereby amended by adding thereto a new Section 159, as follows: "159. Farm Truck: all single unit trucks, tractors, and trailers used by the owner thereof to transport agricultural horticul.--oral, dairy, and other farm products, including live- stock produced, or furnished by the oviner of the truck, and any other personal property owned by the fanner to whom the license for such truck is issued, from the farm to market, and to trans- port property and supplies to the farm of the owner; also, single unit trucks which, because of their construction, cannot be used for any other purpose and are exclusively to trans- port milk any cream enroute from f Rd assembly point or place for final manufacture, and for transporting milk and cream from an assembly point to a point for final processing or manu- facture." Section„5. Ordinance No. 191 is hereby amended by adding thereto a new Section 160, as follows: � "160. First Aid Equipment: equipment for the purpose of rendering first aid to sick or injured persons as prescribed by the State Highway Department for its highway patrol vehicles, t�ucf L%uipment to include materials for the application of splints to fractures,." Section 6* Ordinance No. 191 is hereby amended by adding thereto a new Section 161, as follows: V "161. Patrol Motcr Vehicles: shall, mean the motor vehicles used in law enforcement of the police department of the Village.. ection 7. Ordinance No. 111 is hereby amended by adding thereto a nsw Section 162, as fol owss V "162. Wreckers a motor vehicle having a gross vehicle weight of 8,000 pounds or more, equipped with a crane and winch and further equipped to control the movement os" the towed vehicle,,." Section 8 Ordinance No, 191 is hereby amended by adding thereto �3 n'?�"section. 202..7, as 5(?31c�4��tc 202.7. Any person over 21 years of age who becomes a .resi- dent of the State of Minnesota and who hazxin his possession a valid driver's license issued to hi.m under and`pursuent to the laves of some other state or province or by military authorities of the United States may operate a motor vehicle as a driver, only for a period of not more than 60 days after becomeng a resident of this state, without being required to have a Minnesota driver's licensed" SectLgn_9P Ordinance No, 191 is hereby amended by adding thereto a newr"'tion 204,'7, as follows a "204.7. To use a .false or fictitious name 3n any application for a drivers license,, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise com it a fraud in any such application." ;action 10.. Section 209 of Ordinance fie. 191 is hereby amencied tc read a follows s "2M. Chauffeur"s License:, No person shall drive a motor vehicle as a chauffeur upon the public streets or highways of the Village unless he be licensed by the Secretary of State of the State of Minnesota, ms provided by the statutes of this states except that a non-resident chauffeur, licensed under the provisions ;f the lets of the country, state, territory, province or district of his residence, operating such motor vehicle temporarily within this state not more than 60 days in any one year, and while having in his immediate poasession the license assigned to hir., as such chauffeur its the country, state, territory, province or district of his resi- dence, shall be exe ,)t from such license requirements" Secticn 11: section 2 00.3 of Ordinance No, 19.1 is hereby amended to read followas 11210,3, Every E=pleyee who, in the course of his employment, operates upon the streets ov highways a truck, tractor or truck - tractor, belonging to another, except employees who, in the course of their eM. loyment, operate upon the streets or highways light trucks classified as pickups, }panels and sedan deliveries WAch are used only to carry tools, repairs, light materials and equip- ment used by the driver in '-ne furtherance of some other and principal occupation, crawler tractors, form and industrial wheel type tractors, self -loading motor scrapers, front and ioadera, motor graders, crawler mounted construction equipment, and farm trucks as defined by Secticn 159 of this ordinance, operated by the owner or an Immediate member of his family or an employee not primarily for the purpose of operating the farm t.ncck." Section 12. Ordinance No, 191 is hereby amended by adding thq:retc ,%new Section 2113 as follows: 0211, School Bus Drivers, Licenses,. No person shall drive a school bus unless he has first obtained a school bus driver's license fron the Secretary of State of the State of Minnesota." Sec ion 13, Section 301 of Ordinance No: 191 is hereby amended to =ead as ollorass 301. Reckless or Careless Dr3vingo !/ "301a1. Any person who drivos any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons ox property is guilty of reckless driving, end vich "ckl ss driving is a misdpmenor.'" "30I.2Any person convicted of reckless driving shall be punished upon a first conviction by imprisonment for not less than tan days or by a fine of not less than $10 and, upon a second or. 5gibsequent conviction; by imprisonment fox not less than 30 days or by a fine of not less than g25,, G2.- V "301.3. No person shall operate or halt any vehicle upon any street or highway carelessly or heedlessly in disregard of the rights or the safety of otne.rs, or in a manner so as to endanger, or be likely to endanger, any person or property*" etion 14, Section 303 of Ordinance No. 191 is hereby amended to read as fSXr.rowss 11303. Motor 'Vehicle Drivers Under influence of Drugs or Alcoholic $everage�, It shall, be unlawful and punishable as pro- vided in this section for any of the following persons to drive, operate or be in actual physical control of any vehicle within this 'Villeges (a) a person who is under the influence of an alcoholic beverage or narcotic drug; (b) a person ohr.:is an habitual user of narcotic drugs; (c) a person who is under the influence of a combination of any two or more of the elements na-med in subsections (a) and (b) hereof,," Section _15_, Section 3O&l of Ordinance No. 191 Is hereby amended to read �,s followss 11303.1. Every person who is convicted of a violation of this section shall be punished by imprisonment of nct less than ten days nor more than 90 days, or by a fine of not less than $10 nor more than $100, and his driver's license shall be revoked for not less than 30 days, except that every person Who is convicted of a viola- tion of this section, when such violation is found to be the proxi- mate cause of grievcu bod,ly injury or death to another person, ,3hall be punished by imprisonment for not leas than 60 days none more than 90 days and his driver's license shall be revoked for not leas than 90 days, . "Every person who is convicted of a violation of this section within three years of any previous conviction under this section shall be punished by imprisonment for not less than ten days nore more than 90 days, and his driver's license shall be revoked for not less then 90 days,. ".lhenever a person is charged with a violation of This section within three years of a previous conviction hereunder, and he shall forfeit hit, ball, it shall be the duty of the prosecuting attorney to ci!vnediately apply to the court for a bench Warranty and tbereupon the court shall forthwith Issue a warrant for the arrest of the accused" Section 16. Section 304 of Ordi.nance No. 191 is hereby amended to read as fol lowa s t,,�1104. Evidence of .Dri Ang Under the Influence of Alcohol. Upon the trial of any prosecution arising out of acts alleged to have been conyritted by any person arrested for driving, operating, or in actual physical control of a motor vehicle while under the influence of an alcoholic beverage, the court may admit evidance of the amount of alcohol in the person's blood taken voluntarily within two hours of the time of the offense as shmvn by a medical or chemical analysis of hip, breath, blood, urine or saliva." S®ction l7t. Section 304_,1 of Ordinance Not 191 is hereby amended to read as followsc 44•:1 For the purposes of this sections (a) evidence that there wras at the time 0.05 percent. or less by weight of alcohol in the person"s blood is prima facie evidence that such person was not under the influence of an, alcoholic beverage; (b) evidence that there was at the time more then 0.05 percent. and .less than 0,15 percent by weight of alcohol in the person's blood is relevant Evidence -3- but it is no'i: to i^e given prima facie effect in in- dicating whether or not the person was under the influence of an alcoholic beverage; (c) evidence that there was at the time 0.15 percent or more by weight of alcohol in the person's blood may be admitted as prima facie evidence that the person was under the influence of an alcoholic beverage. Section 18. Sections 304.2 and 304.3 of Ordinance No. 191 are hereby repealed. readSection 19. Section 304.4 of Ordinance No. 191 is hereby amended to follows? 11304.4. The foregoing provisions shall not be construed as limiting the introduction of any other con-petent evidence bearing upon file question whether or not such person was under the in- fluence of an alcoholic beverage. For the purposes of this section, an°alcoholic beverage' means any liquid containing core than one- half of one percent of alcohol by volume.,°' Section 20, Ordinance No. 191 is hereby amended by adding thereto nee; Sections 3509 351 and 352, as follcvss Section 350. Juveniles. 51. Operation by Minors Limited. Any juvenile under the ege cf 17 is prohibited from driving a motor vehicle upon any public street or highway between the hours of 12s00 Ulidnight and 5:00 A.M., unless accompanied by an adult or in the case of emergency. " 2. Violations. Every juvenile v�ho violates Section 351 of this ordinance shall have his driver's license suspended for 30 days. Upon a second violation he shall have his driver's license suspended for 60 days. Upon a subsequent violation of Section 351, such juvenile shall have his driver's License revoked until he reaches the age of 17. After his 17th birthday, such juvenile may again apply for a driver's license. Section 21. Section 403 of Ordinance No* 191 is hereby amended to read as olloils a "403. Impeding Traffic. No person shall drive a motor vehicle at such a slow speed as to impede or block the ,normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with lain. It shall be unlawful to drive a motor vehicle at a speed less than the minimum established by order of the Commissioner upon any portion of any street or highway appropriately posted with reasonable and adequate signs stating an esta fished minimum speed." ry/ Section 22. Section 708.2 or Ordinance No. 191 is hereby amended to read as followss 11708.2. The driver of any motor vehicle drawing another vehicle, or the driver of any motor trucic, when traveling upon a roadway outside of a business or residence district, shall not follow within 500 feet of another vehicle. The provisions of this section shall not be construed to prevent overtaking and passing, nor shall the same apply upon any lane specially designated for use by ,motor trucks." Section 23. Section 720.1 or Ordinance No. 191 is hereby amended to re�s followsY "720.1. Stop on Signal. The driver of a vehicle upon a street or highs}ay9 upon meeting or overtaking from front or rear any school bus .iiich is stopped on the street or highway for the purpose of rec- ceiving or discharging any school child or children, shall stop the vehicle immediately upon the extension of a stop signal arm and a dis- play of Bashing red signals by the school bus driver and shall remain stopped until the school bus driver retracts the stop signal arm and -c1,.. extinguis,hos the flashing red signals. Evory school bus shall be actuated in a manner, approved by the State Board of Education one Commissioner of highways, which shall be used only Vihen the school bus has stopped on a *treat or highway for the purpose of receiving or discharging any school child or children. Section 2_4. Section 720.2 of Ordinance No. 191 is hereby renumbered Section 720.5. Section 25. Section 720 of Ordinance No. 191 is hereby amended by adding thereto a nel:;► Section 720a2, as follows: 11720.2. The driver of a school bus shalt not use or extend she stop signal arse and flashing red signals in the built-up areas of the Village where passengers are to be loaded or unloaded from. a curb or sidowalk or in special bus loading areas, except that the stop signal arm and flashing red signals shall be used on the streets which are not provided with curbs or sidewalks, or where the twidth of the roadway is so restricted, obstructed or in such condition that the school bus vaist stop on a traveled lane or lanes of the roadway." Section 26. Section 720 of Ordinance Noe 191 is hereby amended by adding 4-koroto a news Section 720g3, as follows a ►/ 0720t3. School Children Crossings Where school children rxlat cross the road be-Loxe boarding of ai:ter being discharged from the bus, the driver of a school bus or a school bus patrol may supervise such crossings, making use of the standard school patrol flag or signals as approved and prescribed by the Commissioner." Sect on_27._ Section 720 of Ordinance No. 191 is hereby amended by adding thexato a new Section 720.4, as foli owss �/ 11720.4. Divided roadways. The driver of a vehicle upon a street or highway with divided roadways need not stop upon meeting or passing a school bus which is upon a different roadway." Section 28. Section 722.1 of Ordinance No. 191 is hereby amended to read a follows: 7"722.1. No person shall throe=J or deposit upon any street or high- way any glass bottle, glass, nails, 'Clacks, wire, cans, or any other substance likely to injure any person, an:Lmal or vehicle upon such street or highway or upon any public or privately owned land adjacent -thereto without the owner's consent. section 29_. Section 901 of Ordinance No. 191 is hereby .trended to read as fgllovjsg "901. Approaching Unc)ntrolled intersection. When taro vehicles enter an uncontrolled intersection from different streets or highways at a. =- oximately the same Line the driver of the vehicle on the left shall yield the right -of --,,Jay to the vehicle on -the right." Section 30. Section 902) of Ordinance No. 191 is hereby repealed. Section Olt Section 913.5 of Ordinance No. 191 is hereby amended to read a�s follo-as s V 11913.5. In the event an official traffic -control signal is erected and maintained at a place other than an intersection the Provisions of these sections are applicable except those .�.,hich can have no application. Any stop required shall be made at a sign or marking on the pavement indicat-ing where the stop shall be made, but in the absence of any such sign or marking the stop shalt be :wade at the signal." e ,, aSti,,,,tc n 32. Ordinance No. 191 is hereby amended by adding thereto a new SYt"915# ion 915, as follows: Yield Right of flay Sign. The driver of a vehicle approach- ing a Y?EID RIGU OF WAY sign shall slow to a speed that is reasonable for conditions of traffic and visibility, and stop if nocessaxy, and yield the right of way to all vehicles on the intersection, street or highway Vnich are so dose a5 to constitute an irmediata hazard.t3 -5- 0 • • Section 33a Section 1504 of Ordinance No. 191 is hereby amended to r ead as follows: ~� 111504. Height of Vehicles. No vehicle unladen or with load shall exceed a height of 12 feet six inches, except that the height of unenclosed transport carriers used exclusively for hauling motor vehicles shall not exceed 13 feet six inches when loaded." Section 34. Section 1505.2 of Ordinance No. 191 is hereby amended to read follovs: 111505.2, Length of Combination. No combination of vehicles coupled together unladen or with load, including truck trailers and semitrailers shall consist of more than two units and no such com- bination of vehicles shall exceed a total length of 50 feet, provided that this limitation shall not apply to the transportation of tele- graph poles, telephone poles, electrical light and power poles or piling, and subject to the following further exceptions: Said length limitations shall not apply to (a) vehicles when transporting pipe, or other objects by a public utility uhen required for emergency or repair of public service facilities or when operated under special Permits as provided in this section, but in respect to night transportation every such vehicle and the load thereon shall be equipped with a vxfficient number of clearance lamps and marker lamps on both sides and upon the extreme ends of any projecting load to clearly mark the dimensions of such load; (b) house trailers or mobile homes t-rhen coupled with a motor vehicle, but such combination shall not exceed 55 feet in length The village may issue permits authorizing the transportation of combinations of vehicles exceeding the lir, tations herein contained over highways, roads or streets within its boundaries." Section 35. Section 1602 of Ordinance No. 191 is hereby amended to read as folloviss ' /;"1602. No vehicle or combination of vehicles equipped with pnar:atic tires shall be operated upon the highways of this state where the total gross weight on any group of two or more consecutive axles of any vehicle or combination of vehicles exceeds that given in the following table for '_he distance between the centers of the first and last axles of any group of two or more consecutive axles under consideration; the distance between axles being measured longi- tudinally to the nearest even foot, and when the measurement is a fraction of exactly one-half foot the next largest ewhole number in feet shall be used, except that when the distance between axles is more than three feet four inches and less than three feet six inches the distance of four feet shall be used: (See Next Page for Table) -6- • 0 r� stance in greet maxim up. (jross Distance in feet Maximum V'Bet,ween First and Weight in Between first and Weight in Last Axles of Any Pounds Allowed Last Axles of Any Pounds A1lomeed on Any Group Groups -on . A _ Group -- 4 32.000 24 5350 5 325000 25 549200 6 32,000 26 55,400 7 329000 . 27 56,600 8 33,000 28 57,800 9 349000 29 59,000 10 35,000 30 609000 11 35,000 31 61,000 12 37,000 32 629000 13 399000 33 639000 14 413,000 34 649000 15 42,200 35 65,000 16 439400 36 66,000 17 44,600 37 679000 18 459800 38 689000 19 479000 39 695000 20 499200 40 7090M 21 49,400 41 71,000 22 509600 42 729000 23 519800 43 or more 72s500 "No four consecutive axles on a five axle combination of vehicles shall exceed 60,000 pounds. "in all cases where gross weights in an amount less than in this subdivision set forth are fixed, limited or restricted on any highway or bridge by or pursuant to any other section of this ordinance such lesser gross weight as so fixed. limited or restricted shall not be exceeded and in such case shall control instead of the gross weights in this subdivision set forth." Section.36. Section 1603 of Ordinance Igo. 191 is hereby amended by adding ,hereto new Sections 1603a.1. 1.603s2 and 1603„3, as followst �/"1603.1. When all the axles of a vehicle or a combination of vehicles are weighed separately the sum of the weights of the axles so weighed shall be evidence of the total gross weight of the vehicle or cg&ination of vehicles so weighed. "1603.2. When each of the axles of any group that contains two or more consecutive axles of a vehicle or combination of vehicles have been weighed separately the sum of the weights of the axles so weighed shall be evidence of the total gross weight or, the group of axles/so Weighed. V114116M3 3. t!Akn,in any group of three or more consecutive axles of a vehicle or combination of vehicles any axles have been Neighed separately and two or more axles consecutive to each other in said group have been weighed together, the sum of the Nights of the axles weighed separately and the axles weighed together shall be evidence of the total gross weight of the group of axles so weighed," Section 37. Section 1607 of Ordinance Nov .191 is hereby amended to read as follows% 160'7. weighing. Any police officer having reason to believe the the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales, and may require that such vehicle be driven to the nearest public scales in the event such scales are within five miles." Section 38, Section 1607.1 of Ordinance No. 191 is hereby amended to read a follows: �'1607.1, When an officers upon weighing a vehicle and load, as above provided, determines that the eight on any axle exceeds the lawful gross weight as provided above by 2,000 pounds or more, or -7- when the weight of any group of two or rnore consecutive axles in caves where the distance between the cente: , of the first and last axles of the group exceeds the 18wful gross weight prescribed above by 4,000 pounds or more and in a?1 cases When -che weight is unlawful on any axle or group of consecutive axles on any road restricted in accordance Lvith Section 1609 of this ordinance, he may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to re- duce the gross weight of Stich vehicle tc such limit as pez+,nitted under this ordinance. Ali material so unloaded shall be cared for by the owner or driver of such vehicle at the risk of such ovrnor or driver." S_ectiog_39,, Section 160&,2 of Ordinance No,, 191 is hereby amended to read as follow t "160E:,2. The Village engineer is authorized to issue or withhold such permit at his discretion; or, if such permit is issued, to limit or prescribe conditions of operation of such vehicle or vehiclesy when necessary to assure against undue damage to the road foundations, sur- faces or structures, and may require such undertaking or otho.r security as may be deemed necessary Lo ccnipensate for any injury or damage to any roadiamy or road structure and in addition may require that the Operator or owner of such vehicle or vehicles have in effect with re- spect to the operation of such vehicle or vehicles a policy of liability Insurance or bond affording substantially the same coverage with re- spect to injury to persons and daciage to Property as is required for proof of financial responsibility under the Safety Responsibility Act of Pe State of Minnesota," Sectin 0,, Section 1609.1 of Ordinance No. 191 is hereby expended to Tead as follows: "1609T1e The Villags engineer shall erect or cause to be erected and maintained signs plainly indicating the prohibition or restriction at each end of that portion of any highway affected thereby, and the prohibition or restriction shall not be effective unless and until such signs are erected and maintained.," Section 41. Section 1703,1 of Ordinance No. 191 is hereby amended to read aw follows a 111703.L, Every motor vehicle, other than a motorcycle, shall be equipped with at least two head lamps, with at least one on each side of the front of the motor vehicle, which head lamps shall com ply with the requArements and limitations set forth in this ordinance," Section 612. Section 1704,,1 of Ordinance Nos 191 is hereby. amended to 'read ax foflowsa 11704,,1_ Rear Lamps,- Every motor vehicle and every vehicle which is being drawn at the end of a train of vehicles shall be. equipped with at Least one tail .lamp, exhibiting a red .sight plainly visible from a distance of 500 feet to the rear. On and after January 19 1938, no person shall sell or oYerare any nptr motor vehicle, trailer or semi- trailer unless the sear lamp thereon is mounted and located on the rear tvlthin ?_0 inches from the extreme left edge and not less than 20 nor more than 72 inches from the surface upon v4iich the vehicle stands, unless the use or construction of the vehicle make, such location iWracticablee'" ectfon 43,• Section 1707.1 of Ordinan,-e No. 191 is hereby amended to res followat ad "1707,1, When a vehicle is parked or stopped upon a street or highway or shoulder adjacent thereto during the times when lighted lamps on vehicles are required it shall, be equipped with one or more lamps -i„rhich shall exhibit a white light on the roadway side visible from a distance of 500 feet to the front of the vehicle and a red light visible from a distance of 500 feet to the rear, except that no lights need be displayed upon a vehicle wrhen stopped or parked "Jr -car ,a �::r;;er,: c ty nn ,agy t"Jr1P,"e ther2 is sufflcivnt l_l(ght fo clearly reveal any person or object within a distance of 500 feet upon the street or highway.: Section 44. Section 1714.2 of Ordinance No. 191 is hereby amended to read aspfollows: 11714.2. There shall be a lowermost distribution of light, or co .site beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading none of the high inten5it -portion of the beam shall be directed to strike the eyes of an ap oaching driver." Section 45, Section 1714.3 of Ordinance IJo. 191 is hereby repealed. Section 46. Section 1714.4 of Ordinance No, 191 is hereby renumbered Section /714.3 and amended to read as follows: 111714.3. All road light equipment manufactured and installed on and after January 1, 1938, shall be so arranged that when any beam is used which is not in conformity with Section 1714.2 of this ordinance, means shall be provided for indicating to the driver when such beams are being used." Section 47,, Section 1719.3 of Ordinance No. 191 is hereby amended to read as vllows: "1719.3. Trailers, Semi -trailers, Tank Trailers, Every trailer, semi -trailer, or other vehicle of a gross weight of 1,500 pounds or more, when drawn or pulled upon a street or highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, and so designed as to be applied by the driver of a tot --ring motor vehicle from its cab, except (a) trailers oumed by farraers when transporting agricultural products produced on the oviner`s faun or supplies back to the farm of the owner of the trailer; (b) custom service vehicles drawn by motor vehicles equipped with brakes capable of stopping both vehicles within the distance required by law for vehicles with four-wheel brakes, (c) trailers or semi -trailers when used by retail dealers delivering implements of husbandry; (d) tank trailers not exceeding 8,500 pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure then hauled by a truck capable of stopping vA th loaded trailer attached in the distance specified by Section 1720 of this ordinance for vehicles equipped vd th four-wheel brakes, providing the gross weight of such trailer or semi -trailer other than those described in clause (d) when drawn by a pleasure vehicle shall not exceed 3,000 pounds, or when drawn by a truck or tractor shall not exceed 61000 pounds, and except disabled vehicles towed to a place of repairs" ,,,"Section A. Section 1719.4 of Ordinance No. 191 is hereby amended to read as follows: 111719.4. Every new motor vehicle, trailer, or semi -trailer, hereafter sold and operated upon the streets or highways shall be equipped with service brakes upon all wheels of every such vehicle, except that any motor -cycle, any semi -trailer of less than 1,000 pounds gross weight, a third wheel, of a swivel type, on a house trailer, a temporary auxiliary axle attached to a motor vehicle during the period of road restrictions for the purpose of relieving weight of another axle, when the temporary auxiliary axle and the axle to be relieved do not exceed the combined gross weight of 18,000 pounds, and that the vehicle to which such temporary axle is attached meats the brake requirements of this ordinances need not he equipped with brakes." c;. Stion 49, 0%76in,�rlc!No1�1 3A , ddllhnccnteto St3ction 171 '1170S -_cKow- _ 11,17.1.9.5. No pc -) .son shall hG%io fo�: salel, sell or offer fo.c sale for use in riotoa vehicle brake systems any hydraulic brake fluid, unless of a type or brand appyovcd by the Commissioners, Any person vio.latiing the proviGI-kons of this section shall be guilty o? a misdemeanor." Section 50., Section 1722 of Ordinance No. 191 is hereby aniended to read as follows: �/111722., Irbf-tFlers. Bn2y motor vehicle shall at all times be equipped -with a rauffleT in good working order %,ehlch blends the exhaust noise :Into the overall vehicle noise, and is in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutorut, by-pass or sirailar device upon a motor vehicle upon a street or highway. The exhaus,:1- system shall not emit or pro- duce a sharp poppirg or crackling sound. Every motor vehicle shall at all times be equipped with such parts end equipment so arranged end kept in such state of repair as to prevent carbon monoxide gas LF the vehicle� from ente��Ing the interior of Section 5 p Section 1722 of Ordinance No, 191 is hereby amended by adding thereto a n action 1722.1, as follows s ,�_'111722.1. No Parcon shall have for sale, sell or offer for sale or use on any motor vehicle any Milfflar that fails to comply wltb the specifications as required by the Cco-amio-sioner." -So- 4-ion 52. Section 1724.1 of Ordinance No. 191 is hereby amended c- � to read as * 0 , -11 OVIS: :�4724pl. No person shall drive or operate any motor vehicle with a i,,jindshield cracked or discolored to an extent to limit or obstruct proper vlsion9 or t,�ith any sign, poster, or other non -transparent material upon the front viindshleld, sidewings, side or rear tryindcIve of such vehicle, othazy- than a certificate or 0�lher paper required to be so displayed by laeT, or authorized by the state director of civil defense." Section 53. 'Section 1728 of Ordinance No, 191 is hereby amended to read asIfollows.- �"1728. Burpiers, Safeguards, All. motor vehicles shall be equipped Mith front and rear bumpers or with front bumpers and with -rear reflectorssi as herein pTo-vided, and all trailers and semi- trailers weighing more then l,,5000 pounds shall be equipped with rear bumpers or with rear reflectors, as harein provided. Such buiipers shall be securely at t-achedd to tha :�rame tbereo2,. and shall extend beyond the extrem.. f-ront, and rear points,, respectively, of such vehicles, The center point of such bumpers shall be not rnox-e than 20, nor less tuhan 14, inches from the ground w1han the vehicle, is un- loadedg provided that two rigid cross -bars may be attached to any bunniper to extend it so that it will in_ach in'.1-o a point within the required height from the ground. All trucks and trailers nanufactured and sold after July 19 1955, having a rear platform or tailboard more than 20 inches above the v--cund, except public utility trailers used for hauling reels of cable or 'i,,!ire, pole trucks, durrip, trucks, and farm trucks as defined in Section 159, and trucks and semi -trailers transporting logs, pulpwood and other _rato and unfinished forest pro- ducts from the place of production to an assembly yard or rail head When such transportation constitutes the first haul thereof, are re- quired tAian operating upon the highways or streets, to have rigid rear safeguards, so constructed as to pz-event any part of another motor vehicle from penetrating the area immediately below such rear platform or tailboard, when such tailboard is in a vertical position." Section 54. Ordinance Hto,, 191 is hereby amended by adding thereto a i-tela Section 17733, as folloviss _10- 0 cn lw'Ucr ; u !"ug :)`lali be S,o,taq c.,' z- loy sals, Or L15ed.. tkhich 50 sqo.,?:'c In(; es ox, which if conpos-ed of oth,:nthan a non-illumin iced t.,Cansj)a:ant nia -G aria 1. 11 atj:Ljo2,55. Ordinance No. 191 is hereby amended by addin.-j theroto a nev Section 1734, as follows: Patrol vehicles - 'First Aid Equipm.ent., Every pair .1 motor vehicle shall be oquipped vilth and cax-ry first aid equipmcrit;," e ti o'.71 56. Ordinance No. 191 ;is hereby amended by adding ',hereto a aew Sec O_ Y I 7557 Z I s follows: <1 "1735. 1.3heel flaps on Trucks and Trailers,. Every truck, V and, trailer, e:.cept pole tra:llers and reer-end dur.,ip trucks, ;shall be pTovWed with vIneel :�_Iaps o-r cthe_.* protection above a.!d beyond the rearmost Wheels of the vehicle or combination of vehic.es to prevent, as far as practicable, such wheels from throwing dirt, wt';er, or othax materials on the windshields of vehicles which follow. SICh flaps or protectors shall have a ground clearance of not more than one - fifth of the horizontal distance f~om the con -tor of the rearmost a,le to the flap under any conditions or loading o-r operation of the mot vehicle and shall be at least as wide as the tires they are protectnge11 Section 57. Section 19M of Ordinance No. 191 is hereby amendc-, to Yead as_ follows 3 Lighting Equipment* Every bicycle when in use at night. time shall be equipped with a lamp on t)e from, which shall emit a white light visible frcm a distance of jit -least 500 feet to the front and with a red reflect-o: on the rear of a type app:i7oved by the depart' vent rinich is visible from all distance; f-ron, 50 feet to 300 feet to -the rear Aen directly in front or lawful upp3x beams of head lamps o a motor vehicle. A lamp arnitting a red U.,ght visible fror, a distance A, 500 feet to the reap° may be used in addition "Co the red reflectors." Section 5S, This ordinance !,,hall be ztn efrecti; fron, and after its passage and pljblic-a*Clion according -to law, this _�opte,d this 11th day of August, 1956. A I f7i S T - ( TS) i �j n e d AR-MUR 0. U'REDESM JR© Village r_110�rk Pu'�)lished in C,OuTier 1�U'91uSL6 2."L and 28, 1958, [46 ORDINANCE NO. 192 AN ORDINANCE PROVIDING FOR A TRAFFIC VIOLATIONS BUREAU THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINSs Section 1. Traffic Violations Bureau Authorised. 'The municipal court of the Village of Edina may by rule adopted in accordance with Laws of Minnesota 1953, Chapter 527, establish a Traffic Violations Bureau to assist such court in disposing of violations of traffic laws or ordinances as provided in such law and +.he court rule. The Traffic Violations Bureau Giereinafter referred to as the bureaus shall occupy such space in the village hall as may he designated by the Village Manager. Section 2. Bureau Personnel« Bureau Hours and Record Keeping. The court shall designate the director of the bureau and shall name his assistants. The director and each of his assistants shall be bonded in the sum of $1,000 If not already bonded on account of service in some other capacity with the Village. The bureau shall be open for business between the hours of 8:00 o"clock A.M. and 4:30 o'clock P.M., on Monday, Tuesday® Wednesday, Thursdays and Friday of each week, holidays excluded. The bureau shall keep such records as are required by law and court rule. Section 3. Appropriation. There is appropriated to the bureau the sum of $2,400.00 for the fiscal year ending December 31, 1957. Obligations may be Incurred from such appropriation in such manner as in the case of appropriations to other departments. §jc_tion 4. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication, Adopted this 10th day of June, 1957. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor Published in Edina-Morningside Courier June 13 and 20, 1957. _0 10 10 !, 1.1 ... � I � I I'- .. I I i, I , ci 1-he - " or, N,-�Ci The Village Colunc-i", �j 11 -3 j Fo-11tais Section .1. Ord iaance No , 21-1 is Lr' I tA Ew­�-: - house" 61'er or ocexarent of any dwe-Uing, house, O.'r Exly pwt,4qe lo jj ho doe:z n..-It dil! Cf SLt.`il garbar�:,:?, Ina mani- tary F,1"cQ_1 r:, �o're fly: -tight maiU cara -t.n b il en w4lich ivlv atc elwe..- the tirms rc%ve a G)a,-V.cify of not to exceed �tO gallons 4A •v -)4 -7 S u J.'r. an "A -ow Sect: 1-0", Ver"n i " 0, 1,11 'Lovl i)r :o.i vehllcle�; equippsl for plarbage and, A t, h iST Sel bod ie s, 31tr�,j 1 nd Y J_ rubbish .�ciT_-Jotely and enelosri,,d w1th 1A V.e rear end way oj*n ad so as tr) rerml-'- n K7 'Me and r0tvc-st dre_�4a cdf I'Alle v 1-ip- rly a A 'I Fijbly ted (,,-n i')oth sides Lam, �f 3sc ,J.on .11, License R" <,rso_ Shall. engage ­r iefuze iraterJ.al Lithe in havll-ng or un.11_385, hE. s; Ire e, Id 8 ecl a er e _n rr e 9 L 7 pruv'isions of thds ordinance, 11c ivr,,'h U111! 'J. 1 1 PIA San h P. J, file, vdt.h the Vil,]AL Clerk a gacxl ain,! .ffle 4" each vehicle for P0, h a 11, - in- 1,nst cv­ -injury to person8 -In the fOULOwirig �.-j­ ,I U'ad� at laast Fif`ty 'nll (4150,000) 0 Dalla;,s with a mw.imum ccveragu for I J1 zu-;,cidont of at, One Humired Thous-_-M (3300,9000,W) Dollars . a-nd ;Iso aga, not., less or damage to pro pej�jy in the amount, of Five Thousand (KUv(�,00) Dollara�. Such po1i(!,i,r of insurance sha.11 iwov1de fcr tl,e, g1ving of -LU-jj daya prior noti.ee Vo VUlago, of f7 1,ieenae 11, lla"011 of p0icy of IrLiurance, n,v e �! �., i8sued berei;nd(.,-r .scull teminate the te'vininatiort of said T�-Oli^_y . uf Inamr- SO4t lon 12, krp'i. -i catJ on for ar 60� , L,.q).'Lj,C,J Ions for such 'Ticense to haul (sr to Cou've in the Village shaUt, be Jn wrI4,'�J'Xig tshc�"O f. 'Id Wiall ;.itate the ty e ard ,,)sIe of the Qwaar�, a 0 PF-I L UIDIIJOCE INO. 2EI-1 -- Pago 2. schedade of umdf? for the Nc31?lir G -_i:xh Ttt'. ar, the freqaancy of to 10:7, to Gu,�Itomers,, 4.,�z'vft ful I information as to ahere and hm,, mi,-L3�1 will lua t�lspo_sed of. JZotian 1�. M.cer7le 1-`eq, Tlas anrx.�,,l license fec. for sluv,-h Jis hera- by f:Lzazd at k' for the fi-*L ,i rschid-, arid ,U0.00 pc - yea.-r .- ion' each V'6�':Itional vehicle used i-n hwal-ing and conve-jd_ne, ga:�7'asge o--:- C_� Sacti:an 14_, ZenT M, Jul; I to June 30, Licenze, License tex-m shall be 'A.rla exceyfi., tlhat first s'hj.&3I expire June 30, 19.56, and firi-I Sea,,-, -yal.d ,ghall be on a -;.,ro ratL, basis. ­,nd. R�--nrocatlon c,.0 Ucensca, �`cr.�,undew shall. be, i&sued bz;, '4-.he V:I.Iiag• Tdcm.,?'�- riot-, be trarifewrAbic-:, wn.d )a:,),y be revdke& et vx),v t..'One by 'ne V-111ago upon a heziling provided that the, Ucensr�e 6hal I be a", fi7f, en r Ge o such hmr- inr: avI sht,,11 hc;'Ara en ,.n per.­.P.�M or by 3zent cx attomay ,m-d present evidence caniidora n, section 16,, EffPct-t­"­., ta'k"� , Uso" a_-�il. b" L-I -"rom nzl' a,"f"ter its c', ' for4"t. UI - Jdbpted i. this 21.tjh & of 0c, K-, ATTEST s G'R'TT C asN : S -1EIR IC X S 0:1 ..� L I iyor Publish-od Jm 00-Mr-ior Nove-z-flber 3 and 111, 1955, 0 VIjr'L JIG77 � OF EDIIJA H011M, P:31 COUNTY, .1I11tuf:SC)TA CRDE'lANCE 11,C). 211-21 JL-',u (T D T I -- 1 P,:,77 _MMTG ORDIN1110E. 4-%). 2,11 OF TIE, VILIAGE,, 11"zHATING TO THE PLGULAIR COLLiMION OF GMBAGZ- OR RM FU ULAGE COUNM OF THE V M.AGE, Or, EDINA., C-,M.PdNS: SeCclon 1, Sections 1 throuLji 7 of Ordi-nance No,, 211 of the Village, ,antitled "An Ordinance For The Regul&r Collection and -Dissposal of Garb*,E,.,a or Refuse,., The Tmposition of an Obligation to Pay The Cost Thereof on The (A-mers of The Property Served.. tend The kosess.ment Against Tbe, Property 5'erve4? of Unpaid Charges T.M(k4r Mnnesota Statifcai.,, Section 443.0U1.1, axle, hereby repealed. Sect.Lon 2. Section 8 of sarid. Odirmnce,, al.-Iended by Ord-inalic-e- No. 211-1, aoopted on October 24., 1.955, is 1-moreby ama� d--d t'r, rcad as folla-..js-. "Section 8,, G&x-ba f-,e -ied To 3-- 'MR1110d. " W ery householder or occupani of any- &.relling houae or any place ,f 'cusiness having garbage or rubbish to dispose of shall contract vrith a hauler licensed by the Village for the regular.- collection and di3-()osa"L of such garbage or rubbish. u--.-dess such householder or occupant (Jisposas of his garbage or �.-Wbbish by Lic-4r.e.ration in -, mmeharical elacbrl.c or gas incinerator kept on the T)re:ia1.,;es tinder cover, or, in an area zoned. Commercial, GoiTimunity Store, or L 7� egional. ghop-ping Dist-riet, by incineration in a device approved by the Tire Chief or suehhouseholder or occulxr.t buries such garbage or rubbish under not less than throe fcvat of eaeth or stone. Between t-ILP.0r. of collection or other 64i,-,.-posal as here -in provided, all garbage and rubbish shaJU be kept -in one oi- more fly -tight metal cans sufficient to receive, all garb,rige anti rubbish -trbich r,,av accumulate between the times of oollection or othe%r dlsT.�osal. Each can shn—Jl have a capacity of not to exceed tlii*V,:.y g M-ons and shall be p-eovided with a tip hi fittin g cover." Sect;Lqn L Section 0, of said Ordinance 14c, 211-1 is he rely* repealed. Section J4, Soction 12 of said Oi-rLinorxe X�:. 211-1 is hicreby amended to read as fol.owes : "Section .3.2, Ai;vlication For Ticense. Applications- for such license to haul or to (.-;onv.zy r,,,bb!-sh:, garbage or other rcfu.-e mater'lual in the !Tillage shall be its 1.xiting ancl sh,,J-1 be f1led it tie the Villa.g'e Clerk and akia)-1 state the types and nalkes of motor vehici,:s to be used, the name of the oviner ,, a scherl.-cle of -Ar-;,:i-gas which will be =n de fo:1 the hauling of such metter, the frequency of servicos pr--i7x.)3cd to be given to =5tomers, and full iriforw.tion as too i�Iserc snd how much i-r.at�rial will be !Zposed of. S u &A I schedules of charges, hall: ­ be posted. at the Village Fall. SectLon L. Section 16 of Ordinance No, 211-1 is hereby repealed, ard+ a new section substituted therefor, reading as follcvm: :fSection 16. D-atr Tr 'Furai.:-h Service. Bvei-y Earbage. haala-r jLicw--sed, varier this Ordinance shall Provide service to vtr premises w&thin the Village for -which service is requested, at the posted rates and with the s,-Me frequency of ser-v-ice as stated in "-Ih-- hauler's ap:.-�Iication for license." Section 6. Offectlive Date. This Ordinance shoil take effect and be in force from a -rid ADOPITED THIS 11TH DAY -,)F JUNE 1956, (,Siguiedi) ART-ITR 0. BR DES T " Jr., Xf T - ES T : 1.11ayor. fro Tem . (SiMed) GRJ7,TCM1v SALDEN Village Clerk Published in Edina,14orningside Gourf-er June Ili. and ZL. 1956. AN ORDINANCE AI�L� 0114E ORDINANCE 140. 231 OF 'ME VILLAGE R11 ATRiG TO S&& RENTAL CHARGES THE VILLAGE COUNCIL OF 'THE VILLAGE OF MINA, MINNESOTA, ORDAINS: SECTION 1. Section 1 of Ordinance No. 231 of the Revised Ordinances of the Village of idina is hereby amended to read as follows: Section 1. Sewer Rental Charge to be Paid. For t'r:e purpose of paying the share of the Village to the City of Minneapolis, for the operation and maintenance costs of the 141inneapolis—St. Pahl. Sanitary District sewage disposal system, and the Minneapolis sewage system and operation, maintenance, repairs and administrative expenses of the Edina Sewage system, a sewer rental charge is hereby :Levied and assessed against every lot, parcel of land, building or premises situated within the corporate Limits of the Village now or hereafter hcyving any ^onnection with the sanitary sewer system of the Village, or otherwise discharging domestic sewage,, commercial and industrial waste, vra.ter or other liquids., either directly or indirectly, into the sanitary sewer system of said Village. The rental to be so charged the property within said Village is hereby fixed and determined as follows: ' (a) Classification,, Sevier rental charges will be based upon metered water consumption during the preceding Winter Qgor br (Three month period falling between November 1 and May 1) according to the following schedule: Metered Water Consumption Classification (Cu.Ft. per Qtr.,) Group Less than 3,000 A 3,001 to 6,500 B Over 6,500 G- (b) Fees. The following fees and rates are hereby fixed and established; Quarterly Charge (Grass) Group A 02:,75 B 13:�3() C 110 per Cu,Ft. of metered :rater or 12.10 per Cu.Ft. of metered sewage (c) Schools, All schools will be classified according to the above schedule and charged at the appropriate rate,, but for only three quarters each year, (d) Terms, The foregoing charge shall be payable quarterly, in advance, and shall be subject to a discount of ten per cent (1 cept as otherwise herein specified,, if paid within fifteen 15) days from and after the beginning of each quarterly period. If such rental charges; as herein set forth, is not paid within thirty (30) days after the beginning of each quarterly period, the Village shall certify the sz.me to the County Auditor of the County of Hennepin, and the same shall be collected and the collection thereof enforced in the same manner, in all respects as county and state taxes, and they shall be added to the said taxes, subject to like penalty, costs and interest charges. The County Treasurer of Hennepin County shall. when such sewer rental charges are collected by him, forthwith pay them over to the Village treasurer, Section 20 Section 2 of said Ordinance No.231 is hereby amended to read as follows: Section 2,� jnstalla- ion of Ifeterso (a�'y Residentialsew-ar connections not served by village grater may elect to install and maintain in good order, at their own expense, a village meter on their own water supply, Until they do so, or if they do not install a meter, they will be automatically classified in Group "B%,. (b) Commercial and industrial serer connections not served by village water must install and maintain in good order, at their own expense, a village water meter on their water supply, or install and maintain in good order an approved sewage metering device SECTIO105jaggetinn 3 or said Ordinance nog 231 is hereby amended to read as follows: Section 3, Statements: Newer Rental Fund The village shall render to the owners, lessees, or occupants of such property, on.the first day of each quarterly period., bills for the amount of the sewer rental charge herein set forth. The funds received from the collection of sewer rental charges aforesaid shalllbe deposited in a separate fund to be known as the "Sewer Rental runes." These funds shall be used only for the purposes provided for herein. SECTION .� This Ordinance shall be in effect from and after its passage and publication according to law, Adopted this l th day of Aggu.st a 195bo ATTrsT: (Signed) REUBEN F. ERICKSON Mayor GRE'TCHEN S. ALDEN (Signed Village Clerk Published in the .cdiiki -Morn.ingside Courier august 23rd and 30., 1956,E • i I ORDINANCE NO. 231-2 AN ORDINANCE APU DING ORDINANCE 231 OF THE VILLAGE RELATING TO SE-JER RENTAL CIA RGES TIE VILLKGE COUNCIL OF TI-E VILLAGE OF EDINA, KINI%S0TA, ORDAII[S : Section 1 Subsection (b) of Section 1 of Ordinance !lo. 231 of the Village of Edina is hereby amended to read: (b) Fees. The follo;ing gross and net fees and rates are hereby fixed and established: Quarterly Charge Group Gross Net A $2.75 $2.50 B $3.30 53. 00 C (Metered Water) 11¢/ C cu.ft. 10¢/ C cu.ft„ • (Metered Sewage) 12.1/ C cu. ft,. 11¢/ C cu.ft, Section_ 2. Subsection (d) of Section 1 of Ordinance No. 231 of the Village of Edina is hereby amended to read: (d) Terms. The gross rates shall apply unless the bill is paid within the discount period, in which case the net rates shall apply. 'If .such rental charge is not paid within (30) thirty days after the billing date, the Village shall certify the same to the County auditor d the County of Hennepin, and tle same shall be collected and the collection tIBreof enforced in the same manner, in all respects as county ard state taxes, and they shall be added to such taxes, subject to like penalty, costs and interest charges. The County Treasurer of Hennepin County shall, when such sewer rental charges are collected by him, forthwith pay them over to the Village Treasurer. Section 3. ' This ordinance shall be in effect from and after its passage an publication according to law. • Adopted this 28tit day of January , 1957 • ATT:ST: (Signed) Gretchen S. Alden Village Cle rk (Signed) Arthur C. Bredesen, Jr, Mayor F 0 ordinance No. 231-3 AN ORDINANCE AMENDING ORDINANCE NO. 231 OF THE VILLAGE REBATING TO SEWER RENTAL CHARGES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: r,1 Subsection (a) of Section 1 of Ordinance No. 231 of the Village of Edina is hereby amended to read: (a) Classification. Classification of sewer rental accounts will be based upon metered water consumption during the preceding Winter Quarter (three month period falling between Novembee 1 and May 1) according to the following schedule: Metered Water Consumption Classification (Cu. Ft. per Quarter) Group Less than 3,000 A 3,001 to 6,500 B Over 6,500 C Section 2. Subsection (b) of Section 1 of Ordinance No. 231 of the Village of Edina is hereby amended to read; (b) Fees. The following gross and net fees and rates are hereby fixed and established. Quarterly Charge Group Gross Net A $ 2.75 B 3.50 C 5.5�/C cu.ft. 6.O�/C cu. ft. $ 2.50 3.00 5c /C cu. ft. 5.5¢/C cu.ft. Based On Flat Pate Flat Rate Metered Water Current Quarter Metered Sewage Current Quarter Section 3. This ordinance shall be in effect from and after its passage and publication according to law. Adopted this , day of , 1957. ATTEST. Signed Village Clerk Signed Mayor • 0 2". Ed, a ORDINANCE NO. 231-3 AN ORDINANCE AMENDING ORDINANCE NO. 231 OF THE VILLAGE ____-RELATING TO SEWER RENTAL CHARGES THE VILLAGE COUNCIL OF 'HE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection (a of Section 1 of Ordinance No. 231 of the Village of Edina is hereby amended to read= fat Classifidati.on. Classification of sener rental accounts will be based upon metered crater cons:nmption during the precedirxg ,Vllnfi'er Quarter (three month period falling between Noy?ember 1 and May ,l ) according to the following schedule: j Metered Water Cons«nption (Cu. Ft. per Quar'cer y; Less than 3,0G0 3,001 to 6,50V Over 6,500 Classification Group A B C Sect Subsection (b) of Section 1 of Ordinance No. 231 of the Village of Edin is hereby amended to read: fb', Fees. The following gross; and net fees and rates are hereby fixed and established. Group Qu,ai 'ter? y Charge Gross Net A $ 2.75 B 3 3C0 C 5.5t/C cLL, f - 6.0t/C cu. ft. $ 2.50 3.00 5(k/C cu. ft, 5.WC cu. ft Based On Flat Rate Flat Rate Metered Water Current Quarter Metered Sewage Current Quarter Section 3. This ordinance shall be in effect: frow and after its passage and publication according to law. Adopted this 14th day o f._ �___ o. qq, 195`7. ATTEST: S i geed, AR'THUR C. '-fi :DESEN� (Signed) M-11afEN S. ,11LEN Mayor Village Clerk ....._ Published in Edina-Morningside Courier October 17 and 249 1957. 10 0 ,-DINjUICE NO, 2L,- —1 A11 0_LDINtu'VCE A:217111DING SECr1'ION 3(a) OF ORDINANCE NO, 21+1 OF Ti-; VI7,I.,':GE Or H--;LA` ING TO RATES FOR. '.:.":' j% _..a.AGu ,,'til::,:? `0-(K aYST�1%4o TFr- COUNCIL, OF TIC:, VILLAGE C>F Is'D:i iTt,, IIITTNEI' i A, 0;-?D NS.: Subsection (a) of Section 3 of Ordi-ra ce ^!o. 241 of the Villar,e of Edina is hereby amended to read as follows: (a) ;dater consumed will be charged on the basis of meter readings at the follovring rates per 100 cubic feet gross: Gross Net First 3,000 cu. ft. 19,8¢ 2,80 Next 3,500 cu.. ft. 18.76 170 Next 4,500 can ft„ 17.60 16� Excess over 11,000 cu. ft. 16a5¢ 15y The gross rates shale apply i Less the bill is paid within the discount period, in which case the net rates shall apply® Tater consumed in the district described as the East side; of Beard Avenue from 54th Street to Fuller and both sides of Abbott Place from 54th Street to Beard Avenue will be charged at the rate of 300 per 100 cubic feat gross, or 27�,, per 100 cubic feet if. paid -within the discount period The aforementioned excepted district is serviced .%rith urater purchased by the Village from the City of Minneapolis, and the Council has duly considered all pertinent facts and finds that the higher rate is fair and reasonable. Adopted this 12th day of January, 1953. Published in Edina-Norningsir�e Courier January 22, 1953, (Signed) R UBEN F. ERICKSON ATTEST : Mayor (Si iorned) EVALD C . BANK Village Clerk 241-2 AN v Dl_Jli:.l,", -- l� � „{,`t '.), 3(a) OF ORDIitE'.t"CE NO. 2141.. OF i-iE VTi � t�*'&7' OF LD11"U'., AS :VII-END D9 LL A, I; ,., ? 0 RATES F".T. II'-] VYLL-kC-F, THE CC `v ,.ice OF Tlu VII,T'� G �1 ' ;�T1 ,1�I�� ���JJ.L ��DT� :.t7,.t .�J.L, 1, 1 .tin ��::.iJ Section 1, Subsect I..on (a) of Section 3 of" CrrIin,:,ncs ITo„ 241 of the Village of Edina, as amended, is hereby amended to read as follows: (a) 1,:rater consumied will be charged on the basis of meter readings at the folloTv.ing rates per 100 cubic feet: Gross, Net First 3,000 cu, ft. 2?,- 200 Next 3,500 cu,, ft. 210 190 rjxcess over 6,1 0O cup f`c® 200 180 The gross rates Shaul apply unless the bill is paid t.rithin the discount period, in which case the net rates shall apply. "�Tater consumed in the district described as the Fast side of Beard Avenue from 5h.th Street to Fuller Street and both sides of =".cbott Place from 54th Street to Beard Avenue will be charged zit the rate of 30y; per 1.00 cubic feet gross, or 270 per 100 cubic feet if p id t,Tithin the, discounlc, period. The aforerientioned excepted district is sex me iti: water p�.ix� :a a;> by the Village from the City of :a..,neapol.;_, , ci t .. �'r . 1 „? ;r „-•, ;a r i ; ll pf-rt_�, nt an_ a i c e- -r e facts and :"inds ta t the ---,atc The alDve rates shall go 1.nto effec", :zs of J?,:l�zas`y l 1.954v Section 2. This ordinance shall. be in f t.11. force and effect from and after its passage and public otion. Adopted this 9th day of November, 1953. (Signed) rZUREN F. -1 ICKSON Mayor kTTEST: (Signed) LVALD C. 3ANK Village Cleric Published in Edina-- Iorningside Ccrxier November .12 and 19, 1953o • ORDIA MCE NO. 241-3 AN ORDIN"MCE A?:,:-1;DING ORDINIAP C'E NO, 241 OF THE VILLAGE Or EDI(.A, ,S AMMEDED, BY ADDIUG THERETO SECTION 71 RELATING TO CHANGES FOR CO ,! „'EC T IONS TO TRUNK YlATEPIVIAIUS THE VIL.UGE CGUINMI, OF THE VIL +,AGE OF MINI-% ,, t,1INF�ESOTA, ORDAINS: Section 1. Ordinance No. 241 of the Village of Edina, as amendsd, is hereby emended by adding adding a new section 7,to read as follows: "Section 7. Connections to Trunk !`aoterr ins. It is the policy of the Village to levy special assessments on properties abutting upon lateral water mains for payment of the entire cost of such mains. In the case of trunk eater mains carab'.a of direct connection to structures on abutt'_�ng property, it is t,he policy of the Village to require a portion of the cost thereof an roximately equal to the cost of construction of a lateral. water. Train at the same time and place (referred to herein es "lateral cost") to be paid either by the levy of special assessments upon such property, or by a charge made 2t the time of the connection thereof to the main, the remaining cost (referred to herein as "trunk costiP)boinq assessed, so Far as considered equitable, upon all prop- erties deemed capable of connection with the trunk main either directly or through laterals. Lateral c�aater mains are norrial.ly six inches in diamreter, and trunk i:�ains Include all of larger diameter. In all. cases t%;here any promises abutting on a trunk eater main receive no special assessment For payment of a share of the lateral cost thereof, whether or not such properties are assessed for the trunk cost of the main, the Council shall. by resolution detesm.ne the amount per front foot of the property abutting thereon which is necessary to be raid to reimburse to the Village the lateral cost which has not been assessed, and upon ap- plication for connection of any such promises to the trunk main, a con- nection charge shall ba due and pc,yable to the Village, equal to the cost so determined for the frontage of the premises. All connection charges so received shall bf? credited to the fund of the trunk t;rater main improvement involved or, if such improvement has Seen financed by the issuance of bonds, to the improvement Bond Redemption Fund. Section 2. This ordinance shall be in full force and effect frov, and after is passage and publication. Adopted this 20th day of July, 1959. ATTEST; ( Signed) Ar?THUR C. BREDESETd , JR. (Signed) GRETCHEN S. ALDER teiayor Village Clerk Published in Edina-Morningside Courier July 30 and August 6, 1959, L-1 AN ORDINANCE GRANTING PERMISSION TO THE MINNEAPOLIS GENERAL ELECTRIC COMPANY; ITS SUCCESSORS AND ASSIGNS, TO ERECT, ENLARGE, OPERATE AND MAINTAIN, IN THE VILLAGE OF EDINA, MINNESOTA, TRANSMISSION LINES AND ELECTRIC DISTRIBUTING SYSTEM, INCLUDING NECESSARY POLE LINES," MASTS, WIRES AND -FIXTURES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND TRANSMIT- TING ELECTRIC ENERGY INTO AND THROUGH THE VILLAGE, AND TO USE THE STREETS, ALLEYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES. Section 1. That there be and hereby is granted to The Minneapolis General Electric Company, a corporation,. hereinafter refer- red to as "Grantee," its successors and assigns, during the period of twenty (20) years from the date hereof, the right and privilege of erecting, enlarging, operating, repairing and maintaining in, upon and across the streets, alleys and public grounds of said Village electric transmission lines and electric distributing system, including all necessary, usual or convenient poles, pole lines, masts, wires, lamps, transformers and other fixtures and appurtenances usual- ly, conveniently or necessarily used in con- nection therewith, for the purpose of trans- mitting and furnishing electric energy for light, heat, power and other purposes for public and private use in and to said Vil- loge and the inhabitants thereof, and others, and for the purpose of transmitting to and through said Village such 'electric energy, provided that such pole and trans- mission.lines shall be located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, .and provided that said Grantee, its successors and assigns; in the _erection and maintenance of such poles, masts, wires, lamps, transformers, fixtures andtransmission lines, shall be subject to such reasonable regulations. as may be im- posed by the Village Council. Section 2. The Grantee agrees to main- tain and operate efficiently its electric sys- tem in the Village during the term thereof, to provide adequate service to its present customers and to make reasonable exten- 'sions of its lines for the purpose of serving new customers when the revenue therefrom justifies the expense to the Grantee of mqk- ing the necessary extension. The Grantee agrees that the rates for electric service shall be reasonable, and because the Village limits asnow consti- tuted are within the Minneapolis Metro- politan Area, shall not exceed therein Company's standard schedule of rates and minimum. charges effective, in the City of Minneapolis. However, in the event of the imposition of local license fees, taxes on earnings or other similar Village charges and regulations, the Company shall then have the right to revise its electric rates to offset any resultant increase in the cost of doing business. Section 3. There is also granted to said Grantee, its successors and assigns, during the term hereof, permission and authority to trim all trees and shrubs.in the streets, alleys and public grounds of said :Village interfering with the proper erection and maintenance of any poles, cables, Wires or any other fixtures installed in pursuance of the authority hereby granted,- provided, however, that the grantee first obtains from the Village Council a permit therefor, and provided 'further that said Grantee shall save said Village harmless from any liabil- ity in the premises. Section 4. Nothing in this Ordinance con- tained shall be construed as giving to said Grantee, its successors or assigns, any exclu- sive privilege in, on, .over or across any of the streets, alleys or public grounds of said Village. Section 5.. Upon first obtaining the writ- ten consent of the Village Council said +Grantee shall have full right and authority to assign to any person, persons, firm or corporation all the rights conferred upon it by this Ordinance, provided that the as- signee of such rights; by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. Section 6. Said Grantee, its successors or assigns,shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby �grantecl_with the Village Recorder within ninety (90) days from the date of the publi- cation of this Ordinance. Section 7. This Ordinance shall be in full force and effect from and after its passage ,and publication, as provided by law. Section 8. All ordinances and parts of ordinances in conflict herewith are hereby repealed. - < L- (Adopted April 12, 1937.) No. 202 AN ORDINANCE APPROVING THE ASSIGNMENT TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, OF ORDINANCE OF THE VILLAGE OF EDINA, HENNEPIN COUNTY, MINNESOTA, PASSED AND APPROVED APRIL 12, 1937, GRANTING PERMISSION TO THE MINNEAPOLIS GENERAL ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, TO ERECT, ENLARGE, OPERATE AND MAINTAIN, IN THE VILLAGE OF EDINA, MINNESOTA, TRANSMISSION LINES AND ELECTRIC DISTRIBUTING SYSTEM, INCLUDING NECESSARY POLE LINES, MASTS, WIRES AND FIXTURES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE AND: ITS . .INHABITANTS, AND .TRANSMITTING ELECTRIC ENERGY INTO AND. THROUGH THE VILLAGE, AND TO USE THE STREETS, ALLEYS AND PUBLIC GROUNDS OF SAID VILLAGE FOR SUCH PURPOSES. Section 1. Whereas, "there was passed and approved on April 12, 1937 an ordi- nance of the Village of Edina,- Hennepin County, Minnesota, granting permission to the Minneapolis General Electric Company, its successors and assigns, to erect, enlarge, operate''and maintain in the Village- of Edina, Minnesota, transmission lines and electric distributing system, including neces- sary.pole lines; masts, wires and fixtures, for the furnishing of electric energy to the Village and its Infabitafif; and transmlt� tin§ electric energy into and through the Village, and to use'the streets, alleys and public' grounds of said, Village for 'such purposes, and Whereas, : there, has; been a.. statutory merger effected as of August 29, .1941, of the Minneapolis General Electric Company, St. Croix Falls Minnesota Improvement•Com- pany and Minriesota BruskElectric Company into Northern States Power Company, a Minnesota corporation, In : pursuance of Title .14 of •the New Jersey Revised Statutes for. 7937 and Chapter 5.8 of Mason's Minne- sota..Statutes;:.1938 Supplement, of the State of Minnesota,, and the{Minneapolis General Electric Company proposes to execute and deliver.. to Northern States Power. Company, a Minnesota Corporation, a confirmatory assignment of the. above mentioned ordinance, and Whereas, it is deemed" to be to the best interests of the Village of, Edina, that it consent to the-ossignment of said Ordinance referred to above; ,from the Minneapolis General Electric Company to Northern States Power Company, a Minnesota- corpo- ration, -its successors .and: assigns, and. in the. manner specified in Section 5 .of said Ordinance above referred to; 'Section 2. NOW, THEREfORE, the Vil- lage Council of`the Village of Edina does hereby approve the 'assignment of said Ordinance referred to above to Northern States Power Company, a-Minnesoto corpo- ration, its successors acid assigns, provided said Northern States Power Company shall within sixty (60) days after the `effective date hereof,'file with the Village Recorder a I ritten acceptance of said assignment, wherein it shall agree -to become subjectto the terms and provisions of said Ordinance referred to above. Section 3.,.This ordinance ;hall be in full force and effect from and. after its publica- tion as. provided by law. (Adopted September 8, 1441.) No..21,1 AN ORDINANCE PROVIDING'FOR THE REGULAR COLLECTION AND DISPOSAL OF GARBAGE OR REFUSE, THEiMPOSiTION' OF AN- OBLIGATION TO "PAY THE COST' THEREOF ON THE OWNERS OF THE ' PROPERTY SERVED, AND THE ASSESSMENT AGAINST. THE: PROPERTY SERVED. OF UNPAID CHARGES U.NDER,MINNESOTA, STATUTES, SECTION 443.015.. .Section 1. Engineer to Provide for' -Cul- lection of; Garbage.: The' engineer of 'this Villagesholl fake' whatever+action is neces- sory to provide for the regular collection and , disposal of:: garbagek:or refuse: from dwellings:and places of business. Section 2. Property _Owners to Pay 'for Service. The owners 'of' all property served by regular collection and disposal of gar- bage or refuse by this Village or its agents or contractors shall pay the proportionate —67— cost of such service to their respective properties. Section 3. Charges to be Proportional. The amount of such proportionate charge shall be determined by the Village engineer on the basis of estimated costs and shall be uniform for the class of property served. All residences served shall be treated as a single class of property. Industrial and commercial properties shall be divided into such classifications as the Village engineer shall determine. Section 4. Charges Based on Estimate. The total estimated cost shall include all costs incurred by the Village in the collec- tion and disposal of garbage or refuse, in- cluding a provision for the depreciation of such equipment as shall be required by the Village for use therein, and the cost of collection of all such charges. The total estimated cost for a twelve month period shall be determined by the Village engineer prior to April 1 of each year and such total. estimated cost shall be used in com- puting charges for services during the twelye. month period commencing April 1. `Section S. Property to be Served. The properties to be served by regular collection and disposal of garbage or refuse by the Village or its agents or contractors shall be those properties which require such service and which may be served at a reasonable cost. The properties to be thus served shall be determined by the Village engineer, and written notice thereof shall be sent by the Village addressed to the property owner at the address of the property involved. Such notice shall be effective to continue such service until notice of termination of service is mailed to the property owner at such address by the Village engineer. In the event any property owner shall disagree with the determination of the engineer that his property does or does not require such service, such decision shall be reviewed by the council upon petition of such property owner. Section 6. Semi-annual. Statements. Semi- annual statements of the charges for the regular collection and disposal of garbage or refuse shall be mailed to the property owner at the address of the property served on or about April 1 and October 1 of each year. Such charges shall cover the service to be rendered during the six month period following the date of the notice. If such statements are not paid within 15 days from the date thereof they shall be deemed delinquent. Section 7. Assessment of Delinquent Charges. In the event that any statement of charges for the regular collection and disposal of garbage or refuse shall be de- linquent on September 1 of any year, the amount of such delinquent charges, to- gether with a penalty equal to 10% there- of, shall be levied as an assessment against the lot or parcel of land so served. Such assessment thereupon shall be certified to the auditor of Hennepin County for col- lection and remission to the village treas- urer in the same manner as assessments for local improvements. No. 221 AN ORDINANCE GRANTING TO . MINNEAPOLIS GAS LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO MANUFACTURE, IMPORT, TRANSPORT, SELL, AND DISTRIBUTE GAS FOR HEATING, ILLUMINATING AND OTHER PURPOSES IN THE VILLAGE OF EDINA, AND TO USE THE STREETS, AVENUES AND ALLEYS THEREOF FOR THAT PURPOSE 'Section 1. Grant of Authority. There. is hereby granted to Minneapolis Gas. Light Company, hereinafter called the "Com- pany," its successors and assigns, for a period of twenty (20) years after the adop- tion hereof, the right to manufacture, im- port, transport, sell, and distribute gas for heating, illuminating, and other purposes within the limits of this Village, hereinafter called the "Village," as the same now. exist or as they may be extended in the future, and for that purpose to establish the neces- sary facilities and equipment, and to main- tain a manufacturing plant, gas mains, sere - ice pipes, and any other appurtenances necessary to the manufacture, sale, and dis- \tribution of gas in and along the streets, 'alleys, avenues, and other public places of said municipality, and to do all things which, are reasonable, necessary, or customary in the accomplishment of this objective, subject, however, to the further provisions of this franchise, provided, however, that before the said Company shall establish any plant in said Village for the manufacture of gas the approval of the Village Council of the location thereof, in the exercise of a reason- able discretion by said Council, shall be first obtained by said Company. Section 2. Obstructing Streets. The Com- pany shall exercise its privileges hereunder subject at all times to the police power of the Village and shall not unnecessarily or unreasonably obstruct the use of or injure any street, avenue, or alley, and shall, upon the completion of any construction or repair restore all streets, avenues, and alleys of the municipality which shall be opened by it or its agents or employees for the purpose of laying, placing, or repairing its afore- said gas mains or service pipes to as nearly the same order and condition as they were before the excavation was made as is reasonably possible, and shall maintain, re- pair, and keep in good condition for a period of three (3) months all portions of said streets, avenues, and alleys disturbed by it or its agents; provided that the three month period shall be computed from the time of closing the excavation, but in case of frost before the three month period has expired the same shall continue for the stated period after the frost leaves the ground. Any obstruction of any street, alley, park, boulevard, bridge, or other public place, or any failure promptly to fill and maintain a street after excavation, after proper notice demanding removal or repair, as the case may be, shall be taken care of by the Village and the costs thereof. shall be charged against the Company and may be deducted from any payments due it from the Village. Section 3. Plats. The Company, prior to the laying of any mains under this franchise, shall present to the Council a complete plat showing the location, size, and estimated cost of ;all proposed mains. Failure of the Village to insist upon this provision shall not be deemed a waiver thereof. Section 4. Damage Claims. The Company shall indemnify, keep, and hold the Village free and harmless from liability on account of injury or damage to persons or property growing out of the construction, mainten- ance, repair, or operation of its .property and in event that suit shall be .brought against the Village, either independently or jointly with the Company,.on_account there- of, the Company, upon notice to it by the Village shall defend the Village in any suit, at the cost of the Company, and in the event of a final judgment being obtained against the Village, either independently or jointly with the Company, the Company shall pay such judgment, with all costs, and hold the Village harmless therefrom. Section 5. Standards of Service: The Com- pany shall at all times provide and furnish an adequate, safe and continuous supply of ,gas to the Village and its inhabitants, subject, however, to the further provisions of this' section. The Company sells and dis- tributes straight natural gas'.throughout its entire gas _ distribution system, which is located in the. City of. Minneapolis, Minne- sota, and in a number of suburban com- munities and in the territory adjacent to and near the said city. 'The natural gas distributed by the Company is furnished by the pipe line system owned and operated by Northern Natural Gas Company, a "natural gas company," under the Federal Natural Gas Act, which subjects said North- ern Natural Gas Company to the jurisdic- tion of the Federal Power Commission. The Company shall not be liable to the_ Village or its inhabitants, nor shall the Village, or any inhabitant who is a cus- tomer of the Company, be liable to the Company hereunder by reason of the fail- ure of the Company to deliver; or of the Village or a customer to receive, natural gas as a result of acts of God, or the public enemy, inability ofpipe line supplier to furnish an adequate supply due' to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the party affected. Whenever any of the occurrences named above take place, the Company shall have the right and authority and it shall be its duty to adopt reasonable rules and regula- tions in connection with limiting, curtailing or allocating extensions of service or sup- plying of gas to any customer or prospective customer, and withholding the supplying of gas to new customers, provided that such rules and regulations shall be uniform .as applied to each class of customers, and shall be nondiscriminatory as between com- munities. The Company shall have the right to con- tract for The sale of gas for industrial use on an interruptible basis, requiring the customer to have standby equipment for use upon notice by the Company. The Com- pany's rules, regulations, schedules or con- tracts for curtailing interruptible gas service shall be uniform as applied to each class of interruptible customers. —68— If service is temporarily suspended be- cause of any of the reasons set forth above, occurring through no fault or negligent act on the part of the Company, such suspension shall not be made the basis of any action or proceeding to terminate this franchise. The quality of the gas sold in the Village shall be the same as that sold to the Com- pany's customers in the City of Minneapolis. (Amended Section 5 adopted April 23, 1951; Published May 5, 1951.) Section 6. Extensions of Service. The. I/ Company agrees to lay such of its mains and pipes as come within its requirements for suburban service as soon as reasonably possible to do so. The Council of the Village shall have the right to make such reason- able rules and regulations as may be neces- sary to provide adequate and proper service. Section 11. Effective Date. This ordinance take effect and be in force from and such rental charge, as herein set forth; is not paid within thirty (30) days. after the shall after its passage and publication. 1946; Published beginning' of each semi-annual period, the Village clerk shall certify the same to the (Adopted October 14, October 17, 1946.) County Auditor of the County of Hennepin, and the same shall' be collected and the collection thereof enforced in the. same No. 231 manner, in all respects, as county and state taxes, and they shall be added to the said AN ORDINANCE REQUIRING THE taxes, subject to like penalty,, .costs and OWNERS, LESSEES OR OCCUPANTS OF "tom interest charges. The County Treasurer of ANY LOT, PARCEL OF LAND, BUILDING Hennepin County shall, when such sewer OR PREMISES SITUATED WITHIN THE ;, rental charges are collected by him, forth= CORPORATE LIMITS OF THE with pay them over to the`Village treasurer. VILLAGE OF EDINA AND DISCHARGING � Section 2. ,Installation of,..Meters. The village council shall have .power, by resolu- DOMESTIC SEWAGE, COMMERCIAL AND y tion, to require the owners, lessees or occu- INDUSTRIAL WASTES INTO THE SANITARY s pants of every parcel of land, building, or SEWERAGE SYSTEM OF SAID VILLAGE premises situated within the corporate. limits TO PAY A SEWER RENTAL CHARGE, t of the Village, designed, constructed .and OA used for commercial, residential,. or public AND TO DETERMINE THE BASIS OF THE purposes at their own cost, to install and Section 7. Rates: The Company agrees. for and in behalf of itself, its lessees, its RENTAL TO BE CHARGED PROPERTY WITHIN VILLAGE OF EQINA, SERVED continuously maintain..a meter, or, meters, which shall be. satisfactory to the village successors, and assigns that all authority and rights in this ordinance contained shall .THE DIRECTLY OR INDIRECTLY BY THE council, which id meter, or meters,, shall sa the amount of sewage discharged at all times be subject to all right, power, SANITARY SEWERAGE SYSTEM OF SAID measure into the sanitary sewerage system of the and authority now or hereafter possessed VILLAGE Village. by said Village or any other regulatory tribunal having jurisdiction thereover to Section 1. Sewer Rental Charge to be Section 3: Statements; Sewer Rental Fund. village clerk or an agent appointed regulate, fix, and control just, reasonable,,; and compensatory gas rates, except as here-' Paid. For the purpose of paying the share of the Village to the City of Minneapolis, -The by the village council; acting under the direction of said clerk; shall inafter limited. The Village recognizes that the entire suburban area adjacent to and for the operation and maintenance costs of the Minneapolis -St. Paul Sanitary District supervision and render to the owners, lessees, or occupants ► such on the first day of each near the City of Minneapolis, which includes the Village of Edina, may be regarded as sewage disposal system, and the Minne- apolis sewage system, and operation, main- property, semi-annual period, bills. for the amount the rental charge herein.set forth. a single zone for rate making purposes and has to tenance, repairs and administrative ex- a sewer of sewer The funds received from the collection of agrees that the Company the right insist upon a uniform rate for all of its \ penses of the Edina sewage system, lt,`rental charge is hereby levied and assessed sewer rental charges aforesaid shall. be deposited in separate fund, to be known consumers in said suburban area. All rates charged under this ordinance shall at all i against every lot, parcel of land, building, t,'or premises situated within the corporate a as the "Sewer Rental. Fund." ,These funds times be fair, just, and reasonable. 'A limits of the Village now or hereafter hav- shall- be used only for the purposes pro- vided for herein. Section 8. Accounting Reports. The Com- 1 in an connection with the sanitary sewer of the Village, or otherwise discharg- Section 4.. Council May Change Rates. pany agrees, on or before July 1 of each year, to file with the Village Clerk a copy system ding domestic sewage, commercial and in- todustrial waste, water or other liquids, either The village council may, by ordinance, in - crease, diminish, or.change the amount -and port to its security holders of its annualre re calendar ear, together for I directly or indirectly,, into the sanitary sewer be basis of the sewer rental charges. ,herein from time to time. the rec with a balance sheet and income statement system of said Village. The rental to so the within said Village is established, of the suburban division and a balance sheet and income statement for the Village charged property o0 hereby fixed and determined as follows: No: 232 of Edina on an allocated basis. Single Family Dwellings: $6.60 per year. AN ORDINANCE CREATING, Section 9. Forfeiture. If the Company i shall be in default in the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiv- ing notice from the Village of such default, the Village Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the Com- pany. The said notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that the Company is in default. Such notice shall be served in the manner provided by the laws of Minnesota for the service of original notices in civil actions. The reasonableness of any ordinance so passed declaring a forfeiture of the rights and priviliges granted by this franchise ordinance shall be subject to review by the United States District Court for the District of Minnesota, Fourth Division. Section 10. Acceptance. The Company shall, within thirty (30) days after the 1passage and publication of this ordinance, file with the Village Clerk its acceptance of the same in writing, signed by its proper officers and attested by its corporate seal. Multiple Dwellings: The same yearly rate ESTABLISHING AND FIXING THE LIMITS as single dwellings, multiplied by the num- AND TERRITORY OF SEWER :DISTRICTS `IN ber of families that such structure is de- THE VILLAGE OF EDNA.. signed to accommodate. Commercial Buildings: $13.20 per year. School Buildings- a graduated charge based on the enrollment of the school as of the first school day after January 1. The graduated rate shall be: . Enrollment of 400 or over .... $180.00 Enrollment of 300 to 400..... 150.00 Enrollment of 200 to 300..... 100.00 Enrollment of 100 to 200..... 50.00 Enrollment of less than 100... 25.00 Theater and Amusement Buildings: $24.00 per year, net. Golf Club Property: $60.00 per year, net. The foregoing charge shall be payable semi-annually, in advance, and shall be subject to a discount of ten per cent (10%), except as otherwise herein specified, if paid within fifteen (15) days from and after the beginning of each semi-annual period. If Joint Sewer District No. 1. The real prop- erty in the Village bounded by a line drawn as follows is hereby created and established as Joint Sewer. District. No. l: Commencing at the Northeast corner of the Northwest quarter (NW'/4) of Section Twenty (20), Township "Twenty-eight (28), Range -Twenty-four (24); thence West along the North line of said Section Twenty (20) to the. Northwest corner thereof; thence North alongthe East Line of Section Eighteen (18), Township Twenty-eight' (28), Range Twenty-four (24); to the Northeast corner of said Section Eighteen (18); thence West along the North line of said Section Eighteen (18) to the Southerly right of way line of the Minneapolis & St. Paul Suburban Railway Company; thence West- erly along said Southerly right'of way to the West line of said Section Eighteen (18); thence South along the West lines of Sec- tions Eighteen (18) and Nineteen (19) to the Southwest corner of the Northwest quarter —69— (NWT/a) of Section Nineteen (19); thence East along the East & West quarter lines of Sections Nineteen (19) and Twenty (20) to the Southeast corner of the Northwest quarter (NWY4) of Section Twenty (20); thence North to the point of beginning. Sewer District No. 3. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer'Districf No. 3: Commencing at the intersection of the present sewer in .West 50th Street and the center of Wooddale Avenue and extending South along the center of said Wooddale Avenue to the center of West 54th Street; thence East along the center of said West 54th Street and the center of Brookview Avenue; thence Northerly and Westerly along the center of said Brookview Avenue to its junction with West 52nd Street at the Point of intersection with the East Line of Lot One (1), Country Club, Wooddale Sec- tion, extended; thence North along said East line of Lot One (1) to the center of Minnehaha Creek; thence Westerly, North- erly,. Southerly and Northwesterly along the center line of said Creek to the line between Lots 22 and 23, said Country Club, Wooddale Section, extended to the center of said Creek; thence North to the sewer now constructed and laid in West 50th Street; thence West along said sewer to the place of beginning; reference being made to the plat of said Country Club, Wood - dale Section, and of South Harriet Park, according to the plats of said Additions on file and of record in the office of Register of Deeds in and for said Hennepin County, Minnesota, and to said streets and avenues shown upon said respective plats and as now laid out and used in said Village of Edina. Sewer District No. 4. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 4: Beginning at the Northwest corner of Lot One (1), White Oaks, an addition in Hennepin County, Minnesota; thence Southerly .along the Westerly line of said White Oaks Addition and along the East- erly line of Fairway Section, Country Club District, to the North line of West 50th Street as the same is now located in the said Village of Edina; thence East along the North line of said West 50th Street to the Southeast corner of Lot Sixty-two (62), Auditor's Subdivision No. 172; thence Northerly along the Easterly line of said Lot Sixty-two (62) and the Easterly line of Lot Sixty-three (63) in said Auditor's Sub- divison No. 172 to the center of West 49th Street in said Village; thence East along the center of said West 49th Street to a point directly South of the Southeast corner of Lot Thirty-eight (38), said Auditor's Sub- divison No. 172; thence North along the Easterly line of said Lot Thirty-eight (38) and Lot Fifteen (15), said Auditor's Sub. division No. 172, to the center of West 48th Street in said Village of Edina; thence West along the center of said West 48th Street to the point of intersection with the Southeasterly line of Lot Twelve (12), said White Oaks Addition, extended; thence Northeasterly alongsaid extended line to the Northeast corner of said Lot Twelve (12); thence in a Northwesterly direction along the Northeasterly linei of said White Oaks Addition to the Northeasterly corner of Lot Five. (5) in said White Oaks Addi- tion; thence Southwesterly along: the North- westerly line of Lot Five (5), said .White Oaks Addition, extended, to the center of Towne Road; thence Westerly along the Northerly boundary line of said White Oaks Addition to the place of beginning. Reference is hereby made to the. plats of said Additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 5. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 5: Commencing at the Southwest corner of Lot 21, Block 2, South Harriet Park Second Addition; thence North along the Easterly line of the alley in said Block 2, to the Northwest corner of Lot I in said Block 2; thence Northwesterly to the Southeast corner of Lot 10, Block 3, Glenview Addi- tion; thence West along the North line of West 52nd Street to the Southwest corner of Lot 8, Block 4, Glenview Addition; thence Northwesterly along the Northeasterly line of Arden Avenue to the most Westerly cor- ner of Lot 9, Block 4, Brucewood; thence Northwesterly to the Southeast corner of Lot 2, Block 1, Brucewood; thence West to the Southwest corner of sold Lot 2; thence North to the Northwest corner of said Lot 2; thence Northwesterly to the Southwest corner of Lot 6, Block 1, Brucewood; thence Northerly along the Westerly line of said Lot 6 to the most Northerly corner of said Lot 6; thence Easterly along a straight line to the Southwest corner of Lot 5, Block 4, Brucewood;-thence North to the Northwest corner of said Lot 5; thence East to North- east corner of said Lot 5; thence North along the West line of Glenview Addition to the Northwest corner of Glenview Addi- tion; thence East to the Northeast corner of Lot 8, Block 1, Glenview Addition; thence South to the Southeast corner of Lot 7, Block 1, Glenview Addition; thence East to the Northeast corner of Lot 6, Block 1, Glen- view Addition; thence South to the South- east corner of Lot 11, Block 2, Glenview Addition; thence East to the Northeast cor- ner of Lot 7, Block 2, Glenview Addition; thence Northeasterly to the Northwest corner of Lot 61, Auditor's Subdivision No. 171; thence East along the North line of said Lot 61 a distance of 300 feet; thence South to the Northeast corner of Lot 39, Block 1, South Harriet Park Second Addi- tion; thence Southerly along the Easterly lines of Lots 19 and 39 inclusive in said Block 1, to the Southeast corner of Lot 19 in said Block 1; thence West to point of beginning. Reference is hereby made to the plats of said Additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 6. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 6: Commencing at the most Northerly corner of Lot 2, Block 7, South Harriet Park; thence Southeasterly along the Southwesterly line of Park Place to the most Northerly corner of Lot 5, Block 7, South Harriet Park; thence Northeasterly to the most Westerly corner of -Lot 2, Block 1, Minnehaha Woods; thence Northeasterly _along the Northwesterly line of said Lot 2 to the. center line of Minne- haha Creek; thence Southeasterly along the center line of Minnehaha Creek to the East line of Lot 12, Block ,],.Minnehaha Woods; thence South to the Southeast corner of the North y2 of the SWY4 of the NEY4 of NEY4 of Section 19, Township 28, Range 24; thence West along the South line of said North Y4 of SWY4 of NEY4 of NEY4 of Sec- tion 19 to a point which is' 160 feet East of the East line of Park Place as platted in South Harriet Park; thence North to the Northeast corner of Lot 2, Block 2, Minne- haha Woods; thence West to the Northwest corner of said Lot 2; thence North to the point of intersection of the -West line of Lot 1, Block 2, Minnehaha Woods with the extension Easterly of the North line of Lot 8, Block 7, South Harriet Park; thence West to the Northwest corner of said Lot 8, Block 7, South Harriet Park; thence North to the Northeast corner of Lot 1.5, in said Block 7; thence Northwesterly along the Northeast- erly line of Lot 16 in said Block 7, to the Southeast corner of Lot 1 in said Block 7; thence Northeasterly to the point of begin- ning. Reference is hereby made to. the plats of said Additions on fife and of record in the office of the Register of Deeds. in and for said Hennepin County. Sewer District No. 7. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. -7: Commencing at the Northwest corner of Lot 1, Block 10, South Harriet Park, thence East to the most' Northerly. corner of Lot 1, Block 7, South Harriet Park; thence South- easterly along the Northerly line of said Lot 1 to the Northeasterly' corner thereof; thence Southwesterly to the Southeast corner of said Lot 1; thence Southeasterly along the Northeasterly line of Lot 16, Block 7, South Harriet Park to the Northeast corner of Lot 15 in said Block 7; thence South to the Northeast corner of Lot 8 in said Block 7; thence East along the North line of said Lot 8 and the same produced to the West line of Lot 1, Block 2, Minne- haha Woods; thence South to the South- west corner of said Lot 1; thence East to the Southeast corner of said Lot 1;, thence South along the West line of Lot 5, Block 2, Minnehaha Woods and the same produced to the North line. of the South Half of the SWY4 of the NEB/4 of the NEY4 of Section 19, Township 28, Range 24 thence East along said North Line of South Half of SWy4 of NEA of NEA of Section 19 to the North- east.corner thereof; thence South along the East line of said South Half of SWY4 of NEA of NEy4 of Section 19 to the South- east corner thereof; thence West to the Northeast corner. of the SWY4 of .the NET/4 of Section 19, thence South to the South- east corner of the. North s/4 of .said SW% of NEA of Section 19; thence West along the South line of said North s/4 of SWY4 of NEY4 of Section 19,` and the same pro- duced to a point 217 feet West of the center line of Wooddale Avenue; thence North to the Southeast corner of Lot 20, Block. 4, Subdivison.of Littel Park; thence -70- West -to the Southwest corner of Lot 14 in said Block 4; thence North to the North- west corner of Lot 13, Block 1, Subdivision of Littel Park, thence East to the Northeast corner of Lot 7 in said Block 1; thence North to a point in the South line of Hansen .& Parks First Addition which is 217 feet West of the center line of Wooddale Avenue; thence East along the South line of Hansen & Parks First Addition and the same pro- duced to the East line of Wooddale Avenue; thence North to the. Northwest corner of Lot 17, Block 10, South Harriet Park; thence East to the Northeast corner of said Lot 17; thence North to point of beginning. Reference is hereby made to the plats of said Additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 8. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 8: Commencing at a point in the center line of State Aid Highway No. 20 (West 50th Street) . which is distant 830 feet South- westerly measured along said center line from the center line of Wooddale Avenue; thence Westerly along said center line. of State Highway No. 20 to its intersection with the West line of Section 18, Township 28, Range 24; thence South along the West line of said Section 18 to the Northerly line of Hopkins Road as platted in Tingdale Brothers Brookside, Hennepin County, Minn.; thence Westerly along the Northerly line of said Hopkins Road to the Southwest corner of Lot 7, Block 8, Tingdale Brothers Brookside; thence North to the Northwest corner of said Lot 7; thence West along the South lines of Lots 2, 3 & 4 in said Block 8 to the Easterly right of way line of the Minneapolis Northfield and Southern Rail- way; thence North along said railway right of way line to the center line of West 48th Street; thence West along the South line of Brookside Terrace and the South line of Clevelands Subdivision of Emma Abbott Park to the Southwest corner of Lot 12 in Block 2 of said Cleveland's Subdivision; thence North to the Southwest corner of Lot 9 in Block 15 of said Cleveland's Sub- division; thence East to the Southwest corner of Lot 13 in Block 14 of said Cleveland's Subdivision; thence North along the center line of said Block 14 and the some extended to the Southerly line of Lot 19, Emma Abbott Park; thence Easterly along the Southerly line of said Lot 19 to the South- east corner thereof; thence North along the East line of said Lot 19 to the Northeast corner thereof; thence East along the North line of Section 28, Township T17, Range 21 to the Northeast corner of said Section 28; thence South along the East line of said Section 28 to. the Northwest corner of Section 18, Township 28, Range 24; thence East along the North line of said Section 18 to the Southerly right of way line of the Minneapolis & St. Paul Suburban Railway Co.; thence Southwesterly along said rail- way right of way line to the West line of said Section 18; thence South along the West line of said Section 18 to the North- west corner of Lot 7, in Block 3 of Country Club District, Brown Section; thence Easterly to the Northeast corner of said Lot 7; thence Northeasterly to the most Northerly corner of Lot 18, Block 4, .Country Club District, Brown Section; thence Southeaster- ly -to the most Easterly corner of said Lot 18, thence Southeasterly to the Northwest corner of Lot 7, Block 6, Sunny Slope Sec- tion, Country Club District; thence North- easterly along the rear line of said Block 6 to the Northeast corner of Lot 5 in said Block 6; thence Southeasterly along the rear lines of Blocks 6 and 3 in said Sunny Slope Section to the most Easterly corner of Lot 9 in Block 3 of Sunny Slope Section; thence Southeasterly along the Westerly shore line of Minnehaha Creek to the point of beginning. Reference is hereby made to the plats of said Additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 9. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 9: Commencing at the Northwest corner of Section 19, Township 28, Range 24; thence East along the North line of said Section to the Northwest corner of Hansen and Parks First Addition; thence South along the West line of said Addition to the South- west corner thereof; thence East along the South line of said Addition to a point which is 217 feet West of the center line of Wood - dale Avenue; thence South and parallel with Wooddale Avenue to the South line of the North Half of the Northeast Quarter of the Northwest Quarter of Section 19; thence West along said South line of North Half of Northeast Quarter of Northwest Quarter of Section 19 to the East line of the West Half of the Northwest Quarter of Section 19; thence South along said East line of the West Half of the Northwest Quarter of Section 19 to its intersection with the Westerly extension of the East and West center line of Block 3, Subdivision of Littel Park; thence East along the East and West center lines of Blocks 3 and 4, Sub- division of Littel Park to the Southeast corner of Lot 20, Block 4, Subdivision of Littel Park; thence South and parallel with Wooddale Avenue to a point which is 165 feet South of the South line of Subdivision of Littel Park; thence West and parallel with the South line of Subdivision of Littel Park to the East line of the West Half of the Southwest Quarter of the Northwest Quarter of Section 19, Township 28, Range 24; thence South along said East line of West Half of Southwest Quarter of Northwest Quarter of Section 19 to a point which is 584.35 feet South of the Northeast corner of the Southwest Quarter of the Northwest Quarter of Section 19, Township 28, Range 24; thence West and parallel with the North line of the Southwest Quarter of the North- west Quarter of Section 19 to the West line of said Section 19; thence North along said West line of said Section 19 to the place of beginning. Reference is hereby made to the plats of said Additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 11. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 11: Commencing at the point of intersection of the center line of Thielen Avenue and the North line of Motor Street (44th Street); thence West along the North line of Motor Street to the East line of Lot 3, Auditor's Subdivision number 176; thence- North to the Northeast corner of said Lot 8; thence West to the Northwest corner of Lot 7, Auditor's Subdivision number 176; thence South along the West line of said Lot 7 to the North line of Motor Street; thence West along the North line of Motor Street to the point of its intersection with the West line of Main Street (Brookside Avenue); thence South to the North line of the right of way of the Minneapolis and St. Paul Suburban Railway; thence West along the North line of said right of way to a point due North of the Northwest corner of Lot One (1), in Block Thirteen (13), Cleveland's Subdivision of Emma Abbot Park; thence South to the Northwest corner of said Lot One; thence South along the West line of Lots 1 to 11, inclusive, of Block 13, and the West line of Lots 1 to 12, inclusive, of Block 4, in Cleve- land's Subdivision of Emma Abbot Park, to the Southwest corner of Lot 12 of Block 4 in Cleveland's Subdivision of Emma Abbot Park; thence East along the South line of said Lot 12 and the South line of Seventh Street to the East line of Main Street (Brook- side Avenue); thence North along the East line of Main Street (Brookside Avenue) to the North line of the right of way of the Minneapolis and St. Paul Suburban Railway; thence East along the North line of said right of way to a point due South of the point of beginning; thence North to the point of beginning. Reference is hereby made to _plats of said additions and subdivisions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sewer District No. 12. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sewer District No. 12: Commencing at the point of intersection of the center lines of France Avenue .and W. 54th St.; thence running East along the center line of W. 54th St. (which is also the division line between the Village of Edina and the City of Minneapolis) to a point one hundred sixty-four and nine - tenths feet (164.9') East of the center line of Beard Avenue; thence South along the East line of Lots 7 to 11, inclusive, Block 1, White Investment Company's Hidden Valley, to the centerline of Abbott Place; thence in a Northwesterly direction .along the center line of Abbott Place to the center line of Beard Avenue; thence South along the center line of Beard Avenue to the point of intersection with the South line of Blocks 7 and 8, Woodbury Park near Lake Harriet, extended; thence in a Southwesterly direc- ion along the South line of said Blocks 7 and 8, to the center line of Drew Avenue; thence North along the center line of Drew Avenue to the point of intersection with the South line of Blocks 5 and 6, Woodbury Park near Lake Harriet, extended; thence West along the South line of said Blocks 5 and 6, to the center line of France Avenue; thence North along the center line of France Avenue to the point of beginning. Reference is hereby made to plats of said additions and subdivisions on file and -71- of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 13. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sanitary Sewer District No. 13: Commencing at the point of intersection of the center line of West 54th Street and the center line of Xerxes Avenue South; thence South along the centerline of Xerxes Avenue Southto the center line of West 58th Street; thence West along the center Line of West 58th Street to a point 183.0 feet West of the center line of France Avenue; thence West along the center line of West 58th Street to a point 183.0 feet West of the center line of France Avenue; thence North along a line 183.0 feet West of and parallel with the center line of France Avenue to the center line of Minne- haha Creek; thence in a meandering course North and East along the center line of Minnehaha Creek to the point of inter- section with the center line of West 54th Street; thence East along the center line of West 54th Street to the point of beginning. Reference is hereby made to plats of said additions and subdivisions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 14. The real property in the Village bounded by a line drawn as follows is hereby created and established as Sanitary Sewer District No. 14: Commencing at the point of intersection of the North line of West 52nd Street with the West line of Halifax Avenue; thence East along the North line of West 52nd Street to a point 135 feet East of the East line of Halifax Avenue; thence North parallel with the center line of Gorgas Avenue to the North line of Lot 56, Audi- tor's Subdivision No. 172; thence East along the North line of said Lot 56 to a point 135 feet West of the West line of France Avenue; thence South parallel with the center line of Gorgas Avenue, to the South line of West 52nd Street; thence West along the South line of West 52nd Street; thence West along. the South line of West 52nd Street to the West line of Halifax Avenue; thence North along the West line of Halifax Avenue to point of beginning. Reference is hereby made to plats of said additions and subdivisions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 15. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 15: Commencing at the point of intersection of the East line of East Sunnyslope Road extended with the center line of West 50th Street; thence Northwesterly along the East line of East Sunnyslope Road to the South- west corner of Lot 9, Block 3, Sunnyslope Section, Country Club District; thence along the Southerly and Southeasterly line of Lot 9, Block 3, Sunnyslope Section, Country Club District, to its intersection with Minnehaha Creek; thence in a Northerly and Westerly direction in a meandering course along Minnehaha Creek abutting Lots 1 to 10 inclusive, Block 3, and Lots 1 to 4 inclusive, Block 6, Sunnyslope Section, Country Club District, to the most Northerly corner of Lot 5, Block 6, Sunnyslope Section, Country Club District; thence in a straight line from most Northerly corner of Lot 5, Block 6, Sunnyslope Section, Country Club District, in a Northwesterly direction across Minne- haha Creek to the most Southerly corner of Lot 15, Block 4, Brown Section, Country Club District; thence in a Northwesterly di- rection along the Southwesterly line of Lot 15, Block 4, Brown Section, Country Club District, a distance of 150.25 feet to its intersection with the South line of Sunny- side Road; thence in a Northwesterly direc- tion across Sunnyside Road to the Northeast corner of Lot 4, Block 3, Brown Section, Country Club District; thence in a North- westerly direction in a straight line to the Northwesterly corner of Lot 4, Block 3; Brown Section, Country Club District; thence in a Southerly direction along the East line of State Highways 169 and 212 to its inter- section with the North line of Sunnyside Road; thence West along the North line of Sunnyside Road extended to the West line of State Highways 169 and 212; thence South along the West line of State Highways 169 and 212 to the point of intersection with the South line of Sunnyside, Road ex- tended; thence East along the South line of Sunnyside Road extended to the Northwest corner of Lot 20, Auditor's Subdivision 259; thence South along the West line of Lot 20, Auditor's Subdivision 259 to the Southwest corner of said Lot; thence East along the South line of Lot 20, Auditor's Subdivision 259 to the point of intersection with the West line of Section 18, Township 28 N, Range 24 W; thence South along the West line of Section 18, Township 28 N, Range 24 W to the center line of West 50th Street; thence along the center line of West 50th Street in an Easterly direction to the point of beginning. Reference is hereby made to plats of said additions and subdivisions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 16. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 16: Commencing at the Northeast corner of Lot 20, Block 1, Subdivision of Littel Park, thence South along the East line of said Lot 20 to the Southeast corner of said Lot; thence West along the South line of Lots 14 to 20 inclusive, Block 1, Subdivision of Littel Park, to the Southwest corner of Lot 14, Block 1, Subdivision of Littel Park; thence South along the West line of Lot 13, Block 1 and Lot 14, Block 4, Subdivision of Littel Park, to the Southwest corner of Lot 14, Block 4, Subdivision of Littel Park; thence West along the South line of Lots 1 to 10 inclusive, Block 3, Subdivision of Littel Park, to the West line of Concord Ave.; thence South along the East line of Lots 13. and 14, Block 4, Golf Terrace Heights 1st Ad- dition, to the Southeast corner of Lot 13, Block 4, Golf Terrace Heights lst Addition; thence West along the South line of Lot 13, Block 4, Golf Terrace Heights 1st Addition, to the Southwest corner of said Lot 13; thence North along the West line of Lots 13 to 19 inclusive, Block 4, Golf Terrace Heights 1st Addition, to the Northwest corner of Lot 19, Block 4, Golf Terrace Heights. -1st Addition; thence in an Easterly direction along the North line of Lot 19, Block 4, Golf Terrace Heights lst Addition, to the Northwest corner of Lot 10, Block 2, Sub- division of Littel Park; thence' East along the North line of Blocks 1 and 2, Subdivi- sion of Littel Park,.to the point of beginning. Reference is hereby made to plats'61 said additions and subdivisions, on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 17. The real property ,in the Village bounded: by a. line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 17: -Beginning at a point in the.c enter line of West 56th Street at a point of intersection with the West line of Lot 8, Block 2, Colonial Square Addition , to the Village. of Edina, extended; thence South and Southeasterly along the West line of Lots 8, 7 and 6, Block 2, Colonial Square, to the most Southerly corner of Lot 6,, Block 2, Colonial Square; thence in an, Easterly direction .along South line of Lots 5, 4, 3, 2 and 1, Block 2,'Colo- nial Square, to the Southeast corner of Lot 1, Block 2, Colonial Square; thence East 164.9 feet along South line of the East one-half (E%2) of North one-half:. (N%2) of Southwest one-fourth (SW%4) of Northeast one-fourth (NE%4) of Section 19, Township 28 North, Range 24 West; thence North along East line of East one=half (E�/2) of North one-half (N%2) of . Southwest one- fourth (SWA) of Northeast one-fourth (NEB/4) of Section 19,'Township 28 North, Range 24 West to the center .line of West 56th. Street; thence West along the center line of West 56th Street to the point of beginning. Reference is hereby: made to plats of..said additions and subdivisions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Sanitary Sewer District No. 18. The real property in the Village bounded by a -line drawn as follows is hereby created and es- tablished as Sanitary Sewer District. No. 18: Commencing at a point 27.5 feet North of.the Northeast corner of Lot 21, Auditor's Subdivision No. 172; thence West parallel to and 27.5 feet North of the -North line of said Lot 21 a distance of 669 feet to the Westerly line of the East 172 feet of Lot 36, Auditor's Subdivision No. 172; thence South along this Westerly line of the East 172 feet of Lot 36, Auditor's Subdivision No. 172 a distance of 327.5 feet; thence East in a straight line parallel to and distant 173 feet North from the center line of West 50th Street a distance of 669 feet to the South- east corner of Lot 25, Auditor's Subdivision No. 172; thence North along the East line of Lots 20, 27, 22, 23, 24 and 25, Auditor's Subdivision No. 172 a distance of 327.5 feet to the point of beginning. Sanitary Sewer District No. 19. The real property in .the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 19: Beginning at the Southeast corner of Lot 50, Auditor's Subdivision No. 172; thence South in a straight line along the East line of Lot 19, Auditor's Subdivision 172, and across West 49th St. to the North- -72- east corner of Lot 20, Auditor's Subdivision 172; thence South in a straight line along the East line of Lot 20, Auditor's Subdivision 172, a distance of 137.5 feet; thence in a straight line West across Lots 20, 31, 32, 34, 35, 36 and 37, Auditor's Subdivision 172, to a point in the West line of Lot 37, Auditor's Subdivision. 172, which is 137.5 feet South of the Northwest corner of said Lot 37; thence North in a straight line a distance of 137.5 feet to the Northwest cor- ner of Lot 37, Auditor's Subdivision 172; thence West along the South line of West 49th St. to the West line of Maple Road; thence North along the West line of Maple Road to its point of intersection with the North line of West 49th St. extended; thence East along the North line of West 49th St. extended to the Southwest corner of Lot 19, Auditor's Subdivision 172; thence North in a straight line along the West line of Lot 19, Auditor's Subdivision 172, to the Northwest corner of said Lot 19; thence East along the North line of Lot 19, Audi- tor's Subdivision 172, to the Northwest cor- ner of Lot 50, Auditor's Subdivision 172, thence South along the West line of Lot 50, Auditor's Subdivision 172, to the Southwest corner of said lot 50; thence East along the South line of Lot 50, Auditor's Subdivision 172, to the point of beginning. Sanitary Sewer District No. 20. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 20: Beginning at the point of intersection with the center line of Minnehaha Creek and France Avenue; thence South along the cen- ter line of France Avenue to its point of intersection with the center line of West 57th Street; thence East on the center line of West 57th Street to its point of intersec- tion with the East line of Lot Three (3), Block One (1), Brookline Second Addition, ex- tended South; thence North along the East lines of Lots Three (3) and Four (4), Block One (1), Brookline Second Addition, and Lots Eight (8) to Fourteen (14) inclusive, Block One (1), Edina Hills, to the most East- erly corner of Lot Fourteen (14), Block One (1), Edina Hills; thence in a Northwesterly direction on the Northeasterly line of said Lot Fourteen (14) a distance of Seventy-nine and Five -tenths feet (79.5') to the most Northerly corner of said Lot Fourteen (14); thence in a Northwesterly direction across Chowen Avenue on a straight line to the Southeast corner of Lot Six (6), Block Two (2), Edina Hills; thence in Northwesterly di- rection on the Easterly line of said Lot Six (6) to the Northeast corner of said Lot Six (6) and continuing on this Easterly line of said Lot Six (6) to its point of intersection with the center line of Minnehaha Creek; thence in a meandering course South and West along the center line of Minnehaha Creek to the point of beginning. Sanitary Sewer District No. 21. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 21: Commencing at a point of intersection of center line of West 58th Street and East line of France Avenue; thence East along center line of West 58th Street a distance of 133.54 feet; thence Southerly on a line parallel to center line of France Avenue to center line of West 60th Street; thence West along the center line of West 60th Street and West 60th Street extended West to its point of intersection with the East line of Park Place as now dedicated; thence North along said East line of Park Place to its point of intersection with center line of West 58th Street; thence East along center line of West 58th Street to point of begin- ning. Sanitary Sewer District No. 22. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Sanitary Sewer District No. 22: Commencing at the Northwest corner of Lot 18, Block 6, Sunnyslope Section of Country Club District; thence in an Easterly direction along the North lot line of said Lot 18 to the Northeast corner of said lot; thence in a Southerly direction along the East lot line of said Lot 18 to its point of intersection with the North lot line of Lot 10, Block 5, Sunnyslope Section of Country Club District, extended; thence in an Easterly di- rection along the North lot line of said Lot 10, Block 5, to the Northeast corner of said Lot 10, Block 5, thence in a Southerly direction along the East lot line of Lots 10 and 9, Block 5, to the Southeast corner of Lot 9, Block 5, which is the North line of West 50th Street; thence in a Northeasterly direction along the North line of West 50th Street to the Southwest corner of Lot 19, Block 6, Sunnyslope Section of Country Club District; thence in a Northerly direction to point of beginning. No. 233 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF LATERAL SEWER DISTRICTS IN THE VILLAGE OF EDINA Lateral Sewer District No. 1. There is hereby established Lateral Sewer District No. 1 of the Village of Edina, which district shall embrace all that portion of the Village comprising Lots numbered 11, 12, 13, 14 and 15 in Block 2, Fairway Section Coun- try Club District, Lots numbered 11, 12, 13, 14 and 15 in Block 3, Fairway Section Country Club District; Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block 11, Fairway Section Country Club District; and Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block 10, Fairway Sec- tion Country Club District. Lateral Sewer District No. 2. There is hereby established Lateral Sewer District No. 2 of the Village of Edina, which district shall embrace all that portion of the Village of Edina comprising Lots numbered 25, 26, 27, 28 and 29 in Block 11, Fairway Section Country Club District, and Lots 6, 7, 8, 9 and 10 in Block 12, Fairway Section Country Club District. No. 234 AN ORDINANCE GRANTING A FRANCHISE FOR CONSTRUCTION OF A LATERAL SEWER COMMENCING AT UNITY AVENUE AND WIND ROAD, PROCEEDING ALONG WIND ROAD TO A POINT ADJACENT TO LOT 1, BLOCK 1, GOLF TERRACE HEIGHTS FIRST ADDITION Section 1. A franchise is hereby granted to J. LeRoy Kelly, hereinafter sometimes referred to as the "licensee," to construct and place a lateral sewer, constructed in accordance with specifications approved by the village engineer, commencing at Unity Avenue and Wind Road, proceeding along Wind Road to a point on Wind Road ad- jacent to Lot 1, Block 1, Golf Terrace Heights First Addition, appropriate to serve said lot. Section 2. Said lateral sewer shall be connected to the village sewer at Unity Ave- nue and Wind Road and shall not be dis- connected except with the consent of the council. Section 3. The entire cost of said lateral sewer shall be borne by said licensee. Section 4. Said licensee shall permit any person making application therefor and paying the connecting fee hereinafter au- thorized to connect onto the lateral sewer authorized hereby. Said licensee shall col- lect a connecting charge from any and all persons connecting onto the lateral sewer authorized hereby. The amount of said connection charge shall be the amount de- termined by the licensee but shall not ex- ceed an amount equal to 506/6 of the cost of construction of said lateral sewer. Section 5. Upon the making of the con- nection authorized by Section 4,the licensee shall give a receipt to the person making said connection and unless the person mak- ing such connection shall be this Village, the licensee immediately shall file a dupli- cate receipt with the clerk of this Village. Section 6. In consideration of the permis- sion to connect onto said lateral sewer the Village agrees to maintain said lateral sewer constructed pursuant to this ordi- nance. Section 7. Said licensee may at any time surrender the right and franchise granted hereunder and in such event the licensee shall transfer and assign all of his right, title and interest in and to the lateral sewer constructed hereunder to the Village without further charge, and thereupon the right of said licensee to collect a connecting charge from persons thereafter connecting onto said lateral sewer or any extension thereof shall cease. Section 8. The Village. shall at all times have an option, to be exercised upon ten days' written notice, to said licensee to pur- chase and acquire all of the right, title and interest of the licensee in and to the lateral sewer constructed pursuant to this ordinance by paying to said licensee an amount equal to 50% of his total unrecovered cost. Section 9. At such times as said licensee shall recover an amount equal to 50% of the cost of said lateral sewer in accordance with Section 4 hereof through connecting charges as provided herein, all of his right under the franchise granted by this ordi- nance shall terminate and he shall assign and transfer all of his right, title and inter- est in and to said lateral sewer to the Village without charge and the right of said licensee thereafter to collect further con- necting charges of any nature whatsoever shall cease. Section 10. Within thirty days after com- pletion of said lateral sewer the licensee shall file with the village clerk a statement of the cost of said lateral sewer, which -73- statement shall first be approved by the village engineer. Section 11. The franchise granted hereby may be assigned with the consent of the village council. Section 12. Upon acceptance of this fran- chise by said licensee the obligations im- posed upon said licensee shall be binding upon him, his heirs, executors and assigns. Section 13. Acceptance of the franchise granted hereunder shall be evidenced by a written statement of acceptance filed by said licensee with the clerk of this village within thirty days after the adoption of this ordi- nance. Section 14. The payment by any person of the connecting charge provided for here- in shall not relieve such person of the neces- sity of paying such other charges or assess- ments therefor as this council may hereafter impose, but no further charges or assess- ment shall be made against Lot 1, Block 1, Golf Terrace Heights First Addition by rea- son of any extension of the lateral sewer constructed pursuant to this franchise. Section 15. This ordinance shall be in full force and effect from and after its passage and publication. (Adopted August 9, 1948.) No. 241 AN ORDINANCE PRESCRIBING RATES, CHARGES AND REGULATIONS FOR THE VILLAGE WATERWORKS SYSTEM Section 1. Water Rates Established. The water service regulations, rates and charges hereinafter set forth are adopted as the official water service regulations, rates and charges of the waterworks system of the Village. The Village reserves the right and power to amend this ordinance from time to time as the need or propriety thereof arises, and the rates and charges herein specified may thereby be increased or de- creased. Section 2. Terms of Transfer of System to Yillage. The contract under which the Vill- age purchased the waterworks system from the Country Club District Service Co. pro- vided for transfer of the waterworks system to the Village free and clear of all liens of every description, and the Village recog- nizes no liability of the Country Club District Service Co., nor any other obligation of any nature, expressed or implied, and in par- ticular no obligation is recognized to refund any part of the cost of mains or service lines paid for, either by customers directly, or by contributions in aid of construction made to the said Service Company, and no refunds will be made regardless of future connections to any mains or service lines so built. Section 3. Rates. All permanent estab- lished services, whether public or private, as well as all new services, shall be metered and charged at the following rates, with the exception of the specific annual flat charges hereinafter set out: (a) Water consumed will be charged on the basis of meter readings at the follow - Ming rates per 100 cubic feet gross: Gross Net first 3,000 cu. ft............. 19.8c 18c next 3,500 cu. ft............. 18.7c 17c b t o- next 4,500 cu. ft............ 17.6c 16c excess over 11,000 cu. ft...... 16.5c 15c d The gross rates shall apply unless the bill ')is paid within the discount period, in which t? case the net rates shall apply. Water con- sumed in the district described as the East -.side of Beard Avenue from 54th Street to Fuller and both sides of Abbott Place from 54th Street to Beard Avenue will be charg- ed at the rate of 23.3c per 100 cubic feet gross, or 21c per 100 cubic feet if paid within the discount period. The aforemen- tioned excepted district is serviced with water purchased by the Village from the City of Minneapolis, and the Council has duly considered all pertinent facts and finds that the higher rate is fair and reason- able. (b) A minimum charge of $3.00 per quar- ter will be made where water consumption amounts to less. (c) The following flat annual charges shall be made by the water system, and will be subject to increase when necessary: (1) Sewer Department for water used in flushing..............$200.00 (2) Park Department for water used for sprinkling and skating rinks. 50.00 (3) Street Department for water used in flushing streets........ 50.00 Section 4. Current Services, Meter Read- ing and Billing. (a) Meters will be read quarterly. In the event meter readers cannot reach the meter on first call, one call back will be made. If reader is still unable to reach meter an estimated bill will be rendered. The esti- mated consumption shall be that of the cor- responding quarter in the preceding year, or of the last preceding quarter, for meters installed less than one year. (b) All bills will be payable at the Edina Village Hall within 15 days of date ren- dered and no discount shall be allowed after said 15 days' period has elapsed. (c) Delinquent notices will be mailed 20 days after original bills, and water service will be discontinued to any accounts delin- quent 60 days. A charge of $2.00 will be made and shall be payable before service is restored. (d) A flat charge of $5.00 will be made for repair and calibration of any meter in- jured on the customer's premises, or for test made at the instance of the customer if the meter is found to be accurate within the generally acceptable tolerance. (e) The water system reserves the right to remove any meter at any time for test or calibration on its own initiative and at its own expense. Meter replacements will be charged for at the same rate as new meter installations and any repairs found neces- sary in the process of making such a test, including the removal of lime deposits, etc., will be charged to the customer at cost of parts and labor. (f) A service charge of $2.00 will be made for shutting off curb stops or re-establishing service at the customer's request, or if serv- ice is discontinued for non-payment of bills. (g) In the case of broken or leaking serv- ice line (between corporation cock and meter) the consumer shall be required to make necessary repairs within five (5) days after notification by the water system. In the event of consumer's failure to make such repairs, as above provided, the water sys- tem is authorized and directed to discon- tinue service or to have such repairs made, and to charge the costs thereof to the con- sumer's water account. (h) In the case of serious breaks where loss of water may be substantial, water serv- ice may be discontinued until repairs are made. Section 5. Connections to Lots Not As. sessed. Connections to lots beyond the boun- dary of adjacent assessment districts shall be permitted upon payment of or assessment for connection charge equivalent to the as- sessment levied against similar frontage in the created water district to which con- nected. The petition and agreement for as- sessment must provide that in case of exten- sions replacing the temporary connection permitted, additional cost over the amounts paid or assessed may be assessed in con- nection with the new district, or if such cost is less, such excess may be refunded to the person who made the payments. Any re- ceipts from such payments shall be held in a special reserve and applied to equalize any future assessment against the property served by such connections. A waiver of protest against assessment in any future dis- trict in which the lot served is located must be signed at time connection permit is ap- plied for. Section 6. Water System to Pay Taxes. The waterworks system will be charged with the amount of any local taxes for Village or school functions, and the amount of such taxes remitted to the general funds of the Village or School District in the ratio of the two levies, in accordance with Section 6 (b) of that resolution entitled "A RESOLUTION PROVIDING FOR THE ISSUANCE OF WATERWORKS REVENUE BONDS FOR THE PURPOSE OF PROVIDING MONEY FOR THE PURCHASE AND -IMPROVEMENT OF THE WATERWORKS PLANT AND SYSTEM," dated July 10, 1947. No. 242 AN ORDINANCE GRANTING A FRANCHISE FOR CONSTRUCTION OF A WATER MAIN COMMENCING AT 54th STREET AND HALIFAX AVENUE, PROCEEDING ALONG 54th STREET TO FRANCE AVENUE AND THENCE SOUTH ALONG FRANCE AVENUE TO 57th STREET Section 1. A franchise is hereby granted to Peder Mickelsen, hereinafter sometimes referred to as the licensee, to construct and place a water main eight (8) inches in diameter, constructed in accordance with specifications approved by the village engi- neer, commencing at 54th Street and Hali- fax Avenue, proceeding along 54th Street to France Avenue, and thence South along France Avenue to 57th Street. Section 2. Said water main shall be con- nected to the village main at 54th Street and Halifax and shall not be disconnected except with the consent of the council. Section 3. The entire cost of said water main shall be borne by said licensee. —74— Section 4. Said licensee shall permit the Village to connect fire hydrants on to said main at such places as it deems proper at the cost of the Village but without charge by licensee. Section 5. Said licensee shall permit any person making application therefor and paying the connection fee hereinafter au- thorized to connect on to the water main authorized hereby. Said licensee shall col- lect a connection charge from any and all persons connecting on to the water main authorized hereby or to any extension of said water main, whether said extensions are made by the Village or by private per- sons. The amount of said connection charge shall be a front foot charge for the property to be served in accordance with the follow- ing schedule: (a) If the property to be served by the proposed connection fronts on the portion of the streets in which the water main au- thorized hereby is located, such property shall pay a connection charge of Three and 18/100 Dollars ($3.18) per front foot. . (b) If the property to be served by the proposed connection does not front on the portion of the streets in which the water main authorized hereby is located, such property shall pay a connection charge of 25/100 Dollars ($0.25) per front foot. Pay- ment of such connection charge shall not prevent imposition of such other charges or assessments as the council may authorize. Section 6. Upon the making of connec- tions authorized by Section 5, the licensee ,shall give a receipt to the person making said connection, and unless the person mak- ing such connection shall be this Village the licensee immediately shall file a duplicate receipt with the clerk of this Village. Section 7. In consideration of the per- mission to install fire hydrants, pursuant to Section 4 above, the Village agrees to maintain the water main constructed pur- suant to this ordinance and the licensee shall be entitled to no other compensation for the installation or use by the Village of said hydrants. Section 8. Said licensee may at any time surrender the right and franchise granted hereunder and in such event the licensee shall transfer and assign all of his right, title and interest in and to the water main constructed hereunder to the Village without further charge, and thereupon the right of said licensee to collect a connection charge from persons thereafter connecting on to said water main or any extensions thereof shall cease. Section 9. The Village shall at all times have an option, to be exercised upon ten (10) days' written notice to said licensee, to purchase and acquire all of the right, title and interest of the licensee in and to the water main constructed pursuant to this ordinance by paying to said licensee the total amount of his unrecovered cost plus interest thereon at three per cent (3%) from January 1, 1947. Section 10. At such times as said licensee shall recover the total amount of the cost of said water main plus interest on the un- paid balances at three percent (3%) from January 1, 1947, in accordance with Sec- tion 5 hereof, through connection charges as provided herein, all of his rights under the franchise granted by this ordinance shall terminate and he shall assign and transfer all of his right, title and interest in and to said water main to the Village without charge and the right of said licensee there- after to collect further connection charges of any nature whatsoever shall cease. Pay- ments received by licensee through said con- nection charges shall be first applied against the then accrued interest and the balance against said cost. Section 11. Within thirty (30) days after completion of said water main the village engineer shall file with the village clerk a statement of the cost of said water main. Section 12. The franchise granted hereby may be assigned with the consent of the village council. Section 13. Upon acceptance of this fran- chise by said licensee the obligations im- posed upon said licensee shall be binding upon him, his heirs, executors and assigns. Section 14. Acceptance of the franchise granted hereunder shall be evidenced by a written statement of acceptance filed by said licensee with the clerk of this Village within thirty (30) days from the adoption of this ordinance. Section 15. The payment by any person of the connection charge provided herein shall not relieve such person of the necessity of paying such other charges or assessments therefor as this council may hereafter im- pose. Section 16. This ordinance shall be in full force and effect from and after its passage and publication. (Adopted May 27, 1946; published May 30, 1946.) — 75 — 10 D.CTv,{s'y(p n Oc�C� is ra ?L;,, A F_2 ".: Ci-iJ:t1'' a C�%NSTn'JCTIOPd OF A I i�T i� RA 7L, Ci >:� r�1%Di;' a 'P�i OOI; 77,�Tf.? "iG j DREWAVEME" SOUTH i ND {Ors.' Sr+' U , is y"I:=,,' ,)IIZ i'Oi�TH ALONG Di 0'd AVENUE SOUTH A r 13TATICE OF Ai'Fi�OXII-IATELY 231.2 F='.. THE HONORABLE VILLAGE. C,'UNCIL Or THE VILT,AGr, uF EDINA, PalINITESOTA, DO ORDAIN AS FOLLO.%S s Section 1. A franchise is in reb,y granted to Gov ii. Peterson and R. L. Haw- thorne hereinafter sor etirrct rc' -rred to as t o "Licenseest" to construct and place a water main and sei,Ter ?xtcrsion, constructed in accordance with speci- fications approved by the Village ,ng .zeez, co-M.,ioncing; at Drew Avenue South and 60th Street and extending North along Drew Avenue South a distance or approxi- mately 231.2 feet. Section 2. Said water main and sewer extension shall be connected to the Village facilities at Drew Avenue South and 60th Street and, shall not be dis- connected except with the consent of the council. Section 3. The entire cost• of said water main and sewer extnesion shall be borne by said Licensees. Section 4. Said Licensees shall permit the Village to connect fire hydrants on to said rain at such places as it deems proper at the cost of the Village but without charge by Licensees and shall p,�)rmit the Village or persons authorized by the V lag e Council, to connect future extensions Northerly along Drew t'atir :,.uE: : c t tt h t, o said water ,.gain and sewer extension at the cost of the Village or such authorized persons without charge by Licensees except as hereinafter provided. Section 5. Said Licensees shall pellait tiny pervrn makint application therefor and paying the connect-'e-on fee hereinafter Luthorized, to connect on to the said water main and./or sewer e;d',er_sio,l. Li.^ ��sees shall collect a connection charge from any and all persons con.nectinn on to r.izh said watermazn and/or sewer extension, or to any e. per..:_ .ons or ^yid 7;7"rvt�r main and/or sevier extension, whether such extensions are :.•ad.e �u,y the ;'i�_lr::o or by private persons. The amount of said connection cl.arge shall be a. front -foot charge for the property to be :served in, accordance with the following schedule; If the property to be served by the proposed connection fronts on the por 'l-on of Drew Avenue South :in which the water main and sewer ex ensi on authorized hereby are located, the connection charge for the connection to the water main and/or sewer extension shall be a sum computed as follows: The entire cost to I.,icensee.s of constructing said water main and/or sewer extension, as the case may be, shall be divided by the total front footage of property bordering on that part of Drew Avenue South in which the water main and sewer extension hereby authorized are located, and the result shall be multiplied by the front footage of the property to be serared by said water main and/or sewer extension. Included in the cost f1gires shall be interest at 5% per annum, not compounded, from December 10, 1952, to the date of each respective connection, on the unrecovered balance of such costs, provided, however, that eirht years' simple interest shall be the maximum interest chargeable. In determining; unrecovered costs, the share of such costs attributable to property wl.thin the area: owned on or after December 10, 1952) by Licensees, shall be considered as having been recovered. (b) If the property to be served by the proposed connection does not front on the portion of the street in which the zrrter Train and sewer extensio;. T 1r"1 i D.Li:,i1vL� N0. 243 - Pagc, _. hereby authorized are located, the coTnection fee shall. be computed on the basis of $.25 per front foot for connection to the water main and/or u.25 per front foot for connection to the sewer extension. Pay -rent of such connection charge shall not prevent im0 of such other charges or assessments as the Council may authorize. Section 6. For every connection charge hereby authorized, Licensees shall give a receipt to the person paying such charge and the Licensees shall file a duplicate receipt with the Clerk of this Village immediately thereafter. Section 7. aaid Licensees may at Any time surrender the right and franchise granted hereunder, and in such event the Licensees shall transfer and assign all of their right, title and interest in and to the water main and sewer extension constructed hereunder to the Village without further charge and thereupon the right of said Licensees to collect a connection charge hereunder shall cease, Section S. The Village shall at all times have �n option tc be exercised upon ten days' :~mitten notice to said Licensees, or dither of them, to purchase and acquire all of the rit7ht, title rmd interest of the Licensees in and to the eater *Hain and sewer extension constructed pursuant to the ordinance by paying to said Licensees the total amount of their unrecovered costs plu..s interest there- on at the rate of 3% per annum from December 10, 1952, provided, hourever, that eirht years' simple interest shall be the maximum interest chargeable. In determining unrecovered costs, the share of such costs attributable to property within this classified area owned on or after December 10, 1952, by Licensees, shall be considered as having been recovered. Section 9. At such tines as said Licensees shall recover the total amount of the cost of said water main and sewer extension plus interest as hereinbefore provided, all of their riEhts under this franchise shall tenainate and they shall assign and transfer all of their rights, title and interest in and to said water main and sewer extension to the Village without charge and the right of said Licensees thereafter to collect further connection charges of any nature whatsoever shall cease. Section 10. ?�:'ithin 30 days after completion of said water main and sewer extension, the Licensees shall file -mith the tillage Clerk a statement of the costs of said water main and sewer extension. Section 11. The franchise gra-ted hereby mt y be assimed only frith the con- sent of the Village Council, Section 12. Upon acceptance of this franchise by said Licensees, the obliga- tions imposed upon said Licensees shall be binding upon them., their heirs, executors and assigns. Section 13. Acceptance of the franchise granted hereunder shall be evidenced by a written statement of acceptance filed by said Licensees with the Clerk of this Village within 30 da,Ts after the adoption of this ordinance. Section 14. The payment of any person of the connection charge provided herein shall not relieve such person of the necessity of paying such other charges or assessments therefor as the Village Council may hereafter imposes _2-- Oi'BINj'd4CL NO. 243 a Page 3. � 0 0 Section 15. This ordinance shall he in full force and effect from and after its passage and publication, Passed by the Village Council thdr, 26th day of January, 1953. Sitmed) REUB-.! F. ERICK.SOIN ATTEST: 11,'ayor (SiE-ned) EVALD C. .BANK Village Clerk Published in 1"dina--2'.0-rningside Courier February 12, 1953. ORDINANCE NO. 244 AN ORDINANCE GRAN` 11!G I! MiNCHISE F01t CONSTRUMON OF A z,iATER 1,71L AND I%PKTT ?vI HCES JUM OPERIATION OF A I,,ATER SYSTLIT S:'ITHIN A PRESC-RIBED AREA. THE, VILLAGE COLIICIL OF Ttl; VILLAGE OF UIIdA, H2NIuF,PI11 COLiTY, rlx^R'L�07A, DO ORDAIN .aS FOLLO':'S: Section 1. A franchise is hereby granted to The Stow Company, hereinafter sormet,Lmes refer -red to as the "Licensees', to construct and operate a private i�.ater sy >epn by drilling a iA�7al1 on Tots One and Two (1 and 2), Block Eight (8), Brook -view Heights First Addition, and connecting said well to water mains hereafter installed by the Village in the following described area: "Commencing at the point of intersection of State Highway No. 100 and the North Bound.—Inj mine of Brookview Heights First Addition; th. South on State Highway '�To. IOC, to 7�;,70th Street; th. Southwasterly along 7.70th Street to the ",;rest Section Line of Section Nine, Township One Hundred Si, -,teen North, Range Twenty-one Test (Sec.9,Twp.116N.,R.21'•ti.) ; th. Northerly along said section line to Northwest Corner of said section; th. Northerly along ?Vest Section Line of :.section Four, Toi,nship One Hundred Sixteen North, Range Twenty --one •rest (Sec.4, Ti•.p.1161%,R.217), to ::oath Boundary Line of Brookview Heights First Addition; th. '.rest along said South Boundary Line to Southwest Corner of Lot Eighteen (18), Block right (8), Brool:view Heights First Addi- tion; th. Northerly along !Test line of Lots One (1), through Eighteen (18), Block Eight (8), to Northwest Corner of Lot Onc (o.), Block Eight (8) Brook - view Heights first Addition; th. Nast to a point Thirty Feet (30 ft.j North of the Northeast Corner of Lot One (1), Block One (1), Brookview Heights First Addition; th. South along the last lot .lines of Lots One (1) to Six (6) inclusive, Block One(1), Brookview Heights First Addition, to the Northwest Corner of Lot Eleven (11), Block One (1), said Addition; th. East along Lots Eleven and Twelve (11 and 12), Block One (1), said Addition to the Northeast Corner of Lot Twelve (12), Block One (1); th. South One Hundred Feet (100 ft.) to a point Eighty Feet (80 ft.) '.•Test of the Northeast Corner of Lot Thirteen (13), Block One (1), Drook�iehr Heights First Addition; th. South to the North- east Corner of Lot Seventeen: (17), Block One (1), said Addition; th. Last Four Hundred and Twenty Feet (420 ft.) to a point Forty Feet (40 ft.) East of the Northeast Corner of Lot Twenty-one (21), Block One (1). said Addition; th. South to the Northwest Corner of Lot Twenty-three (23), Block One (1); th. East to point of beginning." Section 2. In connection with the operation of. said private water system under said franchise Licensee shall be permitted to charge and collect water service charges for the water service within the area described in Section 1 above or in such other area as may be approved by the Village from time to time at no more than the charges for the sane or similar service charged and collected by the Village in the operation of its public water system. Section 3. Said Licensee in accepting t_ne s.renchise hereby granted covenants and agrees: (a) to construct at its sole cost a well, and to provide pumping equip- ment, pressure tank, pump house, and other equipment necessary to provide the water service herein, contemplated, which well and equipment, together with the land on which located, are hereinafter collectively referred to as the "well." Said well shall be constructed on Lots One and Two (1 & 2), Block Eight (8). Brookview Heights First Addition, in accordance with specifications approved by the Village Engineer and now on .file with the Clerk of the Village and within thirty days after completion of said well Licensee shall certify -1- ce No. 244 - Page 2. � 40 to the Village till cost of construction thereof exclusive of the cost of said pressure tank and the cost of said land, ?•rhich amount, upon acceptance by the Village. shall be the "original cost" of the Ezell. M To maintain said well free from all liens other than the lien for taxes not yet due. (e) To furnish w ter service within th-3 area described in Section 1 hereof and to operate and ma Lit -:,in said system, including said well and all mains connected thereto41, in sui stantially the sa^?e namier and condition as the Village shall operate end m irtain its pu� li c water system. (d) To permit the Village to connect lire hydrants onto the mains in said area at such places as it deem; proper at the cost of the Village and to furnish without cost to the Village ?rater needed for fire protect'_on and for other proper and customary public uses ?iithin the area specified in section 1 hereof. Section 4. (a) The Village shall have an option to purchase said well from Licensee at any -time for an amount equal. to the original cost of said well to Licensee, lass depreciation thereon equal to four (4) per cent per annum on the cost of the pulap and other equipment (except the pressure tank) purchased by the Licensee, and ti-ro (2) per cent per annum on the cost of drilling the well, including therein the cost of the pipe, from June 1, 1953, to the date of said option. (b) In the event that Licensee for any reason shall fail to perform the covenants and agree,,.n nts contained in Section 3 hereof and if Licensee shall fail to remedy said default within ten days after written notice from the Village specifying the nature of said default, the Village shall have the option to purchase said well for the sum of One Hundred Dollars ($'*100.00). (c) Exercise of said option to purchase shall be evidenced by mailing to Licensee a copy of a resolution adopted by the Council of said Village stating that said option is exercised as of a specified date and by tender to Licensee of the option price provided h ercan on or before said specified date. (d) In addition to the oboe ;:_ice above specified under either of said options the Village shal ]. buy IjoM ch e _:a_ct *}_ee 4-.71 unbil.led accounts for water and all accounts for ?;rater billed and no', snore than sixty days delinquent. (3) Upon exercise by the Village of either of said options, Licensee shall execute and deliver to the Village such conveyances and other instruments as may be necessary or desirable to vest title to said well in the Village and thereupon the franchise hereby granted shall terminate. Section 5. Licensee shall be under no obligation to furnish water service to areas outside of the area specified in Section 1 except for fire protection as hereinbefore provided, but ehe Licensee and the Village may mutually agree to render water seLJice to areas outside the area specified in Section 1. Section 6. The franchise hereby granted may be assigned with the consent of of the Village. Section 7. Upon acceptance of this franchise by said Licensee the obligations imposed upon said Licensee shall be binding upon him, his heirs, executors and assigns. Section g. Acceptance of the franchise hereunder shall be evidenced by a written statement of acceptance filed by Licensee with the Clerk of the Village within thirty days after adoption of this ordinance. -2- � is 0 ORDINANCE NO. 244 - Page 3. Section 9. This ordinance shall be in full force and effect from and after its passage and publication. Passed the Village Council this 9th day of Mlarch9 1953. ATT ,ST a (Signed) REUBEN F. ERICI':SON rSay or (Signed) VILD C. BANK, Village Clerk Published in Edina-Morninp side Courier !,larch 1.2 and 19, 1953. PPPP_ ORDINANCE NO. 245 I11I 'J01ll.DINA',10E G I , RP_'�TIINTG PM"USSION TO NORTILMN STATES PO!"M A!T7�T T 4.Lillll '­ ITS 3UCCESSOPS AND ASSICITS COT IF A1111TY E'SOTA CO11'PO7rL1�.'.1L1,"N$ e p TO EERECIPI jl,! ­1, —11 01 711RATTEI, RETTI AIR, AIM 11DIRFI-AIN, IN TH-I,' VILLi,GE, OF LINE'S AND AN T T CE11 ELECTEI-C D!6TR%I]T_jTI0N SYSTE,21,11, 74E MM POLES, POLE LIIMES , 1aSIL'S EF 7, GUBLES f, _i'!Zc t ES I -,Tl) 1, PFTRT:,,:,NANTCES ­ W T_ E V 1 Ll GE AND ITS e, INHABIII'UiTS) X".' 0 1 YT 11 3 Z T"IC NMGY INTO .,',ND THIPIOUGH Th. .0 USE T ] STREETS$ ALLEYS AIND PUBLIC G__`,OUh7DS OF SAID VILLAC."], SUCH 11 U-1, ' M S E S LLA VITTJ�GE EN 7, COUNTY, O:,ZDAINS AS FOLLOUS: THE VIT GE COUNCIL OF TH-7 L1 . OF EDINA, Ral _-�,PIN COUN Y10 Section to That there be and hereby is granted to Northern States Power Company, a Minnesota corporation,, its successors and assigns, hereinafter referred to as "Company", during the period of twenty (20) years from the date hereof, the right and privilege of erecting, installing, enlarging, operating, repairing,, and main- taining, in, on, over, under, and across the streets, alleys, and public grounds 0.1. said Village electric transmission lines and an electric distribution system, including all poles, ple lines, masts, wires, cables, lamps, transformers, and oth=r lMztures and appurtenances, usually., conveniently, or necessarily used in connection! therewith, for the purpose of transmitting and furnishing electric enerE-j for lilri,,t, heat, power, and. other purposes for public and private use in and to said Village and the inhabitants th,�reof, and others., and for the purpose of transmitting into and through said Village such electric energy, provided C.� that such transmission line;:, and electric distrib--tion systerr, shall be so located as in no way to interfere with the sallety and convenience of ordinary travel along and over ;;tiid streets and alloys, ard provided that Company, in the erection, installation, enlargement, operation, repair,; and maintenance of such poles, pole lines, �,rires, cabics, lan.ps., transformers, and other fixtures and appurtenances, shall be subjcect to such reasonable regulations as may be imposed by the Village Council.C-1 Section 2. Company agrees to maintain and operate efficiently its electric system. in the Village during the term hereof, to provide adequate service to its present customers and to nake reasonable extensions of its lines for the purpose of servicing, new customers ,;hen the revenue therefrom justifies the expense to Company of maldng the necessary extension. Because the Village linLits as now constituted are within the 1-linneapolis Metropol-itan Area, Co.,:apany agrees that the rates for electric service therein shall be reasonable and shall not exceed the Company's standard schedule of rates and minimum charges effective in the City of 11inneapolis. However., in the event of the imposition of local. license flies, taxes on earnings or other similar Village charges or regulations,, the Company shall then have the right to revise its electric rates to offset any resultant increase in the cost of doing business. Section 3. There is also granted to Company during the term hereof, permission and authority to trim all trees and shrubs in the streets, alleys and public grounds of said Villaginterfering with the proper erection, installation, enlargement., operation, repair., and maintenance of any poles, pole lines, masts, wires, cables, lamps, transbrmers, or any other fixtures or appurte- nances, installed in pursuance of the authority hereby granted, provided that 4PCompany shall save said Village harmless from any liability in the premises. -1- Or,T)INfIXE NO. 245 - Page 2. Sectio.7i 4. The Co.-apany shell exercise its privileges hereunder subject at a.11 times to the police power of the Village and shall not unnecessarily or unreasonably obstruct the use of or injure any street, avenue, or alley, and shall., upon the corinletion of any constructioa or repair, restore all streets, avenuer, and 01c,is of the Village whOLch shall be opened by it for any under- ground conduit or other facilitly of the Company to as nearly the same order acid condition as t`,oy ba.',Core the was made as is reasonably koep -- in ood condition for a period t izi= s I no on J s o' saiO streets, avenuP5, and alleys disturbee, t or its agents; provided that the thre�-month period shall be computed from the time of the closing of the excavation but in case of frost before the three-month period has expired, the same shall continue for the stated period after the frost leaves the ground. Any obstruction or excavation of any street., alley, park, boulevard, bridge or other public place, or any failure to properly fill and maintain such street, alley, park, boulevard, bridge or other public place after written notice deraanding removal or repair, as the case may be, shall be taken care of by the Village and the cost thereof -shall be charged ai,ainst the Company and may be deducted from any payments due it from the Village. Section 5.5" Nothing in this Ordinance contained shall be construed as giving. to Company any exclusive privilege in, on, over, under, or across the streets, alleys, or public grounds of said Village. Section 6. Ca.-apany shall have -full right and authority to assign to any per- son, persons, firm or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assif.,rnment shall. become subject to the terms and provisions of this Ordinance. Section 7. Conipany shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the Village Clerk within ninety (90) days from the date of the publication of this Ordinance. Section 8. This Ordinance shall be in full force and effect from and after its passage and publication, as provided by law. Section 9. All ordinances J-nances and parts of ordinances in conflict herewith are hereby repealed. PASSED A1,1D AT'PROW0: November 23, 1953. (Signed) FRED S. CHILD ATTEST: Ya,,)-or Pro Tem EVALD C. BANK Village Clerk Published in Edina-11orningside Courier December 3, 1953. A I* a No. 251 AN ORDINANCE ESTABLISHING A PERMANENT SYSTEM OF REGISTRATION OF VOTERS Section 1. Permanent Registration System Established. The Village of Edina hereby es- tablishes a permanent system of registration of voters of the Village, under provisions of Minnesota Statutes, Sections 201.01 through 201.24. The judges of election in any elec- tion district in this Village shall not receive the vote of any person whose name is not registered in accordance with the provisions of this ordinance. Section 2. Clerk Is Registration Commis- sioner. The clerk of the Village is, in addi- tion to his other duties, hereby constituted the Registration Commissioner of the elec- tion districts located in the Village. He shall have complete charge of the registration of all voters in the Village and shall discharge his duties in accordance with the provisions of Minnesota Statutes 1949, Chapter 201. Section 3. Report of Deaths. At least every 15 days the officer in charge of the death records of the Village shall report to the commissioner of registration the name and address of every adult person who has died while a resident in the Village of Edina since the last previous report of such officer concerning such deaths made to the com- missioner as provided in Minnesota Statutes 1949, Section 201.14. Section 4. Appointment of Deputies and Clerks. The commissioner of registration shall appoint such deputies, clerks and other em- ployees as may be necessary; provided, that no judge or clerk located in the Village shall act as registration officer or clerk. Section 5. Officers to Be Sworn. The com- missioner of registration, the deputy com- missioner of registration, and all other offi- cers, deputies, clerks and other employees, shall, before entering upon their duties, sub- scribe to an oath in such form as shall be provided by the attorney for the Village. --77 - � lb Qi1DId AECE NO. 252 AN 0 DINIu"ICF, FI '114': DATE OF '? GULAR, VILLAGE ELECTION THE VILLAGE COUNCIL OF T HL; VILLAGE OF ZDI" A, 1!,UrIJESUE , OIRLDAINS: Section 1. Date of Election. The regular village election shall be held annually on the first Tuesday after the first Monday in November in each year, beginning with the election to be held in 1955. Section 2. Effective Date. This ordinance shall be in full force and effect Ju-mmedi_ately upon its passage and publication. Adopted this Star day of Aug ustr 1955. (Signed) REUB°N F. ERICKSON AT T -,EST : Mayor yor (Signed) GFti: Ch" i S:`+.LDEi1 Village Clerk Published in Ediria-Mox-ningside Courier August 18 and 25, 1955. r 1 NO. 2bl AN ORDINANCE REGULATING THE LOCATION, SIZE, USE AND HEIGHT OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS AND THE DENSITY OF POPULATION IN THE VILLAGE OF EDINA, AND DIVIDING THE VILLAGE INTO DISTRICTS, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN THE VILLAGE Section 1. TITLE The short form title by which this ordinance may be referred tc shall be "The Zoning Ordinance of Edina". Section 2. DISTRICTS ESTABLISHED For the purposes of this ordinance, the Village shall be divided into the following districts, and the uses of structures and lands, the height of buildings and the area of premises for buildings are to be uniform in each dis- trict, except as special use permits may be required under Section 11 of this ordinance and special restrictions imposed thereby. Yb��lf Open Development District (Section 3). 0 Multiple Residence District (Section 4). Automobile Parking District (Section 5). Community Store District (Section 6). Commercial District (Section 7). Regional Shopping District (Section 8). Regional Medical District (Section 9). Office Building District (Section 10). The boundaries of said districts shall be as further provided herein. No build- ing shall be erected or premises used for any purpose unless in compliance with the use, height, area and other regulations and restrictions prescribed for the district in which such building or premises is located. Section 3. OPEN DEVELOPMENT DISTRICT 1. Limits of District. For the purpose of this ordinance and for no other purpose, all of the incorporated territory of the Village within the County of Hennepin shall be and the same is hereby established as and placed in the Open Development District, except such portions of such territory herein- after specifically placed in and established as some other district. 2. Structures Permitted Therein. Any building, structure, improve- ment or premises may be erected, established, altered, enlarged, used, occupied or maintained in the Open Development District under the provisions of this ordinance for the following purposes, if and when a building permit shall have -1- 0 ti been issued by the village clerk;. and no person shall erect, establish, alter, enlarge, use, occupy or maintain any building, structure; improvement or premises without first having obtained such permit. (a) Country estates and other single family dwellings; provided, that upon application to the council a special permit may be issued for the erection of a two-family or multi -family dwelling, subject to all other provisions and restrictions contained herein. No such special permit shall be issued unless approved by a majority of the members of the council. Notice of application for such special permit shall be mailed to the owners of all property situated within 500 feet of the property on which the proposed two-family or multi -family dwelling will be located. Such notice shall specify a time and place at which such application for a special permit will be heard and at such hearing the council shall consider the objections, if any, raised by owners of other prop- erty located within this Village. (b) Country Clubs and club grounds, except those carried on as a business, such as miniature golf, or a public bowling alley. (c) Golf courses. (d) Polo fields. (e) Grounds for colleges and seminaries. (f) Fraternity houses. (g) Farming, truck gardening and orchards. (h) Private and public forests. (i) Horticultural nurseries and greenhouses. (j) Conservatories for plants and flowers. (k) Public libraries, schools, churches, parish houses, grange halls. (1) Parks, public recreation buildings, playgrounds and museums. (m) Private greenhouses. (n) Transportation rights -of -way. (o) Inconspicuous real estate rental or for sale signs of not more than 4 square feet in area. (p) Office or studio of a professional man accessory to his dwelling. 0� (q) Houses or dwellings in which there are carried on customary home occupations, including boarding and rental of rooms to not more than three people. (r) Name plates not exceeding one square foot shall be permitted, and such, name plates shall contain only the name and occupation of an occupant of the premises. -2- (s) Accessory buildings, including private garages when located not less than thirty feet from the front line of lot or plot and not less than five feet away from any side line; and one building to be used as a dwelling for servants, provided the aggregate ground this covers shall not exceed fifteen per cent of the total area of the lot or plot; no part of the main building or accessory buildings to be nearer than thirty feet to the front line of such lot or plot. When the width of the thoroughfare or way or road is not established of record, the council, by a four -fifths vote, may determine, for the purpose of the in- terpretation of the provisions of this ordinance, the location of said front line. (t) Private stables, if situated in unplatted areas, unless otherwise provided by ordinance. In the event no public street, no thoroughfare, no way or no travelled or used road abuts a tract on which it is intended to erect a dwell- ing and accessory building, said tract not being a lot or plat as defined here- in, then and in that event no part of the main building and no part of any accessory building shall be nearer than sixty feet to the boundary line of said tract toward which the main building faces or is intended to face. 3. One Dwelling Per Lot; Waiver of Lot Requirements. When land has been platted or subdivided and the plat is recorded, no more than one dwelling may be erected or altered on any lot, and such lot must conform to the require- ments for platting or subdividing set forth herein; Provided, that if it is proposed to erect a single family dwelling on a lot which does not conform to such requirements, and it would work an un- reasonable hardship on the owner to obtain additional property in order that his property will meet such requirements, the council may nevertheless permit the erection or alteration and use of a single family dwelling on such lot; and Provided further, that if the limitation herein of one dwelling on each platted lot would cause unnecessary hardship, and waiver of such limita- tion would not in the opinion of the council interfere with the purpose of the platting regulations of this ordinance, the council may by resolution waive compliance with platting regulations and with this section, and permit the erec- tion of two single-family dwellings on a platted lot, without replat or sub- division thereof into two lots, if the platted lot is divided into not more than two equal parts by a legal description in the form "the (West half)of Lot (12)" or "the (North 100) feet of Lot (6)� and each part complies with all other requirements of this ordinance, and if the application is further accompanied by the consent of the planning commission thereto. 4. Size, Frontage and Depth of Lots. (a) No land shall be platted or subdivided which at the time of applica- tion for approval of the plat is provided with public water and sewer connec- tions or in which public water and sewer connections are contemplated, unless such plat or subdivision meets all the following minimum requirements: (1) Each lot shall have a frontage on a public street of not less than 75 feet, except that in case of corner lots the minimum frontage shall be not less than 80 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be a smaller frontage than 60 feet. -3- (2) The average minimum depth of each lot shall be not less than 120 feet; provided that this requirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 9,000 square feet. (b) No land shall be platted or subdivided which at the time of applica- tion for approval of the plat is provided with public sewer connections or in which public sewer connections are contemplated, but in which public water con- nections are not provided or contemplated, unless such plat or subdivision meets all of the following minimum requirements: (1) Each lot shall have a frontage on a public street of not less than 75 feet, except that in case of corner lots the minimum frontage shall be not less than 80 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be a smaller frontage than 60 feet. (2) The average minimum depth of each lot shall be not less than 125 feet; provided that this requirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 10,500 square feet. (c) No land shall be platted or subdivided which at the time of applica- tion for approval of the plat is not provided with either public water or sewer connections and in which neither public water nor sewer connections are con- templated, unless such plat or subdivision meets all of the following minimum requirements: (1) Each lot shall have a frontage on a public street of not less than 90 feet, except that in case of corner lots the minimum frontage shall be not less than 95 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be smaller frontage than 65 feet. (2) The average minimum depth of each lot shall be not less than 130 feet; provided that this requirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 15,000 square feet. (d) All lots contained in land hereafter platted or subdivided shall have side lines as nearly as practical at right angles to the street line. (e) No building permit shall be issued relating to any land which has been platted or subdivided in violation of this section or which has been conveyed in contravention of Minnesota Statutes, Chapter 471, Section 471.29. (e) Any one or more of the minimum requirements as to size, frontage and depth of lots set forth in sub -paragraphs (a) and (b) of this paragraph 4 may be waived by the council as to any proposed plat or subdivision, if the enforce- ment of such requirement or requirements would work an unreasonable hardship on the owner of the land included in the plat or subdivision. Such waiver, how- ever, may be ordered only by the vote of a majority of the members of the -4- council, after a hearing on the question of such waiver held on the same notice as provided in Section 3, paragraph 2 (a) of this ordinance. 5. Size of Lot in Relation to Dwelling Thereon. The minimum standard of residence requirements in the open development district shall be a lot or premises of 8,250 square feet for a one -family dwelling, 10,000 square feet for a two-family dwelling, and for multiple family dwellings housing more than two families, 10,000 square feet for the first two families and 2,000 square feet additional for each family in excess of two. No two-family or multiple family dwelling shall be erected except in accordance with the procedure set forth in paragraph 2 (a) of this section. Q. Platting of Corners. Whenever land is platted into building lots, the corner at intersecting streets shall be rounded off to a radius of 10 feet, or cut off diagonally on a line connecting two points measured 10 feet on each street from the corner. 7. Structure Adjacent to Platted Lots. Where land is platted into building lots, no permit shall be issued for any building or house on the ad- joining unplatted land nearer than 50 feet to the platted area, except by unanimous vote of the council. 8. Reducing Yard Space and Lot Area Prohibited. The open spaces about any building now existing or hereafter erected shall not be so reduced or diminished that the yards or lot area shall be smaller than required by this ordinance. 9. Yard and Set -Back Requirements; Area Occupied by Building. There shall be a front yard, a rear yard and two side yards provided for all main buildings, and further requirements are hereby established as follows: (a) Front Yard. There shall be a front yard having a depth as further provided herein: (1) The minimum depth shall be 30 feet; except when a variance shall have been granted under subparagraph (h). (2) Whenever buildings have been built on one side of the street be- tween two intersections, no building shall hereafter be erected to extend so as to project beyond a line drawn between the forward -most portion of the first adjacent building on each side. (3) In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half the depth of the front yard of the first adjacent building in excess of 30 feet. (4) Subparagraphs (2) and (3) above shall not be applied so as to require a front yard in excess of one third of the average depth of the lot. (5) On France Avenue from West 69th Street south to the South Vil- lage Limits, no building shall hereafter be erected or be extended to a point MPnearer than seventy-five feet to the center line of France Avenue. 2rr Side Yard, Interior. (1) Whenever the average height of a building at the side building lint is 15 feet or under, the side yard shall have a minimum depth of 10 feet, but on that side of a building no part of which is designed for human occupa- tion (as an attached garage) the side yard may be 5 feet provided that no eave projects within 48 inches of the property line. In the case of platted lots, or lots of record in one ownership at the time zoning and platting ordinances were adopted where the owner owned the adjoining land, whose width at the build- ing line is less than 75 feet, the side yard not adjacent to a garage may be re- duced to 10 per cent of the width of the lot at the building line, but in no case to less than 5 feet. (2) Whenever the average height of a building at the side building line exceeds 15 feet, the side yard shall have a minimum depth as above pro- vided, plus 6 inches for every foot or fraction thereof that the average height at the side building line exceeds 15 feet. Side Yard, Abutting on a Street. (1) The side yard abutting on a street where there is an adjoining interior lot fronting on the same street shall be determined as for front yards, provided the buildable width of the lot shall not be required in excess of one third of the width of the lot at the rear building line. (2) The minimum depth of a side yard abutting on a street and abut- ting the rear yard of the next adjacent lot shall be 15 feet, but in the case of lots as described in subparagraph (b) (1) of this paragraph, whose width at the building line is less than 75 feet, the side yard abutting a street may be reduced to no less than 20 per cent of the width of the lot at the front build- ing line but in no case to less than 10 feet. Rear Yard. The minimum rear yard the average lot depth, whichever is (e) Accessory Building Set -Backs. Detached garages and other accessory buildings not used for dwelling purposes shall be located within the rear yard of a lot and shall be located at least 5 feet from a rear or side lot line. (f) Driveway. Every garage or building used for storage of motor vehicles shall have a driveway measuring at least 20 feet from lot line to the front of the garage. (g) Lot Coverage. No building hereafter erected by itself or together with other buildings on any lot may occupy more than 30 per cent of the area of an interior lot or more than 35 per cent of the area of any corner lot. (h) Variances. The Planning Commission, subject to final determination by the council as herein provided, may recommend the granting of variances from the requirements of this paragraph where there is a showing of unusual or unnec- essary hardship because of the unusual placement of the older buildings, the curved line of the street, the contour of the land, the irregular shape of the lot, or the unusually small size of the lot. Notice of application for such variance shall be sent to all owners of record of property on the same side of the street between the intersections on each side as the property for which the i • variance is requested. The notice shall specify a time and place for hearing on such application for a variance, and at such hearing the Planning Commission shall consider the objections, if any, raised by owners of other property located within the Village. The recommendation of the Planning Commission shall be reported to the council at the next regular meeting thereof to be held not less than five days from the date of hearing before the Planning Commission, and the Planning Commission shall file a written report with the council prior to such meeting. At such meeting of the council, without further notice, the application and objections thereto shall be heard or the council shall publicly fix a date, time and place for hearing. At or following such hearing, the council shall determine whether the application shall be denied or granted in whole or in part. jb- 10. Platted Width of Corner Lots. No lot shall be platted or sub- divided hereafter so as to create any corner lots having a width less than five feet in excess of the minimum width of other lots in the same block which are not corner lots. 11. Structures at Street Intersections. Between the lines of inter- secting streets and a line joining points on such lines 25 feet distant from their point of intersection or, in the case of a rounded corner, the point of intersection of the tangents, no building or structure may be erected and no vegetation (other than shade trees trimmed up to a distance of at least 10 feet above the curb line) may be maintained above a height of three feet above the curb grade, for the purpose of corner visibility. 12. Projections into Open Spaces. Cornices and eaves may project not to exceed 30 inches into a required open space, and fireplaces and chimneys may project not to exceed 18 inches into a required open space, provided that no such projection shall extend over any lot line. 13. Porches? Bay Windows. Entrance steps not more than 30 inches above the level of the ground and canopies not supported by posts may project into the front or side yard a distance of not to exceed three feet, and a bay window may project into the front yard or side yard a distance of not to exceed three feet. 14. Height Limit on Buildings. No building shall be erected to ex- ceed two and one-half stories in height in the Open Development District pro- vided that for institutions on large grounds the village council may in their discretion permit buildings which conform to other district regulations to be extended to a height beyond the height limit of this section. Church spires, belfries, chimneys, architectural finals may be permitted to exceed the maximum provision of this section when erected in accordance with the ordinances of this Village. 15. Location of Public Buildings and Institutions. For the purpose of maintaining the open development character of the district, no public, semi- public or institutional buildings shall be located except upon premises facing or adjoining a public park, playground, school ground, college grounds, public institutions, church, social center, railway station or other institutional buildings, or on land entirely surrounded by streets and alleys, or on land at least three sides of which abut on public streets, or upon premises facing, ad- joining, or across an alley or street from a railway right-of-way; provided, that if the public, semi-public or institutional buildings use or occupy not to exceed 30 per cent of the area of the lot or premises and do not extend nearer than 30 feet to an adjoining ownership used for dwelling, the above restriction shall not apply. 16. Location of Hospitals, Cemeteries, Etc.; Hearing. Because of the necessity for hospitals, sanitariums and cemeteries, and also because they may be inimical to the health, safety and general welfare of the community if located without due consideration to the conditions and surroundings, no hos- pital, sanitarium or cemetery shall be permitted in the Open Development Dis- trict except after a public hearing and upon the unanimous vote of the council. The council shall on request of the applicant fix a date, which shall not be less than ten days or more than thirty days away, for a hearing on the necess- ity and convenience of such building to the community and whether it will be I Me detrimental to the health, safety and general welfare. Notice of such hearing shall be posted in at least three conspicuous public places in the Village. Section 4. MULTIPLE RESIDENCE DISTRICT 1. Multiple Residence District Boundaries. The Multiple Residence District is established to include the following areas: (a) All that part of Lot Two (2), Cassin's Outlots lying North of the South Seven Hundred Sixty-eight and Six Hundredths,(768.06) feet of said Lot Two (2); and -L All that part of Lot Three (3), Cassin's Outlots lying North of the South One Thousand Three Hundred Twenty-two and Thirty-five Hundredths (1322.35, feet of said Lot Three (3); and Lot Four (4) Cassin's Outlots, except the South Three Hundred Thirty- three (333.0) feet of the West Ninety-eight (98.0) feet of said Lot Four (4), and except the South Three Hundred and Eighty-three (383.0) feet of the East Two Hundred Ninety-four and Forty-eight Hundredths (294.48) feet of said Lot Four (4); and All that part of Outlot Two (2), Evans Addition except that part of said Outlot Two (2) lying South of a line parallel to and Seven Hundred Sixty- eight and Six Hundredths (768.06) feet North of the South line of Lot Two (2), Cassin's Outlots- (b) Block 9, and Lot 1, Block 2, Stow's Edgemoor. (c) That part of Lot Five (5), Cassin's Outlots, lying West of a line rui- ning from a point 219-1/10 feet West from the Southeast Corner of Lot Five (5) to a point 221-1/10 feet West from the Northeast Corner of Lot Five (5), ex- cluding roads, and excluding that part of said Lot Five (5) lying South of Yorr Avenue Extended. (d) Lots 10, 11 and 12, Block 9,.BrooksideHeights. 3 -.16 :4. s U! �- Gt � l (2 6 I 2. S ecifis Uses Permitted A�I &strict. T� following uses areper, mitted, if and when a building permit shall have been issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any building, structure, improvement or premises without first having obtained such permit: (a) All uses permitted within the Open Development District. (b) Residences; one -family, two-family, and multi -family (3 or more family.) (c) Accessory uses customarily incidental to multi -family uses, includi private garages and parking areas for non-commercial vehicles and laundry buil ings for the use solely of the residents of the building or development and central heating facilities for the residential building or development. -7- a 0 0 3. Restrictions on Use. All property zoned as Multiple Residence District shall be subject to the following restrictions on the use thereof: (a) Lot Area. Each lot shall contain a minimum number of buildable square feet of land dependent on the number of family dwelling units which will be contained in the residence to be built thereon, or on the percentage of area of the lot covered by such residence, according to the following schedule: Two-family unit residence Three-family unit residence Four -family unit residence Five or more -family unit residence covering 29% to 30% of lot area 11 25% to �9% if 20% to 25% if 15% to 20% .. .. ,. 10,000 sq. ft. 12,000 " It 14,000 it 2,900 sq. ft. per unit 2,700 it II It it 2,500 „ 2,400 it II 11 II (b) Efficiency Apartments. No more than ten (10) per cent of the dwelling units in any one building shall be efficiency apartments. (c) Floor Area. The minimum floor area of an efficiency apartment shall be not less than four hundred (400) net square feet, that of a one (1) bedroom apartment shall be not less than six hundred fifty (650) net square feet, and that of a two (2) bedroom apartment shall be not less than eight hundred (800) net square feet. Units containing three (3) or more bedrooms shall have an additional one hundred fifty (150) net square feet of floor area for each bed- room in excess of two (2) bedrooms. For purposes of measurement, the net floor area of an apartment shall mean that area within a building used as a single dwelling unit and shall be measured from the inside of outside walls to the center of partitions bounding the dwelling unit being measured, but shall not include public stairways, public entries, public foyers, public balconies, or unenclosed public porches, separ- ate utility rooms, furnace areas or rooms, storage areas not within the apart- ment, or garages. (d) Height of Buildings. (1) No dwelling structure shall be erected to a height greater than two and one-half (22) stories measured at the front of the structure except where, in the opinion of the Village Planning Commission and the village council after public hearing, the best interests of the Village would be served by a waiver of these restrictions. No building shall be erected under this section to a height greater than two and one-half (22) stories unless a public elevator is provided. (2) No accessory building shall exceed one (1) story in height. (e) Yards Required. In the erection of any multi -family residence, the following minimum set -backs are required from property lines. (1) Front Yard. A front yard set -back of thirty-five (35) feet. (2) Interior Side Yard. An interior side yard set -back equal to the height of the building less fifteen (15) feet, but in no case less than fifteen (15) feet. (3) Rear Yard. A rear yard set -back of forty (40) feet. (4) Side Street. A side yard set -back adjacent to side streets equal to the height of the building less thirty (30) feet, but in no case less than thirty (30) feet. (f) Distance Between Buildings. No building shall be closer than twenty- five (25) feet to any other building on the lot. (g) Lot Coverage. Not more than thirty (30) per cent of the buildable lot area shall be used for buildings. (h) Off -Street Parking Facilities. There shall be provided on the lot at least one I completely enclosed parking space for each dwelling unit, the location and design of such enclosed parking space to be approved by the Planning Commission and the council. (i) Accessory Building Set -Backs. The following restrictions shall apply to the location and construction of accessory buildings: (1) An accessory building must be located at least twenty-five (25) feet from the main structure if it is not attached thereto by a common wall. (2) Accessory buildings on a corner lot must be located at least thirty (30) feet from any side street property line. (3) On an interior lot, accessory buildings erected within the re- quired side yard of a residence street shall be at least fifteen (15) feet from the side property line. (4) Accessory buildings erected within the rear yard of a dwelling structure shall not be closer than five (5) feet to the interior side property line. (5) Accessory buildings shall be erected not closer than five (5) feet to the rear property line, except that any parking structure having vehicle doors opening to the rear property line shall be not closer than twenty (20) feet to said property line. (6) Accessory buildings may not be erected within a required front yard of a residence structure except upon approval of the Planning Commission and the village council. (7) Exteriors of accessory buildings shall have the same exterior finish as the main structure. (8) The side and rear yard set -back restrictions provided in this subsection (i) shall not prevent the Planning Commission and village council from requiring common walls for accessory buildings where said common wall will eliminate unsightly hazard areas. (j) Projections Into Open Spaces. Cornices and eaves may project not to exceed thirty 30 inches into a required open space, and fireplaces and chimneys may project not to exceed eighteen (18) inches into the required open space of any residence structure. -9- 0 (k) Porches, Steps, Bay Windows, Balconies. Entrance steps not more than thirty (30) inches above grade and canopies not supported by posts may project into the front, side, or rear yard a distance of not to exceed three (3) feet, and a bay window or balcony may project into the front or side yard of any resi- dence structure, a distance of not to exceed three (3) feet. (1) No dwelling units shall be permitted in basements, cellars, or acces- sory buildings, except that dwelling units may be permitted in basements only if the finished interior is of same quality as the majority of the non -basement units. - c � & /-J • 11 11 Section 5. AUTOMOBILE PARKING DISTRICT 1. Boundaries of Automobile Parking District. The Automobile Park- ing District is established as follows: (a) Begin. on S. line of Lot 36, Aud. Subd. 172, 40 Ft. E. of SW Cor. thereof; th. N. parallel with W. line of Lot 36 a dist. of 150 Ft. to actual pt. of beginning of tract to be described; th. W. parallel with S. line of Lots 36 & 37 a dist. of 255 Ft.; th. N. parallel with W. line of Lot 37 a dist. of 130 Ft.; th. E. parallel with S. line of Lots 36 & 37 a dist. of 255 Ft.; th. S. parallel with W. line of Lot 36 a dist. of 130 Ft. to actual pt. of begin. of tract described, and Begin. at a pt. located 40 Ft. E. and 280 Ft. N. of SW Cor. of Lot 36, Aud. Subd. 172; th. W. 255 Ft. parallel to S line of said Lot 36; th. N. parallel to W. line of said Lot 36 a dist. of 181.25 Ft.; th. E. parallel to S. line of Lot 36 a dist. of 255 Ft.; th. S. 181.25 Ft. to pt. of begin. (b) The Southerly forty-eight (48) feet of the East Ninety-six (96) feet of Lot One (1), Block One (1) Stevens First Addition, except the easterly five (5) feet thereof, conveyed to the Village of Edina for highway purposes, Henne- pin County, Minnesota. 2. Specific Uses Permitted in District. Property located in an Automobile Parking District may be used for the purpose of providing adequate street -level automobile parking facilities with or without parking fees, for adjacent or nearby properties, whether commercial, educational, charitable, religious, social, medical, residential or municipal, or any combination there- of. All uses permitted in the Open Development District shall be permitted in the Automobile Parking District.Mye Section 6. COMMUNITY STORE DISTRICTS 1. Community Store District Boundaries. The Community Store Dis- tricts are established as follows: (a) In the northeast corner of the Village, a square area measuring 125 feet on France Avenue and 125 feet on the north Village Limit line. (b) On France Avenue at 50th Street, a strip of land 125 feet deep and extending from 50th Street north 330 feet and south 330 feet; a strip of land -10- 125 feet deep on each side of 50th Street and extending west from France Avenue a distance of 520 feet; and a plot of ground described as follows: 40 Beginning at a point on the South line of 50th Street distant 520 feet West of the Easterly side line of France Avenue, thence West 80 feet, more or less, to the Easterly side line of Halifax Avenue; thence South along the side line of Halifax Avenue a distance of 100 feet; thence in an Easterly direction parallel with the South line of 50th Street a distance of 80 feet, more or less, to a point 520 feet West of the Easterly side line of France Avenue; thence North to the place of beginning; and a plot of ground described as follows: South 25 feet of the North 150 feet of the East 95 feet of the West 160 feet of Lot 43, Auditor's Subdivision 172, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; provided that within said plots of ground and said strips of land fronting on the north and south side lines of 50th Street no buildings shall be erected nearer than 40 feet to the center lire of said 50th Street. (c) Three squares of land at France Avenue and 54th Street, being the three corners in the Village of Edina measuring 125 feet on France Avenue and 125 feet on 54th Street. (d) The triangular piece of ground at the intersection of Interlachen Boulevard and Main Street measuring 125 feet on each street. (e) Lots, 8, 9 and 10, Block 21, and Lots 11, 12, 13 and 14, Block 22, Fairfax Addition, and the miscellaneous triangular piece of land containing approximately 1.38 acres lying south of West 62nd Street and east of Wooddale Avenue extended. (f) The land on the northeast corner of Highway No. 169-212 and County Road No. 18, measured 150 feet on Highway No. 169-212 and 150 feet on County Road No. 18. (g) That part or parcel of land which lies north of State Highway No. 169 and between said State Highway No. 169 and the old road known as Eden Prairie Road, and east of Blake Road extended to its intersection with said State High- way No. 169, in said Village of Edina. (h) Lots 28, 29, 30, 31 and 32, Block 3, Grand View Heights, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. (i) The south 170 feet of the south half of Lot 35, except the east 13 feet thereof, Auditor's Subdivision No. 172, Hennepin County, Minnesota. (j) The east twenty-two (22) feet of the south one hundred sixty-five (165) feet of Lot Thirty-six (36), Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. (k) The tract of land lying between the north line of 50th Street and a line 137.5 feet south of and parallel to the south line of 49th Street, and lying between the west line of France Avenue and a line 630.0 feet west of and parallel to the west line of France Avenue. -11- IA (1) A strip of land 25.38 feet wide, extending from a line parallel with and 125 feet west of the west line of France Avenue to a line parallel with and 150.38 feet west of said west line of France Avenue, and extending south from a line parallel with and 125 feet south of the south line of West 50th Street to a line parallel with and 462 feet south of said south line of West 50th Street; a strip of land extending 150.38 feet west from the west line of France Avenue and lying between a line parallel with and 462 feet south of the south line of West 50th Street and a line parallel with and 590 feet south of the south line of West 50th Street; a strip of land lying between a line parallel with and 125 feet south of the south line of West 50th Street and a line parallel with and 175 feet south of the south line of West 50th Street, and extending from a line parallel with and distant 150.38 feet west of the west line of France Avenue to a line parallel with and distant 520 feet west of the west line of France Avenue. (m) Lots 1, 2, 4, 5, 6, 25, 26 and 27, Block 3, and Lots 11, 12, 13,14 and 15, Block 4, all in Grandview Heights Addition to the Village of Edina. (n) Lot 11, Block 1, Valley View Terrace Third Addition. (o) Lot 17, Block 1, in Brookside Heights Addition. (p) That part of Government Lot Seven (7), Section Twenty -Eight (28), Town- ship One Hundred Seventeen (117) North, Range Twenty -One (21) West, lying North of Old Eden Prairie Road and East of State Highway One Hundred Sixty -Nine -Two Hundred Twelve (169-212) (A.-.61). (q) The West One Hundred Fifty-five (155) feet of Government Lot Eight (8), Section Twenty -Eight (28), Township One Hundred Seventeen (117) North, Range Twenty-one (21) West, measured along the North line thereof and lying North of road. (A.-1.39.) (r) That tract of land situated in Section 19, Township 28N, Range 24W, described as follows: Beginning at the Southeast Corner of the Southeast Quarter (SE4) of the Southwest Quarter (SW-41,); thence West along the South line thereof 400.0 feet; thence North and parallel to the East line of said Southeast Quarter (SE4) of Southwest Quarter (SW4) 411.0 feet to the center of Valley View Road as travelled; thence Southeasterly along the said center line of Valley View Road 422.0 feet to the East line of said Southeast Quarter (SE-11) of Southwest Quarter (S6-41); thence South 282.0 feet to the place of beginning. (s) Lots 2 and 3, Block 1, Edenmoore Addition to the Village of Edina. (t) Lot 24, Block 3, Grandview Heights Addition. (u) Lots 1, 2, 3, 4, 12, 13, 14, 15, 16 and 17, Block 7, Tingdale Bros. Brookside, including that portion of the South 1/2 of Yancy Street vacated, located between extensions northward of the East and West lines of Lots 1 and 17 of said Block 7, but excepting therefrom any portion of said lots taken by the State of Minnesota for State Highway purposes. (v) Lots 1 and 2, Block 8, Tingdale Brothers Brookside. (w) That part of the East Eight Hundred Forty-five (845) feet of Govern- ment Lot Seven (7), Section Twenty-eight (28), Township One Hundred Seventeen (117), North, Range Twenty-one (21) West of the Fifth (5th) Principal Meridian, -12- described as follows: (Beginning at a point on the South line of the North Seven Hundred and Eight feet (708 ft.) of Government Lot Seven (7) which is Three Hundred Feet (30CFt.) East of the West boundary line of the said East of Eight Hundred Forty -Five (845) feet of Government Lot Seven (7), thence North on a line parallel with said West boundary line a distance of five hundred forty (540) feet; thence East on a line parallel with the North boundary line of said Government Lot Seven (7) a distance of three hundred thirty (330) feet more or less to the Westerly line of Trunk Highway No. 169; thence Southerly along the Westerly line of said highway to the South boundary line of the North Seven Hundred and Eight Feet (708 ft.) of said Government Lot Seven (7), thence Westerly along said South boundary line to the point of beginning.); provided that the only uses permitted in the area just described shall be those per- mitted in the Open Development District and motels. (x) Beginning on the South line of Lot 36, 40 feet East of the Southwest corner thereof; thence North parallel with the West line of Lot 36 a distance of 150 feet; thence West parallel with the South line of Lots 36 and 37 a dis- tance of 135 feet; thence South parallel with the West line of said Lot 37 a distance of 150 feet to the South line of said Lot 37; thence East along said South line of Lots 37 and 36 a distance of 135 feet to the point of beginning -- ail being in Auditor's Subdivision No. 172. (y) That tract of land commencing at the point of intersection of the Southerly line of Eden Prairie Road with Easterly line of State Highway No. 100; th.Northeasterly along said Southerly line of Eden Prairie Road Four and Eleven Hundredths (4.11 Ft.) to pt. of beginning; th. at right angles and Southeasterly 70 Ft.; th. Northeasterly parallel with Eden Prairie Road 200 Ft.; th. at right angles and Northwesterly 70 Ft.; th. Southwesterly and along the Southerly line of Eden Prairie Road for a distance of 200 Ft. to point of beginning and lying partly in Government Lot 5, Sec. 28, T. 117, R. 21 and partly in the W 1/2 of SW 1/4 of Sec. 18, T. 28, R. 24. W Lots 3, 4, 5, 6 and 7, Block 8, Tingdale Brothers Brookside Addition. (aa) All that part of Lot 2, Auditor's Subdivision No. 196 described as follows: Beginning at a point in a line parallel with and 134 feet East of the West line of said Lot 2; said point being intersected by a line running from a point on the West line of said Lot 2 distant 221.6 feet North of the Southwest corner thereof to a point on the Southeasterly line of said lot distant 225 feet Northeasterly of said Southwest corner; thence North along said parallel line a distance of 150 feet; thence Southeasterly to a point on the Southeaster- ly line of said lot distant 375 feet Northeasterly from the Southwest corner thereof; thence Southwesterly 150 feet; thence Northwesterly to the point of beginning. (bb) Lots One (1), Two (2) and Three (3), Block One (1), Grandview Plateau, provided that the only uses permitted in the area just described shall be those permitted in the Open Development District and motels; and providing that the entrance to motel from service driveway shall be the entrance servic- ing the present north units of said motel. (cc) Lots 15, 16, 17 and 18, Block 3, and Lots 16, 17, 18, 19 and 20, Block 4, all in Grandview Heights Addition. (dd) Lots Five (5), Six (6), and Seven (7), Block Seven (7), Tingdale Brothers Brookside. -13- 140 • (ee) Tract A, Registered Land Survey No. 677, Hennepin County. (ff) Block 1, Stow's Edgemoor Addition. (gg) The East 96 Feet of Lot One (1), Block One (1), Stevens First Addi- tion, except the Easterly Five Feet conveyed to the Village of Edina for high- way purposes and also subject to a certain highway easement over the Northerly Seven Feet of said Lot One, except the East Five Feet thereof granted to Henne- pin County. (hh) The South Fifteen (15) Feet of Lot Fourteen and all of Lots Fifteen, Sixteen, Eighteen, Nineteen and Twenty, Block One, Brookside Heights Addition. (ii) That part of Govt. Lot 7, Sec. 28, Twp. 117, R. 21, described as com- mencing at a pt. on the N. Line of Govt. Lot 7 dist. 845 Ft. W. of NE Cor. thereof; th. S. parallel to E. line of said Govt. Lot 7 a dist. of 708 Ft. to pt. of beginning; th. S. parallel to said E. line 190 Ft.; th. W. parallel to N. line of said Govt. Lot 7 to W. line thereof; th. S. to SW Cor. of said Govt. Lot 7; th. E. along S. line thereof to Nally R/W line of U. S. Hwy. No. 169; th. NEly along said Nally R/W line to its intersection with a line drawn E., parallel to N. line of said Govt. Lot 7, from the pt. of beginning; th. W. to pt. of beginning. (jj) The West Forty -Five (45) Feet of the East One Hundred and Seventy -Two (172) Feet of the South One Hundred and Thirty -Five (135) Feet of the North Two Hundred and Seventy -Two and Five -Tenths (272.5) Feet of Lot Thirty -Six (36) Auditor's Subdivision No. One Hundred and Seventy -Two (172); and the East One Hundred and Two (102) Feet of the North One Hundred and Thirty -Seven and Five - Tenths (137.5) Feet of Lot Six (6), Block One (1), Lund Kruse Addition. 2. General Character of District. In the CommihitYy More Distric no buildings or premises shall be used, and no building shall be erected or altered except for purposes customarily necessary to serve a resid tiA Qo ' munity having access to the larger market of an adjoining city �.'Nt-Q/;e�61 6 Z (wJ v? J=lot )kb/--b 3. Specific Uses Permitted in District. The following uses are per- mitted, if and when a building permit shall have been issued by the village clerk, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any building, structure, improvement or premises without first hav- ing obtained such permit: (a) All uses permitted in the Open Development District. (b) Amusement places. (c) Bakeries. (d) Barber shops, beauty parlors. (e) Catering establishments. (f ) Comfort stations. 0 (g) Conservatories. (h) Dressmaking establishments. -14- (i) Electric repair shops. (j) Financial institutions. (k) Fire station or police stations. (1) Furniture stores. (m) Gasoline filling stations. (n) Hotels. (o) Lodge halls. (p) Messenger or telegraph service stations. (q) Millinery shops. (r ) Offices. (s) Painting and decorating shops. (t) Photograph galleries. (u) Plumbing shops. (v) Post offices. (w) Printing shops. (x) Public garages. (y) Recreation buildings and structures. (z) Restaurants. (aa) Sales or show rooms. (bb) Shoe repairing shops. (cc) Skating rinks. (dd) Stores and shops for the conduct of retail business with or without flats above. (ee) Studios and theaters. (ff) Tailor shops employing not more than five (5) persons. 4. Height and Loading Areas of Buildings. No building shall be erected to a height greater than 40 feet, and each building shall be so arranged on its grounds as to permit of all loading and unloading on its own premises and not from the street. 5. Storage of Materials. No premises shall be used wholly or in part for the storage of any material whatsoever except where such materials are -15- stored in a building and where the character of such building conforms with the general development of a community store district. 6. Mechanical Power Permitted. No buildtng or premises shall be used for any kind of manufacture, repairing, alteration, converting or finish- ing which uses mechanical power aggregating more than five (5) horsepower per 2,000 square feet of ground area. 7. Building Set -Back on France Avenue. On France Avenue from West 69th Street south to the south Village limits, no building shall hereafter be erected or be extended to a point nearer than seventy-five feet to the center line of France Avenue. Section 7. COMMERCIAL DISTRICT 1. Boundaries of Commercial District. The Commercial District is established as follows: 0-7--e- --e r_ilo - �,/ ? 4.%G �--% (a) Block 2, Grand View Heights Addition, and the miscellaneous tract of land immediately south of the west one-half of said Block 2 and north of the Eden Prairie Road. (b) Lot 7 and the north one-half of Lot 8, Block 3, Grand View Heights Addition. (c) A strip of land 600 feet wide extending from the Eden Prairie Road to the southern line of Section 28, the center line of said strip being the main line track of the Minneapolis, Northfield & Southern Railway. (d) That Tract of Land situated in Section 28, Township 117N, Range 21W, described as follows: Commencing at the Southwest corner of Government Lot Eight; thence North 925 Ft. to Centerline of Eden Prairie Road; thence North- easterly along said Centerline 246 Ft. to a point 221.8 Feet East at right angles from West Line of Lot Eight; then South 259.4 Ft. parallel with West line of Lot Eight; then Southerly 796.4 Feet to a point in the South line of Lot Eight distant 246.8 Feet East from beginning; then West 246.8 Feet to beginning, except road. (e ) A tract of land in the Southeast Quarter of the Southeast Quarter of Section 8, Township 116 North, Range 21 West, Hennepin County, Minnesota, and described as follows: Beginning at a point on the westerly right of way line of the Minneapolis, Northfield & Southern Railway, which point bears North 5 degrees 47' East, true bearing, a distance of 1367.6 ft. from a point in the South line of said Section 8, 1112.9 ft. West of the Southeast corner of said Section; thence from said point of beginning South 44 degrees 27' West a dis- tance of 128.1 ft. to a point 80 ft. westerly at right angles from said right of way line; thence south 5 degrees 47' West, parallel with and 80 ft. from said right of way line a distance of about 680 ft. more or less to the easterly line of traveled highway across said Quarter Quarter; thence in a southeasterly direction along the easterly line of said highway to the above named right of way line,; thence North 5 degrees 47' East along said right of way line about 900 ft. more or less to place of beginning and containing an area of 1.45 acres more or less. -16- (f) That part of the North 60 Rods of the NE 1/4 of NE 1/4 lying South of Road and East of Railroad Right -of -Way; and that part of the South 10 Acres of NE 1/4 of NE 1/4 lying East of Railroad Right -of -Way; all in Section 8, Town- ship 116, Range 21. (g) All of that part of the NE 1/4 of the NE 1/4 of Section 8, Twp. 116, Range 21, described as follows, Beginning at a point on the Southerly line of West 70th Street at a distance of 440' East of the West line of said NE 1/4 of NE 1/4 measured at a right angle to said Westerly line of said NE 1/4 of the NE 1/4; thence South and parallel to said Westerly line, a distance of 385' more or less, to a line parallel with and 594' South of Northerly line of said NE 1/4 of the NE 1/4; thence Easterly along said line a distance of approxi- mately 257' more or less, to the westerly line of the MN&S Railway right-of- way; thence Northerly along said right-of-way line to a point of intersection with the Southerly right-of-way line of West 70th Street; thence Westerly along the Southerly boundary line of West 70th Street, a distance of 300' to point of beginning. (h) A tract of land rectangular in shape in the Northwest corner of the tract of land hereinafter described, being 500 Ft. parallel with County Road No. 18 and 300 Ft. deep, to -wit: The West 600 Ft. of the East 1000.1 Ft. of that part of the West One -Half of the Southwest One -Quarter (W 1/2 of SW 1/4) lying South of the North 350 Ft. thereof; and that part of the West One -Half of the Southwest One -Quarter (W 1/2 of SW 1/4) lying West of the East 1000.1 Ft. thereof, excluding roads, in Section 30, Township 117, Range 21, Hennepin County, Minnesota. 2. Height and Loading Areas of Buildings. No building shall be erected to a greater height than 40 feet along State Trunk Highway No. 5 and the Hopkins Road for a distance of 100 feet back thereof, otherwise there are no height restrictions in the Commercial District. All buildings shall be so placed and arranged on their grounds as to permit of all loading and unloading on their own premises and not from the street. 3. Specific Uses Permitted in District. The following uses are per- mitted, if and when a building permit shall have been issued by the village clerk, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any building, structure, improvement or premises without first hav- ing obtained such permit: (a) All uses permitted in the Open Development District. (b) All uses permitted in the Community Store District. (c) Coal tipples and storage under cover. (d) Lumber yard in buildings. (e) Building material yards. (f) Public garages for repairing and storing cars. (g) Battery and tire service establishments (h) Blacksmith repair, machine shop or tinsmith. -17- (i) Carting, express or moving van with storage yard connected therewith. (j) Ice plants. (k) Steam laundries. (1) Milk distributing stations. (m) Storage warehouses. (n) Loading facilities for stock. (o) Feed mills. (p) Freight stations. (q) Gasoline and oil storage depots, subject to approval of the village council as to location, arrangement and quantity. (r) Dry cleaning establishments, subject to approval of the village council as to location and arrangement; or (s) Other enterprises or business which in the opinion of the village council are no more obnoxious or detrimental to the welfare of the community than the enterprises or business enumerated in this section. Section 8. REGIONAL SHOPPING DISTRICT 1. Boundaries of Regional Shopping District. The Regional Shopping District is established as follows: (a) That part of the Northeast Quarter (NE 1/4) of Section 30, Twp. 28, Range 24 in the Southeast Corner thereof 554.59 ft. N and S by 500 Ft. E and W. (b) That part of the Southeast Quarter (SE 1/4) of Section Thirty (30), Township Twenty-eight (28) North, Range Twenty-four (24) West, Hennepin County, Minnesota, lying East of the following described line: Beginning at a point in the North line of said Southeast Quarter (SE 1/4) distant Five Hundred Eighty- one and Forty-five Hundredths (581.45) feet West of the Northeast corner of said Southeast Quarter (SE 1/4); thence running South Seven Degrees Forty-two Minutes West (S 7 degrees 42 W) a distance of Fourteen Hundred Fifty-nine and Eighty-eight Hundredths (1459.88) feet; thence running South Forty-two Degrees Thirty-three Minutes Forty-two Seconds East (S 42 degrees 33' 42" E) a distance of Five Hundred Three and Thirty-three Hundredths (503.33) feet; thence running South Twenty-five Degrees Forty-two Minutes West (S 24 degrees 42' W) a dis- tance of Nine Hundred Fifteen and Twenty-six Hundredths (915.26) feet more or less to a point in the South line of said Southeast Quarter (SE 1/4) which point is distant Eight Hundred Thirty-three and Five Tenths (833.5) feet West of the Southeast corner of said Southeast Quarter (SE 1/4). For the purpose of this description the East line of said Southeast Quarter (SE 1/4) Section Thirty (30) is assumed to be a due North and South line. (c) The West 72 acres of Lot 1, Cassin's Outlots. (d) All that part of the Southwest Quarter (SW 1/4) of Section 29. TTwp.28, Range 24, except that part thereof included in York Terrace. (e) Lots 6 to 11, inclusive, Block 1 and Lots 9 to 1.6, inclusive, Block 2, York Terrace. (f ) West 70 Ft. of E. 100 Ft. of N. 173 Ft. and S. 75 Ft. of N. 248 Ft. of E. 1/8 of Northha.st Quarter (PIE 1/4) of the Southwest Quarter (SW 1/4) of Sec- tion 29, Township 28, Range 2.4. (g) All that portion of the Southeast One Quarter (SE 1/4) of the North- east One Quarter (NE 1/4) of Section 30, Township 28, Range 24 bounded by France Avenue South, West 66th Street, Valley View Road and West 64th Street, which has not previously been rezoned by Ordinance No. 261-2 adopted May 25, 1953• 2. Siecif_i.c Uses Permitted in District. Property located in a Regional Shopping District may be used for any purpose permitted in the Commun- ity Store District. 3. Restrictions on Use. All property zoned as a Regional Shopping District shall be subject to the following restrictions on the use thereof: (a) Parking and Traffic Facilities. No building permit shall be issued for the erection, alteration or movement of a building within a Regional Shop- ping District unless after the erection, alteration or movement of such build- ing such Regional Shopping District shall contain adequate facilities for the parking of automobiles and other motor vehicles used by the persons employed or doing business in such district and shall provide an internal system of roads and walks which will adequately provide for pedestrian and vehicular traffic. In determining the adequacy of such parking and traffic facilities no considera- tion shall be given to facilities available on adjacent public streets. (b) Height �of Buildings. No building shall be erected to a height greater than 40 feet above the average surrounding ground level, except that a building may be erected to a height no greater than 70 feet if the following conditions are observed: (1) That for each foot of height above the average surrounding ground level, one foot of street set -back is provided. (2) That the building or portion of the building greater than 40 feet in height is not less than 250 feet from the centerline of any public street dividing the building site from an area zoned either Open Development District or Multiple Residence District. (3) That the owner of the property on which a building or a portion of a building is proposed to be erected to a height greater than 40 feet first obtains the written consent of the owners of 3/4 of the property located within 500 feet in all directions from any portion of the building proposed to be erected to a height greater than 40 feet. No portion of any building more than 40 feet above the surrounding ground level shall be used for dwelling purposes. -19- (c) Area and Size of Buildings. No building permit shall be issued for the erection of any building in a Regional Shopping District having less than 125,000 square feet of floor space at the first floor level or less than 3,000,000 cubic feet of content until a building permit or permits for construc- tion of a building or group of buildings substantially contiguous to each other containing not less than 125,000 square feet of floor space at the first floor level and not less than 3,000,000 cubic feet of content shall have been issued and construction undertaken or definitely provided for. (d) No building or structure shall be erected, altered or moved so that any portion or part thereof is nearer than 40 feet to the nearest property line of a public street. 4. Restrictions on Classification. (a) No property located within one-half mile of the property described in paragraph 1 of this section, subparagraphs (a) through (f), and which is North Of W. 70th St. and West of Valley View Road shall be zoned for any use other than Open Development District. (b) No property shall be zoned as a Regional Shopping District unless such property consists of a single tract, divided, if at all, only by public streets, and consisting of not less than 50 acres. 5. It is hereby declared to be the policy of the Village to restrict the rezoning of property so as to constitute a Regional Shopping District to those situations in which, in the opinion of the council, the creation of ad- ditional Regional Shopping Districts is for the best interest of the entire Village. Section 9. REGIONAL MEDICAL DISTRICT 1. Boundaries of Regional Medical District. Legal description; All of Lot 1; the south 768.06 feet of Lot 2; and the south 1322.35 feet of Lot 3, Cassin's Outlots, Hennepin County, Minnesota; except that part lying within the right of way of France Avenue South, and except that part lying within the right of way of West 66th Street. 2. Specific Uses Permitted in District. The following uses are per- mitted, if and when a building permit shall have been issued by the village clerk and no person shall erect, alter, enlarge, move, demolish, use, occupy, or maintain any building, structure, improvement, or premises without first having obtained such permit. (a) Hospitals. (b) Medical offices. -19a- 0 (c) Scientific laboratories operated for the primary purpose of perform- ing medical or dental research, diagnostic, testing analytical or clinical work having a direct relationship to the provision of health services including, but not limited to, those primarily engaged in medical research, or in the fields of Radiology, Hematology, Serology and Immunology, Allergy, Biochemistry, Basal Metabolism, Microbiology, Parasitology, Pathology, Histology, Cytology, Toxic- ology, and Pharmacology, and the like. Laboratories engaged in production con- trols or in the manufacture of products for commercial seal or distribution are not considered to be health facilities. (d) Medical education. (e) Living quarters for nurses, interns and other staff members and em- ployees of the above uses. (f) Multi -family dwellings subject to same provisions as included in Section 3, Paragraph 2 (a), of this ordinance. (g) Parking garages accessory to the principal uses, permitting parking of ambulances, service trucks, and private automobiles of tenants, employees and visitors. (h) Retail stores and restaurants of a type normally accessory to the facilities described above, including by way of illustration but not limited to -19b- pharmacy, medical supplies, orthopedic shoes, corrective apparel and appliances, messenger or telegraph services, florist, gift store, and cards. M Such other uses which are related to the general concept of the medi- cal center and subject to approval by the council. 3. Restrictions on Use. All property zoned as a regional medical district shall be subject to the following restrictions on the use thereof: (a) Parking. Lot and Traffic Facilities. No building permit shall be issued for the erection, alteration or movement of a building within a regional medical district unless after the erection, alteration or movement of such building such regional medical district shall contain adequate facilities for the parking of automobiles and other motor vehicles used by the persons employed or doing business in such district, and shall provide an internal system of roads and walks which will adequately provide for pedestrian and vehicular traffic. In determining the adequacy of such parking and traffic facilities no consideration shall be given to facilities available on adjacent streets. For the purpose of this section, parking facilities shall be deemed adequate if a minimum of one square foot of parking area is provided for each square foot of building area. (b) Height of Buildings. No building shall be erected to a height greater than 40 feet above the surrounding ground level, except a building may be erected to a height not greater than 100 feet above the average surrounding ground level provided that for each foot of height, the building shall be set back an equal distance from the nearest property line of a public street. Pent houses, smoke stacks, vents and similar structures shall be excluded from the computation of the building height. (c) No building or structure shall be erected, altered or moved so that any portion or part thereof is nearer than 40 feet to the nearest property line of a public street. 4. Restrictions on Classification. No property shall be zoned as a regional medical district unless such property consists of a single tract, divided, if at all, only by public streets and consisting of not less than 25 acres. 5. It is hereby declared to be the policy of the Village to restrict the rezoning of property so as to constitute a regional medical district to those situations in which, in the opinion of the council, the creation of addi- tional regional medical districts is for the best interest of the entire Village. Section 10. OFFICE BUILDING DISTRICT 1. Boundaries of Office Building District. The boundaries of Office Building District shall include the following lands: (a) Lot 4, Block 3, Edenmoor Addition. t-,t-��� , ' ' ' 1, 2. Specific Uses Permitted in District. The following uses are per- mitted, if and when a building permit shall have been issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, I'M occupy or maintain any building, structure, improvement or premises without first having obtained such permit: 0 (a) All uses permitted in the Open Development District. (b) All uses permitted in the Multiple Residence District. (c) All uses permitted by the further provisions of this section. 3. Use for Office Buildings; Restrictions Thereon. All property zoned as Office Building District may be used for erection, maintenance and operation of an office building or buildings, an office building being hereby defined as a building in which no product is made, assembled, sold or stored on the premises, but the following restrictions shall apply to all property so used: (a) Lot Coverage. No more than 50 per cent of an office building lot may be used for structures. (b) Off -Street Parking. There shall be provided on the building lot or within 200 feet thereof, a minumum of one square foot of off-street parking space for every one square foot of gross floor area. (c) Off -Street Loading. There shall be provided one off-street loading facility for an office building having a floor area of less than 20,000 gross square feet and two -off-street loading facilities for an office building having a gross floor area of 20,000 square feet or more. An off-street loading facility shall be not less than 10 feet wide, 25 feet long, and if enclosed, 12 feet 9 inches high. (d) Yards Required. The following minimum yards and set -backs shall be required for each office building erected within this district: (1) Front Yard. A front yard set -back of 30 feet from the lot line. (2) Side Street. A side street set -back of 20 feet from the lot line. (3) Rear Yard. A rear yard set -back from the lot line of 20 feet or 20% of the depth of the lot, whichever shall be greater. (4) Interior Side Yard. If the proposed office building is adjacent to a lot zoned for residential use, a side yard of ten feet shall be required; otherwise no side yard shall be required, except side street set -backs. (e) Design and Location of Access Drives. In order to maintain adequate and safe access to required off-street parking and loading facilities, the fol- lowing standards shall apply: (1) Width of Access Drives. The width of a single drive shall be no greater than 15 feet measured at the property line. The width of a double drive shall be no greater than 25 feet measured at the property line. (2) Distance Between Drives. Access drives on the same property shall be no closer than 15 feet to each other measured along the curb or the edge of the traveled portion of the roadway. -21- (3) Radius. The minimum radius of an access drive shall be five feet. (4) Distance from Street Intersection. Access drives shall be no closer than 20 feet to a street intersection measured from a point on the curb or edge of traveled roadway where the property line extended intersects the curb or edge of traveled roadway. (5) Common Drives. Common drives shall be no wider than twenty-five (25) feet measured at the property line. (6) Distance from Adjacent Lot. Access drives, not common to adjacent building lots, shall be no closer than five feet to an adjacent lot, measured at the curb or edge of the traveled roadway; and parking and loading areas shall not be located on that side of an office building which is adjacent to a lot zoned open development. Provided, however, that this requirement may be waived by the village council after public hearing, notice of which shall be mailed to all property owners within 200 Feet of the lot in question in all directions. (7) Uncontrolled Access. If there is no curb along the roadway, an approved barricade at least two feet high shall be erected at the property line. Material and location of said barricade shall be subject to the approval of the Village Engineer. (8) Number of Drives. There shall be no more than two access drives to a building lot except that additional drives may be allowed for a frontage greater than 150 feet on any one street, upon approval of the Village Engineer. (9) Permits Required. At the time a building permit for an office building in this district is requested of the Village Building Inspector, three copies of the plan of the proposed parking and loading facilities shall be sub- mitted, to be distributed as follows: (aa) One copy to be forwarded to the Village Engineer and Plan- ning Engineer for approval and returned to the Building Inspector for retention in the building department files. (bb) One copy to be forwarded to the Planning Engineer and re- tained in the planning department files. (cc) One copy to be returned with the permit to the developer. (f) Height of Building. No structure within this district shall be greater than 30 feet, except that elevator penthouses, air-conditioning equipment areas and other necessary structures not higher than six feet in addition to said 30 feet may be allowed. (g) Residence in Office _Buildings. There shall be no residential use of any portion of a structure erected for office use in this district; however, this shall not apply to the office of a professional person in their own resi- dence. 40 (h) Accessory Buildings. There shall be no accessory buildings erected within a required front or side yard of any office building in this district. Accessory buildings may be erected subject to the following restrictions: -22- w (1) RearYard. A rear yard set -back of five feet is required except that where an alley is present, accessory buildings opening to said alley shall be set back 20 feet from such alley. (2) Side Yard. A side yard set -back of five feet is required except that where the side yard property line is the frontage of a side street, the required set -back shall be 20 feet. (3) Proximity to Main Structure. Accessory buildings shall not be erected within 25 feet of a main structure unless attached thereto by a common wall and constructed of the same materials as the main structure. (i) Signs. No sign of any size or type, either permanent or movable, shall be placed within 30 feet of a front property line. There shall be not more than one exterior sign per building lot except that name plates measuring no more than 12 inches by 24 inches, attached tothe face of the office building and giving notice of tenants within the building, are permissible. Section 1-. J SPECIAL PERMITS FOR PARTICULAR USES 1. Uses listed in Paragraph 4 of this section may be permitted in certain districts under conditions as set forth hereinafter. 2. All special permits required under this section shall be applied for on forms provided by the Planning Department of the Village. All applica- tions shall be filed with the Planning Department of said Village and shall be placed on the agenda of the next regular Planning Commission meeting provided said request is filed at least 10 days prior to said meeting. If said permit is filed with the Planning Department less than 10 days prior to the regular Planning Commission meeting date, said request shall be tabled and appear on the agenda for the following Planning Commission meeting. 3. The village council shall, after receiving the recommendation of the Planning Commission, hold a public hearing and grant or deny the request for a special permit in the same manner as required in Section 13, Paragraph 6. 4. Uses for which special permits may be secured, conditions that must be observed, and districts in which use will be allowed are: Use Minimum Required Conditions Districts (a) Veterinary Clinics No outside runs, building Community Store, and Hospitals located at least 50` from any Commercial property used for residential purposes. Building to be of masonry or equivalent construc- tion. -23- 0 • (b) Funeral (1) At least one off-street parking space Chapel provided on the premises for each five chapel and visitation room seats. (2) All off-street parking areas to be screened by either fencing or plantings. (3) Location and design of all access drives to be approved by the Village Engineer. (4) All drives and off-street parking facili- ties to be paved with an all-weather surface, and the drainage thereof to be approved by the Village Engineer so as to prevent overflowing of streets and public places. (5) No structure to be located closer than 50 feet to any property zoned for resi- dential use or occupied by a one -family, two-family or multiple -family dwelling. (6) All signs to be attached to the structure and not to protrude more than 6 inches from the face of the building, no signs to be placed above the eave line of a structure. (c) Use: Gasoline Service Stations Minimum Required Conditions: Community Store-, Commercial, Regional Shop- ping (1) Minimum frontage on any street shall be 100 feet, but when such a site abuts on 2 streets, said minimum frontage is required on only one of such streets. (2) The minimum lot area shall be 9,000 square feet. (3) There shall be a buffer area of at least ten (10) feet in width, landscaped with evergreen shrubs to form a continuous hedge, and the remainder of such buffer area shall be maintained as lawn or flower beds, on the side or sides of the site which adjoins property used or zoned for single family, two family or multiple family. The continuous hedge shall be planted from the side- walk back to the residential building line with low shrubs not to exceed three and one-half (32) feet in height, and from said building line back to the rear property line with shrubs at least six (6) feet high. (4) The paving, surfacing and drainage of the site shall be subject to approval by the Village Engineer. (5) The main gasoline service station structure shall be located no closer than ten (10) feet to any property line, but accessory structures shall be located no closer than three (3) feet to a side or rear property line and thirty (30) feet to any front property line. -24- (6) Pump islands shall be located no closer than twelve (12) feet to any property line. (7) Only one (1) permanent detached ground display sign may be erected on a street frontage line except that if the frontage on any street is in excess of 150 feet, two such signs may be allowed on said frontage. (8) All exterior lighting shall be so placed and so operated as not to be a nuisance to adjacent properties. (9) The location and width of access drives shall be as follows: (a) Not closer than fifteen (15) feet to a street intersection measured at the curb line commencing at the intersection of the curb lines extended. (b) The radius of an access drive shall not extend beyond a property line extended. (c) Not closer than twenty (20) feet to another driveway providing access to the same lot, measured at the property line. (d) Not wider than thirty (30) feet, measured at the property line. (e) The minimum radius of all access drives shall be five (5) feet. (10) Not more than two (2) trash containers of not more than fifteen (15) gallon capacity each shall be placed on a gasoline service station site so as to be visible from the public street or from adjacent properties. Districts: Community Store, Commercial, Regional Shopping. Note: Ordinance No. 261-46, enacting subparagraph (c) above, also provides as follows: "A special gasoline service station permit shall not be required of any person to whom a building permit for erection of a gasoline service station has been lawfully issued before the date on which this ordinance is passed by the council." Ordinance No. 261-46 was passed on March 23, 1959• 5. All special permits shall remain in force only so long as the premises to which the permit applies are used and occupied for the use stated in such permit. A special permit shall become void if such use or occupancy is abandoned and not resumed within a year after the date of abandonment. Section 1�. DEFINITIONS For the purpose of this ordinance certain terms and words are defined as follows: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory. -25- "Accessory Building" - A subordinate building or portion of the 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. "Alley" - A public thoroughfare less than thirty (30) feet in width. "Basement" - A story partly underground but having at least one-half (2) of its height above the curb level and also one-half (2) of its height above the highest level of the adjoining ground. A basement shall be counted as a story, except that a basement, the ceiling of which does not extend for more than five (5) feet above the curb level or above the highest level of the ad- joining ground, shall not be counted as a story. "Boarding House" - Any dwelling other than a hotel where meals or lodgings and meals for compensation are provided for five or more persons, pur- suant to previous arrangement and not to anyone who may apply. "Building" - Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building. "Cellar" - A story having more than one-half (2) of its height below the curb level and below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. "Corner Lot" - A lot situated at the junction of and fronting on two or more streets. "Curb Level" - The curb level is the level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the Village Engineer shall establish such curb level or its equivalent for the purpose of this ordinance. "Depth of Lot" - The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. "Depth of Rear Yard" - The mean horizontal distance between the rear line of the building and the center line of an alley where an alley exists, otherwise a rear lot line. "District" - A section of the Village for which the regulations govern- ing the height, area, use of buildings and premises are the same. "Dwelling" - Any building or part thereof which is designed or used exclusively for residential purposes by one or more human beings either perman- ently or transiently. "Dwelling" - One family: A building designed for or occupied exclusively by one family. "Dwelling" - Two families: A building designed for or occupied by two families. -26- "Dwelling" - More than two families: A building designed for or occupied by more than two families, including tenement houses, apartment houses, and apartment hotels. "Dwelling Unit" - One or more rooms connected together, but structur- ally divided, from all other rooms in the same structure, which together con- stitute a separate, independent housekeeping unit for permanent residential occupancy by a family or an individual, with facilities to sleep, cook and eat. "Family" - Any number of individuals living together on the premises as a single housekeeping unit, as distinguished from a group occupying a board- ing house, lodging house or hotel as herein defined. "Farming" - The cultivation of the soil and all activities incident thereto, except that said term shall not include the raising and feeding of hogs by feeding garbage thereto, other than garbage produced by the residents or occupants of the farm. "Garage" - Private: A garage with a capacity of not more than four power driven vehicles for storage only and which is erected as an accessory building. A private garage may exceed a four vehicle capacity provided the area of the lot whereon such a private garage is to be located shall contain not less than 1200 square feet for each vehicle stored. "Garage" - Public: Any premises except those described as a private or community garage, used for the storage or care of power driven vehicles, or where any such vehicles are equipped for operation, repair, or kept for remunera- tion, hire or sale. "Garage" - Community: A neighborhood, community or group garage for any number of motor vehicles where all service and selling facilities shall be within the building and shall be for the use only of owners and tenants of such garage. "Hotel" - Any building occupied as a biding place of persons who are lodged with or without meals, in which as a rule the rooms are occupied singly for hire, in which provision is not made for cooking by individuals, and in which there are more than twenty-five (25) sleeping rooms. "Lodging House" - A building or premises where lodging is provided for compensation for five or more persons but not exceeding twenty-five persons. "Lot" - One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including as a minimum such open spaces as are required under this ordinance and having frontage on a public street. "Lot Area" - The lot area is the land area within the lot lines. "Lot Area Per Family" - The lot area per family is the lot area re- quired by this ordinance to be provided for each family in a dwelling. "Lot, Corner" - See Corner Lot. "Lot, Interior" - A lot other than a corner lot. -27- I' * "Lot, Through" - An interior lot having frontage on two streets. "Lot Lines" - The lines bounding a lot as defined herein. When a lot line abuts on a street, avenue, park or other public property except an alley, such line shall be known as a street line, and when a lot line abuts on an alley, it shall be known as an alley line. "Plot" - A tract other than one unit of a recorded plat or subdivision and occupied and used or intended to be occupied and used as a home site and improved or intended to be improved by the erection thereon of a dwelling and accessory buildings and having a frontage upon a public street or upon a thoroughfare or upon a way or upon a traveled or used road and including as a minimum such open spaces as are required under this ordinance. "Premises" - A lot or plot with the required front, side and rear yards for a dwelling. "Rear Yard" - An open space unoccupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. "Side Yard" - An open unoccupied space on the same lot with a build- ing between the building and the side line of the lot, and extending from the front lot line to the rear of the back yard. "Single Family Dwelling" - See Dwelling, One Family. "Street" - A public thoroughfare thirty (30) feet or more in width. "Width of Lot" - The width of a lot is its own mean width measured at right angles to its mean depth. "Yard"- Any space in the same lot with a building open and unobstructed from the ground to the sky. Section 13. ADMINISTRATION 1. Prospective Operation of Zoning Ordinance. Any building which on or before May 28, 1931, was used or being constructed, moved or altered under the authority of a building permit issued by the Village, in a manner or for a purpose which did not conform with the requirements of this ordinance, but which was not prohibited by any other existing ordinance of the Village, may continue to be so used. 2. Reconstruction of Non -Conforming Buildings. Any building located in any district, which is partially destroyed by fire, wind, earthquake or explosion, may be restored to its former use and physical dimensions; provided, that any such building which does not conform to the use, height and other re- strictions of the district in which it is located and is thus destroyed, accord- ing to the estimate of the village council or some official designated by it, to the extent of fifty per cent or more, may not be rebuilt or reconstructed ex- cept in accordance with such restrictions. 3. Public Utility Buildings; Exceptions. Public utility buildings to be used for purposes of rendering service to the community, and not for warehouse purposes or for the storage of bulky materials, when the village 10 council shall deem them to be clearly necessary for the public convenience, may be permitted in any district. Such variation from the height and area district regulation may be allowed for such building by the village council as it deems necessary. 4. Yard Regulations. All yard regulations shall be waived in the Commercial District, but in the Community Store District any building erected or altered that is within 50 feet of the line dividing the Community Store Dis- trict must have the same front yard as is required in the Open Development Dis- trict. 5. Frontage of Buildings on Streets. Every building on a lot which abuts on two or more streets or alleys shall front on such street as provided by the original plat, and in the absence of evidence to the contrary, it shall be presumed that a building shall front on that street on which the lot on which it stands has the least number of front feet. On application a special permit may be issued by a vote of a majority of the members of the council, per- mitting alteration of an existing building or construction of a new building on such lot so as to front on a different street or alley, on the same notice and hearing as set forth in Section 3, Paragraph 2 (a) of this ordinance for permits to erect two-family or multi -family dwellings. 6. Amendment; Hearing. No change shall be made in the boundary line Of the districts, or in the use, height or area regulation of any district, ex- cept after a public hearing and upon the two-thirds vote of the council. The council may, or upon a petition of ten per cent by number of the property owners within 200 feet of the property to be affected by the proposed change, shall fix a date which shall not be less than ten days or more than thirty days away for a hearing upon the subject of such change. Notice of such meeting and proposed change shall be posted in at least three conspicuous public places in the Village. At the time and place fixed in the published notice the council shall hear all objections and recommendations relative to such amendment, sup- plement, change or repeal of the existing provision. 6a. Individual Variances. (a) Conditions of Granting. The council may authorize variations of the strict application of the terms of this ordinance as to use, location, con- struction or alteration of buildings or structures or the use of land in indi- vidual cases if the following conditions and all other conditions having a bear- ing on the case, are satisfied: (1) the variation will not merely serve as a convenience to the ap- plicant therefor, but will alleviate a demonstrable and unusual hardship which tends to deprive the owner of any reasonable use of his property; (2) such condition of hardship was not created by act or omission of the applicant or the owner; and (3) the granting of the variation will not prevent an adequate sup - Ply of light and air to adjacent property or streets, or substantially increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or otherwise un- reasonably impair the public health, safety, confort, morals or welfare of the inhabitants of the Village. -29- (b) Procedure for Granting. The applicant for a variation shall submit a written request therefor to the Planning Commission of the Village on the form prescribed by said commission, which request shall be accompanied by the sum of ten (10) dollars as a fee for a variance application. The commission shall arrange with the applicant for a hearing on the matter at a meeting of the commission to be held within 40 days after filing of such form at the vil- lage hall. The matter shall subsequently be heard by the council at a regular or special meeting thereof on the same notice as provided in paragraph 6 above. The council shall at such time hear all objections and recommendations, includ- ing the recommendation of the Planning Commission. The request for variation shall be approved by a favorable vote of not less than two-thirds of the members -elect of the council, or failing of approval by such vote, shall be deemed to have been denied. (c) Record of Variances. The Planning Commission shall maintain a permanent record on file in the village hall of all applications for variances received under the provisions of this paragraph, and of the final action taken thereon. (d) The provisions of this paragraph are additional but not alternative to any other provisions contained in this ordinance for the granting of relief in individual cases from the strict application of particular requirements of this ordinance, and shall not apply to cases in which relief may be had under such other provisions contained in this ordinance, including the cases to which paragraph 6 above is applicable. 7. Delegation of Administration. The village council shall enforce the provisions of this ordinance through the proper legal channels, but may delegate the duty of administering it to any employee as it may deem proper. Any person objecting to the ruling of any official on the administering of the provisions of this law shall have the right to appeal to the council at any regular meeting. 8. Violation a Misdemeanor; Penalty. The owner of a building or premises in or upon which a violation of any provision of this ordinance has been committed or shall exist; or the lessee of the entire building or entire premises in or upon which violation has been committed or shall exist; or the owner or lessee of any part of the building or premises in or upon which such violation has been committed or shall exist, shall be guilty of a misdemeanor, punishable by a fine of not more than One Hundred Dollars ($100.00) for each and every day that such violation continues. Any such person, who having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service, or shall continue to violate any provision of the regulations made under authority of this ordinance in the re- spect named in such order, shall also be subject to a civil penalty of not to exceed One Hundred Dollars ($100.00). 9. Interpretation. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the pro- motion of the public safety, health, convenience, confort, prosperity and general welfare. It is not the intention of this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of building or premises or upon height of building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or permits, or by easements, covenants or agreements, the provisions of this ordinance shall govern. -30- 0 10. Partial Invalidity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. -31- • O� No. 261 AN ORDINANCE REGULATING THE LOCATION, SIZE, USE AND HEIGHT OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS AND THE DENSITY OF POPULATION IN THE VILLAGE OF EDINA, AND DIVIDING THE VILLAGE INTO DISTRICTS, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN THE VILLAGE ` SECTION 1. TITLE � � The short form title by which this ordi- t nance may be referred to shall be "The aN Zoning Ordinance of Edina." \ SECTION 2. DISTRICTS ESTABLISHED For the purpose of this ordinance the •j�. ? Village of Edina is divided into the follow- sr ing districts, and the uses of structures and lands, height buildings f the of and the area In of premises for buildings are to be uniform 44 in each district: t !' t4) 1. Open Development District. 2. Community Store District. :' 3. Commercial District. t These districts and their boundaries are ` hereby established. No building or premises shall be erected or used for any purpose that does not comply with the use, height and area regulation of the district in which • such building or premises is located. SECTION 3. OPEN DEVELOPMENT DISTRICT 1. Limits of District. For the purpose of this ordinance and for no other purpose, all of the incorporated territory of the Village within the County of Hennepin shall be and the same is hereby established as and placed in the Open Development District, except such portions of such territory here- inafter specifically placed in and established as some other district. 2. Structures Permitted Therein. Any build- ing, structure, improvement or premises may be erected, established, altered, enlarged, used, occupied or maintained in the Open Development District under the provisions of this ordinance for the following purposes, if and when a building permit shall have been issued by the village clerk, and no person shall erect, establish, alter, enlarge, use, occupy or maintain any building, struc- ture, improvement or premises without first having obtained such permit: (a) Country estates and other single fam- ily dwellings; provided, that upon applica- tion to the council a special permit may be issued for the erection of a two-family or multi -family dwelling, subject to all other provisions and restrictions contained herein. No such special permit shall be issued un- less approved by a majority of the members of the council. Notice of application for such special permit shall be mailed to the owners of all property situated within 500 feet of the property on which the proposed two- family or multi -family dwelling will be lo- cated. Such notice shall specify a time and place at which such application for a spe- cial permit will be heard and at such hear- ing the council shall consider the objections. if any, raised by owners of other property located within this Village. (b) Country Clubs and club grounds, ex- cept those carried on as a business, such as miniature golf, or a public bowling alley. (c) Golf courses. (d) Polo fields. (e) Grounds for colleges and seminaries. (f) Fraternity houses. (g) Farming, truck gardening and or- chards. (h) Private and public forests. (i) Horticultural nurseries and green- houses. (j) Conservatories for plants and flowers. (k) Public libraries, schools, churches, parish houses, grange halls. (1) Parks, public recreation buildings, playgrounds and museums. (m) Private greenhouses. (n) Transportation rights -of -way. (a) Inconspicuous real estate rental or for sale signs of not more than 4 square feet in area. (p) Office or studio of a professional man accessory to his dwelling. (q) Houses or dwellings in which there are carried on customary home.occupations, including boardfng and rental of rooms to not more than three people. (r) Name plates not exceeding one square foot shall be permitted, and such name plates shall contain only the name and occupation of an occupant of the prem- ises. (s) Accessory buildings, including private garages, when located not less than thirty feet from the front line of lot or plot and not less than five feet away from any side line; and one building to be used as a dwelling for servants, provided the aggre- gate ground this covers shall not exceed fifteen per cent of the total area of the lot or plot; no part of the main building or accessory buildings to be nearer than thirty feet to the front line of such lot or plot. When the width of the thoroughfare or way or road is not established of record, the council, by a four -fifths vote, may determine, for the purpose of the interpretation of the provisions of this ordinance, the location of said front line. (t) Private stables, if situated in unplatted areas, unless otherwise provided by ordi- nance. In the event no public street, no thorough- fare, no way or no travelled or used road abuts a tract on which it is intended to erect a dwelling and accessory building, said tract not being a lot or plat as defined herein, then and in that event no part of the main building and no part of any ac- cessory building shall be nearer than sixty feet to the boundary line of said tract to- ward which the main building faces or is intended to face. 3. Single Family Dwellings; Waiver of Requirements. Where the land is platted or subdivided and the plat is recorded, a single family dwelling may be erected or altered and used by one family on any lot if such lot conforms to the requirements for platting or subdividing set forth herein; pro- 7- `8 J —79— Y i 76L01 __1f) vided, however, that if the lot on which it is proposed to erect a single family dwelling does not conform to these requirements, and if it would work an unreasonable hard- ship on the applicant to obtain the neces- sary property so as to conform with the requirements set forth therein, the council may waive the requirements of this ordi- nance as applied to said lot and permit the erection or alteration and use of a single tam' y dwelling oyny lot / 3 y� rze, r�Stae, D t of Lots. (a— -) No'and s cr be pTaifed �S .t ad which at the time of application for approval of the plat is provided with public water connections or in which public water connections are contemplated, unless such plat or subdivision meets all of the follow- ing minimum requirements: (1) Each lot shall have a frontage on a public street of not less than 75 feet, except that in case of corner lots the minimum frontage shall be not less than 80 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be a smaller frontage than 60 feet. (2) The average minimum depth of each lot shall be not less than 120 feet; provided, -that tbCequirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 9,000 square feet. ',(b) No land shall be platted or_.su6di- ,vided which at the time of application for approval of the plat is not provided with public water connections and in which pub- lic water connections are not contemplated, unless such plat or subdivision meets all of the following minimum requirements: (1) Each lot shall have a frontage on a public street of not less than 90 feet, ex- cept that in case of corner lots the minimum frontage shall not be less than 95 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be a smaller frontage than 60 feet. '.fi- _;e,-ra' ? - - �7)�fie ave'r'age miriimi)m' db'p""iH` �f eacir lot shall be not less than 125 feet; provided, that this requirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 12,000 square feet. (c) All lots contained in land hereafter platted oweab4 ided shall have side lines as nearly as practical at right angles to the street line. (d) No building permit shall be issued relating to any land which has been plat- ted or subdivided in violation of this section or which hasg,en conveyed in contraven- tion or_Winnesota a u ess,, Chapter 4711L `,Sectio 71 9. (Ll�l-h1 r l . 5. Size o Lot in Relation to Dwelling Thereon. The minimum standard of residence requirements in the open development dis- trict shall be a lot or premises of 8,250 square feet for a one -family dwelling, 10,000 square feet for a two-family dwell- ing, and for multiple family dwellings hous- ing more than two families, 10,000 square feet for the first two families and 2,000 square feet additional for each family in excess of two. No two-family or multiple family dwelling shall be erected except in 12. Projections into Open Spaces. Cor- France Avenue and 125 feet on the north accordance with the procedure set forth in nices and eaves may project not to exceed village limit line. (Z,; / paragraph 2 (a) of this section. 30 inches into a required open space, and r` (b) On France Avenue at 50th Street, a 6. Platting of Corners. Whenever land is fireplaces and chimneys may project not to strip of land 125 feet deep and extending platted into building lots, the corner at in- exceed 18 inches into a required open from 50th Street north 330 feet and south tersecting streets shall be rounded off to a space, provided that no such projection 330 feet; a strip of land 125 feet deep on radius of 10 feet, or cut off diagonally on a shall extend over any lot line. each side of 50th Street and extending west line connecting two points measured 10 feet 13. Porches; Bay Windows. Entrance steps from France Avenue a distance of 520 feet; on each street from the corner. not more than 30 inches above the level and a plot of ground described as follows: 7. Structure Adjacent to Platted Lots. of the ground and canopies not supported Beginning at a point on the South line of Where land is platted into building lots, by posts may project into the front or side 50th Street distant 520 feet West of the no permit shall be issued for any building yard a distance of not to exceed three feet, Easterly side line of France Avenue, thence or house on the adjoining unplatted land and a bay window may project into the West 80 feet, more or less, to the Easterly nearer than 50 feet to the platted area, front yard or side yard a distance of not side line of Halifax Avenue; thence South except by unanimous vote of the council. to exceed three feet, along the side line of Halifax Avenue a 8. Reducing Yard Space and Lot Area 14. Height Limit on Buildings. No build- distance of 100 feet; thence in an Easterly direction with the South line of Prohibited. The open spaces about any building now existing or hereafter erected ing shall be erected to exceed two and one- half stories in height in the Open Develop- parallel 50th Street a distance of 80 feet, more or shall not be so reduced or diminished that ment District provided that for institutions less, to a point 520 feet West of the Easterly side line of France Avenue; thence North the yards or lot area shall be smaller than required by this ordinance. on large grounds the village council may in their discretion permit buildings which con- to the place of beginning; and a plot of 1\ 9. Yards Required; Set -Back of Building form to other district regulations to be ex- tended to a height beyond the height limit ground described as follows: South 25 feet of the North 150 feet of the East 95 feet Front. There shall be a front yard, a rear yard and two side yards provided for all yarddNo of this section. Church spires, belfries, chim- of the West 160 feet of Lot 43, Auditor's Subdivision 172, according to the plat v rear and shall be less than dwellings.y neys, architectural finals may be permitted to exceed the maximum provision of this thereof on file and of record in the office t� 25 feet in depth. No garage or other ac- section when erected in accordance with the of the Register of Deeds in and for Henne- cessory building shall be located less than 5 feet from the rear line of the lot, but any ordinances of thi Village. _ /-` j ,r(� / - 39 in County, Minnesota; p y provided that within said plots of ground 'y garage which is constructed for the housing oca ion of �u lic uildings and In- and said strips of land fronting on the of motor vehicles which use Village streets stitutions. For the purpose of maintaining north and south side lines of 50th Street or alleys shall be provided with a driveway the open development character of the dis- no buildings shall be erected nearer than not less than 20 feet in length, measured trict, no public, semi-public or institutional 40 feet to the center line of said 50th Street. from the lot line to the garage doors. No buildings shall be located except upon ids e varc�shall be less thaw f(y ...fe t %_ premises facing or adjoining a public park, (c) Three squares of land at France Ave - width. No front y` air �'s1oI be less than 30 playground, school ground, college grounds, nue and 54th Street, being the three cor- feeT'in`depth, excepting where on one side public institutions, church, social center, ners in the Village of Edina measuring 125 of the street between two intersecting streets railway station or other institutional build- feet on France Avenue and 125 feet on there are already buildings, no building ings, or on land entirely surrounded by 54th Street. shall hereafter be erected or be extended so streets and alleys, or on land at least three (d) The triangular piece of ground at the as to project beyond a line drawn between sides of which abut on public streets, or intersection of Interlachen Boulevard and the nearest front of the first adjacent build- ing on each side. Where this rule as to front upon premises facing, adjoining, or across an alley or street from a railway right -of- Main Street measuring 125 feet on each yard depth works a hardship because of way; provided, that if the public, semi - street. the unusual placement of the older build- public or institutional buildings use or occu- (e) Lots 8, 9 and 10, Block 21, and Lots ings, the curved line of the street, the con- py not to exceed 30 per cent of the area of+11, 12, 13 and 14, Block 22, Fairfax tour of the land, or the size of the lots, the the lot or premises and do not extend "'Addition, and the miscellaneous triangular village council shall decide the depth of the nearer than 30 feet to an adjoining owner- .: piece of land containing approximately 1.38 front yard. No building hereafter erected ship used for dwelling, the above restric- 3 acres lying south of West 62nd Street and by itself or together with other buildings tion shall not apply. ..east of Wooddale Avenue extended. then located on any lot shall occupy more 16. Location of Hospitals, Cemeteries, Etc.; ' (f) The land on the northeast corner of than 30 per cent of the area of any interior 35 the are Hearing. Because of the necessity for hospi-14� i� -y-lighway No. 5 and Poor Farm Road meas- + V lot or more than per cent of 33G� talc, sanitariums and cemeteries, and also'red 150 feet on Highway No. 5 and 150 V of any corner lot. i G� }} because they may be inimical to the health,7-1 feet on the Poor Farm Road. 10. Set -Back of Building Front on Corur Lots. On a corner lot the width of the side safety and general welfare of the com- munity if located without due consideration (g) That part or parcel of land which yard abutting upon a street shall be not depth to the conditions and surroundings, no hos- be lies north of State Highway No. 169 and between said State Highway No. 169 and O less than the minimum front yard re- pital, sanitarium or cemetery shall per- the old road known as Eden Prairie Road, r quired on an adjoining interior lot fronting upon the same street but this shall not re- mitted in the Open Development District except after a public hearing and upon the and east of Blake Road extended to its in- duce the buildable width of any corner lot unanimous vote of the council. The council tersection with said State Highway No. 169, in Village Edina. to lthan 32 feet at the ground story shall on request of the applicant fix a date, said of leveless. No land shall be platted or subdi- which shall not be less than ten days or (h) Lots 28, 29, 30, 31 and 32, Block 3, vided hereafter so as to create any corner more than thirty days away, for a hearing Grand View Heights, according to the map lot having a width less than five feet in on the necessity and convenience of such or plat thereof on file and of record in the excess of the minimum width of other lots building to the community and whether it office of the Register of Deeds in and for in the same block which are not corner lots. will be detrimental to the health, safety and Hennepin County, Minnesota. 11. Structures at Street Intersections. Be- tween the lines of intersecting streets and general welfare. Notice of such hearing shall be posted in at least three conspicu- (i) The south feet of the south half of Lot 35, exceptt the east 13 feet thereof, a line joining on such lines 25 feet I 9 points ous public places in the Village. �+'f/��iw y (1-1Y-s3 �yLf _ S, Auditor's Subdivision No. 172, Hennepin distant from their point of intersection or, in the case of a rounded corner, the point Apw .44� G /_ 3 - )-. Count Minnesota. y. of intersection of the tangents, no building COMMUNITY STORE DISTRICTS (I) The east twenty-two (22) feet of the or structure may be erected and no vege�t� �*/-D south one hundred sixty-five (165) feet of tation (other than shade trees trimmed up -y�- 3 1. Community Store District Boundaries. Lot Thirty-six (36), Auditor's Subdivision to a distance of at least 10 feet above thetlThe community store districts are established No. 172, according to the map or plat curb line) may be maintained above a as follows: thereof on file and of record in the office height of three feet above the curb grade, (a) In the northeast corner of the Village, of the Register of Deeds in and for Hen - for the purpose of corner visibility. a square area measuring 125 feet on nepin County, Minnesota. ass -80- • (k) The tract of land lying between the north line of 50th Street and a line 137.5 feet south of and parallel to the south line of 49th Street, and lying between the west line of France Avenue and a line 630.0 feet west of and parallel to the west line of France Avenue. (1) A strip of land 25.38 feet wide, ex- tending from a line parallel with and 125 feet west of the west line of France Avenue to a line parallel with and 150.38 feet west of said west line of France Avenue, and extending south from a line parallel with and 125 feet south of the south line of West 50th Street to a line parallel with and 462 feet south of said south line of West 50th Street; a strip of land extending 150.38 feet west from the west line of France Avenue and lying between a line parallel with and 462 feet south of the south line of West 50th Street and a line parallel with and 590 feet south of the south line of West 50th Street; a strip of land lying between a line parallel with and 125 feet south of the south line of West 50th Street and a line parallel with and 175 feet south of the south line of West 50th Street, and extending from a line parallel with and distant 150.38 feet west of the west line of France Avenue to a line parallel with and distant 520 feet west of the west line of France Avenue. (m) Lots 1, 2, 4, 5, 6, 25, 26 and 27, Block 3, and Lots 11, 12, 13, 14 and 15, Block 4, all in Grandview Heights Addition • 3%, to the Village of Edina. (n) All that part of the Southeast Quarter M^ (SE/4) of the Southwest Quarter (SW�/4) of Section Nineteen (19), Township Twenty- eight (28), Range Twenty-four (24), Henne- pin County, Minnesota, facing east on Wooddale Avenue and south on Valley v View Road, and running north a distance of Three Hundred Feet (300') from the corner of said Valley View Road and Wooddale Avenue, and extending west a distance of Three Hundred Feet (300') from Wooddale Avenue. (a) Lot 17, Block 1, in Brookside Heights Addition. (p) That part of Government Lot Seven (7), Section Twenty -Eight (28), Township One Hundred Seventeen (117) North, Range Twenty -One (21) West, lying North of Old Eden Prairie Road and East of State High- way One Hundred Sixty -Nine -Two Hundred Twelve (169-212) (A:.61). (q) The West One Hundred Fifty-five (155) Feet of Government Lot Eight (8), Section Twenty -Eight (28), Township One Hundred Seventeen (117) North, Range Twenty-one (21) West, measured along the North line thereof and lying North of road. (A: 1.39.) (r) That tract of land situated in Section 19, Township 28N, Range 24W, described as follows: Beginning at the Southeast Corner of the Southeast Quarter (SEI/4) of the Southwest Quarter (SW/4); thence West along the South line thereof 400.0 feet; thence North and parallel to the East line of said Southeast Quarter (SEY4) of Southwest Quarter (SWY4) 411.0 feet to the center of Valley View Road as travelled; thence Southeasterly along the said center line of Valley View Road 422.0 feet to the East line of said Southeast Quarter (SE'/4) forms with the general development of a of Southwest Quarter (SW/4); thence South community store istriicctt 282.0 feet to the place of beginning. ec apical ower ermitte . No build- (s) Lots 2 and 3, Block 1, Edenmoore ing or premises shall be used for any kind Additioqq to the Villa e of Edina. of manufacture, repairing, alteration, con- �,«,,, (T) (t<s.) eV� 3 ^33-53 i1.1-1 verting or finishing which uses mechanical 2. General Character of District. In the power aggregating more than five (5) horse - Community Store District no buildings or power per 2,000 square feet of ground premises shall be used, and no building area. shall be erected or altered except for pur- 7 44,(,yL /-a7-) 8�36/-.,77 poses customarily necessary to serve a resi- SECTION xC. dential community having access to the larger market of an adjoining city. COMMERCIAL DISTRICT 3. Specific Uses Permitted in District. The following uses are permitted, if and when a building permit shall have been issued by the village clerk, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any building, structure, improve- ment or premises without first having ob- tained such permit: (a) All uses permitted in the Open De- velopment District. (b) Amusement places. \ ; (c) Bakeries. - (d) Barber shops, beauty parlors. (e) Catering establishments. (f) Comfort stations. (g) Conservatories. 'a (h) Dressmaking establishments. "C (i) Electric repair shops. (j) Financial institutions. (k) Fire station or police stations. (1) Furniture stores. (m) Gasoline filling stations. f (n) Hotels. " ? (a) Lodge halls. (p) Messenger or telegraph serv'!gC -st tions. (q) Millinery shops. W Offices. (s) Painting and decorating shops. (t) Photograph galleries. (u) Plumbing shops. (v) Post offices. (w) Printing shops. (x) Public garages. (y) Recreation buildings and structures. (z) Restaurants. (aa) Sales or show rooms. (bb) Shoe repairing shops. (cc) Skating rinks. ' (dd) Stores and shops for the conduct of retail business with or without flats above. v 1. Boundaries of Commercial District. The Commercial District is established as fol- lows: (a) Block 2, Grand View Heights Addi- tion, and the miscellaneous tract of land immediately south of the west one-half of said Block 2 and north of the Eden Prairie Road. (b) Lot 7 and the north one-half of Lot 8, Block 3, Grandview Heights Addition. W (c) A strip of land 600 feet wide extend - ling from the Eden Prairie Road to the T southern line of Section 28, the center line f said strip being the main line track of 1' he Minneapolis, Northfield & Southern Rail - '+sway. (d) That Tract of Land situated in Section 28, Township 117N, Range 21 W, described as follows: Commencing at the Southwest corner of Government Lot Eight; thence North 925 Ft. to Centerline of Eden Prairie Road; thence Northeasterly along said Centerline 246 Ft. to a point 221.8 Feet East at right angles from West Line of Lot Eight; then South 259.4 Ft. parallel with West line of Lot Eight; then Southerly 796.4 Feet to a point in the South line of Lot + I Eight distant 246.8 Feet East from begin-�Ysorl{� ning; then West 246.8 Feet to beginning`_S7„� e except road. 3^4_S`(�tt�l-4 �/ -� eight and loading Areas of Buildings. No building shall be erected to a greater height than 40 feet along State Trunk High- way No. 5 and the Hopkins Road for a distance of 100 feet back thereof, otherwise there are no height restrictions in the coin- aft( mercial district. All buildings shall be placed and arranged on their grounds as to permit of all loading and unloading on their own premises and not from the street. 3. Specific Uses Permitted in District. The following uses are permitted, if and when a building permit shall have been issued by the village clerk, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any building, structure, improvement or premises without first hav- keel Studios and theaters. ing obtained such permit: (ff) Tailor shops employing not more than five (5) persons. 4. Height and Loading Areas of Buildings. No building shall be erected to a height greater than 40 feet, and each building shall be so arranged on its grounds as to permit of all loading and unloading on its own premises and not from the street. 5. Storage of Materials. No premises shall be used wholly or in part for the storage of any material whatsoever except where such materials are stored in a building and where the character of such building can. (a) All uses permitted in the Open De- velopment District. (b) All uses permitted in the Community y Store District. (c) Coal tipples and storage under cover. (d) Lumber yard in buildings. (e) Building material yards. (f) Public garages for repairing and stor- ing cars. (g) Battery and tire service establish- ments. (h) Blacksmith repair, machine shop or tinsmith. —81— (i) Carting, express or moving van with alley where an alley exists, otherwise a storage yard connected therewith. rear lot line. (j) Ice plants. 10. "District" - A section of the Village, (k) Steam laundries. for which the regulations governing the (1) Milk distributing stations. height, area, use of buildings and premises (m) Storage warehouses. are the same. (n) Loading facilities for stock. 11. "Dwelling" -Any building or part thereof which is designed or used exclu- (o) Feed mills. sively for residential purposes by one or (p) Freight stations. more human beings either permanently or (q) Gasoline and oil storage depots, sub- transiently. ject to approval of the village council as to 12. "Dwelling" - One family: A building location, arrangement and quantity. designed for or occupied exclusively by one (r) Dry cleaning establishments, subject family. to approval of the village council as to lo- 13. "Dwelling"Two families: A build - cation and arrangement; or ing designed for or occupied by two fam- (s) Other enterprises or business which ilies. in the opinion of the village council are no more obnoxious or detrimental to the wel-';i /14. "Dwelling" -More than two fam- fare of the community than the enterprises y ilies: A building designed for or occupied business d by more than two families, including tene- or enumerat i this section. �%�p)�!( 7i�G J�-�---.Lffri-S34411- )ment houses, apartment houses, and apart- SECTION D FIKIITIOIV� 7u/v 15"' /-77-f�iJ(o✓ 36i ment ment hotels. 15. "Family" -Any number of individ- T� 'CA For the purpose o is or inance certain uals living together on the premises as a terms and words are defined as follows: single housekeeping unit, as distinguished (tw - 0) �1 1. Words used in the present tense shall include the future; words in the singular in- clude the plural, and the plural the singu- lar; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" Is mandatory and not directory. N1� 2. "Accessory Building" - A subordinate 70 building or portion of the main building which is located on the same lot as the main ,r f building and the use of which is clearly incidental to the use of the main building. 3. "Alley" - A public thoroughfare less y than thirty (30) feet in width. \ 4. "Boarding House" -Any dwelling other than a hotel where meals or lodgings and meals for compensation are provided for five or more persons, pursuant to pre- vious arrangement and not to anyone who may apply. ,D 5. "Building" -Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate build- ing. 6. "Corner Lot" - A lot situated at the junction of and fronting on two or more streets. 7. "Curb Level" -The curb level is the level of the established curb in front of the building measured at the center of such front. Where no curb level has been estab- lished, the village engineer shall establish such curb level or its equivalent for the purpose of this ordinance. 8. "Depth of Lot" -The mean horizontal distance between the mean front street and the mean rear lot line. The greater frontage of a corner lot is its depth and its lesser frontage is its width. 9. "Depth of Rear Yard" -The mean horizontal distance between the rear line of the building and the center line of an from a group occupying a boarding house, lodging house or hotel as herein defined. 16. "Farming" -The cultivation of the soil and all activities incident thereto, ex- cept that said term shall not include the raising and feeding of hogs by feeding garbage thereto, other than garbage pro- duced by the residents or occupants of the farm. 17. "Garage" -Private: A garage with a capacity of not more than four power driven vehicles for storage only and which is erected as an accessory building. A private garage may exceed a four vehicle capacity provided the area of the lot whereon such a private garage is to be located shall contain not less than 1200 square feet for each vehicle stored. 18. "Garage" - Public: Any premises ex- cept those described as a private or com- munity garage, used for the storage or care of power driven vehicles, or where any such vehicles are equipped for operation, repair, or kept for remuneration, hire or sale. 19. "Garage" - Community: A neighbor- hood, community or group garage for any number of motor vehicles where all service and selling facilities shall be within the building and shall be for the use only of owners and tenants of such garage. 20. "Hotel" - Any building occupied as a biding place of persons who are lodged with or without meals, in which as a rule the rooms are occupied singly for hire, in which provision is not made for cooking by individuals, and in which there are more than twenty-five (25) sleeping rooms. 21. "Lodging House" - A building or premises where lodging is provided for com- pensation for five or more persons but not exceeding twenty-five persons. 22. "Lot" -One unit of a recorded plat or subdivision occupied or to be occupied by a building and its accessory buildings and including as a minimum such open spaces as are required under this ordinance and having frontage on a public street. 23. "Lot Area" - The lot area is the land area within the lot lines. 24. "Lot Area Per Family" - The lot area per family is the lot area required by this ordinance to be provided for each family in a dwelling. 25. "Lot, Corner" -See Corner Lot. 26. "Lot, Interior" - A lot other than a corner lot. 27. "Lot, Through" - An interior lot hav- ing frontage on two streets. 28. "Lot Lines" -The lines bounding a lot as defined herein. When a lot line abuts on a street, avenue, park or other public property except an alley, such line shall be known as a street line, and when a lot line abuts on an alley, it shall be known as an alley line. 29. "Plot' - A tract other than one unit of a recorded plat or subdivision and occu- pied and used or intended to be occupied and used as a home site and improved or intended to be improved by the erection thereon of a dwelling and accessory build- ings and having a frontage upon a public street or upon a thoroughfare or upon a way or upon a traveled or used road and including as a minimum such open spaces as are required under this ordinance. 30. "Premises" - A lot or plot with the required front, side and rear yards for a dwelling. 31. "Rear Yard" - An open space unoc- cupied except for accessory buildings on the same lot with a building between the rear lines of the building and the rear line of the lot, for the full width of the lot. 32. "Side Yard" -An open unoccupied space on the same lot with a buil.fing be- tween the building and the side line of the lot, and extending from the front lot line to the rear of the back yard. 33. "Single Family Dwelling" -See Dwelling, One Family. 34. "Street" -A public thoroughfare thirty (30) feet or more in width. 35. "Width of Lot" -The width of a lot is its own mean width measured at right angles to its mean depth. 36. "Yard" -Any space in the same lot with a building open and unobstructed from the ground to the sky. 22 SECTION ^ADMISTRA ION 1. Prospective Operation of Zoning Ordi- nance. Any building which on or before May 28, 1931, was used or being con- structed, moved or altered under the au- thority of a building permit issued by the Village, in a manner or for a purpose which did not conform with the requirements of this ordinance, but which was not prohibited by any other existing ordinance of the Village, may continue to be so used. 2. Reconstruction of Non - Conforming • • Aw -82- i 0 Buildings. Any building located in any dis- trict, which is partially destroyed by fire, wind, earthquake or explosion, may be re- stored to its former use and physical di- mensions; provided, that any such building which does not conform to the use, height and other restrictions of the district in which it is located and is thus destroyed, according to the estimate of the village council or some official designated by it, to the extent of fifty per cent or more, may not be rebuilt or reconstructed except in accordance with such restrictions. 3. Public Utility Buildings; Exceptions. Public utility buildings to be used for pur- poses of rendering service to the commu- nity, and not for warehouse purposes or for the storage of bulky materials, when the village council shall deem them to be clearly necessary for the public convenience, may be permitted in any district. Such variation from the height and area district regulation may be allowed for such building by the village council as it deems necessary. 4. Yard Regulations. All yard regulations shall be waived in the Commercial District, but in the Community Store District any building erected or altered that is within 50 feet of the line dividing the Community Store District must have the same front yard as is required in the Open Development District. 5. Frontage of Buildings on Streets. Every building shall front on such street as pro- vided by the original plat, and in the ab- sence of evidence to the contrary, it shall be presumed that a building shall front on that street on which the lot on which it stands has the least number of front feet. If a lot abuts on two or more streets or alleys, on application a special permit may be issu d by a vote of a majority of the memberis of the council, permitting alteration of an dxisting building or construction of a new building on such lot so as to front on a diff4ent street or alley, on the same notice nd hearing as set forth in Section 3, paragraph 2 (a) of this ordinance for per- mits tp erect two-family or multi -family welli s /O-1sl—tt�Lt.f—Il� 6. Amendment; Hearing. No change shall be made in the boundary line of the dis- tricts, or in the use, height or area regu- lation of any district, except after a public hearing and upon the two-thirds vote of the council. The council may, or upon a petition of ten per cent by number of the property owners within 200 feet of the property to be affected by the proposed change, shall fix a date which shall not be less than ten days or more than thirty days away for a hearing upon the subject of such change. Notice of such meeting and proposed change shall be posted in at least three conspicuous public places in the Village. At the time and place fixed in the published notice the council shall hear all objections and recommendations relative to such amendment, supplement, change or repeal of the a)5isting provision. �"7 `�olegafior5' 07 Administrati'n.-`the vill- age council shall enforce the r rovisions of this ordinance through the proper legal channels, but may delegate the duty of administering it to any employee as it may deem proper. Any person objecting to the ruling of any official on the administering of the provisions of this law shall have the right to appeal to the council at any regu- lar meeting. 8. Violation a Misdemeanor; Penalty. The owner of a building or premises in or upon which a violation of any provision of this ordinance has been committed or shall exist; or the lessee of the entire building or entire premises in or upon which violation has been committed or shall exist; or the owner or lessee of any part of the building or premises in or upon which such violation has been committed or shall exist, shall be guilty of a misdemeanor, punishable by a fine of not more than One Hundred Dollars ($100.00) for each and every day that such violation continues. Any such person, who having been served with an order to re- move any such violation, shall fail to com- ply with said order within ten days after such service, or shall continue to violate any provision of the regulations made un- der authority of this ordinance in the respect named in such order, shall also be subject to a civil penalty of not to exceed One Hundred Dollars ($100.00). 9. Interpretation. In interpreting and ap- plying the provisions of this ordinance, they shall be held to be the minimum require- ments for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare. It is not the intention of this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, how- ever, that where this ordinance imposes a greater restriction upon the use of building or premises or upon height of building, or requires larger open spaces than are im- posed or required by other ordinances, rules, regulations, or permits, or by ease- ments, covenants or agreements, the pro- visions of this ordinance shall govern. 10. Partial Invalidity. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. —83— CUr MICE NO. 261-1 AN ORDITUN S A14ENDING THE ZONING ORDINMIGE OF THE VIUAGE OF EDINA THE VILI. GE COUT1,TCYL 07 THE T111LAGE OF EDINA, MIN ESOTA, ORDAINSs Section 1. Section 4 of Ordi.nartee No. 261, edtitled "The Zoning Ordinance of Edina," is hereby ar3arided by inserting after Paragraph No. 1, Sub- section (s} the folloraingi 1(t) Lot 24, FIr-)Ck 3, Grandview Heights Addition. (u) Lots 1, 2, 31 4, 12, 138 14, 15, 16 and 17, Block 7, Tingdale Bros. Brookside, including that portion of the South 1/2 of Yancy Street vacated, 'Located between ekttensions northward of the East and West lines of Lots 1 and 17 of said Block 7, but excepting therefrom any portion of said. lots taken by the State of Minnesota for State Highway p.raos�s. (v) .Lots 1 and 2, Block 8, '��Igda? Rrothns Brookside.' Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 23rd day of A':,arch, 1953. (Signed) REURM F. ERICKSON ATTEST: Igor (Signed) EVALD C , B N14 Village Clerk Published in Edina.-`!orningside Courier April 23 and -30, 1953. 01MI tiANCE NO. 261-c2 Alr ENUING THE zor !NG ORDINANCE of THE �1 GE ED `NA BY M.A.KDTG FROVISION THEREIN FOR A TIO d?kL SHOfP11�,1rz �pDI.S`I:RrIG°:�'t AND DEFINING THE d.91.}1J:��'.�ixR1ES i Hl: REOF. OF "'h`F t�..f:.I UT! A, M1ATJES0TA, ORDAINS: on 2 of 261. of t I:v Revised cid Ordi.�a,rc- Ss of the Vil] age reby aRY, �_ . �i .�' J. read as _foll_o s: .� on 2. Distr_icc., %t,a ?iska ii. G j_ Yj"-- J"j r the purpose of F:.r-,is ordinance the Viliage of Edina is diti'ided inns olloiAng districts, and the use of structures and lands, the haig,jt of ings and tho o- as of -premixes for buildings are to be dAnifor 7, in each ict: Open Dedelopm nt District. Community Stone District. . Cor-rnt ercia,l District. 4. Regional Shopping D .stria c "These districts a2�their ound l°ies xi c.'. __- ,cP^by established, No ��zlldig}g or premise: shall be ,-M used for any pu--i �o ae that does riot co�,ply Frith the use, eiF i, 4 h� ,u g;,'t.ic_. -):" the district in which such building or pr ar-ass. a Section 20 Section C2i1 , ---ls 01 sa' �! "I'd2-712-2--ce No. 261, Is, hex'C;Fby i. enu-_ tbered Section 7, and Section 7, Aairnistraiion, 01 said Ordinance 11o., 261 '?s hereby r., . numbered Section 8. Section 3. Sad `✓+'�.:.At::G' c ,. i`lo v 261 is har ' y a:.. e��. nrsdeo by��•dd��ng tt�rQto a no b as folloWs'.1 "Section 6. Rem .�r� 1_ S o:1L.:j_;,, » District,, 1. Baundaries Of'eg-OMI Shopping Dicta-i-et. The a%egi .:gal. Shapp _ng District is establ -ish -:d as foll.o--.s : (a) That Paz--(, of tl�. ! or hsast Quarter (NElA) of Section 30, Twp..28, P,^-Y,,, 24 in the So L:!'l-,&s : Coaz`ner thereof 554.59 ft. N and 3 b' F E y a c � � r,, +., � 5�d i' t,. la and �('a a (b) That part of h.'.' S utr,c�sa; Quarter (SEI/4) of Section ..9nU T �� �:% 0/Tmnship TweiK-: �rgI,d. (28) Nlor h, Range raL �ntfour (tip) West Hennepin nepinCohnty, sEsst'of the foll.0- in=described line: ' Ee at point n the cams lii,: of _»aid Southea3t Quarter (S distant t> Five Huniii-e�'x F� (? l x 03 ,xry Thy®' �vti i;unar k't. ;'�rll terod�'i+ 1 Y-f r' h (581.45) feet •t'. est of the Northeast )f S its a"oul heast, ouj,-,i,,ez4 (�r1%lb) thence, rtavi:Lnig South Seven Derreo Lnute s rr '' at (S 7 degrees s .. 42. °a) a dis a-zice of Fourteen Hun r ti and Ei > ` ,j� .; � 161 Hundredths (1459 88' feet • thence .� jiLnjy- a. Wo , J two .Seconds Est. (r� � c �^� �� 1 ,es F arty , n J.7 42 !.3) a diistc,:n;ce o� z' •Ue �f�und�?9i?d Three and t hir-ty. th seti (5,)3..: ? feet; thence Yu`:?"^ k JiTi3TFeIty-fiPEDegrees Fmay_to :,Mutes v (S 21i degrees 421 r�) a distance o -. Fine: Hundred Fifteen and TweniY six Hundredths (91.5.2 b) meet more or Less to point ir; LhL 30uline of said Southeast Quarter (Slal.A) whJ ch a po�llL is cri a v,'Mt F'zgF}.t Huz�dxacd Thirty-three and! Five Tetchs (833= 5) fee 'West of the aouthezat corner of said Soutil east Quarter (SE1/!,)s For the parpose of this descriptionthis Bast line of said Southeast, Quartta.r (SE.1/4) Section Thirty (30) is aasumec' to be a due North and Souti-, ? ij�c, -1- 6-* ORDINANCE NO. 261M-2 — Page 3. 5. It is hereby decl 9> _ " t ;, hS t � P07 i ri of 'he Village to restrict the rezoning of property so as to constii" to �, Rojonal Shopping District to those situations in which, in the opinion of tho Council, the creation of additional Regional Shopping Districts is for the best interest of the entire Village® Adopted by the Village Council this ?w>,h day of Hay_, 1953, ATTEST s (Signed) EVALD C. BANK. Village Cleric (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier May 28 and June 48 1953. 14 P0. 2671,:-3 2U.1 L 1�� GE 07 E D 11 17 j-, VIT71--�j VLI'-C]OFDii�i% OR AlsiSY is her —,,'by nmGrded to read, "The 'To. 16 12 and ?.cnd 1, - 2. Co-mtyRoand o. 18, -Y 169-212 sand 150 f-ael on, Ro-d No.I.&N .-:I,-n 2. cncc- zLall be in effect from m�l after its pas age to law. d5- I n,s�- Counell Unis ll-,.,h m-�iy of May., 1, � 4 (Sip ed) RZU]MN F. ERICK,"WI L-7-6T: yo r (93igned) Tl- r,'. Ar I- , �v villag v ga Clcaiz Ll 01MIGtixANU, NO. 261-4 Ali (RDIAitUXE P1. E MING THE ZONING ORDINANCE OF THE 'VILLAGE OF ED:IiM TIE, VILLAGE COUNCIL 7. p 1'7 .�.E OF EDMI1_, MT.NTTJ7S9_PAa ORDAINS: Section L, Section 4, Conininit.T S-'-Iore Dist-oi.c , paragraph 1 of Ordinance No. 263. of the revised ordinex.ces of :. VJ_?inge of Edina is 1� reby amended by adding at the end of said }oar zgr3ph � ;t ,; y P (��r�!:ura c 'o,� 261-3 a new ub h 'S i:;;G:.. ,.,� 4v � f: i. %: *i S"J l±.�rC�.�r`alpl read-lnc, as followag Q' war) That 1.ar , WC tAe ::asiCl Eigz t Hundred Foxi y-11,1ve (845) feet of Govern^&, Int Seven M , Section Twenty-ei fit (28)1 Tot :t. hip One Hur-Oxed Seventrer (31_17), North, Ravage Twenty-one (2-1) 1 est of the Fifth (5th) Principal Meridian, de-,.-' •ibed as follow (Begix i g at, h ;,aojx:L. on the youth line of the Worth Seven Hundred ,^rd Eight feet (708 fit.) of Govei meet lot Seven (7) which is Three Hundred Feet (300 Ft.) East of the West boun- dary line; of the said Eaot Eight Handred Fort;- naive (�5) feet of Govexnmelnt Loy.. Seven (7), thence North or, a line parallel with said West boundary line a distance of five hundred forty (540) feet; thence East on a line parallel with the North boundax7 line of said Govoimaent Lot Seven (7) a distance of three hundred thirty (330) feet more or less to the Westerly line of Trunk Hight"M7 Now 169; thence Southerly along the Westerly line of said h' gh,.�ay to the South boundary fine of the Forth Seven Hundred and Eiglat Feet (708 ft.) of said Government Lot Seven (7), '1:l:P-nce Westerly along said South boundar-y Line to the point of beg Krinc,". provided that the only tLics pexmitt ed in a;he arrAi, 1-ust de3cribe;d shall be thoso permilk'teed Jr. this O;en Deer_:-,Iopa. w: t D!.ztri.cv &re See,tion 2. This ordlnGr!ce hay."_ t ,, in full forc;_­ tjid ell'fect from and after its passage~ and publication acc: ox•dA..g to :?ay.,. ,Adoptcxl this 10?5h day of August, 1953. ( ig—ie`i) 111MMM F. ER!CKSOid ATTEST Mayon (Si&aed) EVALD C. BANK Villae- 9 Clerk in Edina-Morn3.n.gside Courier August 27, :1953. �7_ L] CRDINMICE NO. 261-5 All ORDINANCE A11EMIDING TWE ZONING ORDINANCE OF THE VIL:1AGE OF EDINA BY MAMIG FROVISSION THEREIN FOR AN AUTOMMILE PARKING DISTRICT AND DEFMING THE BOUNDARIES THEREOF. THE VILLAGE COUNCIL OF TIME Vl-!,LkGE OF EDINA,, MIN1,71!ZOTA, ORDATAIS: Section 1. Section 2 of Ordl.vnn,ce No. 261 of the Revised Ordinw.,ces of the Village of Edina,, as amended, is 'nerc-.1by further to read as follows: '"Section 2. Districts E63tal)lished. ,'For the purpose, of this on.1-inixice t'f-. '_na is divided into the folloving districts, and usaa of structures arc'_ lands, the heiL Of Luildings and the area of preyrdses for bt.L�].Ungs are to be uniform in each districts 1. Open Development District, 2. Automobile Parking District, 3. Community Store Disti-Ict. 4. Com. ercial District. 5, Regional Shopping Distilct. "These districts and their boundaries are hereby established. No building or prvaisos shall be erected or used for any purposes that does not comply ulth the U30,,, height and area rapilatior. of the district in which such building or prvaises Is located�" Sect,ion 2, . ne, rsctions of Ordinance No', 20`1as amended,, sh,0.1 be, End are hereby, renumbered follo%mz Section 4, Covir.-Unity Store Distrl­.t, shall be I ranunibered See. 5; Sec„ 5, Commercial District, shall be reimmbered. Sec,, 65 Section 6, Regional Shopping District, shall be renumbered Section 7; Section 7., Definitions, shall be renwbered Section 8; and Section 8, Administration, shall be renl=bered Section 9. Section 3, Said Ordinance No. 2612 as &raended, is hereby amended by adding thereto a new Section 4, as follows: "Section 4. Automobile Parking District,' 1. Boundaries of Antomobils, Parking District, The Automobile ParkLngs Dist rl_­ is established as follows 'Begin. on S. line of Lot 36,Aud. Subulj"i12, 40 Ft.. E. of Md Cora, thereof; th. N. parallel with W. line of Lot 36 a dist. of 150 Ft. -to actual lyb.of beginnin,g, of tract to be described; th. W. parallel with S. line of Lots 36 & 37 a dist. of 255 Ft.; th. N. parallel with W. line of Lot 37 a dist. of 1.30 Ft.; th. E. paralle'l with S. line of Lots 36 & 37 a dist,, of 255 Ft.; th. S. painliel i4.th W. line of Lot 36 a list. of 130 Ft, to actual pt. of begin. of tract. described, and OBegin. aka a pt. !Dcatod 4.0 Ift. E. nvA 280 Ft. N. of SW Cora of lot 36, Aud..Subd,l72; th. W. 255 Ft. parallel to 3 line of said Lot 36; th. N. parallel to 14. ltne, of a -aid 1,ot 36 a dirt. of 181.25 Ft.; th. E. parallel to S. line of Lot 316 a dirt. of 255 Ft. 5 th, S. 181.25 Ft. to pt, of begin. 2. Specific Uses Permitted in District, Property located in an Automobile Par-Zd.ng District may be used for the purpose of praviding adequate street -level j ,:automobile parking facilities with or without parking fees, for adjacent or near )y properties, whether comnerciv.2-, educational, charitable, religious, socizl., medical.. residential or municipal, or any combination thereof. All uses permitted in the Open Development District shall be permitted in the Automobile Parking District. Adopted this l4th day of December, 1953. .ATTEST: (Signed) 237ALD C. DRANK, Village Clerk (Signed) REUBEN F. ERICKSON, Mayor Published in Edina­!1orni_-i&s4.As Cour�_­,- ar 1, , .1 ., _d L 1954. CRDIM-A dCE 110. 261-6 40 ORDINANCE NO. 261-6 ABANDONED FOR ORDINANCE NO. 261-7 W ORDINANCE NO. 261-7 AN MDIITlj-,r,'E M-LAMING THE Zi)NJIXz ORDINANCE OF THE VILLAGE OF '101NA BY ESTAB11-SHING• AN ADDITIONAL CGi'I�iLINTI'X ^TORE DLSTRICT THE VILLAGE COUNCIL OF THE, VILLAGE, OF EDMA, MINN:I* OI' A, ORDAINS: Section 1. Section 5, Conrnunity- Store District, or Ordinance No. 261 of the revised ordinances of the Village of Edina, as amanded, is hereby farther nm nded by adding at the end of paragraph 1 of said Section 5 an additional sub -paragraph, as follows: o (y) "Beginning on the South line of Lot 36, 4.0 feet East of the Southwest corner thereof; thence North parallel with the West line of Lot 36 a distance of 150 feet; thence West parallel with the South line of Lots 36 and 37 a distance of 135 feet; thence South parallel with the West line of said Lot 37 a distance of 150 feet to the South line of said. Lot 37; thence East along said South line of Lots 37 and 36 a distance of 135 feet to the point of begin -ring --Call being in Auditor3s Subdivision No. 172.',' Adopted this llth day of January, 1954. (Signed) REUBE F. EMCKSONT ATTEST: Mayor (Signed) EVALD C. BANK Village Clerk Published in Edina-Momingside Courier January 28 and February 1�, 1954o 6 Ox�U1� sSdv� N" . 261-J8 AIJ 0RD r2JlL CE T=, ORDINANCE OF THIE VIJ.LA(34E 01' EDIi A 17L` 1ST.f3-.I':tING ADDITIONAL C01%X]RCIAL DIBTRICT, TiB VILLAGE COUNCIL Or TE VILLAGE OF EDINA, MIRIMOTA, ORDAINSt Section 1. Section. 6, Commercial District of Ordinance Yo® 261 of .tl:$ revised ord nai ces of the Village of Edina.. as amended, i;i hereby further amended by adding at the end of paragraph 1 of said Secticn. 6, additional sub —paragraph, as followss I(e) A tract of land in the Southeast Quarter of the Southeast Quarter of Section 8A Township 116 North, Range 21 'Test, Hennepin County, Minnesota, and described as follm.as Be&nnin; at a point on the westerly right of way 1_,ie of the Mirneapolis, Northfield & Southern Railway, whici� poixat 'Dears North 5 detrees 471 East, true bearing, distance of 1367.6 ft. from a point in the South line of said Section 8, 1112.9 ft. West of the Southeast corner of said Section; thence from said point of beginning South 44 degrees 271 I -Test a distance of 128.1 ft. to a point 80 ft. westerly at right nngl es from said right o: way li.nc; thence south 5 deueos 479 West, parallel with and 80 ff. from said righ-% of :: Ay ''Line a distance of about 680 ft. more or less to 'the easterly line of traveled highway across said Quarter Quarter; thence in a southeasterly direction_ along the easterly line of said highway to the above namedright of way line; thence North 5 degrees 471 East along said right of way line about 900 ft. more or less to place of beginning and containing an area of :+.45 acres more or less. Section 2. This Ord:Uia.nce shall be in effect from and after its passage and publications according to law. Adopted this Sth day of March, 1954, (Signed) REUBEN F. E.ICKSON ATTEST: Mayor (Signed) EVALD C. BANK Village Clerk Published in Edina Yorningside Courier March 11 and 18, 1954. CR.DINANCE NO. 261-9 ,LN, ORDINANCE AIMING THE a-, NING ORDINANCE OF THE VILLAGE OF MINA BY ESTABLISHING ADDITIONAL COM 1iUNITY STOLE DISTRICT. THE VILLAGE COUNCIL OF TIF!, VILLAGE OF E INA, MINNESOTA, ORDAINS: Section 1. Section 5, Community Store Lea. ftrict, of Ordinance No, 261 of the revised ordinances of the Village of Ldina, as amended, is hereby b.irther amended by adding .at the end of paz:%graph 1 of said Section 5 additional sub -paragraph , as follows: Q W That tract of land commencing at the point of inter- section of the Southerly line of Eder. Prairie Road with Easterly line of State Highway No. 100; th. North- easterly along said Southerly line of Men Prairie Road Four and Eleven Hundredths (4.11 Ft.) t; pt. of beginning; the at right angles and Southeasterly 70 Ft.; th North- easterly parallel with Eden Prairie Road M Ft.; th. at right angles and Northwesterly 70 Ft.; thy, Southwesterly and along the Southerly line of Eden Prairie Road for a distance of 200 Ft. to point of beginning ar.i lying partly in Government Lot 5, Sec. 28, T. 117, R. 21 and partly in the W1/2 of SI°Tl/4 of Sec. 18, T. 26. R. fie,. Section 2. This Ordinance shall be in full force and effect from and after its passage according to law. Adopted this 26th day of April. 1954, ATTEST: (Signed) REUBEN F. ERICKSON Mayor (Signed) EVALD C. BAND Village Clerk Published in Edina-Mo nings3de Courier April 29 and May 6, 1954. ORDINANCE NO. 261-10 AN ORDINANCE AWNDING THE ZONING ORDI14ANCE OF EDD,11i BY ES)TABLISHTNG ADDITIONAL C014MUNITT STORE DLSTR1CT, THE TILLAGE COUNCIL tl"IHE VILLAGE OF EDINA3 MINNESOTA, ORDAINS: Section to Section 5,, Co-.-.munity Store District, of Ordinance No,, 261 of the revised ordinm*ices o" the Village of Edina,, as amended,, is hereby further amrded b, C, y addirg at the end of paragraph 1 of said Section 5 , tt i A� I -Ional 3,,;bpc-,rngrvp",, as follows: . dd 9(aa) Lots 3, 4, 5j 6 and 7, Block 8,, Tingdale Brothers Brooksid.; A6dition,,, Section 2. This Q-�inance shall be in full force and effect frm and after its passages and publication according to law,, Adopted this 2h1h day of May, 1954, (Signed) RLL,,TBL'N F. ERICKSON ATTEST: Mayor (Sigurd) EV/..D Co BANK V!.iilage Clerk Published in Edina-Morningside Courier 11fay 27 and June 3. 1954, ORDINANCE NO. 261-11 AN CEDINANCE AMLITrDING TFrE ZONING' ORDINANCE OF THE VILLAGE OF EDIN r BY ESTABLISHING': ADDITIONAL AUTO-- i�IOFs%LE PARE? Pao DISTRICT %r AND ADDITIONAL COF4i3NTTZ STORE DISTRICT. THE VILLAGE COUNCIL OF THE V ILUGE OF 'EDINA, MINT11ESOTA, ORDAINS: Section 1. Section 2, Automobile Parking Distilct, of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby I:,ar�har eaaended by adding at the end of paragraph 1 of said Section 2, additional subparagraph, as follows: "The Southsrly forty--e ! t (48) feet of the East Ninety-six 0,15) feet of Lot One (1), Block One (1) Stevens Firot Addition, except the easterly five (5) feet thereof, conveyed to the Village of Edi_ns for hidiway purposes, Hen¢iepin County, Minnesota." Section 2. Section 5, Ccm,aunity Store District, of said Ordnance Not 261, as amended, is hereby further amended by adrdir.; at the end of paragraph 1 of said Section 5 additional slab- paragraph , as follows: s (bb) All that part of Lot 2, kuditor) a Subdivision Not 96 describxt as . follows: Beginning at a point in a line para:.Uel with and 134 feet East of 'Ghe West lire of said Lot 2; saf`�_d point being intersected by a line rwmi.ng from a point on t1e West line of said Lct 2 distant 22186 feet North of the South- west corner thereof to a point on the South-easterly line of said Lot distant 225 feet Northeasterly of said Southwest corner; thence North along said parallel line a, distance of 150 feetm thrmice Southeasterly to a point on the Southeasterly line of said Lois, distant. 375 feet Northeasterly from the Southwest corner thereof; thence Southwesterly 150 feet; thence Northwesterly to the point of beginning.' Section 3. This Ordinance shall be in full forte and effect from and after its passage and publirAtion according to lair. Adopted this 14th day of June, 1954. (Signed) REUBEN F. ERICKSON ATTEST: Mayor (Signed) BALD C. BxNK Village Clerk rya bl ish A June 17 and 24, 1954, :n Edina--Morningside Courier, ORDINANCE NTO. 261-12 AN GRDMASC`,;,, AM'11TT)11'7S THE ZONING ORDINMCE OF EDINA BY A?43TD-,G rG SECTION % C014111-UNITY STORE DISTRICT, PARAGRAPH (n) TIM VIIIAGE COMCIL OF TH' VMLAGE OF EDINAp MINNESOTA,, CRDAINSs S,eation 1® Section % Paragraph (n) of Ordinance Noo 261,, entitled "The Zoning Ordinance of Edimx" is hereby amended to read as folliowsl "(n) lot Eleven (11), Block Ore (1)r Valley View Terrace Third Addition,,ff S�cticia 2. Thi;,.-, ordinance shall be in effect front and after its x,.ssage and pubJAcat-ion according to law® Adqpted. this 231-41 &y of kagual[l, 195,?,, ATT EST -. (Signed) GRETCHEN S. ALDEN Deputy *Village Clerk (Signed) R-W13M1 F. ERICKSON Mqyor Published in Edii-M—Horningside Courier September 2 and 9,, 1954, A a 40 ORDINANCE NO. 261-13 AN 0P6'-)IT,,`AIN'CE A101MING THE ZONING ORDINANCE OF THE VILLAGE OF EDMA THE VILLAGE COUN.CIL OF T-,17, VILLAGE OF EDINAq MINNE30TA0 ORDAINS: Section 1, Section 5, Community Store District of Ordinance No. 261 of the revised ordinances of the Village of Edina., as amended, is hn,reby A,.rth,r rYrznpnzded by adding at the end c-f paragraph 1 of said Section 5 ar. addi"'.110'ral -Mb-pararriaph as fol"Lowst "(cc) Lots One "I.), Two (2) and Thre4z.,., (3), Block One W; Grandview Plateau, pr,:mided that. the, only uses permitted in the area juet, described shall be those permitted in the Open Dave, lorvient District and motels; and providing that the entreunca to motel frun service dAvmf-:-,,y shall be the entrance zarvicing the present north units of said motel. Section 2. This o:�-dinance shall be in full force and effect from and after its passage and. publication according to law. Adopted this 11th day of October, 1954. (Signed) REUBEN F. FRICKSON ATTEST: Mayor (Sirgpod) EVALD G. BANK Village clellic Published in Edi-na-Plox-ningside Courier Novmber 11 aryd 18, 19%. a 91 ORDIUMCE NO. 261-14 AN OR.DINMCE AMDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA THE VILLAGE COUNC:I.Z OF THE VILLAGE OF EDINA, MINNE OTA, ORDAINS: Section 1® Sectl.sn 5, Community Store District, of Ordinance No. 261 of the revis+:d ordinance of the 'pillage of Edina, as amended, is hereby farthe-° anesnded by adding at the end of paragraph 1 of said Section 5 im additional sub -paragraph as follows: 'r (dd) Lois 15, 16, 17 and 18, Block 3, and Lots 16 1.7, 18, 33 and 20, Block 4, all in Grandview Heights Addition," Section 20 phis ordinance shall be in full force and effect from and after i',s passage and publication according to law® Adopted this 22nd dty of November, 1954. (Signed) REUBEN Fa ERICKSON ATTEST: Mayor (Sigedj EVALD C. BANK Village Clerk Pubi±;:-ied in Edina- Morn ng;side Courier December 16 and 23, 1954. ORDINANCE NO- -461-15 AN ORDINANCE Alrl.,21DING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY PER=IIZ WAVIER OF THE SIZE, DEPTH A14D FRO1,TAGE REQ. U=- IENTS IN CERTIA.0 CASES. THE VILLAGE C0,1,114'Cll, OF THE VIT.TAGE, OF EDINA, MnTWT.ES0TA,, ORDAINS: Section '1, SeeLion 3 (0-,rdn Develapment District) of Ordnance Nov 261. of Vie revised ordi.w.ances of the Village,, as amended, is hereby wended by, adding at the end of paragraph 4 of said section 3 ri nd additional sub --paragraph as follows*. "W Any one, oa- more of the minimum requirements as to size,, frontage vni depth of lots set forth in sub -paragraphs (a) and (b) of this paragraph 4 may be. waived by the Council as to any proposed plat or subdivision, if the enforcement of such requirse-aent or zaquiremevnts would uroyk an unreasonable hardship on the o,vaYer of the land included in the plat or subdivision. Su-th umiver., however, may b:: ordered Only by the vote of & Lqa4 ori ty of the members of the council, after a hearing on the question of such waiver held on the same notice as provided in Section 3, pt-1ragraph 2 (a) of this ordinFnes'" SoCtion 2. This shall be in effect from mz%d after its passa�;a and pub'lica Lion according to latr, Adopted tUs 14th day of March, 1955,, (Signed) REUBEN F. ERICK30N ATTEST -. Mayor (Signed) GRETCHEN S. ALDE3 ActLng Village Clerk Published March 17 a -A 24., 1955, in Edina-Morningside Courier. • 40 ORDINANCE NO. 261-16 AN ORD11NMICE AMENDING THE MNI11G ORDINAITICE OF THE VILLAGE OF EDI`A. BY ESTABLISHING ADDITIONAL COMMUNITY STORE AND CO10 RCIAL DISTRICTS. THE VILLAGE COUNCIL OF THE, VILI-t GE OF EDINA, 11INNESOTA, ORDAINS: Section 1, Section 5, Community Store Die rict, of Ordinance No. 261 of the revived ordinances of the VilLage of Editia, as amended, is hereby further amrided by adding at the end of paragraph 1 of said Section 5 an additional sub --paragraph as follows: "(ee) Lots Fire (5), Six (6), and Seven (7), Block Seven M ., Tingdale Brothers Brookside." Section 2. Section 68 Commercial District, of said Ordinance No. 261, as amfadkI, is hereby further amended by adding at the end of paragraph 1 of said Section 6 an additional subparagraph as follows: "(f) That part of the North 60 Rods of the NE1/4 of NEV4 lying South of Road and East of Railroad Right--of- way; and the South 10 Acres of NE1/4 of NE1/4 Ex. Road and Ex. Dan Patch Right of Way; all in Section 8s Tovn- ship 116, Range 21. Section 3. TILis Ordinance small be in effect from and after its passage and publi=mti.on according to law, Adopted this 2",%th day of June, 1.95 5. (Sued) REUBE24 F. ERICKSON ATTEST: Mayor (Signed) GRLTC.,'N S. ALDEN Village Clerk Published in Edina-Morningside Courier July 7 and 14, 1955. 0 w ORDINANCE NO. 261-17 AN ORDINP�'XE AMEPdDING THEE ZOI-11-iG ORDINANCE OF THE VILLAGE OF EDINA REIATI Gr TO THE FRONTAGE OF BUILDINGS ON CORM LOTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESCIA, ORDAINS% Section 1, Section 9 (5) (Administration) of Ordinance No. 261 of the Revised Ordinances of the Village of Edina is hereby amended to reads "5. Frontac- of Ruildin son Streets. Every build- ing on a lot wb1ch abuts on two or more streets or alleys shall front on such street as provided by the original plat, and in the absence of evidence to the contrary, it shall be presumed that a building shall front on that street on which.the lot on which it stands has the least number of front feet. On appli- cation a special permit maybe issued by a vote of a majority of the members of the council, permitting alteration or an existing building or construction of a new building on such lot so as to front on a different street or alleys on the.same notice and hearing as set loath in Section 3, paragraph 2 (a) of this ordinance for permits to erect, two-fami.ly or muIti-family dwellings." Se&bion 2. This ordinance shall be in effect from and ,after its passage and publi.catioa? accord 1nz to law. .Adopted this 244th day of October; 1955. (:signed) RMJBEN F. ERICKSON ATTEST: Mayor (Signed) GRETCHEN S. .ALDEN Village Clerk Published in Edina-Morningside Courier November 3 and 10, 1955. 40 VILLAGE OF _D INA H;JI1-:;:;PIN COU111Y, hIINNES(aA 071 ZDINANCE NO, 261-1£ AN t}j D illF�Cl'. Ai"ENDING THE ZONI "' CRDINIANCE OF THE VILLAGE OIF i:;DINA I3Y REDEFINING CERTAIN LD-ITT'S OF TTHE CO D:ERCI"1L ISTRICT THE 'VILLzGI!, COU14CIL OF TIT-- VILLAGE OF EDII;A, 14INNESOTA, O DAINS: Section 1. Subparagrap , (.r) of paragraph 1 of Section h (Commercial District of Ordkimce Nom 267_ of the Village, as amended, is hereby further amended to read as follows: it (f) That part of the North 60 Rods of the NEIA of NE1r1.� lying South of Road and Fast of Railroad Ripht--of-^ray, and that part of the "ouch 10 Acres of NEIA of NE11'1� lying East of Railroad Right—ofdA'ay, all in Section 8, Township llb, Range 21," Section 2® This ordinance shall be in effect from and after its passage and publication a.ccorc inF to law. Adopted t?ds lkth day of November, 1955, ATTEST: (Signed) ZUPEP3 I's_ L� Ci,SON Si nedi GREr CHLiS Sp Ai D3 __.. I�ayox° _ Published in Edina -Morning side Courier November. 17 and 24, 1955, 0 0 a of the ded into the heirht in I I.o building or prc_ 'rlurpose t?.7o.1" oo not c oriply d1s.. in such 261 is hereby re. rxe-to q new 9 7-T- - erif "oun y+ part, _-,_yJ_'_,ng. IL-1he ri�Iitu o.-C' 3f Frmnnp '_;.e Sout!-. -'17:-t 3,yi-_-z -,,.--LtJ-dn the of way of 'st ost, I r -(I — -rl J;.-L':',T T_,.ILI. The fo'law^n� uses --re per,-zilt'(- I A. -ill h,,7 -,h ._.dn,-,, ln��a* JA,� s �.-,re b, e en Is si-7. ed by ge en.Large m.ove, wac, c-'cupy, 01 'IYt,nk- -1-ructure, L.-i-ijorovement, or p2.­wises .,j-i*4.-.hoi` Ld mainta5m 7n,,, bil' O� b ,,. Mcdil cal off-' c, Scientific laborAtowins n1nimW Wr the 1"TnAry purposu a ink., mcdical or dental ressarnh, diagnostic,. -:. stin,��' clin.1-c work having a direct relationship to the 1xvvision of health oervices it cludinp, but not TWIG to, those primarily engage! in medicol research or in the fields of Radiology, Hematology, Serol op, :.v KnunnIogy, Allerm Whemistry, Basal Met abilism, Microbiology, Parapitolopy, Falholop, Histology, Cytol,y, Toninalogy, and Pharmacology, and the like. LaW. tories enggged in produotion contruls or in the manufnQuxv of products fo._'' enimercial sale or distribution are not consdertacilit4—,iebehe 1. Medical education, e, Living quayter5 for nurses, interns, and other stoff marbers an(-, emlloyees of the above uses, C. 1,culti­faiaily dwellinpe subject to same provisions an included in Section 3, Parapraph 2 Va), of this ordinayic(,,'. g. Parking EarnUes avanssury to the principal uses, pcn'7idtt_.nF of ambulances, serTice tyuckb, and private autonabile. s of tenants, CM-1 ployees, and visitors., h, Retail sturac W reotaurantv of a type normylly aactanny— 4- "h- flailities descilbed Aboye, inciuding by wny of illustratio limited to; -[.;har,,nacy. meWwal oupplies, ort?opKic 5hoea, apparel chd appliances, me3sanrer or teiegr,pt services, Qurist, Fift store, and cards. i. Such other uses Wich are related to kn.aral concelt of the medical center and subject Ito approval by the Council. 3. RESTRICTIONS ON USE. All property zoned as a regional WWI district shall be subject to the following restrictions on the uze thAreof'. Qrjinj Lot and T yffic Facilities, No building perodt shall be issued int of a building within a regional for the erectAnn alteratiori or, movel"a medical distric! unloss aiter the erection, alteration or moinvent of such building suet PcEiwnal medical district shall contain adeqnat( facklities Qr the parking of nutomobiles a"d other motor vehicles uoeq bV the persons employed or doing business in such district, ane shall provide an internal, system of roaJs and vralkE will providee for �nd vehicular traffic, in deteimining the adequacy of such park!AL as& traffic Kcilities no conwidaration shall be piven to fvcilitips avail ailn on rdja- cant stroets, FOP W purpo3e of this Section, parking facili0n: shall be downed adequato if ninimum of one square foot of paTking area is provided for each square foot of building area, (B) Height oy_Buildin,j, No building sha,13 he aranted to a Heil!! prrn;_, than 40 feet above the sucroundinp ground !not!, vjcep a e-eated to a heij7ht roc j-.-Pater than 100 Wt Qwvc the avarnge sc,rot, ground 'Ievel provided :hat for each foat- of height, the building all set back an lqual distance -from the nearest property line of a yxi-(n at-4 Peat houses, stroke stacks, vents, and similnr stivctures shall be from the OrTutation'of the 1.)-od_1d.1nr eight.. (7) No buildirF or strvature shall be erectel, altered or mtoved so that an portion or part thereof is rearr­thnn 1D feet to the nearest property linp of a public street, r. A—, VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 261-20 ON ORDINANCE MENDING THE ZONING ORDINANCE OF THE VILLAGE Or EDINA, RELATING TO REGIONAL SHOPPII4G DISTRICT. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. 6ubsection 4 of Section 6 of Ordinance No. 261, the Zoning Ordinance of Edina, as amended by Ordinance No.• 261-2, is hereby amended to read as follows: "4. Restrictions on Classification. a No property located within one half mile of the property described in Section 6, Subdivision 1, Clauses (a), (b), (c), (d ), (e) and ( f ), and which is North of t°; o70th St. and 4Iest of Valley View Road shall be zoned for any use other than Open Development District. (b) No property shall be zoned as Regional Shopping District unless such property consists of a single tract, divided if at all, only by public streets and consisting of not less than 50 acres. Section 2. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 25th day of February, 1957. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. (Signed_) GRETCHEN_ S, ALDEN Mayor Village Clerk Published in Edina-Morningside Courier March 7 and 14, 1957. w ORDINANCE W. 261-2-1, AN QRDIN`.NCF-. AMENDING THE ZONING THE V!LLAGE OF EDINA AS 10 :-Tr).AACK OF BUILDINGS ON COPiNER LOTS 1W. VILLAGE COUNCIL OF -*HF VILLAGE OF EDINA. WfINAESOTA, ORDAINSz Sec.tion 1. tI'ectlon 3, paragraph 13, of Ordinance No. 261 of ti 6 Revised Ordiriances :)f the Village of F(iin Is hereby amended to read -is lollowss "JO. Setbac',, Buildings on Corn,r knis. Except as here- Inafter provided, on, A corner, lot the r-ldflh of the side yaxd �ilxuttlag upon i street shall. be not less tfidn the minimum front. yird depth requlrP6 on an adloi.ning in'Lerlor lot fronting 'aeon i,he sa!ie stret-t; pro,41ded, how*. -per, that this re(plirement Shall not be Applied so �qs L-o reduce the W116,4ble width of any nor... net loto less thirty-two '�:32) feet at, tl,ie ground story level, and fvjrther pxovided thct this requiremeent, may be waived by the Council W hurdship eases by a foux-Fifths vote if A w.q�ltten consent tnezeto has been file(., signed by the owners, of all intei4o: !Qts 'which front on the same streerc is the s1de yard of s-uL,-,h co'riqr iota. and which are within -`he some hA-11 block as such corner, lot. No land shall be platted or subdilvided hereafter �o as to crepte any r.,orrier lot having a width less than five feet �'kv excess of the minimum width of other lots in the same block Aith are not corner lots,." (Signed) ARTHM C. BREDESEN9 JR. (SIGNEDs' GWIC17EN S. ALDEN FIrst Reading May 27f 1957. See,ond Reading and Adoption June 10, 1957. Published in Edina-Morni.n9side Couriet June 13 And 20, 1957, ORDINANCE NO. 261;-22 AN OPLTNANCE UIFNEDIING, 711- ZONING ORDINANCE 011F EDINA BY' ESTABLISHING AN X)Dj,rj0NA_j F'.-:OUNIZ-ICOMIUNITY s*rORDiI'Sn', ICT Ti VILUGE CCL CIF'14VLAC-F OF -:DTNA Off)tIINSt Se--t�.cn 1, Section. 5!,. Crywiuiiity Stoj°o:- Dist ricL, of Ordln&nce W, 26" of the kevis,vl Cnrdinzw:ei:- of the Village e,,f Edina, a.s amended, Is hereby further. zm;�nded by -addIng it tho and ot paraqx,iph 1 of said Section 5 an idditiorvol sub-parragraph at, fallow: "off„! Tract Aq Rcqlstered 'Land Survey No. Oennepin County. " Sect,,on 2. This Ordluance sfaqli be in effect -&'I-cn and after its passage iid publl�;atian accolrding to lavi� 2-4thday of June,, 1957, ATTEST: —a9,aq:i;'L EPLUI,-P. FROU ---- G i oned gurogy S. ALDEN m4y��-. Pro Tem VI I I age Clerk Publ!%shed in Edina-Morningside COU.-ler !Uly 4 and 11, 1957. 0 V ORDINAA�C.E. NO. 261°-23 k1k OEtD":NANCE AMENDING THE ZONING ORDiTIANCE OF EDINA BY ESTAl1LISHTMG` AN ADDITjojt.AL .� uQlI1MTTYTqRE-'.QT TIFF "JI..IA,GEr OOUNC X Oa tFE VILLAGE OF EDWA ORDAINS? Section 1. Section 5 Community Store District,) of O-dinance No. 261 of the Revised Crdinanc.es t�f the Village of E:�dl.na.;, es amended„ is hereby further amended by addinc any the end of pr:ragraph 1 of said Section 5 an additional sub -paragraph. a; "o-,lower ,99 Black is Stow's Edgemoor Additi-n" Se_tlgn 'pin This Ordinance be in effect from and after its passage and pub:l- ation according to law. Adopted •vr,is 24t,h day of dune, 1957. ATTEST: Signed, E?MIL P. FRONK ,(Signed) GRETCHEN S. ALDEN Mayon Pro Tem Village Clerk 10TTE a To be published In Edina-M-orningside Courier twice„ but only after final plat of Stows Edgemoor Addition is of record. 0 ORDINANCE NO, 261-24 AN CRDINANC1: MiFK)ING TILE ZONING MMMANCE 01" ED114A BY ISSutNCr_ OF ADDITIONAL Bfj1,1jV,1MG_.1:1ERMITS_ THF, 1111JJ'GE CGJU'tAIL OF' Ti-2- VTLi,AGF-- OF EDINA CRDAINSt Sect rain ' !,, 3 Of_ Section 3 Open Development District 1 0.rrn b ance 261. o l,' Jic. 111 1 _43ge hereby to read as -11ollowst "'3. Dweiltiy,,L, g_g!j_ q-TILIT-2-MEM-1- _71 e, When .and has -0.,3tter� oxsv,,)JivJ.ded end the is recorded , no more than -ne dwelling, be c.,rqc..,j�Ed 0r altered on any lot, and SUch Jot rMist conform the requireicints fol-,, pl6-t,;H_ng o;i,., subdividing set forth hexein; PrOviled, that, if it is proposed 'to ertact a single family dwelling J. I C-U n �, lot Wh Ch ;oes not con,; to suc!j re I irement69 and it would work an .:nreasonable ha.,dsiiip on Ule oviner to obtain addittunal property in order that his prope, tv vJ.11 meet such �-_equit-ement,.;.,, t'ne Council may never1heless Pe_,,ix',1t the ere,AUen ar ;B.1tPration and use of a slngle f�miily dwelling" on such lotx ,, and Fl-ovi!;ad "'IrtaLn", 9 '.hat if th-0 !im',.'4at1c;a herokin of one dwelling on eV,,- platted .1cr, 'would cauze unnecessary hardahip,, and waiver of such limita- -16-1,z1 w,.)uld not )1 the opinion of the Council IniCerfere viit.q the purpose of the platting of -Ilhit� ordina I "i - 4,icej, the Council mciy Lie resolution waive cc �oR -iC'e ; platting regulation�i and with tj-.1s se;,ctjonp and permit the e)on of t,,,v; single-fedUly dwellings on a Platted 10t, without replat or sub- r 711tO to,X% lotsp if the applic-.at:ion for such permit is accompanied by -r-egistter­d land survey 'of the lot to be d"Widedg and each parcel oz- 4�ract th I .on comp;es with 61 Other requirements of this ordin,;.inceq and if the apt.,,.;_cation s rblrthp-r -,cc,,.­ipz(nied by 111-1-va con�?rlt. of the planning commission thezeto." Ai.wll-ted 24,th dlaf of 1957,; A C T r, d 1:_ xf iE 1; In A LDEN Po FR�ONK Mawr Pro Tem V,L I �! ge Courier 5 July 4 and 119 19 7, 10 V ORDINANCE NO. 261-25 'O AN ORDINANCE PROVIDING FOR BUILDING SET -BACK ON FRANCE AVENUE AND AMENDING SECTION 3, -� PARAGRAPH 9 OF THE ZONING ORDINANCE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 9 of Section 3 of Ordinance No. 261 (the Zoning Ordinance) of the Village is hereby amended to read as follows: "9. Yard and Set -Back Requirements; Area Occupied by Building. �. J�There shall be a front yard, a rear yard and two side yards provided for a ellinas. (b) No front yard shall be less than thirty feet in depth, subject to the following exceptions: ^I) Where on one side of the street between two intersecting streets there are already buildings, no building shall be hereafter erected or be extended so as to project beyond a line drawn between the nearest front of the first adjacent building on each side. Where this rule as to front yard depth works a hardship because of the unusual placement of the older buildings, the curved line of the street, the contour of the land, or the size of the lots, the Village Council shall decide the depth of the front yard. (2) On France Avenue from West 69th Street south to the south Village limits, no building shall hereafter be erected or be extended to a point nearer than seventy-five feet to the center line of France Avenue. (c) No rear yard shall b^ less than twenty-five feet in depth. No garage or other accessory building shall be located less than five feet from the rear line of the lot, but any garage which is constructed for the housing of motor vehicles which use Village streets or alleys shall be provided with a driveway not less than twenty feet in length, measured from the lot live to the garage doors. (d) No side yard shall be less than five feet in width. On a corner lot the width of the side yard abutting upon a street shall be as prescribed in paragraph 10, as amended. (e) No building hereafter erected by itself or together with other buildings then located on any lot shall occupy more than 30% of the area of any interior lot or more than 35% of the area of any corner lot." Section 2. This ordinance shall<:be in effect from and after its passage and publication according to law. Adopted this 30th day of December, 1957. 10 ATTEST: (SIGNED) ARTHUR C. BREDESEN, JR., MAYOR (Signed) GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier February 6 and 13, 1958. ORDINANCE 140. 261-26 AN 01FOINANCE AMENDING THE ZONING ORDINXNCE OF EDINA BY PRCVIDING MR SPECIAL PEt�MITS FOR, CERTAIN USES THE VILLAGE COUNCIL O; TAE VILLAGE OF EDINA ORDAINS: Definitions, 4z^tion 1. Section 99of`ordinance No. 261 of the revised ordinances of they Tillage of Edina is hereby recmtbered Section land Section 10, Administration, is hereby renumbered Section 11. Section 2. Said Ordinance 261 is hereby amended by adding thereto a new Section G as follovrss Section 9. Special Permits for Particular Uses._ I. Uses listed in Paragraph 4 of this section may be permitted in certain districts under conditions as set forth hereinafter. 2. All Special Permits required under this section shall be applied for on forms provided by the Planning Department of the Village. All appli:.ations shall be filed with the Planning Department of said Village and shall be placed on the agenda of the next regular Manning Commission meeting provided said :request is filed at least 10 days prior to said meeting. If said permit is Ailed with the Planning Department less than 10 days prior to the regular Planning Commission meeting date, said request shall be tabled and appear on the agenda for the following Planning Commission meeting. 3. The Village Council shall, after .receiving the 'recommendation of the Planning Commission, hold'a public hearing -'and grant or deny the request for a Special Permit in the sane manner as required: in Section 11, Paragraph 6. 4. Uses for which Special Permits may be secured, conditions that must be observed, and districts in which use will' -be allowed area USE MINIMUM REQUIRED CONDITIONS DISTRICTS z. Veterinary Clinics No outside runs, building Community Store, and Hosg talc located at least 50' frow any Commercial. property, used for reaidentia]. purposes. Building to be of masonry or equivalent construc- ,;ion. 5. All Special Permits shall remain in force only so long as the premises to which the permit applies are owned or leased by the applicant. In the event of change of ownership, a new and separate Special Permit shai 1 be required. Adoptcd thls..._,.._27th . ._day of —_ January 1958. ATTESTt (SIGNED) ARTHUR C. BREDESEN, ?MAYOR (Signed) GRETCHEN S. ALDEN, Village Clerk Published in Edina-rMorningside Courier January 30 and February 6, 1958. P 0 ORDINANCE NO. 261-27 AN ORDINANCE PROVIDING FOR BUILDING SET -BACK ON FRANCE AVENUE AND AMENDING SECTION 5 OF THE ZONING ORDINANCE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINVESOTA, ORDAINS: Section 1. Section 5 (Community Store District) of the Zoning Ordinance of the Village (No. 261) is hereby amended by adding thereto a paragraph reading as follows: "7. Building Set--Back.S21--Back. on France Avenue, On France Avenue from West 69th Street south to the south Village limits, no building shall hereafter be erected or be extended to a point nearer than seventy- five feet to the center line of France Avenue." Adopted this 27th day of January, 1958. ATTESTS (SIGNED) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier February 6 and 13, 1958. 0j ORDINANCE NO. 261-28 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL REGIONAL SHOPPING DISTRICT THE }YlLLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS: '/- o . Section 6, Regional Shopping District, of Ordinance No. 261 / the Revised Ordinances of the Village of Edina, as amended, is hereby v further amended by adding at the end of 1 of said S an additional sub -paragraph as followsr paragraph a ection 6 "(g) All that portion of the Southeast One Quarter (SE1/4) of the Northeast One Quarter (NE1/4) of Section 30, Township 28, Range 24 bounded by France Avenue South, West 66th Street, Valley View Road and West 64th Street, which has not previously been rezoned by Ordinance No. 261-2 adopted May 25, 1953." Sect-- i�on._2.a This Ordinance shall be in effect immediately upon its passage and publication. Adopted this 24th day of February, 1958. ATTEST% (Signed) ARTHLR C. BREDESEN _iSianed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier February 27 and March 6, 1958. It ORDINANCE NO. 261-29 AN ORDINANCE AMENDING TH= ZONING.ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL COMMUNITY STORE DISTRICT. /THEILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS: n Section 5, Community Store District, of Ordinance No. 261 of evised Ordinances of the Village of Edina, as amended, is hereby ther amended by adding at the end of paragraph 1 of said Section 5 an additional sub -paragraph as follows: "(hh) The East 96 Feet of Lot One (1)9 Block One (1), Stevens First Addition, except the Easterly Five Feet conveyed to the Village of Edina for highway purposes and also subject to a certain highway easement over the Northerly Seven Feet of said Lot One, except the East Five Feet thereof granted to Hennepin County." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. Adopted this 24th day of February, 1958. ATTEST: (Sianed) ARTHUR C. BREDESEN (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier February 27 and March 6, 1958. 6 s ORDINANCE NO. 261-30 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL 00P4dERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS° action to Section 6, Cor.ercial District of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 6 an addi- tional sub -paragraph as followss \v /'1(g) All of that part of the NTT/4 of the NE1/4 of Section 8, Twp. 116, Range 219 described as follotwss 'Beginning at a point on the Southerly line of west 70th Street at a distance of 440' Ease of the West line of said NE1/4 of NE1/4 measured at a right angle to said Westerly line of said NE1/4 of the NEI/4; thence South and parallel to said Westerly line, a distance of 385' more or less, to a line parallel with and 594' South of Northerly line of said NE1/4 of the Nv'E1/4; thence Easterly along said line a distance of approximately 257' more or less, to the westerly line of the MN8S Railway right-of- way; thence Northerly along said right-of-way line to a point of intersection with the Southerly right-of-way line of West 70th Street; thence Westerly along the Southerly boundary line of West 70th Street, a distance of 300' to point of beginning."' Section 2. This ordinance shall be in effect immediately upon its passage and publication. Adopted this 23rd day of June, 1956. ATTESTS (Signed) ARTHUR C. BREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier July 3 and 10, 1958. ORDINANCE NO. 261-31, AN ORDINANCE MENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING AMITTIONAL' C OW.9ERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS s Section lo. SW -ion 6, Commercial Di,strlct of Ordinance No, 261 of the reprised ordinances of the Village of Edina, as amended, rs hereby further amended by adding at the end of paragraph 1 of said Section 6 an addi- tional sub -paragraph as followst {h) A tract of land x-.�ctangular in shape in the Northwest corner of the tract of Land hereinafter described, being 500 Ft., parallel with Count,: Road No, l8 and 300 Ft. deep, to Twits The West 600 Ft� of the East 1.000.�l Ft;,, of that part of the tjest Cane -Half of the Southwest One -Quarter M/2 of SGII/4) lying South of the North 350 Ft;, Thereof; and that pant of the Rest One -Half of the Southwest One® Quarter (IN1/2 of S1,41/4) lying West of the East 1000,I Ft:, thereof, excluding roads, in Section 30, township 117, Range 219 Hennepin County, Mlnnesota.," Section 2,_ This ordinance shall be in effect iirediate.ly upon its passage and publication, Adopted this 28th day of July, 1958, ATTESr s ( Signed) ARrIM C o BREDESEN o JR. ( Signed) MEICHEN _ a. ALDEN Mayor Village Clerk Published in Edina-Mornings:ide Courier July 31. and August 7, 1958, ft � CST MWIVABICE t=.l��MIM 11MR, 70NIBIG t3} F' IFIM.1JMS OF '1 V--,IUAGZ OF 'S,.D19A. By 3-41XIM FROVISIM TIMMIR 0 FOR A. MULTIF ,.R P.E.- IiMICE DISTRICT. iDEFIRING BOiRMARMS TMI 'CE.OF: AND 50Ma.)TING US&S TEWREIN, 4'MD ALSO M)DING FORTME DE7XIM.MOM 71M SAID ORDID1ANCE 'THE VILL GS Ct3MICIL OF "M VILIAGB OF F.DWA.:, MN SO' a' GRI)AMS,,, zaeckor 1. Section 2 of Ordinance No. 261 (Zoning Ordinance) of the as , nded,. is hereby further wended to read as Bellows: `°Section, 2; Di striCts Established. F©r the purposes of this ordirsnce the eta r.izge. o¢ Edl- ss � s diti i d-sd =imtto the following districts, and K.he uses of struct,irrss and lads,, the 'eight of buildings and the &sea of premises for build- :xgs are to %m, tsr:i.for m its -=- b district. I- Open. DevelopmanL District. 2. Multiple Reeidence DiatPrivtr 3, A:totaeo 9i le Dorking District,. 4� Ca cnit 7? Store District,, CmMM-ercial Disttr:irt„ 6, Regional! hopping District. I_ Regional 11le-dical district. `chess &Iantr.i.cts and their boundaries are hereby astrabliobad, Vo building or p,.. shall be e'i'scted or used for any pugmse that doers wt eoWly with the use, hei.gi:: 'and o e& regulati.n s of the diatrrict in which suvh building or premises is located," Section 2, The fo'l.l.mtrkng seir:�:.ic�iis of ©rdi?aances I4©� 261, as Srae€ndea,, s>na11l. .•a• wa:aaraar► Iva-, and �RAV �rebgr:renutn€N-nred as follows! ✓.-'ection 4 (Jhutonnbile Parking District) r/a coon 5 (G:s rmity Stx,,re. Mat~rictt) Pectfon 6 (t enneercial District) v `b:eetioa 7 (Regional Shtppina Distbriatr) av . ect€ios IN (Regional Madical District) L'--4�ecticnn g (DC-fini.t ions) Section 10 (Adminivrati.on) 3s rentared Section 5; is renumbered Section €►; to rei t-mbered SecCt i on 7; is `5:enn- 't"c�erad Section 8; is rewinbared Section 9; Is renwbeared Section 10; is reantabered Section il. Section So Said Ordinance Bo. 261 is hereby amended by adding thereto a. € sw Section 4, which shall 'read as follvwast "See-ticn 4, .rlult<�l a Rea ,denee� l3f stuxi t i�v ult gle Resi.deues Districts BoLndar'i.Ees, The Maltiple Reai.dence DiQt , in established to include the foll.lar4ng reasr (4) (Legal description of Sourchdale apartment area) ) Sea Page I -A of this Ordinance for Legal (b) (Blk, 9 & 9. k ('Lot 1) of BloeL: 2, Stow9a zdgemor)) Descriptions 2. W 1 Uses -Permitted in_District,, The foliowi,ng uses gate pex-T-Ii .tedc t.' lad wber. a building permit shall._hoffe. been issued by the Bu lding Inspcx-tors, and 60 person shall erect, alter, enlarge, awe, demolish, use,, oteupy or m4inireia bntl.din.3y astFr act ure., 3provment or promises without €iarst hawing obtaive4 each permit,. .I- I Ordinance Now 261-32 Section. 3a Section 4-1, (a) and (b) - Legal Descriptions of W ltinle Residence District_ Boundaries as established under this Ordinance (a) All that park of Lot Two (2), Cassines Outlots lying North of the South Seven Hundred Sixty-eight and Six Hundredths (768.06) feet of said Lot Two (2); and All that part of Lot Three (3), Cassin°s Outlots lying North of the South One Thousand Three Hundred Twenty-two and Thirty- five Hundredths (1322.35) feet of said Lot Three (3); and Lot Four (4) Cassin°s Outlots$ except the south Three Hundred Thirty-three (333.0) feet of the hest Ninety-eight (98.0) feet of said Lot Four (4), and except the South Three Hundred and Eighty-three (383.0) feet of the East Two Hundred Ninety-four and Forty-eight Hundredths (294,48) feet of said Lot Four (4); and All that part of Outlot Two (2)9 Evans Addition except that part of said Outlot Two (2) lying South of a line parallel to and Seven Hundred Sixty-eight and Six hundredths (768.06) feet North of the South line of Lot Two (2), Cassin°s Outlots. (b) Block 9, and Lot 1, Block 29 Stow"s Edgemoor. • No. 261-32 2-j (a,1 All uses petmitied within the Open Development District. • (b) Residences; one -family, two-family, and multi -family (3 or more fami.lyo) (c) Accessory uses customarily incidental -a multi -family usesv including private garages .and parking areas for non-commercial vehicles and laundry buildings for the use solely of the residents of the building or develop- ment and central heating facilities for the residential building or de- �rel opment. 3. Res'c?ciction o 3 . All property zoned as Multiple Residence District shall be subject to the following restrictions on the use thereof: ,a) Area,. There shall be 12,000 square feet of buildable lot area for the first two (2) dwelling units, plus an additional 2,500 square feet Of buildable lot area for each additional dwelling unit. (b) ffficjocy Aoa_ nts� No more than ten (10) percent of the dwelling units in any one building shall be efficiency apartments,. ;c) F14nr A ear. The minimum floor area of an efficiency apartment shalt be not less than four hundred (400) net: square feast, that of a one (11 bed- room apartment shall be not lass thdn six hundred fifty (650) net scfuare feet, and that of a two (2) bedroom apartment shall be not less than eight. hundred (800) net square feet. Units containing three (3) or more bedrooms shall have an additional one hundred fifty (150) ne# square feet of floor area for each bedroom in excess of two (2) bedrooms. For pu?-pcsses of measurement, the net floor area of an apartment shall mean that area within a building used as a single dwelling unit And shall be measured from the inside of outside galls to the center of partitions bounding the duelling unit being measured, but shall not include public st aixweys8 public entrys, public foyers, public balconies, or unenclosed public perches, separate utility rooms, furnace areas or rooms, storage areas not within the apartment, or garages,. d) Heir h f Duitdi _U. (1) No dwelling structure shall be erected to a height greater than two and one-half (2j) storie.n measured at the from: of the structure ex- cept where, in the opinion of the Village Planning Commission and the Village Council after public hearing,, ;:he best interests of the Village would be served by a waiver of these restrictions. No building shall be erected under this section to a height greater than two and one-half (2*) stories unless a public elevator is provided. (2) No accessory building shall exceed one (1) story in height. (e) YArds Reauir_d. In the erection of any multi -family residence, the follo-n- ing minimum aet-backs ar^- required from property lines. (1) FranR t Ya, j. A front yard set -back of thirty-five (35) feet,, (2.) in ri%t Side Yard. An interior side yard set -back equal to the height of the building less fifteen (15) feety but in no case less than fifteen (15 ) f eet o -2- inance No, 261-32 • (e) (3) R Yard. A rear yard set -back of forty (40) meet, (4) Side Strjgj. A side yard set -back adjacent to side streets equal to the height of Lrhe building less thirty (30) feete but in no case less than thirty (30) feet, (f) p ance Bttween BuU No building shall be closer than twenty-five (25feet to any ether building on the lot., (g) C��er^aaeo Not more than thirty (30) percent of the buildable loY arrea shall be used for buildings, (h) Of~ S P n-q Facl I i ei', There shall be provided on the lot at least one1) completely enclosed parking space for each dwelling unit, the location and design of such enil.osed parking space ico be approved by the Planning Com- mission and the Council. i) Acc ary Buildinc 5, Pac , The following restrictions shall apply to the location and construction of accessory huildingss (1) An accessory building must be located at least twenty-five (25�� feet from the main structure if it is not attached thereto by a common wall, (2) Accessory buildings on a corner lot mast be located at least thirty (30) feet from any side street property line, (3) On an interior lot„ accessory buildings erected within the required side yard of a residence street shall be at leash fifteen (15) feet from the side property line, (4) Accessory buildings erected within the rear yard of a dwelling structure shall not be closer than fire (5) feet to the interior side property line,, (5) Accessory buildings shall be erected not closer than five (5) feet to the rear px-operty line,, except that any parking structure having vehicle doors opening to the rear property line shall be not closer than twenty (20) feet to said property line., (6) Accessory buildings may not he erected within a required front yard of a residence structure except upon approval of the Planning Commission and the pillage Council, (7) Exteriors of accessory buildings shall have the same exterior finish as 1:he main structure, (8) The side and rear yard setback rest-rictions provided in -this subsection - (I) shall not prevent the Planning Commission and Village Council from requiring common walls for accessory buildings where said common wall will eliminate unsightly haxa`rd areas. ffcz Non 261-32 Uj Prgiec-i D_Pn Space,. Cornices and eaves may project not to exceed thirty 30 inches into a required open spaces, and fireplaces and chimneys may project not to exceed eighteen (18) inches into the required open space of any residence structure. (k� Poxc & Ba Uri ou Ba con Entrance steps not more than it 30) inches above grade and canopies not supported by posts may project Into the front, sides• or rear yard a distance of not to exceed three (3) feetand a bay window or balcony may project into the front or side yard of any resi- dence structure, a distance of not to exceed three (3) feet. kia No dwelling units shall be permitted in basements, cellars, or accessory buildings, except that dwelling units may be permitted in basements only if the finished interior is of same quality as the majority of the non -.basement units. Section, Section 10 (as herein renumbered) of Ordinance No. 261 is hereby amended by adding the following definitions theretos "Basement" - A story partly underground but having at least one-half (J) of its height above the curb level and also one-half (J) of its height above the highest level of the adjoining ground. A basement shall be counted as a story; except that a basements, the ceiling of which does not extend for more than five (5) feet above the curb level or above the highest level of the .adjoining grounds, shall not be counted as a story. "Cellar" - A story having more than one-half W of its height below the curb level and below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purpose of height measurement. "Dowelling Unit" - One or more rooms connected together, but structurally divided,, from all other rooms in the salve structure, which together constitute a separate, independent housekeeping unit for permanent residential occupancy by a family or an individuals, with facilities to sleep, cook and eat. "Efficiency Apartment" - A duelling unit consisting of one room exclusive of bathrooms, kitchens hallways, closets, or dining alcove directly off the principal room. Section 5, This ordinance shall he in full force and effect from and after its passage and publication according to lass,. Adopted this _ 25thdav ^-r --August e -__, 1958, (SI%11QdJ ARTH_UR C. BREDLSEN,-JR. Mayor - — - Attest: (Signed) GRETCHEN S. ALDEN Village clerk Published in Edina--Morningside Courier September 4 and 11, 1958 • ORDINANCE NO. 261-33 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL YLULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Secti.on„1. Section 41 Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows: "(c) That part of Lot Five (5), Cassin's Outlots, lying Wiest of a line running from a point 219-1/10 feet West from the Southeast Corner of Lot Five (5) to a point 221-1/10 feet Viest from the Northeast Corner of Lot Five (5), excluding roads, and excluding that part of said Lot Five (5) lying South of York Avenue Extended." Section 20 This ordinance shall be in effect immediately upon its passage and publication. Adopted this 8th day of September, 1958a ATTEST: _ Sjgned? ARTHUR C.BREDESR (Sialned) CRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier on September 11, 1958a to • ORDINANCE NO. 261-34 AN ORDINANCE AMENDING THE ZONING ORDINANCE' OF EDINA BY ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRICT '1HE VILLAGE COUNCIL OF THE -VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section I* Section 4, bbltiple Residence District, of Ordinance 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4 an additional sub -paragraph as follows: * °(d) Lots 10, 11 and 12, Block 9, Brookside Heights, Section 2. This ordinance shall be in effect immediately upon its passage and publication, Adopted this 8th day of September, 1958. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor. Village Clerk Published in Edina-Morningside Courier on September 11, 1958. • ORD.) VANC NO, 261- 35 AN ORDINANCE IMENDMG SHrTION 3. PARAGRAPH 4 OF THE ZONING ORDINA14CE OF EDTNA THE VILLAGE COiI 1L OF THE V iI LAGS OF ED2IdA, �JIINPvFSOTA, ORDAINS: Section 1. aragraph 4 of Section 3 of Ordinance No. 261 (the Zoning Ordinance of the the V.ilthe V.illage)is hereby ariended to read as follows: 114, Size, Frontage and Depth of Lots. (a) No land shall be platted or subdivided which at the time of application for approval of the plat is provided with public water and sevae- ccnnecfions or in t4nich public water and sewer connections are contemplated.. unless such plat or subdivision meets all the following minimum requirements: (1) Each ict shall have a frontage on a public street of not less than 15 feet, except that in case of corner lots the minimum frontage shall be not less Than 80 feet; and in case of lots fronting on curving L.•i;_^.ees a smaller frontage may be approved by the council, provided that in no event shad there be a smaller frontage than 60 feet.., (2) The average minimurr, depth of each lot shall be not less than 120 feet; provided that this requirement may be waived by a 4/5 vote of the council., (3) The area of each lot shall be not less than 9,000 square feet. (b) No lard shall be platted or subdivided which as the time of application for approval of the plat is provided with public sewer connections or in tunich public sewer connections are contemplated, but in ;diich public water connections are not provided or contemplated, unless such plat or subdivision meets all. of the following minimum requirements: (1) Each lot shall have a frontage on a public streak of not less Than 75 feet, except that in case of corner lots the minimum frontage shall be not less thin 80 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be a smaller frontage than 60 feet. (2) The average minimum depth of each lot shall be not less than 125 feet; provided that this requirement may be waived by a 4/5 vote of the council. (3) The area of each lot shall be not less than 10,500 square feel.. (c) No land shall be platted or subdivided which at, the time of application for approval of the plat is not provided with either public water o•r sewer connections and in which nei•iher public water nor sewer connections are contemptiuted, unless such plat or subdivision meets all of the fallowing miniYaum requirements: (1) Each lot shall. have a frontage on a public street of not less than 90 feet, except That in case of Corner lots the minimum frontage shall be not less than 95 feet; and in case of lots fronting on curving streets a smaller frontage may be approved by the council, provided that in no event shall there be smaller frontage than 65 feat. (2) The average minimum depth of each lot shall be not less than 130 feet; provided that this 'requirement may be waived by a 4/5 vote of the counc?lo (3) The area of each lot shall be not less than 15,000 ware feet. (d) All lots contained in land hereafter putted or subdivided shall 0 ORDINANCE NO. 261-35 -2- have side lines as nearly as practical at right angles to the street line, (3) No building permit shall be issued relating to any land which has been platted or subdivided in violation of this section or which has been conveyed in contravention or" Minnesota Statutes, Chapter 4719 Section 471,29." Section 2. This ordinance shall be in effect from and after its passage and publication according to law. Adopted this 8th day of September, 1958. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier September 11, 1958. • . --36 i �(7, c 2" 1 ( the of, .:he� VJ' . Nam".' y Dort 'oC ci 'rl:.a E.(yas aan .• � hard.. � ya.),d, :3 u11 main .Y.u--thin.S -:: �_ .}�,. c.._�. 15.... ',3 "C�j;.0 i...?,-:)1". mot ? del �. v.� •s I'3�0(1R is -Ci. �. cn_ 7 ;C.4k, .. 3 i.c'Tit`�+ 3 _''?fr3ih as tLi 1.i i:::d herein: E) fill) _-dnirum, de_!21 :; Z,-. I 'n;; ti: o);c ,,, ze:n cvariance shall have baen i-i tc (I. U t: t on dOf "GdiE' s•creet between LWO inter snctjens; no l,uiIding st"?atJ.bc- ei:ect-od to s}:tended so as to project beyond a line drat,.il batt,.^en the Do Lion of the firs; adjacent building on each side. (3) .fn the clise of a building to be erected or extended on a corner lot, the r_!ininfum rout yr:c-' depth shall be increased by an amount not less than one-half trio, cicpc'. of the ftont yard of the first adjacent building in excess of 30 feet. t) Subparagraphs (2) and (3) above ,hall not be applied so asto require 8 ftonc ?:d in excet;s of one •th-�rd of the average depth of the lot. (5' On Francv Avenue fro--m '.,.Test 69th Street south -to the South Village Limits, no bu _i ling shall be erected or be extended to a point nearer than s vent: 4:i v: feel- `-o the center lane) of 1 Dance avenue. (b) Siclh �at�I_ Interior. (1) 111,1henove-1 the average height of a building at the side building line is 15 A�` r' t or under, i ho s4 do yard shall have a minimum depth of 10 feet, but on the of the buildi,l7 usod for a garage (if any), the side yard, may be five feel, ,_ !ided that no eave projects within 4E' ±.riches olf the ?property line. In the cam G' slatted lots, or lots of -record in o„ _t nb51r,;rshilp at the time the zoning and }' tting ordinances iaere adopted ivhers the oi,;ner owned the adjoining land, whose width at the building line is less than 75 feet, the side yard not adjacent to a ga egs may be produced to 10 Ise` cent: of the iiicd•th of the lot at the building line, bu-4 in no caSo to less than 5 feet. (2) WIhenever the average height of a building at the side building line exceeds 15 feet, the side yard shall hauo a minimum depth as above provided, plus 6 inches for every foot or fraction thereof that the average height at the side building line exceeds 15 feet. (c) Side _ ,ar_ _Iu in on a Street. (l) The side yard abutting on a street aahare there is an adjoining interior lot fronting on the sari„ street shall be determined as for front yards, provided th, buildable width , of the lot shall not berlazl�laao%a in excess of one third of the widtl of the lot at the rear building line. (2) The minimum death o3 a side yard abutting on a street and abutting the rear yard of the next adjacent lot shall be 15 feet, but in the case of lots as described in subpr:,r Tlari (b) (1) o5= thi:s paragraph, whose width at the building "line is less thar. :-"t, the side yard abutting a ;street may be reduced to no less than 20 per of t:h� ; .-.dth of the lot at the front building line but in no taco; to less than j.,, ip ' wn 1 line. t(f) �' .'. .. t c^.C>E of t to of , .,.o t line „() ..ail.CS =t . 4 cogs-. of -he _..�a .._ _..... ........ :. i�i; or i:.._I. .. _ .. •. .._ ..fit. ..$ _. _ '`% ':_-,t•?.. ro4s- f ;!':C;'i. to 'Final fdc2�r211nc'i.�.Ci;: G. 'l: t C iJ C3 ri L�int'� _ .. JFF unu sual o2 unry_v ha�Ci3iS1'.�,Zt ;?+:: p;'%c , ': S'ri.. '_ i'. )_ L1?1id.ings, the GU2 VQ. d line of -Cha S ree t, '%h2 contoua o3 the mind, the J zragular shape of the lot, or the unusually small size of the lot. Notice of application for such variance shall be sent to all a;mers of record of property on the same side of the street betlxaen the intersections on each side as the property for which the variance is requested. The not- ce shall specify a tir�a and place for hearing on such application for a variance, and at such hearing the punning commission shah consider the objections, is any, raised by owners of other property located within the Village. The recorn ondation or the planning commission shall be re- ported to then Council at the next regular meeting thereof to be held not: less than fiva' clays From the date of hearing before the planning commission, and the p�lanni.ng commissiion sha? l f5.le a r:tritten rep ort wi th the Council prior to such tillecto.ng. At such heating of the Council, tf;ithout further notice, the applica9 ti.on and objection, the-reto shah be heard or the Council shall publicly fix a cuts, tinge and place for hearing. At or following such hearing, the Council shall determine tvhtathex the application shall be denied or granted in whole or in part. Section 2.. Paragraph 10 of Section 3 of Ordinance 14o. 261, as heretofore ionded, is hereby further 3rended to read as follobisa "10. Putted Width of Corner Iota. No ?cif, shall bs platted ox subdivided hrerGaA ter so as to create any co-nner lots having a width less than five .feet in axcoss of the minimum width of other Lois in the same block which are not corner lots." kdopted this 13th _day o October ` 9 1958. ATTEST,., (Signed) GRETCHEN S. ALDEN (Signed) FRANK J. TUPA Acting Village Cleric Published in Edina -Morning side Courier • VILLAGE OF EDINA, MINNESOTA • r ORDIUe%NCE NO. 261-37 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY MAKING PROVISION THEREIN FOR AN OFFICE BUILDING DISTRICT, MAKING REGULATIONS FOR SAID DISTRICT AND DEFINING ITS BOUNDARIES. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA$ MINNESOTA, ORDAINS: Section 1. The following sections of Ordinance No. 261 (Zoning Ordinance) of the Village, as amended, are hereby renumbered as follows: ✓Section 9 (Special Permits) is renumbered Sec-11-ion 11; ✓ Section 10 (Definitions) is renumbered Section 12; and I"ection 11 (Administration) is renumbered Section 13. Section 2. Section 2 of said Ordinance Nc. 2619 as amended, is hereby further amended.to read as follows= "Section 2. PAgIricta Etta i .h . "For the purposes of this ordinance, the Village shall be divided into the following districts, and the uses of structures and lands, the height of buildings and the area of premises for buildings are to be uniform in each district, except as special use permits may be required under Section 10 of this ordinance and special restrictions imposed thereby. Open Development District (Section 3). Multiple Residence District (Section 4). Automobile Parking District (Section 5). Community Store District (Section 6). Commercial District (Section 7). Regional Shopping District (Section 8). Regional Medical District (Section 9). Office Building District (Section 10). The boundaries of said districts shall be as further provided herein. No building shall be erected or premises used for any purpose unless in compliance with the use, height, area and other regulations and restrictions prescribed for the district in which such building or premises is located." Section 3. Said Ordinance No. 261 is hereby amended by adding thereto a new Section 10, reading as follows: Section 10. OFFICE BUILDING DISTRICT I. Boundaries_o£_Ofice Building District. The boundaries of the Offi e Building District shall include the following lands:�Z��-�� (Nothing presently zoned) ,� (Xit�X�Y�X7�35�?57fi'�C 2. SPL fic Uses Permitted in District- The following uses are permitted, if and when a building permit shall have been issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy or maintain any build- ing, structure, improvement or premises without first having obtained such permits -1- (a) All uses permitted in the Open Development District. (b) All uses permitted in the Multiple Residence District. All us s permitted the further provisions of this section. "L 3. Use far Offi ga j,�ctm,na ; Res`criciio,. ThP_ rage na All property zoned as Office Building District may be used for erections maintenance and operation of an office building or buildings, an office building being hereby defined as a building in which no product is made, assembled, sold or stored on the premises, but the following restrictions shall apply to all property so used: (a) Lqj CovgraM. No more than 50 per cent of an office building lot may be used for structures. (b) Off -Street Parking. There shall be provided on the building lot or within 200 feet thereof, a minimum of one square foot of off-street parking space for every one square fod�t of gross floor area. c) QfL-S�_.r._e�t Loading. There shall'be provided one off-street loading facility for an office building having a floor area of less than 20,000 gross square feet and two off-street loading facilities for an office building having a gross floor area of 20,000 square feet or more. An off-street loading facility shall be not less than 10 feet widen 25 feet long, and if enclosed, 12 feet 9 inches high. (d) YL.rds Rea ired. The following minimum yards and set -backs shall be re- quired for each office building erected within this district; (1) Front Yard. A front yard set -back of 30 feet from the lot line. (2) S e t. A. side street set -back of 20 feet from the lot line. (3) Rear__Yard. A rear yard set -back from the lot line of 20 feet or 20% of the depth of the lot, whichever shall be greater. (4) 101grior Sides. If the proposed office building is adjacent to a lot zoned for residential use, a side yard of ten feet shall be required; otherwise no side yard shall be required, except side street set -backs. (e) Design and Location of Access Drives. In order to maintain adequate and safe access to required off-street parking and loading facilities, the following standards shall apply: (1) Wid-th or Access Drives. The width of a single drive shall be no greater than 15 feet measured at the property line. The width of a double drive shall be no greater than 25 feet measured at the property line (2) Distance Between Drives. Access drives on the same property shall be no closer than 15 feet to each other measured along the curb or the edge of the traveled pc Lion of the roadway. (3) Radius. The minimum radius of an access drive shall be five feet. (4) Dislnc_e_fr�m Street In ersec -ion. Access drives shall be no claws than 20 feet to a street intersection measured from a point on they curb or edge of traveled roadway where the property tine extende•a intersects the curb or edge of traveled roadway. i_ �5) Corgi Dr_,ye$. Common drives shall be no wider than twenty-five (25) feet measured at the property line. (6) Distances frnm� -Ad Jacenj_j:ot. Access drives, not common to adjacent build- ing lots, shall be no closer than five feet to an adjacent lot, measured at the curb or edge of the traveled roadway; and parking and loading areas shall not be located on that side of an office building which is adjacent to a lot zoned open development. Provided, however, that this requirement may be tvaived by the Village Council after public hearing, notice of which shall be mailed to all property owners within 200 feet of the lot in ques- tion in all directions. ('l) Uncon-roll Ac--sl. If there is no curb along the roadway, an approved barricade at least two feet high shall be erected at the property line. Material and location of said barricade shall be subject to the approval of the Village Engineer. (8) Numbg-„of Dries. There shall be no more than tt:,o access drives to a building lot except that additional drives may be allowed for a frontage greater than 150 feet on any one street, upon approval of the Village Engineer. (9) FeM-Its-Reguired. At the time a building permit for an Office building in this district is requested of the Village Building Inspector, three copies of the plan of the proposed parking and loading facilities shall be submitted, to be distributed as follows; (aa) One copy to be forwarded to the Village Engineer and Planning Engine;:. for approval and returned to the Building Inspector for retention in the building department files. (bb) One copy to be forwarded to the Planning Engineer and retained in the planning department files. (cc) One copy to be returned with the permit to the developer. (f) He�iq}ht of Building. No structure within this district shall be greater than 30 feet, except that elevator penthouses, air-conditioning equipment areas and other necessary structures not higher than six feet in addition to said 30 feet may be allotaed. (g) Residence in Office Buildings. There shall be no residential use of any portion of a structure erected for office use in this district; however. this shall not apply to the office of a professional person in their own residence. (h) Accessory Buildings. There shall be nvo accessory buildings erected within a required front or side yard of any office building in this district. Accessory buildings may be erected subject to the following restrictions: (1) Rear Yard. A rear yard set -back of five feet is required except that where an alley is present, accessory buildings opening to said alley shall be set back 20 feet from such alley. (2) SLde Yard. A side yard set -back of five feet is required except that where the side yard property line is the frontage of a side street, the required set -back shall be 20 feet. �3r (3) bra imiy to b9ain Stxuc�uM. Accessory buildings shall not be erected within 25 feet of a main structure unless attached thereto by a common wall and constructed of the same materials as the main structure. (i) S§j=. No sign of any size or type, either permanent or movable,, shall be placed within 30 feet of a front property pine. There shall be not more than one exterior sign per building lot except that name plates measuring no more than 12 inches by 24 inches, attached to the face of the office building and giving notice of tenants within the building, are permissible. 24th Adopted this X day of November ' lgggo (Signed) ARTHUR C. BREDESEN, JR. Mayor Attest: (Signed) GRETCHEN S. ALDEN Village Clerk December 11 and 18, 1958 Published in Edina-hlorningside Courier on I iVA05,kXXWXXW , 19580 -Mux)C �x yaMZWA4W6 ;6MX • 0 ORDINANCE NO. 261-38 At; ORDIN'Ar,CE AMENDING THE WING ORDINANCE OF EDIVA AS TO COMITIONS OF ISSUA;:CE OF ADDITIONAL BUILDING PERMITS THE VILLAGE COUt:CIL OF THE VILLAGE OF EDINA ORDAI,'S: Section 1. Paragraph 3 of Section 3 (Open Development District) of Ordinan t'o. 261 of the Village, as amended, is hereby further amended to read as fol ows: "3. One _Dwelling per, Lott-14aiver of Lot Rectuirements. When land has been platted or subdivided and the plat is recorded, no more than one dwelling may be erected or altered on any lot, and such lot must conform to the requirements for platting or subdividing set forth herein; Provided, that if it is proposed to erect a single family dwelling on a lot which does not conform to such requirements, and it would work an unreasonable hardship on the owner to obtain additional property in order that his property will meet such requirements, the Council may nevertheless permit the erection or alteration and use of a single family dwelling on such lot; and Provided further, that if the limitation herein of one dwelling on each platted lot would cause unnecessary hardship, and waiver of such limitation would not in the opinion of the Council interfere with the purpose of the platting regulations of this ordinance, the Council may by resolution waive compliance with platting regulations and with this section, and permit the erection of two single-family dwellings on a platted lot, without replat or subdivision thereof into two lots, if the platted lot is divided into not more than two equal parts by a legal description in the form "the (West) half of Lot (12)" or "the (North 100) feet of Lot (6), and each part complies with all other requirements of this ordinance, and if the application is further accompanied by the consent of the planning commission thereto." Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted this 8th day of December, 1958. ATTEST: (Signed) ARTHUR C. BREDESE:. JR._ (Signed) GRETCHE;: S. ALDE: Mayor Village Clerk Published in Edina-Morningside Courier December 25, 1958 and January 1, 1959. ORDINANCE NO. 261-39 AN ORDINANCE REGULATING 'jHE HEIGHT OF BUILDING Its TFE REGIONAL SHOPPING is DISTRICT, AND AMEbDING THE ZONING ORDINANCE OF TFbb: VILLAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: etien I., Subparagraph (b) of paragraph 3 of Section 6 (Regional Shopping District) of Ordinance ;,o. 261 (Zoning Ordinancs) of the Village, as amended, is hereby amen ed to read as follows: "(b) Height of Building2. U o building shall be arected to a height greater than 40 feet above the average surrounding ground .level, except that a building may be erected to a height no greater than 70,feet if the following conditions are obser jedi (1) That for each foot of height above the average surrounding ground level, ene foot of street set -back is provided. (2) That the building or portion of the building greater than 40 feet in height is not less than 250 feet from the centerline of any public street dividing the building site from an area zoned either Open Development District or Multiple residence District. (3) That the owner of the property on wh;.ch a building or a portion of a building is proposed to be erected to a height greater than 40 feet first obtains the written consent of the owners of 3/4 of the property located within 500 feet in all directions from any portion of the building proposed to be erected to a height greater. than 40 feet. No portion of any building more than 40 feet above the surrounding ground level shall be used for dwelling purposes. Section 21 This ordinance shall be in full force and effect immediately upon its passage and publication. Adopted this 22nd day of December, 1958. ATTEST: SIGNED: API LIF G. rBUDESEV, Xt. ( Signed) GRETCHEP; S. ALDEN - -- Mayor. Village Clerk Published in Edina-Morningside Courier January 1 and 8, 1959. ORDINA 10E NO. 261.-4o M ORDINIM.CE AF UTMIP<G THE 7O UNG 0MI1dANCE OF EDINA BY PROVIDING FOR SPECIAL 1 ]lW-AITS FOR �iP?ERAL CHAPELS, Al,D BY CHAP.'GIM THE CONDITIUNS UNDER VVICH ALL SPrXIAL FER)AITS SHALL REMAAIN Ill FORCE THE VILLAGE COUP "CI'L OF THE VILLAGE OF EDINA ORW IIES . Section 1. Paragraph 4. of Secticn 11 (Snecizl. Permits for Particular Uses)of Q Ordinance No. 261 (Zoning Ordinance) of tha Village of Edina is here- by amended by adding thereto the followingx t %,inimum Requ!red C:ondiAoi� j Districts b. Funeral (1) At least one off-street per'ciny space C(,Mmlr,ity Store; Chapel provided on the premdses for each commercial, five e;iapsl and visitatiro ro„i. ,rats. Regicnal Shopping (2) All off-street parking areas tc be scrc.eried by aithes fencing ,)r plantings. (3) Locaticr. and design of all access drives to be a) -,roved by the Vilicgc engineer. (4) All drives and cff-street puking facili- ties to be Waved with an all-.�Jeather surface, and the drainars thereof to be approved by the Village Engineer so as to prevent overflowing of stk )ets and public places. (5) t\o structure to be located closer than 50 feet to any property zoned fcr resi- dential use or occupied by a one -family, two-farnily or multiple -family dwelling. (6) All signs to be attached to the structure and not to protrude more Char: 3 inchas frcai the face of the building, no signs to be placed above the eave ] i:.e of a structure." Section2_. Paragraph 5 of said Section 11 of said Ordinance 1,1'o. 261 is hereby amended to read as follows: "5. All special pernits shall remain in forte only so long as the premises to ,%rhich the permit applies are used and occupied for the use stated in such permit. A special permit shall become void if such use or occupancy is abandoned and riot resumed :within e ye_A.r after the date of abandonment." Section 3. This ordi.r-,arice_ shall take effect upon its passage and publi- cation according to law. Adopted day of _ ve-1111 besr 1958. IXTEST e �;Si,�i n-ed,�„__ i+�iir',i,K i,., is►tLur�v n. Jtt. ed S. - ..-- - y (Si� ���:,��F��� Ai.;��ie Mayor Village Clerk - Published in Edina-Morningside Courier January 1 d,,d r, 1959. E ORDINANCE NO. 261-41 AN ORDIN�AVCE Al -RENDING THE ZONJUG ORDINANCE OF EDINA BY ESTABLISHING ADDITIONtl 00TVIVILINITY STORE DISTRICT TH7S'ection.l., LAGE COUNCIL. OF THE VILLAGE OF EDINA, M NN.NESOTA, ORDAINS: Section 6, Community Store District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1. of said Section 6 an additional sub -paragraph as follows. "0 0 The South Fifteen (15) Feet of Lot Fourteen and all of Lots Fifteen, Sixteen, Eighteen, nineteen and Twenty, Block One, Brookside Heights Addition." Section 2. This ordinance shall take effect upon its passage and publi- cation according to law. Adopted this 22nd day of December, 1956. ATTEST: (Signed) ARTHUR C. BREDESe,'. JR. (Signed) GRETCHEN S. ALDE111 Mayor Village Cler:: 0 ORDINANCE NO. 261-42 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING AN OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAI14SC Sectlon^,�,_ Section 10, Office Building District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, is hereby amended by adding at the end of Paragraph 1 of said Section 10 a sub -paragraph, (a), as followsk "(a) - Lot 49 Block 3, Edenmoor Addition. Section 2. This Ordinance shell take effect upon its passage and publication according to law. Adopted this 12th day of January, 1959. ATTESTS (,Signed) ARTHURC. t�: J • .JR.__„_, lend) GRETCHEN S. &DEN Mayor Village Clerk Published in Edina-Morningside Courier January 22 and 29, 1959. 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Sub.- subna rdgrzph ( )C Z b). of Paragraph 9 (if Section 3 TC-Pen Devp) Di -it; �)Y !)rd",, nAoce 261 (Zoning Ordinance) of the V!, laCe -J further amended to read as fol"lows: "(b) Side Yard, ( I ) ��ItseT;PVOI bright of c, buil!,linq at side building inp r -, 1,5 feet of the -ii'lp Yard s h a . 1, 1 h-av? a depth of ;�,j feet, bit ^n that sirio r7f 8 bI;IA,-Iif19 !j( -ort r,f w�-,ich is for f7,ccu'nat ion {r,S ar: e. f n.-,raqr-. W f'ard 5 feet ,Prclvided 0-4at n.) eave hec. ;f the pr;.-psrty link. I r th p r. s,- f ,,,I a t o r -, h i r. eft t h? v!-sr- J"7 " '!Vjlipr .'Wrjr,4 thf! arijolrli:-ic, land, -1-1--�,,e r1AA,,h aL the :d-Ing y,!:-e 1;' than 71 yard f t,h(-,. wlidth -,f1, tm,, Nil. case 0 pppppp, bN 0WINANCE AKA .'I DIKIG P'ARAGRA..M 4 OF SECTION q OF ORDINANCE JNOo 261 s A5 AVIF- ►J D, .9Y ADDING THERE"TG A Sub --PARAGRAPH "C PROVIDING, FCC THE SECURING OF A SPECIAL PERMIT FOR EREC!'ION OF GASCLINE SER- VICE STATIONS, c^STABLISHING CERTAIN STANDARDS TO BE OBSERVED AND SPECIFYING "TfiCwG DISTRICTS }'MERE SPECIAL PEF ITS WILL BE ALLO'W'ED. ITIE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS Section 1. Parag:raph 4 of Se,�'tion 9 of Ordinance No. 261 (Zoning Ordinance),. as Mended, is hereby amended by adding thereto a new sub -paragraph "c" as follows 4. t",, s Gasoline Se_*,.-ricE 'tations P�ii, i c yR gi .red Condi icsn5s 'I) Minimtm frontage on any street shall be 100 feet, but when such a site abuts on 2 streets, said minimum frontage .is required on only one of such streets. (2) The minimum lot ax7ea shall be 9,000 square feet (3) There shall .be a buffer area of at least Lets (10) feet in width, landscaped with evergreen shrubs to form a continuous hedge, and the remainder of such buffer area shall be maintained as 18Min rr flower beds, on the side or sides of the site which adjoins property uGed o;r zoned for single family, two famil.- or multiple family The continuous hedge shall be planted from the sidewalk back to the residential building line ivi h leer, shrubs not to exceed three and one-half (3�) feet in height, and from said building line back to the rear property line with shrubs at yeast six (6) feet high. (4) 'the paving, surfacing and drainage of -the site shall be subject to apprnval by the 'Village S'n�,ineer. 5) The main Gasoline Servire Station structure shay be located no closer than ten f 10) feat -t.� any property liner but aecessory strictures =hail he located no closer than three (3) feet. to E., ride or rear property line and thirty (30) feel: to any fYont praper"ty line. (6) Pump islands sh0l be located no c,105er than. twelve (12) feet to any property line (" s Only one (I ) permanent & tached groxjnd display sign racy be erected on a �,tr frontage line except, that if the frontage on any street :.s in excesz of 15( feet., two t och signs may be al lowpd e ri a cl frun°. age,. �8? All. exterior lighting shill be so placed i7d so operated as n+�- nuizz ante to adjacent properties, {9 The location and width of access dri,ve5 sh311 be as followsf (a) Not Glaser than fifteen (15 ) feet to a street intersection measured at the ru!; b line commenting at the intersection of the curb lines extended (b The rid iu6 of ;in ac-c.ess drive shal s_ nest extend beyond a property 1 ins e.ntentlerfo 1_ ,RDINAINCE X116, 261- 1-23-59 (eJ Not clol;eir thrin twenty (20) fept, -to ianothf%r driveway providing ae;cess t6 the sAW- 10tq RiPasured At the Property line, W) Not wider than -thirty f,30) feet,., manwreH at the property iine. (e) The minimum xa,!Id5 oi ail �,C:ess dLrives shall by five (5) feet, (10) Not more than tct-,,i�h contp.iners of !)tli more than fir'iepn tic-) qt�dlon capacity .hall. be placed on service station S* F,a to, by frrtr :hc., publtv. ciet oi, from, a djacent Properties. Ccmmmir,/ S7tore, rl'orPerclin� Regiona! Shoppina. A speciil OOSOlirle service station r)emilt =hall not be requir. (-d "IF any pc�Ysnr; to whom a building permit for erection of .1 gasoline ser,�Ice station ha_, been lawfully issued before the date on which thie ordinance if, passed by the Council. ion ';� This ordinaince �~hafl ho in effect, from ZvOl after the dat-,!:? of ItT., poasage and publicatioti acccrding to law. Adopted thin U-vd day of —March —9 lq;�q,, signed) WW DICK0"'(M Si ed)- GRZIMIDT S. AL DEN Mayor ,>_illage Clerk Fuhlinhed In EDINA-W-SIDE COURIER er,, ARIL. 2 IVID 9 1959. • VILLAGE OF ; DIN:;, -AYfA � ORDINANCE M. 261-47 AN ORDINANCE PROVIDING FOR THE GRANTING OF INDIVIDUAL VARIANCES FROM THE STRICT APPLICATION OF THE ZONING ORDINANCE OF THE VILLAGE, AND AMENDING SAID ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESCTA, ORDAINSa Section 1. Section 13 '(Administration) of Ordinance No. 261 (Zoning Ordinance) of the'Village is hereby amended by adding thereto,) immediately follow- ing paragraph. 6 (Amendment; hearing), a new pav4graph 6a reading as followsa "6a. Individual _Jar` . "(a) Conditions of Granting. The Council may authorize variations of the strict application of the terms of this ordinance as to use, locations construction or alteration of buildings or structures or the use of land in individual cases if the following conditions and all other condition, h-ming a bearing on the vase, are satisfied; (1) the variation will not merely serve as a convenience to the applicant therefor, but will alleviate a demonstrable and unusual hardship which tends to deprive the owner of any reasonable use of his property; f% such condition of hardship was not created by act or omission of the 10 applicant or the owners and (3) the granting of the variation will not prevent an adequate supply of light and air to Ajacert property or streets,) or substantially increase the danger of fire or endanger the public safetys or unreasonably diminish or impair estab- lished property values within the surrounding area, or otherwise unreasonably impair the public health, safety,, comfort, morals or wel:.ire of the inhabitants of the. Village. "(b) Procedure for Granting. The applicant for a variation shall submit a written request therefor to the Planning Commission of the Village on the form prescribed by said commission, which request shall be accompanied by the scam of ten (10) dollars as a fee for a variance application. The commission shall arrange with the applicant for a hearing on the matter at a meeting of the commission to he held within 40 days after filing of such form Pt the Village Hall. The matter sha'?'1 subsequently be heard by the council at a regular or special meeting thereof on t'hP same notice as prnvided in pzar< gralah 6, a'_-nvP. Tha -.ounril sh�;l.I �.t such time hear all objections And racommeradations, including the recommendation of the .� lanning Commission. The request for irariation shall be approved by a favorable vote of not less than Lwovthirds of the members elect of the council, or failing of approval by such vote, shall be deemed to have been denied "(c) Record of Variances. The Manning Commission shall maintain a permanent record on file in the Village Hall of all applications for variances received under the provisions of this vLtagraph, and of the final action taken thereon. AP 0 "(d) The provisions of this paragraph are additional but not alternative to any other provisions contained in this ordinance for the granting of relief in individual cases from the strict application of particular requirements of this ordinance, and shall not apply to cages in which relief may be had under such other provisions contained in this ordinance, including the cases to which paragraph 6 above is applicable. Section 2. fhis ordl•iance ,hall take effect upon its passage and publication according to low, Adopted March 23, 1959. (Signed) W. N. DICKSCN Mayor Pro Ten. Attest: ,Signed) METCHEN Se ALDEN Village Clerk Published in Edina-W rningsldA Courier April 2 and 9, 1959, L' 0 0 ORDINANCE NO. 261-48 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIO14AL COMMUNITY STORE DISTRICT (The Petition for this rezoning comes from the UNITED STATES POST OFFICE DEPARTMENT, and the purpose of the rezoning is to permit erection of a POST OFFICE on this tract). THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINN ESOTA, ORDAINS% Section 1. Section 6, Community Store District, of Ordinance No. 261 of the revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 6 an additional sub -paragraph as follows: "(kk) The {hest Forty -Five (45) Feet of the East One Hundred and Seventy -Two (172) Feet of the South One Hundred and Thirty - Five (135) Feet of the North Two Hundred and Seventy -Two and Five -Tenths (272.5) Feet of Lot Thirty -Six (36) Auditor's Subdivision No. One Hundred and Seventy -Two (172); and the 49 East One Hundred and Two (102) Feet cf the North One Hundred and Thirty -Seven and Five -Tenths (137.5) Feet of Lot Six (6), Block One (1), Lund Kruse Addition." Section 2. This ordinance shall be in full force and effect from and after its passage and publication. Adopted this 27th day of April, 1959. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. Signed_) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier May 14 and 21, 1959. • L ORDINANCE NO. 261-49 AN ORDINANCE AMENDING THE ZO ING ORDINANCE OF EDIPA BY ESTABLISHING ADDITIONAL tAP.7IERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, ,MINNESOTA, ORDAIES: Section 1. Section 7, Commercial District of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 7 an additional sub -paragraph as follows: , "(i) That part of the East One -Quarter (E1/4) of the Southwest One -Quarter (S!V1/4) of the Southeast One -Quarter (SEI/4) of Section Eight, Townshio One Hundred Sixteen, Range Twenty - One (Sec. 8, Twp. 116, R.21) lying South of State Highway Section 22. This ordinance shall be in effect immediately upon its passage and publication. Adopted this Sth day of June, 1959. ATT EL ( Signed) ARTHUR C. BREDESEN , JR. (Signed)_GRETCHEN S. ALDEL r� Mayor Village Clerk Published in Edina-Morningside Courier June 25, and July 2, 1959. 0 0 (If J. o !A! I sheil be trict. �33 Theve bh, ler",:A one ing mini-tum, -.1zei t cn� combilled two ca�L, cnii - �L-- �, Z; (b) ':Zapr,-le 12 ZZ The F,-rc,) 0� il, Un be not less i3ltn 750 n(A 1-0 dwelling uld"'. ;-AN311 'k-'e not lees 9")o net C-- divallini, v?dt-, • "in edditlor!.,. 150 re' in excesE `3sd I For ;Jrpos(�G C-1 th( Im-it shall T,---tqr. thrl arc-- vjltiz. unit sF ,-;f out -tile --vaU.s to car.tc-;L inn unit �ntalcar. (5) The des-Ign foatures of dk trio family residence shall be jf ,--uth nature ris to provide for each dwelling unit the wasure of privacy normally enjoyed 3:,y a single fwily residence. Pevtict- lar attention must- be given to the problem of sound transmission thru floors and common w@IIi, -.ind the designs of these two buildings featw--es --,hall be of �i type approved by the Village building inspettero Districtst Open Development District M-I-ion 3. This ordinance shall be in effect immediately upon its pas.sarjr- 3t ion. .1opted this 22nd __�day of —"Ju,ne 1959, GRETCHEN S. AIDEN (signed) i ARTHUR C. BREDESEN, JR, (Siared) i,ilayov June 25 & July 2, ORDINAXE No. 261-51 AN ORDINANCE A14E,N.iDIOG THE LONITNG ORDINI=E OF EDINA BY Eb'TAE ISHIN:G ADDITIONAL COMMERCIAL DISTRIC.'T TUE VILLAGE COL4,1CIL OF THE VILLAGE OF EDINA, MINUESOTA, ORDAINS: Section ,L., Section 71 Comercial District of CL+-dinance PJo� 261 of r,ry revised ordinances of the Village of Edina, as an-anded, is hereby t.,rther amended by adding at the end of paragraph 1. of said Section 7 an adlitional sub -paragraph as follmrss That part of the Southwest quarter of the Southwest Quarter of Section 81 Township 116 North$ Flange 21 Ylest of Principal hieridien lying East of county Road No, 2S and North of State Highway No. 5 Scctmn 20 This ordinance shall be in effect smr diafel;r u.-t-an ito passage and pub?icat3on, Adopted this 28th day of Sept.en-,ber, 1959, ATTESTS = 2, n-24 ART1jQR Ci o MEDUEN,a ,,IR. i n,-- _ G! 1EU So ALM' Mayor it Viilaga CI9rk FJ%'Iished in Edina-Morningside Courier 15 and 22, 1559, it i ORDINANCE PION 261-52 EDINA BY ESTABLI NIG ADDD IOWAL Z.ULTIPIP. RESIUEIsCE PI.x�� rIM '�"iLi.P.dGE COMMIL CIF TIDE lPILWE OF EDINA, MIbNVESOTA, MAINS: Section 1. Section 4, I-Iultiple Pte-qidence District; of Ordinance No, 261 of the Reviced Ordinances of the Village of Edina, ao arended, is hereby awnded by adding at the end of paragraph 1 of said Section 4 an :additional sub -paragraph as follows "(e) That property legally described as follows: 'Com wncing 155 feet South of the Vorthe:ast (,omen of Section 19, ` mmship 28, Range 24; thence South to the Southeast Corner of the North 1/2 0£ the Northeast 1/4 of the Northeast 1/4 of the rorthecst 1/4; thence Westerly 170 freer; thence North to a point: 155 feet. South and 170 feet 'West of the Northeast corner of Section 19; thence East to point of beainr_ing, except road." Section _J. This ordinance shall be in effect inediate?y upon its passage aed publication. Adopted this 26th day of October„ 1959, ATTEST: iSi ncd Exit C,, BR.EDESCN. JR ALDEN ... �. �... Mayor 'tillage Clem Published in Edina—Viorningside CouF ier November 12 and 19, 1959.. I a ORDINANCE NO. 261-53 AN ORDINANCE AMENDING TIM ZONING ORDINANCE OF THE VILLAGE OF EDINA BY ESTABLISHING ADDIT101q,4L AUTOMOBILE PARKING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDINNS: Section 1. Section 5, Automobile Parking District, of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 5, additional sub- paragraphs, as folloids : "The South 50 Ft. of the North 150 Ft. of Lot 42, Auditor's Subdi- vision No. 17211. "The Last 155 Ft. of that part of Lot 43, Auditor's Subdivision No. 172 lying ;South of the North 175 Ft. thereof". "That tract beginning at a point 78 Ft. North and 65 Ft. East of the Southwest Corner of Lot 43, Auditor's Subdivision No. 172; thence West 24.25 Ft.; thence North to a point 175 Ft. South of the North line of said Lot 43; thence Last to a point 155 Ft. West of the East line of said Lot 43; thence South to the point of beginning". "That part of Lots 44 and 45, Auditor'G Subdivision No. 172, lying South of a line parallel with and 175 Ft. South of the South line of W.50th St." Section 2. This ordinance shall be in effect immediately upon its passage and publication. 23rd Adopted this '.ski; day of November, 1959. ATTEST: (Signed) ARTHi1R C. BREDESEN, JR (Signed) GRETCHEN S. _ALDLO; Mayor Village Clerk Published in Edina-morningside Courier December 3 and 10, 1959. t 0, RD11ij?,1,3cg Ni,,e� L, *,cj,_54 AN OX)INMCE I)MURING THE M)NliG ORTIAMiCS OF EDINA BY Fri(XIDING FOR SPECIAL PET011TS FOR AUTMOBILS, WASHING ESTAMSME-INT THE VILLAGE COUNCIL OF ME. VILLAGE 'UP EDINA, MINNESOTA, ORDAINS AS FOLW,'S: Section to Par-­Fraph 4 of Section 11 (Special Permits for Particular Uses) of QzZA_inZc_eNo. 26Z (Zloning Ordinance) of the Village of Edina, Ss arx-anded, is hereby further amended by adding thereto thfollo-uing'o (d) Use.,, Automobile Uashing Zstablishmsent Minimum Required Conditions (1) Sufficient off-street area to pa7ovide for 40 autombiles waiting to be washed, For this purpose, a -,pace of 10 Beet by 9 fact shall be provided for each car, Space for an additional 10 cars clhall be provided for care which have been washad and whicii are ;maiting tha ca.,7aess' pict-.inn them up, (2), Off -Street parking for 15 employees" cars, for each washing lave. (3) A buffer area of at least 20 fact in uldth, Tandsc8pad with evergreen shrubs to form a contirunus hedge, th,� remainder of such buffer ar, to be main- �aiaed av laxn or flower beds, on the side or sides of the site which adjoins property used or zoned for single EarCly, tv,,o fardly, or r-mitiple family use. The continuous hedge chall be planted from the sidesgalk to the residentail building Iire with lc*; shrubs not to exceed 3.1,4- feat in lia'.rvht, and from said building line t1ack to the rear p-loperty line with chtubs at least 6 feet high, (4) 11e paving, slirfacIng, and drainaac of the site, and wash water dis- peGal/facilihiesj to bi 'approved by the Village Enginiier. an 'emova (5) (hrly one per neat. detached ground display sign to he erected ci a street frontage (6) All exteriov li3hting to be so placed and operated as not to be z� nuisance to adjacent prop: perties. (7) The location and u-idth of access drives shall be as follows: a. Not closer than 20 feet to a street Intersection =asured at tha curb line co-arrancing at the 3,n,11-araection of the curb lines extended. b. The radius of an access drive shall not extend beyond a property lLne extended, c. .,lot closer than 25 feet to another driveway prc�iidliS access to Lhe S.�ffie lot, m3Lsured q-t zh:� pTaparty lWa. e,, N�t than *30 fact, i_,aasurred z,_t, th'�! prapatt'y lftt�u, .­i' Lccdnb-faiva . TO,? ru.i.�na.3i r_das cJae,�,:rvr. & • f Iao access drives ahall be permitted on State, County, or local State -Aid highways and streets. S. The trash line exit. doors shall b` not less than 40 feet from street property line. Districts: Cormercial, Regional Shopping Section 2e This ordinance shall ba in effect from and after its passage and publication according to Face .�Aopted thin 29th day of February , 1960, A? °EST: S_ T Signed) GRETCHEN S AIDEN Mayor Village Clerk Published in Edina-MorniWide Courier 1•ta.rch 3 and 10, 19600 0 ORDINANCE A0, 261-55 AN ORDINANCE AMENDING THE ZONING ORDIVANCE OF EDINA BY ESTABLISHING ADDITIONAL COMMMITY STORE DISTRICT THE VILLAGE COUNCIL OF TO VILLAGE OF EDINA, MINNESOTA, OMAINS: Section 1. Section 6, Co=wnity Store District, of Ordinance No. 261 of the revised Ordinances of the Village of Edina, as .: =nded, is hereby further amended by adding at the end of paragraph 1. of acid Section 6 an additional sub -paragraph as follows: "(11) The South 34 Feet or Block 1, Replat of Blocks 1, 2 and 9, Stows Edgemoor, as per preliminary plat approved by the Village Council.19 0 Section 2. The Ordinance shall be in full force and effect from and after its passage and publication. Adopted this 25th day of April, 1960. ATTEST: ,-Sipned ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN � Mayor Village Clerk Published in Edina-Morningside Courier May 12 and 1.9, 1960. 0 ORDINANCC NO. 261-56 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE BY PERMITTIATG THE ERECTION OF NURSING H014ES AND REST HOMES IN THE OPEN DEVELOPMENT DISTRICT 111E VILLAGE COMIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 16 of Section 3 (Open Development District) of Ordinance 261 of the Village, as amended, is hereby amended to read as follows: "lb; Location of Hospitals,, Nursing Homes Rest Homes, Cemeteries, Etc.: Hearing. Because of the necessity for hospitals, nursing homes, rest homes, sanitariums and cemeteries, and also because they may be inimical to the health, safety and general welfare of the community if located without due consideration to the conditions and surroundings, no hospital, nursing home, rest home, sani- tarium or cemetery shall be permitted in the Open Development District except after a public hearing and upon the unanimous vote of the council, The Council shall on request of the applicant fix a date, which shall not be less than ten days or more than thirty days away, for a hearing on the necessity and convenience of such building to the community and whether it will be detrimental to the health, safety and general welfare. Notice of such hearing shall be posted in at least three conspicuous public places in the Village." Section 2. This Ordinance shall be in effect iecmediately upon its passage and publication. Adopted this 13th day of June, 1960. ATTEST: (Signed)- GRETCHEN S , ALDEN Village Clerk (Signed) ARTHUR C. BREDESEN, JR. Mayor Published in Edina-Moorningside Courier June 23 and 30, 1960. 0 ORDINANCE NO. 261-57 AN ORDINANCE A'r"MD3:NG THE ZONING ORDINANCES OF MINA BY ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE, AUj2j0B7.L8 PARKING, SAND C%PMTY STORE_D7STRICTS THE VILLAGE COLLT:?CIL OF THE VILUCE OF EDINA, MUNESOTA, ORDAIF.S: Section 1. Section 4, 14ultiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4 additional sub -paragraphs as fol logs : "(f) Gut:lot3 2, 3 and 4, "loan Realty's Edina Terrace. (g) The IZorth Four- Hundred and Sixty-TOo Feet (462 Ft.) of the East- Five Hundred and Thirty -Six and 67/100 Feet (536.67 Ft.) of the Northeast One Garter of :he Northwest One Quarter (NEi/4 of Nd1/4) of Section 29, Township 28, Range 24. (h) Vile East lour Hundred and Forty Feet (4G0 Ft.) of the South three chains of the Worth One Quarter (Nl/4) of the Northeest One Quarter (NW1/4) of Section 29, Township 28, Range 24. SecLion 2. Section 5, Automobile Parking District, of Ordinance No. 261 of the revised ordinances of the Village of Edina, as amended, is hereby Zurther amended by adding at the end of paragraph 1 of said Section 5, an additional sub paragraph, as fo17 oy73: "(h) Lot Seven (7), Block Ttaenty-One (21), Fairfax Addition." Section 3. Section 6, Codm'►mity Store District, of Ordinance No. 261 of the revised Ordinances of the Villz�ge of Edina, as amended, is hereby further awnded by adding at the end of paragraph i of said Section 6 an additional sub- paragraph as follows: "(mm) Lots Eleven Itielve and Thirteen (11, 12 and 13), Block Twenty -One (21), I'af i fe-x Addition." " .L.-1� Section 4. This Ordinance shall be in full force and effect: from and after its passage and publication. Adopted this loth day of October, 1960. ATTEST: ? ed) ARTIir� C. BREDESEN", JR. Sic �� GR$TCHEfiI S. ALDi�P3 Yo Village Clerk Published in Edina-Morninnside Courier October 20 and 27, 1960. 10 9 ORDINANCES NO. 261-58 AN ORDINANCE AXENDIhr, THE ZONING ORDINANCE OF EDINA BY ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby amended by adding at the end of paragraph 1 of said Section 4 additional sub -paragraph as follows: "(i) That part of Lot 22, Block 2, Peacedale Acres lying between W.62nd St. and Valley View Road. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. Adopted this 28th day of Movember, 1960. ATTXST: (Signed) ARTHUR C. BREDBSEN, JR. (Signed) GRETCHEN S, ALDEN Mayor Village Clerk Published in Edina-Morningside Courier December 1 and 8, 1960, ORDINANCE NO. 261-59 ppppppp AN ORDINANCE AME14DIM ORDINANCE 11"0. 261 (ZONING ORDINANCE) OF TiiE VILLAGE OF EDINA AS TO USES AND RESTP.ICTIONS ON USES IN THE or•PICw BUTLDIM DISTRICT I'HE VILLAGE COUNCIL OF Tlic VILLAGE OF EDINA, MIF,rNESGTA, ORDAINS: Section 1. Paragraphs 2 and 3 of Section 10 (Office Building District) of Ordinance No. 261 of the Village, as amended, are hereby repealed and rescinded. Section 2. The following new paragraphs 2 and 3 are hereby enacted, and shall take the place of said rescinded paragraphs 2 and 3 in said Section: 112. Uses Permitted within the Office Building District. "(a) Principal Uses. Buildings suitably designed may be erected, maintain:_ and used within the Office Building District for the following purposes: (1) Offices, business and professional. "(b) Accessory Uses. Within office buildings having either a gross floor area of 40,000 or more square feet or at least 200 full-time office employees, a limited amount of the ground floor area may be used for facilities providing convenience goods and/or services for the office area: occupants and their visitors. These uses shall he termed "Accessory" and shall include those listed bel(xi and any other uses whose primary function will be to supply needed convenience goods and/or services for the office building occupants. The total net floor area devoted to such accessory uses shall not exceed 10% of the gross floor area of the buildings. (1) Barber shops. (2) Book and :stationary shops. (3) Candy stores. (4) Dry cleaning and laundry receiving and pick-up stations, with processing to be done elsewhere. (5) Gift shops. (6) Office supply equipment, sales and service. (7) Restaurants, cafes, or coffee shops. (8) Telegraph or postal sub -stations. (9) Drug stores. (10) Newsstands. (11) Pipe and tobacco shops. u(c) recommendation following uses (1) (2) (3) (4) (5) (6) (7) Uses by Special Permiit. The Council, after consideration and by the Planning Commission, may issue a special use permit for th within the Office Building District: Motels and motor hotels. Mortuaries. Heliports. Multiple residence dc;ellings which of the Multiple Residence District. Hospitals. Clubs and lodges which are private Accessory buildings. conform to requirements and non-profit organizations. "3. Restrictions on Uses Permitted Within the Office Building District. The follcr4irg minimum restrictions shall apply to all buildings that may be erected, converted or structurally altered in Office Building Districts. "(a) Floor Area Ratio. The gross floor area of all buildings on a lot shall not exceed 0.5 times the lot area. "(b) Lot Coverage. Not more than 30% of the lot area shall be occupied by buildings. "(c) Building Height. Building height shall be limited to 3 stores or 40 feet above the average surrounding ground level whichever is the lesser, except that - buildings of a greater height may be permitted by the Council after public hearing and, after considering the recor andation of the Planning Commission, when in the Council s opinion, the best interests of the Village would be served by a waiver of these -l- restrictions. Upon granting such a waives, the Council may impose such additional setback requirements as it may deem appropriate. The Council may grant a height limit waiver without a public hearing when the owner of the property on which a building or a portion of a building is proposed to be erected to a height greater than 40 feet or three stories first obtains the written consent of the owners of 3/4 ;n area of the property located within 500 feet in all directions from any portion of the building proposed to be erected to a height greater than 40 feet or three stoats . "(d) Building Set Backs. (1) Front Yard. A minimum front yard setback of 35 feet shall be re- quired. adhere a front yard faces a residential district across a street, the set- back from that street shall be not less than 50 feet. (2) Side and rear Yards. A minimum side and rear yard setback of 20 feet (25 feet if abutting on a public street) or the maximum height of the building on that particular side, whichever shall be greater, shall be required. "(e) Off -Street Parking. A minimum of one off-street car parking space shall be provided on the building lot or within 200 feet thereof for each 300 square feet of gross floor area within the building. This parking area shall be surfaced with a hard, all-weather, durable, dust -free surfacing material. All open off- street parking areas shall be effectively screened by a wall, fence of acceptable design, or compact hedge along all sides which adjoin or are directly across the street from property in a residential zone. Such wall, fence or hedge shall be not less than 4 feet high and not more than 6 feet high and shall be maintained in good condition. The mall or fence shall not be used for advertising purposes. All lighting used to illuminate off-street parking areas shall be so arranged as to deflect the light away from adjacent properties in residential use. No parking shall be permitted within that portion of the required yard located between the building and a street. nor shall parking be permitted within 10 feet of a street property line. "(f) Off -Street Loading. The::e shall be provided at least one off-streef- Loading facility for an office building having a grass floor area of 20,000 to 100,000 square feet and one additional facility for each 100,000 square feet or major fraction thereof over the original 100,000 square feet. The location, design and screening of loading areas shall be subject to the same restrictions applicable to off-street parking areas. "(g) Signs. Within the Office Building District not more than one sign shall be permitted within the yards or ors the exterior of a building. The one sign permitted shall not be more than 24 squE,.e feet in area and shall be used only for the purpose of setting forth the name and/or address of the building. In those instances wherein a building is located an a corner lot, a sign as described above may be located on each of the two street frontages. Office buildings containing accessory uses permitted within this district may have additional signs affixed to the exterior of the building at the ground floc:: providing such signs do not project more than one foot beyond the face of the building. Such signs shall indicate no core than the name and type of accessory use. No signs which contain any moving parts or which change either in light color or light intensity shall be permitted within the Office Building District. Zu all other respects, the signs shall conform to the provisions of Ordinance No. 61A (Sign Ordinance) of the: Village of Edina." Section 3. This ordinance shall be in full force and effect upon its passage and publication. dk Adopted February 13, 1961. ATTEST: (Signed) GRLTCHEN S . ALDEN ( Signed) A1lTNtlR C .BFEDESEN JR,. Mayor Village Clerk -2•- ORDINANCE NO. 261-60 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING AN ADDITIONAL OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF 71W VILLAGE OF EDINA, MINNESOTA, ORDAINS: L----Section 1. Paragraph 1 of Section 10 (Office Building District) of Ordinance No. 261 of the Village, as amended, is hereby amended by adding thereto an additional subparagraph (b), as follows: (b) The south Six hundred sixty-five (665) feet of Cassin's Outlots Nos. 4 and 5, except that portion southeasterly of York Avenue extended, and except that portion within the right of way of W. 66th Street. Section 2. This ordinance shall be in full force and effect upon its passage and publication. Adopted February 13, 1961. ATTEST: (Signed) GRETCHSN S. ALDs''N (Signed) _ARTBUR C. BREDESEN. JR.. Mayor Village Clerk 0 0 0 ORDINANCE NO. 261-61 AN ORDINANCE AMENDIM ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING AN ADDITIONAL OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph. 1 of Section 10 (Office Building District) of Ordinance No. 261 of the Village, as amended, is hereby amended by adding thereto an additional subparagraph (e), as follows: "(c) The Easterly Two Hundred and Forty Feet (240 Ft.) of Block 9, Stoats Edgemoor." Section 2. This ordinance shall be in full force and effect upon its passage and publication. Adopted May 22, 1961. ATTEST: (SIGNED) ARTHUR. C. BREDESEN, JR. (Slgnec) GRETCHEF S. ALDEN Mayor Village Clerk Published in Edina-Mor:ningside Courier June 1 aud 8, 1961, E ORDINANCE NO. 261-62 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF TIME VILLAGE OF EDINA, ESTABLISHING ADDI`IIONA"L MULTIPLE RESIDENCE DISTRICT, ADDITIONAL CM4UNITY STORE DISTRICT, AND ADDITIONAL CO27MERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: O-A 1— Section 11. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub -paragraph as follows: "(j) The Westerly 200 feet of Lot 4, Block 2, Peacedale Acres." c Section 2. Section 6, Community Store District, of Ordinance No. 261 of the revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph I of said Section 6 an additional sub paragraph as follows: z- "(nn) Lots 3, 19, 20, 21, 22 and 23, Mock 3, Grandview ;2 �� Y Heights Addition." L_- Section 3-. Section 7, Coanmercial District of Ordinance No. 261 of the revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 7 an additional sub -paragraph as follows: 47(k) lots 9, 10, 11, 12, 13 and 14, Block 3, Grandview Heights Addition, and the East 125 feet of the West 280 feet of Govt. Lot 8, measured along the N. line thereof and lying N. of Eden Avenue, and that part of Govt. Lot 8 lying E. of W. 280 feet thereof and W. of Brookside Ave. and N. of Eden Ave. --all in Section 28, Township 117, Range 21." Section 4. This ordinance shall be in effect inmy--diately upon its passage and publication. Adopted this 9th day of October, 1961. ATTEST: _(Signed) AP,THUR C. BREDESE_N JR. _CSi � GIN S. ALDEN mayor Village Clerk Published in Edina-Morningside Courier October 12, 1961. ORDINANCE NO. 261-63 AI•? ORDINANCE AM LADING ORDINANCE HO. 261 ( ZONING ORD1 ,1%rCE) OF THE VILLAGE OF E DINA, ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRIC 1 TIT `IlLL-40E COUT-ICIL 017 THE VILLAGE OF EDINA, ii INVESOTA, O-iUU S: Section t. Section 4, 1-11ulLiple Residence District, of Ordinance No. 261. o- the Revised Ordinances of the Village ol" Edina, as am nded, is hereby further amer-ded by adding at the end of paragraph 1 of said Section 4 an additional Sub- paragraph as follows: "(k) Lot 3 and the West 60 Feet of Lot Block 1, Stevens First Addition.`: Section 2. This Ordinance shall be in effect imediately upon its passage and publication. Adopted this 23rd day of October, 1961. ATTEST (Sined) ARTHUR C. BUT UESEWd JRa�_ _.. (Signed) GRUCIaA_ S. %DErMayor Village: Clegg. Published in Edina-Momingside Courier November 2, 1961. E VILLAGE OF EDINA 4801 W. 50th St. Edina 24, Minn. ORDINANCE NO. 261-64 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE. OF EDINA, ESTABLISHINIV ADDITIONAL MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended, is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows: �3 "(l) Lot 7 and Southerly 5.4 Feet of Lot 6, Block 1, Nelson and Woodhull's First Addition." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. • Adopted this 5th day of February, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier Thursday, Jy Februar1962 9 u VILLAGE OF EDINA 4801 14. 50th St. Edina 24, Flinn. ORDINANCE NO. 261-65 AN ORDINANCE AMENDING OP.DINAWCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL COMMUNITY STORE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 6, Community Store District, of Ordinance No. 261 of the wised Ordinances of the Village of Edina, as mended, is hereby further amended by adding at the end of paragraph 1 of said Section 6 an additional sub -paragraph Z. as follows: G=`� 80 "(oo) Lots 5, 6, 7 and 8, Block 1, Grandview Heights and Tracts A, B and C, Registered Land Survey No. 7." Section 2. This ordinance shall be in effect immediately upon its passage and publication. Adopted this 5th day of February, 1962. ATTEST. _(Signed) ARTHUR_C. BRCDESEN, JRa ,SiD;ned) CUTCHEN S� ALDEN --- Mayor Village Clerk NOTE: THIS ORDINANCE WILL NOT BE PUBLISHED, &I D WILL THEREFORE NOT DF.COME EFFECTIVE, UNTIL BILIMORE 140TOR HOTEL CORP, HAS MET CERTAIN CONDITIONS AS SET FORTH BY THIS VILLAGE COMiCIL ON FEBRUARY 5, 1962. SEE PACE 23, MINUTE BOOR 25. GSA 0 ORDINANCE 110. 261-66 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING_ADDITIONAL MULTIPLE RESIDENCE "DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 of the Revised Ordinances of the Village of Edina, as amended is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows: "(m) Lot 2, Block 1, Clifton Terrace." Section 2. This Ordinance shall be in effect immediately upon its passage and• p lug `leation. • Adopted this 26th day of March, 1962. ATTEST: v gned) ARTHUR C. BREDESEN ��S Wined) GRETCHEN S , AL_DEN_ (SiMayor Village Clerk Published in Edina-Morningside Iburier Thursday, March 26, 1962. is ORDINANCE NO. 261-67 AN ORDINANCE CREATING AND. REGULATING A PLANNED INDUSTRIAL DISTRICT, AMENDING THE ZONING ORDINANCE OF THE VILLAGE. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. The following -sections of Ordinance No. 261 (Zoning Ordinance) of the Village, as amended, are hereby renumbered as follows: Section 11 (Special Permits for Particular Uses) is renumbered Section 12; L.-- Section 12 (Definitions) is renumbered Section 13; and Section 13 (Administration) is renumbered Section 14.E Sec. 2. Section 2 of said Ordinance No. 261, as amended, is hereby further amended to read as follows: "Section 2. 2tricts Established. "For the purposes of this ordinance, the village shall be divided into the following districts, and the uses of structures and lands, the height of buildings and the area of premises for buildings are to be uniform in each district, except as special use permits may be required under Section 12 of this ordinance and special restrictions imposed thereby: Open Development District (Section 3). Multiple Residence District (Section 4). Automobile Parking District (Section 5). Community Store District (Section 6). Commercial District (Section 7). Regional Shopping District (Section 8). Regional Medical District (Section 9). Office Building District (Section 10). Planned Industrial District (Section 11) The boundaries of said districts shall be as further provided herein. No building shall be erected or premises used for any purpose unless in compliance with the use, height, area and other regulations and restrictions prescribed for the district in arhich such building or premises is located." Sec. 3. Said Ordinance No. 261 is hereby amended by adding thereto a new Section 11, reading as follows: Section 11. PLANNED INDUSTRIAL DISTRICT 1. Obiectives of Planned Industrial District, The purpose of this section establishing the Planned Industrial District is to provide regulations, controls and standards for the orderly development and maintenance of permitted uses therein which will be complementary to and compatible with the predominantly residential character -1- of the Village of Edina; to fortify and preserve to the citizens of the Village the full use, benefit and enjoyment of their homes and property; to insure to thA owners and occupants of permitted uses the full use, benefit and prestige of a Planned Industrial District of exemplary standards in selected areas deemed especially adapted by reason of surroundings, transportation facilities and other factors to such land use; and to enable the District to make its fair and continuing contribution to the general welfare of the Village of Edina and its neighboring communities, 2. o� ncta��` �'s _g tinned Jndustrial District The boundaries of they Planned Industrial District shall include the following lands-, 3� SReci.fic Uses P2Mitted_i District, (a) Principal Uses In the Planned Industrial District no building or land shall be used and no In shall be erected, structurally altered, converted or enlarged except for the following principal uses: (1) Manufacturing, compounding, processing, packaging, treatment and assmmbly of products and materials, (2) Scientific research, investigation, testing or experimentation, (b) Accessory Uses, In addition to those subordinate uses which are clearly and customarily incident to the principal. uses, such as parking lots and off- street loading facilities, the following additional accessory uses will be permitted on the lot occupied by the principal use: (1) Personnel service facilities providing personal services, education, recreation, entertainment, food and convenience goods to only those personnel employed for the principal use. (2) Warehousing of products manufactured on the premise of the principal use. (3) warehousing of products not manufactured on the premise of the principal use, provided that the gross floor area used for such warehousing shall neither exceed twice the gross floor area of this principal use, nor ocsaupy a total floor area of more than 10,000 square feet. (4) Office and administrative facilities, 4, Mini„mum Area ReauirementEvery application for Planned Industrial District zoning shall encompass a tract of not less than 80 acres in single owner- ship or under unified control regardless of the total area of the proposed Planned Industrial District itself, These requirements may be waived where the tract is contiguous to an existing Planned Industrial District or cohere the tract has an area of not less than ten acres and is to be used as the site for a building or group of buildings all occupied by a single tenant, . 5� Procedure for Planned Industrial District Zoning and subsequent oFa ve loumento (a) AR►��at,o s An application, for rezoning from any zoning district to Planned Industrial District shall be filed in duplicate with the Planning Corimiss,ion, upon forms made available for that purpose, by the owner or WPF_ owners of the entire land area to be included within the application area. . (b) Overall Development Plan, Every application for the establishment of a Planned Industrial District shall be accompanied by the following documents which, in their entirety, shall constitute an Overall Development Plan for the property described in the application: (1) A boundary survey and legal description of the entire tract covered by the application, prepared by a registered land surveyor. (2) A land use plan prepared by a person trained or experienced in land use planning. The plan shall be to scale and shall show the following: a. The relationship of the application area to surrounding properties, section lines, and other existing features such as streets and highways, buildings, railroads and utilities. b. The alignment and functional classification of all proposed streets c� The alignment and characteristics of all proposed railroad facilities,, d. The dimensions and areas of all blocks. e. The arrangement and extent of all land use classifications, zoning districts, and conditional use locations. (3) A preliminary layout of all proposed watermains, sanitary sewers and storm drainage facilities, together with profiles and typical design cross -sections for all street roadways, and a general overall site grad- ing plan, including arrows indicating direction and destination of surface drainage. Such layouts, profiles, design cross -sections, and plans shall be prepared by a registered civil engineer. (4) Copies of all proposed protective covenants, and any provisions for associations of individual owners. (5) The names and addresses of all persons holding fee title to the entire land area included in the Overall Development Plan as well as the names and addresses of all persons engaged in developing and managing said plan. (6) The owners or developers contemplated development schedule, (7) The description and estimated construction cost of all street, sanitary sewer, storm sewer and watermain improvements proposed to be installed under the special assessment procedure established in Ordinance No. 263. (c)ounciIc ion. The Planning Commission shall forward the application and its reco*miendation to the Village Council, Upon finding that • (1) the contemplated development will constitute an industrial develop- ment of sustained desirability and stability, (2) it will be in harmony with the character of its environment and consistent with long-range comprehensive plans for the Village, -3 (3) it will not result in an overintensive use of land, • (4) it will not result in undue traffic congestion or traffic hazard, (5) sufficient space is provided for landscaping and buffer zoned, and (6) the development conforms in all respects to the provisions of this Section, the 'Village Council may establish a Planned Industrial District on all or any of the property included in the Overall Development Plan. The Overall Development Plan as approved, together with such covenants, deed restrictions, reservations, controls, variances or conditional use permits as may be attached to it, shall become a part of the official filed of the Village. (d) pevelo®ment. (1) Corn2xanee wall The development of the Planned Industrial District shall be in full compliance with the approved Overall Development Plar. flodifications to that plan will be permitted only if the Overall Development Plan is amended to the . extent necessary to accommodate the desired modification. The procedure for obtaining such amendment shall be the some as that prescribed for obtaining %oning variance, ( 2 ) ,ubdiyision of Land Repaired Imurovgmenta The subc,ivision of land zoned Planned Industrial District shall be subject to such require- ments for approval and recording as have been established by Ordinance No- 263, (3) �3l in p ,r Applications for Building Permits shall be reviewed and approved by the Village Council before being submitted to the Village Building; Inspector. Such applications will be examined to determine if they conform to the provisions of the approved Overall Development Plan and to the provisions of this ordinance. The following information, as appropriate, shall be submitted to the Village Council with ,any building permit applicationz a. Preliminary plans, elevations, sections and specifications of materials and structural systems for the proposed build- ing or buildings, prepared by a registered architect. b,. A site plan for traffic engineering analysis, showing location and design of buildings, driveways, driveway intersections with streets parking arras, loading areas, maneuvering areas and sidewalks. • c. A site grading plan and planting plan,, including screen walls and fences, for analysis of adequacy of surface drainage, erosion control,; visuals. screening, and land- scape design, d. A site plan showing utilities and utility easements, e,, An estimate of the maximmm number of persons to be employed on the site and the timing of work shifts. f. Plans for all signs to be erected, including details of sign location, design, size, color and lighting. g. A description of proposed operations in sufficient detail to enable the Village Council to determine if the proposed land use is within the uses permitted in the Planned Industrial District. h� A description of proposed operations in sufficient detail to permit judgment of the extent of any noise, odor, glare, vibration, smoke, dust, gases, or liquid wastes that may be created, i. Engineering and architectural plans for the solution of any problem indicated by item (h) above, including the necessary plans for compliance with the performance standards contained in this ordinance. j. Any other information required in order to ensure compliance with the requirements contained herein. Upon approval by the Village Council, the building permit application • shall be submitted to the Village Building Inspector who shall process the permit in conformance with the Village of Edina Building Code Ordinance No. 51A, The application submitted to the Village Building Inspector shall include complete and final plans. elevations, sections and specifications of materials and structural systems for the proposed building or buildings, prepared by a registered architect which shall conform with the preliminary plans approved by the Village Council. 6. R rioctions. Controls and Design Standards. (a) 1idual Features. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be considered as "excessive" when they either exceed or deviate from the limitations set forth in the following performance specifications: (1) N ,eg Noise shall be measured on any property line of the tract on which the operation is located, Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table I herein. The sound pres- sure level shall be measured with a sound level meter and on an associated octave band analyzer, both of which are manufactured according to current specifications prescribed by the American Standards Association. Measurement shall be made using the flat net work of the sound level meter, y1_ TABLE T • Octave Band Fr e Wengy (Cycles For Second) Decibel Level 20- 75 H O 4 4 O O O 4 65 75- 150 r o . . . . c a . e 60 150- 300 a o e o. o e, c. 55 300- 600 ,. f, 46 600- 11200 e, e e e e e. 40 1,200- 2,400 a e. H e a 34- 29400- 41800 31 over 4,800 n a. a o e e o e . 28 (2) Vibration. No activity or operation shall at any time cause earth vibrations preceptible beyond the limits of the immediate site on which the operation is located„ (3) Dust and Dirt; Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the con- veying gas or air. For measurement of the amount of particles in gases result- ing from combustion, standard corrections shall be applied to a stack tempera- ture of 500 degrees Fahrenheit and 50% excess air. (4) Smoke. Measurement shall be at the point of emission. The Ringel.man Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No., 1 of said chart may be emitted, provided that smoke not darker or more opaque than No,, 2 of said chart may be emitted for periods not longer than four minutes in any 30 minute period, These provisions, applicable to visibl,. grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity,, (5) Odore No activity or operation shall cause at any time the dis- charge of toxic., noxious or odorous matter beyond the limits of the immediate site where it is located in such concentrations as to be detrimental to or den endanger the public health, welfare, comfort or safety or cause injury to property or business. (6) lare, Glare, whether direct or reflected, such as from spot lights or high temperature processes, and as differentiated from general illu- mination, shall not be visible beyond the limits of the immediate site from which its originates, (7) JJ=es, All solid waste material, debris, refuse or garbage shall be kept within a completely enclosed building or properly contained in a closed container designed for such purpose, AY-1 liquid wastes containing any organic or toxic matter shall be discharged either into a public sanitary sewer or treated in a manner prescribed by the Village Health Department. The rate of liquid waste discharge into the Village sanitary sewerage system shall not exceed 200 gallons per site acre per hour between the hours of 9 AoMe and noon., In order to assure compliance with the performance standards set forth above, the Village Council may require the owner or operator of any per- mitted use to have made such investigations and tests as may be required to show adheren a to the performance standards, Such investigation and tests as are required to be made shall be carried out by an independent testing OrLyzaizatial, ar, may bo ag"reed U-pon by all -I -pa-It-ics Concernedo or if there.jis failure to agree, by independent te-sting organIzation as may be selected PFPPPP by the Council after 30 days notica. The costs 1. . neurred in having such investi- • gations off'' tests conducted shared equally by the osx�er or oprator and the Villar, n,, unless the investigation zind t"ests disclose no;" eca.mplIance with the performt ance standards, in z&Aich event the ea'Urn- in vest igat ion or testing cosic shall he paid by thIct or operator� procedure abovc stat;:­d shzVk nct- -.,clude the g any tests and invest!gat-3 ons it iinds ap1_",rcP-_,,J1F,_'ta to determine compliance these perfor-mance standavds. ( ej * p's b) -Frx? Totn and M (1) j,_otPxi;j,, 113.ach individual lot-, tract or parcel silnil jj�ve a-sl areE Of not less than two acres. (2) Eech in,62ividual. shall lnzve -3 gross floor area (not of nc'-6 than 3.5tOOO sq. fGat. (3) T.Not more than 3C% of the total area of any lott ng ru Bract op parcel shall be covered by bn1ld_­_,s o r st ctures. C) !A ill-, �L!�' i avt rd get Bnnk Z I I 11all n —r-11' 12:;�z Buildir_-,, height S110-1, be limited to three stories G'r 40 abol-'n the zvezrage s=n-cv.ndinv ground lav rc , whichever is the lesser, that Lisp dings o_f' :? greatcz- height way be paymitt�� ' d • by the Council after Public hearir'u,, wh= in the Councilts Onin"Lon the host 771tel�asts of the Village would he served by a waivo_- of-t-hase Upon g-',anting such a o1niver, the Council may 16"$Poss setback nevirarndTly":S as 1'c may dear., appropri-ates (2) A13. must be szt,! Each at !.east ';is feat from the -,iav of any highway or stpaet !'Y'Mch has ibe-en cosig ato6L­u,1 ts'd access, freeway or '-1:z PT 1-.,-ay; and EZ .fit eil.- frCra tlnosa as thoraug'hfares, minor or sacondz'a­Y nlct-.S. Whera the District M"Dutd ov adicins a residential dist-Ic-14" :,_,.cr�oss the streete there .shall ld�ng CC` ha"Ic frOm tKsl, of not, less than 75 fcc­'_i R Ox, stziuctu�-i�' Shall be 01'ect'ad C"3i any lot, turz.'V'41- ciP 30 faea of ths 1"Gy_ir i;oa-- ardyc u <5 ysidn property lUne, tnsn a eciva). to orme tl1mas the avarage building ht. lad'u-1-ns a rassidentia�l c"ll s,tPi-ct , ti,,-a sieie or Y.� -If he 11rot 11ass' 1-han 100. _faet. 01. sufficient S; add ;sxsployn:-�!s shal.t t-hs PL­aYL'L_'-_-eS oiC��"z�% U8�9. be suzlaced w On I' dn' !L-8- b I du E�t-'P_-s'n �IuT_­f� C' _11n -445ateli�_'L �_­d shall be pope--oly djomjj�tj Y no PGrk-Ing area Shaii occupy located CIOSS11% -7.. 1PPPPP than ten feet to a side or rear lot line, nor closer than ten feet to any building. Each parking space shall have a minimum with of 8-1/2_ �� feet and a minimum depth of 19 feet exclusive of aisles and maneuvering space. A 11 parking areas containing more than six spaces which face either a public street or residentially zoned property shall have a solid wall or fence of not less than four feet nor more than six feet in height along such facing. Such fences or walls shall be so designed that they are architecturally harmonious with the principal structures on the lot. A screen planting approved by the Village Council may be substituted for the required wall or fence. The minimum number of required off-street parking spaces shall be as follows: (1) Manufacturing., One off-street parking space for each employee on the major shift, or one space for each 300 square feet of floor area, whichever is greater, plus one space for each company vehicle. (2) Off -maces. One off-street parking space for each 250 square feet of gross floor area within the building. (3) apseamch Laboratories. One off-street parking space for each employee on the major shift or one space for each 500 feet of floor area, whichever is greater. (4) &rPhhonaIDE,, One off-street parking space for each 1.5 employees on the major shift or one space for each 2000 square feet of gross floor area, whichever is greater, plus one space for each company • motor vehicle. (e) Loading Facilities. (1) AIa0unt Reauireds All buildings shall be provided with loading facilities for supplies and services sufficient to meet the requirements of the use which is made of it. A required truck loading berth shall be not less than ten feet in width, 50 feet in length and 14 feet in height, exclusive of aisles and maneuvering space. (2) �ocation. No loading facility shall be permitted on any street frontage nor within the limits of areas established by setback or yard requirements. Such facilities shall not be visible from contiguous residential property. 'truck loading facilities shall be surfaced with a hard, all-weather, durable, dust -free surfacing material, properly drained and maintained in a -,tightly and well - kept condition. (f) ga . All raw materials, supplies, finished or semi -finished products and equipment shall be stored within a completely enclosed building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permitted parking lot areas. . (g) A-u s a_piinc. All open areas of any site, lot, tract or parcel shall be graded to provide proper drainage, and except for areas used for parking, drives or storage, shall be landscaped with trees, shrubs or planted ground cover. Such landscaping shall conform with the planting plan approved by the Village Council at the time the building permit was issued. It shall be the -8- owner's responsibility to see that this landscaping is maintained in an attractive and well kept condition. All vacant lots, tracts or parcels shall also be properly maintained. (h) .&1gM,. No sign, other than one facing each public street and setting forth the name and/or insignia of each permitted use, shall be permitted on any site within the Planned Industrial District. The permitted identifi- cation sign shall not exceed two square feet in area for each 1,000 square feet or major fraction thereof of gross building floor area on the site, nor shall it exceed a maximum sign area of 80 square feet. Any such sign may have an area of 32 square feet. Such sign, if attached to a building, shall not extend above the roof or coping of the building. The maximum height of any sign not attached to a building shall be the same as the height of the principal structure on the same building site. The permitted identification sign shall not be placed closer than 25 feet to any street right-of-way line, nor closer than 10 feet to any side or rear property line. Necessary direction signs of not more than 2 square feet shall be permitted. No sign shall contain any moving parts nor shall any sign fluctuate • in either light intensity or color. U) AUiJ&g_Desipn and Construction, In addition to other restrictions of this Ordinance and of Village of Edina Building Code Ordinance No. 51A, the use, construction, alteration or enlargements to any building or structure with the Planned Industrial District shall meet the following standards: (1) :.All exterior wall finishes on any building shall be: a. Face brick b. Natural stone c. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture. d. Factory fabricated and finished metal framed panel construction, if the panel materials be any of those noted in paragraphs la, lb, and lc above, glass, prefinished metal (other than unpainted galvanized iron), or plastic. e. Other materials as may be approved by the Village Council. Combinations of such materials shall, be permitted. (2) All subsequent additions and outbuildings constructed after the erection of an original building or.;bui�!dings shall be constructed of materials comparable to those ust;e3 in the original construction -9- • and shall be designed in a manner conforming with the original architectural design and general appearance, (3) No building or structure of a temporary character, trailer, basement, tent or shack shall be constructed, placed or maintained upon the property except as accessory to and during the construction of permanent buildings. Sec. 4, This ordinance shall be in full force and effect forthwitt, upon its passage and publication. Adopted this 23rd day of April, 1962. ATTEST: (Signed) ARTHUR C, BREDESEN, JR. (Signed) GRETCHEN S. WEN Mayor Village Cler-W7— Published in Edina-Morningside Courier May 10, 1962. ORDINANCE NO. 261-69 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4, Multiple Residence District, of Ordinance No. 261 L5 the Revise Ordinances of the Village of Edina, as amended is hereby further amended by adding at the end of paragraph 1 of said Section 4 an additional sub- paragraph as follows: "(n) The Westerly 156 Feet of that tract of land known as Parcel 5800, Section 30, Township 28, Range 24, described as 'Com. at NW Cor. of Peacedale Acres; th. W. to a pt. 856-5/10 Ft. E. from NW Cor. of NE 1/4; th. S. 334 Ft.; th. E. to W. line of Peacedale Acres; th. N. to beginning'." Section 2. This Ordinance shall be in effect immediately upon its passage and publication. Adopted this 25th day of June, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier July 5, 1962. ORDINANCE 1%JO- 262 QJ 01 1 E USE OF L0TD IN THE VILITIGE R1)11,JI!I,TCE REGULATING MH FOR IIIIINiDITG, STIRIPPlING AND F-�-MACTIIOIN KMRPOsEs. I'-'HERBA3, Cormercinl e-xcavatiing and stripping operations are now being and fbr some t:LTe have been conducted in certain places in the Village, in order to remove frog the ground. large quantities of black dirt, sand, gravel and other minerals or substances on, in or under such places, and such places -vahere such 0-pera;tions have been and are being conducted are situated in the 110-pen Devc-,lopmen-t Distric", district - LO of the Villages being a .I -strict which on Tfa.jr 28, 1931 vao by a duly adopted ordinance zoned for eXclus.-O%rely rer-.0de-) J-1 purpoz;.Or - 1 -1. , and such places are near residential areas in neighboring mun-icipalitieas eand such operations arc L11horeitly accompanied by noise and dust, often create hazardous conditions, &-id usually result in lasting disfigurement of the places where they are carried on, 01L�d thus --end to interfere with the "zisting reoiden,'Cial uses in nearby areas, and to discourage furt.`aar perma- net residential developrent of the surroundi*ng Properties, and to diminish the public health, safety and general welfare, and 11h;-MEAS, it is therefore desirable to prevent the further extension of such 9 i�-, � I excairatin and stripping operations in the Village, and to control existing operations, all by means of the po-v:er Lgrarilted to the Village Council in 1"LI-ru-I0s0t`I Statutes, Sec. 412.221, Subd. 29, to regulate by ordinance the uses of lmad in the Village for various purposes TI—EEFC-FLE9 THE VILLAGE COUNICIL OF EDINA, MINNESOTA,, ORDAINS AS FOLLOI,,,7S: Forbidden. No person shall, for the purpose of sale thereof, S.L-,*,g —,4r--L,,, ul :1 or m�Jne black dirt, sand, gravel or other minerals or substa-nc,vs er I= on, in or under ariy lands in the Village,, except in those areas horeinafter designated as "T&nporary Excavation Districts",, and subject to the restrictions hereinafter pre -scribed. Section 2, Excavation Districts Created. The follov.-Ing areas are hereby designated as "Temporary Exca-ration Districts": Area No. 1. The S'Iv,1114 of the I'MIA of Section 31, Towi-iship 28) Range 24; and. The NMV4 of the SIW4 Of Section 31s Township 28, ILange 24. Area No. 2. All of the Si A Of section 31, Tounship, 28$ Ran e 2-4; and the East 3/4 of the South 1/2 of the NE-1 4 of Section 31, Township 28p Range 24. Area NO. 3. All the area within the follouring boundaries: "Commencing On the centerline of W.70th Street and a Point located 165 feet west of the centerline and centerline extended of York Avenue South; thence south parallel to York Avenue South to the south limits of the Vill-age of Edina; thence west along the South Vill-a,,f;-e Limits to the centerline of France South., thence north along the centerline of France South to the centerline of 1-7-70th Street; thence east along the centerline of W-70th Street to the point of beginning.,, 2 -2 3 3-) 01RDE,11ANICE 110. 262 - Page 2, Section 3. Termination of Excavation. 11henever activities such as described in Section 1 of this ordinance have riot been continuously carried on in an area designated as a Temporary Excavation District for a period of not less than 2 years, such area shall cease henceforth to be so designated, unless such suspension of act_i--;-i+.ies was caused by Act of God, labor dispute, or war emergency. Only the uses pen-nitted for such area by Ordinance No. 261 of the Village shall be lawfull therein, i,.rhen such area has ceased to be designated as a Temporary Excavation District. Section 4. Conditions of Operation. Any person carrying on the activities described in Section 1 of this ordinance shall conduct them subject to the following restrictions: (a) He shall comply with any pro-vrision of Ovdinance No, 56 of the Village which may be applicable. (b) He shall at all reasonable tunes permit the Village Engineer or any assistant of the Village Engineer to enter upon any premises where such activities are being conducted., for the purpose of making inspection to enforce this ordinance. (c) He shall not excavate in any place to a depth lower than the nw--dinom de �thwhich the Council may determine- on recoirmnendation �-I n view of of the V-Lll:�.Ze 'A"IngLieer, to be desirable in place L general health and safety conditions, drainage requirements, and eventual use of such place for residential or commercial construction. SectIon 5. Revocation of Permit. For failure to comply -;,rlth the requirements of this ordinance, the Council may revoke any permit issued under Ordinance 0* 56* Section 6. Violation a Nuisance. Any excavating activities conducted in violation of this ordinance are hereby declared to be a public nuisance, and may be abated in a ei-v'I action for an injunction brought by the Village. -- Section 7. Violation a Any violation of this ordinance shall constitute a misdemeanor, punishable by imprisonment for not more than three months, or a fine of not more than MOO. Section 8. Effective Date. This ordinance shall become effective immediately upon its passage and publication. Adopted this 27th day of Decemberp 19546 (Signed) REUBEN F. ERICKSON ATTEST: Mayor Signed) EVALD G. BANK Village Clerk Published in Edina-Morningside, Courier January 6 and 13, 1955. 0 ORDINANCE NO. 262-1 AN ORDINANCE APPENDING ORDINANCE NO. 262, REGULATING THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL. TEMPORARY EXCAVATION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2, (Excavation Districts Created) of Ordinance No. 262, "An Ordinance Regulating the Use of Land in the Village for Mining, Stripping and Extraction Purposes," is hereby amended by adding at the end of said section the following: "_'Area No. 4. That part of the South One Thousand Eight Hundred and Fifty-nine (S. 1,859) Feet of the East One-half (81/2) of the Southeast One -quarter (SE1/4) of Section Eight (8), Township One hundred and Sixteen (116), Range Twenty-one (21), lying East of the Minneapolis, Northfield and Southern Railroad right-of-way". Section 2. This ordinance shall be in effect immediately upon its passage and publication. Adopted this llth day of July, 1960. ATTEST: (Sid) Sig ned) ARTHUR C. BREDESEN, JR. gne_ Mayor ~— Village Clerk Published in Edina-Morningside Courier July 28 and August 4, 1960. 0 ORDINANCE NO. 262-2 AN ORDINANCE AMENDING ORDINANCE NO. 262, MMLATING THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING AND EXTRACTION PURPOSES, By ADDING AN ADDITIONAL TEMRARY EMAVAT'ION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section I. Section 2, (Excavation Districts Created) of Ordinance No. 262, "An Ordinance Regulating the Use of Lane in the Village for Mining, Stripping and Hxtraction Purposes," as amended, is hereby further amended by adding at the and of said section the following: "Area No. 5. All that area within the following described boundaries: 'CO=Bncing at Southwest Corner of SWI/4 of SE1/4; th. E. 500 Ft.; th. N. 400 Ft.; th. W. 500 Ft.; th. S. 400 Ft. to the pt. of beginning, -All in Sec. 31, Twp. 117, R. 21." Section 2. This ordinance shall be in effect immediately upon its passage and publication. Adopted this 9th day of January, 1961. ATTEST: (Signed) ARTHUR BR6DESEN JR. Signed) GRE1�i�EN S. AI.DEN Village Clerk Mayor Published in Edina-Morningside Courier January 19 and 26, 1961. 0 ORDINANCE NO. 262-A AN ORDINANCE REGULATING THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING, EXTRACTION AND EXCAVATION PURPOSES, AND REPEALING ORDINANCE NO. 262 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. F' L.4e. Commercial mining, ;stripping, e.,.tracting and excavating activities are now being and for some time have been conducted in certain places in the Village, in under to remove from the ground black dirt, sand, gravel and other minerals or substances existing on, in or under such place. Such acts are inherently accompanied by noise and dust, often create hazardous conditions, and usually result in lasting disfigurement of the places where they ai7e carried on, and thus tend to interfere with the existing land uses in nearby areas, and to discourage further permanent development of the surrounding properties, and to impair adequate planning for municipal develop- ment, and to diminish the public health, safety and general welfare. It is therefore desirable to regulate both existing operations and any further ex- tension of such mining, stripping, extraction and excavation operations in the Village, all by means of the power granted to the Village Council in Minnesota Statutes, Sec. 412.221, Subdivisions 23, 24, 29 and 32, to regulate by ordi- nance public nuisances, noise or other disorder and uses of land in the Village for various purposes, and to provide for the good order of the Village and the general welfare of the public. . Section 2. Extract1on Eorbiddq_n. No person shall mine, strip, exca- vate or otherwise extract or remove black dirt, sand, gravel or other minerals or substances existing on, in or under any lands in the Village, except in those areas hereinafter designated as "Temporary Excavation Districts", and subject to the conditions and requirements hereinafter prescribed. Section 3. Creation_and Termination of Excavation District. (a) Excavation Districts Created. The following areas are hereby de- signated as Temporary Excavation Districts: 0 Area No. 1 - The SWf of the NW14 of Section 31, Township 28, Range 24; and the NWf of the SWJ of Section 31, Township 28, Range 24. Area No. 2 - All of the SEi of Section 31, Township 28, Range 24; and the East 3/4 of the South j of the NEJ of Section 31, Township 28, Range 24. f.rea Nu. 3 - All the area within the following boundaries: "Commencing on the centerline of West 70th Street and a point located 165 feet west of the center- line and centerline extended of York Avenue South; thence south parallel to York Avenue South to the south limits of the Village of Edina; thence west along the South Village Limits to the centerline of France South; thence north along the centerline of France South to the centerline of West 70th Street; thence east along the centerline of West 70th Street to the point of beginning." Area No. 4 - That part of the South One Thousand Eight Hundred and Fift -nine (S. 1,859) Feet of the East One- half (E.�) of the Southeast One -quarter (SEV of Section Eight (8), Township One Hundred and Six- teen (116), Range Twenty-one (21), lying East of the Minneapolis, Northfield and Southern Railr-�?d right-of-way. Area No. 5 - All that area within the following described boun- daries: "Commencing at Southwest Corner of SWJ of SEJ; thence East 500 Feet; thence Nothh 400 Feet; thence West 500 Feet; thence South 400 Feet to the point of beginning" - All in Section 31, Township 117, Range 21. I* (b) Application - He�. ,LjDq. No area shall hereafter be deaignat�d o Temporary Excavation District and, except as provided in Nara• g.raph5 ( ) and (d) of this Section, no Temporary Excavation Dis- trict shall cease to be designated as such. except after a public hearing and upon two-thirds affirmative vo.e of the Council. The council may fix a date which shall not be less than ten days ,r more than thirty days away fur a hearing upon the subject of such designation. Notice of such meeting and proposed designation shall be posted in at least three conspicL)ous public places in the `tillage. At the time and place fixed in +;he published and posted notice, the council shall hear all object.ons and recommendations relative to designation or repeal of designation as a Temporary Excavation District. Any person or persons proposing ox recom- mending the designation of an area as a Temporary Excavation Dis- trict :hall submit to the council, prior -to their initial consid- eration of such proposal, a written legal description and a bound- ary survey of the area proposed to be so designated. The required boundary urvey shall be prepared by a registered land surveyor or engineer c ? Trmin�he District,a Areas designated a:� Temporary Excavation Districts pursuant to the provisions of paragraph (b) of this Section may be expressly designated a; su:.th fur a certain term or period cf time, after which time the area shall cease henceforth to be so designated, without further action or prus.eedings. Nd) Termination of A.c ivities. Whenever activities such as described in Section 2 of this ordinance have not been continuously conducted in an area designated a:& a Temporary Excavation District for a per- iod of not less than two years, such area shall cease henceforth to be so designated, unless such suspe+tsion of activities was caused by an Act of God, labor dispute, or war emergency, (ex Ules afte_r__Cesionation Cea g, When any area has ceased to be dE signated as a Temporary Excavation District pursuant to the pro- visions of paragraph; (b)„ (c) and (d) of this Section, only the uses permitted fur such area by Ordinance No. 261 of the Village :shall be lawful therein. Section 4. Permit for Activfrie Any person performing any of the acts described in Section 2 of this ordinance shall make application for and obtain from the Village Council, a permit for performinq any of the acts de- scribed in Section 2. (a) 6pplication. Application for such permit -shall be made in such form, and the applicant shall furnish such information, as shall be *equired by the council, and among other things shall include: (1) The true name and address of the applicant; (2) The period of time for which the permit is requested; -2- . (3) A description of the Temporary Excavation District in which the applicant intends to conduct the activities for which the permit is requested, or if such activities are intended for legs than the entire area of a Temporary Excavation Dis- trict, a full description of such area; 4,) The estimated quantity of materials to be mined, stripped. excavated or otherwise extracted or removed frum the area for which the permit is requested; (5) The current plan-- of the applicant for the present and future development of the area for which the permit is requested; (6) The locations of public road access and egress to and from the excavation district and the anticipated primary routing of all vehicles hauling extracted material within one-half mile of the district. (7) A land survey of the existing topography in the area for which the proposed permit applies, and an additional land sur- vey of the proposed finished topography of such area after the completion of activities to be conducted pursuant to the re- quested permit. The required land surveys -shall be prepared by a registered land surveyor or engineer, shall be drawn to a scale of not more than one hundred feet to an inch, and shall be drawn with contour intervals of not more than ten • feet; (8) A fee of $25, payable to the Village, shall accompany each application. Such fee shall be non-refundable. r 1 U Such application snali be filed with the Village Manager at least ten days before the regularly scheduled meeting of the Village Council at which the application is to be considered. (b) Review by CoungLL.. The council may approve the proposed finished topography survey, or may reject the proposed survey and establish, on recommendation of the Village Manager, the grades, elevations and topography that are necessary and desirable in the surveyed area, in veiw of general health, welfare and safety conditions, drainage requirements, and eventual land use of such place. When any Temporary Excavation District includes natural slopes with more than a five foot vertical rise for each one hundred feet of hori- zontal measure, in no case shall a permit be granted or proposed finished topography survey approved, which would result in diminish- ing the grade of such slopes below said rise of five vertical feet for each one hundred feet of horizontal measure, except that Council may modify this slope in those instances where land new or hereafter is zoned for uses other than residential. -3- Section 5. Du ie, of PermjU, — Every permittee under this ordinance . shall: (a) Finished Tv o r.gphy. Maintain grades and elevations fully con- sistent with the finished topography survey submitted with an application for a permit pursuant to Section 4 of this ordinance, and as approved by the Village Council, except that variance in the finished topography shall be permitted if no more than two feet over or under elevations established by the approved finish- ed topography survey, and occurring in no more than twenty-five per cent of the area of the Temporary Excavation District in which the activities are conducted. (b) Maximum Qjpth. Not mine, strip or excavate in any place to a depth lower than five feet below the grades and elevations es- tablished in the approved finished topography survey, nor perform any acts that disturb or displace the ground below such levels. (c) Slooed Banks. Slope all banks, and otherwise properly guard and keep any mine or excavation in such condition as not to be danger ous from caving or sliding banks. (d) Drainage. Properly drain, fill in or level any mine or excava- tion, after it has been created, so as to make the same safe and healthful as the council .shall determine. (e) Crushing Activities. Conduct no activities of Crashing gravel, rocks or any other materials or substances without first receiving the expressed consent of the Village Council. (f ) FgnL-s. Properly fence any mine of excavation. (g) Transportation of Materials. Use only these locations of public road access and egress and primary hauling routes within a half - mile of the Temporary Excavation District as approved by the Vil- lage Council. (h) PrUQre U SuryeYS. nrpnare and submit progress surveys of current ground elevations, upon the request of the council pursuant to the council°s determination that the conditions within a Temporary Ex- cavation District require a survey of the progress of extraction activities therein. (i) Ins,pe=ion. At all reasonable times permit the Village Manager or any assistant of the Village Manager to enter upon any premises where acts described in Section 2 of this ordinance are being pei formed, for the purpose of making inspection to enforce this or- dinance. W B-or . When required by the council, post a bond, executed by a corporate surety company authorized to do business in the State of • Minnesota, in such form and sum as the council shall determine, and conditioned upon raising grades, elevations and topography of a 'Temporary Excavation District to the levels established in the finished topography survey submitted and approved pursuant to -4 ppp"- Section 4 of this ordinance, and upon payment to the Village of all fees, fines and penalties required by this ordinance. tkj Li -ability Tnuzanc. File with the Village Manager a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minne- sota. The policy shall insure the person performing acts describ- ed in Section 2 of this ordinance and the pillage of Edina as an insured, in the sum of at least $25,000 for injury to one person, and $50,000 for one accident, and at least $25,000 property dam- age or in such other amounts as the council shiAll determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this ordinance, or such time as the area ceases to be designated as a Temporary Excavation District, which- ever shall occur first. Section 6. WithholdinQ_of Permits. For failure to comply with the requirements of this ordinance, the council may withhold or revoke any permit proposed or issued pursuant to Section 4 of this ordinance or Ordinance 56, and may withhold approval of any land subdivision, rezoning plan or building permit. Section 7. Violation a Nuisance. Any mining, stripping, extracting or excavating activities conducted in violation of this ordinance are hereby de- clared to be a public nuisance, and may be abated in a civil action for an in- junction brought by the Village. Section 8. Violation a Misdemeanor. Any violation of this ordinance • shall constitute a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100. Time is not an essential character- istic of any offense under this ordinance, and each act performed without com- plying with all restrictions and requirements of this ordinance shall constitute a separate offense. Section 9. Bgpeal. Ordinance No. 262 of the Village is hereby repealed upon the date this ordinance becomes effective. Section 10. Effective Date. This ordinance shall become effective im- mediately upon its passage and publication. Adopted thit; loth day of July, 1961. JSiQned) W. N. Dickson _ Mayor Pro Tem Attest: Sign dam) Gretchen S. Alden Village Clerk Published in Edina-Morningside Courier__JUIV 13 _ - 9 1961. ,:,5 4 ORDINANCE NO. 262-3 M ORDINANCE AMENDING ORDINANCE DIO. 262,REGb-LATING THE USE OF LAND IN THE VILLAGE FOR MINIM, STRIPPING AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL TEMPORARY EXCAVATION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2, (Excavation Districts Created) of Ordinance No. 262, "An Ordinance Regulating the Use of Land in the Village for dining, Stripping and Extraction Purposes," as amended, is hereby further amended by adding at the end of said section the following: "Area No. 6. 'That part of the S1/2 of the SWI/4 of the loll/4 of the NW1/4 of Section 8, Township 116, Range 21 bounded by lines commencing at a point on the N line thereof a distance of 440 Ft. W. of the NE corner, thence to the NE corner, thence to the SE corner, thence W. on the S. line a distance of 220 Ft., thence tdW to the point of beginning."' Section 2. This ordinance shall be in effect immediately upon its passage and publication. Adopted this 23rd day of October, 1961. ATTEST: (Si ned)ARTHiJR C. SREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor Village Cleric Published in Edina-Morningside Courier Dove,ber 2, 1961. 14 Ci -013 THE iPPROV "J, OF Pt.Ars. Ri7iQUIPL,'G PAYLE--*,T OF '.. FEE fd"D 1!,,MSRNG 0-MEN CEQUIkE:�9,`:_tT�S. IVC,'LUDI.1Z '(11E M,!ifX;G C'F 11,jEX;"L:iSSiARY 11tYROVEENTS If, 1.,',:.DS PREVIOUSLY ':(,T PLATTED -1 .1111. ,(7 ;;, (' . F TPE VILUGE OF EDRP— tUAFSM . X-D 1', Section FIj , ;Lman. i2 -rss3prwz,J , nt, Villav, c.ouncil sj'-,zj1 I be filed tAth the Vi tiapo tianagci ancl shall be acc* , rnpanJ ' omd by raA-,Pnt of a 01at fit Inn fee .jbich sh;il ! be chw-c3r! Eq tha 'Vi i 1"qe 10,r services be xqn&-iod by the irii.lage in ni­.-,Iressing +1e r2,q-:.)snd plat. The In t cf such f ae slhal I lr�$425. rA�. ,-I us 00 Fz.,r !,,A. in the AE�t� bul. n..,'%-. tr� '7-7(Ceed a -;:a?Amurr fee (;f 1A,11--.001. Failure Of UP C' - iUncif t( aporwe the okal- shaji not ant.ltle tiipors,,n nsid the fee to tl-,n retuir if !0.1 cT any part f.bore!.,f; h(�-;jsvar, that. n"Yment of SUC1.1 fee, sh;! 13P r - qu J'sed only as t a t s A `ie C t 2 "Jx. _- rid L. t Gjadas. "a:rk Dcx;JC.aL_-very 111Ft or -A land,wf)ici; zequires the dc-ifl= 30l &,,pliA cablc 11S of 5t6tc- lalm P"d tYe Orinsnce 2w.1) >f 9c. bu -I- s,Ja ; zi ::.t zl--cw .thereorl the qyede ,f' 81.1 -,-Cre+ts 3nd thc cean. cii.M-e of thc- frort ant', r3ir.r lines (4 eac;-. 1(11". In avery !7J;'­.1, cf !zinc?, and to N deveh.�,ed fcr ra-sildontial t ..f slxhl .f arjci c!.-Px;jr-t.?Y, sl-.el ! be set asldea Ciro t(-. the -:l..biir fc-_e 1_1111:1.!,'USS as 11 -,arJ s Ind r.j13ygrcLnds. Ction Z.. cxl PlaL. The Villegs 11a,-,agar an(i the P!PnAriq ­xarr:}rie C-aC` plat and the-19('In in -sx-iting to tl,$7. os tc ­ho followil.s, ulzttar5. th,3 ascuxsry (.f all aeasurements acid gra-ies shc-mn thereon; and N f,hsui t abi I j ty of the Mat the 4nt :-, f c(,,.-rr.,urjty 11,0 olets mel-,01'r.c,d W _7!el-cli,.-,n 2 rp,icri shall. also Lx-., �S to i.-KS frlllcwlng natters: (C) rha adequacy of sta.,-ets and tf!ercjof wil.th existing and r.?.an'iad A k Ir until hid-jways In -;u -unding areas, kh? rmital-411tv ,-.f street arad7--s: i;,, to Ule qrx,1P_,s (f 1,jr aind e 0 ��nd ovol sanitary -,evier f,,., tu re ax f c,-; s 1 ., n s c f th V I (e) ':4.er3 dedi-aU-1-1 :r Slich is xeq�_Jzec,, the s,,f-',Pncy - A.1jc..1 L 1,3-r d LPd E, r -n r Arid id r-1;ygx urd !- c Sd fl 't. ,,d ract ,; 10aiP. ( i�� rd d such dedic3tit,ri (1 land, C(:;,t (in-ciuding zind inspection expenses) )f surfiecina -_,treets, -1 alling street signn s, ad st any sto• "I.`:icy be oecese-sary, and artirnn !-.eed inclurE.1',0, C;Nqi ni?erinn a.,-,d 1;i5,->ectA un exr,-ouses), of Se"fe'r's and v zitar Mains adeque-Le to serve all lots In the '.))at, ."J"t't, Con, ectic--1 (-.f such setmers and watemnins to the Vil logo sewer a,)d trl, �wsf_­r� ..i,mms Is feasible. t;t- owner (-.f the ]and Included in the plat, or his agent, in .111eu c1 having nr}go.lnq Costs estimated by thc- Vil'890, !My mi*loy at his expense, a r.-rc ;istared f',es3irn�-A`. -nq-'r,aer to pxepara P.relifr.i.nary Mans 'and est3tm5tes Of of the i tir,-11�.,,Od thereof the VI iaf Iq. S,? 71; ):r7,c�vmuenf.s and Submit -1 writl,en, ' A ta i)''.Aca c;f th'- (:,mp1ny!T.eijt 3uch shall he niver, to ♦*!fe filiro P111�', cn 4. Ac io l.__� t Council. Upon cc.tnj�leticn of the report specified In Section 3 ahnve, the r,le, -nd re.-crt shall be trensmitted t, the Crnincil Or amrcval. The Council may (a) grant preliminary 4pproval of plats mentioned in Section 21 or (b) grant final approval of other plats, or (c) refer the plat for further report to the appropriate Village officers or departments, or (d) reject the plat. Section 2. Plats Given Preliminary ApLrov� :then preliminary anproval has been given to a plat, the person who filed such plat shall cause all street, water and sewer improvements required by the report thereon to be completed, at his own expense and under the supervision of the Village Engineer, or in lieu of maki>>q such improvements, he shall sign a subdivision financing agreement and file a boni- to assure performance thereof. Such agreement, to be made between the person filinO the plat and the Village, shall obligate the person filing the plat to repay to the Village all costs thereof, through r<yment of snecial assessments or otherwise, at ieast one-third in each of three years, the last payment to be made not. later than December 31 of the third year from the year in which special assessments for such irl+scvements are levied; pr-�vided, however, t0at the Village shall n;,t be �,,blielat.e,1 to enter into such. agreement if the developer does not file a bond as '.ereiriAf*ar described or if the Village Ccunci 1 determines that the Vi 11 age rtr.; st borrow mc,ney to nay its costs of construction ender such agreement and such bcrrowinq will jeopardize the Village's credit rating. Such agreement shall also provide that If special assessments have been levied for the making of such improvements against any lot in the Flat and remain unpaid upon the transfer of title to such lot, t-hey shall be paid or prepaid in full to the Village Treasurer and the county Treasurer of HLmiiepin County. The bond herein required shall be given by the developer with a corporation approved by the Council as surety thereon, in the full amount of all costs of making the Improvements specified in the subdivision financing agreement not paid in cash by the developer before or at the time of entering int,) such agreement, and shall bt given for the securing to the Village the payment of all such costs within the period specified in such agreement. Section G. Final Approval of'Flat. When a plat has been given preliminary approval by the council and the required improvements have been completed, subdivision financing agreement executed, or bond furnished hs hereir required, the Village r,Ianaaer shall submit a supplementary report thereon with the plat to the Council f?r final approval.. Section 7. Street 1:Aintenance. Until a street in a plat has been compl ited in accordance with the plans and specifications approved by the Village, and the Village Engineer has certified as to such completion, the owner shall keep such street, if used for public travel, in a safe condition for such use, at his ovm expense. The Village shall not be chargeable with the cost of or the responsibility for the maintenance of such street until .he completion of such street has been so certifies. Sectior) S. Application. Except as herein otherwise provided, this ordinance shall apply to all plats heretofore filed but nrA yet given preliminary approval b,;- the 'pillage Council, and to all plats hereafter filed.. :Section 99. Effective date. This ordinance shall be in full force and effect upon its ,passage and publication as provided by law. ADOPTED this fth day of June, 1959. •,TTEST - (S_i_g_ned) ARTHUR C. BREDES2,.,, JH...._�._._�..� (Signed) GRETIC-1;E:: S. ALDO,' flayor ','i 11 age% 1 r rk Pu,bl_!v­r' .In =dxn.a-MiorningsidP Jj,ne 11; acid lf:. 1959. RESOLUTION ESTABLISHING PC, C� AS TO THE FILING OF PETITIOt :; F.:+i} VILLAGE -FINANCING OF UTILITIES PN'D STREET IMPROVEMENTS Ill ACCCRDANCE WITH ORDINANCE NO. 263 _ WHEREAS, the orderly development of unimproved lands within this Village, for residential use, is in the public interest; and WHEREAS, said development has proved to be dependent u.-on Village -financing f utilities and street improvements on a short-term basis; and WEREAS, this Council has adopted Village Ordinance 110. 263, setting forth die conditions under which the Village will finance the construction of utilities and street improvements in land developments; and WHEREAS, Section 5 of said Ordinance ;c. 263 makes it mandatory that preliminary a rlizoval be given a pldt, a subdivision financing agreement be filed with the Village, a performance bond for the payment of special assess.Umts be furnished the Village -lhe developer before the Village shall construct utilities or street improvements ir, said plat; and "'HEREAS, it is believed the Village of Edina ran sell additi:.nal improvement :-.•.rc115 up to $300,000 in 1959, for the financing of utilities and street improvements -1 developments in accordance with the terms of Ordinance �.o. 263, without z.­,j3ly affecting its bond credit rating; and .'HEREAS, the Village Council deems it necessary, in the interest of efficient :npartial administration of said funds, to be informed well in advance of -,: ruction concerning developments which will. require utilities and street vements financing during the remainder of this calendar year and the next calendar year: &I. THEREF02E, BE IT RESOLVED by the Village council of the Village of Edina, ': Petitions for 1959 financing of development utilities and street improve - will be accepted by this Council until thirty days after adoption of this �s�.�lution (July 8, 1959); and that petitioning developers will be required to Lsh necessary performance bond and ell other proof of intent required by Ordinance No. 263 on cr before September B, 1959, to qualify themselves for said is ,arcing. 2. That Village -financing of utilities and street improvements during the :-.�:endar year 1960 will require the filing of petitions for same by December 1, 1959, ­od submission by petitioners of all necessary proof of intent by February 1, 1960. OPTED this Eth day of June, 1959. rTEST: (Signed) ARTHUR C. BREOESEPti. JAR. (Signed) GRETCHE;: S. ALDEr, ,Mayor Village Clerk STATE OF V1Iiv,';'SCTA ) GOU "N OF 11E.T.: EPIE ) SS VILUCE OF EDIT!; ) 1, the undersigned, duly appointed and acting Village clerk for the Village of Fdina, Hennepin County, Minnesota, do hereby certify that I have, this date, compared the foregoing Resolution with the Resolution duly passed and adopted by the Edina Village Council at its regular meeting held Monday) June 8, 1959, and that the foregoing is a full, true and correct copy of said adopted Resolution. ITTN ESS &Y H"'D, and the official seat of th illage of Edina, this 12th day/of June, 1959. Gretchen S. Alder Vi. t legs Clerk INDEX Numerical references are to ordinance and section numbers; thus 141:15(c) means Ordinance No. 141, Section 15, paragraph (c), and 31:1-9 means Ordinance No. 31, Sections 1 to 9, inclusive. Advertising (see also Outdoor Advertising) noises in connection with ................... I ........ 144:3,5 vehicles, permit required..........................191A120 Air Raid Precautions blackout period......................................81:3 definitions .......................................... 81:1 generally .. ..81:1-12 illumination, illegal..................................81:10 illumination restrictions.................................81:3 81:2, 5 mayor, powers of .................................. regulations.........................................81:5 signals, imitation of..................................81:6 signals to be sounded.................................81:2 telephone calls restricted...............................81:8 traffic movement.....................................81:4 Animals (see also Traffic) cock -fighting, dog -fighting, etc ......................141:15(b) cruelty to......................................141.15(a) diseased animals................................141:15(c) dogs; see Dogs exhibiting.........................................141:12 fighting........................................141:15(b) generally ...................................31.1-9; . 321 hitching animals 142:9 impounding.......................................31:3-9 keepingof ..................... .....................32:1 noises made b y.............................. ........144:4 142:9 picketing animals ................................... pound ................... running at large .................................. ..31:2 ..31:1,3 sale of animals impounded...........................31:6, 7 Assault assault and battery ......................... :. 141:40) provoking.......................................141:4(h) Awnings .....................142:19 support of ................... unsafe awnings a nuisance..........................143:4(f) Barbed Wire Fences..................................145:1-3 Battery, see Assault Beer (3.2), see Non -Intoxicating Malt Liquor Bicycles (see also Traffic) brake equipment required..........................191:1910 curfew on riding..................................191:1909 destroying frame or license number ......................41:5 generally........................................41:1-12 impounding of .. •41`7 license fees ......................................... 41:6 licensing and registration ............................. 41:1-8 lights on bicycles.................................191:1908 minors riding after 9:30 P.M ......................... 41:9(f) operation of 41:9-10 revocation of license.................................41:12 sale or transfer of....................................41:4 traffic rules applicable.........................191-1901-1907 Billboards, see Outdoor Advertising Bond (Surety) for bowling alley.....................................21:6 for excavations and impounded waters...................56:5 for moving building, etc ............. .... ............... 52:4 for plumbers ...................................... ..66:3 for sale of intoxicating liquor .......................... 131:9 of officers and employees..............................11:2 Bowling Alleys application for license or permit ........................21:5 bond (surety).......................................21:6 building of.......................................21:7(d) club permit.........................................21:3 definition of........................................21:1 disorderly conduct ................................ 21:11(b) 21:11(e) employees, criminal record of ........................ employees, employer responsible for conduct of .......... 21:12 gambling........................................210 1(a) generally........................................21:1'--12 hours........................................... 21:11(c) liability of property owner............................21:10 license fee..........................................21:4 license or permit: display of........................................21:8 period for which issued..............................21:8 required..........................................21:2 requirements for issuance of ..........................21:7 revocation of : ................................ I .... 21:9 21:11(d) liquor........................................... narcotics ........................................ 21:11(d) parking space.....................................21:7(e) permit fee (for clubs)..................................21:3 21:11(b) profanity ........................................ Building Code, see Buildings Building Inspector duties............................................. 51:32 inspection and approval of construction by..............51:6-9 moving of buildings, inspection of.......................52:8 notice of unsafe building..........................51:12; 31 permits, issuance of: constructing buildings, etc...........................51:6-8 moving buildings ................................... 52:2 Buildings (see also Fire Limits, Moving Buildings, Plumbing and Zoning) additions ....................................... 51:3,4(c) air conditioning...................................51:6(a) alterations.................................51:3, 4(a) &' (d) application for permit ............................. 51:7 areaways..........................................51:25 6 beams........................................510 bowling alleys......................................21:7 building code: application and scope of .................... 51:3-5 non -conformity with..............................51:6(b) penalty for violation...............................51:33 violation of..................................51:6(b), (f) building inspector, notification of..................51:6(d), (e) chimneys .................................... ...51:26,27 commencement of construction......................51:6(c)-(f) constructed outside the Village .......................51.6(d) dryrooms.........................................51:29 dumb -waiter shafts..................................51:21 electric wiring.....................................51:6(a) elevator shafts ................................... 51:18 elevators.........................................51:6(a) exits....... ....................................... 51:23 fees for permits......................................51:9 FHAcode.........................................51:10 —85— fireescapes ....................................51:6(a) fire hazards .....................................112:2 fire-stopping.......................................51.22 floor area ...................................... 51:13,14 floor lights.........................................51:20 foundation, when completed ....................... 51,6(d), (e) garages ..................................... 101:9,10(g) gas fittings.......................................51:6(a) generally........................................51:1-33 heating..........................................51:6(a) height ......................................... 51:13,14 light shafts.........................................51.21 maintenance........................................51:5 materials........ .................................. 51:14 notice of unsafe building..............................51:12 notification of building inspector ..................51:6(d), (e) openings in party or fire walls .........................51.17 party or fire walls...................................51:17 permit: application for..................................51:6(c) failure to secure .............................. 51:6(b), (f) fees...........................................51:9 generally ....... ............ ... ........... .51:6 refusal of, when land illegally platted .............261:14(d) plumbing........................................51:6(a) rebuilding ............................. ........... 51:12 repairs.................................51:3, 4(a) & (d), 12 restaurants......................................151:9(c) roof openings......................................51:22 roofs......................................... .51:11 safety..........................................51:30,31 service stations.....................................101:8 skylights..........................................51:19 stairways..........................................51:23 stairway shafts ..................................... 51-18 standards of construction...........................51:1031 survey of building site..............................51.7(b) unsafe buildings....................................51:12 use, change in ................................... 51:3,4(o) vent shafts.........................................51:21 violation......................................51:6(b), (f) walls..............................................51:15 By -Laws of Council......................................11:1 Cafes, see Restaurants Children, see Minors Cigarettes (see also Minors and Tobacco) adulteration.......................................141:16 generally.........................................71.-1-5 license: application for ........ ......................71:2 display of........................................71:4 fee..............................................71:3 required..........................................71.1 licensee, character of..................................71.5 minors, sales or gifts to................................71:5 narcotic cigarettes...................................71:5 Civil Defense, see Air Raid Precautions Civil Service, see Personnel Administration Clubs (see also Golf Clubs) bowling alleys ............................ .21:3 .......... intoxicating liquor .............. ............ 131:1(k),8, 12(i) Combustible Liquids (see also Explosives) benzine in fuel oil................................101:10(h) benzine receptacles.................................101:4 defined............................................101:1 fuel oil storage...................................101:10(i) garages: location of...................................101:10(g) storage in.......................................101:9 gasoline in fuel oil......... I.....................101:10(h) gasoline receptacles.................................101:4 generally.......................................101:1-12 Inspection by fire chief..............................101:11 non-compliance....................................101.12 permit: application for...................................101:3 fee.............................................101:3 required ...................................... ..107:2 revocation of'.....................................101:3 prohibited uses: in multiple family dwelling ......................101:10(d) In open fires..................................101:10(c) pumping required ............ .. ...........101;6(k), 10(e) service stations, safe construction of....................101:8 service stations, storage and delivery at.................101:8 smoking near ............. .................101:8(h), 10(b) tank storage, when required ..........................101:5 tanks: above ground....................................101:6 underground................................101:7, 10(e) violations.........................................101:12 wasting into sewers ............................... 101:9, 10 Council, see Village Council Curfew adult responsibility...................................91:2 arrest of violators....................................91:3 bicycle riding after 9:30 P.M........................191:1909 bicycles .........................................41:9(f) enforcement by police.................................91:3 9:30 P.M. curfew.....................................91:1 Dances (Public) disorderly conduct ...................................22:2 generally.........................................22:1-6 hours..............................................22:6 minors.............................................22:4 permit.............................................22:5 Derricks moving...........................................52:1-9 Disorderly Conduct (see also Misdemeanors) at public dances......................................22:2 disturbing religious meeting.........................141:10(1) generally.........................................141:4-6 in bowling alleys .................................. 21:11(b) in liquor store or bar......................131:12(a), (d), (h) Dogs barking .................... ....................... 33:14 chasing automobiles.................................33.13 confinement of certain dogs...........................33:13 damage by dogs....................................3114 female in heat......................................33:13 impounding ......................... ................ 33:6 keeping of .................................... 32:1,33:14 license: fee for........................................33:2,17 required..........................................33:2 muzzling of........................................33:18 notice of impounding..................................33:7 notice of license fee...................................313 rabies..........................................33:13, 18 running at large ............................... 33:2,13,14 tags ....................................... 33:4,5, 16,17 vicious dogs.......................................33:13 Drugs (see also Narcotics) careless distribution of..............................141:7Q) Dumping............................................141:8 Elections, see Voting Electric Wiring, see Buildings, and Fire Hazards Electricity, see Franchises Employees, see Officers and Employees and Personnel Administration Evidence drunkometer test..................................191:304 excavations and impounded waters, failure to comply with ordinance ......................56:6 —86— Department Fire Dep • • • ' , .111:10 . - Firemen. see • . • , , .. 151:8(f) (8) Relief Association. s 113.1, 2 .162:8 Firemen • ... • . Al Inc high• • • food, Presence of........•-' .. ' .1:10 .. ..•• :... .. 191:129 Fires arbage ' ..... 191:908 grass or weeds 12 • • as evidenceehi � • of vehicle by owner ... • • • ' ' ' 191.406.3 burning g ... • , .. • • .. • , 131:25 burning trash fire engines... • .191:908.1 141:7(f) 5 ordinances presumption of use es - , .. • : bridges ... .... {allowing .. .. ',191: 4 crossing 'fire ...... • ' : .. .. 220 vehicles to ... l 13:4, on , speed limit evidence .. • • .. , drinks as • • • hoses, . • . , .... negligence in respect spiking • evidence. • violations as burners • • .56-.4(c) refuse • .. , . 102A traffic Excavations • , .... 56:6 • . • • " .. .. • . Fireworks ... • .. ... • ... ....102:. .... ..102:3 draining negligence......... • evidence Of • ... .... ,56A(a) 56:4(c) definition ' of ...... •' permitted ............ . • • .56:1-8 prohibition displays P fencing • "' .. • • • , . , ... ..". „ .142.2 pyrotechnical • ' ...141:15(f) filling ,.. ...... ... .. generally .... •; : ..... .. • • °f ' • ... Insignia .. .. ...• .... . .56:3 Flags, .. . .......... . . SO desecrating flag .. .141.15(g) guarding • , .. permit: ......... • ... .. ..... • 56.3(d), 4(e) Memorial Day for 1411(b) 151.2 application ....... . • • • • • ' ' ' ' • ... ,56.4(b) good ' , , 56.5 -imitation Of or or im 151:7 required material .... removal banks .... ..... ..• ... ..... S6:8 '''' .. ..• •' S6:7 dealers premises.... definitions 151:3 slopingbond ...... .... ,... surety •• of .. .... inspection food: ... ... ........ for sale of •• ..• .....151:5 .... ........... violations • - ' ' Villa9 e'' an work done by uids o Liq license .... .... Fireworks) application for • ' .. 142:5 : of .. . . ,.151:4 . •151.1b (see also Combustible .. • 141.13(I) display ... .... fee ... ..151:6 ....141:7(d) Explosives ... .... blasting p recautions .. .. ..... ..... required revocation d fish.. • • "' an 151.10 setting off ' ' Fire Department eat .. protection of m • • • .. , ... • 151:8 • . • . • . • False Alarm, see 11;21f) regulations: .. , - .. • • ' .111-.2 for meat markets. • • food • •am0. sale of ... • ' .. 141.7(c) • • • ' ' ' • � - Fire Chief . • , .. • • ' ' Of . ' .......... laces selling . _ • • • ,112:1, 3 for p oultry or g ' .. • • ' ' unwholesome P appointment . . ... duties Of of fire hazards. • . li • ,101-.11 uids. • • 111:4 • , . Franchises . , ...234-.1-15 242:1-16 inspection a of combustible inspection of storag drill . . . . -111:3 . • .. • • • 12, 111:2, 112:1 Kelly, Latera�a eweMain...... • • Mickelsen, Light Co... • - .. • .. • .221:1-11 ' .. ...201:1-8 . ...101: practice Gas fires... Minneapolis E Co.... - recoard tof Council.......... • 111: olis G- d Fire Chief) 6 Minneap Power CO• • ' ' - • • ' • ' States „202:1-3 Devices rep Department (see also Fires an • . . musement ...111:5 Northern Mechanical A also Lottery, .141:10(h Fire .111:9 see age limits .111:7, 8 Gambling ( remises...... and Nuisances) devices on P • • .. .21-11(c 23:1- asschief charer members • • .... charter .I11:11 .. ambling .... 112:1, 3 allowing g alley ... .. 111:4 bowling s.... devices..... .. ...... . . • • , ...143:3(' compensation alarm • • • ' false fire hazards..... • ' . . .11 iechanical amusement ... ... • .. • .... • le of liquor.........141:10� „.131:12( a{ inspection . ' ' ' , • ... .111:1 nuisance for sa • %6 licensed .. • • ' instruction at fires.. • • • ' ' , .. .. • .111 on premises • • , • • • 111 A prohibition °f and Zoning Liquids, order organization of .111:6 see Buildings, Combustible 2 physical examination Practice drill me ers.. • • Of I11:3 Garages, ... • 111:10 " Garbage served by Village ............. • .1 ..2 qualifications of fires...... • .111.2 property .. ossessmentofOfregulated.....:... •' engineer. .... ...........21 record Association Relief a{ members....... . • burning of by village collection • - ' .. ... ,21 • • ' ' ' - . • suspension at, generally.. to b a charged . - • see Buildings collection 112:1, 3 of collecting, cost Fire EscopeS, .... • , .. . • • • -112:2 definition Of service.. • • • - • ' ' . . . • , , • , ... Fire Hazards Of . ' • ' . .. • • • ' ' • 112:2 extent of collection • • for collection serviVillage • • ' 112.2 by • • • • • • abatement buildings • ' . ' • . • , • • , ... payment ' • ' • . , . . • • ' ... 112:3 properties to be served definition ...... .......112:1,3 Gas, see Franchises if wiring electric w remises.. Officer on P • ..... • ,112:2 malt liquor....... , , .. ' ' Golf Clubs entry Of ............ Of license for sale of non-into)icating inspection of 143,4(c) see Food prohibition 101:5 Grocery Store, Fire limits violation s erected in li uids........ of • • ' ' ' • • • • ' ' ..113-A 5 see Firearms ... Guns, " building dangerous q " see Trade Of Hawkers, storage burning .... ... • ..... trash ... .141-Ald) Health of Health...... .... • .. . .... .. • 121: •.... Firearms aiming or discharging ' 141:7(e) Board ' ' 141.4(e) clean-uP naticedisease's to......... ... minors: ammunition of firearms or • • , . communicable .103:1 141:4(f) sale firearms by....•'. .. •. .. ... use of required • • `.., permit . 87— — silencers disease, exposing person with.., al�h officer.... •.. ...., •.........141:7(h) • .... , . ' ' • ..... ..... ' .... ...... 121:4 loudspeaker E—= E—_C /th officer. , 121:1, 2 & 11:2(c) mechanical _ movingamusement devices. , , e - - — - .... , ....... '2121:5 multi- mity buildinga etc... 144: g �s i/din • .. 121:6 n-n-intoxicatfn welling • • 23:2, 3 e gs ... ..... ....... 121:3, 7 plumbers g malt liquor sale of.. • ' . , .. .....52:1-3 i chin Plumb Ing 261:3:2(0) 9s and Zoningtaxicabs . 131:16 i-ars tracks, vehicles ........... .66:1-8 transient mercha singts movable.. 67;1, 2 trees,171:25 o F ri ag l i9ence... , .. Trees, etc., cuffing by elekers aric Ond peddlers. , 191:17 .. , ... 5 56(� vehicle for aperatio� ove� ting or Pa in . ' .. 181:2 12 s Ir o s a for 56:1-8 vehicle reverloads non -truck routes , 162,01:3 ....... 9istration 191:1402.5 �Nd to r o r-3 ufsance..' ......... .... • � ' • .. .....56:3 Liquor 191:1608 d - - - 56 (3.2 ..191:601604 n " Villy . ' ......... 143:2(a) efntions) See Non -Intoxicating Malt Liquor e by ge........ 56:8 drunk driving : ' See Po and intoxicating liquor, see . 'O , . • ........ . 56:7 intoxication Intoxicatin 31:1 _ FJc+9s� Insignia municipalg Liquor ..191: li 303, 304 set also Liquor, Li q or store, see Municipal Liquor pis a IS(d) Jr see Liquor Control 141; oy rY of �iee on Intoxicatin Control Liquor ° Liquor Dispen ary)s'On (see also Municipal P nsary �t,,j nsee. , g Malt Liquor) ppointment leys� sv le in .... , COmPensation of members..... . . 131:9 Of in - - ..... Lottery �{ in I Publis 31.12(d) ru ry^see also Gambling) 11--2 =n places... , .. , (1) 9 a lottery1 i;3 131:12 tickets . • • • .. �fCopduct . .. ... . 131:21 M o on licensed premises. ...... ... 131;' ... 131:27--2g °Y r • • .. ... ,' .. .... 141.10 f 12(a), (d) & (h) duties of 141:1p e) �9 license - . - • . 131:12(d ( ) �cition of license..... , ) Meat Market see Food Sale • - - - - - • ........ ' .. .. .... • • .... 131:11 Mechanic, .. .. 11:4 licensed r 131:13 i Amusement of Premises,*.'.'.'.'.'.'.'. 131: definition Device, (See sale: . 131: 20 gambling, • ...... .. also Gamblin - iion for 12(g) lice g, use for.. , 9) license of ..131.9 minors 23:1 131:12(i) Prizes .. , 23:6 o f ............. . ' : .......... 131:10 seizure ... . ' ' ....23:2, 3 on ............... . • ... .. 131:8 violations 23:4 • . 131:13 Milk 23.5 went of • . . .. ............. equipment b • 131:12(c) untested milk a nuisance• , . ....23`8 of of .... .. Y licensee....... ... ' ' ' ' • . 131:12(b) Minors � le ..... ...... 131:12(e) (see also Firearms, • ......:... . bringing liquor, into....... ..'''' ••.1131:12(e Intoxicatin ms, intoxicating •.143:p(b) g Malt Liquor acing Liquor, Non Of ...... 131:22 Amu' Dances (Public), CigarettesMunicipal liquor Dfs 3 cruelt men. Devices, andI CurfeN pen al e n .. • ... .. 131:25 Y to children.... Bicycles Mechanic for endan ent premises • • 131:22-26 tob gering life, health • , * ' ' ' ' • • . . • • • . 131:26 °CCO, use by minors, , or morals of• .y licensee .............. .. .. ...........1: () .. 141,10 12 f Minutes of Council 141;10(b) 131:9(c) & Misdemeanors ncil Meeting.. , : ' 141:10(a c it (d) noises, revocation of license meanors ' ' • ... , .. ) °n account of.. , adulterated ci " • • 11:10) sign ...... 144:5 'ehicles . • • ....... . • • .... , adulteration garittes ... • • • 61;2, 7 aid* or imitation of foods. . registration ... ' • • • • • .. , , . • . • g escape ' ' bicycles and motor • 1 ...... ' ' ' 19 191:1120 aiming or pe ' ' ' ' 141.16 otor scoote 1 601-604 dischar . . ' ' ' ' • • • • • ... 141:7 b rs.. , , . _ allowing gambit Bing firearms. • ' ' ' ' ' ( ) 114ey ............................ . ..41:1-8 assault and 9 devices on : ' 141:2(d) • • .21:2-12 awn* battery• . premises. , , ' ' • • .. 141:4 ) -Frontage of building on street. , , , 51:6-8 barbeds Wire Port of . , . ' ' ' ' • • • .. . . ' ' 141:10(h) license ..261:7:5 blastin fence.. 141:4(i) sole of........... , ............. 191:209 breaking operations 142.19 a 1 ic) .......71: window, . , 145:1-3 ,_nse ....... ' .. .. ..22 5 careless distribution of ........ , . 142:5 • ............. .... ........... 191: carnivals ... drugs.... � • . ' ' • • • .. 201 cock- ..141:13 establishments,' ...... .... , ..56:2-4 cam fighting, etc. ... , 141:7()) ling ....... , • ....... .. 103.-1 common drinking cup........ • .. , • ... 141:7(a) �,,oters . • • . • ..... . , • • • • ..... 151:1-6 Promising prosecution 14415(b) liquor, sale of...... , . ..56:2 4 concealing escaped Conspiracy Prfso ........ 131:8-13 crueltyr to againstmals publicnw'l, or justice.'. • • . ', ' 141:3 . 141: (e) 141--2(I) 88 , ... 141:15(o) cruelty to children................................141:10(c) damaging public property..........................141:13(c) defacing public property.............................142:13 defrauding public utilities..........................141:13(g) deposits on sidewalks...............................142.17 desecrating flag.................................141:15(f) destroying public park property .......................142.14 destroying trees.................................141:13(d) diseased animals................................141:15(c) disorderly conduct..................................141:6 disorderly house.................................141:10(j) disposition of carcasses.............................141:7(i) disturbing meetings...............................141:4(a) disturbing religious meeting........................141:100) disturbing peace in public conveyance ................141:4(g) dumping........... ........ ................. endangering life, health or morals of minors .......... ..141:8 141:10(b) escaping from custody.............................141:2(c) exhibiting animals .............................. ..141:12 explosives.......................................141:13(I) exposing person with contagious disease..............141:7(h) false advertising.................................141:13(a) false measures..................................141:13(b) fornication.....................................141.10(k) gambling.......................................141:10(g) generally.......................................141:1-20 guarding excavations................................142:2 height of hedges....................................142:8 hitching animals....................................142:9 immoral shows.....................................141:11 indecent exposure...............................141:10(d) injuring public sewers and culverts ....................142:15 injuring uncompleted construction .......................142.4 interference with sidewalks, etc ........................142.18 intimidating public officer...........................141:2(h) intoxication.....................................141:15(d) joy riding.........................................141.14 lottery, running a ................................. 141.1NO lottery tickets....................................141:10(e) lurking .........141:5 lying in wait........................................1416 maintaining sidewalk levels...........................142:11 malicious mischief................................141:13(e) Memorial Day..................................141:15(g) molesting public utilities...........................141:13(f) molesting railway property.........................141:130) negligence in respect to fires.........................141:7(f) no smoking signs .......................... • • • ' ...1141:13(h) I...... obscene literature ......................... obstructing sidewalks ........................... ..142:10 offenses against chastity, morals or decency .......... 141.10-12 offenses against property..........................141:13-14 offenses against public health and safety...............141:7-9 offenses against public justice .......................141:2, 3 offenses against public peace ........................141:4-6 offenses against public property and places ............ 142:1-20 penalty for ............................. 1:11,141:1 & 142:1 personating officer................................141:2(i) picketing animals ..................................142:9 placing objects in public highway ......................142:6 posting bills ......................................142:12 protection of meat and fish.........................141:4(h) provoking assault • • railroad warning signals............................141:7(g) recovering property...............................141:2(b) refusing to make arrest or aid officer.................141:2(f) remaining after warning............................141:4(c) removing barricades.................................142:3 rescuing prisoners................................141:2(a) resisting public officer..............................141:2(g) rioting............................................14116 sale of firearms or ammunition to minors..............141.7(e) sale of unwholesome poultry or game............ I ....141.7(c) silencers for firearms...............................141:4(f) spilling substances in streets...........................142:7 spitting...........................................141:9 throwing stones or balls.............................142:20 ticket scalping...................................141:15(i) trespass upon railway property ........................141:5 trespassing on right of way........................141:13(i) unlawful assembly.................................141:4(b) use of firearms by minors...........................141:4(e) use of tobacco by minors..........................141:10(a) vagrancy.......................................141:15(h) withholding Village property .........................142:16 Motor Bicycles, see Bicycles Motor Scooters, see Bicycles Moving Buildings bond (surety).......................................52:4 displaying red lanterns................................52:9 notice of removal of obstructions ........................52:5 permit: application for ......... :.......................... 52:2 fee..............................................52:3 required ........................ .... ...52.1 removing obstructions ........................52:2, 4, 5, 6, 7 Municipal Court traffic offenses..............................191:2101, 2102 Municipal Liquor Dispensary accounting procedures .......................... 131:4 beer sales....................'...................131:6(b) billiard table.....................................131:6(c) bond of employees................................131:3(d) business of......................................131:6(b) credit sales......................................131:6(d) establishment of....................................131:2 employees.......................................131:3(c) employees, violations by..............................131.7 fundof...........................................131:4 hours of operation...................................131:5 inventory ... ........................ liquor control commission ................. .... .....131:4 131:3(e) & (f); 11:2(j) location........................................131:3(a) loitering........................................131:6(e) management.....................................131:3(b) manager........................................131:3(b) minors: employment of.................................131:3(c) on premises....................................131:6(f) operation of.......................................131:6 partitions.......................................131:6(a) pool table.......................................131:6(c) restrictions of sales.............................131:6(a)-(g) soft drinks sold by.................................131:6(b) swinging doors...................................131:6(a) Narcotics (see also Drugs) cigarettes ....................................... driving under influence of..........................191:303 ..'71:5 Negligence excavations and impounded waters, non-compliance with ordinance....................................56:6 fires ..141:7(f) traffic violations as evidence of negligence............ 191:2204 Noises advertising........................................144:5 animal noises ................................ 144.4, 33:14 businesses creating unnecessary noises..................144:7 crying sale of goods by street vendors.................181.10 generally........................... I ............ 144:1-7 horns, motor vehicle..............................191:1721 hospital quiet zones ...... .......................... 191:721 loudspeakers, permit required for......................144:3 motor vehicles...................................191:1404 mufflers on engines..................................144:6 radio or phonograph.................................144:2 unnecessary noises forbidden ..........................144:1 Non -Intoxicating Malt Liquor conduct of sale.....................................131:18 consumption in public places..........................131:21 —89— displaying ordinance ............... ....... 131:32, 33 hours of sale license: .......... 13J.: 0 2 application for ..................... 6­ - ...... 131:15 ............ I .... 131:16 generally .......................... : ......... 131 14- 1 7 : revocation of 131:19 minors: consumption by ................. ................. 131:W misrepresentation of age by ..... .................... 131:31 ale to restaurants, bringing non -intoxicating malt liquors inta. ... 131.30 .131:22 revocation of license for failure to display ordinance. , . 131:34 rooms where sold ..... Spiking, sale of non -intoxicating ... 131:1,8(b) malt liquor for spiking:, .131:23.26 Nuisances affecting morals and decency...........' T43:3 affecting peace and safety ............................ 143:4 barbed wire fences 145:1-3 betting ...................................... ... bookmaking ..................................... 143:3(b) buildings erected in violation of fire limits ........... 143:3(b) ... 143:4(c) causing crowds to gather ........... .. ................ .143:4(6) definition of .................... distribution of handbills 143:1 ............ ................. fire -damaged buildings and walls .................... 143.4(i) 143:4(b) garbage cans not fly -tight .......................... 143:2(c) generally..................................... 1 43:1-5 icy sidewalks 161:1 milk not tested 143:2(b) noxious weeds ................................... penaltyfor 143:2 (e) ............... ........................ pollution of water ................................. 143:5 143:2(d) privy vaults not fly -tight ............................ 143:2(c) prize fighting ................................. radio aerials salesmen 143:3(b) 13.-crr signs endangering safety ............................ ..182:1 143:4(f) smoke and fumes .................................. snow and ice on sidewalks 143:2(f) ............................ stagnant water .................................. 161:1 143:2(a) unauthorized traffic signs, etc ....................... 191:2003 unguarded machinery ............................. 743:4(h) uninvited solictors .................. vehicles used for immoral or Illegal purpose ............. ..182:1 143:3(a) water flowing over street or sidewalk ­ .............. 143:4(g) wires above street .................................. 143:4(a) Obscenity, see Disorderly Conduct and Misdemeanors Offenses, see Misdemeanors Officers and Employees action against delinquent .............. 11:4 appointment of .................... 11:2 bond to be furnished by ............. ...11: 2 compensation of ................... .................. 11:3 Ordinance Prosecutions ...........................Introduction Ordinances adoption of ............... ............ ...... 1:4, 11: 1:Vl amendment of zoning ordinance ...................... 261:7:6 enactment of enforcement of 1:4, 11 iI.Vi ...........................Introduction; evidence of' Introducti n; 11:4 ..............................Introduction; generally ................................... I - 10 1:1-11 interpretation of ................... 1:6-9 penalties for, violations. . Outdoor Advertising definitions ... :: generally .......... ............... license fee .61:1 61:1-7 permit ................................. 61:7 61:2 removal of signs violating ordinance .... 1 ........... 61:3(4), 5, 6 restrictions on signs: generally - - - ........ .. .................... ...... 61:4. in open development dist rict .............. ....... ........ 61:3 traffic, sign a hazard to ........... ................. 61.2, 4(i) Parking, see Traffic Parks obstruction of ...................... ............. 143:1 (c) Peddlers, see Trade Penalties barbed wire fences ....................... .......... 145:3 building violations .................. ............. 51:30 iambustible liquid storage ................ ­ .i. - : ....... 101:12 curfew. violations ................................... driving under influence of drugs or liquor_-, 91:2, 3 ......... driving without a license 191:303.1 ............... excavations and impounded waters. * * ' * .... ....... 191:206 * * ........... 56:8 generally, for violation of ordinances....., j.. 1:11 hit -run driving ................ ; 191:1801 intoxicating liquor, sale of ......... ..... .131:9(c) & (d) liquor ordinance, failure to display . ................... 131 v34 devices mechanical amusement d Ices ........................ 23:7., 8 Misdemeanors ............................ 1:11, 141:1, 142.1 municipal liquor store, employees ....................... 131:7 nuisances plumbing work 143:5 sewer system violations...... , .... 66:8 68:5 snow and ice removal ................................. 16 126 spiking. drinks ......... :5 ............ 131 zoning ordinance violations .......................... 261:7:8 Permit, see License Personnel Administration additional pay ................................... 12:10(a) .appeal: for grievances from suspension, demotion or dismissall. 12:24 ................ application of Ordinance No. 12 ................... 12:29 ..... 12:2 appointment of employees: according to merit 12:3 examination attendance at official meetings. 12:3(c),(b) . . . . . bribery ............................ 1.2:21 (d) ................ casual work 12:30 compensation plan: 12:13 ' annual schedule of pay ranges ...................... 12:8(2) establishment of 12:8 table of pay ranges ............................... 12: 8( 1) Consumer's Price Index * 12:9 cost -of -living adjustments: adjustment of pay rate ............................. 12:9(c) computation of base figure ......................... 12:9(b) Consumer's Price Index ........................ I .... 12:9(a) effective date of ................................. 12:9(d) daily rates 12:14(a), (b) definitions ............................. demotion: I ............ 12:1 cause for for false claim of sick leave ....................... 12: 12:27 18(e) pay in case of 12:15 dismissal: cause for 12:28 during probationary period .... ....... (b) :5 1218(e) for false claim of sick leave .................. .... 12: for political activity ................ employees covered by Ordinance 12.. .12:31 12:2 employees exempted... by Ordinance 12 ..................... 12:2 Employees' Advisory Board: appointment of members ................... 11:2(m), 12:32(a) election of members ............................ 12:32 (a-c) establishment of .................................. function of 12:32 membership of 12:32(d) terms of office of members 12:32(a) ........................ vacancies in membership ....................... 12:32(b) 12:32(a), (c) employment lists: provisional appointments outside of .................... 12:6 examination ............................... .... .. 12:3(a), (b) -90- expenses of employee, payment of .................... 12:10(a) false statements....................................12-W full-time service.....................................12:12 grievances: appeal from department heads .....................12:24(c) channels of appeal..............................12:24(a) policy regarding..................................12:24 protection of employees..........................12:24(d) report of results of appeal ........................ 12:24(b) holidays...........................................12:22 hourly rates ............ ...................... 12:14(a),(b) hours of work ............................... 12:11,12:21(d) lay-offs............................................12:25 leave; see under this heading, vacation leave, sick leave, military leave, and leave without pay leave without pay: approval required ........ ...................... 12:21(c) attendance at official meetings excepted ............. 12:21(d) for permanent employees ......................... 12:21(a) for political activity ..... ........................... 12:31 jury duty, compensation during .................... 12:21(b) limitation on ................................... 12:21(a) reasons for ................. ...................12.21(a) merit increases....................................12:9(e) military leave......................................12:20 official meetings, attendance at ...................... 12:21(d) over -time: authorization of................................12:16(4) definition of................................12.16(2), (3) rate of pay for..................................12:16(1) part-time work......................................12:13 pay: during jury duty ................................ 12:21(b) for casual work...................................12:13 for more than one position ........................ 12:10(a) for over -time ..................................... 12:16 for part-time work.................................12.13 for seasonal work .................................. 12:13 in case of demotion................................12:15 in case of promotion................................12:15 in case of transfer.................................12:15 in kind.......................................12:10(b) of employees generally............................12:7-16 on hourly or daily rates.............................12.14 political activity of employees ..........................12:31 position, employment in more than one................12:10(a) position -classification plan: establishment of...................................12:7 filing of........................................12:7(c) new positions to be created in......................12:7(a) review of.......................................12:7(b) probationary period: completion of.................................12:5(e)(1) dismissal during.................................12:5(b) duration of.....................................12:5(b) for promotions..................................12:5(c) for rehired employees...........................12:5(e)(2) generally.........................................12:5 leave benefits during..............................12:5(d) purpose of.....................................12:5(a) transfer during..................................12:5(b) promotion: pay in case of.....................................12:15 probationary period for...........................12:5(c) vacancies to be filled by.............................12:4 provisional appointments: benefits........................................12:6(e) limitation on....................................12:6(c) outside of employment lists.........................12:6(b) termination of..................................12:6(d) when authorized................................12:6(a) recruitment; see under this heading, appointment of employees rehired employees subject to probationary period...... 12:5(e)(2) resignation........................................12:23 seasonal work......................................12:13 sick leave: accrual of.....................................12:18(c) accrual of, during leave............................12:19 after termination of employment ....................12:18(f) amount of.....................................12:18(a) during probationary period ........................12:5(d) false claim of...................................12:18(e) for part-time or casual work .........................12:13 for provisional, probationary and permanent employees.. 12:18 proof of recovery ...............................12:18(d) proof of sickness, etc .............................. 12:18(d) reasons for taking ............................... 12:18(b) suspension: for disciplinary reasons.............................12:26 for false claim of sick leave .......................12:18(e) termination of employment; see under this heading, dismissal transfer: during probationary period ........................12:5(b) false claim of sick leave..........................12:18(e) pay in case of....................................12:15 vacancies filled by promotion ...........................12:4 vacation leave: accrual of, during leave............................12:19 accumulation of.................................12:17(c) amount of....................................12:17(a) during probationary period ........................12:5(d) for part-time or casual work .........................12:13 for permanent employees............................12:17 on termination of employment .....................12:17(d) waiving of, prohibited...........................1207(e) when may be taken..............................12:17(b) Pinball Machines, see Mechanical Amusement Devices Pits, see Excavations Plumbers (see also Plumbing) bond (surety)........................................66:3 business address.....................................66:6 license: application for....................................66:2 corporation or firm.................................66:4 duration of.......................................66:5 fee..............................................66:5 required.........................................66:1 revocation of.....................................66:8 violations...........................................66:7 Plumbing (see also, Plumbers and Sewer Connections) combustible liquids...............................101:9, 10 generally.........................................67.1-5 installation of fixtures...............................67:2(a) Minnesota Plumbing Code adopted ......................67:3 permit: for connection to sewer or cesspool ..................67:2(b) for connection to water system ......................67:2(c) for installation of fixtures..........................67:2(a) in general.....................................51:6(a) fees...........................................67:2,5 Police accident reports by officers....................191:1807-1811 enforcement of traffic rules ......................... 191:2001 intimidating public officer ......................... ..141:2(h) —91— personating officer................................141:20) refusing to make arrest or aid officer .................. 141:2(f) resisting public officer ........ ...................... 141:2(g) Posting Bills (see also Outdoor Advertising) forbidden without owner's permission ..................142:12 Pound breaking pound................................31:8, 33:15 for animals.........................................31:2 for bicycles.........................................41:7 for dogs..........................................33:12 report by clerk.......................................31:9 Presumption, see Evidence Prisoners aiding escape....................................141:2(d) concealing escaped prisoner........................141:2(e) escaping ............................. ........... 141:2(c) rescuing........................................141:2(a) Property offenses against.................................141:13-14 nuisances affecting ............................... 143:1(d) Public Health, see Health Public Health and Safety interference with ................................. 143:1(a) nuisances affecting................................143:2,4 offenses against...................................141:7-9 trees which menace .... :............................ 162:7 Public Justice offenses against, see Misdemeanors Public Nuisance (see also Nuisances) illumination during blackout...........................81:10 Public Peace (see also Disorderly Conduct, Misdemeanors and Noises) nuisances affecting..................................143:4 Public Property and Places offenses against..................................142:1-20 Railroads stop for crossings..............................191:501-505 trespass on railroad property ..........................141:5 wait at crossings..................................191:502 warning signals ................................ ..141:7(g) Registration of Voters, see Voting Restaurants definitions.........................................151:2 generally.......................................151:1-10 inspection of premises ............................ 151:7,9(b) license: application for ................................... 151:3 display of ....................................... 151:5 fee............................................. 151:4 for sale of non -intoxicating malt liquor ............ 131:14(b) reinstatement of ................................ 151:9(e) required ................................... ..... 151:1 revocation of ................................ 151:6,9(b) revocation of, for spiking drinks ....................131:26 liquor brought into.................................131:22 regulations for ................................... 151:8,9 spiking as evidence.................................131:25 spiking drinks..................................131:23-26 violation of anti -spiking provisions .....................131:26 Rules of Order, of Council...............................11:1 Service Stations, see Combustible Liquids Sewer Connections (see also Sewers and Plumbing) assessment: for making.....................................68:3,4 for removal.......................................68:5 discharging improper substances into....................68:5 forbidden connections................................68:5 generally...................................67:1-5, 68:1-5 misuse of...........................................68:5 notice that connection is required .......................68:2 removal of, by Village.................................68:5 required...........................................68:1 toilet to be installed..................................68:1 Village may make....................................68:3 Sewers (see also Plumbing and Sewer Connections) injuring public sewers and culverts ....................142:15 meters, installation of................................231:2 rental charge: change of.......................................231:4 established......................................231:1 payment of .................................... 231:1,3 sewer districts, created and bounded ............ 232:—; 233:— Sidewalks (see also Streets and Traffic) deposits on.......................................142:17 driving on.......................................191:726 interference with..................................142:18 level of..........................................142:11 obstructing of.....................................142:10 pedestrians required to use.........................191.811 snow and ice on sidewalks: assessment for removal.............................161:3 nuisance........................................161:1 removal by owner or occupant ......................161.-1 removal by street commissioner ......................161:2 suit for cost of removal............................161:4 Signboards, see Outdoor Advertising Signs (see also Outdoor Advertising) hanging over streets...............................143:4(f) Slot Machines, see Mechanical Amusement Devices Solicitors, see Trade Storage of Combustible Liquids, see Combustible Liquids Storage of Liquids, see Impounded Waters Storm Sewer Districts created and bounded ................................ 163:— Street Commissioner control of trees and boulevards by .................... 162:1-9 removal of snow and ice from sidewalks by .............. 161:2 Street Vendors, see Trade Streets boulevards; cutting of................................162:8 crowds on, a nuisance..............................143:4(e) depositing objects on...............................191:722 excavations, guarding of..............................142:2 grass and weeds: owner to cut......................................162:8 street commissioner to cut...........................162:9 injuring uncompleted construction .......................142:3 license: planting trees in public ground ......................162:5 trimming trees near streets ........................ 162:3, 4 names of........................................164:1-13 obstruction of .................................... 143:1(c) placing objects in ............................ 142:6, 191:722 spilling substances in.................................142:7 plan for public trees.................................162:6 removing barricades.................................142:3 shrubs............................................162:1 throwing stones or balls onto .........................142:20 trees: care of, (near streets)..............................162:2 — 92 — menacing public safety.............................162:7 trees and grass plots bordering on....................162:1-9 water allowed to flow over, as a nuisance..............143:4(g) Superintendent of Public Utilities appointment of ................................... 11:2(d) duties of plumbers....................................66:7 plumbing work......................................67:4 removal of sewer connections ...........................68:5 Taxicabs chauffeur's license required for driver................171:8(a) definitions.........................................171:1 display of card ...................................... 171:7 display of chauffeur's license badge..................171:8(a) display of driver's picture...........................171:8(c) fingerprinting of drivers............................171:8(b) generally.......................................171:1-11 insurance required..................................171:9 license: application for ................................... 171:3 fee............................................. 171:4 granting of ...................................... 171:5 required ......................................... 171:2 transfer of......................................171:4 marking of........................................171:6 miscellaneous rules.................................171.10 number of.........................................171:5 rates.............................................. 171:7 stands .................................... 191:1201,1202 traffic rules for.....................................171:11 Tobacco (see also Cigarettes) use of, by Minors................................141:10(a) Toilet, see Building, Plumbing, Restaurants and Sewer Connections Trade crying sale of goods................................181:10 definitions.........................................181:1 license: application for ................................... 181:3 display of ....................................... 181:9 duration of ...................................... 181:7 fees............................................ 181:6 formof..........................................181:4 granting of......................................181:4 not required....................................181.12 required........................................181:2 revocation of...................................181.11 transfer of ....................................... 181:8 prohibited licenses..................................181:5 uninvited solicitors..................................182:1 Traffic accessories to violations............................191:2201 accident: clean up after.................................191.722.3 duty to notify police............................191:1807 generally................................191:1801-1811 information to be given.........................191:1803 reports confidential............................191:1811 reports, generally.........................191:1801-1811 reports, when required..........................191:1806 advertising, use of vehicle for ......................191:1120 aiding and abetting violations ......................197:2201 air raids, traffic during................................81:4 a I leys: emerging from.................................1911910 parking in....................................1910 115 speed limit in...................................191:405 animals, rules applicable to........................197:2006 application of rules to various vehicles ................191:914 application of traffic ordinance .......................191:911 arrest procedure............................191:2101-2105 authorized emergency vehicles; see under this heading emergency vehicles auxiliary lights............................191:1709, 1717 axle load..................................191:1602,1603 backing........................................191:1005 back up to curb..................................191:1102 back-up lights.................................191:1712.3 bells forbidden................................191:1721.2 bicycles: brakes required on.............................191:1910 curfew on operation of..........................191:1909 lights on.....................................191:1908 loading of....................................191.1907 manner of riding ...................41:9-10; 191:1902, 1903 motor.........................................41:9-10 motor scooters..................................41:9-10 to yield right-of-way on sidewalks ................191:1906 traffic rules applicable to........................191:1901 use of road by.................................191:1905 blind persons.....................................191:804 blocking traffic...............................191:403, 724 blocking vision of driver............................191:723 brakes. bicycles......................................191:1910 stopping distance of............................191:1720 types of......................................191:1719 vehicles required to have........................191:1719 bridges: loads on ......... ............................ 191:1606 speed on......................................191:406 building, emerging from............................191:910 bumpers........................................191:1728 bus stops .................................. 191:1201,1202 buses: clearance and marker lamps on..................191;1705 parking and stopping of.........................191.1207 width of....................................191:1503.1 candle power, maximum allowable .................. 191;1717 careless driving, definition of ........................191:301 chains, use of tire...............................191:1726.3 chauffeur, definition of.............................191:210 chauffeur's license; see under this heading license (chauffeur's) clearance lamps.................................191:1705 cleats on tires..................................191:1726.3 coasting.........................................191:713 collisions, generally ..... ..................... 191:1801-1811 condition of vehicles, generally .................191-1701-1732 conspiracy to violate ordinance .....................191:2201 conviction not affecting credibility of witness .......... 191:2203 conviction, record of, not admissible in civil action ..... 191:2202 crosswalks: rules at....................................191:801-809 stopping on....................................191:726 use of ............................ ........ 191:807,809 damage to highway, liability for....................197:1610 defacing signs...................................191:2004 definitions...................................191:101-157 dim lights, use of.................................191.1715 direction blinkers........................191:1710.2, 1710.3 disabled vehicles, parking of .......................191:1103 displaying vehicle for sale..........................191:1104 divided highways.................................191:709 double center line.................................191:709 double parking..................................191.1116 driver's license; see under this heading license (driver's) driveway, emerging from...........................191.910 "drive -yourself" businesses.........................191:1119 driving rules..................................191:701-726 driving without a license, penalty for..................191:206 drunk driving, penalty for.........................191:303.1 drunk driving prohibited............................191:303 drunkometer test..................................191:304 emergency vehicles: duty of care in driving...........................191:907 duty of drivers on approach of....................191:907 sirens......................................791:1721.2 speed of......................................191:407 —93— special rules for..........................191:914.1, 914.2 truck routes; need not use .......... ............ 191:1402.4 employee, illegal driving by ..................... .... 191:302 enforcement of traffic rules....................191:2001-2003 equipment of vehicles: generally................................191:1701-1732 scope and effect of regulations for................1910701 evidence...................................191:2202-2204 exits, parking so as to block ....................191.1106.17 explosives, vehicles carrying........................191:1731 fender lights..................................191:1712.1 fire escape, parking so as to block ................191:1106.17 fire hoses, vehicles crossing........................191:908.1 flags. - approved type of............................191:1730.4 what vehicles to carry.........................191:1730.3 flares: approved type of.............................191:1730.4 use of ...... ................................ 191:1730.5 what vehicles to carry.........................191:1730.1 fog lights ................................. 191:1709,1717 following fire engines..............................191:908 following too closely................................191:708 frost shields...................................191:1729.5 funeral procession................................191:909 garages to report vehicles struck by bullet ........... 191:1810 gates on trucks...................................191:1611 gross weight formula..............................191:1602 headlights: dimming of..............................191:1714-1716 generally ...................... 191:1703,1708,1714-1718 intensity of...............................191:1714-1717 height of vehicles ................................. 79"504 highway, liability for injury to ......................191:1610 hitchhiking......................................191:810 hitching onto vehicle...............................191:714 hitching rides...................................191:1904 hit -run driving..............................191:1801-1805 horns required on motor vehicles ....................191:1721 horses, standing.................................191:1117 hospital quiet zones ..... ........................... 191:721 house trailers, parking of........................191:1106.16 identification lights...............................191:1711 illegal driving at direction of owner or employer ........ 191:302 impeding traffic..................................191:403 impounding vehicles.........................191:1118,1119 injury To highway, liability for ......................191:1610 intersections, vehicles entering ...................191:901-904 jumping on vehicles...............................191:715 keep to right.....................................191:701 lamps on projecting loads........................191:1505.2 lanes...........................................191:707 leaking loads...................................191:1612 left turn; see under this heading, turning length of vehicles.................................191:1505 liability for damage to highway .....................191:1610 license (chauffeur's): for school bus drivers...........................191:210.4 required.......................................191:209 license (driver's): display of.....................................191.203 not required...................................191:202 offenses regarding..............................191t204 possession of....................................191:203 required.......................................191:201 revocation of.................................191:303.1 surrender of...................................191:208 suspension of..................................191:208 license number plates: display of...................................191:601-603 legibility of....................................191:603 unlawful use of.................................191:604 lighting of vehicles, visibility of................191:1702, 1708 when required...........................191.1702, 1708 lights: approved types only to be sold or used.. ........191:1718 back-up....................................191:1712.3 bicycle.......................................191:1908 dim..........................................1910 715 direction blinkers......................191:1710.2, 1710.3 elevation of, on vehicles.........................191:1713 fender......................................191:1712.1 head .......................... 191:1703,1708,1714-1718 identification..................................191:1711 parked vehicles................................191:1707 parking......................................191.1712 prohibited types .. ........................ 191:1713,1718 selection of beams on......................191:1714-1715 signal........................................191:1710 stop.................................191:1710.1, 1710.3 tail ...... .... ..191:1704,1708 limited parking zones.............................191:1110 loads: limits on.................................191:1601-1610 on bridges....................................191:1606 pneumatic -tired vehicles ....................191:1601, 1602 seasonal restrictions on .................. ........ 191:1609 spilling or leaking..............................191:1612 vehicles not having pneumatic tires................191:1605 locking parked passenger automobile ..............191:1114.2 locking wheels of parked vehicle ................... 191.1114.3 lugs.........................................191:1726.3 lumber loads .................................. 191:1503.3 marker lamps .............................. ..... 191:1705 meeting oncoming traffic............................191:702 metal of tire on roadway .... ..................... 191:1726.2 meters, parking .................... .............. 191:1111 moving illegally stopped vehicles ....................191:1113 moving parked vehicles..........................191:1112.1 moving parked vehicles for street maintenance operations..................................191:1112.2 moving vehicles into prohibited area..............191:1106.15 mufflers........................................191:1722 municipal court .............................191:2101, 2102 negligence, violation as evidence of..................191:2204 no parking zones ............................ 191:1106,1107 noise, maintenance and loading of vehicles so as to avoid ................... .............. 191:1404 notification slips.............................191:2101-2105 obstructing driver's vision............................191:723 obstructing traffic ....... .......................... 191:724 one-way traffic...................................191:706 overhead pedestrian crossings .......................191:806 parked vehicle: collision with..................................191:1804 displayed for sale..............................191:1104 lighting of...............................191:1707, 1717 parking: adjacent to school............................191:1106.13 alley, in front of..............................191:1106.2 backing up to curb.............................191:1102 disabled vehicles..............................191:1103 driveway, in front of ......... :................ 191:1106.2 house trailers...............................191:1106.16 in street car or bus stop............, ...........191:1106.9 in tunnel..................................191:1106.14 method of....................................191:1101 near crosswalk...............................191:1106.6 near excavation or obstruction ................191:1106.12 near fire station.............................191:1106.11 near hydrant................................191:1106.4 near railroad crossing........................191:1106.10 near safety zone..............................191:1106.8 near signal ............... :.................. 191:1106.7 on a grade..................................191:1114.1 on bridge..................................191:1106.14 on crosswalk................................191:1106.5 places where unlawful...........................191:1106 within intersection............................191:1106.3 parking lights...................................191:1712 parking meter zones...............................191:1111 parking tickets..................................191:2102 parking zones generally.......................191:1107-1111 parties to violation ............ ...................191:2201 passenger loading zones...........................191:1109 passing: at crosswalk...................................191:803 generally..................................191:703-705 school buses...................................191:720 street cars.....................................191:716 pedestrian rules...............................191:801-813 pedestrian tunnels................................191:806 pedestrians: right-of-way....................................191:802 right-of-way over bicycles on sidewalks.............191:1906 traffic -control signals apply to......................191:913 walk on left side of roadway ......................191:811 yield right-of-way where no cross walk..............191:805 pedestrians, vehicles to exercise due care toward ........ 191:808 permit: for exceeding load limitations ....................191:1608 for use of movable tracks.......................191:1726.4 police officers, obedience to..........................191:12 police to enforce rules.............................191:2001 police to report accidents ......................191:1808, 1809 projecting loads, lamp or flag on....................191:1706 projecting loads on passenger vehicles.............191:1503.4 public employees and vehicles ................191:914, 1402.4 quiet zones......................................191:721 railroad crossings: stop for.....................................191:501505 wait at.......................................191:502 rear lights and reflectors ......................191:1704, 1708 rear view mirrors................................191:1723 record of conviction not admissible in civil action ....... 191:2202 reduced speed, when required ......................191:404 reflector units, what vehicles to carry ........ 191:1730.1, 1730.2 reflector units, approved type of...................191:1730.4 registration of vehicles required ......................191:601 removal of vehicles..........................191:1118, 1119 renting motor vehicle to unlicensed driver.............191:205 repairing vehicle on highway .......................191.1105 restrictions on trucks on certain streets...............191:1609 restrictions, seasonal, on operation of vehicles ........ 191:1609 reversing direction of travel.........................191:711 right, keep to......................................191:701 right-of-way: pedestrians.................................191:801-813 vehicles .... ................................ 191:901-914 right turn; see under this heading, turning rules: for drivers.................................191:701-726 for pedestrians..............................191:801-813 safety' devices, generally......................191:1701-1732 safety glass.....................................191:1729 safety of vehicles, generally ........ . ..........191:1701-1732 safety hitches..................................191:1732.3 safety zones ................................. 191:717,718 school buses: marking of...................................191:720.2 passing.......................................191:720 stop for.......................................191:720 school safety patrol................................191:813 seasonal restrictions on vehicle operation.............191:1609 sidewalks: crowding on...................................191:812 driving on.....................................191:726 pedestrians to use...............................191:811 signal lights.....................................191:1710 signals; see under this heading, traffic -control signals signals: by drivers................................191:1001-1007 methods of giving..............................191:1006 required for turning........................1914001, 1002 sirens on authorized emergency vehicles ............ 191:1721.2 sirens prohibited...............................191:1721.2 size of vehicles..............................191:1501-1505 solid rubber tires...............................191:1726.1 speed: as forfeiting right-of-way.........................191:904 general rule...................................191:401 impeding traffic.................................191:403 in alleys.......................................191:405 limit on.......................................191:402 on bridges.....................................191:406 reduced.......................................191:404 summons and complaint to state...................191:408 speed limits not to affect proof in civil actions.......... 191:409 speedometer on trucks and tractors ..................191:1727 spilling loads...................................191:1612 spot lights .....................................191:1709 starting a parked vehicle............................191:712 stop: at scene of accident........................191:1801-1805 behind street cars...............................191:717 for school buses................................191:720 for through streets...............................191:906 when emerging from alley, driveway or building ...... 191:910 stop lights on vehicles.....................191:1710.1, 1710.3 stop signs.......................................191:906 stop-and-go-signs.................................191:913 stopping suddenly...............................191:1004 street, liability for injury to........................191:1610 street cars: gates to be kept closed..........................191:1303 generally................................191:1301-1304 rules applicable to........................191:914.4, 1304 standing or lying over ......................191:1301, 1302 stop for ............. .......................... 191:717 street maintenance, authority to move parked vehicles.. 191:1112.2 tail gates on trucks ........... ..................... 191:1611 tail lights and reflectors ..................... 191:1704, 1708. tampering with parked vehicles ............... :.... 191:1112.1 taxicab stands..............................191:1201, 1202 taxicabs, stopping and parking of...................191:1201 television in motor vehicle .......................... 191:1725 temporary restrictions on vehicle operation ............ 191:1609 temporary signs prohibiting parking ...............191.1106.18 through streets or highways, stop for.................191:906 throwing objects on street ........................... 191:722 ticket, traffic ................................ 191:2101-2105 timber loads...................................191:1503.3 towing, rules for..................................191:1732 tracks, movable, use of..........................191:1726.4 tractor (farm), width of..........................191:1503.2 traffic -control signals: for drivers and pedestrians ........................ 191:913 interference with ................................ 191:725 obedience to...................................191:719 Pedestrians subject to............................191-801 unauthorized..................................191:2005 traffic tickets...............................191:2101-2105 trailers, hitching of ........ . ..................... 191:1732.3 truck routes: generally.....................................191:1401 signs designating ........................ 191:1401, 1402.5 use of, required................................191:1402 use of, not required..........................191:1402.3 trucks: clearance and marker lamps on..............191:1705, 1706 following each other............................1910 403 gates on.....................................191:1611 loading zones.................................191:1108 (see under this heading, truck routes) turning: generally......................................191:710 permitted only when safe........................191:1001 signal required...........................191:1001, 1002 turning around....................................191:711 —95— turning left, right-of-way of vehicle ...................191:905 turning lights on vehicles .................. 191:1710.2, 1710.3 „U" turns .......................................191:711 unauthorized regulation of traffic ...................191:2002 unauthorized signs, etc............................191:2003 unlicensed driver, owner permitting use of motor vehicle by................................191:207 unlicensed driver, penalty...........................191:206 unlicensed driver, renting motor vehicle to.............191:205 vehicles, limitations on size of ..................191:1501-1505 violation as evidence of negligence ..................191:2204 vision of driver, interference with .....................191:723 washing vehicle on street..........................191:1105 weighing of vehicles..............................191:1607 weight of vehicles, seasonal restrictions on ............ 191:1609 weight of trailers.................................191:1604 weight limits...............................191.1601-1610 whistles forbidden..............................191:1721.2 width of vehicles.................................191:1503 windows of motor vehicles to be unobstructed..191:1724.1, 1724.3 windshield wipers..............................191:1724.2 windshields to be unobstructed ..............191:1724.1, 1724.3 work on streets, application of rules to..............191:914.3 Trash burning of, regulated...............................113:3-5 Trees and Shrubs control and care of, on public grounds................162:1-9 Utilities (see also Franchises, Garbage, Gas, Sewers, Sewer Connections and Waterworks) defrauding public utilities..........................141:13(g) Vehicles use of for immoral or illegal purpose a nuisance....... 143:3(a) Village Council adjournment of ................................... Il:1:V order of transaction of business......................I I:1:VI1 rules of order........................................11:1 Violations, see Penalties Voting clerk in charge of registration .........................251:2 commissioner of registration...........................251:2 deputies and clerks of commissioner of registration ........ 251:4 oath of registration officers............................251:5 registration of voters required ........................251:1 report of deaths.....................................251:3 Waterworks bills for services....................................241:4 changes in rates, etc.................................241:1 connections to lots not assessed ........................241:5 generally........................................241:1-6 liabilities of system..................................241:2 liens on system......................................241:2 meters............................................241:4 rates and charges....................................241:3 repairs and replacements of meters and service lines........................241:4(d), (e), (g) & (h) shutting off water .....................241:4(c), (f), (g) & (h) taxes on system.....................................241:6 Zoning administration of ordinance..........................261:7:7 amendment of ordinance............................261:7:6 bay windows....................................261:3:13 boundaries, commercial district .......................261:5:1 boundaries, community store districts ..................261:4:1 boundaries, open development district .................261:3:1 building permit to be denied for violation ............ 261:3:4(d) buildings adjacent to platted land....................261:3:7 cemeteries ...... ................................261:3:16 chimneys and fireplaces............................261:3:12 commercial district ...............................261:5:1-3 community store districts...........................261:4:1-6 corners of lots, platting of..........................261:3:6 corner lots, structures on ......................261:3:9, 10, 11 cornices........................................261:3:12 definitions ................... .................. 261:6:1-36 districts established, in general ........................261:2 driveways........................................261:3:9 eaves..........................................261:3:12 enforcement of ordinance............................261:7:7 frontage of buildings on streets ......................261:7:5 garages ..................................... 261:3:2(s),9 generally........................................261:1-7 hearing on amendment of ordinance ..................261:7:6 height of buildings ................ 261:3.14, 261:4:4 & 261:5:2 hospitals........................................261:3:16 institutional buildings ................ .............. 261:3:15 interpretation of ordinance... l.....................261:7:9 intersection, structures at ......... ............. 261:3:9, 10, 11 invalidity of ordinance, partial ......................261:7:10 loading areas for buildings ..................261:4:4, 261:5:2 location of buildings on lot or tract .................261:3:2(s) & (t), 3, 8, 9, 10, 12, 13 lots, platting corners of.............................261:3:6 lots; size, frontage and depth of...............261:3:4, 5, 8, 10 open development district .........................261:3:1-16 open spaces on lots ........... 261:3:2(s) & (t), 3, 8, 9, 10, 12, 13 open spaces, projections into ....................261:3.12, 13 penalties for violations..............................261:7:8 porches.........................................261:3:13 public buildings ............ .............. 261:3:15, 261:7:3 reconstruction of non -conforming buildings.............261:7:2 sanitariums......................................261:3:16 set -back of building front .............. ........... 261:3:9, 10 size of lots................................261:3:4, 5, 8, 10 use of reconstructed buildings .... .................... 261:7:2 uses permitted in commercial district ...................261:5:3 uses permitted in community store districts ........ 261:4:2, 3, 5, 6 uses permitted in open development district ............ 261:3:2 uses prior to May 28, 1931..........................261:7:1 violation of ordinance.....................261:3:4(d), 261:7:8 yards for buildings .........................261:8, 9; 261:7:4 —96— No. 161 AN ORDINANCE REQUIRING THE REMOVAL OF ACCUMULATIONS OF SNOW AND ICE FROM SIDEWALKS AND PROVIDING A METHOD OF PROCEDURE IN CASE OF FAILURE OF PROPERTY OWNER OR OCCUPANT TO COMPLY WITH THE PROVISIONS HEREOF Section 1. Snow and Ice a Nuisance. All snow and ice remaining upon public side- walks is hereby declared to constitute a public nuisance, and shall be abated within 12 hours after such snow or ice has ceased to be deposited, (a) in the case of snow and ice remain- ing on a sidewalk in front of a building, by the owner or occupant of such building; (b) in the case of snow and ice remain- ing on a sidewalk in front of vacant prop- erty, by the owner of such property. Section 2. Street Commissioner to Remove Snow and Ice. The street commissioner shall cause to be removed from all public side- walks, beginning twelve (12) hours after any snow or ice has ceased to fall, all snow and ice which may be discovered thereon, and he shall keep a record of the cost of said removal and the lot or lots adjacent to which such accumulations were found and removed, and shall deliver such information to the clerk as soon as the work of removal is completed. Section 3. Cost of Removal to be Assessed. The clerk shall, upon direction of the council, on receipt of the information pro- vided for in the preceding section to be delivered to him by the street commissioner, extend the cost of said removal of snow or ice as a special tax against the lots or par- cels of ground abutting on walks which were cleared, and such special tax shall at the time of certifying taxes to the county auditor be certified for collection as other special taxes are certified and collected. Section 4. Civil Suit for Cost of Removal. The clerk shall, at the direction of the coun- cil, bring suit in any court of competent jurisdiction to recover from the person own- ing land adjacent to which sidewalks were cleared, as provided in Section 2 hereof, the cost of said clearing and the costs of suit in a civil action. Section 5. Clerk to Report Sidewalks Cleared. The clerk shall present to the coun- cil at its first meeting after any snow or ice has been cleared from the sidewalks as provided in Section 2 hereof the report of the street commissioner thereon, and shall request the council to determine by resolu- tion whether the procedure provided in Sec- tion 3 or Section 4 of this ordinance shall be followed, or whether the person violat- ing Section 1 should be prosecuted in the municipal court of the Village for commit- ting a misdemeanor, or whether two or more of said procedures should be followed. No. 162 AN ORDINANCE TO PROTECT THE PUBLIC SAFETY BY REGULATING THE PANNING AND CARE OF SHADE AND ORNAMENTAL TREES AND THE CUTTING OF GRASS PLOTS ALONG PUBLIC STREETS Section 1. Street Commissioner to Control Trees. The street commissioner shall have, under the direction of the village council, control and supervision over all trees bor- dering or overhanging all public streets, alleys and highways, and all grass plots bordering public streets, alleys and high- ways. The word "tree" as used herein shall be deemed to include shrubs. Section 2. Commissioner May Order Work Done. Whenever the street commissioner shall find that any tree located as aforesaid needs trimming, removal, treatment or other care in order to preserve the same in good condition or to protect the public from dam- age or injury he shall, upon direction of the village council, see that the necessary work is done. He shall keep an account of the cost of such work. Section 3. Permit Necessary to Remove and Trim Trees. No person shall trim, cut or remove any tree which is under the su- pervision of the street commissioner, or any part thereof, without first procuring from the council a permit to do so, or shall ex- ceed the authority conferred by such a per- mit. Section 4. Authority of Commissioner and Council to Issue Permit. Any person desiring a permit as required in Section 3 hereof shall make application therefor to the street commissioner. If in the opinion of the street commissioner the trimming or removal of the trees mentioned in the said application is in the best interest of the Village, he shall so advise the council, which may authorize him to issue said permit, indicating with reasonable certainty the extent of the au- thority thereby conferred. If he disapproves the issuance of such permit, the applicant therefor may appeal from his disapproval to the council, whose action thereon shall be final. Section 5. Permit to Plant Trees in Public Ground. Any person desiring to plant any tree or trees in any public ground shall make application to the street commissioner for a permit to do so. If he approves the location and kind of trees, he shall issue the permit. If he does not approve such appli- cation, the applicant may appeal from his disapproval to the council, whose action shall be final. Section 6. Commissioner to Draw Up Plan. The street commissioner shall cause a com- prehensive plan to be made of all proposed locations for trees on public property, and the type and kind of trees to be planted at each location, provided that no box elder or cottonwood shall be permitted in any street or public ground. When such plan has been adopted by the council, all future planting shall be done in accordance with such plan. Section 7. Trees Menacing Public Safety to be Reported. Every property owner whose property abuts on a public street shall no- tify the street commissioner at once when the condition of any tree thereon or in the grass plot adjacent thereto is in such con- dition as to be a menace to public safety. Any tree whose branches are closer than eight feet above the surface of any street is hereby declared to be a menace to public safety. Section 8. Duty of Property Owners to Cut Grass and Weeds. Every owner of plot- ted property abutting on any platted public street or alley shall cause the grass and weeds to be cut from the line of such prop- erty nearest to such street or alley to the center of such street or alley. If the grass or weeds in such a. place are twelve inches or more in height it shall be prima facie evidence of a violation ,of this section. Section 9. Commissioner May Order Work Done. The street commissioner shall cut and destroy all grass and weeds growing within the platted limits of any public street or alley when the same are not cut by the property_ owners as required by Section 8 hereof. He shall likewise keep an accurate account of the cost of such cutting opposite each lot and certify the same to the council, to be specially assessed against the abut- ting property. No. 1.63 AN ORDINANCE CREATING STORM SEWER DISTRICTS IN THE VILLAGE OF EDINA Storm Sewer District No. 10. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Storm Sewer District No, 10: Commencing at the Northwest corner of Lot 1, Block 1, Stevens First Addition, thence South along the West line of said Lot 1, and same extended to the North line of Lot 7, Block 1, Stevens First Addition; thence West to the Northwest corner of said Lot 7; thence South along the East line of the alley in said Block 1, Stevens First Addition to the North line of Glenview Addition; thence West along said North line of Glenview Addition to its intersection with the East line of Brucewood, a duly platted addition within the Village of Edina; thence South to the Southeast corner of Lot 8, Block 3, Brucewood; thence West to the . Southwest corner of said Lot 8;. thence Westerly to the Northeast corner of Lot 19, Block 2, Bruce - wood; thence Westerly to the Northwest corner of said Lot 19; thence Northwesterly to the Northeast corner of Lot 8, Block 2, Brucewood; thence Southwesterly to the Northwest corner of said Lot 8; thence Southerly along the Easterly line of Bruce Avenue to the Northwest corner of Lot 12, Block 2, Brucewood; thence Southwesterly to the most Northerly corner. of Lot 7, Block 1, Brucewood; then Southeasterly to the Southwest corner of said Lot 7; thence Easterly and Southerly along Minnehaha Creek to . the Southwest corner of Lot 6, Block 1, Brucewood; thence Southeasterly to the Southeast corner of said Lot 6; thence Southerly along the Easterly line of Lot 5, —43— Block 1, Brucewood, and the same extended to the South line of West 52nd Street; thence East to the Northwest corner of Lot 1, Block 2, South Harriet Park 2nd Addition; thence Southerly along the East- erly line of the alley in said Block 2, South Harriet Park 2nd Addition to the North line of West 54th Street; thence East to the Southeast corner of lot 19, Block 1, South Harriet Park 2nd Addition; thence Northerly along the North and South center line of Block 1, South Harriet Park 2nd Addition to the Southwest corner of Lot 2, Block 1, South Harriet Park 2nd Addition; thence East to the Southeast corner of said Lot 2; thence North along the West line of France Avenue to the Northeast corner of Lot 46, Auditors Subdivision No. 172; thence West along the North line of said Lot 46 a dis- tance of 135 feet; thence North parallel to France Avenue to the North line of Lot 56, Auditors Subdivision No. 172; thence West to the Southeast corner of Lot 54, Auditors Subdivision No. 172; thence North parallel to Halifax Avenue to the South line of 50th Street; thence West along the South line of 50th Street to the point of beginning. Reference is hereby made to the plats of said additions on file and of record in the office of the Register of Deeds in and for said Hennepin County. Storm Sewer District No. 11. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Storm Sewer District No. I]: Beginning at the Southeast corner of Lot Five (5), Block. One (1), Stevens First Ad- dition, thence West on the South line of said Lot Five (5) across Indianola Avenue on this South line of said Lot Five (5) ex- tended to the Southeast corner of Lot Six (6), Block Two (2), Stevens First Addition, thence West on the South line of Lots Five (5) and Six (6), Block Two (2), Stevens First Addition and across Juanita Avenue on this line extended to the West line of Jay Place; thence North on this West line of Jay Place; thence to the South line of West 50th St.; thence West on the South line of West 50th St., to the center line of Arden Avenue; thence North on the center line of Arden Avenue to its point of inter- section with the center line of West 50th St.; thence East on the center line of West 50th St. to its point of intersection with the East line of Lot Two (2), Block One (1), Stevens First Addition extended; thence South on this East line of said Lot Two (2) extended to the Southeast corner of said Lot Two (2); thence West on the South line of Lot Two (2), Block One (1), Stevens First' Addition a distance of Twenty-five and Sixty-nine One Hundredths Feet (25.69') to its point of intersection with East line of Lot Four (4), Block One (1), Stevens First Addition extended North; thence South on this East line of Lot Four (4), extended to the Southeast corner of said Lot Four (4); thence South on the East line of Lot Five (5), Block One (1), Stevens First Addition to the point of beginning. Storm Sewer District No. 12. The real property in the Village bounded by a line drawn as follows is hereby created and es- tablished as Storm Sewer District No. 12: Beginning at the Southeast (SE) corner of Lot Twenty-seven (27) Auditor's Subdivision No. 172; thence West on the South line of said Lot Twenty-seven (27) a distance of Sixty-nine (69) feet to the Southwest corner of said Lot Twenty-seven (27); thence North on the West line of said Lot Twenty-seven (27) a distance of Seven (7) feet to the Southeast (SE) corner of Lot Twenty-eight (28), Auditor's Subdivision No. 172; thence West on the North line of West 50th Street a distance of Six Hundred and Forty-two Hundredths (600.42) feet more or less; thence North a distance of Four Hundred Fifty-seven and Five -tenths (457.5) feet; thence East on a line parallel to and distant One Hundred Thirty-five (135) feet North from the North line of the Street now known as West 49�/2 Street a distance of Six Hun- dred Sixty-nine and Forty-two Hundredths (699.42) feet more or less to its point of intersection with the West line of France Avenue; thence South on the West line of France Avenue a distance of Four Hundred Sixty-four and Five -tenths (465.5) feet more or less to the point of beginning. of said North -South alley to the Northwest corner of Lot Nine (9), Block Two (2), South Harriet Park Second Addition; thence East along the North lot line of said Lot Nine (9), Block Two (2), to the Southwest corner of Lot Thirty-two (32), Block One (1), South Harriet Park Second Addition; thence North along the West line of said Lot Thirty-two (32), Block One (1) to the Northwest corner of said lot; thence East along the North lot line of said Lot Thirty-two (32), Block One (1), to the Southwest corner of Lot Seven (7), Block One (1), South Harriet Park Second Addition; thence North along the West lot line of said Lot Seven (7), Block One (1); thence East along the North lot line of said point of beginning. f No. 164 AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES IN THE VILLAGE OF EDINA Storm Sewer District No. 13. The real 1. Old County Road No. 2, running property in the Village bounded by a line southwesterly from West 50th Street to drawn as follows is hereby created and es- Highway No. 169 (Eden Prairie Road) re- tablished as Storm Sewer District No. 13: named "Eden Avenue." Beginning at the Northeast corner of Lot 2. Unnamed roads running north from Nineteen (19), Block One (1), Brucewood Interlachen Boulevard north to the Minne- Addition; thence South along the West line opolis-St. Paul Suburban Railway right of of Bruce Avenue to the Northeast corner of way through Cooper property, renamed Lot Eight (8) of said block; thence South "Cooper Circle East and Cooper Circle along the East line of said lot to Minnehaha West" Creek; thence in a Westerly and Northerly 3. Main Street, running south from Min - direction upstream along Minnehaho Creek neapolis-St. Paul -Suburban Railway thence to the Northwest corner of Lot Nineteen southwesterly in vicinity of Mirror Lake and (19) of said block; thence' East along the along the south shore of Mirror Lake, North line of said Lot Nineteen (19) to the thence south - so-called Jones Road - re - point of beginning. named "Blake Road." Storm Sewer District No. 14. The real 4. Unnamed road, extension of Inter - property in the Village bounded by a line lachen Boulevard, running west approxi- drawn as follows is hereby created and es- mately one-half mile from Blake Road, re- tablished as Storm Sewer District No. 14: named "Interlachen Boulevard." Beginning at the Southeast (SE) corner of 5. County Road 39, from corner of West Lot 49, Auditor's Subdivision No. 172; 62nd Street and State Highway 100 and running southwesterly to Poor Farm Road thence West on the South line of said Lot 49 a distance of WON' to the Southwest on the west Village limits, renamed "Valley (SW) corner of Lot 49; thence North along View Road." East line of Lots 55, 53, 52, 51 and 41 6. Road often referred to as the Gleason a distance of 264' to the Northeast (NE) Road running from Valley View Road to corner of Lot 41, Auditor's Subdivision No. State Highway 169, to be -known henceforth 172; thence West on the South line of as "Gleason Road." Lot 43, Auditor's Subdivision No. 172 a dis- 7. Unnamed road running south from tance of 155'; thence North on a line paral- West 70th Street, Cahill School Corner, lei to and distant 155' West from the East south to Highway No. 5, named "Cahill line of said Lot 43 a distance of 356' to Road." the South line of W. 50th Street; thence 8. Extension of West 70th Street, west East on the South line of W. 50th Street of Cahill Road intersection at Cahill School, a distance of 455, more or less' to the extending a distance of approximately one - Northeast (NE) corner of Lot 47, Auditor's half mile, named "West 70th Street" Subdivision No. 172; thence South on the 9. So-called Olinger Road running south East line of Lots 47, 45 and 49, Auditor's and west from Highway 169 to Valley View Subdivision No. 172 a distance of 620' Road, to be known henceforth as "Olinger more or less to the point of beginning. Road." Storm Sewer District No. 15. The real 10. So-called Hansen Road running south property in the Village bounded by a line from State Highway 169 (if and when ex - drawn as follows is hereby created and es- tended to Valley View Road) shall hence tablished as Storm Sewer District No. 15: forth be known as "Hansen Road." Beginning at the Northeast corner of 11. Josephine Lane, extending between West 48th Street and West 49th Street, Lot Seven (7), Block One (1), South Harriet Park Second Addition, thence South along renamed "Westbrook Lane." the West line of France Avenue to the North 12. Market Street, extending between line of W. 54th Street; thence West along France Avenue and Halifax Avenue, re - North line of W. 54th Street to the East named "West 49�/2 Street" line of the North -South alley in Block Two 13. Unity Avenue, lying between Lake- (2), South Harriet Park Second Addition; view Drive and Southview Lane, renamed thence Northeasterly along the East line "Sherwood Avenue." -44- /(r • 1.3 . 17. 9 OHDINAW NO. 164-1 fili UF lZik ORDINANCE ISO. 164; ENTIA11 NY KUTPANCE NW:n ;7K WAKING CERTAIN ROADS$ STEEW VQ 1KNUES TN T& VYWAGE CF EDINA, THE VILLAGE COUNCIL OF THE VILLIBE OF ZOINA2 MIRMLSOTAP DOES ORDAI., F01,L(!.-,r,3: Section 1. Ordinance ro. 160 of the Village is hereby noondad by adding,, after Section 13, the following: "14. 'Nelson Avenuelis hereby renamed 'Spruce Roadi.11 Section 2. This Ordiiranca stall be in effect from ant ofter its passage and publication accard4np to law. Adcpt;d by tho Edina Village Council this 11th day of May, 1953. (Signed) REU37N F. EhICTSON ATTEST: (Signed) WALD C. WAK Vil lagc Clerk Published in Edina-MorninEskc Courier un," 1953. U-1 ORB111ANCE NO. 164-2 AN ORDINANCE MENDING VILLAGE OF EDINA ORDINANCE NO, 164; ZM211._-;'D NXN 0±iD7 TA.,ICF. Pv11?.ill :. AND C 11 TY0,N R010S, STRE:-,I'z,'. D r r , THE „ . �V'.����� U�„ 1id T F��; VILLAGE- Or �D -INA m THE VILLAGE COUNCIL Or TM ' VILLAGE OF :"D:t.4A, DOSS Df1r AS FOT-T,M S: Section 1, Ordinance No. 04 of the Viija o is fie eby anende d by adding after Section 14, the sol.l.owlnE: 1°15. That portion of .ioJ' Gireat i lying _ at z;IState H.j &sf I'in a 100 cz.Ti.d Tingdole A4'f..inue in hereby renamed 'Benton Avenue'." Section 2. This Ordinance shall_ be in ef°f ect from ,nnd after its passage and publication according to law, Adopted this .27th day 6f July, 1953. 1lTT :mil ° (Sinned) EVALD C. BANK Village Clark ply>or Published in Edina-Yorningside Courier August 27, 103, ORDITTANTCE NO, 164-3 A1-ENDING VILLAGE OF =INA ORDIINDUTCE 64, ITIZ 1101 ORD 'JINCE '-IT'G ' JD R.F, 7!,NT D N U4 r -T' , - - - I IE IN G� iL STREEE3 -'I.'-'I.'N iO.ADS, VILLAG OF EDINA THE VILUGE --1, QT-7 NCIL '-!K-.i I J;T-AGI]T"' T;-,- ,-'-I ; 1116. 'josephine -,-0renue,-' 71-yin, and, -51st I Torl-I is hereby ranamue. , 1� ..andal-, Section 2. This Ord:Lianca mmall be in effect froit and after its -passage ,d publicatinn according to law. Adopted tris d,&-,7- ol' ;;Fpluember, ".953. ATT'-,ST idayor (Sij7jed) EV111) C. 1-.';11K Village Clerk Published in 7',1'dina-"0--r-ninr,*ida Courier October 15& 1053. 0 0 CEDITNiLNGi-'D"A OP0INIVvCE rdO® 7"' 7,'"MING =dAIIN 164, ENTI'21 L"D 14 H00S 2 STZZfS A IZND '111' EDINA. zz THE V]71!,AG---71 "'MMIL OF TI-F---, V11'1- A I.G11" OF 7MINA,, M17fN:�I-XiT,.1 DOES ORDAIN AS FOLM)'. S o Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 16 the folloving, C' "IL 1-131-',,Johns P..va—ae" lying in Stocke & Hansonls Concord Terrace, and beture�.n West 1:Toodland Road and Fairfax Avenue, is hereby renamed 'Fairfax Scc i an ft4ts passar, e ,ion 2. This 01-d-Ly ce shall be in effect fro.-, ir.0, a.�' er and publication accordinr to lam. Adopted this 9th day of November, 1953. 1". 12ICKSON ATTEST: Mayor (Sioned) SU,D C. BA'1'-j'K Village Clerk Publis'lned in Ed-'.na-11orningside Courier Novi. ber 12 and 19, 1953. it ORDIIIdME NO. 161,A-5 40 AN Ci_;,DINA CE AIIENTDIPMG VILLAGE, OF EDINA ORDIIiANCE Im. 164 E17ITLET) '9 13 ORDINANCE ITLI.11ING 01D RENAMING CERTAIN ROADS, STU,EEETS AND AVE11-J ES OF THE VILLAGE OF EDINA," THE t"ILLA.G COUNCIL OF Tf'M VILLAGE OF EDINA, I-.II;INESO, A2 DOES 01�,DAIId AS FOLL(TAT,5 s Section L. Ordinance No. 164 of the Village is hereby amnded by adding after Section .17 "Section 1€, kll t:l t portion of 'Arthur Strestl lying in Schwrotes Addition is hereby renamed IRidge Roads " Section 2„ This Ordinance sra ll be in effect frog wad after its passage and publication according tc la-w, Adopted. this 24t;, day of Januzr� , 1955. (Signed) PEUBEN F. MiICKSOP: ATTEST : Mayor (Signed) GRETCHEN S. ALDIM Act:ung Village Clerk %ib?.ished in Fd:i.nagi orninr;sido, Courier January 27 and Febmary 3, 1955. • 0 C ^IPii>. vC NO. 164-•6 E1�I OrDI:. dGJ :�I,DI :s VILLAGE OF DI -A0111DINANCE NO. 164, ENTITLED tI,' N ORDL'dANCE N111ING .AND RENAIIING CE TAIN 1;OADSP STR, ETS AND AVEITUES OF THE VILLAGE OF EDINA•" T.HE VILLAGE, CCUTdCIL OF TH'� VILLAGE OF ZDIIT IiInDIESOTA, DOES ORDAIN AS FOLLa. S: Section 1, Ordinance No. 164 of the Village is hereby amended by adding after Section 18 the following: "Section 19. (a) 'Dancns Drive So.'is hereby renamed 'Abercrombie Dr.' (b) ;Iieadorr Ridge So.'is hereby renamed'Tifton Drive.' (c) Manens Drive io.'is hereby renamed 'Danens Drive.a (d) 'i-:eadow Ridge so.' is hereby renamed 'i-ieadow Ridge'." Section 2. This Ordinance shall be in effect fro.rni and after its passage and publication according to lay'. Adopted this 26th day ofepc ATTEST: (Signed) GRETCHEN S. :d,DEN Village Clerk (SiE-ned) F3LI;LN F. i�iL vf:J J Y I gyp. T Mayor Published in Edina-Morni_ngside Courier September 29 and October 6, 1955. VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA. ORDINANCE NO. 164--7 AN ORDINANCE A14ENDING VILLAGE OF EDINA ORDINANCE NOo 164 ENTITLED "AN ORDINANCE NAMING AND R&NAMING CERTALI ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL, OF THE: VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section le. Ordinance No,, 164 of the Village is hereby amended by adding after Section 19 the following: "Section 20, Ashcroft Avenue between St, Johns Avenue and W, 64th Street is hereby renamed 1°Ashcroft Lane". Section 2, This Ordinances shall be in effect from and after its passage and publication according to law. Adopted this 13th day of February,, 19560 ATTEST: (Signed) GRETCHEN So ALDEN Village Clerk 0 (Sip-ned) Reuben F. Erickson Mayor s ORDINMXE NO, 164-8 A111 ORDUTA110E 1111,01DING VILIAGE OF ED.TLNA OMMIANCE _jETJED "All ORDMIANCE NAVaNG AND REINJUK24C .1 0-MITAUT RWIS, S-1-REETS ILMD AVEMES OF THE VILLAGE OF ED RIA T117F, VILLIGE CCUNCIL OF TIE V.MAGE OF ZT-MM, MUMI&SOTA, ORDATINIS-, S-setion 1. Ord:Ummce No. 164 of tho "7111age is hereby nmended by adding after Se(>Unn 20 the folloaing. Seation 21. (a) ToTwn Rmd Is he.-eby remmed R(7j3HflR ROAD. (b" Th,�Yt me4 of 'r'-'.erjuire Road lying Wort,h of Brook A-r.,C-Ziue -is faereby royiamed GALE'AY DRIME. (c) 1..ve1^iae lo 1'Ley-,C-1, ,,y X-t-; A Jn T 1, (d) North is har.-e:by renam-ad K111OLL, M-177-J3. (e) South Knoll is Jh.,ruby rena-me YJ,15mAP1 URIVE. (f) Crestiriew Drive ii� horeb-.-T rom. M-ed (g) That part of Bywood lyi-,ng bet-ween Annanway 'Drive and Merilane is hsrelby renamed -URIAIWAY DRIVE. (h) Enizag Avenue as platted 4z..n Block 21� 'Emn"m AWbott PCPali Ad.dn, is hereby remamed ,`,ARK AUTME.. SotrR,h OUnCer Road, a ntreet :Ly.-Lng 'betoween Tracy Axrenue and Olinger Road, is hereby renamed IN-83T 6210 ifest Iromois Trail Is hereb-,7 k j 1 lrenamed IROQUOIS TfUd' ( k't3st Irwi, .4. Huai Tr -j ereby rensmed MOHAWK TRAIL. ) - Section 2. Thir, shal l. bee in effeet 'from &-nd after its passage and pralblication according to law. Adopted 1-1As 13th daj of August, 1956., Al 'TEST' -. _(AjLjgj-dj Fubl-ish-e in Ed-Liam-11orningside Courier ifAtgust 22 and 29-p 1956, so ORDINAUCE NO. 164-9 AN ORDINANCE 1!-..q4DING VILLAGE OF ""DINA ORDINANCE NO. 164 -VTITLM "AN ORDINANO'l; NAl'-ING AND R—W&M-ING CERT-IdN -ROADS, STREETS WD 1V'.-VTtM9 OF THE' VILLAGE OF RDINA THE VILL�CTF COUNCIL OF THE VILLAGE OF EDINA, MlTNNL,,-,OTAj ORDAINS: iec,.lon I. Crelimnce No. 164 of the Village ir, hereby amen lt:d by dd-inrl after 5ect-lon =-L the following: r; n y- Tr - ---eby renum d "NDI"N' HILLS il(),AD i�, hc� ie I f-1 (b) strect-trcl,. lyin- betimer, Norrr�mdnle and 1,'Jorm.nndrile ,our t, is NO'i" XIPT. -dirance sh,�"U be in cfPect from. ).nd after its pA�:,�q ,?ction ". This Or ge ,id nublicition. r, , t.ecl t.izis -7th day of August, 1956. RTITM.R. C.. 131D.-ol .1 !,',iyor "ro Tem DER Village Clerk bl.ished in Courier September 13 and 20, 1956. � 0 ORDINANCE NO. 164-10 AN ORDINANCE UMNDDJG VILLAGE OF EDINA ORDIP3Ai10E NO. 164 ENTI IM "AN ORDINANCE NAMING AM 1,2NAIIING CkUi.^1 IN ROADS, STREETS AND AVE.'IRM Or, THE VILLAGE OF ED INA THE VJZLAGE COLNICIL OF THE, VML:IGE OF ia,DIl'JA, MIND SOT , ORDAINS: Section 1. Ordinance Yo. 164 of the Village is hereby amended by adding after Section 22 the f'ollo-wi.ng: Section 23. Roycar Road is hereby renamed OPUSKIRK LANE. Section 2. This Cr•cainance shall be in effect from and after its passage and publication. Adopted this 22nd day of October, 1956. ATTEa (Si ed) ARTHUR C . BREDESETI�� (Signed)GRID Cirff! S. ALDEN Mayor Village Clerk Published in Edina—Morningside Courier 8ete;6 November 1 and 8, 1956. �71 ORDINANCE NO. 164-11 AN ORDINANCE AP-4EI DING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 23 the following: "Section 24. That portion of Kaymar Drive lying between Blake Road and Knoll Drive is hereby renamed SOUTH KNOLL DRIVE. Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of January, 1957. ATTEST: (Signed) ARTHUR C. BREDESEN., JR. _ned GRETCHEN S. ALDEN Mayor Village Clerk Published in Tdina4lorninrside Courier January 24 and 31, 1957. i ORDINANCE NO. 164-12 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village is hereby amended by adding after Section 24 the following: "Section 25. Ormskirk Lane, formerly known as Roycar Roads is hereby renamed ROYCAR ROAD. Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 13th day of Mays 1957. ATTESTS -(SipnedI GRETCHEN S. A(Sian0 ARTHUR C. BREDESEN,� JR. Village Clerk LDEN Mayor Published in Edina-Morningside Courier May 16 and 239 1957. 0 • 1HEI INS VILLAGE OF EDINA ORDINANCE f . 'ITIED "AN ORDINAL CE NAMING Alri. RENAMING STRSTETS ANS Al" ENVIES OF THE VILLAGE-: OF EDINA 4A, MILWESUYA3, ORDAINSt rff .-fie; 111Z VILLAGE OF EDn,7 C* C! "il'aga is her��Ly airierided by t h L � -1 aldino followinq.* Lh I S -a 26 " Errirger Road is hereby renamed PINE M30VE ROAD. S11,r,tic-1, 2. Tinis, Cj,dinannce shall be in effect from and after its i-MJ PWLiCaticn,� iX 14th day i,-if October, 19fj7. A z 'T TTES iq.kcLr—cd L-MLHUR C. BRQDESE14 JR Mayor .,Qnsd AI DEN , Ji-il2ge Clerk il ,�'U'DH57 Cd in F-diria-h1crnl-11gside COuricllr OCtOber 117 and 24, 1957. i 0 0 9 I 0-'.' 'DIVA CRDMINANCE 41E T TLED ",'H 'L.riE J'XD RENAMING I PICADS, SICTZEHE-TS AND OF VILLAGE 01' E'DIPA VH-LA"--]E OF Eli ldZU, MINNESOTAO ORDAINS: 3.. 164 1-lhe Village is hereby amended by Zlrlinc,, a --'Ur 26 the 51n Brou:-;,oro Addition is hereby renamed RVENUE." This t e in effect from and after its and MODted this 9th da,li, of 19;17. C. BREDESEN (Signed) AL S. DEN Mayor D, I �i 11 3.9 and 26, 1957. ANENDMO VK.," 111�.-T Qv k:1 S'N,'i 1,64 WTVE1.i,.G "iW! f]M',J4r- R-1.11-NITIFG F Q 1a;1!;S i11V FYJ .Ivi V3J;TkGE �'QUWCIL. OF -TH4 VULAG2 OF ;31304, MINW24-W-A, CRDAIVIS, Zection 1, Ordinance Nto. t6tY of the VOL28e is hereby amm-nded by 3dding4tev Section, 27 the folleming.: '�.'ection 28,- 'Ytrrit poirrinn c,f b, wn iilvensie` lying in Ovine Mditl-nn 'betw 9* 6300-6301. qnd Cxosstown Hi iay) is hereby renulmd YNTUCF, ;411TIM3. 'Section 29, TNA. po-rtion. of `,.Odd lying ir Evzmr. Addition (beveeen 6300-6301 Crosstot-m 111ghway) is heh.eby rezAwd. CHMEN 'Section 30'flt�t portion. ci ";%59th Street' lying its Lyle �vmd 4ddition, z-;-nd in Edina �;ountryaide Addition, to hereby renamd CIRMTRYSIVE Ww 1 4�i�ctton This Ordinance shall be In effect from.m. -m-d efter passage 2& pnb1loxitlon. Adopted this 9th day of t1womber, 1959 fabliabed in (:euxier NlovemL4tz 7.y ::,id 19, 1959� 0 0 ORDINANCE NO. 164-16 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMIPIG AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section L. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 30 the following: "Section 31. That portion of "Tyler Avenue" lying South of Maloney Avenue is hereby renamed TYLER COURT. Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 25th day of July, 1960. ATTEST: (Sinned) ARTHUR C. BREDESEN, JR. �SiAned) GRETCHEN S.ALDEN- Mayor Village Clerk Published in Edina-Mbrningside Courier August 18 and 25, 1960. 0 0 ORDINANCE NO. 164.18 AN ORDIMYCB AMEN TNG VILLAGE OR EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMIM AND RENAMING CURTAIN RODS, Si ETS AND AVENUES OR THE VILLAGE fiB EDINA THE VILLAGE COUNCIL OF-- THE VILUG3 OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 161. of the Village, as ascended, is heraby burthe; amanded by adding inter Section 32 the following: "Section 33. That street now knoum as "Link Avenue" lying in Bsookview Heights First Addition., as the same is of record in the office of tha P.ebister of Deads or Hennepin County, is hereby r.enam d HARVEY LA14E.11 Section 2, This Ordinance shall be in effect from and after its passage and publication. Adopted this 27th day of February, 1961. ATTEST: SS+cmed) ARTBM C. BREDESEN.J;,.,�.�.. (Sy fined) GRCTCFEN S. ALD.EI Mayor Villa -a Cleric Pablished in Edina-Morningside Courier March 2 and 9, 1961. 0 0 0 E 01101NM= NO. 164-20 AN ORDI NAUCE 1WEITMING VILT-PLE OF EDINA ORDIMUNCE 110. 164 ENTITLED "AR ORDINATEMS UAMIN.G ANT RENAMING CERT.,1111 R10,0 S, SUEETS 11"IND ANIMMMES OF THE VILLAG-E OF Er"NA THE VILLAGE COUNCIL OF THE VILLAGE OF ZDINA, MINUMOTA, ORDAINS: Section "s. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 34 the following: "Section 35. That part of "Shezwood A -venue'", 11-ing between School Road and 1-7.60th St., as the same is of record in the office of the Register of Deeds of 111ennep3n County, is hereby renamed "SCHOOL ROAD". Section 2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 14th day of August, 1961. IDIE S T ARTMJR C. BREDESER, JRt S rSigned) GRETCHEN S. MUDEIT Mayor Village Clark Ph abliched in Edina-Mor-aingside Courier 1w-ust 31, 1961. C> 4q-11, ORDINANCE NO. 164-21 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING MID RENAMING CERTAIN ROADS, STREETS A.ND AVENUES OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OFF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 35 the following: "Section 36. That part of "Glouchester Avenue" lying between Mavelle Drive and W.72nd St., as the same is of record in the office of the Register of Deeds of Hennepin County, is iiereby renamed "GASLIGHT LANE". Section_2. This Ordinance shall be in effect from and after its passage and publication. Adopted this 28th day of August, 1961. ATTEST: (Signed) ARTHUR C. BREDESEN, JR (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-PDIorningside Courier August 31, 1961. 0 ORYU)INANCZ NO. 164-22 -AN O'ARD111114ANCE AMENDIEG VT�t:-A'-GE 0-7 EDINA ORDWARCE NO. 164 ENTITLED "AN 0:1-0114111,7CE MA,.YRF,'-' AND Rr--jj-AM�TFC- CERTAIN ROADS, STUIETS AN-1) AVENUES OF TIM VILLAGE OF EDINA THE VILUGE COUNCIL OF TOE VILM-CE 011? EDINA, MINNESOM, ORDA114S: Section 1. Ordinance Igo. 164 of the Village, as amended, is hereby CY further amended by adding, after section 36 the :E"ollow-ing: "Section 37. That part of "Gaslight Lane" L`ying between Mavelle Drive and W.72-nd St., as the safae is of record in the offrice of the Regiater of Ma-eds, of Hennepin County, is hereby renamd "GLOUCITSITER AVIENUE". Section 2. This Ore-H-Pance shall be in effect :Ercm and after its passa,ge and publication. Adopted this 25th day of September, 1961. ATTEST: _�EJ.sj-aed),GRETCHE11 S. ALDEN llayor 1-Pro Tam Village CK-R- je '.ND OTILM DUST AN 0 ".D I' )V T'- TREATIZii,'T OF COLLECTION OF THE COST OF 6jUn-H T,-L)';:K 31 VILLPkGE AS A S.PECIAL 0 ASS:]S�`,-M',,T AGAINST PROt'ZRTY BENEFITED. THE VILLAGE COUNCIL OF -D-1 'A 0�,DAINS: - A.- Section 1, Ordering Oiling of Streets, PursuanttD Minnesota Statutes, Section 429-101, �j the Counc,-', rlaY from time to t-1,no by resolution order the U oiling, sprinkling or other dust treatment of streets and alleys, Including, maintenance work inc]'-denttal and necessary to sucli dust treatment, Upon the adoption of any such resolution the Clerk shall transmit a copy thereof to the Village Manager, who shall then have such work done by directly purchas- inr the necessary materials and employing day labor, or by entering into co�',tr,-,cts for such work w1i.th private parties, or by entering into cooperative agreements i,.rith r-o--5ghbor--'U,1,- municipalities, for the apportionment of such Jiork on streets w1hich are divided down the center line thereof between the Village and the neighboring municipality, Section 2. Record of Cost. The Village Manager shall have records kept of the cost of such work done on each street or alley which shall be reported to the Village Clerk, i-licluCing the cost of all such work on any streets or portions thereof situated beyond t-le Villcalt-e bol'—darLes, performed pursuant to a cooperative agreement i-J"'i a neiErl"00--jr,- 4Cip --kA 'lity. h Ll�� �juj a Section 3. Levy of Assessment. On or before Septerzfber 15 of each year the Clerk shall propare an assessment roll ass:�:ssin,g all costs of such ,,,ork reported to him against each separate lot or parcel of land abuttinp on the streets -,Aherein such work i;ras done, in proportion to the benefits conferred upon such lots or pzrcels. In the case of such work done pursuant to a cooperative agreement as spn"- forth in Section 1 hereof, the cost of the work done by the Village shall be spread against all lots or p, xcels of land abutting on the Village side of the s'Ereet's covered by the cooperative agree ..r,ent. The Council t'isreupon exzz-ane such assessment roll submitted by the Village Clerk, arld if satisfactory, shall call a, public hearing and levy s i pecial assessments for ouch work in accordance with 1,1innesota Statutes, Section 0-9.061. All such special assessments shall be payable in a single installment, with interest-, thereon at the rate Of 5 per cant per annum,. Section 4. Effect-ive Date. This ordinance shall be in full force and effect fro,u and after its passage and publication, Adopted by the Council this 23rd day of slay, 1955. (Signed) HEUBEN F. ERICKSON ATTEST: Mayor (Signed) GRETCHEN S. ALDEN Village Clerk Published in Edina-Morningside Courier May 25 and June 2, 1955` i ORDINANCE NO. 166 AN ORDINANCE RELATING TO THE LITTERING OF STREETS, ALLEYS AND OTHER PUBLIC PLACES IN THE COURSE OF CONSTRUCTION WORK IN THE VILLAGE AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Precaution Against Littering Required. No person shall permit a vehicle to enter upon a public street, alley, sidewalk or other public place without first: (a) having its tires and wheels cleaned so as not to litter or soil any street, alley, sidewalk or other public place; and (b) having any material removed from the interior or exterior of the vehicle body which might fall or be deposited upon any street, alley, side- walk or public place by normal movement of the vehicle in traveling over such places. Sec. 2. Maintenance at Building Site. All streets, alleys, side- walks or public places adjacent to any building or construction site shall be maintainer: in a litter -free condition at all times. This shall include such soiling or littering caused by erosion, landslides or general construction activities at such site. Sec. 3. Principal Responsible; Joint Responsibility. Whenever a person is engaged in any construction or maintenance activity as principal, it shall be his responsibility to see that none of the above rules are vio- lated by himself, his agents, employees, subcontractors, or haulers of mater- ials and supplies. If more than one principal is involved in work which con- tributes to the littering of streets, alleys, sidewalks or other public places in the same site or area, they shall be severally and jointly responsible for compliance with these rules. Sec. 4, Clean -Up Required, If a street, alley, sidewalk or other public place should become soiled or littered through any of the aforementioned means, tae person or persons responsible shall cause such soiling or littering to be cleaned up not later than the end of the working day in which such soil- ing or littering shall have occurred or been observed. Sec. 5. Enforcement by Director of Public Works, etc. If a person or persons responsible for violation of this ordinance shal fail to comply with any order of the Director of Public Works and Engineering or his duly authorized representative to clean up, or shall fail to take sucla precautions as are declared by said Director to be necessary to prevent foreign materials from being deposited on the street, alley, sidewalk or other public place, then the Director or his duly authorized representative may order (in writing) all ingress and egress to the site or area involved to be stopped until compliance with the order is effected. . •r 10 Sep;. ti . Certain Coe tz'cctlrn Work ENex ted.:, The above rules shall aot apply to Construction work within the barricaded area of work being clone in r 1.e street or other public right -of -tray pursu-aaL to a Village excavation permit the saY c-, or to certa-W e margenr_y or otlYer work being performed w'it hin a barricaded area pursuant to A Village contract, under p:txmait i:-.sued by the Village, or being performed by 2mrgenc} forces, provided that excavated material stored temporarily within the barricaded area shall not be scattered or carried or allowed to accumulate outside of such area, Sec, 7 , Penalties, , Any person ,.7ho shall fall to comply with any of tlile proviciuns of this ordinance or w'.tii any order authorized to be issued here- u-ndar shall be guilty of a .*dac'emeanor and sLlall, upon conViction thereof, be mind not ::o exceed $100 or be izprlsoned not ezxceedlag 90 clays., Each day such vj,CaIa ion 1.s committed or parmi t:t.ed Lo continue slia l.1 fiC?nW--itute a separate (� ` Zarese and saal.l be punichable as such hereunder. Such penalties may be irapascr' .n. addition to t.,e stoppage of ingress a d egress authorized under Section 5 here-cf. Sec„ 8, This ordinance shall take er_fect iim-nedi atel.y capon its passage Adopted this 26th day of ��ebruary 1962, A.rEST z t Sienedi ARTHUR C , BREDESEN JFZ� nno.iy GUR•rruura fi A7.TiF'+FS..........,�-. Village Clerk PUBLISHED IN EDINA-MOPITINi-SIDE COURIER, K& CH 1, 1962 0 No. 171 AN ORDINANCE PROVIDING FOR THE LICENSING OF TAXICABS AND REGULATING THEIR OPERATION Section 1. Definitions. Unless otherwise expressly stated, whenever used in this or- dinance, the following words shall have the meaning given them by this section: (a) The word "taxicab" shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand, or subject to calls from a garage, or otherwise oper- ated for hire; but the term shall not include vehicles subject to control and regulation by the Railroad and Warehouse Commis- sion of the State of Minnesota, or vehicles regularly used by undertakers in carrying on their business. (b) The word "street" shall mean and include any street, alley, avenue, court, bridge, land or public place or highway in the Village. (c) The word "operator" shall mean and include any person owning or having con- trol of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the Village. Section 2. License Required. No operator shall operate a taxicab within the Village limits without first having obtained a taxi- cab license therefor under the provisions of this ordinance. Section 3. Application for License. Each applicant for a taxicab license must be a citizen of the United States, and must be of the age of 21 years or over if a natural person, and in the case of any co -partner- ship, firm or corporation, must be autho- rized to operate taxicabs and carry on busi- ness in accordance with the laws of the State of Minnesota. The form of application shall contain a statement covering each vehicle to be sa licensed, giving the full name and address of the owner; the class and passenger -carry- ing capacity of each vehicle for which a license is desired; the length of time the vehicle has been used; the make of car; the engine number; the serial number and the state license number; whether the same is mortgaged; the holder of legal title to said motor vehicle, if other than the appli- cant; whether said vehicle is leased, li- censed, or under any form of contract per- mitted to be used and operated by some other person than the one holding legal title thereto, and what person collects the revenues from the operation of said taxicab and pays the expense of operating the same. If said application is made by an indi- vidual owner, it shall be signed and sworn to by such owner; if it is by a partnership, by one of the partners; and if by a cor- poration, by one of the duly elected officials of said corporation. Section 4. Taxicab Operator's Fee. The applicant for a taxicab operator's license O shall, before being issued said license, pay into the village treasury the sum of $5.00 for each vehicle to be so licensed; provided, r that if the said license is denied for any reason, the aforesaid fee or fees shall forth- 1% with be returned to the applicant. Licenses rk hereunder shall expire on the 31st day of rJ March in each year. Any license may be transferred during any year only upon the additional payment of a proportional part of the fee by the transferee, in addition to the regular fee paid by the transferor, when the license was issued, and upon ap- proval of the village council of such transfer. Section 5. Granting License. if the village council is satisfied that the public conven- ience and good order will be served there- by, it may grant a license to any such ap- plicant; provided, the number of licenses issued and the taxicabs operating there- under shall be fixed by resolution of the village council. Each license granted shall be given a number and shall give the num- ber and an adequate description of the taxicab or taxicabs licensed thereunder. Section 6. Designation. Each taxicab which shall solicit or accept business on the streets of this Village, or stand or wait for hire, shall have some designation of the character of the vehicle appear in plainly visible letters thereon. Section 7. Taxicab Cards; Rates. The operator of any taxicab shall cause to be printed in plain, legible letters displayed inside the taxicab a card giving the number of the license, and the maximum rates of fare to be charged. Maximum rates charged for conveyance in taxicabs in this Village shall be fixed by resolution of the village council from time to time. No operator or taxicab driver shall charge any passenger a rate in excess of such fixed rate. Every passenger shall receive, on request, a re- ceipt therefor when he pays his fare show- ing speedometer reading at starting point and end of trip and amount paid. Section 8. Taxicab Drivers. (a) No taxicab driver shall drive a taxi- t,lcab in the Village without first having been —licensed as a chauffeur under Minnesota Statutes, Sections 168.39 through 168.45, and every driver shall display his chauf- feur's license badge conspicuously upon coat Jr cap as therein provided. (b) No taxicab driver shall drive a taxi- cab in the Village without first having filed with the village clerk his fingerprints on white paper together with his signature. (c) No taxicab driver shall drive a taxi- cab in the Village without keeping conspicu- ously displayed in the taxicab his facial photograph, together with a statement of his name, address and number of said chauffeur's license. Section Q,Insurance Policies. Before any taxicab is operated under the license herein mentioned, the operator shall deposit with the village clerk a policy or policies of an insurance company or companies duly li- censed to transact such business in this state, insuring the operator of any taxicab against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damage to property resulting from ownership, maintenance or use of any taxicab to be owned or operated under such license and agreeing to pay any judg- ment creditor to the extent of the amounts specified in such policy, any final judgment rendered against the assured by reason of such liability. The policy or policies shall be approved by the village attorney as to form and compliance with this ordinance, and in such reasonable amount as the village council shall determine. S�/t 1,f3,1Y,ra,i7r/g Section 10. Miscellaneous. jV� 17 f_1 (a) Taxicab drivers shall be clean and courteous at all times. (b) No taxicab driver shall carry any other than the passenger first employing ,Other taxicab without the consent of such pas- tsenger. O (c) No person shall charge or attempt to 1 charge any passenger a greater rate of fare than that to which the taxicab is en- titled under resolution of this council. (d) No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance traveled or be traveled. (e) Every taxicab shall be provided with windows in the tonneau sufficient in number and of such size and dimensions that at all times persons may be readily seen through such windows with sufficient distinctness to identify such persons. Section �i. Taxicabs Subject to All Traffic Rules. The granting of a license shall not be construed to give the driver or operator any special privileges so far as traffic rules or regulations are concerned, and all taxi- cabs shall be subject to all traffic rules or regulations the same as other vehicles. —45— AN ORDINANCE NO. 171 OF THE VILLAM, PROVIDING FOR TH3 LICENSING OF 7AXICABS AN) TAXICAM LID 11nIVERS2 AND RECiU tip 11,4G, THEIR GPERAI.-TMIN - 0 THE VILLAGE COUNCIL OF EDINA, MIVMESOTA9 ORDAIMS: Section 1. Sections 8 and 10 of Ordinance Nb, 171 of the Mlags arc No7eby repealed and rescinded. Section ?, Saction 9 of said ordinance is hereby ren"mbered Section 8, and Section 11 is hareby renumbsred Section 19. Section 3. SaY oxdinancc is hereby "ended by adding thereto the following: jcab Dri 1—cen g, VY person shall drive a "Section 9. taxicab, nor permit an employee to 1riv, a taxicab within tho Village without such driver having first chfaMad a taxicab driver's license purivant to this ordinance! orovided, that any drive ---- licensed to operate in another municipality in this State may carry passengers from such municipality where licensed to any place or poirt within the Villaga. and may Freely enter and traval upon 10 streets and thoroughfares for that purpose, and may receive passanyers for carriago to said mrnicipality where so licensed, arw! K such case it zhall not be Memed necessary for the drivel of such vehicle M he licensed as herein required, but such driver shall not be permitted to solicit or pick up business on the streets of the Village excopt when a return trip has Men previously arranged, or to otherwise operate within the Village without being linensec under the provislins of this ordinance. While within the corporate limits of the Village, the driver of such vehicle from anothey.- nwnicipality zRall observe all the regulations and conditions of this ordinanco one shall have with him the license certificate for said vehicle anO Qsplay the same to any person on demand. "Section 10. Beg. ZgmgQs- for !policants. Each applicant foz a taxicab driver's license must comply with the following requirements: (a) Hc Dmst first have obtained a chauffeur's license from the State of Minnesota and shall provide proof thereof. (b) He. must L>o a citizou of the United Statca, over 21 years oil age, a resident of Hennepin 0unty or any contiguous county, and hv able to read and write the English language. (c) He shall furnish a certificate Tq a licersed phyniMan shaning that he is in sound physinal com0tion and has good eyesight, aM that he is not subject to any discase or infirmity of body or mind which might render him undit to ap-rate a ta%icab. -I- Y and eorie�Au � du7,iny tht� <>oio, yc -ix, r-;e ti preceding the date of his applica- tion (f) Re shall g ✓c his full name residence, place of residence for five years previous to his applkation, his age, height, color of eyes, year and place of birth, place of previous employment, whether has has ever been convicted of a #elon;� or misdemeanor, whether he haS :'s ej'"1.vp-}" �r 0 "Section 18. Condit _on rX T!xi_ca lJs,- ''' o taxicab be nor shall any vehicle a, used as a�t ix,ic:ab, unless it complied •wi.t'.�i .he fcllow-1 aZ:,- recli (a) it shall. be, in a th or°oug i:LY safe condition,, mechanically, for the, f:ti'anspCw°sat.ion of passer erso (b) It shall dc:,�;rs that can be easily- opened from both the inside and Outside. shall ije in good appearance and -well painted, and in clean condti6n inside, (c) It shall be equipped „nth a taximeter in good working orc?er, equipped -tLlth a li�;lrc. so placed �.s `�o enable the passenger at all, tL;es to sea the fare ra ;istere d when operating on the meter ba.eis. (d) It shalt. have L__;.t;Ulayed therein a facial photograph of the xer, together- with his naze and address and the nuilber of his tv.: ca z driver Q s license. (e) ]11 windows and-dndshields shall be ()f sh-'atterproof or non.- sha.tterable glass, and etrery tam;_ cab shall lie equipped with four- i.Jneel braises® n Section L, This ordinance zha.11 ;,e in full fQi-cc, and effect fro,:~: afi,-or its passara- =end publication accc •-ciin{ try 14w. Adopted, t12i_s 10th clay oY Dcccmiiber, 19 6,, ATTEST: Si L e i:Ti4 ?`f CHE1 1� . ALJ_2 ' I1a.yor Pro Tem ORDINANCE NO. 11-1 AN ORDINANCE LNEDMIN;G ORDINANCE NO. 11 OF THL VILLAGE BY COMBINING THE OFFICES OF C7.ERX %ND TREASUFLER, PRESCRIBING THE DUTIES OF SUCH COMBINED OFFICE, AND REPEALING SECTIONS 2, 3 AND 4 OF SAID ORDiNMUCE THE, VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 2, 3 and 4 of Ordinance No. 11 of the Village are hereby repealed. Section 2. Said Ordinance, as amended in the preceding paragraph, is hereby amended by adding theroto the following: "Section 2. Duties of Clerk -Treasurer. The offices of Clerk and Treasurer of the Village are hereby conwl fined. The duties of such corrib:bied office shall be such as are prescribed for the offices of Village Clerk and Treasurer by the laws of the state. The Clerk - Treasurer shall act as Secretary of the Council and shall perform such other duties as ma,y be prescribed by the Council from t:Lme to time. !'Section 3. Surety Bonds. In addition to those officers required by law to furiush corporate surety bonds conditioned for the faith- ful exercise of their duties and the proper application and payment of moneys received by there, such surety bonds shall be furnished by other officers and employees of the Village as may be required by the Village manager. The amount of such bonds shall be fixed by the Counci+. and the premium thereon shall. be paid from the Village funds." Adopted this 23rd day of April, 1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) ARTHUn C. BREDESEN, JR, Mayor Pro Tee. Published in Edina-11 Courier May 3 and 10, 1956. M M GRi?.1Ia?t'C% '' ice. 12-1 z� }ter t n-� p: ��• T�1�� r r �-• . t / m A..� Oa��.. INAINCE t?' E.: C OT_.:)) _N1A1.TCZ 'ti . 12 v: SHE VILLAGE, P`40VIDING FOi T E -` -07 ARY u1,'1PL ,`YE`S Tt?%, VIL:�., GE Cu ,:CT �' 1 .� V"IT T2�GE OF EDTNA 1,11 AIESO'I'1?, DOES ORDAIN a? 1 FOLLO,!S: 1.. Section 1 of Ordinance No. 12 of the Villzge is hereby amended by inserting; t1le following after the c e`'initior? of "Casual employment": "`.''ellporary emplc,yr.ent" shall mean employment in any department or function of t - Village, whiyre `: a duty is of indefinite duration,and is stated by the appof.nti:nE au':'­or='`;;:- o:-' Villt.ge lianager to be temporary, and is com-pensate'd for on a. rconthly or -..eo'kl;y> basis. 2. T;hcre shall. be addet to said ordinance a new section as follows: Section 6.5 Te :ipo:Nary ':prointnents. A. 1%rhen Made ^'henever tiie appoir.tinE Gutr.ority considers it to be essential to the _'Pficient conduct of the buDiv.es , of t?:e tTi?.1< ill may provide for the , tfiiTtnQr?ry uLlplOyfclOilt Of ori0 )'' l`E pG ':.orS , '. tt'; Qor,�,ry employee need not be chosen from the employment list for the positic.- - q which he is app',i nt ed, even ;;houCh such po sition is included in the positio__-clacsl.ficc�ti on plan described in section 7 of this ordinance, but section 3B her( -;of shall apply to the se?.ecU.L I, of such temporary employee. E. Cond.i'.l.ons of Temporary Employment The appointis r authorit-y shall. fi:�- the -terms of employment of each ter,'Lporary erq)loyee, and nono of the sections of this o_ dinance shall apply to such employees e.rcevt this s cet'.on :_act : scti �,ns 3:3, 11, 12, 170 18 and 22. The appointing ri, It t o 6 i;charge te-rcipporary employees at anytime fax any reason it may consider sufficie•,-nt. ?, section 1£A of sai, ori..nance is hereby amended to read as follotrs: "_`,-_ck 1W:.as .ritl� k:ay s hall be granted to all pxovi 4.onal, probationary, an'" ,.,, loyees at the rate of one working day for each calendar month of full- Iiiaa se3a .icc O nclljol fraction thoreof. ,'.dc-jilted this 23rd day of February, 1953. '.TTEST: (Sign '�d)=:;U�iLN r .ICVSON ( Signed) E '-.'LD C. -BANK Mayor Village Clerk Published in Edina-'• orningside voux'I_ei" �_ 9 1953a u L —7- T11'1:7 CO!'WICIT-1 Section 1. The ,151.1 "..` " - -�P * -* -if, au'. * 'Ine po-r.,t5i �11 .1 1, 1 --i-Lon .1. of ..Lo Ord.-cn.a1 nce No. ' s, to r��.d as fol' moo the Village 111-anager." 3 ...,-)n 2. There shall be to Ordinance 11,"o. 1-2 a zna-., st�c'uion to read as fol]Lo,,%s - 11:,�ect.ion 6a69 Yer.r-rcund aamplo,(ment, It shall be the policy of the 111,'4­c of ',din,-,, '11-1inncoota to so schedule the work to be perfo--:l-ied er-,-�Ioy�cc so as to provide year-round employment to its perma- nent P ho,.-;ever, that nothing herein shall be deemed J. ,"- to re.rict ths, ri,�ht of the Village to reduce the numb -or of el-.q-0loyees should conditions so rCr,jjire.11 ction S fD -217 cf 12 is- ar,,,ended to read 3. h A "s S."01.1-01-:s: "A. Hov..i irraich, ser,,-ice six mnonths but less Vran one bo ent4t]-ed -'U-o five "J_':.laE.e sei'v-.Lcc 1 !D ar Of, ..ay I o a cl., 4 but, 1ESs th_- shall be entitled to ten v:or kin- days arinual v,,;�,;ati= 7- p,��r.'.,,anant el,",1"Oloyoe in 107illafe scinvice fl.fteen year: or mola s of 1-Iny I each y_��iFsh�:ll 1:,_, er-:.,-L�,`Lad to fifteen workmen-, days Section L., Pcr;_;!'rc.ph C. of 18 of Ord.inance No. 12 iti airqfFnded to read as followsiP (moo : unilfed, ��R,.!,: leavo may be accumulated to A�. Ns ij 1 12 -3— b,' tho Years Da.y; ','ashinf!ton3s Birthday; Decoration Day-; Fourt1l of July; Labor Dja­; T,-,i:n'?,scIving Day; Christmas Fv:.3 t'ifternoon; Christm,?s Day; Y 1 1. ..'he Vi].IaL,,e HA.l shall be closed for bus-Lness on each of the foregoing paid holidays; provided, 'however, that emp'loyees, nny be required to .Tork on paid hol-idays ,when 1he of their duties ot'ior conditions so recuire. If an employee is re!_uired to v.ro-_rk on a paid 1-.-IIJay he shall roceive another djay off as the appoint -in' offf-ccr sllicll 11,;11-len a paid holiday falls on Sunday and is cu,,A,,-)­11­r1* y -r77-1,wi,,-, Yon,,?,c+y, that !"Onday shall be considereC- tic Adopted the day of Feb.cuar-y1 5. , ITTIE'ST :,Ta2x)r (Sig,ncd) AIDIEN Al.cting in. Courior KR_rch 3 -and _10" 19�15, AN ORDINANCE AMENDING ORLD1NANGE NO. 12 AS 10 HOLIDAYS FM VILL:.GL E1,TLOYEES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: to Section 1. Section 22 of Ordinance No. 12 of the Village, as amended, is hereby furtrer amended to read as follows: "Section 22. Holidays. The village recognizes the following as paid holidays: New Year's Day, Lincoln's Birthday (February 12), Wastungton's Birthday (Febru- ary 22), Memorial Day (may 30) Foiu th of July, Labor Da (first Monday in Septemberj, Columbus Day (October 12 , Christmas Day, Good Friday (the Friday next pre- ceding Easter Sunday), Thanksgiving Day, Armistice Day (November 11), Christmas Eve afternoon and New Year's Eve afternoon. "The village hall shall be closed for business on each of the foregoing holidays; provided, however, that employees may be required to work on paid holi- days when the nature of their duties or other condi- tions so require. If an employee is required to work on a paid holiday he shall receive another day off as the appointing officer shall determine. ?When a paid holiday falls on Sunday and it is customarily celebrated the following Monday, that Monday shall be considered the paid holiday." Adopted the 23rd day of January, 1956. ATTEST: (Sinned) GRETCHEN S. ALDEN Village Clerk (Signed) REUBEN F. ERICKSON Mayor Published in Edina-Morningside Courier January 26 and February 2,1956. ­14 ORDII k 1 C2 11 111�, _-i*f*'-' TO THE, U­­­ OF P".],-, OFFICZ4�13 ORDIEJUTCE 7HE CUUNCITj OF TIE 4TRLAG3 OFF IEDINA, RIMATESMA, ORDAINS Section 2. Sec-t-:*Lorii 2 -)f' Ordinance No. 12, is nriended to read as shall be (1) The b), (h) 2. re __Co-ved'..'by the Ordinance. All offices znd -1 -f , i I-An�e mumlcip.il employ, now e:�dstiing, or hereaftaj.'erected', s1:JD -Y rroviA_',na of th,as ordinence. ew,:.ept that* and positions shpl.1 be who7-17'. e.1, cempt tho z,,r o-vis ions of this ordina-nce.-. Offtf,-j,Lo eleated b�y U,.e people. 7 er. B f, )ards and Cormqissions. Village 1%inager and :Engineer. Clerks of Court. Health Officers, Volujlt"'ey- Fll,c Depal-trilent. Peace Offic,!;rs arly.10inted mrou-nant to Sect Lon 6.51 of Ordinaxir-c To - 12-, (2) These, employees who are stibjoct to the provisicms o--,' "aivi.'L 'I 3irvice Status Pjad ordin-,mce6 shal1 be exerap-'G fron, those provisions of this ordinance which are 'Mconsistent Civil or vice of Ln:w. I Section 2. Tlrpr,,-� shall for added, t-o Ordinzulce l'o. 12 a new See. -Lion read as follows-. ,Section 6,,51 Spocial Off -Leers 11hen circumstanoes warrant., from time to time, appoint, opecial peace the Vill,sc�e "i 0 off-Icers -io suppl^)mortltl the police lorc--,) of the Village in pro;tact- ing end preserviworder upon and adjacent to yprivnte promises. Such special peace officers may be compensated by private personz, but shall receive no compensation froi-zi the Village; shall not be employees of tile Village for aany purpose whatsoever, and shall not be subject to the provisions of Ordinance I'Mo. 12. Such spea.1,11 peace officcra shall be appointed on such terms and conditions as the Village Mlanager shall deem proper, shall serve under the direction and supervision of the Chief of Police, and shall have their jurisdiction limited to such geoggraphical area as the Villac-e Managar shall direct, Tha Villago 1,1aw�,ger shall make each such appointment -in writin7c _1 whl.ch writter. appointment shall contaJim the terms and conditions at the avpnintmei-.t.. the area to which. the jurisdLetiun c):7 thle appolni-.ee 1:LmL41ad and. the consent of the ar, oinlo(7i t!,) the appointment., Ekieh suc1h iiritton appoint.-�zc,­. on being filed with the ViEAge Clerk. 3, ThAz Ordinsawo ,-_-`Aa1l be In force and 3ffect frorq and tor ito p.­ssage zvid pablication according to law. o-oted this 8th day of October,, '1956. TES`r: (Signed) REUBEN F. ERICK301i igned) GRETCHEN 3. ALDIEN Mayor Village Clerk .'blishedl in EdLna-llorningside Courier September 11 and 18g J. ORE-DR-ANCE NO. 13 Cvi:Al ING TIIE PU4,. ^ TU GR .ITT TO THE VIL:.AC IS 211-10I .GL 16. CO' CIL t) t7�:T,I�GE OF EDIIdIi, a41P�Psi�5C11'A, ORD�1ZTd5 AS ; OT1LO :S: Section 1. Lice2"zsin! . r_^: i` � Of powers to grant licens:;s and 1p. C'mits O St. ^.nd� r �JolCia m r s ate the mite cont,_.?ned s �c f � ordinances ;i- , �=n� U. in �I_ 011o•rin or 'u-C, v 3- e 't_e�ys'.- �1 sue. c,; t ''' 1 ' rzger: Ordinances Nos. 21, •.�. J_c.«;^� �:1 �' il.."i .. .l _. o l�i1 f„' Vi lei F'-",i: �'_c•.i.c:. �a� 23, 52, 56,61, 66, 7.1.., 103P i.11f. R 51 P l 773 ,'ne po;:ers hereby granted to the Village -,::nay-"' .h-11 -, - 1_t` n x b �reA•cr i `—i�� n notice o:' any denial revocation O of ap3plication for liG?_.z" C i _._.__`t•, c%i' O`' J�'ii lon Y' C� thereof, x stBtiT' 4 the, r G 021 for SttC'1 .: C' _.e io L'11e appl Ct', 1t, lice or per;n,ittee. The po.;eas ;,O Z% G.. o v a inG in ordinances , Nos. 2 ', 51, 67( 101, 1.31, 162 -,nr 261 conUniie in the t ::. _r sons and .r•..,_ z L'<.:iVil ci^.I:C:i,tnt CJ.' _ Cpc;a.L of suCi1 OI`diIlc3YiCes. e�eCi:J_oii i pn� j t, t �� �i '17i l *� p,_pal o Councx._. From ,:..n} ac:,_o 1 of �. e � 1__at;e 4ragci° .. afu6ing to Ertmtu -:�n T plication for ?icer_sc oi, por;,,,it or revolsir-p, any license or permit the Co�� �Jl c �� T-"cr-'-tee or 1_...enre'e i.in'y a�_le G trriLten appeal to the Vi-_lage ncil �_ u in yt,r offico of the V_tllp- o Clerk, and shall be heard by the Council within 30 d2G`t; after filing such appeal. 3 'e ..:. ��' '_ T'' ra� m- '^ 1.1 be in full force and effect from .._ --er its p .,-,sago JuiJlJ-c,.tion. ATTEST: -rho Village Council 'u-h.Jis 23rd day of MarJP 1955. S. ALDEN Village Clerk (Sifn.ed) P",UBEN F. ,,�,`ICKSON Mayor r%',.blis,h:?d inC�7IZ'-..-fi'.^i'Tlll"s� r:i', �:'�12---or V -I ..,z1,:1 31''.i1C' 2, 1955 E AIv Q:DIiiA!YC—.• ille.3LIJji'_1vC li•_� .a iX"_�i.�V!�x':..1!'J! L`.,�iID H',DL7".1, 1 1_�l� I "IM THE VILLAGE COUNCIL OF 7HE VILLAGE, 07 UDD.T11, INii�'°.'A, ORDAINS: Section 1. There is hereby established a separate and special fund of the Village to be designated as the "Impro.remcnt, Bond Redemption Fund.,1' which fund shall be maintained by the Treasurer on the :rooks of the Village so long as any bonds payable therefrom shall be outstandin,;. The bonds to be payable from said fund shall be designated by resolutions of the 7i lla.r e Council, but shall includh only bonds issued pursuant to and in accord -.--cc T':i'i.l1 the prov-1sions of Chapter 429, Minnesota Statutes.and the future acts amendatory thereof and supplemental thereto. ,Section 2. Prior to the issuance of any such bonds the Council shall.undertake and ::agree that upon completion of each improvement financed by such bonds and after payinent in full of the cost of such improvement, all :Honeys remaining in such improvement fund and all subsequent collections of special assessments levied in respect of such improvement shall be irrevocably appropriated to and paid into said Improvement Bond Redemption Fund; and said Council shall levy a tax for the years and in the amounts required, together with anticipated collections of special assessments in respect of the improvements financed by each issue of such bonds, to produce sums not less than 5 percent in excess of each principal and interest pay- ment on such bonds as such payments shall respectively become .due, provided that if the assessments to be levied for improvericnts financed by any issue, together with interest on such assessments at the rate fixed by the Council plus any amount appropriated from the bond prcceee.3 for the makinE on initial interest payments, shall be sufficient to produce su 3 5 percent in excess of the principal and interest recuirernents, no such ta.. loovy shsl3_ be required. Section 3. The special assesst_I -its rind taxes levied and appropriated to said fund shall be irrevocable, provided t.lat in the event that the Village Council shall in any year appropriate moneys from other sources to said fund which are payable in the succeeding year may be reduced by the amount of such appropriation, at the time and in the manner procided by Minnesota Statutes, Section 475.61. Section 4. The moneys in sai'! fund shall be used solely for the payment of the principal and interest when due on the bonds designated by said resolutions, and for the prepayment and rede-iption of said bonds when and if the same become pre- payable according to their terms, provided that such moneys may be invested as authorized by Minnesota Statutes, Section 475.66. Section 5. The full faith and credit of the Village shall be and is hereby irrevocably pledged for the prompt and full payment of the principal and interest on all bonds Made payable from the Improvement Bond Redemption Fund. If at any time the moneys in said fund should be insufficient to pay all such principal and interest due, the Council shall provide sufficient moneys for such payment from any other funds of the Village, and such funds may be reimbursed from the proceeds of special assessments and taxes approp,t-iated to the Improvement Bond Redemption Fund; and the Village shall have the power and authority, and it shall be the duty of the Council, to levy additi?nal ad valorara taxes upon all of the taxable property within its corporate limits to the extent required to restore any deficiency in said fund for the payment of said bonds and interest, ;hi- ch levy may be made vrithout limitation as to rate or amount. Adopted this 12th day of September, 1955. ATTEST: (Signed) GRE'rCHEN S. t.LDF,N (Signed) REUBEN F. E ICKSON Village Clerk Mayor Published in Edina-i•,?orningside Courier September 15 and 22, 1955. 9 1 M.' ORDINANCE DETACHING FRCM THE VILLAGE OF EDINA CERTAIN LAND ABUTTING ON THE VILLAGE OF EDINA PXD THE CITY OF f{OPKIh1S THE VILLAGE CCl)c\!CIL OF THE VILLAGE OF EDIik 0RDAINS: Section 1. This Council has received and considered the petion of the City of Hopkins and Superior separator Company that this Council detach from the Village, pursuant to the provisions of Minnesota Statutes 1957, Section 413.137, the following described parcels of land owned by said petitioners: Commencing at the lNorthwest corner of Section 29, Township 117, Range 21; thence South along the 'Nest line of said Section, 74 feet to the Southerly line of -the abandoned right of way of the P1pls. and St. Paul Suburban Railway; thence Easterly along the Southerly line of said right of way to its intersection with the 'Nest line of Gunnar Johnson°s Second Rearrangement, Rolling Grean; thence V orth along the Latest line of said Rearrangement and its extension to the North line of said Section 29-, thence vest along said North line to the point of beginning. That part of the Northwest Quarter of Section 309 Township 117, Range 21, and of Blocks 7 and 8 in West Minneapolis Heights described as followse commencing at the Northwest corner of said Section 30; thence East along the Vorth line of said Section to its intersection with the East line of Jefferson Avenue in !hest Minr,eaoolis Heights extended North; thence South along said East line and its extension to a point in the West line of Lot 26, Block 6 West Minneapolis Heights, distant 30 feet North of the Southwest corner thereof; thence Westerly on a line 30 feet i''orth of and parallel with the South lines of Lots 1 and 26, Block 7, and Lots 1 and 26, Block 8, and the extensions of said lines in 15;est Minneapolis Heights to the West :line of said Section 30; thence North along said vqest line to the point of beginning. Section 2. Upon consideration of said petition and after hearing the views of all persons interested, and being fully advised in the premises, the Council does hereby find, determine and declare that the above -described land abuts on the Village of Edina and on the City of Hopkins, that the detachment of such land from the Village of Edina and its annexation to the City of Hopkins will be for the benefit of the Village of Udine and for the benefit of such land, and that said petition is in all respects correct and sufficient and complies with the provisions of said statute. erection 3. It is hereby ordered that the .land described in Section hereof shall be and it is hereby detached. from the Village of Edina. Section 4. The Village Clerk is hereby authorized and directed to file one certified copy of this Ordinance with the County Auditor of Hennepin County, Minnesota, and another certified copy of this Ordinance in the office cf the Secretary of State of the '-,tate of Minnesota. Adopted this 26th day of July, 1958. (Signed) ARTHUR C. BREDESEN, JR. 10 ATTEST: Mayor (Signed) GRETCHEN S. ALDEt: Village Clerk December 1:l blished in 7dina-tiorningside Couris t, :end 18, .195&, tJi CT�.'�P C 170. 3-6 • is ORD J?1.TdCE 'tL�'�.:'Y r :r, : �ja tr r :�,V, C� r1�'t)TTrrl. '()R HE YEia 19%r! jr �:.�j..J �l� .�L ;�' �.1!°.:- J. ��`_1� �Tl FOI 2. E, -�I'1 19r THE VILLAGE ( UIIC�::� OFF+'h � T� �'i;. ; G QDINA, ZD : �CYCA, DUES (RD1,UN AS FOY-' U!S. Section 1, The BG.daet for IUhe �3i',.lzaE.e of Ed�ine: for -ohs calondar year 1957 19 hereby adopted as hereinafter act forth; and funds are hereb,/ appropriated therefor; GuiTEELAL FU D �GENMAL GO-ri: C3.tZIEART IIlayor and C ouncii 7.101440 XIO Mection I, 9 50 , 00 Ge�ral Administration 65, 522.00 Village hall 24, 990.00 Health Officer 500.00 Cont ingenc ie s 5, 000,00 Settlement of suits 2,000.00 ,for lanen i o Cc.,--ipensc tion 5, 200,,00 Audit 2,500.00 Planning Coutmi.ssion. 4,700..00 Special Assessments on Village Property $,500,00 Grants ('Park Fund) 5�00 T G'� AL C IJP b,�11. C�VEt�.�`T:E 1 a�4Y9 PUBLIC SfEfY Police 12,707.00 W74,878.00 Fire Building Inspector 6,485,00 Plumbing Inspector 6,_f_OI,,OO Civil Def ear e _, 3 00 0 TOTAL PUBLIC SjTZrY PUi3 IC N'ORKS Engineering $1015255.00 Hid.1ways 143W 345.00 Garage 19,021,00 Street Lighting, � 20 000,00 TOT,,'iL PU3�,IC ?,XEKS SP1,72LI1, SF4 ir1.Cj S At,t orney Munic#al Cow t Assessor Library Aninal C mat r of TOTAL SPECIAL SERVIC3, S TOTAL GMEW, FUND PARK FUND Administration General Maintenance SI.ating r_-b .k ri-Aintonance Care of buildings gs Tree care 4 Vehicle Operation Mosquito Control Cascade Pumpiiig Fall and hinter Program Playground SI' 7.itIl' Lng Baseball Capital Outlay " . "F 2A K FUND ,?1530277.00 C3571 , 00 w 283, 621.,00 7,915.00 9,6B0.00 17,150.00 2,725.00 ____.,.;21000.00 $679,939,00 G,700�00 11,625 DO 5,150.00 1,300.00 4,000.00 2, Cy�/0����j�0 „00 5 0 .00 200„00 !j., OOO..oO 6,000.00 9,000.00 3,000.00 94000,00 w _ __. k5� 64, 47 5.:,00 ORDINANCE NO. 16 Section 2. Estimeted 1'1'acoi-pts othnr than G3neral Tax Levy -.7e established g as hereinafter set forth: GEIN121ILT, FUND Village Share -State T-i-quor and Cif;: te Tez?res Lice.,ises and Pervdts Municipal Court Departmental "JoiN-ice Charges 11iseellaneous Tramfer ffom Liquor Find TCF11j, G1,14"12AL FUND PARK FUND Swirming, Registration Transfer from General 1cund TOTAL PARK FUND TOTI.,1L E33T II711TED IRECEIPTS 19,000.0o 291 7h 5,� 00 25,000.00 12j,800,00 8,,/.-t.r-1:,00 _.Q0Q,00 $258%1255,00 5'r) o " 00 24,975.W; C) am) 20- section T Tat there be and hereby is levied upon all to areal and personal ,a ProPe"LY in the Village of Edina a tax ratte, sufficient to produce the amounts hereinafter set Forth: For the General Fund For the Park Fund For the Poor Fiuxl For Firemen's Relief For Fire Pa: otcction "or Bonds and Interest $421,684-00 36,000.00 7.600.00 5,600.00 6,600.00 55 i ,3 �qtion 4. This ord-ill,---ce shall bo imeffect from and after its Liciont-,.on and publication according to law,, Adopted thi s 24th d:--i,y of September, 1956,, AT T-;,.ST -. �R-E'LlaS'N F. Eit'.ICKSON �Sipned C-R31�'[P�7j & ALD-0-4 Mayor Village Clerk Published in Edina-11orningside Couria-i- September 27 and October 4, 1956. I* ORDINANCE ►W1 . 16-•1 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 1958, AND ESTABLI_cHIFG TAX LEVY FOR THE YEAR 1957 PAYABLE IN 1958 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: 'tion 1. The Budget for the Village of Edina for the calendar year 1958 is hereby _>pted as hereinafter set forth; and funds are hereby appropriated therefor: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 10,460.00 Administration 412900.00 Finance 289925.00 Assessing 28,305.00 Legal Services 11,535.00 Municipal Court 19,355.00 Library 39140.00 Election 70500.00 Planning 7,800.00 TOTAL GENERAL GOVERNMENT $1589920.00 PROTECTION OF PERSONS AND PROPERTY .__ Police $134,299.00 Fire 74,155.00 Civil Defense 650.00 Public Health 1,800.00 Animal Control 49500.00 Inspection 16.387.00 TOTAL PROTECTION OF PERSONS AND PROPERTY $2319791.00 PUBLIC WORKS Engineering $101,330.00 Highways 234,574.00 TOTAL PUBLIC WORKS $335,904.00 MISCELLANEOUS AND CONTINGENCIES Contingencies $ 6,000.00 Settlement of Snits 2,000.00 Special Assessments on Village Property 10,000.00 Grants (Park Fund) 21,223.00 Garage 2,200.00 TOTAL MISCELLANEOUS AW CONTINGENCIES $ 41.42'3..00 TOTAL GENERAL FUND $768,4038.00 1 Supervision and Overhead $ 18,027.00 Maintenance 24,895.00 Capital Outlay 49940.00 Recreation 27,138.00 Swimming Pool Operation 16.060.00 TOTAL PARK FUND $ 919060.00 Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set forth: GENERAL FUND Village Share -State Liquor and Cigarette Taxes $ 199000.00 Licenses and permits 43,600.00 Municipal Court 459000.00 Departmental Service Charges 1029500.00 Other 199610.00 Transfer from Liquor Fund 62,500.00 State Apportionment -Highways 202000.00 TOT AZ. GENERAL FU10 $312, 210. M PRANCE NO. 16-L -2- PAR K FUND Swimming Pool Fees S 229407.00 Registration Fees 1,200.00 Income from Concessions 39000.00 Transfer from General Fund 21,223.00 TOTAL PARK FUND $ 47,830.00 TOTAL ESTIMATED RECEIPTS $360,040.00 Section 3. That there be and hereby is levied upon all taxable real and personal property in the Village of Edina a tax rate sufficient to produce the amounts hereinafter set forth For the General Fund $ 4559828.00 For the Park Fund 43,230.00 For the Poor Fund 79600.00 For Firemen's Relief 69400.00 For Fire Protection 6,400.00 For Bonds and Interest 70,500.00 TOTAL 1589,958.00 Section 4. This ordinance shall be in effect from and after its adoption and publication according to law. Adopted this 30th day of September, 1957. ATTEST: (S12ned) GRETCHEN S. ALDEN Village Clerk is (Signed) ARTHUR C. BREDESEN, JR. Mayor ORDINANCE NO. 16-2 ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR THE YEAR 19595 AND ESTABLISHING TAX LEVY FOR THE YEAR 1958 PAYABLE IN 1959 _ _ THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINVESOTA, DOES ORDAIN AS FOLLOWS, Section 1. The Budget for the Village of Edina for the calendar year 1959 is hereby adopted as hereinafter set forth; and funds are hereby appropriated therefor: GENERAL FUND GENERAL GOVERNMENT Mayor and Council $ 8,656.00 Administration 479004.00 Finance 329929.00 Assessing 329153.00 Legal Services 13,985.00 Municipal Court 20,384.00 Library 29390.00 Election 1,672.00 Planning 10,354-00 TOTAL GENERAL GOVERNMENT $1699527.00 PROTECTION OF PERSONS AND PROPERTY Police $1509039.00 Fire 789565.00 Civil Defense 5,445.00 Public Health 19800.00 Animal Control 59450.00 Inspection 222 32g_00 TOTAL PROTECTION OF PERSONS AND PROPERTY $2639624.00 PUBLIC WORKS • Engineering Highways $ 869368.00 227 TOTAL PUBLIC WORtw $313,644.00 MISCELLANEOUS AND CONTINGENCIES Contingencies $ 59500.00 Settlement of Suits 19000.00 Special Assessments on Village Property 31,500.00 Capital Outlay Unallocated 19750.00 Capital Outlay Buildings 17,2L56`00 TOTAL MISCELLANEOUS AND CONTINGENCIES $ 57,0088.00 TOTAL GENERAL FUND $803,EO3.00 P.�FUND Supervision and Overhead $ 209543.00 Maintenance 300512.00 Capital Outlay 119140.00 Recreation 319600.00 Swimming Pool Operation 23,565: 00 TOTAL PARK FUND $117,360.00. Section 2. Estimated Receipts other than General Tax Levy are hereby established as hereinafter set forth: GENERAL FUND Village Share -State Liquor and Cigarette Taxes $ 209000.00 Licenses and Permits 409195.00 Municipal Court 4590d0.00 Departmental Service Charges 679500.00 Other 279930.00 Transfer from Liquor Fund 439390.00 State Apportionment -Highways 2000000 TOTAL GENERAL FUND $2649015.00 0 0 ORDINANCE U). 16-2 PARK FUND Swimming Pool Fees $ 299000.00 Registration Fees 69300.00 Income from Concessions 39000.00 Transfer from General Fund 319610.00 Other gg0�00 TOTAL PARK FUND $ 70,360.00 TOTAL ESTIMATED RECEIPTS U34.=.00 Section 3. That there be and hereby is levied upon all taxable real and personal property in the Village of Edina a tax rate sufficient to produce the amounts herein- after set forth: For the General Fund $5399788.00 For the Park Fund 479000.00 For the Poor Fund 79800.00 For Firemen's Relief 69900.00 For Fire Protection 6,900.00 For Bonds and Interest 57,400.00 TOTAL $665,788.00 Section 4. This ordinance shall be in effect from and after its adoption and publication according to law. Adopted this 29th day of September, 1958. ATTEST: (Signed) ARTHUR C. BREDESEN. JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier October 16 and 23, 1958. 1, YT 6-.10JI 960 AN jX V i. -v 60 Tlts,> ICY-, �WVft* A..S ?k, I-Lo"s 1111? Ru-oi,�t far tilt- ViPa5,o-)f F,,;'.Ir the cal-andar year o6o i tiet et, iipmebj, 6.pptopriaed therefor. a 694 46 1) X 32, s t6 18,010 teg,04. Services 14,98$ Numteip'VI Cmmt W3,615 Library 2,37-3 oc: 12 pp 689 A ol zr.-f I U4 off PER�;ONS PIND PPIGHIRTY N-A tc�i 39,UO 1,800 ArAna'z. 4,sso 2? 6.73 TVrA 1� �"I-W-TIECTTCV (V rMiSM, A'"O Mopiwrt IT tic OAKS ccw ADS 93262 256L b TMAL KBLIC n,GRXS AND softs 500 AND Cm.11-111110EFUIRS .KIAIL, GMERAL FUND 0,AM, FUND and Cverhcad (zapit-od Outiny I MAL VhttV INNO I tte.CcApts orher tp.?.en- General laa I.-o-7 homeby ex, .MW12UL FUND vlliapo si,,d efgaette ",M,i 07 '1350,198 AIIAV 2k,995 36.735 L�l 0 is 42 450 lo-Ll"eri 3. kllat I6here be and iiereb-vit-J c,x.v l€' the Village cif P-61W '-' til'.- t'ItC Sllffi--tMf Ul) PYPGX;v�' the hrureillaftc- Set forth., i c,,; the G ems v, I Fur. d Fc�, tbn patL 1�,dtd the voc"T i�,Und Lbe Aze A-rtlr- and Intel.:v.st 4 36010,021. M71521 51,030 7,800 7,650 7,650 46,200 WPIAL 4707.321 C C11-1 Tli.lr-, C,rdfrvm:e shn-P, I-,- i�, effect fr.,m and aft � it - tt�m - n pr a a6op I d e.('inpte�d tteR-; 5t.,h clay C�Jt CCV.;ber, llV"j Published October 15 and 22, 1959, in Ed-i-na-Morningside Courier ORDTNANCE 140, j6-5 PAGE OFUJI12UICh. ADOPTING BUDG) FO'R, THE V'!!;JjjG,,,'? (.4;p ' - . , ij 17op THE Y-FAR 1962, AND uv prm THE N"FAR .Li� y 1961. 962 T 1 VIE VIlf-AGE COUNCTL OTb ME ';SOTA. DOES ORDAIN P-,S FOLLOWS. T-,Ae Budget RIr 6--(- VIti,age 4,f Fe."- -kcr i-1-7e caiendar year 1962 iF honeby adcopted a.,. bero,oEiftey lvnqr.� are I qG-reby opproprinved ?;here'.',; GENERAL FUND GMERAL Mayk,r and C4,-unc.il y 9, *,1 6 0 Admiri- stratiovi 3 4 63 0 2011� lrgv) {5,3 91 (f Municipal Cf­vyr� 5 , ?,.', o Library y f,03 Plakming TOTAL GE14ERM, PUBLIC UORYS t 2'.3 , 1.3 Highways PU'_BLf,C `V01U,S P R. (r, E C, T 'UT C;-!- PKRSONS AND PRGPHRT'k,' 14. CIviliav oefeoso 2 1, Pubtic hm.7alth m" 000 C,'mtrol 1-1 50;0 11NTA 1411D E"Ropf-21TY NON-DEPARTHMAL Contingencies f, Cw sett xe�m,,-,nt of Special Assessmztr,)Irsc Unallocatt.o Capift,.al 0 Li r .1 a v 00 Capital lirpr;1oInT�ejr!.rq ,)o 0 0 o SU�Trvis:it,n and cg�pftal TMAL S ,:;L — J_ - 3 — • is ; :i i: (': ' L: i On 1. Fstimated Receipt othei-, than. General Tax Levy are hereby he reinafter ereinafter set fay th; GENERAL FUND Village Share -State Liqui'!r and Ta-'�'es 7 000 Licenses and pormits 4.8,335 Municipal c(Yart 45,000 Departmental Service Cb�a.� ges 127,320 other 29,775 Traitsfer from Liquor Fund 85,516 Star• Appc�rti.mimem. TOTI,,.L GENERAL FUND 18j PAJU FUND Transfer unaj! ppropriated s.jr,DjiLis $ 11-239 kegist---atim Fees 18 , 9 70 Other -111-50 Trimsfer fro-m, General Fund 39.4M TOTAL MIRK FlUND 70,133 PARK M4S'Z.&UCTA.0U FUND Transft-.-z firr�w. General Ftznd TOTAL 'EST111WED RECEIPTS y�T576 089 Bectier, 3� That there be a -ad hereby is ICVied upon all testable real aild pergor.ai- PT-cPeri-,Y in the Village of Edioa, a tic-n rate sufficlem: ro the amunts herainafter set forthi F o r the Ganer"11 Fund For the Park Fuad For the Pz—or F c T, the Firemen's 3Q.0-of Fer Fire ?—r�,,,tect-1jq*, po-r Bonds aad interer"'. For flemwpi-n, Ceupt.y Pjz'&,z $ 687,236 57,000 i-0,926 S. ,300 8 wo 100 5 106 seedier. 4. Tkii.--ra'Ln a nr 311 a .11, be in 'Ire, a S. Z.- ex .D a CIO Q""' oXAi -0. 1! C, rpuzblicatticm accordi,,a.& J14:icpred this i 1-1) 6 AITEST!' i d CRETCHFN S, ALDE�" AY '2 820.968 ORDINANCE NO. 17 AN ORDINANCE ESTABLISHING THE GENERAL OBLIGATION BOND REDEMPTION FUND THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. There is hereby established a separate and special fund of the Village to be designated as the "General Obligation Bond Redemption Fund", which fund shall be maintained by the Treasurer on the books of the Village so long as any bonds payable therefrom shall be outstanding. The bonds to be payable from said fund shall be designated by resolution of the Village Council, but shall include only general obligation bonds of the Village which are payable from ad valorem taxes, including bonds issued pursuant to and in accordance with the provisions of Chapter 475, Minnesota, Statutes and any future acts amendatory thereof and supplemental thereto. Section 2. Said Council shall levy a tax for the years and in the amounts required to produce sums not less than 5% in excess of each principal and interest payment on such bonds, as such payments shall respectively become due. Section 3. The taxes levied and appropriated to said fund shall be irrevocable, provided that in the event that the Village Council shall in any year irrevocably appropriate moneys from other sources to sa-id fund or if there is on hand any excess amount in the fund, the taxes levied for said fund which are payable in the succeeding year may be reduced by the amount of such appropriation, at the time and in the manner provided by Minnesota Statutes, Section 475.61. Section 4. The moneys in said fund shall be used solely for the payment of the principal and interest when due on the bonds designated by said resolutions, and for the prepayment and redemption of said bonds when and if the same become prepayable according to their terms, provided that such moneys may be invested as authorized by Minnesota Statutes, Section 475,66. Section 5. The full faith and credit of the Village shall be and is hereby irrevocably pledged for the prompt and full payment of the principal and interest on all bonds made payable from the General Obligation Bond Redemption Fund. If at any time the moneys in said fund should be insufficient to pay all such principal and interest due the Council shall provide sufficient moneys for such payment from any other funds of the Village, and such funds may be reimbursed from the proceeds of taxes appropriated to the General Obligation Bond Redemption Fund; and the Village shall have the power and authority, and it shall be the duty of the Council to levy additional ad valorem taxes upon all of the taxable property whithin its corporate limits to the extent required to resotre any deficiency in said fund for the payment of said bonds and interest which levy may be made without limitation as to rate or amount. Adopted this 25th day of February, 1957. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. GRETCHEN S. ALDEN Mayor Village Clerk 06 Published in Edina-Morningside Vourier March 7 and 14, 1957. ORDINANCE NO. 1$' AN ORDINANCE PROVTDING FOR THE DISPOSAL OF UNCLAIMED PROPERTY THE VILL .Z COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Sectior. 1, Custody of PropextBelonging to Other's,. All p.operty, belonging to otzhersp which .lawfully comes into the possession of tote Villagea in the course of municipal operations; shall be kept in the cus',ody of the Chief of Police until claimed by the owner thereof.. Such prcperty shall be surrendered to the owner only upon procf of ownership sa,isfar.tory to the chie of police, and the payment of tiny .registration or tithe.- fees required by law. Section 2 Disj2osal of Unclaimed Property, Any «sucl propep-ty which has been in the custody of -the Chief of Police for a perioc of sir months may be sold to the highest bidder a-,: public sale fol".owing twc weeks prior notice published in the official, newspaper of the Village. All proceeds of sale shall be delivered to the Village Trc-asurer and deposited in a special fund established for tiie purpose. If tho owner of any such -property, sold in accordance with this Section, shall fu:-!nl:ih ev'Ldence of ownership satisfactory- to the Chief of Police within six months after the date of sale, the Village Treasurer sha'.l deliver to said owner the proceeds of the sale. Secj on 1. Records A record �hasl be kept 1. sating with respect to each such item cf property, the date aid ,�Irrumstances under which possession by the Vill.ace was acquired the dai;e u.' publication of kale„ the date of and the proceeds thereof. Section 4e This ordinance shall be In effect from and after its passage and publizsat c.n according to law. Adopted hi-;; 24th day of June 1.957, ATTESTS "Signed,) EMIL P. FRONK (Sign(,d ) GRETCHEN S. ALDEN Mayor Pro -Teti Vi11aje Clerk Published in Edina-Morningside Courier July 4 and 11, 1957. 0 0 th art3 signed rIC-Ir", Part- t�,Pnt otlh,,, r,a;.Tmbor of clerko b'l N! ., th Adopte,l 1:1- AI-T I-- S T - rill s iq n J;,'i'SO,ary 16 ard 2:3, 1958. ORDINANCE NO. 20 AN ORDINANCE PRESCRIBING A GENERAL LICF-14SING PROCEDURE FOR TRADES, OCCUPATIONS AND BUSINESSES, INCLUDING MAC111NES AND VEHICLES, PROVIDING FOR RENEWAL, SUSPENSION AND REVOCATION OF LICENSES AND PRESCRIBING PENALTIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINSt Section 1.. Applicability of this Ordinance Tile procedures, regulations,, conditions, requirements and penalties set forth in this ordinance shall be applicable to any particular license issued by the Village, or to issuing, renewing, suspending or .revoking the same, or to the duties and obligations of persons holding the same, only to the extent that they are specifically made applicable by the ordinance requir- ing the license,. Sec, 2. Application dorm, Application for licenses or renewals of licenses shall be submitted to the Village Clerk on .forms to be obtained from the Village Clerk,, On such form, the applicant shall state his name and business address and such other information as is required to be furnished by ordinance,. The applicant shall sign and swear to the truth of all state_. mente. made in the application, or, in case of a corporation or association,, a majority of the board of directors or other governing body shall so sign and swear.. Sec, 3. License Fees, Etc.. With the application there shall also be submitted the fonlowing: (a) The license fee, in cash or by check payable to the order of the Village Treasurer, in the amuunt required by ordinance. (b) A surety bond, if one is required, in the amount and conditioned as required by ordinance The surety shall in all cases be a corporation authorized to do so and holding the certificate of the Corranissi.oner of Insurance of the State of Minnesota showing that it is authorized to contract as such. The effective period of such bond shall expire not sooner than the period of the license applied for,. (c) A policy of" insurance, if one is required by ordinances, in an amount and for a period; not less than the period of the License applied for. (d) Any other documents required 'to be filed by ordinance, Sec„ 4,, Approval or Denial. License-s and renewals thereof shall be granted or denied by the Village Manager or by his deputy, unless otherwise pro- vided by ordinance, Issuance of a license„ or renewal of a license, may be denied For any of the following reasons: (a) Failure to complete the application,, or to file the .required license fee, bond, or insurance policy; 40 (b) Misstatements in the application; -1- 0 (c) Failure to comply with special conditions required by ordinance for issuance of license; or (d) Repeated violation of licensing ordinances by applicant, or suspen- sion or revocation of licenses held by applicant, in the Village of Edina or elsewhere. Sec. 5. Denialt-Notice to Annlicant. If the Manager or his deputy denies the application for license or renewal, he shall furnish written notice to the applicant of such denial, together with the reason or reasons for denial. Such notice shall also inform the applicant that he may (a) ask the Village Clerk to return to him any license fee he has paid, or any surety bond or insurance policy he has filed, (b) submit a new application, or (c) appeal from the denial of his application of the Village Council. Sec. b. An peal to Council. The applicant may appeal from such denial of a license or renewal of a license by filing a written appeal to the Village Council in the office of the Village Clerk, and such appeal shall be heard by the Council within 30 days after it was filed.. Sec. 7. Occupational Licensed Posting. A license for the carrying on of a trade, occupation or business shall be issued by the Village Clerk, shall be serially numbered, and shall state the name and business address of the licensee, the nature of the trade, occupation or business licensed thereby, the street address of the premises where such trade, occupation or business shall be con- ducted, and the expiration date of the license, which shall be the lst of April next following, unless otherwise provided by ordinance. The license shall be posted on the licensed premises so that it can be read by members of the public. Sec. S. Machine or Vehicle License. A license for a machine or vehicle shall state the name and address of the holder of the license, shall describe the machine, including its serial number, and shall state the street address of the premises where it is licensed to be kept, or, if a vehicle, the street address where it is usually parked or garaged, and the expiration date of the license, which shall be the 1st of April next following, unless otherwise provided by ordinance, For each machine or vehicle licensed, the licensee shall be furnished with a paper, cardboard or metal tag, which shall be fastened to the machine or vehicle licensed thereby so as to be easily and immediately discernible. The tag shall state the name of the licensee, the serial number of the license and the expiration date thereof._ Sec. 9, impounding Machines. Any machine or vehicle required to be licensed found in the Village without a tag thereon may be summarily impounded by the Village police officers. A notice of such impounding shall be published in the official newspaper within 20 days after the machine or vehicle has been taken up, and, in the case of a machine, shall be mailed to the owner or occupant of the premises in, on, or next to which it was found. Such notice shall set forth a -2- • description of the machine or vehicle and the street address of the premises where or near which it was found. The notice shall also state that the machine or vehicle may be sold or destroyed by the Village unless the person claiming ownership shall within 20 days after publication of the notice present satis- factory evidence of ownership to the Chief of Police, and pay a fine of $25, and a reasonable charge for hauling and storage of the machine or vehicle. Sec. 10. Liability of Licensee for Employees" Conduct. The conduct of the agents and employees of a person to whom any license has been issued shall be deemed the conduct of such person himself. Sec. 11. Liability of Property Owner. No person shall permit any real property owned, leased or controlled by him to be used for the conduct of a trade, occupation or business required to be licensed or for the maintenance thereon of any machine required to be licensed, without such license having been obtained. Sec. 12. Revocation for False Statement. If any applicant for license or renewal thereof has knowingly made any false statement in the appli- cation for license, his license may be revoked. Sec. 13, Licenses Non -Transferable. Unless otherwise provided by the ordinance requiring a license, a license is non -transferable, and the licensee shall not be entitled to a refund of any license fee upon voluntarily ceasing to carry on the activity licensed, or upon removing the machine licensed, or upon ceasing to operate the vehicle licensed. Sec. 14. Enf_orcementa Sus ensions Revocation. If any licensee vio- lates or is in default of complying with any condition, requirement, duty or rule of conduct imposed upon him as the holder of a license by any ordinance, the Village Manager or his deputy may proceed as follows: (a) He may notify the licensee in writing that he is in violation of one or more stated provisions of this ordinance or of any other ordinance of the Village applicable to the occupation, machine or vehicle licensed, and that unless the violation is removed within a specified period, not less than three days, his license will be suspended. At the end of such period, if the violation has not been removed, the Manager or his deputy shall temporarily suspend the license. (b) He may, when any violation is a substantial threat to the public peace, health, safety and welfare, or when any violation is not removed within the time allowed under subparagraph (a) above, summarily suspend the license. (c) When the Manager or his deputy has suspended a license, he shall make a written report of the facts and action taken, and submit it to the Council at their next regular meeting. He shall inform the licensee of the date, time and place of such meeting not less than three days in advance thereof, and of proposed action to be taken on the license at the meeting. The temporary or summary sus- pension of license by the Manager or his deputy shall continue until such meeting of the Council, unless the suspension is sooner removed by the Manager or his deputy„ The licensee or his attorney shall have the opportunity to be heard at - 3- 0 such meeting, whereupon the Council may order the suspension continued or removed on such terms as it may see fit and proper, or may revoke the license. If the sane license has been suspended or revoked by the Council within the previous 6 months, it shall be revoked.. (d) He may, without suspending the license, notify the licensee in writing of any supposed violation, or of any supposed false statement knowingly made in the application for license, and request an explanation. If no satis- factory explanation is submitted, he shall proceed as under subparagraph (c) above, by making a report and submitting it to the Council at their next regular meeting, and b informing the licensee in advance of the date, time, place and purpose of the meeting. The licensee or his attorney shall have the opportunity to be heard at such meeting, whereupon the Council may order the suspension of the license on such terms as it may see fit, or may revoke the license. (e) Whenever a machine or vehicle license is ordered suspended or revoked by the Council, or by the Manager or his deputy, other licenses for similar machines or vehicles held by the same licensee may also be ordered.suspended or revoked. (f) With or without acting to suspend or revoke a license, the Council or the Village Manager or his deputy may submit the violation to the Village Attorney for prosecution as for a misdemeanor. Sec. 15. Enforcement by Health Officer. With regard to any violations of ordinances which it is his duty to enforce, the Village Health Officer or his deputy shall also have all the powers and duties of the Village Manager as set forth in Section 14 above. He shall also have the power to post signs of darning to the public on any premises where he find conditions or practices which are a substantial danger to the public health and safety. Sec. 16. Interference with _posted Licenses or Signs. No person shall post a license upon premises other than those for which it was issued, or destroy, move or deface any license or sign posted under this ordinance. Sec. 17. Oneration wi hout License. No person shall carry on a trade, occupation or business, or maintain a machine or.operate a vehicle in the Village for which a license is required by ordinance, without having obtained such license. Sec. 18. Suspension or, Revocation of License, Effect of. Whenever a license has been suspended, it is void until the suspension has been removed here- under. Thereupon, the license shall again become effective. Whenever a license has been revoked, it is void, but a new license may be issued subject to any appli- cable limitations contained in this and other ordinances. Sec. 19. e_Qalty. A violation of any provision of this ordinance is a misdemeanor. Regardless of suspension or revocation of any license, any person convicted of violating any provision of this ordinance shall be subject to a penalty of a fine of not exceeding $100.00 or imprisonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution in case of either fine or imprisonment. "ME Uj Aqupted this 27th day of March, 1961. Attest *.,, (Signed)__ W. N, DICKSON (:Si&nqd) GRETCITV S. ALDEN Manor Pro Tem Village Clerk Published in Edina-Morningside Courier March 30 and April 6, 1961. 0 ORDINANCE NO. 20-1 AN ORDINANCE AMENDING ORDINANCE NO. 20, RESPECTING SBSPENSION OR REVOCATION OF LICENSES BY HEALTH OFFICER AND PUBLIC HEALTH SANITARIAN. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Seption 15 of Ordinance No. 20 (Licensing Ordinance) of the Village, is hereby amended to read as follows: "Sec. 15. Enforcement by Health Officer and Public Health Satitarian. With regard to any violations which It is his duty ito enforce, the Village Health Officer or his deupty and the Village Public Health Sanitarian or his deputy shall also have a" the powers and duties of the Village Manager as set forth in Section 14 above; provided, that any temporary or summary suspension of license by the Public Health Sanitarian under paragraphs 14 (a) or (b) above may not extend for more than 48 hours unless the order of suspension is also approved and signed by the Health Officer. The Public Health Sanitarian shall also have the power to post signs of warning to the public on any premises where he finds conditions or practices which are a substantial danger to the public • health and safety." Sec. 2. This ordinance shall be in full force and effect from and after its adoption and publication. Adopted this day of 1962. ATTEST: ( Signed) Mayor V 11age Clerk Published in Edna-Morningside Courier Publi0iod In [4in9r-'l."Ov)lnqGlJQ :':Curio.- Octobor A5 Q)d 229 19090 40 fl lt.,_Ufit��r� TJ( VILLAGE OF isDINA, MINNESOTA AN ORDINANCE AM�a' DING ORDINANCES NOS. 23, 33,9 669 101, 122, 1-313 151 and 171 of the VILLAGE AS 'TO THE LICENSE FEES THEREIN CHARGED THE VILLAGE COUNCIL OF THE VILLAGE OF ZDINA, MINNESOTA, ORDAINS: Section 1-, Section 3 or Ordinance No. 23 is hereby amended to read as follows: ItSection 3. License, The Village manager is hereby authorized to issue a license ,Then authorized by the village council for the keeping, maintenance or sale of a mechanical amusement device to any person of good moral character, upon the payment of an annual license fee of One Hundred Dollars (01.00,>00) for each device, pay-, able annually on April lst of each year "(a) Every amusement device so licensed shall contain suitable identification marks and numbers, which identification marks and numbers shall be written by the village manager upon the license issued for such amusement device, and such license shall be posted in view of the machine so licensed, 11(b) Any amusement device so licensed may be transferred from one place to another in the Village upon the issuance of a permit so to do by the village council Before such permit shall be issued, the person desiring to transfer such machine shall file with the village manager an application so to do, giving the name and address of the place from and to which the machine is to be transferred." Section 2. Section 2 of Ordinance No. 33 of the Village, as amended, is hereby amended to read as follows: "Section 2. License Required,, No person shall permit any dog over ninety days old to run �ai large within the village unless a license therefor has first been secured. Licenses shall be issued by the village clerk for a fee of 6MO." Section 3. Section 5 of Ordinance No. 66 of the Village is hereby amended to read as follows: "Section 5. Record of License; Term of License and Fee. All licenses granted pursuant to the provisions of this ordinance shall be issued by the village manager from books prepared by him for that purpose, on the stub of which shall be kept the name of the licensee, his business location and the date of granting and the date of issuing the license, and such other detail as may be necessary to form a complete memorandum of the license. "All said licenses shall terminate and expire on the first Monday in April next succeeding the issuance of the same, unless sooner revoked or forfeited as herein provided, and said licenses -hall, not be transferable or assignable 7 11,.e license fee for, saf,d &D for t I, e fies"'. �. xu I td �21- : C,,, hereaf i er wh JI,-,h license fee tdta be pa)'Ld to the -vi-Ila—, mi-),-ga e,,, btfore the anc t of such -J's e?, of Ordinannou o, 'Q), of the. Village, o,s ameAded e, 41 . S, is hel-e')7 'MaMtec. to r ac as lrollwvs, L; , lssu,.an7t of Perm -its. Any pe-rz---n d,--s!rJ'-ng a permit uha)-i raak-e the,,,�--F(U-z �,o the clerk on a form prc),vided, fw- tha'� U XIPO s e Saic, shall be approved by the chief of the fire depar"-,Ment if, upon -Jnz#-�-cltdor, he shall that the granting of the gill not, materially increase tht4 hazaret to Upon, recelpt, of an appro,�'ed publ"e, safety or expjc):�A applica'J'LoT-,!. and a fee of fli;-e the shali a pe:-Aze�- to the applicant for the purpose sta.-teQ in the app)licatir�-,-,.- For gasoline stations the fee shall be the: fit-st pump and -ma- t -,a-- 'or $5,00 for each aadlt�luaal pt,-,xp. Say ,J� Pesi - A 1 be va)dd .1 year from the data of i4s issuanc,, viI3je(,-'L by the zounc,il upon thirty day=,,." 1-1,:ili.�',,,ry -arid -1�' any t.31-m,- the of the fire departi.lient. ".11tinuance ova' tha would endanger, publIv, Section 5. Ser,tion L -11 J cnf Or`:Jnarce No. 122 of tht Villpe i3 he,-,,e,V amended to read as follovs� IlSetitdori k-, License FeLt, The annual lic.ensa fes for a .9caceriger shall be *2�-,�) r the lL--;_rst jjc.�ase iBsaed hereunder 110 ar-iy persw- a,-4d w -k I f or each sLzbsequ,ent awwal renewal there- of by such -[I* the app)J.,c.ant has not bepn engaged in the business of a scaveage2- within the Village prior to the E-anting of such licenee., and in violat,A'on of This ordinance, he shall b* allowed to pay the prorated llioens,-- fee for the balanct of the Ii6tr-se year." Section 6, Section. 16 of Ordinanan No. 131 of the V-A'Alage,, as anezLded., is hereby amended to read as fox io�v� "Section 16. Feet. All applications for licsnses shall be accompanied biEFi-(Trequired fee, for which the village clerk shal.-'< give the applicant, a c-ezeiptl. All such fees shall be paid intao the general fund of the village. Upon. rejection of an: applicat-ior, for license, the treasurer shall refund the amrv,)xit paw - -et., IMie annual fee for, an bairn, aha:!]IL b,-4 MIDOC). IITI-,� annual fee for an off -sale Xicen!ie shall be 'All licenses shall expi,- at rc-on Apr il 1st in e-9,ah year; pirc- vided. that 'f eight wntlizi of arty licenzl.ng year };acre elapsed when the application s made, th' fe� shall be to one- half of the regalar axno,�,-,at Section 7, Section 4 of Ordinance No. 151 of the Village is hereby amended to read as follows: "Section 4, License Fees, At the time of filing any applications for a food license the applicant shall ,gay to the village manager the sum of $12,00, as and for the arkival license fee for such license, The license year hereunder shall be from April 1 in any year to the following March 31, and all licenses for which application is made after the commencement of any license year shall be issued for the period fi.+m the date of the application to the next March 31, The Tillage manager shall issue to each applicant a receipt in duplicate, and the duplicate receipt shall be filed with the application. for the license. If the applica— tion is not granted the oc+,,upant shall be entitled to a refund of the license fee paid by him, Section 8, Section 4 of Ordinance No, 171 of the Village is hereby amended to read as follows: "Section 4, Taxicab 0perator2s Fee, The applicant for a taxicab operator8s license shall, before being issued said license, pay into the village treasury the sum of 41.0,00 for each vehicle to be so licensed; provided, that if the said license is denied for any reason, the aforesaid fee or fees shall forthwith be returned to the applicant. Licenses hereunder shall expire on the 31st day of March in each year. Any license may be transferred during any year only upon the additional payment of a proportional part of the fee by the transferee, in addition, to the regular fee paid by the transferor, vihen the license was issTje4, and upon approval of the village council of such transfer." Section 9, This ordinance shall be in full force and effect upon its passage and publication, Passed by the Village Council this 27th day of Februaja , 1956. (Signed) Reuben F. Erickson Mayor Si ed), Gretchen S. Alden Village Clerk,, 0 Published in the Rdina Morningside Courier March 1st and 8th fl , 1956, ORDINANCE NO. 23A AN ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT DEVICES, i REPEALING ORDINANCE NO. 23 THE VILLAGE COMMOF THE VILLAGE OF EDINA ORDAINS: Sec io_rLAo The word "machine" as used herein shall mean a mechanical amusement devic,,t as herein defined. A mechanical amusement device is defined as a machine or contrivance, including "p"all" machines, but excluding machines regulated and licensed under Ordinarces Nos. 24 or 269 which upon the insertion of a coin, slug or other token operatasp or may be operated, as a game, contest or other amusement only and which ci,ntains no automatic pay off device for the return of money, coins, merchandise, checks, tokens or any other thing or item of value, provided, how - ever, that such machine may be equipped to permit a free play or game. Segtio, n 2. No mechanical amusement device as defined herein shall be so corstructed, maintained or operated so as to be capable of taking more than one (11coin, token or slug per player for any one (1) game, and multiples of the dval(In, kind or character of the game are prohibited. "action 3. It shall be unlawful for the owner of any amusement device, or for the owner or operator of any establishment where such device is located to permit --he same to be used for gambling or for the making of bets or wagers. ;:grti_on4a4. It shall be unlawful for the licensee or for the owner or operator of the establishment where the amusement device 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 on such device, and all free games so registered shall be plated on the amusement device registering such free game, and there shall be no device on the machine whereby the operator can cancel registered free games. Section 5. No person, firm, partnership or corporation shall engage in the business of operating mechanical amusement devices in the Village without having ottained a license from the Village so to do. Any person, firm, partner- ship or ;orporation desiring to engage in the business of operating mech-%n:cal amusemen% devices shall file an application fog such license with the Manager; such application shall contain the name of the applicant, and if a partnership or firm %he names of all partners or persons interested therein, if a corpora- tion the state of incorporation, the names of all officers and managers, together with the residence address of all persons named in the application, the business address (:f the applicant, and shall state whether or not any person named in the application has ever been convicted of any crime. After the filing of the application the Manager shall forward the application to the Police Department for investigation and report. After investigation the Police Department shall report to the Manager and make its recommendation as to the granting or denial of the license. Section 60 The applicant for a license shall pay the Village a fee of $100.00 for each machine or device. Upon the issuing of the license here- in mentioned the Manager shall issue to the applicant a tag or plate suitabl; waked to identify the licensee and the machine so licensed, which said tag or plate shall be firmly affixed to the machine in such manner that it may be readily accessible to inspection. SeStiQ,p 7.�. Any duly licensed machine may be trransferred from one loca- tion to another without cost to the licensee@ and whenever a licensee shall desire to retire or remove a machine from operation he may transfer the tag or plate from the retired or removed machine to the new or replacement machine without cost to the licensee. Section Q. The licensee may at any time during the term of the license increase the number of machines operated by such licensee by applying to the Manager and paying the $100.00 fee for each machine desired. Section 9. No person shall permit such mechanical amusement device to be operated by any person under the age of 18 years, unless such person is then and there accompanied by his or her parent or natural guardian. ct on 10. No person, firm or corporation shall keep, maintain, sell or permit to be operated in his' its,or their place of business any mechanical amusement device 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, firm or corporation shall convert any mechanical amusement device into an automatic pay off device. Section 11. Any amchine, apparatus, contrivance or device which shall have been made use of in violation of the terms of this ordinance may be seizee and destroyed in compliance with the provisions of the statutes of the State of Minnesota relating to gambling devices. Sgctio_,onn ,12. In addition to all other penalties the Manager may re- voke all the licenses of any person, firm or corporation violating the terms of this ordinance. Section 13. If any part of this ordinance shall be adjudged to be invalid by a court of competent Jurisdiction such judgment or decree shall not affect or impair the remainder of this ordinance. Section 14. Any person, firm or corporation guilty of violating the terms of this ordinance shall upon conviction be fined not more than $100.00 or imprisoned for not more than 90 days. Section 15. Nothing in this ordinance shall be held to apply to any mechanical amusement devices held or kept for sale or storage and which are not actually in use or displayed for use. S22&12n l6. All licensed issued under the provisions of this ordin- ance shall expire on the 1st day of April. Section 17, Ordinance No. 23 of the pillage, entitled "An Ordinance Regulating Amusement Devices", as amended, is hereby repealed, effective July 1, 19579 and licenses granted thereunder shall expire on said date. Section I& Any person holding a license under said Ordinance No. 23 may apply for a license under this ordinance, and if the application is granted, the license fee paid for the existing license issued under said Ordinance No. 23 shall be credited against the license fee required hereunder; but if the application is denied, the applicant shall have refunded to him $75.00 of the annual license fee paid under said Ordinance No. 23 on or before April 19 1957. ATTESTs (§iined ) ARTWIR C. BREDESEN. JR. (Sign ) GRETCHEN S. ALDEN Mayor Village Clerk Pliblisshed try Fd1na-mrarningside Courier May :30 and June 6, 1951, .1 P.�- v 11 " —, I�r, � '01 % WN "", , —.., I —W, , .-fF I - W- I V1 0-10 .a" #W.,p 1. (W s - v .1 , ­1 ,.,p . - 0, , W'# v . "', , .-I NJI F.J P-VFWI.P 7 L-1 r- L-1 '1t ORDTNANCE NO., 23E AN ORDINANCE REGMITItiG A1?D LICENSING MECHANICAL. AMUSEMENT DEVICES; REPEALING ORDINANCES NOS. 23A, 24 AND 26 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS: Section 1. Definition. The term "machine" as used herein means a mechanical amusement device of any of the following types: (a) a machine or contrivance, including "pinball" machines, which upon the insertion of a coin, slug or other token operates, or may be operated, as a game, contest or other amusentient only and which contains no automatic pay-off device for the return of money, coins, merchandises 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) mechanical miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey and similar games and like -devices, machines, or games which may be played solely for amusement and not as gambling devices, and which devices or games are played by the insertion of a coin or coins or at a fee fixed and and charged by the establishment in which such devices or machines are located; or (c) amusement devices designed 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, shod, or other entertainment or exhibition. Section 2. Application Form. No machine shall be maintained for operation by the public in any place in the Village unless it has been licensed pursuant to this ordinance. The license shall be issued to the applicant, who shall be the owner or lessee of the premises where the machine is to be maintained. The application for license shall contain the name of the applicant, or if a partner- ship or form the names of all partners or persons interested therein, or if a corpor- ation the state of incorporation and the names of all officers and managers, the residence address of all persons named in the application, and the business address of the Applicant, and shall state whether or not any person named in the application has ever been convicted of any crime. The application shall also describe the machine and the premises upon which it is to be located. if the machine is of the type described in paragraph (c) of section 1, the applicant shall also submit with his application a policy or duplicate policy of liability insurance running for a period not less than the license period, applicable to death or injury caused by the operation of the licensed machine, in the minimum amounts of $25,000 for injury to or death of any person, or $50,000 for one Accident, which policy shall be written by a company authorized to do business in the State of Minnesota. After the filing of the appli- cation the Manager shall forward the application to the Police Department for investi- gation and report. After investigation the Police Departw-nt shall report to the Manager and make its recommendation as to the granting or denial of the license. Section 3. Yee. Each application shall be accompanied by the license fee, which shall be $100 for each machine described in paragraph (a) of section 1, or $25 for .any other. machine. Section 4. License Period. All licenses granted hereunder shall expire on the 1st &,y of April after issuance. is Section 5. License :Czars. Upon issuance of alicense the Manager shall issue and furnish to each each licensee a metal tag or plate clearly designating the licensing of each machine or device, which said tag or plate shall be securely fastened to the machine or device at such place on the machine so thet the iag or plate is easily and immediately discernible. pp� Section 6. Transfers. Subject to approval of the Manager in writing, any duly licensed machine may be transferred from one location to another without cost to the licensee, or the tag or plate may be taken off a machine which is to be 40 removed or retired and transferred to a new or replacement machine. Section 7. Location of Machine. No machine shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, alley or other public ground within the Village. Section 8. Ogeration by Minors. No machine of the types described in paragraphs (a) and (b) of section 1 may be played or used by any person under the age of 18 unless he is accompanied by a parent or natural guardian, nor shall any person in charge of the premises where the machine is located permit a machine to be played or used in violation of this section. Section 9. Multiple Machines. No such machine shall be so constructed, maintained or operated as to be capable of taking more than one coin, token or slug per player for any one game, and multiples of the design, kind or character of the game are prohibited. Section 10. Use for Gambling. It shall be unlawful for the owner of any such machine, or for the owner or operator of any establishment where it is located to permit the same to be used for gambling or for the making of bets or wagers. Section 11. Payoffs. It shall be unlawful for the licensee or for the owner 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 on 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. Section 12. Automatic Pay -Offs. No person,firm or corporation shall keep, maintain,sell or permit to be operated in his,its,or their place of business any machine which has been converted into an automatic pay-off device which shall dis- charge coins,checks or other tokens to the operator or player of such machine. No person,firm or corporation shall convert any machine into an automatic pay-off device. Section 13. Destruction of Illegally Operated Machines. Any machine which shill have been made use of in violation of sections 10,11 and 12 of this ordinance may be seized and destroyed in compliance with the provisions of the statutes of the State of Minnesota relating to ;ambling devices. Section 1.4. Certain Machines not Regulated. Nothing in this ordinance shall be held to apply to any machine held or kept for sale or storage and which is not actually in use or displayed for use. Section 15. Severability. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section 16. Penalt . Any person,firm or corporation guilty of violating the terms of this ordinance shall upon conviction be findd not more than $100.00 or inprisoned for not more than 90 days. Section 17. Reveal; Effective Date. Ordinances Nos. 23A, 24 and 26 are repealed effective April 1, 1961, and licenses granted thereunder shall expire on said date. This ordinance shall become effective on April 1, 1961.. Adopted this 13th day of February, 1961. (Published Edina-Mgside Courier March 2 and 9,56 ATTEST: (Signed) GRETCHEN S. ALDEN (Signed) ARTHUR C. BREDESEN, JR. �'�9111ag`e EFFt """mayor ORDINANCE NO. 24 AN ORDINANCE REGULATING AND LICENSING THE OPERATION OF MECHANICAL AMUSEMENT DEVICES FURNISHING RIDES FOR THE AMUSEMENT U1± CHILDREN. THE- VILLAGE COUNCIL OF THE. VILLAGE OF EDINA ORDAINS: As used herein the term "person" shall include any persc^ persons, firm, partnership or corporation; and the term "amusement device" sha mean and include wusement devices designed 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, circust -show, or other entertainment or exhibition. Section All such amusement devices shall be licensed under this ordinance notwithstanding the terms of any other ordinance and this ordinance shall not operate as a repeal or modification of any rather ordinance licensing amusement devices, except as such devices are defined in Section 1 hereof. Sg� gn 3. Any person desiring to operate any of the amusement devices as set forth herein shall before doing to obtain a license from the Village by making application to the Manager, which said application shall contain the name of the person, and if a partnership, the name of the partneres if a corporation tine namea of the officers of such corporation; the place or places of business at which such amusement device is to be loc;atedp together with the home address of all persons listed in the applicationp the type of amusement device to be used; and said applicant shall furnish a policy or duplicate peiicy of liability insurance In a sum of not less than $25,000.00 for Injury to one person, nor :less than $500000,00 for one accident, which said policy shall be written by an Insurance company authorized to do business in the State of Minnesota, and which shall be approved as to form and executiuA by the Village Attorney. SS Lion 4. All licenses granted hereunder shall expire on the lst day of April after issuance, and the fee therefor shall be $15.00 for each machine or device licensed by the licensee. Section 5. No amusement device as defined herein shall be located. placed, maintained or operated on any public street, avenue„ boulevards lane® alley or other public ground within the Village. Section 6. Any failure to comply with the terms of this ordinance shall be grounds for revoration of the license issued under the terms of this ordinance - Section 7. Any person violating the terms of this ordinance shall, upon conviction thereof, be punished by a fine of not to exceed $100,00 or im.pr-isonaw-nt for not to exceed 90 days. Adopted nth i x 13tt, day of Mays 1957. ATT E aT Signed ? ARTHUR G�BRFDESEN� i3p ...�.`VIETCHEN S. AUDENMayor , V111-3qe Clork fly vb1 i stuaei in .Edina =Mein l ng � ,fie Cour er May 16 and 23, 1957. FOR 'il l; P'RESERVAT ICN OF HEALTH ,*M THE PREVENTION AND SUPPRESSION OF DISEASE :IN THE VI,LLAGE OF EDINA, AND FOR THE INSPECT:IONp 141EHGTT,ATTON AND LICENSING OF PERSONS ENGAGED IN TILE BUSINESS OF VENDING FOOD, RV z�,R `iA-i.ROUGH THE USE OR OPERATION OF VENDING "AACHTWELS OF ANY KDR) 0R. -YPE � AND _PENALTIES iP VIOLATIONS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Sect on . The 1--aord "person" as used in this ordinance shall include any and all individualss firms, associations, partnerships or corporations. The word "food" as used in this nrr, nance shall include all articles of foods confections drink or condiments For "urna�a consumption, whether simple, mixed or compounded, and all substances or ingredients used in the prepatration thereof. Sectio_ n 2. No person within the Village shall engage, or continue in9 or carry on the business of selling or vending any food, through or by the use or operation of vending machines of any kind or typet without first having obtained a license from the Manager and complying with the provisions of this ordinance. Provided that a "vending machine" is hereby defined as any machine opexated by any coin above one penny in value. Section 3. Any person desiring to engage or continue in or carry or the business specified in Section 2 hereof may file with the Manager a written: application to the Manager for a license, stating therein his true name, xesidence, place of business, the address of the place or places wherein he p,�vposes to install and operate any vending machine, the kind and number there - off, the kind and general description of the article or articles he proposes to ;ell or vend by the use of said machiness the address of the place where such articles are manufactured or stored, the address of the place where the! articles to be sold by the use of said machines are placed in said machines, unless the same are filled at the place of their location. Each application shall be signed by the applicant in person if an individual, or by a member, partner or manager if an associations firm or co -partnership, or by an officer if a copporation. If approved, a license shall be issued by the Manager, after payment of the re- quired fee. The amount of the fee paid and the number of machines for which the license is issued shall be stated thereon. Provided that vending machines here- tofore installed and in use when this ordinance becomes effective may be con- t1nued in operation for the sale of such merchandise until the owner or operators thereof shall have times not exceeding thirty dayss to make application for licenses and permits, and until such application has been acted on by the Manager. Section 4. The annual license fees for the license herein required are hereby fixed as follows: For a license to install, use and operate not to exceed two of such vending machines of any kind or type, the sum of $25.00; for each additional vending machine over twos the sum of $12.50. The fee shall be paid to the Treasurer before any license shall be issued. After a license has been issued to an applicant by the Managerj� and there has been paid to the Treasurer the sum of $12.50 for each additional machine, the applicant may receive from said Manager from time to time written permits to installs use and operate additional vending machines over and above the number stated in his original application. The application for such permit shall state the desired additional number, the date and number of the original license, the street address of the property or place wherein he proposes; to install the additional machines, and shall be signed in the manner required for an original application. In case a licensee changes or removes a vending machine PV -2roa,, tho iai '1-:111ch it is by Ills 3,Uce­se, Ow" pcz.mit -Co biW) located 'aported c-ind instal's i;`ia some in zi now loCatiOn. SUCLI eland 10rat-10i-I 0hZ11 ',30 in viritn 5 J...'g to the blialager -filj-liin I:an d,-ajs a-f"Cor sucl'l Channge OW, ramoval. No such permit shall b.,, iszlied to any person not having a license from the e-nd tfho hzs not x,:i',aI I:Iae z"equired $215.00 for a liccns�3 -t7,;o machines CT less. a.:_�C;t50-"I 5.1. An-y 121CCNIS-Z, creMt!d tnide-z' 'ehis ordinance may be xcvoked at -�.,ny ti-me by the Mznzcg0r, 02, by Ihe cou_z• u )on con-iric-PI.-ion of the holder thereof of any violat-5.0n of this ordinanc-an 1conso issued heireundor shall expLi---e arg h.pril I nex,t atfioz the same z!'1011 Ll�? issued p unluoss sooner re3vokad. c is Ever! licansoe lie, GU-1,00T s? all comply with all tdie health and, sanitary regulations set out in Sactionz 3 and 9 of Ordinance No. IM of the Village!, entitled "An Ordinance Providing nor the Licensingg inspection and Reg-Iaticn of Food Handling Establishments% in so far as sluch requirements a:re appropriats and applicable and requisite for the curet handling, storage and sale of arey of the articles sold or disposed of by the use of vending machines undor kt;ie terms of this ordinance. Sec j_ion _j, No licentsee shall. Lnstlallq use or operate at any time a gxeateanumber of vending machines than t�lat for, t,hick he has been granted a license or peximit znd paid tho fees there-2-or. The manager shall provide a suitable metallic tc.�- h 1. � rhot.ving the proper numb?_,, olL the license or permit -11-here- ono and. shall furniski i; o s a c h licensee o".,,, of such tags for each Machine "For which he has obtained licanse or poxglit. Tile !I-consee shall aff-"'X &nd e -e p affixed one of said tegs to each vending machine operated by him. under. his license or permit. Irs case a licensce shall make and file zrn affj(3avi01at any such tags have beon lost or destroyed-2 said Me -eager shail iszue to him duplicates thereof upon payment to t1le TZ-Gazuror of the slrnl< of •r-wenty­five cents for each duplicate issuad. 3t TM3 ordinance shall not apply to or prohibit tho use of any Such va-lding machines o-imed and Gra rated 171 any Mcensee!, o has been rcgula_rly licenasad under the of lk:he ordinance, specified in Se -'ion 6 here- of; provided such vending machines az-01 operated upon the premises foz- which the said licensee has been a license under s�AM ordinance. §gxc, All licanses o" PeVnitso the application for vfhich shall be made after thza coma,,encenuorn. of any license year, shall be is!.usd fox the period from the date of the aPplication therefov to, the first day of April next follouiing the issuance of the same, upon -&,e payment irf the applicant for any such license or permit of a propo2tionaIlo pa2't and "amount of the annual license and permit feet horain esta-blishe.al and :rc,-,,pired f"or saple. Sec. ion Any person who shall violate any of the provisions of this ordinances upon CCIIIVictiOn thereof before the Municipal Court of !3ald Villagep shall be punir,,h,,w_'A by Ja finof not to oxceed $100.00 or blmPi rison- ment for not to exceed ninety (90) dayse Section -0 1* All ordinances and p�rtz of ordinances inconsist-ent herewith are hereby repealed. Sanction 12. This oTidilnarzce rhm_7I:,. tak, e�7foct and be in fozc(3 from and after its publication. ATTEST: .Ls (Signed) M RM-LEN S. AIDEM Village Clerk I blizh in F-dina-Morninc gsids Courier Ple- y 30 a -rid t o 6, IM577ue AN ORDINANCE REGULAT i NG AND L ICE NS I NG THE OPFRAT CON OF MINIATURE POOL TABLESs BOWLING MAC«'HINFSv SHUFFLE BOARDS AND UTTER S-TMfLAR _ AMUSEMENT DEV I CF S T!�E J"ILL,ACE COUNCIL, OF 'TK- VILLAGE OF F111INA ORDAINS: Sec lord As used herein the term person shall include any person, persons, firmw partnership or corporat.ion,, Fhe term amusement device shall mean and include meth,onical mInI ature pool tables. bowling machines, ,%huffl* boardso electric rifle or gun ranges miniature mechanical devices and games or amQAement:s patterned after basebal lw bA,,ket.b ill; hotkey :and slmlletr gamos and like deviresfl machine, or garners whi�h may foe p'i yedi soleily four amusememv, and not ,as gambling dovices,,, find which deviii:et or ganes $1re played by the In- sertion of a coin or coins or at a fee fierl and charged try the esta'i�l;sh;:ntrt. In which such deviice� or machines are ltcAt.edr, and shall not incluak- pin oa4l machines or similar devices licensed any; regulated under other ordinances of the Village. S�� tiara Any person desiring to operate any of the amusement devices as set forth herein shall before doing so obtain a license by maklno application to the Manager, which said appllc8tlon shall contain tho name of the personw .and if a partnership, the name of the partners, and if a c*rporz— Lion the names of the officers of such corporation; together with the tlranio addresi of :all persona listed in the application, and the type of amuAwnprit. device to be used. Stith application sham state whether or not the .arp,ilravt car any person named in the application ha* ever been �ionvri rvted if a f� aocyy, and such application :shall, be submitted to, the oc; ice deparfinent,for Is vmPi,t1t7a- °tio-n and :repoart and rec.ommendatlon� k-;_Y ioiv All licenser granted hereunder, shall explre on itho 4st clay of April aftor issuance, and the fee theref&:_- shall be $50.00 per WIMPm fot each machine or device licensed by the llcensee,, Upon issuance of a license the Manager shall issue and furnish to each licensee a metal taco 0-r plate clearly diesignatping the licensing of each machine or devlce� which said tag or plate shall be securely fastened to, the ma -chine or device ,at: ,with place on the machine so that, the tag or plate Is easily :and Immediately 11 s ;ern® Lble4 2e tiora ja All, valid licensesg tigs or plates issued hereunder may be transferred by the licensee from one machine or device to another end frrv: one 1oL',d;ation to anothero t f qg 5F It shall be unl <mvful for any person under the aq# o " IS year's to pkay or use -any of the devil es fig°ens.ed tinder this ordinan rev Ana It: shale be unlawful for . the a! lcensee and any other person In charge of f'tite 41*, re to pet-mit anyone unde,,?, the age of 18 ye,sT* 416 play or a,se the sold 4levi« e �Anless the minor, is accompanied by his o;r her parents or natural guerdl-vv:, ecti r• bo No amusement device as defined herein shall f10 plated, maintained or. operated on any public- st.°;eet.w avenue, bouievaardi, ,are, ailed or other public grounds within the Village< ` t1_, 2P-7., Arty failure to comply with #hea 'terms of this shall be graunds for revocation of the license issued under the terms v;, a Any person violating the terms of this r��irvsnc:+� �fra 'Ft, aeon onv lc.tit)n thereof, be punished by a flne of not t e*reed 0 T prl s nment for no.,, to ewceed 90 days:, Mis ordinam a shall 'fake of fo t. and k,e In forr:;e i'wi : d4r, x <• mow'. �'. t a f 191)) Mal» Y �. % 5,.q :.e ...., _.s. • !`G`J�T 1^ w. �6i : LF ..c..w MiO.+r ��..._..,. ... ..,... _M! �i,Yt.-r.'C,j.� e< Mjr Oi'.DIVANCE NO. 27 AN Opvl"NANCr REGULATIFG MM I QUIRING Tier MCF114SING OF KART TRACKS AIM PROVIDING A PENAL`1'Y IILw'. VILLAGE COUNCIL OF THs VILLAGE OF EDINA ORDAINS: Section 1, Definitions._ Foi: purposes of this ordinance, a "kart" is defined as any sin le -seat sport vehicle ueighing less than 150 pounds., powered by an internal combustion_ engine or engines having not more than four (4) horse- power, and a "kart track" is defined as any track, area or surface upon which karts are driven and which is operated as a busyness enterprise by charging a fee for admission to the track area or for the privilege of operating a kart thereon. Section 20 License Required. No person shall operate, or permit to be operated upon premises owned or leased by him, any kart: track without a license Navin; been obtained to operate the same. Section 3, License Procedure and Control; Penalties, The provisions of Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, Section 4. Application for License. The applicant- for a license shall disclose upon or attach to the form of application the following information: (a) His na= and business and horse address, or, if the applicant is an association or corporation, the name and address of such partnership, association or corporation; (b) If the applicant is a partnership, the names and business and home addresses of all partners; if the applicant is an association or corporation, the names and business and home addresses of the majority of the mimers rhs:reof; and(c) The address of the premises where the enterprise is to be conducted; (d) A plan of such premises, drawn to scale, shod:in g the distance from such premises to the nearest: public streets, the location and dimensions of the track, of the parking facilities provided in connection therewith, and of the sp:ctato;r area, and the location of the lighting fixtures. Section 5, License Fee, The fee for the license required by this ordi- nance shall. be $5o00 per Dart per .,mnum er $40.00, whichever is greater, Section 6. Li_ability_Insurance. Vie applicant shall also furnish evidence that a public liability insurance policy in amounts of not: less than M0,000 for ona person and $300,000 for any one accident has been procured with respect to the premises to be Licensed. Section 7. Re wired Facilities. (a) Off-street parking facilities shall be provided at least equal in area to the area of the track. (G) Illumination shall be provided so that there shall be not less thnn Fifteen (15) foot-candles of light in the area cf the track, measured at any point which is 3 feet above the track, 0 Section 8. Re ul.ations for Track Qperati.ons, Leery holder of a license hereunder shall be respensi.ble for maintaining and enforcing the following restrictions on operation of any kart track: (a) No corpetit-ive racing shall be permitted. (b) No kart shall be driven on the kart track which is capable of a speed in excess of 25 miles per hour. Compliance :with this restriction may be made by use of a governor Mnich cannot be manually adjusted by the driver while operating the kart (c) No kart shall be driven on the track which is not equipped with a fiUffler (d) No sound arrpli fication system shall be permitted to be used at the track, (e) No kart or other vehicle weighing more than 150 pounds or having more than four (4) horsepower shall be allowed to be operated on the tracks (f) The hours of operation of the track shall be limited to the hours betr;een 9:00 o'clock A.M. and 11:00 o'clock P.M. Section 9. Penalty_. Any person vho violates or fails to comply with any provision of this ordinance, either ,as the operator of a track or us a patron thereof, shall be guilty of a misdemeanor, and subject to a fine of not to exceed $100, or imprisonment for a period not to exceed 30 days, zr?th costs of prosecution in either case to be added. Adopted by the Village Council this 24th day of April, 1961. ATTEST: „Signed) ARTHQR CC BnEDESEN JR. a _. Gfi%r, 4Hb;F3 S o ElL EPd Hayor Village Clerk Published in Edina-Worningside Courier May 11, 1961. 0 ORDINANCE NO. 31-1 AN ORDINANCE AMENDING ORDINANCE NO. 31% PROVIDING FOR THE IMPOUNDI14G OR DESTRUCTION OF ANIMALS AS A MEASURE OF PROTECTION AGAINST RABIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 31 of the Village, entitled "An Ordinance Prohibiting Animals Running at Large, and Establishing a Pound for the Impound- ing of Such Animals," is hereby amended by adding thereto a section reading as follows: "Sec. 10. Impounding or Destruction of Animals Suspected of Rabies. Any animal that has bitten a person shall be taken up and impounded and shall be locked up for at least 14 days separate and apart from other animals and under the supervision of a veterinarian until it is determined whether said animal had or has rabies. The cost incurred by the Village in carrying out the provisions of this paragraph shall be paid to the Village by the owner of such impounded animal and such cost may be collected by appropriate action in the Municipal Court of the Village. "Any animal known to have been bitten or exposed to rabies shall be picked up and destroyed; provided, however, that such animal may be immediately killed if with reasonable effort it cannot first be taken up and impounded. If so picked up and impounded, the animal shall not be destroyed if the owner thereof makes provisions for a suitable quarantine for a period of not less than six months or proof of immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner of such animal." Section 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Adopted this 14th day of May, 1962, ATTEST: (Si ned) ARTHUR C. BREDESEN JR. f Si ned ) GRETCHEN S. ALDEN x" y"___- -- - - - �.__� �___ � .....�- _� � Mayor Village -aCl € Published in Edina-Morningside Courier May 24, 1962. All TCj 3 33 OF THE VILIAG., Ell T ST NG '_D!,,',,NJC.E LIG - 0 OF EDIINAP AND 1`47MULAT-1111C DOGS, 1 T 1_1 NT L-C Y. V-,-., A COUNCIT i 1 1 A " �T,­� : .41 OF THE VILL!.,,G_7 .71DINT.A, M7,j`Ej-OM,' ORIDAL— Section. 1, Section 8 of Ordirance No. 33 of the Vil ' lage, entitled 11jL-1 Orrin. ,nce Lico-nSiri- an'-`_ ReLulatvinE. DD^ZS, 11rovid.113v :. Dogs, and Prescribing a Pena!'Cy for Viol-ation,", is heraby .-Lmended to read as follows: "Section 8. 1-11-o-demption. Any dog may be redeemed from the pound by an aowner within. ;,he time or period stated in section '7 by paying to the clerk the license fee for the current year, an LripoundiriE, fee of $5.00, and a fee of $1.00 for each day the dog is confined in the pound as the cost of feeding. If the dog impounded has a license taE for the current- year at the t4 Me it is, taken. lip, the license fee mentioned in the preceding siontence shall not be paid by the ourner." Sect -Lon 2. This ordinance shall be in effect from and after is passage and pub-licpt%ion accordinr to law,. Adoptecl this l3th day of 1954. ATTEST: F. ZRIC-KSON (Signed) EVAY:D C. B , M, �11' Village Clerk Published in Edina-1 ornimgs_f de Courier April 22 and 28,1 1954, 6 ORDINANCE NO. 33-2 AN ORDINMNCE. A;-,-E"I iING CRDINIINCE NO. 33 OF THE VILLAGE RELATI!I 0 LICENSING AND REGULATING DOGS, BY IMP06ING REISTE ICTIONS ON TM Ia UN?WING AT L AF.GE OF DOGS THE VILLAGE 'QOU,';'!-U Or T[HE VILLAGE OF EDL�A Ot:1iNS: Section 1. Sect.Jon 1 of Or•di_nr-'-e No., 33, ao ? �.i, o.L the Villas e, entitled n .AnO.rdinanc�c Licensi.n- and L : �_.: t•ing yor-s r: f v' c.`_ng for Impounding Dogs, and Prescribing a Penalty for Violat .c• z, " is ,'ad ' o i-ead as follows. r,)--ction 1. Definitions. :is used in this ord'ance, 3os:nerI I'!^c 2S anI pet5or. owning, harboring or keeping a dog; ato run at 1,7�rgel means to be o--f'f the prey ices of the ovrner; �.nd l priva to Ken>.iel p means any prerni.ses where more than two dof-,s over six r9ontrs of ag.e are 'kept or harbored, such dogs being owned by the owner or lessee of the premises, and such dogs being confined at all tines and not perrrdi:ved to run at Large." Sectta.on 2, Section 14 or said Ordinance is hereby amended to read as follows: 'Section 1 4,, Restrictions on Dogs. (a ) ,°do nero-n shall. keep or harbor a dog which habitually barks or cries the hour., as 10:00 and 7:00 '. � b TIo dogs shy 1?_ :-:n; i_t,ted tc- run at large on the grounds of t.ny rublic or : t:r: _-pr ?l.ie institutions such as schools, churches or y- 9 s7 mani.ciTpal bvilciin s or ;n business or shopping a.rec,•.s or stores or crrjr.erciz.l buildin.!-3, unless it is effecti�rely r strained b;y chain or leash not exceeding s:I-x (6) feet, in lnn�rt.h, or unless accompanied '. y and undar the control a7,d diYrction of the o-mner so as to be as effectively rest-• ined by co -n,nd as by leash, and unless it wer:z°s ti?e collar and tc.g; .^bc-zra desCri.',,ccin Thc police officers of the Village shall take up L.nci any c1o,r, foond at Large in violation o" this subpa.r;?,g aph (b) ,::.,r_r'. de<-1_ „_�!� it in :accordance with the provisions of sections 7, ', 9 and 11. ( e1 No owner shall permit his dog- to damage any laFan, ga..^den or other property. (d) No more than two dogs c rer six months of age may be kept or harbored a.t an�7, place; ?provided, however, that no more than 10 dogs over the age of sir months -nz,y be kap+_, in any private kennel. � Section 3. This ordinance ohall be in effect from and after May 16, 1955� (Signed) REUIIEN F. -2ICKSON ATTEST: Mayor (Signed) Gi=CHZM S. ALD?'_N Village Clerk Published in Edina-Morningsade Courier May 12, 1955. L�] AN 0116DI11: ?iCE AMENDING ORDINANCE NO. 33 OF THE VILLAGE RELATING TO LICENSING AND REGULATING DOGS BY IMPOSING ADDITIONAL RESTRICTIONS ON THE RU11?ING AT LARGE OF DOGS AND ADDING PROVISIONS AS TO ENFORCEMENT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. Section llF of Ordinance No. 33, as amended, of the Village, entitled "An Ordinance Licensing and Regulating Dogs, Providing For Impounding Dogs and Prescribing Penalty for Violation" is hereby amended to read as follows: "Section 14. Restrictions. on Does. (a) No person shall keep or harbor a dog which habitually barks or cries between the hours c,: 10:00 P.M. and 7:00 A.M. (b) No dog shall be per-.itted to run at large at the times or in the places stated below: (1) At any time iN or upon the grounds of any public or semi- G �`_7 -S 7 public institutiova such as parks, libraries, schools, churches or other public buildings, or in business or shopping areas or stores or commer,:ial buildings. (2) At night between the hours of 10:00 P.M. and 7:00 A.M. (3) Between '..he dates of April 1 and September 30 of each year. (c) A dog shall ')e deemed to run at large unless it is effectively restrained by a ;hain or leash or unless accompanied by and under the control and iirection of some person so as to be as effectively restrained by rimmand as by leash. (d) No owner shall permit his dog to damage any lawn, garden or other properi y. (e) No mor,: than two dogs over six months of age may be kept or harbored at any place; provided, however, that no more than ten dogs over the ?ge of six months may be kept in a private kennel. The poli.e officers of the Village shall take up and impound any dog kept, harbored or running at large in violation of this section and deal i.-th it in accordance with the provisions of Section 7, g, 9 and 1-1.n Section 2. To said ordinance there is hereby added an additional section, as follows: "Section 20. Special Enforcement Officers. The Village Manager may appoint and deputize, as special officers, such of the employees or owners of any kennel designated as the dog pound hereunder as may be necessary to enforce the provisions of this ordinance." Section 3. This ordinance shall be in effect from and after its passag; and publication according to law. ATTEST: (Signed) REEUBEN F. ERICKSON (Signed) GRETCHEN S. ALDEN, Clerk Mayor Publi,hed in Edina-Morningside Courier January 26 and February 2, 1956. 1� CRDXNAN!;E NO. 33-4 AN ORDINANCE PROHIBITING THE RUNNING AT LARGE OF DOGSs AMENDING ORDINANCE NO. 33 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS s §eStion la Paragraph (bl, of Section 14 of Ordinance No. 33 of the Village, as amendedq entitled "An Ordinance Licensing and Regulating Dogs, Providing for Impounding Dogs and Prescribing Penalty for Violation", is hereby amended to .read as follows "(b) No dog shall ba permitted to ;run at large at any time." Section 2. This Ordinance shall be in force and effect from and after its passage and publication according to lawn Adopted this 8th day of April„ 1957. ATTESTS (Sislned) EMIL All. FRONK ISianed!) GRETCHEN S. ALDEN Mayor Pro Tem Village Clerk 6 ORDINANCE NO. 33A AN CtRDIN:uSCL LI01!NSL-JG AND REGULATING DOGS, PROVIDING FOR IMPOUNDING DOGS, AND PRESCRIBLNG PENALTIr;5 FOR VIOLATIONS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1,, Definitionso As used in this ordinance, "Owner" means any person owning, harboring or keeping a dog; and "private kennel" means any premises where more than two dogs over six months of age are kept or harbored, said dogs being owped by the owner or lessee of the premises, and said dogs beirg,confined at all times, Section 2. License Required. Arq person owning, harboring or keep— ing a dog in the Village over ninety days old, except a dog which is at all times kept confined on the ouneres premises, shall secure a license for such dog from the Village Clerk. The fee for such license shall be $3,00 for each dog weighing under 30 l»bs.s and 65oOO for each dog weighing 30 lbs. or more. Section 3. Date of payment. Each owner of a dog shal1 pay the license fee imposed in Section 2 to the Clerk on or before the first day of May in each year, or upon acquiring ownership or possession of any unlicensed dog, or upon establishing residence in the Village. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official paper one time before the 15th day of April ir, each year, Section 4. Receipts and Tags, Upon the payment of the license fee, the Clerk shall execute a receipt in duplicate, He shall deliver the original receipt to the person who pays the fee and retain the d,upUcate He shall also procure a sufficient number.of suitable metallic tags,, the shape of which shall be different for each license year; and he shall deliver one appropriate tag to the owner when the fee is paid. Section 5. Affixing Tags. The owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the Village, The owner shall see that the tag is constantly worn by such dog. Section b, Duplicate Tags. In case any dog tag is lost, a duplicate may be issued by the Clerk upon presentation of a receipt, showing the payment of the license fee for the current year, A charge of 50 cents shall be made for each such duplicate tag. Section 7. Offenses `�nvolviny Tags. It shall be unlawful to counter fait or attempt to counterfeit the tag provided for in section 4 of this ordinance, or to take from any dog 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 Sectica 8. Tags Not Transferable, Dog tags shall not be transferable and no refunds shall be made on any dog license fee because of 'wing the Village to or death of the dog before the expiration of the license period. Section 9. Impounding, The police officers of the Village or such person or persons as may be designated by the Council shall take up and impoLmd aVy dog .i ound in the Village off the premises of its owner Athouta, the tag provided for in :)'ection 4 thereof, or any dog kept. harbored or running at large in violation of Section 17 of this ordinance, Section. 10. Notic3 of T:M2undir ., Upon taking up and impounding any dog whose owner is not known, the Clerk shallimmediately post in three or taore conspicuous places in th s Village a notice of impounding in substan- tia; 1. r the following forme NOTICE Cr 1XI10UNrDING DOG Date-_ s19__-- To Whom It May Concern: I have this day taken up and impounded. in the pound of the Village at _ St,,, a dog corresponding to the following descrir�- tions Sex Color_ Breed .._. M�Approximate age Notice is hereby given that unless said clog is claimed and redeemed on or before_ o11 clock 1K.. on Lhe _ day of lg , the same will be sole or killed as provided by ordinance, Signed t )314 711LAGz CL.LM Upon t&ks.ng and impounding any dog i�rhose ownership is known, the Clerk shall irmediately notify the owner_ The date of sale or killing of the dog shall be on or after the fifth day after the posting of the notice or notification of the owner, unless that date falls on a Sunday or holiday, in which ease it shall be on or after the following day, Sections 11,, Red�mption Any dog :uay be redeemed from the pound by an _owner -.within the time or period stated in section 10 by paying to the Clerk the license fee for the current year, an impounding fee of 45.00,, and a fee of $1.00 for each day the dog is confined in the pound as the cost of feeding, If the dog to be redeemed was impounded by the Village once during the 12=montah period next, preceding the date of the present impounding, the impounding fern shall. be $10:,00; or, if the dog was impounded twice during such period, the impounding fee shall be 0^20,,00; or, if the dog was impounded three times or more during such period, the impounding fee shall be �4.0,00,, If the dog, im= pounded has a license tag for the current year a`, the t i:ae it is taken up, t:.e license fee :mentioned in the preceding sentence shall not be pair: by the owner:, Section 12, Release, Upon the presentation of a receipt for a dog license for the-:u.rrent, year and of the fees provided in Section 11., the Clerk shall release to any owner the dog claimed by him. Sectioal 13, Disoosition of Unclaimad i;2&s, Any dog not claimed as provided. in section 11 within five days after porting of the impounding notice, or notification of the owner, may be sold at a r _asonab_le arice which shall be not less than th:. -?-mount o--!* fees wi:ich the owner wou)..d have to pay to redeem the dog, ".11 sums receivel over aria above tiie f<les entmerated in section 11 shall be held by the clerk for L%e benefit: of t1no owner and if :lot claimed, .in tistTke Year c u,:r tldr'P� st P I As? •- t ar`• X` '} . ',If x°i e, I u ad4 t) Loe VIag,—, Uil.#':> a ;'�' . ��:'•: ..� �."1"^1'i �3 tr y '' ',. , i.r,;. .� <_ 3. � 4. a«;§1 ��� `it.C' '•.r�I:(P"tC n, , Section .14,: Es-tablishwe t�ofwDoe °ound,: The Council, may constru and mai.rLa.in a dog pound., or designate Was �:x�t deg pound a sult.,able and repu;.. kennel _either within or �,rll hoot the Village Limits, ;iect,ion 1, Ua c ipn_� Any owner may object to the impound:. Ing c • subsequent di sposit'lor. of his 'log rig bet,,g riot in accordance vrit•h the prove ,icns of this ordinance, by filing an objection signed by him .,,d.th the Vill.ige Clerk within five days after t1he aet>ion ot.`,acted to was taken ,i.thi:n. tan days, after the fil zig, cf the objection, t:.iae Village may bring are action in the mcjii.cipr l court of this VUlage gay sera-i.ng or; t rra, ubJectirg owner a complaint se,,, in.g forth the violation, of the or d` nauce on ti:e LrarL of the object ing owner wi i.ch gave rise to the act ou by the Village wli!(r i:z obJected to, The court uw t"ten order: or approve the return of the clog to ttLe owmer, kith or without Uie pa.. rent of redemption fees by t'%e own(i,,; or the killing or sale of the dog or, if ,;he dog this been irnprr)porl,;y killed or sold,, the pay.nent to the owner of the r:=ason ablta value of the doge or°,,, iDlpositi.on on tAhes owner of t;ne same -)enalty as for ccm=> mission of a miodemeanor; or, arty two or ,i.ore. of tiae fore;;oin,g, when ark obje,etion has been filed with the Village Clerk, toe VJ .Iag!;� shall not kill or sell t'i,� dog referred to in. the ob,,,•ec'x ton if A is still In :';Is pouadr but shall within tern days after filing of suca <,,b ection, either r -Au.rn tre dog to the owner, without l .ab.i_l .ty on hi.:: p:.,rt for any fee..,, or keep 1A pet ding Teter-. inat.-ion of the acatlon described in this aect,ia;t., If the :.Tot; has t.>een d1led or sold, the Vj l:la:- - shall within ten days after' such Ming e -t,her jay over to t .e owner the reason able :ra.l.ae of the clog, o­ t-eg la the act; on de:c:cribecl in this section S-action 16,, Oor'Sin m ent of ,;eeY.a.i n_ Dogs: Female dogs i.ri heat, and dogs r a' vicious habits to cause injtrxnr to ary person s.'Pa1l by kept con- fined or the prenises of ownvr� The police officers of t»ie Village shall tak up anc; i.mpo;rnd any dog found oft the ownee; t, premises in violation of this pro-- vis a-,,n and cleat with at in ac.,coxdance with the provisions of Sections 9 through 13 '.my dog that, has bitten a person shaU be ;oaken up and impounded. and was l be locked. up for at east fourteen days separate 3.n.1 apart., from other dogs and under the super°visian of a veterdnariar until it is deter iLinFct whether said dog had or has rabies., The cost in+cur.red by the Village in carrying out the pro-d,sxone of this paragraph shall be paid t4, the Village by the owner of such ImpouYiued dog, and such costs ray be collected by appropriate acV_, on 11-1 the N7rre�cipal "our, of the ViUag.e if' resort thereto bet,.Omes necessary to col.lea" such cost, Any dog known to have beer) bitten or tixr)-ased to rabies shall be pick-e-3 up nn ? clestroyed, .3rovi.ded, however, that sP.c b do- may be immed a ei4 lolled if With reasonable effort it cannot first be taken up and impounded... tf so plc, e t up and impounded, tine dog shall not be destroyed it" the owner ther&.)f rakes pro vssion for a suita As quarantine for a period of not, less than six months or pr°oot 3f timr.rr,.i?,ata.on is furniabed. and booster injection, are given by a l:ic:-.nzza ve+ter narian at the exrens� of the owner of such dog ect.xon 1.7, Rest ricttJons_or_20J;�i, (a) No person shall keep or harbor a dog wtAch habitually barks or erie: t,etweez the hours of JQ,-1,(X1 P, 1.1, and 7-UO A�. D:-, ' f f t do.� si'Ra_11 be per'mitt:,F�.i t:: 1o ,.:c• I-�rF:th.se�°, r.r;�� wz.et° �+t or in pl.act—,s below sp:..c'.. �,%F••'�. ,i.f1,��.`:h';� ism ,19 -r.r:3wh�t.� or acCC2i!ip"InJ.ed li.�v a 'ria,ri cog as r1'fc­c t.+ °- : M1c3; .r , -al o�l, Y r , t,. t=y ., -Iran 4, by (l .at,, arty time in oR. up<i °.t;Y groi.ru s ui � :bii, ar emk p , pp� tions, such as parks, libraries, schools, churches or other publJo buildings, or in business or shopping areas, stores or commercial buildings„ (2) At night between the hours of 10:00 P. M. and 7:UO A. M. (3) At any time or in any place, between the dates of April 1 and September 30 of any year. • `cj No owner shall permit his dog to damage any lawn, garden or other property, (d) No more than 2 dogs over 6 months of age shall be kept or harbored at any place; provided, however, that no more than 10 dogs over the age of 6 months may be kept in a private kennel. Section 18, Muzzling_ Proclamation, When the health officer shall have determined that a dog found in the Village is infected with rabies or hydrophobia, the mayor may, upon written advice of the health officer that the public safety and general welfare require it, order, by proclamation, that all dogs be muzzled when off the premises of the owner, and that all unmuzzled dogs found off the premises of the owner be immediately taken up and impounded, and may further order that, after the proclamation has been published for forty- eight hours, either by posting or by printing in the official newspaper, all dogs found off the premises of the owner unmuzzled shall be taken up, impounded and killed, except that an officer may immediately kill such unmuzzled dag if with reasonable effort it cannot first be taken up and impounded. Any dog seized and impounded during the first forty-eight tours after the publishing of any such proclamation -shall, if claimed within five days and if not infected with hydrophobia or rabies, be returned to its owner without any fee as described in Section 11 being required, but after said five days, such dogs may be killed Section 19. Interference with Officers No unauthorized person shall break open the pound or attempt to do so, or take or let out any dogs therefrom, or take or attempt to take from any officer any dog taken up by him in compliance with this ordinance, or in any manner interfere with or hinder such officer in the discharge of his duties under this ordinance. Section 20. Penalties, In addition to the other penalties prescribed herein, any person owning, keeping or harboring a dog in violation of this ordinance shall upon conviction thereof be punishable by imprisonment for not more than 90 days, or by a fine of not more than $100. Section 21. Ordinances Nos. 33, 33m1, 33-2, 33-3 and 33-4 of the Village are hereby repealed and rescinded, Section 22. This ordinance shall be in effect from and after its passage and publication according to law; provided, however, that licenses heretofore lawfully obtained for dogs in the Village shall main valid in accordance with the terms of issuance thereof, until May 1, 1958. Adopted this 22nd day of July 9 1957. ATTEST: ksign.dj OUIETCHa S. ALDEN Village Clerk si ed,) &UL F. ELM Mayor Pro Tam 0 • 0 No. 41 AN ORDINANCE REGULATING OPERATION AND REQUIRING REGISTRATION OF BICYCLES, MOTOR BICYCLES, AND MOTOR SCOOTERS, AND PROVIDING A PENALTY FOR VIOLATION Section 1. Licensing and Registration Re- quired. No person shall ride or use a bicycle, motor bicycle, or motor scooter upon any public street, highway, or boulevard, such bicycle or scooter being owned by a resident of the Village or customarily kept or stored at a place within the Village, unless the same shall be licensed and regis- tered as herein provided. Section 2. Registration Information. Every owner of a bicycle, motor bicycle, or motor scooter referred to in Section 1 hereof shall list and register with the village clerk his name and address, the name of the manu- facturer of the vehicle, its serial number, style, and general description. son shall remove, destroy, mutilate, or alter any license plate, seal or registration card during the time in which said license plate, seal, or registration card is operative; pro- vided, however, that nothing herein shall prohibit the clerk from stamping numbers on the frames of vehicles on which no serial number can be found or on which said number is illegible or insufficient for iden- tification purposes. Section 6. License Fees. The license fee to be paid for each vehicle shall be one dollar ($1.00) for a three (3) year period and shall be paid in advance. Pursuant to section 4 hereof, such license may be trans- ferred when the ownership of said vehicle is transferred, and a fee of twenty-five cents (25c) shall be paid for the registration of such transfer. Upon the loss of any tag or duplicate and upon application and satis- factory evidence of such loss, a new tag or a new duplicate shall be issued upon the payment of a fee of seventy-five cents (75c) for two (2) years or fifty cents (50c) for one (1) year). The clerk, at least once a month, shall pay over to the village treas- urer all fees received pursuant to the pro- visions of this ordinance and shall take the treasurer's receipt therefor. Section 3. License Plate and Registration Card. The village clerk shall provide each Section 7. Unlicensed Vehicles; Impound - three (3) year period metallic license plates ing. If any said vehicle is found in any and seals, together with registration cards I' street or alley of the Village without a and isinglass holders therefor, said metallic 7 license identification tag, or with a broken license plates and registration cards having T ~ seal or mutilated frame number, it shall be numbers stamped thereon in numerical or- 1 prima facie evidence that said vehicle is der, beginning with the number 1, and the being operated on the streets of the Village word "Edina" stamped thereon. Such metal- j without having been registered. Said vehi- lic license plates shall be suitable for at- i cle shall be immediately impounded and tachment upon the frames of such vehicles, shall be surrendered to the owner thereof and shall remain attached during the exist- ` only upon proof of ownership satisfactory ence of such license. The clerk shall issue to the chief of police, payment of the li- one such metallic license plate, which shall cense registration fee herein above pro- be attached to the frame of each vehicle, vided, and payment of the following fees: and a corresponding registration card to (a) Impounding, 50c; the licensee, upon the payment of the li- (b) For each additional day of storage tense fee herein provided for. The clerk after the first twenty-four (24) hours, shall also keep a record of the date of issue IOc of each license, to whom issued, and the b h f At the ex iration f 'xt (60) d ft manner and unless such person shall be capable of efficient control and operation of such vehicle; nor shall any person pro- pelling or operating such vehicle upon a public street, highway, or sidewalk carry or permit to be carried any other person upon such vehicle; (c) No vehicle licensed hereunder shall be ridden faster than is reasonable and proper, but shall be operated with reason- able regard to the safety of the operator and other persons upon the streets and other public highways; (d) Persons riding such vehicle shall ob- serve all traffic signs and stop at all stop signs; (e) No vehicle licensed hereunder shall be permitted on any street or other public highway between thirty (30) minutes after sunset and thirty (30) minutes before sun- rise without a headlight visible from the front thereof for not less than 500 feet, indicating the approach or presence of the vehicle, firmly attached to such vehicle and properly lighted, nor without a red tail- light, or in lieu thereof, a reflector attached to and visible from the rear of such vehicle for a distance of not less than 200 feet; (f) No person under the age of sixteen (16) years shall ride or propel such vehicle upon any street, highway or sidewalk at night after the hour of 9:30 P.M.; (g) No person shall ride or propel a vehicle licensed hereunder upon any public street, highway or sidewalk abreast of any other person so riding or propelling such a vehicle; and (h) Every person riding or propelling a vehicle licensed hereunder upon any street, highway or sidewalk shall observe all traffic rules and regulations applicable thereto and shall turn only at intersections, signal for all turns, ride at the right-hand side of the street or highway, pass to the left when passing and overtaking vehicles that are slower moving, and pass to the right when num er t ereo . 1,o si y ays a er meeting. Section 4. Sale or Transfer. Every person who sells or transfers ownership of any vehicle described in section 1 above shall report such sale or transfer by returning to the clerk the registration card issued to such person, as licensee thereof, together with the name and address of the person to whom said vehicle was sold or transferred, and such report shall be made within five (5) days of the date of said sale or transfer. The purchaser or transferee of such vehicle shall apply for a transfer of registration thereof within five (5) days of said sale or transfer if said purchaser is subject to the terms hereof. Section 5. Destruction of Frame or Li- cense Number. No person shall wilfully or maliciously remove, destroy, mutilate, or alter the number of any vehicle frame li- censed pursuant to this ordinance. No per - said impounding, each vehicle which has Section 10. Application to Unlicensed Ve- not been claimed shall be sold at public hicles. The conditions and regulations pre - auction. Notice containing the description scribed in Section 9 above shall apply to of the vehicle to be sold shall be published all bicycles, motor bicycles or motor scooters in the official newspaper of the Village, at operated upon any public street, highway least two weeks prior to said sale. ..�.0-Uor sidewalk of this Village whether or not � •7.1. ``Y � ./ 5 -� ?' 6-i.4-- Section 8. Expiration Date. All licenses licensed hereunder. 51 shall expire the first day of May, 1949, and Section 11. Terms Defined. The terms "bi- the first day of May of each third (3rd) year cycle," "motor bicycle" and "motor scooter" thereafter. as used herein shall have their usual and Section 9. Conditions of License. Every accepted meaning, but shall not include any license issued hereunder shall be deemed motorcycle or other vehicle to which a li- to be granted subject to the following con- cense is issued under the laws of the State ditions: of Minnesota. (a) No person shall ride or propel any vehicle licensed hereunder upon any side- walk in such a manner as to interfere with any pedestrian thereon; (b) No person shall ride or propel such vehicle upon a public street, highway or sidewalk except in a prudent and careful Section 12. Penalty. Any person who shall violate any of the provisions hereof shall be punished as for a misdemeanor, or by revocation for a period up to ninety (90) days of the license authorized hereunder and theretofore issued with respect to the vehicle involved in said violation. rRDINANQ2 NU. 41,1 AN ORDINANCE AMENDING ORDINANCE NO. 41 OF THE VILLAGE OF EDINA AND PROVIDING FOR ';HE IMPOUNDING OF CERTAIN BICYCLES, MOTOR BICYCLES AND MOTOR SCOOTERS AND ESTABLISHING A PROCEDURE FOR THE DISPOSAL THEREOF. 0 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1. Section 7 of Ordinance No. 41 of the Village of Edina is amended to read as follows: "Section 7. Imo._ oundi0a Vehicles. If any bicycle, motor bicycle or motor scooter is found on any street, sidewalk, alley or parking lot within the Village without a licenses identification tag or with a broken seal or mutilated frame number, such vehicle shall be deemed to be an unregistered vehicle. If any bicycle, motor bicycle or motor scooter remains unattended for twenty-four hours on any public or private premises within the Village (other than the premises owned or occupied by the owner of the vehicle) without the consent of the owner of the premises, it shall be deemed to have been abandoned. Each unregistered or abandoned vehicle shall be immediately impounded and shall be surrendered to the owner thereof only upon proof of ownership satisfactory to the Chief of Polices payment of any unpaid license registration fee hereinabove provided and payment of the following fees: (a) Impounding -- 50 cents (b) For each day of storage after the first twenty-four hours -- 10 cente At the expiration of sixty (60) days after said impoundings each vehicle which has not been claimed may be sold at public auction by the Chief of Police. Notice containing the description of etch vehicle to be sold and the time and place of the sale shall be published in the official.newspaper of the Village at least two weeks prior to said sale. A record shall be kept listing with respect to each impounded vehicles the date and circum- stances of impounding, the date of publication of sale, the cost thereof, the date of sale and the proceeds thereof. All proceeds of sale shall be delivered to the Village Treasurer and deposited in a special fund established for the purpose. If the owner of any vehicle sold in accord- ance with this Section shall furnish evidence of ownership satisfactory to the Chief of Police within sixty (60) days after the sales the Village Treasurer shall deliver to said owner the proceeds of the sale of the vehicle after first deducting any unpaid license registration fee, or impounding or storage charges and the cost of publications At the expiration of sixty (60) days after the date of sale all unclaimed proceeds of sale shall be paid into the general revenues of the Village. Section 2s Ordinance No. 41 of the Village of Edina is amended by adding after Section 7 thereof the following: "Section 7.1. Vjicles in The Possession of the Police 2g2t. Any bicycle, motor bicycle or motor scooter in the possession of the police department of the Village on the date of adoption of this ordinance shall be deemed to have been abandoned and may be sold at public auction as provided in Section 7 of this ordinance not earlier than 30 days after the date of the adoption of this ordinance. Section 3. This ordinance shall be in effect from and after its passage and publication according to law. ANopted this 13th day of Maya 1957. ATTEST: I, caned i ffio MN S. ALDEN jaigaed x ARTHUR C. BREDESENA JR. Village Clerk Mayor Published in Edina-Morningside Courier May 16 and 23, 1957. 0 CRD .NANO NO. 4.1. 2 AN ORDINANCE AMENDING ORDINANCE NO. 41 OF THE VILLAGE OF EDINA, AS AMENDED BY ORDINANCE NO. 41-1g, PROVIDING FOR THE IMPOUNDING OF CERTAIN UNREGISTERED VEHICLES AND REPEALING SECTION TWO OF ORDINANCE N0. 41-1 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS: Section 1 Section 7 of Ordinance No. 41 of the Village of Edina, as amended by Crdin-pace Noo 41-19 is further amended to read as follows: 'Section 7. Unlicensed Vehicles: Impounding. If any said vehicle is found in any street, alley, sidewalk or parking lot of the Village without a license identification tag, or with a broken seal or mutilated frame number, it shall be prima facie evidence that said vehicle is being operated on the streets of the Village without having been registered. Said vehicle shall be immediately impounded and shall. be surrendered to the owner thereof only upon proof of ownex-ship satisfactory to the Chief of Police, payment of the license registration fee herein above provided, and payment of the following fee: (a) Impounding, 50� (b) For each additional day of four 1\24) hours, 10�. storage after the first twenty - At the expiration of six months after such impounding, each vehicle which has not been surrendered to the owner thereof shall be sold in accordance with the provisions of Ordinance No. Z3 of the Village" Section 2. Section 7.1 of Ordinance No. 41, created by Section 2 of Ordinance No. 41-1, is repealed. Section 3. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 24th day of June , 1957. ATTEST: (Signed) EMIL P. FRONK (Siam GRETGI�N S. ALDEN Village Clerk Mayor Pro-Tem Published in Edina-Morningside Courier July 4 and 11, 1957, q* C7 No. 51 AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, HEIGHT, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE VILLAGE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION, THEREOF CHAPTER 1 —TITLE AND SCOPE Section 1. Title. This ordinance shall be known as the 'Building Code of the Village of Edina, Minnesota," and may be cited as such and will be referred to in this ordi- nance as "this code." Section 2. Purpose. The purpose of this code is to establish certain minimum stand- ards and requirements for safe and stable design, methods of construction and uses of materials in buildings or structures hereafter erected, constructed, enlarged, altered, re- paired, moved, converted to other uses or demolished and to regulate the equipment, maintenance and occupancy of all buildings or structures within the limits of the Village of Edina, for the purpose of promoting and safeguarding the public health, safety, con- venience, prosperity and general welfare in said Village and for the protection of property from fire; and prescribing the powers and duties of the building inspector. The provisions of this code shall be deemed to supplement any and all state laws of the State of Minnesota relating to buildings. Section 3. Scope. New buildings or struc- tures hereafter erected in the Village, to- gether with vaults, areas, alley or street encroachments, shall conform to all require- ments of this code. Additions, alterations, and repairs in all buildings shall comply with the requirements specified in this code. Section 4. Application to Buildings Exist- ing on September 24, 1936. The following specified requirements shall apply to build- ings existing on September 24, 1936: (a) Major Alterations and Repairs. If al- terations or repairs in excess of fifty (50) per cent of the value of such building are required to be made thereto at any one time within a period of twelve months, the entire building shall be made to conform with the requirements of this code for new buildings, or shall be entirely demolished. (b) Changed Use. If the use or occu- pancy of such building changed to a use or occupancy which would not be permitted by this code in a similar building erected after said date, the entire building shall be made to conform with the requirements given herein for new buildings; provided, however, that if the use or occupancy of only a `portion or portions of such building is changed, and such portion or portions are segregated as specified in this' code, then only such portion or portions of such build- ing need be made to comply with ` said requirements. (c) Additions. Any such building not regulated by the preceding paragraphs (a) and (b) which has its floor area or its number of stories or height increased, or its use or occupancy changed in any way from its former or existing use or occupancy, shall be provided with stairways, emergency exits and fire protection facilities as speci- fied in this code for buildings thereafter erected for similar use or occupancy. (d) Minor Alterations and Repairs. Every alteration or repair to any structural part or portion of such building shall, when deemed necessary in the opinion of the building inspector, be made to conform to the requirements of this code for new build- ings. Minor alterations, repairs and changes not covered by the preceding paragraphs (a), (b) and (c) may be made with the same materials of which the building is con- structed: provided, that not more than twenty-five (26) per cent of the roof cover- ing of any such building shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of this code for new buildings. Section 5. Maintenance. The requirements contained in this code covering the mainte- nance of buildings shall apply to all build- ings or structures in the Village. All build- ings or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards which are required by this code at the time of erection, altera- tion or repair of any building shall be main. tained in good working order. plated to be started, and a permit duly granted. All permits issued shall expire on a date one year after the date of issuance, unless valid reasons are furnished to the inspector why such building has not been completed on the expiration date of the permit. No refund shall be made of the cost of a permit which has expired. (d) In the case of a building, structure, or major section thereof constructed out- side of the Village, to be located on land within the Village, an application for a permit shall also be made at least forty- eight hours before it is intended that work shall commence thereon, and no work shall commence until a permit has been issued, but no such application for a permit shall be granted unless the construction shall be performed within a radius of fifteen (15) miles from the Village Hall. The applicant must agree to notify the building inspector when the framework of the building, struc- ture or section is completed, when the foundation has been completed on the land located within the Village, and at such times as the building inspector shall desig- nate. The building inspector at his discre- tion may accept the final inspection certifi- cate of the Federal Housing Administration in lieu of making such inspection as would otherwise be made of the construction cov- ered by this paragraph. (e) In the case of erection or construc- tion of any building or structure within the Village, the applicant must notify the build- ing inspector when the foundation has been completed, before additional work is begun. (f) Any person who shall fail to obtain a permit from the building inspector before CHAPTER 2. PERMITS, APPLICATIONS FOR 4 PERMITS, AND FEES 4 i Section 6. Permit Required. (a) It shall be unlawful to erect or con- struct any building or structure, or add to, enlarge, move, improve, repair, alter, con- vert, extend or demolish any building or structure or cause the same to be done, or to locate any building or structure which has been constructed outside of the Village on land within the Village, or to install as part of any building or structure an ele- vator, fire escape, plumbing, gas fitting, air starting any building or construction work, as required in section 6 (a) above, shall forfeit to the Village the sum of twice the fee which would have been charged for a permit for such work. However, upon com- plying with sections 7, 8 and 9 below, such person shall be issued a permit for such work free of charge. Section 7. Application for Permit. (a) Any person desiring a permit as re- quired by this code shall file with the build- ing inspector an application therefor in writing on a blank form to be furnished for that purpose. conditioning, electric wiring or heating or heat producing appliance without first ob-, taining a permit therefor from the building inspector. (b) Any building or structure hereafter erected, constructed or located in the Vil- lage without a permit, or not in conformity with this ordinance, shall be removed by the owner of the property on which it is located, upon written request of the build- ing inspector, and if he shall refuse to comply with such request, the council may order the building or structure to be re- moved by the building inspector or other appropriate officer or employe of the Vil- lage, and the cost of said removal may be recovered by the Village in a civil action brought in any court of competent jurisdic- tion. (c) Under no conditions shall any build- ing be started until formal application has been made to the building inspector at least forty-eight hours before work is contem- (b) Every application for a permit shall describe the land upon which the proposed building or work is to be done, either by lot, block or tract, or similar description that will readily identify the site and defi- nitely locate the proposed building or work. The building inspector may at his option require a survey of the lot upon which the proposed building or work is to be done, which survey shall be prepared and at- tested by a registered surveyor; said survey shall indicate the dimensions of the prop- erty, and shall definitely establish the loca- tion of all buildings on the property, if any, and of all lot lines by means of iron monu- ments firmly embedded in the ground, or otherwise as the building inspector may require. (c) Every such application shall show the proposed use or occupancy of all parts of the building and such other reasonable information as mey be required by the building inspector. —9— kv.e-1-6i 5--3C.-Z fs ( si "9) (d) Copies of plans and specifications and a plot plan by a registered surveyor showing the location and elevation with respect to established street grades of the proposed building and the locations and dimensions of every existing building which is to remain thereon shall accompany every application for a permit and shall be filed in duplicate with the building inspector; provided, however, that the building inspec- tor may authorize the issuance of a permit without plans, specifications, or plot plan for small or unimportant work or for work where plans, specifications or lot plan are obviously unnecessary. (e) Plans shall be drawn to scale upon substantial paper or cloth, or they may be blue prints or other prints, and the essen- tial parts shall be drawn to a scale of not less than one -eighth (%) inch to one foot, excepting the plot plan. (f) Plans and specifications shall be suffi- cient in number and sufficiently clear to illustrate the nature and character of the work proposed and to show that the law will be complied with. Engineering and other data necessary to show conformity to the provisions of this code shall accom- pany the plans and specifications when so required by the building inspector. (g) Any specifications in which general expressions are used to the effect that "work shall be done in accordance with the building code" or "to the satisfaction of the building inspector" shall be deemed imperfect and incomplete and every refer- ence to this code shall be to the section or sub -section applicable to the material to be used or to the methods of construction proposed. (h) All plans shall bear the name of the owner, architect, structural engineer or designer. (i) Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying the application at any time before the com- pletion of the work for which the permit was sought. Such amendments, after ap- proval, shall be filed with and be deemed a part of the original application, and fees for such amendments shall be required upon the same basis as for the original permit. Section 8. Permits. (a) The application, plans and specifica- tions filed by an applicant for a permit shall be checked by the building inspector and if found to be in conformity with the requirements of this code, the zoning ordi- nance of Edina, and all other laws or ordinances applicable thereto, the building inspector shall, upon receipt of the required fee, issue a permit therefor, within a reason- able time, together with a suitable card showing that permit has been issued, to be placed in evidence on the property. (b) When the building inspector issues the permit he shall endorse both sets of plans and specifications "Approved." One such approved set of plans and specifica- tions shall be retained by the building inspector as a public record, and shall be returned to the applicant, who shall keep it on such building or work at all times during which the work authorized thereby is in progress, and it shall be open to in- spection by public officials. (c) Such approved plans and specifica- tions shall not be changed, modified or altered without authorization from the building inspector, and all work shall be done in accordance therewith. (d) No permit shall be issued by the building inspector if he shall find that the elevation of the building with respect to established street grades specified in the application for permit is such that the erec- tion of the building at such elevation will prevent the proper drainage of surface water from the property on which the build- ing is situated or from surtounding prop- erty, or that it will prevent a proper con- nection to any sanitary sewer or extension thereof to which such building would con- nect. Section 9. Fees. (a) The applicant for a building permit hereunder for one or two-family homes or residences shall pay to the Village as fees for the expense of inspection and examina- tion of the building, plans and specifica- tions a minimum fee of $5.00, and $1.00 per 1,000 cubic feet of cubic content over f and above the first 5,000 cubic feet based ♦` on the outside measurements of first and (� second floors only, and 50 cents per 1,000 cubic feet of cubic content based on the bs outside measurements of basements, cov- ered porches, and attached garages. (b) For all mercantile, industrial and other buildings, fees will be as follows: $2.00 for each $1,000.00 or fraction there- of in improvements. A $25.00 clean-up deposit may be collected at the discretion of the building inspector, which will be refunded wholly or in part when improve- ments are completed and all rubbish and unsightly material removed. For alterations, additions and minor improvements costing less than $500 a minimum fee of $2.00 will be charged. (c) In the case of buildings or structures which are constructed outside of the Village but to be located upon land within the Village, there shall be paid in addition to the above fees the sum of $5.00. In addi- tion the applicant shall pay seven cents per mile upon the mileage measured from the Village Hall to the place of construction outside of the Village, and return; said mileage fee to cover the expense of the building inspector's travel for purposes of inspection. Mileage for one trip shall be paid at the time of application for a permit, and additional payment for mileage shall be paid at the time of the second and subsequent inspections. CHAPTER 3. CONSTRUCTION STANDARDS Section 10. FHA Code. Pursuant to the authority contained in Chapter 200, Section 1, Laws of Minnesota, 1945, a code known as the Minimum Property Requirements for Properties of One or Two Living Units Located in the State of Minnesota issued by the Federal Housing Administration is hereby incorporated by reference into this building code and is hereby made a part hereof. Three official copies so marked of the said Federal Housing Administration Code shall be kept on file for use in the office of the village clerk. The requirements therein contained shall govern all construc- tion of non -farm one or two family living units. All buildings, structures or major sections thereof not covered by said Fed- eral Housing Administration Code shall continue to be covered by the requirements established by this building code, in the following sections. Section 11. Roofs. Roofs of all dwellings and all buildings not exceeding three stories or thirty-five feet in height, or 3,500 square feet in area, and not used for fac- tories, warehouses or mercantile purposes, may be covered with composition shingles or ready roofings of a grade ranking not lower than Underwriters' Laboratories Class C, or with approved built up roofing, or with vertical or edgegroin wood shingles, or asbestos or slate. Composition shingles or ready roofing shall be laid so that there is not less than two thicknesses at any point. Approved rolled roofing, if and when used, shall be laid in accordance with manufac- turer's recommendations. The thickness of five wood shingles measured at the butt shall be not less than two inches (American Lumber Standard); the maximum exposure of wood shingles to the weather shall be: On roofs ) 16 inch shingles 5 " greater than ) 18 inch shingles 51f2" one-third ) 24 inch shingles 7%" pitch ) On roofs ) with less ) than one- ) 16 inch shingles 4 " third pitch ) 18 inch shingles 4%" but not less ) 24 inch shingles 6VY' than one- ) quarter ) Roofs of all other buildings shall be covered with hard incombustible materials of standard quality, such as brick, concrete, tile, slate, metal or asbestos cement shingles or built up roofing with gravel, slag or other incombustible surface or other roofings of like grade ranking not lower than Under- writers' Laboratories Class B. A double thickness layer of approved felt weighing not less than thirty (30) pounds per square shall be placed between metal roofing and roof deck. All roof coverings shall be firmly secured to the roof deck with non -corrodible and rust -resistive nails or materials according to standard practice. Section 12. Repairing Buildings. Any frame building constructed after September 24, 1936, which may hereafter be damaged by fire, decay or otherwise to an amount greater than one-half of its present value, exclusive of the foundation, shall not be repaired or rebuilt, but shall be removed. Any other building which, due to age, de- terioration, fire or any other cause, becomes so unsafe as to endanger the public or its occupants in any manner, or other structure, shall not be rebuilt or repaired unless the building inspector in his judgment thinks it can be done so as to become safe for further occupancy. When any such condition of any building is called to the attention of the building inspector, he shall affix a notice of this dangerous condition thereto, which W • —10— • • 0 notice shall not ae removed until the condi- tion is remedied. Removal of any such no- tice shall constitute a violation of this ordinance. Section 13. limits of Height and Area. Except as specified in Section 14, no build- ing hereafter erected within the corporate limits having walls of hollow building tile or concrete blocks, shall exceed three stories, or forty (40) feet in height; and no build- ing hereafter erected or altered shall ex- ceed four stories, or fifty-five (55) feet in height, unless it be of fireproof construction. The floor area between fire walls of non -fireproof buildings shall not exceed the following: When fronting on one street, 5,000 square feet; when fronting on two streets, 6,000 square feet; and when front- ing on three streets, 7,500 square feet. These area limits may be increased under the following conditions as indicated: For non -fireproof buildings, fully equip- ped with approved automatic sprink- lers, 6635%; For fireproof buildings, 50%; For fireproof buildings fully equipped with automatic sprinklers, 100%; Provided, that nothing in this ordinance shall be understood to permit the construc- tion of any building of a greater height than is permitted in the district where it is to be located, for buildings of that charac- ter under the zoning ordinance of Edina. Section 14. Height, Area and Materials for Frame Buildings. No frame buildings hereafter erected or altered shall exceed two stories or thirty (30) feet in height, except that private dwellings may be three stories, or forty (40) feet high. No frame building hereafter erected for any occupancy, other than grain elevators, coal elevators and pockets, ice houses, and exhibition buildings, shall cover a ground area exceeding the following: One-story building, 7,500 square feet; two-story build- ing, 5,000 square feet. Buildings with wooden framework clad with sheet metal or stucco or veneered with brick, shall be classed as frame buildings. When any building is to be erected of brick, stone, hollow block, or concrete, that could under this ordinance be constructed of wood, the Building Inspector is hereby authorized and directed to allow reason- able modifications of this ordinance relating to brick buildings, in consideration of the use of incombustible materials instead of wood. Such modifications, however, shall not permit variations from the requirements of Sections 18, 23 and 27 of this ordinance. Section 15. Walls. All exterior or division walls of buildings hereafter erected of masonry or concrete shall be of sufficient thickness to support safely the load to be carried. Solid masonry exterior walls of dwellings not exceeding thirty (30) feet in height, ex- clusive of gable, and occupied by not more than two families, -shall be not less than eight (8) inches thick, and cellar.and base- ment walls, if built, shall be of the same thickness. The unsupported length of such walls shall not exceed twenty-five (25) feet. Solid concrete walls of dwellings shall have an aggregate thickness not less than six (6) inches. If masonry walls are built hollow or are constructed of hollow clay or concrete units, the allowable height of the eight -inch por- tion shall be limited to twenty (20) feet and the remaining lower portion shall be at least ten (10) inches thick. For dwellings over thirty (30) feet high, but not exceeding forty (40) feet in height, the exterior masonry walls may be eight (8) inches thick for the uppermost twenty (20) feet and shall be at least twelve (12) inches thick for the remaining lower portion. Solid party and division walls of dwellings shall be not less than eight (8) inches thick for the uppermost twenty (20) feet and shall be at least twelve (12) inches thick for the remaining lower portion. Such party and division walls, if hollow, or if built of hollow clay or concrete units, shall not be less than twelve (12) inches thick. All the walls of buildings of the dwelling house class of ordinary construction exceed- ing forty (40) feet in height shall be solid. The upper three stories shall be not less than twelve (12) inches thick, increasing four (4) inches in thickness for the story below. No three-story increment shall ex- ceed forty-five (45) feet in height. Walls in skeleton construction shall be supported by girders at each story, and shall be not less than eight (8) inches thick, except that solid concrete may be eight (8) inches thick. In all buildings, except dwellings, frame buildings, and skeleton construction, party walls and fire walls which serve as bearing walls on both sides, shall be not less than sixteen (16) inches thick in the upper two stories or upper thirty (30) feet, increasing four (4) inches in thickness for each two stories or fraction thereof below. All other fire walls shall be not less than sixteen (16) inches thick in the upper four stories or upper fifty (50) feet, increasing four (4) inches in thickness for each two stories or fraction thereof below. No two-story increment shall exceed thirty (30) feet in height. Reinforced concrete walls, with the steel reinforcement running both horizontally and vertically, and weighing not less than one- half pound per square foot of wall, may have a thickness four inches less than pre- scribed for brick walls, but in no case less than six (6) inches. Rubble stone walls shall be four (4) Inches thicker than required for brick walls. The foundation walls of all buildings over two stories in height, except as above provided, shall be four (4) inches thicker from footing to grade than required for the remainder of the wall. All exterior, and division or party walls over one story high, shall extend the full thickness of top story to at least two (2) feet above the roof surfacing of a build- ing as a parapet and be properly coped with stone, brick, metal or other material which will resist the weather and corrosion, excepting walls which face on a street and are finished with incombustible cornices, gutters, or crown mouldings; excepting also the walls of detached dwellings with peaked or hipped roofs. The parapet walls of ware- houses and all manufacturing or commercial buildings shall extend three (3) feet above the roof. Fire walls shall be continuous from foundation to three (3) feet above roof level and shall be coped. Brick or concrete walls of buildings which under this ordinance could be of wood, may have a minimum thickness of eight (8) inches. Such walls shall not exceed two stories or thirty (30) feet in height, ex- clusive of gable, nor shall they exceed thirty-five (35) feet in length unless prop- erly braced by cross walls, piers, or but- tresses. No wall built of concrete blocks or struc- tural clay tile shall have a height between horizontal lateral supports of more than fifteen (15) times its thickness. Brick or other solid units shall not have a height between horizontal lateral supports of more than twenty-two (22) times its thickness. The allowable working stress on all masonry construction shall not exceed one - tenth of its ultimate strength. All walls and partitions in schools, hos- pitals and places of public assemblage, over one story high, and all walls and partitions in theatres, shall hereafter be built of brick, stone, concrete, hollow or solid concrete blocks, or metal lath, and Portland cement plaster on metal studding, or other equiva- lent incombustible construction. The mortar used for all eight -inch walls, fire wall, foundation walls, walls for skele- ton construction, and all walls built of hollow building tile or concrete blocks, shall be either Portland cement mortar, Portland cement, one part lime, and 'not more than six parts sand by volume. Section 16. Protection of Ends of Wooden Beams. The ends of all floor, ceiling or roof beams, entering a party or fire wall from opposite sides, shall be separated by at least six (6) inches of solid masonry. Such separation may be obtained by corbeling the wall, or staggering the beams, or the beams may be supported'by steel wall hang- ers, but no wall shall be corbeled more than two (2) inches for this purpose. The ends of all wooden beams which enter the walls shall be out to a bevel to make them self -releasing. Section 17. Protection of Wall Openings. The opening in a party or fire wall shall have a standard automatic approved fire door on each side of the wall. If an open- ing in a fire wall is made to serve as an emergency exit, it shall not exceed forty- eight (48) square feet in area, and a self - closing fire door swinging out shall be substituted for one of the automatic fire doors. The total openings in a fire wall shall not exceed twenty-five per cent (25%) of the length of the wall. Every building, except churches, dwel- lings, tenement houses, dormitories and lodging houses, shall have standard fire doors, shutters, or wired glass in incom- bustible frames and sash on every exterior opening above the first story, except when fronting on a street lot less than fifty (50) feet wide, or where no other building is within thirty-five (35) feet of such opening. The wall of a building in the same plane as that in which the opening is situated shall not be considered as coming within the intent of this rule. All openings in the side and rear walls of the first story, except show windows, shall be protected as pre - Elm scribed in this section when within fifty (50) feet of another building. All exterior windows more than fifty (50) feet above the curb shall have incombustible frames and sash glazed with wired glass. occupants of buildings shall close exterior and interior fire doors, shutters, and win, dows at the close of business each day. Section 18. Stairway and Elevator Shafts. In all buildings hereafter erected, except private dwellings, which are used above the first floor for business purposes or for public assemblages, or for any purpose whatever if over two stories high, the stair shafts shall be separately and continuously enclosed by incombustible partitions. Ele- vator shafts in all buildings hereafter erected shall be enclosed in the same man- ner. The partitions shall be constructed of brick or other fire resistive material ap- proved by the Building Inspector. No such partition shall be less than four (4) inches thick. Except as herein stated, the stair, ele- vator and hoistway shafts in all buildings constructed after September 24, 1936, which are over two stories high, in which considerable numbers of people work or are liable to assemble, shall be separately enclosed by incombustible partitions as above specified; or the shafts may be en- closed by approved hollow or solid parti- tion blocks not less than three (3) inches thick, or by four -inch wood stud partitions, covered on each side with not less than three -fourths inch of Portland cement or gypsum plaster on metal lath, or by two-inch solid metal lath and Portland cement plaster partitions. The metal framework of such partitions shall be securely fastened to both floor and ceiling. Metal lath used for such partitions shall be galvanized or enameled steel weighing not less than fifty-four (54) ounces per square yard. Wire lath shall be not less than No. 20 guage, and sheet metal lath not less than No. 24 guage. All such partitions erected in buildings constructed after September 24, 1936, shall be firestopped with incombustible material the full depth of the floor beams at each floor level. All door openings in stair and elevator enclosures shall be protected by fire doors mounted with wrought iron or steel hard- ware, and shall be securely attached to the wall or partition, or to substantial incom- bustible frames anchored thereto. If glass panels be used in such doors, they shall be of wired glass not exceeding 620 square inches in area. Interior shaft windows shall not be permitted. Doors opening into stairway shafts shall swing in the direction of exit travel, shall be self -closing and shall be at least thirty (30) inches wide. The enclosure walls for all elevator shafts shall extend at least three (3) feet above the roof, and at least three -fourths of the area shall be covered with skylight con- structed as specified in Section 19. If in the opinion of the Building Inspec- tor it is necessary to preserve an open elevator or hoistway in buildings constructed after September 24, 1936, the floor open- ings which they pass shall be equipped with automatically closing trap doors not less than one and one-half (1'/2) inches thick, made of two thicknesses of matched boards, covered on the under side w;th tin; the trap doors when closed, shall extend be- yond the openings on all sides. Such trap doors shall be protected by a substantial guard or gate, which shall be kept closed at all times except when in actual use. Section 19. Skylights over Stairway and Elevator Shafts. Where a stairway, elevator, or dumb -waiter shaft extends through the roof and is covered by a skylight, the sky- light shall be constructed with incombus- tible frame and sash, glazed with ordinary thin glass, and shall be protected by a galvanized steel wire screen with' a mesh not exceeding one inch, and the wire not smaller than No. 12 guage. The screen shall have metal supports and be placed not less than eight (BY inches above the skylight. Instead of a skylight a window may be placed on the side of the shaft above the roof which is furthest removed from a prop- erty line. The window shall have incombus- tible frame and sash, and be glazed with thin glass. Section 20. Floor Light. Except in dwel- lings, all openings hereafter made in floors for the transmission of light to floors below shall be covered with glass set in metal frames and bars. The glass shall be not less than three -fourths (s/a) inch in thickness, and if any glass measures more than six- teen (16) inches square, there shall be rigid wire mesh either in the glass or under it. Section 21. Light, Vent and Dumb -Waiter Shafts. In every building erected or altered after September 24, 1936, except frame buildings, all walls or partitions forming in- terior light or vent shafts shall be built in accordance with the requirements for stair and elevator shafts in new building as spe- cified in Section 18. The walls of dumb- waiter shafts, except those in L dwellings which extend only one story above the base- ment or cellar, shall be of fire resistive con- struction, and shall be not less than three. (3) inches thick if constructed of brick, hol- low or solid partition block, or of steel or wood studding and metal lath with three - fourths inch of Portland cement plaster on each side; or a two-inch solid metal lath and Portland cement plaster wall may be per- mitted, if securely anchored at each floor and ceiling. The material and method of construction shall be as specified in Section 18 for stair and elevator shafts in buildings constructed after September 24, 1936. Where a dumb -waiter shaft does not extend through the roof, the top of the shaft shall be of fire -resistive construction of the same thickness as the walls of the shaft. All openings in dumb waiter or other shafts shall be protected by fire -doors mounted in incombustible frames securely anchored to the walls. The walls of all light and vent shafts erected after September 24, 1936, shall ex- tend not less than three (3) feet above the roof level, except when a shaft is covered by an incombustible ventilating skylight the walls need not extend more than two (2) feet above the roof. Masonry walls shall be properly coped. When metal louvres are used for ventilat- ing purposes, the louvres or slats shall be riveted to the metal frame. Section 22. Roof Openings. All openings in roofs for the admission of light or air, other than those provided for in Sections 19 and 21, shall have incombustible frames and sash glazed with wired glass; or ordi- nary glass may be used, if protected above and below by galvanized steel wire screens with a mesh not exceeding one inch, and the wire not smaller than No. 12 guage. The top screen shall be installed as speci- fied in Section 19. Section 23. Exits Required. The term "floor area" as used in this section shall mean the entire floor space between ex- terior walls and fire walls. In every building hereafter erected, ex- cept in private dwellings, each floor above the first shall be provided with at least two means of egress remote from each other, one of which shall be an enclosed stairway as provided in Section 18, or a doorway in a fire wall leading to another floor area separately provided with ade- quate stairs or other independent means of exist. Such doorway serving as an emer- gency exit in a fire wall shall be protected by an automatic and self -closing fire door as specified in Section 17. No portion of any floor area shall be more than 100 feet from place of egress. Elevators shall not be considered as a required means of egress as specified in this section. Except in dwellings, no required stairway shall be less than forty-four (44) inches wide, and in all public buildings the total width of exit doorways leading therefrom shall at least be equal to the total width of the stairways which they serve. The total width of stairway, interior and exterior, provided for the occupants of each floor and those above, shall be not less than forty-four (44) inches for the first fifty (50) persons, and twelve (12) inches for each additional fifty (50) persons to be accom- modated thereby. The stair treads shall be not less than nine and one-half (91/2) inches deep and the risers not more than seven and one-fourth (7�/Winches high. Windows in such required stairways are prohibited. Every school, hospital and theatre, over one story high, shall have at least four (4) stairways constructed entirely of incombus- tible material, located remote from each other and continuous from grade line to the topmost story. All exit doors in schools, hospitals, theatres, and other places of public assem- blage, shall open outward, and shall be suitably marked as exits and shall be lighted at all times when such buildings are occupied, but no door shall open so as to obstruct any sidewalk. - Section 24. Fire Stops. At each floor level in all buildings erected after September 24, 1936,-all stud walls, partitions, furrings and spaces between joists where they rest on division walls or partitions, shall be fire - stopped with incombustible material in a manner to completely cut off communication by fire through concealed spaces. Stair car- riages shall be fire -stopped at least once in the middle portion of each run. Section 25. Areaways. All areaways shall be guarded with suitable railings, or be protected by incombustible• coverings or gratings. If gratings be used, they shall 9 • C7 1211)G10 .-.2,6—ygCS1,4) • • have a wire screen of not more than one- half (Y2) inch mesh securely attached to the under side. Open areaways shall not project beyond the lot line. Section 26. Chimneys for High Tempera- ture Appliances. The smoke flue of every high pressure steam boiler, and every ap- pliance producing a corresponding tempera- ture in a flue, if built of brick, stone, rein- forced concrete or other approved masonry, shall have walls not less than twelve (12) inches thick, and the inside four (4) inches of such walls shall be fire brick, laid in fire mortar, for a distance of at least thirty- five (35) feet from the point where the smoke connection of the boiler enters the flue. Metal smokestacks may be permitted with boilers, furnaces, and similar appa- ratus, where large hot fires are used, pro- vided they have a, clearance from all com- bustible material of not less than one-half the diameter of the stack, but not less than fifteen (15) inches unless the combustible material be properly guarded by loose - fitting metal shields, in which case the distance shall be not less than twelve (12) inches. Where such stack passes through a combustible roof, it shall be guarded by a galvanized iron ventilating thimble extend- ing from at least nine (9) inches below the under side of the ceiling or roof beams to at least nine (9) inches above the roof, and the diameter of the ventilating thimble shall be not less than thirty-six (36) inches greater than that of the smokestack. Metal smokestacks shall not be permitted to pass through floors. Section 27. Chimneys for Low Tempera- ture Appliances. The walls of chimneys used for stoves, ranges, fireplaces, heating furnaces or other heating appliances, whether the fuel used be wood, coal, oil or gas, shall be built of brick, concrete, stone or hollow tile of such thickness and con- struction as is hereafter specified. All chim- neys, irrespective of which materials the walls are built, shall be lined with fire clay flue lining or with fire brick. The lin- ing shall be made for the purpose, and adapted to withstand the temperatures and the resultant gases from burning fuel. Solid brick or concrete chimney walls shall be not less than four (4) inches thick, exclusive of flue linings. A standard size brick laid flat -wise shall be deemed to fulfill this requirement for brick. Stone and hollow tile chimneys shall be at least four (4) inches thicker than required for corre- sponding brick chimneys, and shall have flue linings the some as for brick chimneys. Hollow tile may be used only where the chimney is part of an exterior tile wall. The walls of brick buildings, or of tile buildings not over three stories high, may form a part of the chimney, but the side walls of the chimney shall be securely banded into the walls of the building. No wall less than twelve (12) inches thick shall be used to support a corbeled chimney. Such corbeling shall not project more than six (6) inches from the face of the wall, and in all cases the corbeling shall consist of at least five courses of brick. No chimney shall be corbeled from a hollow tile wall. Chim- neys shall be built upon concrete or ma- sonry foundations properly proportioned to carry the weight imposed without danger of settlement or cracking. Foundations shall be at least twelve (12) inches wider than the chimney on all sides. The foundation of an exterior chimney shall start below the frost line. The frame buildings' chimneys shall always be built from the ground up or rest upon basement walls. Chimneys shall not rest upon wooden floors, beams or brackets; or be hung from wooden rafters. Iron brackets or stirrups attached to wooden construction shall not be used to support chimneys. No wooden beams, joists, or rafters shall be placed within two inches of the outside face of a chimney, whether it be for smoke, air or for any other purpose. No woodwork shall be placed within four (4) inches of the back wall of any fire place. All spaces between chimneys and wooden joists and beams shall be filled with loose cinders, loose mortar refuse, gypsum block or other porous incom- bustible material. Chimneys shall be built at least three (3) feet above flat roofs, and two (2) feet above the ridges of peaked roofs, and shall be properly capped with terracotta, stone, cast iron or other approved material. Section 28. Smoke Pipes. No smoke pipes shall be within twelve (12) inches of any woodwork, or any wooden lath and plaster partition, or ceiling unless the surface above the pipe be protected by metal lath and plaster. Where smoke pipes pass through a wooden lath and plaster partition, they shall be guarded by galvanized iron ven- tilating thimbles at least twelve (12) inches larger in diameter than the pipes, or by galvanized iron thimbles built in at least eight (8) inches of brick work or other incombustible material. No smoke pipe shall pass through any floor, or a roof having wooden framework or covering. Section 29. Dry Rooms. No combustible material shall be permitted in the construc- tion of any dry room hereafter erected, in which a temperature of 125 degrees Fahrenheit or over may exist. If a tempera- ture under 125 degrees Fahrenheit is to be used, the dry room may be constructed of wood, but it shall be lined throughout with one -eighth inch asbestos, covered with sheet metal. If' windows are placed in the walls or ceilings of dry rooms, they shall be of wired glass set in fixed incombustible sash and frame. Section 30. Safety in Design. All parts of every building shall be designed to safely carry the loads to be imposed there- on, and shall in all other respects conform to good engineering practice as determined by the Building Inspector. All materials shall be of a quality equal to that which is customary for like work. Section 31. Correction of Unsafe Condi- tions. Whenever any building or structure is found to be in a condition dangerous to its occupants or to any other person or to adjacent property, or to be unsafe for its intended use, the Building Inspector shall have authority to notify in writing the own- er, agent or person in charge thereof, re- quiring such changes or removal to be made as may be necessary to correct the condition described, and he shall state a time limit for its correction. He may also place at the principal entrance of such structure a notice stating that it is in a dangerous condition and has been condemned by him; and it shall be unlawful for any person to remove such notice without his permission. If the owner or person in charge of such building or structure when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be 'unlawful thereafter for any person to occupy or use said buiid- ing or structure until it has been rendered safe. Whenever any building or structure is being constructed or demolished in such manner as to endanger life or property, the Building Inspector may order such work discontinued, and it shall not be resumed until he is satisfied that adequate measures have been taken for safety. CHAPTER 4. ENFORCEMENT AND PENALTY Section 32. Duties of Building Inspector: Compensation. The Building Inspector shall be appointed by the Council annually in January. He shall be a man who is ac- quainted with building materials and the building industry and is hereby authorized and empowered to make inspections; to en- force and interpret this ordinance; to super- vise the construction, demolition or moving of all structures; and to report monthly to the council on permits issued during the previous month, and on all matters pertain- ing to building construction. He shall be compensated by fees. The fees to be paid to him shall be determined by the council at the first meeting in January of each year. All moneys collected for fees for building permits shall be paid into the village treas- ury as .received. Once each month after auditing these fees thus received, the coun- cil sh.oll direct a warrant to be drawn in favor of the said inspector covering the fees earned since the last previous settlement, within the limits previously set by the council. . Section 33. Penalty for Violations. Any and all persons who shall violate any of the provisions of this ordinance or fail to comply therewith, or who shall violate or fail to comply with any order or regula- tion made thereunder, or who shall build in violation of any detailed statement of specifications or plans ,submitted and ap- proved thereunder, or any certificate or permit issued thereunder, shall severally for each and every such violation and non-compliance respectively be guilty of a misdemeanor, and upon conviction thereof, be fined not to exceed one hundred dollars ($100.00) or imprisoned in the county jail not to exceed ninety (90) days. The imposi- tion of one penalty for any violption of this ordinance shall not excuse the violation, or permit it to continue; and all such per- sons shall, be required to correct or remedy such violations or defects within a reason- able time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute .p separate offense. The application of the penalty above shall not be held to prevent the ftforced removal of prohibited conditions, as pro- vided in Sections 6 (b), 12, and 31 of this ordinance. —13— I' No. 52 -� AN ORDINANCE REGULATING THE MOVING OF HOUSES, BUILDINGS AND OTHER STRUCTURES Section 1. Permit Required. No person shall move, haul or transport, any house, building, derrick, or other structure of the height of sixteen feet or more, of a width of fifteen feet of more, or which cannot be moved at a speed of four miles per hour or more, upon, across or over any street or alley without first obtaining a permit therefor as hereinafter provided. Section 2. Manner of Obtaining Permits. All applications for permits to move houses, buildings, derricks or other structures men- tioned in Section 1 shall be made in writing to the village clerk, specifying the date and hour said moving is to commence and the street route over which said building or structure shall be moved. If it shall be neces- sary to cut down, move, raise or in any other way interfere with any wires or poles, the application shall state the name of the owner of said wires and poles, the time and place when and where removal of said poles and/or cutting, raising or other inter- ference with said wires will be necessary. A permit to move shall in all cases issue upon an appropriate resolution of the vil- lage council; provided however, that in all cases involving the moving of newly con- structed houses or buildings, the building inspector shall be authorized to issue the necessary permit when the village council theretofore by resolution shall have ap- proved the manufacturer, contractor or mover thereof. Section 3. Fee for Permit. Before a per- mit to move any house, building, derrick or other structure is granted under the provisions hereof, the applicant for said permit shall pay to the village clerk the sum of $10.00 therefor, which shall be deposited to the credit of the general fund of the Village. Section 4. Surety Bond Required. Every person at the time of making application for a permit as provided in Section 2 here- of, shall execute in favor of the Village a good and sufficient surety bond to be ap- proved by the building inspector, indemnify- ing the Village against any loss by reason of damage to streets or other Village prop- erty and saving the Village harmless from any damage to private property or damage suit resulting from the failure of such per- son to comply with the provisions hereof, or from their negligence. Section 5. Notice to Owners of Wires and Poles. The village clerk shall, upon filing of such application, give not less than twenty- four hours' written notice to the person owning or operating such wires and poles or to their agents, of the time when, and the place where, the removal of said poles, or the cutting, raising or otherwise interfering with said wires shall be necessary. Section 6. Duty of Wire Owners. Every person owning or operating said poles or wires after service of notice, as required in Section 3, shall furnish competent work- men or linemen to remove such poles, or 5 ->-G - ; F 6-5-1 -4 raise or cut wires, as may be necessary to facilitate the moving of such house, build- ing, derrick, or other structure. The neces- sary expense which is incurred thereby shall be paid by the holder of the moving permit. Section 7. Duty of House Movers. No per- son engaged in moving any house, build- ing, derrick, or other structure shall raise, cut or in any way interfere with any such poles or wires unless the persons or authori- ties owning or having control of the same shall neglect or refuse to do so after having been notified as required in Section 5; thereupon, the person or persons engaged in such moving may employ competent and experienced workmen or linemen to per- form the necessary work, which shall be done in a careful and workmanlike manner, and the poles and wires shall be promptly replaced and the damage thereto promptly repaired. Section 8. Duty of the Building Inspector. The building inspector shall from time to time inspect the progress of the moving of any building, house or other structure and see that said house, building or other struc- ture is being moved in accordance with the provisions of this ordinance. Section 9. Red Lanterns to be Displayed. Any person moving any of the structures mentioned in Section 1 of this ordinance, upon, across, or over any street, alley or other public place, shall display red lan- terns thereon in such a manner as to show the extreme height and width thereof from thirty minutes after sunset to thirty minutes before sunrise. No. 56 AN ORDINANCE REGULATING THE EXCAVATING, DIGGING AND MAINTAINING OF OPEN PITS AND EXCAVATIONS, THE IMPOUNDING OF WATERS, AND REQUIRING A PERMIT Section 1. Definitions. (a) "Open pits or e_xcavat as used in this ordinance, shall mean any artificial excavation of the earth, within the Village, dug, excavated or made by the removal from the natural surface of the earth of sod, soil, sand, gravel, stone or other matter, creating a depression or depressions, exceeding in any one place 200 square feet of surface area, the bottom or lowest point of which shall be two feet or more below, or lower than, the level of the adjoining unexcavated land; in which depression, pit or excavation water may fall, gather, collect and remain stagnant, putrid or polluted; or which depression may be or become dangerous from the standpoint of public safety or health, or to children playing therein or thereby; or which depression may become a public nuisance, or deteriorate the value of adjacent property. Depressions, pits or excavations made for the purpose of the foundation, cellar or basement of some immediately pending superstructure to be erected, built or placed therein contem- poraneously with, or immediately following such excavating, and covering or to cover such excavated pit or depression when completed, are excepted, if a building per- mit has been issued. (b) "Impounded waters," as used in this ordinance, shall mean any water kept on public or private property within the Village in such a manner that more than 500 gal- lons of water are above the natural surface of the surrounding ground. The word "water" or "waters," as used in the pre- ceding sentence, shall be deemed to include any and all liquid substances. Section 2. Permit Required. Any person who shall hereafter dig, excavate, enlarge, make, maintain or allow to be maintained, upon property owned or used by him, any open pit or excavation, or any impounded waters, without first making an application for and obtaining from the village council a permit therefor, shall be guilty of a violation of this ordinance. Section 3. Permit; Application, Issuance, Fee. Application for such permit shall be made in such form, and the applicant shall furnish such information as shall be re- quired by the council, and among other things shall state: (a) his true name and address; (b) a full description of the location of the land where the pit or excavation is or is to be, or where the impounded waters are or are to be maintained, and also a full description of the location on such land of the pit, excavation or impounded waters; (c) the purpose of the pit or excavation, or the quantity of water impounded; (d) the highway, street or streets, or other public ways in the Village upon and along which any material for removal is to be hauled or carried; and (e) the estimated time when building or removing will begin and be completed. Such application shall be filed with the village clerk at least five days before being acted upon by the village council, unless the council shall unanimously consent to act thereon within a shorter time, in which case action may be taken whenever the council may see fit. A fee of $5.00 shall accompany each application, to be kept by the Village; however, if the council, after action duly taken, refuses to issue a permit, such fee shall be immediately returned to the appli- cant. The council may require a map or plat of the proposed pit or excavation to be made and filed with the application, before acting on the same, showing the confines or limits thereof, together with the proposed depth thereof of different parts thereof. A similar map or plat may be required in regard to the proposed container for the impounded waters. Section 4. Conditions of Permit. The council, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit issues, or the owner or user of the property on which the open pit or excavation or impounded waters are located, to: (a) properly fence any pit or excava- tion; • —14— 4 • (b) slope the banks, and otherwise prop- erly guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks; (c) properly drain, fill in or level any pit or excavation, after it has been created, so as to make the some safe and healthful as the council shall determine; (d) keep any pit, excavation, or im- pounded,waters within the limits for which the particular permit is granted; (e) remove excavated material from any pit or excavation, away from the premises, upon and along such highways, streets or other public ways as the council shall order and direct; and (f) provide, for the purpose of retaining impounded waters, a container of suffi- cient strength and durability, and maintain such container in safe and proper condi- tion. Section 5. Bond May be Required. The council may require either the applicant or the owner or user of the property on which the open pit or excavation or im- pounded waters are located, to post a bond, in such form and sum as the council shall determine, with sufficient suety run- ning to the Village, conditioned to pay the Village the extraordinary cost and expense of repairing, from time to time, any high- ways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel, in removing material for any pit, excavation or impounded waters, the amount of such cost and expense to be determined by the village engineer; and conditioned further to comply with all the requirements of this ordinance, and the particular permit, and to pay any expense the Village may incur by reason of doing anything required to be done by any appli- cant to whom a permit is issued. Section 6. Violation Prima Facie Evidence of Negligence. Any person who shall re- fuse, neglect or fail to comply with any requirement made of him under the provi- sions of Section 4 hereof, as promptly as same can reasonably bedone, shall be guilty of a violation of this ordinance and in addition thereto, the failure to comply with such an order, after notice, and the maintaining thereafter of a pit, excavation, or container of impounded waters shall be prima facie evidence of negligence, in any action by any person thereafter injured or damaged as to person or property thereby. Section 7. Council May Have Work Done. The council may, for failure of any person to comply with any requirement made of him in writing under the provisions of Section 4 hereof, as promptly as some can reasonably be done, proceed to cause said requirement to be complied with, and the cost of such work shall be taxed against the property whereon the pit, excavation or impounded waters are situated, or the Village may at its option proceed to collect such costs by an action against the person to whom such permit has been issued, and his superiors if a bond exists. Section 8. Violations; Penalty. Any per- son who shall violate any of the provisions of this ordinance shall be punished by a fine of not less than One Dollar and not more than Me Hundred Dollars besides the costs, and in default of payment, shall be imprisoned in the county jail until pay- ment is made, not exceeding ninety days in all. Each day of violation shall constitute a separate offense and be punished accord- ingly. The penalty imposed by this section shall be in addition to the remedies con- tained in Sections 5, 6 and 7. ,oy56E Gl-A �V'at6 y 1-nq Q / ��-Itr•S4 AN ORDINANCE REGULATING AND PROVIDING FOR THE LICENSING OF OUTDOOR ADVERTISING SIGNS Section 1. Definitions. The term "outdoor advertising sign" as used in this ordinance means any card, cloth, paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character displayed for informational or advertising purposes on the ground or on any tree, wall, bush, rock, post,_ fence, building, structure or thing whatsoever. The term "display" includes erecting, constructing, posting, painting, printing, writing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The term "outdoor advertising structure" means any structure of any kind or character, not attached to any building, and erected or maintained for outdoor ad- vertising purposes, upon which any outdoor advertising sign may be displayed, includ- ing also outdoor advertising statuary. The term "sign" means any outdoor advertising sign or outdoor advertising structure. Section 2. Signs for Which Permits are Required. The owner or occupaht of any premises on which there is,displayed a sign having an area of six square feet or more, or the owner of such sign (other than signs authorized.. by paragraphs 3(a), 3(b), and 3(c) (3) of this ordinance)_ shall file appli- cation with the village clerk before any such sign is displayed. At the time of the fling of an application with the clerk for permis- sion to display a sign, the applicant shall accompany such application with a descrip- tion thereof .and a sketch showing the size, location, manner of construction and such other information as shall be necessary fully and completely to advise the council of the kind, size, construction and location of the same. No sign having an area of six square feet or more shall be displayed at any time unless a permit therefor, which shall specify the location of the sign, shall have been granted by the council, and the applicant shall have complied with the terms of this section and paid the annual license fee provided herein. Despite the compli- ance by the applicant with all other pro- visions of this ordinance the council reserves the right to deny the permit applied for if in the opinion of the council the erection of the sign for which a permit is requested would tend to create or increase a traffic condition dangerous to the public. If any permit is denied on the grounds specified in the preceding sentence, a statement of such grounds shall be set forth in the resolution of the council authorizing the denial of Section 3. Special Regulations for Open Development District. In the Open Develop- ment District of the Village, as established in the zoning ordinance, no new signs shall be erected on any premises except: (a) Signs less than twenty-four square feet in area and displaying the name only of the property or premises upon which dis- played or of the owner or lessee thereof; or pertaining only to the sale, rental or lease of such premises. (b) Street and traffic signs and signs on municipal buildings. (c) The following signs upon the securing of a permit, if required herein, for each such sign: (1) Signs advertising the sale of a sub- division or of lots therein and located thereon. (2) Directional and informational signs of a public or quasi -public nature, including signs serving as directional signs to proper- ties not situated adjacent to the street upon which such signs are located. (3) Signs and bulletin boards of the Village of Edina, churches, libraries, mu- seums, schools, or memorial buildings. (4) Signs which are located not less than 500 feet from any dwelling, other than a dwelling owned by the person who also owns the land upon which the sign is lo- cated. If any sign is now or hereafter erected or placed in accordance with the terms of this paragraph and thereafter a dwelling, other than a dwelling owned by the person who also owns the land upon which the sign is located, is erected or ac- quired at a place which is less than 500 feet from said sign, such sign shall, within one year after notice of such fact by the clerk of this Village to the owner thereof or to the owner of the land on which the sign is located, be removed. Notwithstanding the provisions of this paragraph, the council shall have the power to grant a permit for any sign now or hereafter located within 500 feet of any dwelling, if the granting of such permit would not unreasonably contravene the purposes of this ordinance and the zoning ordinance of the Village. Any permit granted by the council pursuant to the provisions of the preceding sentence shall be subject to revocation by the council upon written notice to the owner thereof, or the owner of the land upon which the sign is located. Within one year after such notice of revocation of such permit, such sign shall be removed. If any sign is not removed within the time specified in any notice provided for hearing, the Village may remove such sign and collect the cost of removal from the owner of the land on which such sign is located, or from the owner of the sign, by action brought in any court of corlipetent jurisdi on (5) Signs located on a tract or parcel of land on which there is conducted a busi- ness permitted by the zoning ordinance, if such sign advertises the business conducted or product sold on such tract or parcel of land. Section 4. Rules and Regulations for New Signs. No sign for which a permit is re- quired shall be displayed, erected, con- -15— strutted, altered, or moved, unless the fol- lowing requirements have been complied with in good faith: (a) No outdoor advertising structure shall exceed twenty-five feet in height above the ground or the roadway level, whichever may be higher, and every such structure, other than statuary, shall have an opening of at least two feet between the lower edge therof and the ground, which space shall not be closed in any manner while the struc- ture stands. The owner, lessee or manager thereof, and the owner of the land on which the same is located, shall keep all grass, weeds, and other growths cut and cleaned up between the structure and the street, and also for a distance of six feet behind at the ends of the structure. (b) No outdoor advertising structure shall approach at any point nearer than three feet to any building or the side of any lot without the written consent of the owner of such building or land so affected, nor nearer to any street line than the estab- lished or customary uniform building line upon the street where such structure shall be erected. (c) No sign shall exceed one thousand square feet in area. (d) All signs shall be constructed in such a manner and of such material that they shall be safe and substantial according to plans and specifications to be approved by the council; provided, that nothing in this ordinance shall be interpreted as authoriz- ing the erection or construction of any sign not now permissible under the zoning or building ordinance of the Village. (e) No sign shall contain any indecent or offensive picture or written matter. (f) The council in granting permits for illuminated signs shall specify the design thereof and the hours during which the some may be kept lighted, when in their discretion they shall determine such action to be necessary to prevent the creation of a nuisance. (g) No sign except signs located in the open development district shall advertise any firm or product other than a firm doing business on the tract or parcel of land on which the sign is located, or a product which is for sale on said tract or parcel of land by such firm. (h) No sign shall be displayed on any public street. (i) No sign shall be displayed within 50 feet of any street or highway sign, or of any traffic sign or signal, or of any cross- road or crosswalk, except when permit therefor is approved by the council. A per- mit will be issued under this Section 4 (i) only if (1) The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk, and (2) The sign will not distract drivers or offer any confusion to any street or high- way sign, or any traffic sign or signal. Section 5. Removal of Signs Violating Ordinance. (a) Every sign which may be or become out of order, rotten or unsafe, and every sign which shall be erected contrary to the provisions of this ordinance, shall be re- moved or otherwise properly secured, in accordance with the terms of this ordinance, by the owners thereof or by the owner of the ground on which said sign shall stand, upon receipt of notice so to do mailed to them by the clerk. (b) Signs not conforming to the require- ments of Section 3, Section 4 (g), and Sec- tion 4 (i) shall be removed immediately. In case of failure to comply, the clerk shall notify by mail the owner thereof or the owner of the land on which said sign is located, or both, of their duty to remove said sign and if said sign is not removed within thirty (30) days after the mailing of such notice, the Village may remove such sign and collect the cost of removal from the owner of the land on which such sign is located, or from the owner of the sign, by action brought in any court of competent jurisdiction. The collection of such cost of removal pursuant to this paragraph shall not prevent the imposition of any other penalties for violation of this ordinance. (c) Existing signs not conforming to the requirements of paragraph 4 (h) shall be removed with notice as being detrimental to public safety. Section 6. Removal by the Village. In the event of the failure of the owner of any sign or the owner of the ground on which the sign is located to remove or repair such sign within the time stated in any notice issued pursuant to the provisions of this ordinance, but not less than ten days, the same may be removed by the Village at the expense of the owner of such sign, or the owner of the ground upon which such sign stands, and the amount of such expense may be col- lected by the Village by action brought in any court of competent jurisdiction. Section 7. License Fee. Except as herein- after provided, there is hereby imposed an annual license fee for each sign exceeding t six square feet in area (other than signs authorized by paragraphs 3 (a), 3 (b) and 113 3 (c) (3) of this ordinance), which fee shall t be a sum equivalent to one cent (lc) for 0* each square foot of surface of such sign or The sum of one dollar ($1.00), whichever t shall be greater; provided, that the maxi- mum annual license fee hereunder shall be the sum of ten dollars ($10.00). Such fee shall be payable at the time of application for a permit for such sign, and on or be- fore April 1 of each year thereafter. The annual license fee provided herein shall not be payable with respect to any outdoor ad- vertising sign painted on the roof or walls of any building except that at the time of application for the original permit here- under for such sign there is hereby imposed and there shall be paid an original permit fee in the sum of one dollar ($1.00). No. 66 AN ORDINANCE REGULATING THE LICENSING OF PLUMBERS IN THE VILLAGE OF EDINA, MINNESOTA Section 1. License Required for Plumbing Work. No person shall carry on the business of plumbing within the Village or make any connection whatever with the water pipes, water mains, branch sewers, main sewers, main drains or other service pipes of the Village, or make any repairs, additions or alterations of any pipe, tap, stopcock, wa- ter closet or any other fixture connected with or designed to be connected with the water works or sewer system of the Village without first having obtained a license in the manner herein prescribed. Section 2. Application for License. Any person desiring to engage in the occupation of plumbing or making connections or re- pairs as specified in The foregoing section, shall first submit an application to the coun- cil, which application shall be signed by at least two practical plumbers, recommending the applicant as a person regularly edu- cated to the business, of good reputation and thoroughly qualified to carry on the business of a licensed plumber, and except in those cases in which the applicant holds a license as a master plumber under the laws of this state, shall, in addition, furnish such other evidence or pass such examination or both as the council shall from time to time require regarding the experience and quali- fications of applicants to engage in said business. Section 3. Bond to be Furnished. Before a license shall be granted to any person, he shall execute and deposit with the village clerk a bond in the sum of two thousand dollars, with two or more sureties thereon, to be approved by the council, which bond shall be conditioned that the applicant shall in all respects well and faithfully perform all things by him undertaken in the making of connections, repairs or taps of any kind with the water mains or pipes connected with the water works system of the Village, and shall save the Village harmless of and from all accidents and damages consequent thereto or by reason of any opening in any street, lane or avenue made by him or by any person in his employ, for the purpose of putting down service pipes connecting with the water works of the Village, and that he will restore all streets excavated by him to their former good condition, and will keep and maintain the street and side- walk in good condition, to the satisfaction of the council for the period of one year next thereafter, and that he will pay all penalties imposed upon him by the council for the violation of any rule or regulation of the Water Works Department, and shall strictly comply with and do all things re- quired by the ordinances of the Village. Such applicant shall, before being granted a license, also execute and deposit with the village clerk a like bond in a like amount and upon the same conditions as the one above specified, covering his acts in making connections with or repairs on any service pipe connecting with the sewer system of the Village., 0 • • —16— Ll r7 Yz VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA. ORDINANCE NO. 51-1 AN ORDINANCE REVISING FEES FOR BUILDING PERMITS, AMENDING ORDINANCE NO. 51 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: ... Section 9 of Ordinance No. 51 of the Village, known as the "Building Code of the Village of Edina, Minnesota", is hereby amended to read as follows: "Section 9. Fees. The applicant for a building permit hereunder shall pay to the Village, as a fee for the expense of inspection of the building and examination of the plans and specifications, a fee computed according to the following schedule; "For erection of or addition to residences, including residential garages, $1.00 for each 1000 cubic feet, or fraction thereof, in the cubical contents of each such building or addition. "For erection of or addition to mercantile, commercial, industrial and other buildings and structures, $1.25 for each 1000 cubic feet, or fraction thereof, in the contents of each such building or structure or addition thereto. "For repairs or alterations to existing buildings or structures, $2.50 for each $500.00 or fraction thereof in the cost of all proposed work included in the permit. "The minimum fee charged for any building permit shall be not less than $5.00. "For the purpose of computing building fees as above provided, the cubical contents of any building or addition to an existing building shall, in the case of a building or addition of approximately uniform height throughout, be the product obtained by multiply- ing the ground area covered by such building or addition from a point 6 inches below the floor line of the basement or cellar, where there is to be a basement or cellar, or from a point 6 inches below the top of the foundation, where there is to be neither basement nor cellar, to the average height of the upper surface of a flat roof or to the average height of the roof surface of the main gable of a pitched roof. In the case of any proposed building or addition to an existing structure, portions of which are of different heights, its cubical contents shall be taken as the sum of the dubical con- tents, similarly determined, of said different portions, computed separately." 2. This ordinance shall take effect immediately upon its passage and publication. Passed first reading August 13, ,1956. Passed second reading August 27. ,1956. Published September 6. and 13. 91956. Adopted August 27% ,1956. ATTEST: (Signed) GRETCHEN S. ALDEN Village Clerk (Signed) REUBEN F. ERICKSON Mayor v IW I=PA, 'YS, EQ0WITPRMI�jX�'l rI XI rU; BJLDUrot.NSM(1RES, Pr,VID MR ' ;�7 .ikND CX)1XSCT'10N OF 7-HIM17,01R, PROVID-lKi PRI-A-,TIES Fop Tlii VIOLAUO—N 111QAND THE VILLAGE 00UNCIL OF T1',E V111: GP OF MINA, PATHINF-SOTA. 2ectlm--1_0. �-n Code Ajontpci. Piece heraby ad;�ptnt! wici incorportted heroin by rpf,�,,renca, as an ordinAnce .If the Vlllaqee of Edlw,, 0tt.- document8 entitlqd "Unifum NAId-Ing Code, 19% 761tion, Volume I", vid "Orilfnrr Buiding Code (Standai-ds)q, 195C, Ed,41.1tJong Volurw III:', bi-,th ",ob"Islic-3 by national Confexence% of BtAtolinj Officials, but rsczrtk-,::1)vj 1301r,-', 2";j1d, and 4801. of that 4pp,,wfly ift the fornw.r t-A also Sectlo.-; '211CI -F the main body of said Code. D .5ectLqn- unifor);- AIdin Code on ;�-1 It7" 71-1reg of v1JA marked "Offici&I Copy", vsho-I., b,-, ftl� in teat-- cffle;-1 of the Clisrk-- px.'.�r t�, of this o-Ainanr,�, and shall r-:Y,-s1n on file fri -zW(� ff*ca fp'-xr use �?nd the PubM,-- Tho Cl,-��rl, 4iali �',�nrn 11, sAh copies of �;Ai,l upon recp)gst. _!If In sa, e, c-d C3 shall be understo(A to rtfor "VI Uneve"t -nd to '`Village .cuncilll. ;act I on 4" �7, �lan 'A-sd*. Pic- f r, "U ow�, --h A-w- GnifcNx- .13ulldlnq- lfcclumc I" Tho 411'n't'ai-t t-.' fhi� fine h- The lAtt cf p;l� a#-!-rbrsh W of A sentence zubst.lt,�4�4t1 lh,�-rcvr-r.- "Whal-, Ao :ts such.' The For '1�hle -vit Pexi dosi-,ine-'! �-,ccvpanc,,� ;Icvt for FyvJ-, cu"A'c' 5,-Iat or -Le Or CS.`h 1 w I MI CIA 1. f c, r fry Me z---InLmum fgt--,- dxecttnvn, fs;s gl,,- the "Jjjaj,2&)t '19 Paragrap.)t: (b) —M %1-1L.11. 4 -,;4 f,.: 4 7-2 cvv k I cNa lfl"-O -o—r c ail 4 CeIUOD.1, �-hct. nxc 1s s t�f th iz Code 4'o, —I— of 3)octl on 2?0 Q: NA1d`knq&q except :huse of. Group j � " oCi.cu,)Anc$jai r �,, I have (AX t e- i or 'Ovexed With i�-olid tlif&sthl ra A's -Clflcd ji The first veriical collimn of iigures appe�ring Immediately nayt to f roof membar,,; In Table No. 23-B In,--'fudF-d In Section 2305 shall be Cb4nje 20 to 40; 16 to 30; and 12 te 20 - T'-Je second and this. ve.rUepi c.ojumns sh,;I! be 11sxvqerdtd. �a`d amonder, roof livig- load capaclt.ro& stall be deemed P-decruate for Tbe referrince, Uj Fire Zone 1. In Seat`fors1(�Oj are hereby eliminat-ed. M."'de in SpCC.f:- (I)o1(3) fox- description of Fire panes anal he t" section .1602 1-� he,�-ebZ deletj-4-1� J-1 U7 of th a If t cf Board 0i: The ttavyor shalt fn:rtt-iwj.tjj i i, �,;zj.,rry Out Lbp. of Si5,ctlon 204 five Mai-J"Red ,ho Boa�-,d (j by a&,Ild Sec+: cn., 7. rdinance o. 51 o N�f thzj V-1 1) ace, known ,-;G -the &.A.1-d-ntt MAgn t). o�, 1) f VU-Jagri rA P q -�vlded,o howevert fl-g, .6 1 r?,- . ..Q�inesota, 1!� 1, by xopO6�ad� pro, 't inut apr vo,i 10-onsc thereof stoa.`.-, cont t n b-, Vicab 'nat n!�t Completed (or not !)equn), but 1 1cl, r, ructior bu d n fie > t�-Pn thex-euin, r, n i: . c� nstrjctlon fo--, which no buU-i;nq- po�iinll, t hag 'X,�4-n lgsuid, Nit, oosts Y-1 or 160 th--- If ac�,J ve jafo, of thi 3 ovlinancae in by lsv bu-1 OYd1n--,!,nce No. 5j, v; that Io opply tha provislrx�� tropose C A !on wm&l work',* bardshin on Jn-- ... .; A ;elrz_1 Coo-'e to the p- onstx�-. Ut -pplying, for ; IA. i),-Oknq permit; hciwazver, i.�ia "yjjjdlng risrn, �Aj-)-ld int TncF-, cc! 1 bo as provi"Jov, 5-1- Ghppter 3 uf �:EsIcl Code 1,_7,., rhi 8 o,Z, I i r, �nt; p rh A I I tt I, P eff s rz, t lolled 'A at e I v up cr, I tq p a e- -vqgf f �,,i 1t. ;i;A con, tY,!L -, 26th ri6y -of gR"� E5214 Jp U EN q!)C JW� 15 1�1 ORDINANCE NO. 51A•1 M ORDIiftiZE PROVIDING FOP RES.'i:n OF FEES P/%1D FOR BUILDIN4 PERMITS Ted CERTfi , CASES, AME,;DIN9 ORDINAtZE V0. 51A THE VILLAGE 00MCIL OF THE VILLAGE OF EDII:Aq MIE-. ESOTt,, ORDAMS: $eection 1. Section 4 of Ordinance No. 51A of the Village is hereby amended by adding thereto a new subsection (da), reading as follows= "(da) Section 303 shall be amended by adding thereto a further paragraph (c), reading as follows: "(c) Re fund of Fees, Upon return of a building permit to the Village by the holder thereof, with proof satisfactory to the Building Official that no construction was unds.:taken pursuant thereto, he shall refund to the holder the building permit fee paid under subsection (a) hereof, except that he shall retain and withhold from such refund 5`ro of the amount of the fee paid, or the sum of $25.00, whichever is greater. A similar refund shall be made in such cases of any plan -checking fee paid under subsection (b) hereof, except that no refund shall be made if the Village has caused the plans to be checked." Section 2. This ordinance shall take effect immediately upon its passage and publication. ".dopted this 22.nd day of December, 1956. ATTEST: (Signed) ARTHUR C. BREDESEJ. J: (Signed) GR ETCi I-l-< 5. ALM 74 Mayor ��rr .■ r Village Clerk Published in Fdina-14orningside Courier January land E, 1959. 40, 0 ORDINANCE NO. 51A-14 AN ORD131UICE RESTORING FIRE ZOOS ONE AAD PROVISIO14S RELATIJG THERETO IN THE UNIFORM BUILDING CODE ADOPTED BY THE VILLAGE, AMENDIAG ORDINANICE NO. 51A THE VILLAGE COUNCIL OF' THE VILLAGE OF EDINA, ►•9INNESOTA, ORDAINS: Section 1. Subsection (g) of Section 14 of Ordinance No. 51A of the Village is hereby repealed and rescinded. Section 2. This ordinance shall take effect immediately Capon its passage and publication. Adopted by the Village Council this llth day of ,June, 1962. ATTEST: (Signed) ARTHUR C. BREDESEa, J'R. (Signed) GRETCHEN S. ALDE14 Mayor ?_age Clerk " Published in Edina--Morningside Courier June 14, 1962. 40 Sociion 3. Duties of -the Building la, In ,nec_c own, Tne Building .Inspector shall inspect the wilding arrl -the applicant's equipment to determine whether the following standards for issuance of a per- mit are met. He shall refuse to issue a permit is he finds that: (l) any application requirement or :any fee or deposit bond, or insurance requirement has not been complied with; (,.2) "he building Is too large to move without endan- gering persons or property in the Village; (3) the building is in such a state of deterioration or disrepair or is othexw,'-" so structurally unsafe that it could not be moved without endangering persons and property in the Village; (4) the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the Village; (5) the applicant's equipment is unsafe and persons and property would be endangered by its use; (6) zoning, building code or other ordinances would be violated by the building in its new location is such location is in the Village; (7) for any other reason, persons or property in the Village would be end�ingered by the moving of the building; or (8) that the building is in substantial variance with either the established or the expected pattern of build- ing development within the neighborhood to which the build- ing is to be moved, The findings of a comparative study of age, bulky architectural ntyle and quality of construc- tion of both the building to he moved and the buildings either existing or expected in the neighborhood shall be the criteria by which the Building Inspector shall deter- mine the degree of variance. (b) fees and Deposits. (a) F.e-turn upon non-i skuanct.. Upon denying a permit, the Building Inspector shall direct the Village Treasurer to return to the applicant all deposits, bonds and insurance policies. The permit: fee filed with the application shall not be returned. (c) RaIum u!.2cn q;l?o:sranc? far_j��r g ;_ After the huildir ha-s bean moved, tine Bui.ld`nq Tnt.nF,c#.oir _,hall furnish the • Village k; nager with a written statement of all expenses incurred anrJ of all damage caused to or inflicted upon property belonging to the Village by reason of the move. The Vill;^cue Pr�;nager shall authorize the Village Treasurer to return to the applicant MI deposit; after deducting a sum sufficient to pay for all of the costs and expenses and for all damage done to property of the Village. The permit fee deposited with the application shall not be returned. (c) Designate Street.; for Removal. The Building Inspector shall procure from the. Department of Public 'Works a list of designated streets over which the building may be moved. The Building Inspector shall have the list ap- proved by the Chief of Police and shall reproduce the list upon the permit in writing. In making their determinations the Department of Public :corks and the Chief of Police shall act to a,,;sure maximum safety to persons and property in the Village and to minimize congestion and traffic haz- ards on public streets. Section 4. Dut a s_of_Pgrmittee. Every permittee under this ordinance shall: (a) Use Designated Streets. Move a building only over streets designated for such use in the written permit. (b) Notify- of Revised Moving Time. Notify the Building In- spector in writing of a desired change in moving date and hours as proposed in the application. (c) Notify of DaMEgg. Notify the Building Inspector in writ- ing of any and all damage done to property belonging to the Village or any public utility within 24 hours after the damage or injury has occurred. (d) Display Lin ts. Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barri- cades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. Warning lights with open flames shall not be used. (e) Street Occupancy- Period. Remove the building from the Village Streets After two days of such occupancy, unless an extension is granted by the Building Inspector. M Comply with Governing Law. Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinances and laws upon relocating the building in the Village. -3- ' r xnP.r.se of UffiP-iy the expenr;e of a traffic office-r ozdpred by The Village Manager to ac.comp--iny thc? movement of the building to prov,?ct the public from injury. (h) Clear O-ld Premises. �'emove all rubbish and materials and 'ill all evcavati.on:j to existing grade at the original building site, if within the Village, so that the premises are left in a safe and sanitary condition. All foundation structures are -to be removed to a depth of 18 inches below the finished grade of a lot. (i) Remove Service Connection•, cause the sewer line to be pluq ged with a concerte stopper, the Neater to be shut off if the original building site is within the Village. Permittee shall notify the gas and electric seniice compAnies to remove their ser- vices (j) Gamo)etian of Remodeling. If the building is relocated in 'the Village, complete within 90 days after removal° all t-emodel- ing, additions or repairs as shown on the plans accompanying the application. Section 5. Liability of PermittteP to Millage. (a) Permitttee Liable for Expense abol?e Deposit. The permittee shall be liable for any expenses, damages or costs in excess of deposited amounts or securities. W Ora incr.L-Premises Left Unsafe. If the original building site is within the Village. the Village shall proceed to do the work nscesa.ary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the re- quirements of this ordinances and the cost thereof shall be charged against the cash deposit. Section b. Pipp al to Counci Any applicant to whom a permit has been denied by the Building Inspector may appeal to the Village Council. The applicant shall submit a notice of appeal to the Village Clerk in writing, and the matter shall be heard by the Council at a regular or special meeting to be held within 35 days after filing of the notice of appeal. The Council may affirm, reverse or modify the action of the Building Inspector. Section 7. Penalty. Any person violating or failing to comply with any provision of this ordinance shall upon conviction thereof, be fined not to exceed $100,00, or be imprisoned not exceeding ninety (90) days. Each day such violation is committed or permitted to continue shall constitute a separate Offense and shall be punishable as such hereunder. Section 8,. RQ202L Ordinance No. 52, entiitled "An Ordinance Reg- ulating the Moving of Houses, Buildings and Other Structures", is hereby re - Pealed. Section 9. Effective Data, This ordinance shall sake effect im- rredi:;tely upon its p sssage and puhlicaticn. .,I ORDINANCE NO. 57 AN ORDINANCE. REGULATING EXCAVATIONS IN ANY STREET, ALLEY, PARK OR PUBLIC EASEMENT IN THE VILLAGE, REQUIRING A PERMIT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, THE VILLAGE. COUNCIL OF THE VILLAGE OF EDINA, ]MINNESOTA, ORDAINS- Section 1, Permit Required for Excavating. No person shall excavate, dig, tunnel, trench or ditch in or under any street, alley, park or public ease- ment for the purpose of connecting or installing any water, sewer, drain, gas, steam, electric or telephone conduits, conductors or pipes or for any other purpose, without first obtaining a permit and paying the fee therefor and giving bond as hereinafter provided; however, such permit shall not be required for work to be done under the supervision or inspection of the Director of Public Works and Engineering or his agents or employees. Sec. 2. Form of Application; Regulations. Each application for permit shall be made in writing on an official. Village form setting forth the regulations contained in Section 10 of this ordinance, Sec. 3. Permits to be Kept on Work Site. Each permit for excavations shall be issued in writing by the Village Clerk and shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work, The permit shall be exhibited upon request made by any Village official or police officer, Sec, 4„ Fees for Permits. Before a permit is issued, the applicant shall pay a fee of $5,.00 to the Village Treasurer for each location covered by the permit. Each transverse excavation and each 100 feet or portion thereof of Longitudinal excavation saall be deemed a location. The applicant shall also pay a fee for street surface repair and restoration, as follows-, (a) Graveled or oiled surface $10,.00 (b) Asphalt concrete or bituminous surface $30�00 (c) .Portland cement concrete surface $40.00 Dote; (b) and (c) are based on trench size 2 ft. x 4 ft,, requiring surface cuts 3 ft:, 6 in, x 5 ft. 6 in, Larger pavement cuts will be charged proportionately. Sec. 5, Diligence in Performing Work.. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work shall not be performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work shall cease or be abandoned without due cause, the Village may immediately take such action as may be appropriate under the circumstances in the interest of the public, and after 24 hours' notice to the permittee of intent to do so, may correct said work and fill tae excavation or repair the street, The entire cost •4 to the Village of such work shall be paid by the permittee, z Sec, 6„ Bond Required. Unless the applicant '.iias in force the bond required of licensed plumbers, a surety bond in the amount of $2,000,.00 shalt be required from each permit applicant, such bond to be conditioned that Lhe holder will perform the work in accordance with Lhis ordinance and applicable regulations, and will indemnify and save Lae Village and its officers harmless against any and all claims, judgments of other costs arising from the excava- tion and other work covered by the permit or for which Lhe Village, Village Council or any Village officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the excavation or for any other injury resulting from the negligence of the permittee„ Sec: 7 Obstruction of Work. No person shall hinder or obstruct the making or repairing of any opening being made or repaired under a permit issued as herein provided. Sec., 8. Provisions Supplemental,. The provisions of this ordinance are not in lieu of but supplemental to provisions of other ordinances requiring utility connection permits, Sec. 9., All Work to Comply with Regulations. Work for which a permit is not required under Section 1 hereof shall nevertheless be required to comply with the regulations contained in Section 10 of this ordinance. Sec., 10. Reptulations. (a) Safetvo (1) General - The following sections of the Village's General Contract Conditions shall apply- "Seco27o (d) Sanitary Provisions: The Contractor shall observe and comply with all laws, rules and regulations of the state and local authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. He shall provide suitable "toilet" facilities for workmen on the project-" "Sete 27, (e) Public Convenience and Safetyg The ontractor shall at al.l times conduct his operations and perform the work in such a manner as to insure the least obstruction and interference to traffic,. The Contractor shall take adequate precautions to insure the safety of the general public and those who require access to abutting property." "Sec. 27,: (f) Traffic Provtsi.ons_; In all cases where construction Mork interferes wiA h the normal, use of the construction are, provision: will be made to close the construction area to traffic or to afford it restricted use of the area. Proper detour signs acceptable to the Engineer shall be furnished by the Contractor at Locations designated by the Engineer," "Seca31, Accident Prevention; Precaution shall be exercised at all times for tine protection of persons (including employees and property) The safety provisions of applicable laws, building and construction codes shall. be observed; machinery, equipment and all hazards shad be guarded or eliminated in accordance with Lhe safety provisions of the Manual of Accident ]Prevention in Construction, publis.ied by the Association of. General Contractors of America, to tiie extent that such provisions are not in conflict of applicable law,"' (2) Excavations and work operations by barricades, flags, and if required, by blinkers or r d lanterns 1t. nightie shall be properly protected and identified flagmen ili cl--e dayri.me, and by flares, ' (3) E'::cuvations shall be cribbed than necessary and depending upon type of soil, in order to prevent cave-ins endangering life or tending to enlarge the 40 c_ccavation. L (4) The end of boomed or swinging equipment shall not operate closer than 5 feet of a power or comunicastion cable, vuy or stay. (5) Underground construction aitall not unnecessarily or carelessly harm root grojna of cultured, slightly or ornamental trees and shrubbery. (b) (1) Installation of pipe (utility conductors) under Portland cement `oncrete, Asphalt Concrete, or other high -type bituminous pavements shall be done by jacking, augeri.ng or tunneling as directed by the Village unless otherwise authorized. When this type of installation is made, a casing of larger dimension shall be used to sleeve or eracase the service pipe or conductor. (2) When excavating in or trenching; across an improved road, material excavated shall be piled separately. (3) When removing pavement of Portland Cement Concrete, Asphalt Concrete or high -type built -rap bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of 9 inches beyond the trench width and length, in order to provide a shoulder and sold foundation for the surface restoration. (4) To obtain o straight edge and neat-appea_ing opening in pavement surfaces, the following procedure is required: nCO Pavement - he surface shall be sale -cut scored 2 inches deep and the concrete broken out by sledge or pneumatic hammer. AC Pavement - The surface shall be cut full depth by pneumatic ham-mer chisel. (5) Excavations, trenches and jacking pits off the roadway or adjacent to the road, ny or cu�bin- shall be sheathed and braced depending upon location and soil stability, and as directed by the Tillage. 6 E_rcavatier s, tr ncha s and jacking nits shall be bertr:ed when unattended to prevent entrance of surface dra niage. (i) All back -filling .must be placed in 6 inch layer-s at optimum moisutre and cot;aMcted ,pith the objective of attaining 100 per cent of AASHO density. Corpactior shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (8) Backfill material shall be Claw 5, HIRD Specs or better in the judgment of: the Village. (9) Compacted backfill shall be brought to street grade and crowned at the cc €:fir not more than 1 inch, (1C) The Village will pbowptly tharenf,er place a temporary bituminous surfacing patch; and after stabil.Lzatior. is assured i%'anproni.:_atiely 60 days) will &�^.CZr91i �h pe mi anent resurfacing '=with Portlaand Cement Concrete, Asphalt Concrete, etc., Ins ap—propriatc -3- ' (11) If settlement occurs or excavation fails within 2 gears from comple- tion date, requiring replacement of the excavation or trench roadway surface, the excavation or trench back -fill -material and the surfacing will be replaced by the Village at the expense of the permittee. (12) Village approval shall be required for any construction, anchors or braces within the boulevard or on the shoulders. (13) Vehicular driving onto the boulevard or shoulders from the roadway shall be regulated as required by circumstances. (14) Method of construction and type of machine excavation shall receive prior Village review. (15) Excavations and trenching wider or longer than 4 feet are not permitted without special authorization. (16) Street traffic shall be maintained unless provided otherwise by the permit provisions. (li) When one excavation or trench is made adjacent or contiguous to or merging into or close to any other excavation, the party making the last exca- vation shall be liable for any violation of tail regulation and/or for after - settlement at the intersection of the excavation. (c) Miscellaneous. (1) No lugs damaging to roadway surface may be used on equipment. (2) Dirt or debris tracked or spilled onto the street surfacing shall be periodically removed during construction to prevent accumulation. (3) Street surface and roadside shall be cleaned after construction is completed and left in a neat and presentable condition. (4) After all construction and clean-up has been completed, the permittee shall notify the Village (Inspection Dept.) within 24 hours to this effect, and request final inspection and acceptance of the worm. Sec. 11. penalty. Any person who fails to comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and punished by a fine of not more than ;100 or by imprisonment for not more than 90 days. Sec. 12. This ordinance shall be in effect from and after its passage and publication according to law. Adopted this 26th day ofFebruary , 1962. A717EST: (Sieved) ARTHUR C. BREDESEN. JR. (Sicned) GRETCIEN S. ALDEN Mayor Village Clerk, pwl`!z`--ed in Edina-Morningside Courier March 1, 1962. • • AN O1MINAi' Al LT:DiP?G 0 :'r;ii`If '?C VILLAGI" A0 TO L. C7iISt] F E7.5 UIRED I DVERTISII�'G SIGNS 35F G /-A 61 OF THE FOR OUTDOOR THE VII.LjGE OOt]PJCIL OI' �•� �T' "DINAY r- _ ^ .� I..... i�GE 0r 3D B;A, iIIlvlti.USo _i, OLDAIN'S: 1. Section 7 of Oz diaarce No. 61 of the Revised Ordinances of the Village of Edina is hereby amended to read. as follows: "Section 7. l,_..c•?r se Fee, P«Zpn.ent or an annual license fee shall be required f'or c.; sign exceeding six (6) square feet in size, except (a) signs authorized Iz7 paragraph 3(a), 3(b) and 3(c)(3) of this ordinance, and (b) outdoor ad-i. i, is ing signs painted on the roof or walls of buildings® Such annual fen _.: hereby imposed at the rate of a1O.0O for the first 100 square feet or portion thereof, plus $2.50 for each additional 100 sq--,ai,3 feet or portion thereof up to a total of 4OO square feet, :Ind ' 2.00 for each additional 100 scua.re feet or portion thereof. Such fee shall be pay -able at the time of application for L rr:rnnt for such sign, and on or before April 1 of each year th%�rcaftex', beginning on April. 1, 1955. An original permit fee of ' i.C,, shall l:ac paid for each rexrn,it for an outdoor ad e i� i.ng si m ,r.inted on the roof or wal is of buildings., zmd. said sLmn shall ac,v.)--pang each app i iC`,''-ti0'1 �G:.' smch pel-it.lt 2. This ordinonc,-- shr.11 be in fv-11 force; and effect ir,"Inediately upon its passage and publfcwUori accordi:ag to laws Adopted „?pis 28th day- of !-:arch, 1955. ATTEST: (Signed) REUB-721 F. ERICKSON (Signed) GR CH:?N 5. AT P.Et3 Mayor Village Cl ,�.°k Published in Edina- K0rningside Courier March 31 and April. 7, 1955. .!.r ZLaE. A1'aYtA OF iI4.JsarS. 021_LaiS..i.].iii.i M7470, NOS. 61 AN3 63, j. _ .. VI . L1lrl:, COUNCIL l THE 4 'd _i t. ..._ OY LaJ :. , 11 . .. n0 �_. `., S.Li.! .1... 'iec ion 1, Defy {tioi'.,^.> -7cr purpooqs ._. tAs a:Z"ft13"!c?nce the following ,ar iii tBona wall -- p oly i;,Mo7t- ,..a..-.;•.,t_ �,-, 1.tS�;G7.i (a) `.�ai'!F `err 'tsign" i'Cl:'•iJ.nc ;.s.aiy °_'.'ttery i10.1'., G= S,17 L'U]-.5 picture, statuary, reading 7n<3"=,ter+ or rzyrosentation the no a e vk , >_ lvLisa- ment, announcement, }t, or direction, k? Zi :'ay posted, p "inted, affixed or Cif- s ;e'' i ``. S "�` tl U d: s i s {�.l r .� ai at7(;%1:].c�._�. purposes. C . �uY'!�C"' �':i , k:r'"_ i!. _ i.S r--_.,.'G C., i.l,_a:.. ".! +C3t' c: J'L'r v_..7_�L.,� JS .%i _ >„ (b) he .... n "billboard" " :. rte:..._,. any A,g.(r exceeding 50 square feet in ar-ec?, o,.r.: t -;d ( oast t.+ e a . or vAntaKed .l _ - tin purpose of :L? ;:,?our advert-',sin,.L , ruch sign is. supyorted an placed _aiVn Ze `_c;;tzacd, roc f-a vr wall of. ar:Y .y..J. 1, P rtr{ e •i r ..r'1 thereon n 1. vialte 'r• .c r nd i� j e`er 'fir � b s n eti �� _... �__... the .. � ...,_. u_az, �`:acr.,.,r.. �i.r:.,,:, n�.. relate .,� _or�:,.�... t the .:� ?r ( King „ra g, „ upon the Promisesf, (c) The ter%:'.. "projecting S.7:r?:n" means any sign, all. or any part of AM- Wonds nvor i.ub_'.?.: ; ro- ert,',i +":ore t:'t n 7-2 inc'_ies.-, (l.F ) The .,e..m „ign area" ..,;sa.rxs that area of each sign. Trd7:t.t1___7 the marginal lines A the :?L7.:t f ace t^+hich bears the advertisement, or in the case of letters,", f:igunes, or symbols attached directly to any part of a building, that area which is included 1n the smallest which can be made to circumscribe each letter, a�E'Ction . { v:axC:. E_°.nits a. �1 mt" .�1}i. - c,. ul.f�it �1di'1_:i:� 6 sign area. of 6 square feet or mo_ o, or any Ago , _ located ,;-i hin 50 Met of an :� street or i1_ gh?'ray or of any traffic ALn op Agnal, cy' of a.._i.y sire?! or cross -. walks may be displayed, he 7t-7mer or occipant A tho premises can A.1_('.h M.. sign is to be located,,, or tt'ne of such siSn, :;i..il Mo LIqlAcation 1Jii,"';. i;lt3 Village 'an... C er for p r:C7E._ ss .._.._: to display spl y Cr:......_Agn.The '-' .s. . s:.t shall ._ l c _`i ..'. : MAR the a��3i t -i c a complete F >c -i t°. L:i"t o he g and .. J., its .1._ ....L__ .. a ,,P?":�_..� u i.,:�1^_.iJ _.. f {; n _'. , C,t-.+ c ',<3+.iLv yt.•..i S�.ZR4x location, "1 o' (�f !� - 'n such �� +. �T t _ F _I .,shall t) _' eves w�,.�_;24j f � a .._ ?i L_ i1Ci.a..C1f±r'._ ,7' .,L_. a other i:. i_'.t C"I2 _ ;� �, "L:.,3 inform Gii ,F' a 'a r a r a, ,. •lt'. } 1' ,-a kind, � ze '., m r i ti � and c a- (' the sign, i•_l..tf*`�.�. 1.,>,f ..Y" r.:J... ..t�, size, I'?.<.,, Ei i C'tl.-:i>.. �.'.. fi_ location (:)" f:,,C. >:L i?.o e applicant sstiall _.__So S';-":snit at the Quo,,of application the initial c,!?pil_ivr.7.''.'].C''n and the current ".:' :E "'+ {. xiintenance t (' is ;j. j U required by Section ..s (7j' tt1?.. o '•.i,.:a ce. The perTaf, Y i.:S'J.E-'C'"., shall sd)E;GAy the i-rJC£.:.tion CST the sign. Despite. ''.()i:'ita.__ n . by the applicnil Ath all other provisions of this ordinance, the Village, Manager ray d'erl..- if the orac'i: ion of t ne sign for mhich p nii.ii., qhstcd wCLl-.t.° " qnd to cr at., or increase se a traffic or safety condition dangerous The req j. :'e';.4•.-:nt of a permit imposed by this section shall apply not nt'Sly to new signs, but Mw _.i the repainting t>.a�. a sign ra.:lr"ted on the ."f;,(.`.i or walls of 2 C}lai ='ins so as to Mange,, t It t',,'e message or design i,tte:i"`rc'of, 4Q) 1 ,1 ._> '5- --)- C' - SF CS//j, ) 5,ect1on 3- S -tL3-`,alctiQ In I 0,02al Develunnont Vistria.. nidition to all other resti,ictions, the folloidng restrictions shell ably to -0111 7iGns hereafter constructed, posted, printed, painted or affixed in the Cpen Deve .lop-mezit )istrict: va"I No sign, except street and traffic signs, may be displayed id -thin IGO feet of the right-of-omy of Ncrnandale Road, unless such sign was in existence on the effectiva Wte of this ordinance, (b) No sign having a sign area of more than six square feet, pyre: signs having a sign area of not torn Qnn hvwnky-foua--squaro fec,, the sEle of all or a part of t,-.-,e 1---,nd on 01ch tho sign is located, Pay hereafter be constructed, painted, posted, pr0tod ai'fi-.ced ?rthin 500 feet cf a dwelling, unless such dwelling is also ovned by the owner of the land an which the sign is locatedif a dwelling is erected ur acquired within 50C feet of Lny such sign which was not in existence on hAy 24, the perr.,it for such sij;n Sha.11 be ravokedi unless the person erecting or acquiring the dwelling is also the owner uf the land on 7,Y,'iich the Hign is Qcatedy 6�e Section W General nules and horulations for Signs,, A (a) No billboard shall exceed twenty -,five: feet in height above the ground or the roadway level, i,,t.ichever Bi-.ay be higher, kwery billboard (other t1.7n statuary) erected uoon the ground shall have an opening of at least two feaz between Lhe lower edge thereof and He ground, which space shall not be cly5o& in any The cwner, lessee or rDaanager thereof, and the owner of -L;-.e Ianci on ta.hlch the same is located, shill keep all grass, weeds, zn.--id other r,r�-wths cut-, and cleaned up between the billboard and the street, and also for A Aistance of six feet behLi.d at the ends of the structure, (b) No oiEn, other than one supported on the walls of a building,. shall approach at ano point nenrer thao Qvae feet to any building or the side of any lot without the written nonsev-',. c.- of such buildinE or and so affected, nor nearer to any street line. Wan ths cKablished or customary uniform building line nnon the strant whore cich st,Tcture shall bo erected, (c) No sign shall emceed one Ahnisand jare feet in arez, (d) All signs shall be constructod in such a ir.,anner and of su-'-''n nsterial that they shall bo sLfe and substantial, ac---ording t:) plans and specl.— fications to be approved by the Manager; providY, that nothing in this ordinance shall be interpreted as authoriz.-Jaig, the erection or construction of any sign not now permissible under the zcning or building ordinance of the Villag, (e) Q sigi shall-ccntain any indecent or offensive picture wr writtan aatter, (f) The Fanater in granting permits for illumanated signs shall specify the design thereof and the hour.. during 4ii-ch the saynie may be, kept lighted, when necesunry to prevent the of a nuisance, • 0 (g) No sign _,,!ns locat-A in Open DeveloT-znent Distri ct _. . C� shall ut, 4- u a fA.-rin doing busine,,qs on tilt; tract. or of .4and on 11.4.e S-Dg.n is of", a J..)roduct whi(h for on said tr,::,,Oo-7 7Pa-­­„,P_1. (-i Lind,, (h) No sir n s'nall !:;e J-Isplayed on m.,jr public street, A oemdt fcr a sLln-1 t,_) be located `0 feet f)--,- any street or 'LL,.-Anra- A, or of an L.-t-J sizn or or of any- crossroad Or o Ivign wiJ-1, wi.-rn one am):L_ji :/r of arivers &.nd pecles-, -,y sitg­ -C sign or or ztrcet, h 1"-: r an- t.i-aff � Y! s '(j e e a., i, any crossroad or crossvTalk, n.-.rld ;D.i� offer a4m, confusion Ti:, Lily (2) the sir-,-.. 7:11.1 nc' , -. , j ` st-ree,t cr hi.ghway sima, o- any- sign or gn P.. I s �, 4 g. Section Rcmovaj o�� Violctill' Ord,nanee, (a ') Any sLgn t,.rhich '1) _L I 's erected or di3played -AThout a permit having been 07, after p,limi.-J-1; therofor has- beei,,. -oevcked, -*,-f a penidt is rcquired f,-),r, 6.ne sign b- y ',_)ect.ion 2 cf' this ordin.-ancs,, or (2) violate,-, ot�­er cf this Drdinance,. or a -at c..' or be, rmvloved :.ie:-ured, a.s the case T!_,ty be, by, tlie cnmer of the u­on lhe s-m is- located s:;tm or by tfle vvinor of -12'r..-,-, -1 sr s :, J vrithim -,_-t.fter mallimg of notice so to, do by the Clark- to tiie- owner of the signa 4 J' and to the o,,­ (::,;r of such r.1reV1__1_sCs,. Stat :1. rl- t'l-.i e reason t,.�i Y r r enai rz cz- sern.ir-i.: '72*13 r ,.�!' �equired- pruvidej, tLiat when a is Ln e� p, ­�-;fl ,Ant. to of Section 3(b),. the time wJ.th-_1,n r.3.11 be one year,. _n must be removed sl' i� 'b) T- a sign J o n<;t oeiz.,,ovedd. reT)al.rod or secal-ed withivi 20- day or one­­Y(L.-,'-- �,,ip.y caLioa, Ili, be re,-in-ved and the Vil­ la-e collect Cost 1"O.Mi tic: _K fro-11 the of the sign or oi%mer Of the ),remmses on i,.,hich it b,, �al­. in any courl-, of co-i'llpeten"., jur7..sdic'.1r)m, ((7) The collectic.n of sucic) cost. of shall not. pr 3_mpos_`1A,ic)n of any ok`.her f­r of tiiis ordinance., tion 6., Fees. `.cr aa.r siv'a for vinich a -is ruqui,,-ed by �i .- s-4-L-m..� displayed or ,�ausad to b,_� d_*splzky-ed Se3tioi. 2 or tni_- m­U--L-nanciD, 1-iij any pl.11-)"Lic ccrporation, church, 2.ihvP_rT/, museuil1., schGal, or hospit,-_tl, an'.: direction:.,,il or inform,---ttional ­J_�fnE of ct pabl-ic -,aature the pay -meat Of in inktiaJ. -d `--y- t),O­ ourr..,,se of defy.,:--Jv�nq fel.�! of 4`2.CO shall _q r� I ) f -1 e 'IT),-' exazrinang tj ;,n f cx permit _%:.id -H accompanying descriptirm, an` j. .thex Where also he requi)---d, for each sign a13 to an a,)p!.-!cAion fci,! J.s the- Oayment, of an. annual Yn;.iini;.enancp f f-De _),"O02,U1A:,7r -1 C.C;tlle f0l.lUpiklg 3chedule. PPPW— Othur on 5Y Ided.l. that ina.Intenance fee �"vll not be for ssi,-,�� -re paited on n anj build! Phe maWaa ance fee shall e l b ,ble at the time of appM.Man for permit. and on or before April I of each year vnrWr, beginnf. -,s Mic Lynction. Wt has been iss, anninoWon of m iwN sign .Ivry ninn s--'a7're fec""' ')'r 3 !I, sign, tho, jrl5pen.- zho,j inspect 0s =Zniction of such sign �s owing rat n0o"Knd substann! 117 in accordance with thr, LIA MW ac nl�r.�Ing the apolicition., 1- Nsued for the ormtlun of any projecting OR% aw7c h>rnZv7 E pablic liability insurance policy or a coryarale; ,-., irj y c---Ped b the negligence of the licensee and 024ractnr 6Ach stgu, Won jclicy or bond shall be in he amount u, Ax Ko injury n: niie parown and 450.00 for the injury of Lao or ocro y .". . Qo xzne ramiKint nid for 15.050 property Wage, and shall �c njy"v� to inc a�p7,val no L�e Village kanaLer as YD Or form W sureLy. Sue.. "man 11 enonnsenent of tho insurer or of c-.ay3at ans 031 nut be cancelled oe- T 'i A s Host Elving the Vilkqe zrr,er at least 15 del Q Mica of nancolklion c-- t1lereol", Wtmn Q. wol�ances Uos. 61 and 61A of the Village are hereby re- -1— 1 -Aod" ', . "" TrIhis On Mance shall be in effect from and after lt-,l avrnZo End pubMo�Kor accorOnj to W., of QcMar, TW fe . M ORDINANCE NO. 61A-1 ANOORDINANCE RELATING TO OUTDOOR SIGNS, AMENDING ORDINANCE NO. 61A THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 61A of the Village of Edina is hereby amended by adding thereto the following section: 1 "Section 3a. Special Restrictions in Reaiona %onging District. In addition to all other restrictions, the following restrictions shall apply to signs hereafter constructed, posted, printed, pained or affixed in the Regional Shopping Districts "(a) Not more than one sign shall be permitted nearer to any street line than the established or customary uniform building line upon the street where a structure shall be erected. Such a permitted sign shall not exceed 48 square feet in area and shall be used only for the purpose of stating the name or ad- dress or both of the business or occupant of the lot upon which the sign is placed. It shall not advertise either a product offered for sale or a service provided on the premises. "(b) No illuminated sign which changes either in color or in intensity of light shall be permitted." Section 2. Paragraph (b) of Section 4 of said Ordinance No. 61A is hereby amended to read as follows: '(b) No sign, other than one supported on the walls of a build- ing, shall approach to any point nearer than three feet to any building or the side of any lot without the written consent of the owner of such building or land so affected." Section a. This ordinance shall be in effect from and after its passage and publication according to law. Adopted this 28th day of March, 1960. (Signed)_ W. N. Dickson Mayor Pro Tem (Signed)_ Gretchen S. Alden Village Clerk Published in Edina-Morningside Courier March 31 and April 79 196u. VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 67-1 AN ORDINANCE REVISING FEES FOR PLUMBING PERMITS INCLUDING CERTAIN GAS FITTINGS, AMENDING ORDINANCE NO. 67 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: 1. Paragraphs (a) and (b), and (c) of Section 2 of Ordinance No. 67 of the Village, entitled "An Ordinance Regulating Plumbing Work and Requiring Permits for, and in— spection and Testing of, Such Work", are hereby amended to read as follows: "(a) Permit and Fees for Installation and Alteration of Fixtures. Every plumber, before connecting or altering any fixture or constructing or altering any plumbing work, shall make application at the office of the Village Clerk for a permit for that purpose, and shall pay to said Clerk at the time of such application a permit fee calculated according to the number of fixtures pro— vided for in the permit, whether subsequently so installed or not, and according to the schedule of fees hereinafter set forth; ,rovided, the minimum fee for any such permit shall be $5.00. The word "fixture" includes each of the following items: toilet, bath, wash basin, sink, laundry tub, slop sink, drinking fountain, urinal, built—in shower, floor drain, water heater (gas or electric), or any other plumbing device arranged to be connected with the sewer or plumbing system. "Fees are hereby established as follows: For fixture opening for proposed fixture to be installed or set later, $ .95 For fixture to be set on openings previously left for the same, .80 For any other fixture, 1.20 For gas piping providing for not to exceed 5 gas fixtures or gas devices 1.25 For gas piping providing for more than 5 gas fixtures or gas devices, .25 for each fixture provided for "The fee for each permit for the alteration of existing plumbing, or for any plumbing not included above, shall be $2.00 for the first $100.00 or fraction thereof of the estimated cost of such proposed work, and $1.00 for each additional $100.00 or fraction thereof of such cost. "(b) Permit for Connection to Sewer System or. Cesspool. Every plumber, before connecting any plumbing work with a cesspool or the sewer system, shall make application at the office of the Village Clerk for that purpose, and shall pay to said Clerk at the time of such application a connection permit fee of $5.00 and a street resurfacing fee of $10.00 for each hole to be dug in a gravelled street, or $20.00 for each hole to be dug in an improved street. 0 • "(c) Permit for Connection to Water Works System. Every plumber, before making any connection to the Village waterowrks system, shall make application at the office of the Village Clerk for permit for that purpose, and shall pay to the Clerk, at the time of such application, a connection permit fee of $5.00 and, in certain cases, additional fees as follows: "(1) For tapping main and installing 3/4" corporation cock, a tapping fee of $11.00; for tapping main and installing 1" corporation cock, a tapping fee of $14.00. "(2) For furnishing meter, a meter fee equal in amount to the cost of the meter furnished, plus 10%. "(3) For each hole to be Aug in a gravelled street, a street —re— surfacing fee of $10.00; for each hole to be dug in an improved street, a street resurfacing fee of $20.00." 2. This ordinance shall take effect immediately upon its passage and publication. Passed first reading August 13, 1956. Passed second reading August 27, 1956. Published September 6 and 13. 1956. Adopted August 27, 1956. ATTEST: (Signed) Gretchen S. Alden Village Clerk • (Signed) Reuben F. Erickson Mayor *I 01 ORDINANCE NO. 67-2 AM ORDINANCE AMENDING ORDINANCE NO. 67. AS AMENDED, AS TO PERMIT AND FEE FOR ?7AIER OR SEWER CONNECTIONS INVOLVING STREET PXSURFr CING THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, uRDAINS: Section 1. Paragraphs (b) and (c) of Section 2 of Ordinance No. 67 of the Village, entitled "An Ordinance Regulating Plumbing Work and Requiring Permits for, and Inspecticn and Testing of, Such Work," as amended, are hereby further as.:c.dcd to read a follows: "(b) Permit for Connection to Sewer System or Cesspool. Every plumber, before connecting any plumbing work with a cesspool or the sewer system, shall apply to the Village Clerk for a connection permit and pay to said Cleric a connection peimiit fee of $5.00, in addition to any permit and fee Which i„ay be acquircd by Ordinance No. 57. "(c) _Permit for Connection to Waterworks System. Every plumher, before making any connection to the Vi11 age terworks system, shall apply to the Village Clerk for a connection permit and pay to said Clerk a connection permit fee of �5.00, and in certain cases auditi©ral fees as foilows: (1) for tapping main and installing 3/4" corporation cock, a tapping fee of $11�00; for tapping main and installing 1" corporation cock, a tapping fee of $14,00; (2) for furnihhing meter, a meter fee equal in amount to the cost of the meter furnished, plus 10% of such cost; and (3) the fee for the permit, if any, required by Ordinance No. 57." Sec. 2. This ordinance shall be in full force and effect immediately upon its adoption and publication. Adopted this day of , 1962. ATTEST: (Signed) (Signad) Mayor - Vi11a a Clerk Published in Edina-Morningside Courier ORDINANCE NO. 69 AN ORDINANCE REGULATING THE INSTALLATION OF WATER SOFTENING AND FILTERING EQUIPMENT AND ESTABLISHING FEES THEREFOR. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section y--Who May Install Water Softening and Filtering Equipment. Notwithstanding t-he provisions o�F_d_na ego; ion ,-any person who is engaged in the business of installing water softeners, though not licensed by the State Board of Health as a master plumber or journeyman pluraber or licensed by the Village as a plumber, may connect water softening and water filtering equipment to a private residence water distribution system, provided provision has previously been made therefor and openings left for that purpose, or provided such connection may be made by use of cold water connections to a domestic water heater where it is not necessary to rearrange, make any extensions or alterations of, or addition to, any pipe, fixture or plumbing connected with the water system except to connect the water softener. If no openings are provided for, then the connection must be accomplished by a plumber holding a valid Village license, or under his supervision. Sec. 2. T_YP-e_of Comer Tubing Required;- Any such connection, if made with copper tubng, shall use only type "L" copper conforming to A.S.T.M. "Stand- ard Specification for Copper Water Tubes, serial designation B 88-55. Three copies of said code of specifications marked "Official Copy" have been filed for use and examination by the public in the office of the Village Clerk, and are incorporated into this ordinance by reference, to the extent reference thereto is made above. Sec. 3. Permit; Fee. Before any person may make any such connection he shall first obtain a permit from the Village Building Inspector, and pay a fee therefor of $3.50. Sec. 4. Inspection. Every such connection shall be subject to inspec- tion by the Building Inspector or his agent. Sec. 5. Not Applicable to Certain Units. This ordinance does not apply to the connection and removal of water softening units known as "exhhange units," which are designed to be exchanged at regular intervals. Sec. 6. This ordinance shall be in effect from and after its passage and publication according to law. Adopted this _ day of , 1962. ATTEST: (Signed) (Signed) R._. Mayor Village Clerk • • 0 No. 81 AN ORDINANCE RELATING TO AIR RAID PRECAUTIONS Section 1. Definitions. As used in this or- dinance and in regulations adopted there- under, the following phrases shall have the meanings given to them below: (a) "Air raid warning signal": a signal to indicate the beginning of a blackout or air raid alarm prescribed by the Adjutant General of Minnesota or other appropriate military authority, or in the absence of such prescription, by the mayor. (b) "All -clear signal": a signal to indi- cate the end of a blackout or air raid alarm prescribed by the Adjutant General of Minnesota or other appropriate military au- thority, or, in the absence of such prescrip- tion, by the mayor. (c) "Alarm period": the interval of time between an air raid signal and the follow- ing all -clear signal. (d) 'Blackout structure": any area so enclosed that any illumination maintained or existing therein is not visible from any point outside such enclosure. Section 2. Sounding Signals. The mayor shall cause the sounding of on air raid alarm signal and of an all -clear signal whenever the Village or the district in which the Village is located is directed to do so by the Adjutant General or other appro- priate military authority, or in the case of practice alarm periods, whenever he deems it advisable and is permitted to do so by such authority. Section 3. Illumination During Alarm Pe- riods Prohibited. Except as otherwise pro- vided in this section, no person in an alarm period shall maintain any illumination or permit any illumination under his control to be maintained at any place within the Village during the hours of darkness. The foregoing provision shall not apply to the following types of illumination: (1) Illumination within a blackout struc- ture. (2) Illumination maintained by the armed forces of the United States or the state in the course of duty. (3) Illumination authorized by the mayor through regulations adopted under Sec- tion 5 hereof. (4) Illumination maintained pursuant to permission granted in individual cases by the chief of police. The chief of police may grant such permission only when he finds it necessary for the preservation of the pub- lic safety or the maintenance of order or when he has been specifically authorized to grant such permission by an officer of the United States or the state acting within the scope of his authority. If an alarm period is confined to a part of the Village, the restrictions of this section shall apply only to that part of the Village. Section 4. Traffic During Alarm Period. Except as hereinafter provided, no vehicle shall be moved on the streets of the Village during an alarm period unless directed to be moved by a regular or auxiliary police officer or fireman displaying his official identification. When a blackout signal is sounded, the operator of every vehicle in motion on the streets shall immediately bring the vehicle to a halt at the side of the street off the travelled portion of the roadway; but every such vehicle shall be halted clear of inter- sections, fire station entrances, fire hydrants, hospital entrances and other emergency areas. This section shall not apply to the emergency operation of vehicles of the armed forces of the United States or of the state, emergency vehicles as defined in the Minnesota highway traffic regulation act, or vehicles whose emergency movement is authorized by the chief of police or other appropriate authority and which display identification showing the character of their use and the authority under which they are operated. If an alarm period is confined to a part of the Village, the restrictions of this section shall apply only to that part of the Village. Section 5. Emergency Regulations. When- ever necessary to provide adequately for the public health, order and safety, the mayor may by proclamation promulgate regulations respecting illumination and ve- hicular traffic during alarm periods and other air raid precaution measures to sup- plement the provisions of this ordinance. In framing regulations the mayor shall con- sider suggestions and proposals made by the federal and state agencies concerned. Every proclamation of emergency regula- tions shall be in writing, shall be dated and shall be filed in the office of the village clerk, where a copy shall be kept posted and available for public inspection during business hours. A copy of every such procla- mation shall also be conspicuously posted at the front of the village hall and at such other places as the mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the procla- motion. Regulations affecting any practice alarm period shall be promulgated at least one week before the day on which the prac- tice is held. The mayor may modify or rescind any such regulation by proclama- tion. The village council may rescind any such regulation or resolution at any time. If not sooner rescinded, every such regula- tion shall expire at the end of thirty days after its date, except so far as its provi- sions may be embraced in an ordinance adopted by the village council. Section 6. Simulating Signals. No unau- thorized person shall operate a siren, whis- tle or other audible device so as to simulate an air raid warning signal or an all -clear signal. Section 7. Interference with Light Switches. No unauthorized person shall interfere with the operation of electric lighting units by engaging or disengaging electric blackout switches constructed in connection with air raid precautions except where such action is necessary for civilian protection in an emergency or when it is ordered by law en- forcement authorities. Section 8. Telephone Use During Alarm Periods Restricted. No person, other than authorized military or civil personnel en- gaged in military or civil protection, shall make any telephone call during alarm pe- riods except in cases of extreme emergency. Section 9. Disobedience of Orders. No person shall disobey any direction or order given during an alarm period by a regular or auxiliary policeman or fireman displaying his official identification. Section 10. Prohibited Illumination a Pub- lic Nuisance. Any illumination contrary to the provisions of this ordinance or any ordi- nance pertaining to war emergencies or of any regulation adopted thereunder or of any federal or state law, regulation, or or- der shall be deemed a public nuisance. Any regular or auxiliary policeman may abate such nuisance summarily or may take any other action necessary to enforce provisions, including entry on private property and the use of whatever force is necessary. Section 11. Suspension of Inconsistent Pro- visions. Except for war emergency ordi- nances and regulations adopted pursuant thereto, the provisions of every ordinance and regulation of this Village requiring any illumination to be maintained which conflict with this ordinance shall be deemed sus- pended during any alarm period. Section 12. Conformity with Federal and State Authority. The provisions of this ordi- nance and of all regulations promulgated hereunder shall be subject to all applicable and controlling provisions of federal and state laws and of regulations and orders issued thereunder from time to time, and shall be suspended and inoperative so for as there is any conflict therewith. —21— 0R DINfd,10E NO.' 82 AN ORDIPL'INICE 1' OVIDING FM Cl-VIL DEFENSE AND FOR PHOTFC .,10I fins) :'FO O` ION OF UIMIC SAF�•Y, HEALTH AND Z, , Fls?F, IT. TIE VILLAGE OF ';DIl1 A DU�_'ING CIVIL DEF 1NSF, E'7,.,RGE1 CIES. TFiJ VILLAGE COUNCIL OF )7 A it ;i r,� IN: "O� 0- D; Section 1. Policy and Purpose. Subdivision 1, Because of the existing and incre.-asin . poss:i.bi".ity of the occurrence of disasters c`' n rec_-de_zted size and destructiveness resulting from enemy, attach, sabotage or other hostile action, and in order to insure that preparations of this "pillage till be adequate to deal with such disasters and generally to protect the public peace, health, and :safety, and to preserve the lives and property of the people of this Village, it is hereby found and declared to be necessary: (a) To establish a local Civil. Defense agency; (b) To provide for the exercise of necessary powers during 'Civil Defense emergencies; (c) To provide for -she rendering: of nutual aid betireen this Village and other political subdivisions of this state and of other states with respect to the carrying out of Civil Dfense functions. Subdivision 2. It is further declared to be the purpose of this ordinance ^xa the; policy of the Village that all Civil Dfense functions of this Village be coordinated to the ,maximu.i extent practicable W--th the c, rmparable functions of the federal governv:ient, of t'r?-_;> state, and of, other states and localities, and of n.~ivate agency s of very t0rze, to '11-h ; end that the r.�.ost effective pre- parations and use may be ''''I.po-Ter resources and facilities for dealing with d -` - 1 ,'._�:r c-o r. Vc any isc: Li' I Section 2. Definitions. Subdivision 1, "Civil Defense" the -__° pa,ration for and the carrying out of all emergency functions, r� her than functions for v'hich niilitary forces are primarily responsible, to prevent, min_It,mize end repair injury and damage resulting from disasters caused by en.emir attack, sabotage or other hostile action. These functions include, without limitation, fire -fighting services, police services, medical and health services, rescue, engineering, air-raid warning services, corgi unications, rad.iolo.ica.l, cheriical and other special weapons defense, evacuation of p4rsons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned `'unctions of plant protection, temporary restoration of public utility services, and other functions relating; to civilian protection,.together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions;. ,subdivision 2. "Civil Defense emergency" i;leans an emergency* declared by the governor under the i:innesota Civil Defense: Pet of 1951, Laws 1951, Ch. 694, Sec. 301. Subdivision 3. "Civ_;.1 Defense forces" means any persoruzel employed by the Village and any other volunteer or paid fireri-Doer of the local Civil Defense agency engaged in carrying on Civil Defense functions in accordance with the per. ov3_sions of this or'jina_n l-e or aiv rule or order thereunder. Section 3. Establishment of Civil D:�,fenlcc Ige_acy„ Subdivision 1. There is hereby, crez_te� wit -bin the Village government a Civil Defense agency, which shall be under the supervision and control of a -1- a .D A:JCE Na,. 82 - Page 2 director of Civil Defense hereinafter called the director. The director shall be appointed by the mayor for an indefinite term and may be removed by him at any time. He shall serve without salary, but shall be paid his necessary expenses. The director shall have direct re;>ponsibility for the organization, administration and operation of the Civil Defense ag��lc�, subject to the direc- tion and control of the moc or. The Civil refonse a ci:c; shall be organized into such divisions said bureaus, consistent with state and local Civil Defense plans, as the director devnz rece sary to pl:.)lride for the efficient performance of local Civil Defense functions r1uring a Civil D­'�fense emergency, Su'odiv-1sion 2. There is hereby created t,,it1Ar, the Civil Defense agency a Civil Defense advisory comr..ittee, hereinafter called the "committee". ,embers of t-.:ie corunittee shall be appointed by the mayor to represent Village depart- mentu and other groups concerned wit! Civil Defense. The mayor shall be chair- men and the director shall be: sec^etary of the co;nmittee. The committee shall advise the director and t;a council on all matters pertaining to Civil Defense. Each member shall serve without compensation and shall hold office at the pleasure of the mayor. Section 4. Powers and Duties of the Director. Subdivision 1. The director, with the consent of the mayor, shall represent the Village on any regional or state organization for Civil Defense. He shall develop proposed mutual aid agreements with other political subdivisions with- in or outside the state for reciprocal Civil Defense aid and assistance in a Civil Defense emergenc-too great to be dealt with unassisted and he shall present such agreements to the council for its action. Such arrangements shall be consistent with the state Civil Defense plan and during a Civil Defense emergency, it shall be the duty of the Civil Defense agency and Civil Defense forces to render assistance in accordance with the; provisions of such mutual aid arrangements. Subdivision 2. The director shall rya?te such, studies and surveys of the man- power, industries, resources and facilities of the Village as he deems necessary to determine their adequacy fo-r Civil Defc ase anul to plan for their most efficient use in time of a Civil Defense emergency. Subdivision 3. The director shall propare a comprehensive general plan for the Citdl Defense of the Village and shall present such plan to the council for its approval. tilhen the council has approved the plan_ by revolution, it shall be the duty of all municipal agencies and all Civil Defense forces of the Village to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the Civil Defense activities of the Village to the end that they shall be con- sistent and fully integrated with the Civil Defense plan of the federal govern- ment and the state and correlated with the Civil Defense plans of other political subdivisions within the state* Subdivision 4, In accordance with the state and Village Civil Defense plan, the director shall institute such training programs and public information pro- 7rams and shall take all other preparatory steps, including the partial or full mobilization of Civil Defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the Village Civil Defense plan in time of a Civil Defense emergency. He may, from time to time, conduct such practice air raid alerts or other Civil Defense exercises as he may deem necessary. Subdivision 5. The director shall utilize the personnel, services, equipment, supplies and facilities of existing do e-rtmertts and agencies of the Village to the maximum extent practicable. The o:7ficers and personnel of all such depart- ments and agencies shall to the maximuTa extsrit practicalle, cooperate with and -2- extend such services and facilities to th! to :":.i_ Civil Defense agency and to the governor upon request. she head of each deprt t":s.:', �,,nd ag.encyr in cooperation with and under the direction of t'.e direct.�r, s «.._4,n responsible for the planning and propramrding of such Cc:.,ivities as will in:-olve the utilization oa the facilities of his depar'c.:s'nt or agency. Subdivision G. The shall, in cooperat�-on existing Village departments and agencies affeptved, orran:ize, recruit and train air-r^i.d wardens, auxiliary- police, auxiliary firemen, e_nergenc;- medical personnel, and any bthe,_ personnel that may be required can a volunteer basis to carry out the Civil Defense plans of the Village and the :Mate. To the extent than such emergency personnel - is recru-1ted to aupl-,,e t 0, '_:lar Village department or agency for Civil Defense emergencies, it shall. rc assiLrned to such department or. agency for purpose of administration and conrnand, The director may dismiss any Civil Defense volunteer at any time and require: him, to surrender any equipment and identification furnished by the Village. Subdivision 7. Consistent with the Civil Defense plan, the director shall provide and equip emergency hospitals, casualty stations, ambulances, canteer,.s, evacualtion centers, and other facilities, or conveyances for the care of injured or homeless persons, Subdivision 8. Th.;.� director shall carry out all orders, rules and repulati.ons issued by the Fovernor with reference to Civil Defense. Subdivision 9. The director shall direct and coordinate the general oper,.tion y of all local Civil Defens,? forces during a Civil Defense emergency in conformity with controlling regulations Laid instructions of s�ate Civil Defense authorities. The he heads of departments and c Fenci.es shall be F;overr_ed by his orders in respect thereto. Subdivision 10. Consistc:n'r, '.'v:2 i :.i' Ci':r'..' &r"�;':e; director shall provide and equip at some suitable place in the Vi1laF;e �a co?: �� center and, if required by the state Civil Defense plan, an iuxilia.Iy control_ center to be used during a Civil Defense emergency as he«dquarters for direct _on and coordination of Civil Defense forces. He shall arrar_Re for representat-lon at: the control center bP munici i•.,.1 departments and aFcnc ^s; T):ib is utilities and other agencies authorized by federal or state authority to curry on Civil Defense activities during a Civil Defense emergency,, He shall arrange for the installation at the control_ center of necessary facilities for coriauni_ca lion with and between heads of Civil Defense divisions, the stations and operating units of aruniciril servicesa,nd other agencies concerned �i'_th Civil Defense and for commiunication with surround- ing communities and control centers within the surrounding area and Frith the federal and state agencies concerned. Subdivision 11. During the first 30 days of a Civil Defense emergency, if the l.e-islature is in session or the governor has coupled his declaration of the cmA.r,ency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or any other pol ; `..ic�.?1 subdivision, to Perfozm services for Civil Defense purposes as he directs, and he may ,rommar:c:eer, .nor the tame being, any motor vehicle,. tools, appliances or any other property, subject to the owners right to just compen- sation as p.rr,,�-_I ded by lawn Section 5. General Provizions on Civil Defense 117orkers. Subdiv ision 1.'No person S:?c..'.:'..7. be 87.17l,7y?d or 2SSoCi.B$ed in 3n-* a^sl�r;C:i-tV- in, the Civil Defense agency who advocates O_ r h change "y ac - i. roca'�. d b r C,- ce or violence in the constitutional farm_ of government of the United States or in this state or the overthrow of any oFovernment in the United Staters by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is 3,. page PP11 appointed to serve in the Civil Defense agency shall, before entering upon his duties, take an oath in writing as prescribed by the Minnesota Civil Defense Act of 1951s Section 1`03. Subdivision 2, Civil. Defense volunteers shall be called into service only in case of a Civil Defense emergency for which the regular municipal forces are inadgquate or for necessary training and preparation for such emergencies. All volunteers shall serve wi',hout compensation. Subdivision 3. Each Civil Defense volunteer shall be provided with such suitable Ii insignia or other ,te o r identification as may be reclt!ired by the director. Such identification shall be in a form and style approved by the federal govern- ment. No volunteer shall exar ci se any author:, 4. over th:� persons or property of others without his identification. No person except an authorized volunteer shall use the identification o7 a volunteer or ctherwise represent himself to be an authorized volunteer. Subdivision 4, No Civil Defense volunteer shall carry ally firearm while on duty except on written order of the chief of the police depyxtment. Subdivision 5. Personnel. procedures of the Village applicable to -regular employees shall not apply to volunteer Civil Defense workers but shall apply to paid employees of the Civil Defense agency. Section 6. Emergency lRegulm.tions. Subdivision 1. Whenever necessary to meet a Civil Defense emergency or to pre- pare for such an emergency for which adequate regulations have r-ot been adopted by the governor or the council, the mayor may be proclamation promulgate regula- tions, consistent with applicable federal or state law or regulation, respecting: protection against air -raids; the sounding of air-raid alarms; the conduct of persons and t1•ie use pf property during alarms; the repair, maintenivice, and safe -warding of essential public services; emergency health, fire and safety regulations; trial drills or practice periods required to protect public safety, health, and welfare in .ter t ate, • :si-„�-,.e Civil Defense emergencies. No regulation governing observation of enemy aircraft, air attack, alarms, or illumination during air attacks shall be adopted or take effect unless approved by the state director of Civil Defense. Subdivision 2. Every proclamation of emerge--cy regulations shall be in writing and signed by the mayor, shall be dated, shall -refer to the pe,rti cular Civil Defense emergency to which it pertains, if so limited, and shall be fii_ed in the office of the Village Clerk, where a copy, shall be kept postued and available f or public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the clerk's office shall be c­%nspicuously posted at the front of the Village Hall or other headquarters of the Village and at such other places in the affected area as the mayor shall des -'Spate in the proclamation. $y like proclamation the .mayor may modify or rescind any such regulations Subdivision 3. The council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the Civil Defense emergency to which it relates, whichever occurs first. Any ordinance, :L•ule or regulation inconsistent with an emergency regulation promulgated by the mayor shall be suspended during the period of time and to the extent that such conflict exists. Section 7. Civil Defense Agency Procedure, Subdivision 1. There is hereby established in the Village treasury a special fund to be kulown as the Civil Defense fund. Into this fund shall be placed the proceeds of taxes.levied for Civil Defense, money transferred from other funds, O?DIN T•JCF "NO. 82 — Pacc 5. gifts and other revenues of the Civil Defense agency. From it shall be made e:cpenditures for the operation and maintenance of the Civil Defense agency and other expenditures for Civil Defense. Regular accouarting, disbursement, purchasing, budgeting end other financial �;^c.cdt:rea of the city shall apply to the C ,v71 Defense fu_id in-sofa'r as practic .' le; but budgeting requirements and other financial prc;c:edur•es shc.11 not apply i;o e LNnditures inany case when their application will ?:rover comrl=,ncE: and conditions of a federal or state grant of nrr� a-� ; or prof.crt; for (:i-i1 Defense purposes. Subdiv:+ lion 2. The director shall, as soon as possi.bls after- the end of each fiscal year, prepare and present o-t the council for the information of the council and the pubL-c, a comprehensive report of the activities of the Civil_ Defense agency dur: ng the year. Section 3. Conformity any' Cooper•at.ion with Federal and State Authority. Every officer and agency of the Village shall cooperate with federal and state authorities and with authorised agencies engaged in Civil Defense and emergency measures, to the fulleGt possible extent consistent with -the performance of their other duties. The i-rovisions of this ordinance and of all regulations i ade thereund—er sllall be ,:object to all applicable and controlling provisions of federal and state lams ant, of regulations and orders issued thereunder and shall be deemed to be suspended ;,xd inoperative so far as there is any conflict there— t-a�th. The mayor may s p of rt any qvz lified person holding a position in any agency created under federal or state authority for Civil Defense purposes as a special po'--ceman of the Villrage.. with such police powers and duties within the Village incident to th,� functions of his position, not exceeding those of a reg;al-ar policeman of the Village, as may be prescribed in the appointment. "very such special politer it n shall be subject to the supergri sion and control of the chief of police. Adopted by the council -C_.is ^n th day of :%.pr-;_z ATTEST; (S _r�1et?) 1_ �Ut :J F. ERICKSOI. (Signed) EVIID C . BANK Mayor Village Clerk Published in Edina--Morning;sid.e Courier April 30 and May 7, 1953. is • No. 91 AN ORDINANCE PROHIBITING PERSONS UNDER SIXTEEN YEARS OF AGE FROM BEING ON THE STREETS, ALLEYS OR PUBLIC PLACES IN THE VILLAGE OF EDINA AT NIGHT, AFTER THE HOUR OF NINE -THIRTY O'CLOCK P.M. Section 1. Restriction After Curfew Hours. No person under 16 years of age shall be or remain in or upon any of the streets, alleys or public places in the Village at night after the hour of nine -thirty p.m., unless such person is accompanied by a parent, guardian or other person having the legal custody of such minor person, or is in the performance of an errand or duty directed by such parent, guardian or other person having the legal custody of such minor person, or whose employment makes it necessary to be upon the streets, alleys or public places during the night time after said specified hours. Section 2. Duty of Parent or Guardian. No parent, guardian or other person having the legal care and custody of any person under sixteen years of age shall permit any such child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys or public places in said Village within the time prohibited in Section 1 unless there exists a reasonable necessity therefor. Any person violating the provisions of this section shall, on conviction, be fined any sum not exceed- ing ten dollars ($10.00), and stand com- mitted until such fine and costs are paid. Section 3. Duty of Police Officers. Each member of the police force while on duty is hereby authorized and instructed to ar- rest, without warrant, any person violating the provisions of Section 1 of this ordinance. The person or persons so arrested shall, for a first violation of this ordinance, be taken or sent by the officer to their homes, and their parents or guardians notified of such violation of this ordinance; upon a subse- quent violation of the provisions of this or- dinance, the person or persons so arrested shall be taken or sent home by the officer and the parents or guardians served with subpoenas to appear in court with the per- son or persons so arrested, and show cause why the ordinance has been a second time violated. If no sufficient excuse therefor is offered, the parents or guardians shall be fined according to the provisions of Sec- tion 2. Any police officer arresting such child or minor person, if the said child or minor person either has no home or guardian, or refuses to give the name and address of such home or guardian to the officer, shall place such child or minor person in the care of the proper authorities. All due diligence shall be used by the officer so arresting such child or minor person to find parents or guardians responsible for such child or minor person. Pending necessary investiga- tions, such minor charges shall not be de- tained in custody by the police more than twenty-four hours. —23— ORDI MUIC E, NO. 101-1 pr 0 DIN ,10E A'ENDING ORi)INA1CF TTO. 101 OF TxE V'ILLtiGE OF EDIDT.i, F GU1, .TTNG THE STORAGE JUM HI?IvDLI:uG 0 �' D� TG IROUS 1I,,,liIDS PIM FIJET OILS. THE VIIL.�.t;E caUtacl.L or THE V1z,LxcE OF EDIrIA, MlNr..sarA, ORDAINS: Section 1. Section 2 of artSriance No. 101 of the Village, entitled, "An Ordb,iance Regulati:ig the Storage and Hair-dling.. of Dangerous Liquids and Friel Oils," is hereby amended to read as follows: ':4E2'.'.T:icn 2. ]_;'.1 iatigP' _. on Storag`�. ?t shall be unlawful for any person to have more than one gallon of "lass I li quids in any dwelling, sip: gallons in any other building and. ten - allonc outside any buildings; or more than twenty -fire iMons of C? asus !IT liquids inside any building or fifty gallons outside Piny building, cxcapt that larger amounts of dangerous liquids than those stated in this section may be kept in the Village subject to the follo7vd-nZ restri_cti_ons: (a) In the unplatted portions of tiic }Villa, -e, if kept in tanks as specified in Sections 6 or 7 hereof; or )(b) In the platted portions of the V.Ulage, in retail storage only, if kept in tanks as q)ecified in Section•) 7 hereof; or e (c) In all portions of the Village, 'If kcDt for• domestic use as .fuel for heating, cooki.nF, and similar Uses and if kept in standard cornnercial tanks caesiEned for storage of the liquid contained therein." Section 2. Sections 3 and 5 of said Ordinance Ido. 101 are hereby repealed. Section 3. Oectio:? 1'_ of said Ordinance t-o. 101_ is hereby amended to read as follows: "Section 11. lnspec�_ion. The chief or the fire departure t shall inspect all installations of tanks anti other equipment designed to handle dz�ngerous liquids before the sa-i^ are plc^ad in operation, and no person shall, use any install&tioa, or cover or cause any a,.ch installation to be covered: from view; hafore the same has been inspected." Section 4. This ordinance shall be effective forth4...ith upon its passage and publication. Adopted this 24th day of Ml y, 1954. (Signed) ?R BUDE,N F. F�RICKSON ATTEST: Mayor (Sigrt(,:d) It7ti-D C. BANK Village Clewk Published in Edina•-M'or.ni.ngsiue Courier 'Lay 27 and June 3, 195- . No. 101 AN ORDINANCE REGULATING THE STORAGE AND HANDLING OF DANGEROUS LIQUIDS AND FUEL OILS Section 1. Definitions. The following terms as used in this ordinance shall be consid- ered to have the meaning set opposite them as follows: (a) "Dangerous liquids" include: Class I — ether, carbon bisulphide, gasoline, naph- tha, benzol, collodion, hydrocarbon, and liquefied petroleum gas; Class II —acetone, alcohol, anylacetate, and tuluole; Class III — derosene, amylacohol, and turpentine dis- tillate; (b) A "garage" is a building of any sort, such as barns, stables, or buildings or por- tions of buildings, wherein are housed for rent, demonstration, storage or- sale, for private or public use, one or more self- propelled vehicles or other wheeled ma- chines containing in the tank thereof any dangerous liquid; (c) A "service station" is a place main- tained solely for the purpose of retailing dangerous liquids and dispensing them di- rectly to the tanks of vehicles; (d) "Retail storage" is storage in such places as are equipped for the retailing of dangerous liquids, whether in connection with any other line of merchandise or enter- prise or not. (e) "General storage" is storage in all places where dangerous liquids are stored, and sold only in quantities of 50 gallons or more. Section 2. Permits Required. 1t shall be I nlawful for any person to have more than one gallon of Class I liquids in any dwell- ing, six gallons in any other building and ten gallons outside any building,. or more than five gallons of any Class II liquids in any dwelling, or ten gallons in any other building, or twenty-five gallons outside any building; or more than twenty-five gallons of Class III liquids inside any building or fifty gallons outside any building, without first obtaining a permit from the village clerk. CSection 3. Issuance of Permits. Any person' desiring a permit shall make application- i� therefore to the clerk on a form provided - for that purpose. Said application shall be Ions in any receptacle except one of a bright red color, tagged and labelled in large plain letters with the name of the contents, nor shall any person sell or place any other liquid in such a receptacle. Section 5. General Storage. Wherever dangerous liquids are stored in amounts greater than those specified in Section 2 hereof, such storage shall be outside build- ings, in underground or above ground tanks, except that such storage above ground is hereby prohibited within the fire limits. Section 6. Above Ground Tanks. It shall be unlawful to construct or maintain any above ground tanks except as hereinafter set forth: (a) No tank may be constructed or main- tained closer to the line of adjoining prop- erty or to any other tank than as shown in the following table: Distance to Line Distance Capacity of Adjoining to Any of Tank Property Other Tank 300 gals. or less 5 ft. 2 ft. 300-500 gals. 10 ft. 2 ft. 500-1000 gals. 20 ft. 2 ft. 1000-10,000 gals. 30 ft. 3 ft.. Over 10,000 gals. 50 ft. 3 ft. (b) No above ground tank shall be con- structed or maintained closer to the nearest rail of a railroad or street car track carry- ing passenger traffic than as shown in the following table: Capacity Minimum Distance in Gallons from Track Under18,000 gals ............. 30 feet 18,000-50,000 gals............ 60 feet 50,000-100,000 gals........... 80 feet Over 100,000 gals.............100 feet (c) All tanks of more than 1,000 gallons capacity shall have all openings which may contain inflammable vapor provided with a 40x40 mesh, non -corrodible wire screen. A safety valve must be provided and man hole covers must be kept closed by.weight only. (d) All such tanks must be provided with danger signs painted conspicuously on their sides bearing the words "inflamable, keep fire and lights away," in letters at least three inches high. (e) All such tanks shall be protected by an embankment or dike, such protection to s n.;..en ec1., is he�_,ahy .. _. nde tc� _,-ad, as ''o�lc;;�s; (h) No such tank may be constructed or maintained within 300 feet of any depot, school, church, or other public building. (i) The premises upon which such tanks are constructed must be surrounded by a substantial fence adequate to keep out all intruders. (j) All such tanks must be protected against corrosion by coating the outside with. a suitable rust resisting paint. (k) All emptying and filling of such tanks shall be by pumpage. The motor and pump must be located in a separate building, away from the tanks, warehouse and gar- age, or entirely surrounded by fireproof walls. (1) All such tanks shall be of material of sufficient thickness safely to hold the con- tents and shall have a factor of safety at all joints of at least 2.5. All riveted joints shall have an efficiency of at least 60 per cent. No vertical tanks shall exceed 30 feet in height. Section 7. Underground Tanks. All under- ground tanks shall conform to the following regulations: (a) All such tanks shall be buried with the top at least 3 feet under the surface of the ground and below any piping to which they may be connected. (b) When located underneath a building, such tanks shall be buried with the top of the tank not less than 2 feet below the level of the basement floor. The floor above the tank shall be reinforced concrete 9 inches thick, extending- 12 inches beyond the outline of the tank in all directions. (c) No such tank may be installed in any street, alley or public ground or under any sidewalk. (d) Tanks shall be set on a firm founda- tion and surrounded with soft earth or sand well tamped into place, or enclosed in con- crete. (e) The storage permitted in underground tanks shall be as follows when the top of tank is lower than all floors, basements, cellars or pits of all buildings, and all sewers, catch basins and man holes: (A) Within a radius of 50 ft...... Unlimited (8) Within a radius of 40 ft....50,000 gals. (C) Within a radius of 30 ft....20,000 gals. (D) Within a radius of 25 ft.... 15,000 gals. _0_ W-Rhin a radius of 20 ft.... 5,000 gals. "c-_Ction 3. Is�uai?e;e c�� r'e :.its Any pers-o 1. desiring a, per°-11.it shall 1;he moo °^to the c er! on a :forRi pru sided for that purpose. Said ar,pliG_ation shall be app . oyed by the cu. of of the fire del a.rta ;�.nt i fy ai-on lnNbeot: or, he shz,,, l deteri icane t1la.t, the grand"' Of —62G' par it ?' _L�, not, muter ally increase the hazard tc) 1�tc I!c a a. ty fr.) . -'i.re nr p:_o1­ zion. Upon receipt of an approved application a:ndl .9. .fee :-o f fi,,re dollars the clerk shall issue a per =ld to the a �plica.,t,for the purpose stated in the application.. Foy° . ts;,l:.r1e s 4a.ta n-s the fee shall. be �1� 40 x or the .first pimp and .i.00 Tor each ^.dr itioaal pvmp� Said permit? shallbe ��alacl for Jn� T'G'?.T` T 'S.7 �'.)'?C? �'rs Ci£ it`a issuanne, Sly', ject to h�<'OCat�.Oit� by too not ict and hearing ifan t me the Chie� �Ie )ai-tmt".fit that theconti1'`;UaL'ce of t}_� (c) No tank wagon may make such de- livery with its engine or motor running. (d) Delivery of dangerous liquids from the storage tank shall beemadee through pumps, mechanically perfect ctand so con- strutted as to prevent leaking or splashing. (e) Buildings used as service stations shall be fireproof and heaed by steam encloor hot water, the heating plant proto be a that this wied thin a fireproof roof only to such requirement shall apply Y build- ings constructed after d February 2 any Stoves are not p Y cir- cumstances. (f) No dangerous liquids may be kept in or dispensed from said buildings in open containers and no open light or flame shall be permitted within any such premises. (g) No attendant or other person owning or employed at any service liquids t'on to a amlotor dis- pense any dangerous vehicle while the motor of said vehicle is running. (h) No person may smoke while on duty at any service station. (i) The maximum amount of storage of dangerous liquids permitted in any service station is 10,000 gallons. Section 9. Garages. The storage of dan- gerous liquids in and near garages for use therein or to be dispensed therefrom shall conform to the requirements fore set forth and further: (a) The maximum amount of gasoline per- mitted above ground in the work room of a garage is one quart, unless the same be in the tank of a motor vehicle and securely capped. (b) No open stove or light may be used in any garage. (c) All garages shall be equipped with sand traps and grease traps which shall be cleaned with sufficient frequency to keep any sand or dangerous liquid orgrease from entering the sewer. Section 10. Miscellaneous Provisions. (a) It shall be unlawful or in person to place or allow to be p y sewer any dangerous liquid. (b) No person shall smoke within 50 feet of any place where dangerous liquids are being dispensed or used in open containers. (c) The use of dangerous liquids in start- ing or feeding any open fire is prohibited except in specially designed burners. (d) It shall be unlawful to mix, store or handle any dangerous liquids in any build- ing housing more than one family. (e) Supply to stationary internal combus- tion engines shall be by pumpage from underground tanks. No gravity flow may be permitted. (f) Where inflammable liquids are used as fuel, they must be fed to the burners from the supply tank by an approved pump- ing device. (g) No garage shall be kept or allowed within 50 feet of any building or place used as a school or hotel, or public building used as a place of assemblage or detention. (h) The use of benzine or gasoline as a thinner in fuel oil for heating purposes is hereby prohibited. (i) Fuel oil storage tanks for domestic use shall be located outside of buildings and underground where practicable. When lo- cated inside a building, the above ground storage shall not exceed 275 gallons, unless used under the constant direction of an at- tendant, in which case it shall not exceed 5,000 gallons in ordinary buildings and 10,000 gallons in fire resistant buildings. Section 11. Inspection. The chief of the i-fire department shall inspect all installations t-I of tanks and other equipment designed to e� handle dangerous liquids before the same are placed in operation, and no person d shall use any installation, or cover or cause any such installation to be covered from view, before the same has been inspected. The chief of the fire department shall also make a monthly inspection of all premises which are under permit and require com- pliance with the terms of this ordinance in all cases by written order, which shall state the time within which such compliance must be made. Section 12. Council May Secure Compli- ance. The fire chief shall report to the council all installations which do not con- form to the requirements hereof, and the location of said non -complying installations, and the council may take such steps as it deems necessary to secure compliance here- with. No. 102 AN ORDINANCE PROHIBITING THE SALE AND REGULATING THE DISCHARGE OF FIREWORKS Section 1. Definition. The term "fireworks" as applied to explosives the sale of which is prohibited within this Village, shall in- clude toy pistols, toy guns, toy cannons, detonating canes, blank cartridges, fire- crackers of any size and kind, and any sub- stance of an explosive nature, and devices for discharging the same; provided, this ordinance shall not apply to ammunition and fire arms or to dynamite and devices for exploding the same. Section 2. Sale Prohibited. All sale, pos- session, or display for sale of fireworks within the Village is prohibited. Section 3. Discharge Regulated and Pro- hibited. It shall be unlawful for any person to set off or discharge any fireworks within this Village at any time; provided, that pyrotechnical displays may be authorized in the manner and within the limitations prescribed in Minnesota Statutes, Sections 676.433 through 616.438. No. 103 AN ORDINANCE PROHIBITING THE DISCHARGE OF FIREARMS UNDER CERTAIN CIRCUMSTANCES Section 1. Discharge of Firearms Pro. hibited Without a Permit. No person shall fire, discharge, or explode any gun, pistol, air rifle or other weapon in any part of this Village without a permit from the village council. Such permit shall be in writing and shall be issued by the council in its discre- tion upon application to it. Section 2. Exception. Nothing herein shall be construed to prohibit any firing of a gun, pistol, or other weapon when done in the lawful defense of person, property, or family or in the necessary defense or en- forcement of the laws. —26— No. 1I AN ORDINANCE PROVIDING FOR THE ESTABLISHMENOF A VOLUNTEER FIRE DEPARTME, T AND MAKING RULES AND REGULATIONS FOR THE GOVERNMENT OF THE SAME Section I.. Fjse Department. Established. There is hereby' established for the Village a volunteer fire department consisting of a fire chief, afi assistant chief, and not less than fifteep/nor more than thirty firemen:., r Section :.Q. Duties of Chief of Fire Depart. ment. The chief shall have control over all fire fighting apparatus and shall be respon- sible for its care and condition. He shall report to the village council in March and September of each year as to the condition of the equipment and needs of the fire de- partment. He may submit additional reports and recommendations to the council at any time, and shall report suspensions of mem- bers of the fire department at the first meet- ing of the council following such suspen- sion. He shall be responsible for the proper training and discipline of the members of the fire department and may suspend any member for refusal or neglect to obey or- ders, pending final action by the council on his discharge or retention. Section 3. Chief to Keep Records. The chief shall keep in convenient form a com- plete record of all fires. Such record shall include the time of the alarm, location of fire, muse of fire if known, type of building, name of owner and tenant, purpose for which occupied, value of building and con- tents, members of the department respond- ing to the alarm and such other informa- tion as he may deem advisable or as may be required from time to time by the village council or state insurance department. Section 4. Practice Drills. The chief shall hold a monthly practice drill of at least one hour's duration for the fire department, when the weather permits, and give the fire- men instruction in approved methods of fire fighting and fire prevention. Section 5. Duties of Assistant Chief. The assistant chief shall, in the absence or dis- ability of the chief, perform all the func- tions and exercise all of the authority of the chief. Section 6. Requirements for Firemen. The assistant chief and firemen shall not be less than eighteen nor more than 65 years of age and able bodied. They shall pass a satisfactory mental and physical examina- tion and shall become members of the fire department only after a six -months' pro- bationary period. Section 7. Compensation. The members and officers of the fire department shall receive compensation as the council may from time to time provide by resolution. Section 8. Method of Computing Com- pensation. In computing compensation for attending any fire, one hour's pay shall be considered as the minimum to be paid to any fireman or officer. Section 9. Charter Members. Charter members of the fire department shall not be required to serve a probationary period before receiving firemen's rating. Section 10. Relief Association. The mem- bers and officers of the fire department shall organize themselves into a Firemen's Relief Association. Section 11. False Alarms; Refusal to Aid. No person shall give or make, or cause to be given or made, an alarm of fire without probable cause, or shall neglect or refuse to obey any reasonable order of the chief at a fire. No. 112 AN ORDINANCE PROVIDING FOR INSPECTION AND REMOVAL OF FIRE HAZARDS Section 1. Inspection of Premises Author- ized. The chief of the fire department or other officer or member of the department designated by him shall make inspections of property in this Village at intervals of not more than six (6) months apart and locate and report to the council places where fire hazards exist, and report and abate any conditions existing contrary to this ordinance or the laws of the State. Section 2. Conditions Prohibited. No own- er, agent or occupant of any building in the Village shall allow any ashes, waste- paper, hay, straw, rags, or other waste material of a combustible nature to accum- ulate in the basement or on any floor of any building, or in any hallway, court, yard or alley adjoining any building owned, controlled or occupied by such person, except that hay and straw may be stored in buildings where livestock is housed. No such person shall permit to exist upon any premises as aforesaid any electric wiring so defective as to constitute a fire hazard, or any defective heating device or part thereof, including flues and chimneys of that character, or use or permit to exist any premises, buildings or structures, or any portion thereof, which by reason of want of repairs, age, dilapidated condition or damage by fire, or any other cause, are especially liable to fire, or which are so situated or are in such condition as to endanger its occupants or persons therein or the general public. Section 3. Access to Premises. For the purpose of making inspections the fire chief or other properly designated officer shall have authority to enter any dwelling or other building and upon any premises in the Village between the hours of 9 o'clock a.m. and 5 o'clock p.m. Such officer as aforesaid shall notify in writing persons violating the provisions of Section 2 hereof to correct any such condition found offen- sive to this ordinance. Any such order concerning combustible materials shall be complied with within 48 hours after service. Any such order concerning defective equip- ment or unsound construction shall be com- plied with within a reasonable time and such notice shall specify such reasonable time. Upon failure to comply with any such notice the same shall be reported to the village council. No. 113 AN ORDINANCE RELATING TO THE BURNING OF TRASH AND GARBAGE Section 1. Definition of Garbage. The term "garbage" as used herein shall mean and include the refuse animal and vege- table matter from kitchens, pantries, dining rooms or other parts of hotels, restaurants, boarding houses, tenement houses, dwelling houses, market houses and public or private institutions, the refuse animal matter from butcher shops and freezing locker plants, the refuse fruits and vegetables from stores and commission houses, the refuse animal and vegetable matter from grocery stores, fish stores and poultry stores and all refuse accumulation containing animal or vegetable matter that attends the prepara- tion, use, cooking or storing of meat, fish, fowl, food, fruit or vegetables. Section 2. Garbage Burning Regulated. No person shall burn any garbage except in an incinerator located within the con- fines of an enclosed building or basement, provided, however, that the operation of such incinerator must not violate any fire ordinance or regulation of the Village. Section 3. Trash Burning Regulated. No person shall burn any sweepings, trash, lum- ber, leaves, straw, papers, grass or other combustible material in any street, alley, yard or upon any lot except in the manner hereinafter in this ordinance permitted, pro- vided, however, that such burning shall not violate any fire ordinance or regulation of the Village. Section 4. Trash Burning Within Fire Limits. Any of the refuse or material de - ,,,scribed in Section 3 of this ordinance may be burned within the fire limits of the Vil- 72 lage in a refuse burner constructed in a G N substantial manner of iron, steel, brick, i concrete ar stone, which shall be a closed � \ �7 f' receptacle with a tight door at the bottom, if any opening there exists, and the top opening shall be protected in a secure \4 manner by a wire screen of not less than ' 1 nine gauge wire with a mesh not to exceed C one inch. If such refuse burner is con- structed of iron or steel, it shall not be d n thinner than 14 B.W. gauge. Provided, however, that such refuse or material shall S not be burned within twenty feet of any building, structure or flammable material nor within ten feet of any fence, partition or neighboring property line. The fire limits of the Village shall be such as may be set by the Council. Section 5. Trash Burning Outside Fire Limits. Any of the refuse or material de- scribed in Section 3 of this ordinance may r`be burned outside the fire limits of the '—r Village, if under the constant supervision of an adult person, between the hours of 6 A.M. and 9 P.M., provided that if such 7 refuse consists of materials other than leaves, straw and grass it shall be burned in a burner constructed according to sped- fications contained in Section 4 of this ordinance or in a burner constructed of wire or similar metal construction. If con- structed of wire, the burner shall be of not less than No. 9 gauge wire with a mesh not —27— greater than two inches by four inches and strengthened by three or more one inch by one -quarter inch hoops at the top and bottom. Provided, however, that such refuse or material shall not be burned within twenty feet of any building, structure or flammable material nor within ten feet of any fence, partition or neighboring property line. No. 114 AN ORDINANCE REGULATING AND PROHIBITING THE SETTING OF FIRES Section 1. Fires Prohibited in Public Streets. No person shall build or cause or permit to be made any fire in the public streets, highways, lanes and alley, or within 20 feet of any building, or within 10 feet of a lot line. No fire may be set on any unusu- ally windy day. Section 2. Control of Fires. No person shall set fire to or burn any weeds, grass, leaves, rubbish or other substance without first providing adequate means to control such fire at all times. Section 3. Evidence. The setting of such a fire on any unusually windy .day or the calling or appearance of the fire depart- ment at such fire shall consitute prima facie evidence that the person so setting the fire did not provide adequate means to control such fire. Section 4. Reporting Fires. No person shall willfully call out the fire department for such fire without just cause. Every per- son calling or phoning for the fire depart- ment shall give his name and address to the person receiving such call, which shall be recorded and turned over to the village clerk. /3 1 ' � —48_ • ORDINANCE NO. 113-1 AN ORDINANCE AMENDING ORDINAL NO. 113 OF THE VILLAGE OF EDINA, RELATING TO THE BURNING OF TRASH AND GARBAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4 of Ordinance No. 113 of the Village, entitled "An Ordinance Relating to the Burning of Trash and Garbage", is hereby amended to read as follows: "Section 4. Trash Burkina Within.Fire e Limits. No refuse of material such as described in Section 3 of this ordinance may be burned within the Village fire limits except in an approved type of incinerator as „�` bb recommended by the National Board of Fire Underwriters in their G^ , Standard No. 82 for Incinerators, October 19539 three copies of said standard having been filed for use and examination of the public in the office of the Village Clerk. The fire limits of the Village are hereby defined as including all areas in the Village except those zoned Open Development." Section 2. Section 5 of said Ordinance No. 113 is hereby amended read as follows] "Section 5. Trash Burnin4 Outside FIxg Limits. Any of the refuse or material described in Section 3 of this ordinance may be burned out- side the fire limits of the Village, if under the constant supervision fo an adult person, between the hours of 12 noon and 8 P. M. except Monday, on which day no such burning shall be permitted at any time, provided that if such refuse consists of materials other than leaves, straw and grass it shall be burned in a burner constructed according to specifications contained in Section 4 of this ordinance or in a burner constructed of wire or similar metal construction. If con- structed of wire, the burner shall be of not less than No. 9 gauge wire with a mesh not greater than two inches by four inches and strengthened by three or more one inch by one -quarter inch hoops at the top and bottoms Provided, however, that such refuse or material shall not be burned within twenty feet of any building, structure or flammable material nor within ten feet of any fence, partition or neighboring property line." Adopted this 13th day of May, 1957. ATTEST: (Signed) ARTHUR C. BREDESEN. ,JR. !Signed) GRETCHEN S. ALDEN Mayor Village Clerk 0 Published in Edina-Morningside Courier May 16 and 23, 1957. to n • ORDWANCE NO. 113-2 AN ORDIVIAECE AriWING ORDIN&RCE NO. 113 OF THE VILLAGE OF EMINI#., RC AIIAG TO TUE BURNING OF TRASH .AND GARBAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAIUS : Section 1. Section 4 of Ordinance No. 113 of the Village, entitled "An Ordinance Relating to the Burning of Trash and Garbage", as heretofore amended, Le hereby Further amended to read as follows: "Section 4. Wash Burning in Fire Zone I3� o. 2. No refuse or material such as described in Section 3 of this ordinance any be burned in fire zone No. 2 except in an approved type of incinerator as recommended by the National Board of Fire Underwriters in their Standard No. 82 for Incinerators, October, 1953, three copies of said standard having been filed for use and examination of the public in the office of the Village Clerk." Section 2. Section 5 of said Ordinance No. 113, as heretofore Emended, is hereby further amended to read as follows: "Section 5. Trash Burning in Eire ?.one No. 3. Any of the refuse or material described in Section 3 of this ordinance may be burned in fire zone No. 3 of the Village, if under the constant supervision of an adult person, between the: hours of 12 noon and 8 P.w. except Monday, on which day no such burning shall be permitted at any tine, provided that if such refuse consists of materials other than leaves, straw and grass it shall be burned in a burner constructed according to specifications contained in Section 4 of this ordi- nance or in a burner constructed of wire or similar notal construction. If constructed or wire, the burner shall be of not leas than No. 9 gauge wire with a mash not greater than two inches by four inches and strengthened by three or core one inch by ona-quarter inch hoops at the top and bottom. Provided, however, that such refuse or material shall not be burned within twenty feet of any building, structure or flammable material nor within ten feet of any fence, partition or neighboring property line.' Section 3. This ordinance shall take effect immediately upon its passage and publication. Adopted this 8th day of February, 1960. ATTEST: (Sinned) ARTHUR C . BP.EA�SEN i 3R (Signed) GRETCHEN S. AI.DLN Mayor '" Village Clerk. Published in Edina-Vorningside Courier- February 18 and 25, 1960. 0 ORDINANCE NO. n F 3-3 &M ORDINANCE AMENDING ORDINANCE NO. 112 OF THE VILLAGE, RELATING TO THE BURNING OF TRASH A14D GARBAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4 of Ordinance No. 113 of the Village„ entitled "An Ordinance Relating to the Burning of Trash and Garbage,," as herotofora amended,is hereby further amanded to read as follows: "Section 4, Trash Burning in Fire Zones Nos. 1 and 2. No refuse or material such as da,6 : -i Md__i 5� ectian 3 of Ms ordinance may be burned in f5ra zones Nos.. 1 or 2 e:Wcept in an approved type of incinerator as recom- mended by the National Board of Fire Unden;riters in their Standard No. 82 for Incinerators, Octaber, 1953 s three: copies of said standard having been filed for use and examination of the public in the office of the Village C1arj<. ¢' Sac. 2. This ordinance shall take effect immediately upon its passage and piib?ication. Adopted by the Village Council this 11th day of June, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN,F JR_ (Signed) GRETCHEN S. ALDEN � Mayor - Published in Edina-Morningside Courier Jame 14, 1962. ORDINANCE 114--1 AN ORDINANCE AMENDING ORDINANCE NO. 114 OF THE VILLAGE OF EDINA, MINNESOTA. PROHIBITING THE SETTING OF FIRES AT CERTAIN TIMES. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Ordinance No. 114 of the Village of Edina, entitled "An Ordinance Regulating and Prohibiting the Setting of Fires," is hereby amended by adding thereto the following section: "Section 5. The Chief of the Fire Department may prohibit, for such periods of times as are necessary for the protection of property, the setting of any and all bonfires, grass fires, and outdoor rubbish fires when weather conditions are such that the setting of such fires is hazardous. Such prohibition shall be approved by the Village Manager, and notice of it given by legal publication as soon as possible after its promulgation and by advising radio, television, press and other media of public information. The Village Council shall be formally informed of such prohibition at its next regular meeting following the imposition." Adopted this 28th day of March, 1960. (Sijned) W. N. Dickson, Mayor Pro Tem (Signed) Gretchen S Alden Village Clerk ORDINANCE NO. 115 AN ORDIP !dXE REGULATIrdG FUPIIGATION OF BUILDINGS IN THE VILLAGE. THE VILLAGE COUNCIL OF EDINA, IMI1d::.S71A, ORDAINS AS FOI,LO,!S: Section 1. Definitions. "Fumigation", for purposes of this ordinance means tenerati.ng, releasing or spraying any poisonous eases, fumes or vapors, such as hydrocyanic acid, cyanogen, salts of cyanides, methyl_ bromide, carbon dioxide, carbon b1su.l fid.e, carbon tetrachloride, chloropicrim., ethylene dichloride, ethylene oxides methyl formate or other poisonous substances, or mixtures of these cc7apounds, in any building or part thereof, or in any closed space or structure, for the purpose of fumigating the same or extermi- nating insects, vermin, rodents or other pests. "Fumigator", for the purposes of this ordinance, means any person or persons conducting or taking part in fumigation. Section 2. Permit Required. No person shall do any fumigating within the Village without first obtaining a permit from the Chief of Police at least 24 hours before starting to fumigate. Section 3. Issuance of Permit. Before any such permit shall be issued, the applicant shall file with the Chief of Police a written statement of the location of the building-, closed space or structure to be fumigated, and of the day and hour when the work will be performed.. The fee for each permit shall be $2.00. The permit shall bear on its face the date, time and place for which it is issued, and shall not be valid for work at any other time and place, except that if the applicant is unable to perform the work on the hour and day set forth in the permit, and so notifies the Chief of Police at least 16 hours prior to such data and time, he may, without cost to him, obtain subsequently a, permit applicable for another time and place. Section 4. Premises to be Vacated. The person holding such permit shall cause the premises to be fumigated to be vacated by human beings, pets and animals of commercial value, prior to fumigating. Section 5. Openings to be Sealed. All outside crevices, cracks or openings in the buildings or spaces that are to be fumigated shall be effectively sealed prior to fumigating so as to prevent the escape of gas during the process of fumigating, and the fumigator shall see that persons in buildings adjoining the fumigated area, are not endangered. All windows and doors accessible to entry rust be locked or, in the absence of locks, must be nailed shut by said fumigator. Section 6. Danger Signs. Prior to fumigating suitable warning signs shallbe posted on all doors or entrances: "Skull and crossbones" (stickers or pictures). "Danger". 'Fumigating t°lith Poisonous Gases. All Persons Warned to Keep Away. Such signs shall be printed in red ink on white cardboard with letters at least two inches in height. Section 7. Patrolling of Fumigated Areas. The fumigator shall supply a capable full-time watchman to patrol the fumigated area and yarn avmy all persons seeking entry into such area. Such watchman shall remain on duty at least 12 hours after the building has been opened for ventilation, and until such time as it is safe for human occupancy, 0 ORDINANCE NO, 115 -. rage 2. Section S. Storage of w-aigating Materials. Not over 100 pounds of cyanide, cyanogen or hydrocyanic acid or liquid cyanide, liquid cyanogen or liquid hydrocyanic acid may be stored in any one place for a period longer than lib hours. Section 9. Airing After Fumigation. Upon conclusion of fumigating, the fumigator shall throw of -en the doors and i;rindows of the premises until all rooms have been opened Lor free access of air. No person other than the fumigator and his assist -.ants shall be permitted to enter upon the premises until all traces of the gas have disappeared, a.nd in no case before 12 hours after such airing. Dur')_nt the first two hours of the airing process the fumigator shall keep all persons away from tie doors and windows of the premises. Section. 10. Use of Stink or Tear Gas. she Chief of Police may prescribe that a stink gas or tear gas shall be :v.sed with the hydrocyanic gas or other dangerous gGs�s or fumes u;ed for fumiating, specifying the time and method for the penerat ion or release of such stink or tear gases. Section ll. ' Disposal of Gas Residue. The fumigator shall pour the residue left in the jars or co -t,ainers and the water used for cleaning such jars or containers down the toilet bowl, which shall then be flushed thoroughly with water to remove all trace: of chemicals. Section 12. Penalty. Any violation of this ordinance shall be a misdemeanor, punishable by a fine of not more than $100, or by imprisonment for not more than 90 days. Adopted. this 23rd day of August, 1954. (Signed) ITIME' 1 F. � HICIZON ATTESTa Mayor (Signed) GREE CHE,14 S. AI,D "N Deputy Village Clerk Published September 2 and 9, 195., in Ed- na-l`orningside Courier. -2- • ORDINANCE NO. 116 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF FIRE HAZARDS IN RESURFACING BOWLING ALLEYS AND REFINISHING BOWLING PINS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Resurfacing of Bowling Alleys. Resurfacing of bowling alleys shall not be carried on while the establishment in which the aleyes are located is open for business. The Chief of the Fire Department shall be notified when alleys are to be resurfaced. Proper ventilation shall be pro- vided. Heating, ventilating, or cooling systems employing recirculation of air shall not be operated. All motorized or other equipment in the area which might be a source of ignition shall be disconnected and all smoking and open flames prohibited during resurfacing operations involving the application of flammable finishes, and for one hour thereafter. Section 2. Refinishing of Bowling Pins. Pin refinishing shall not be done on any premises while they are open to the public, and shall always be done in a room meeting the following requirements: (a) The walls shall have a fire resistance rating of not less than one hour, shall be continuous from floor to ceiling and shall be securely anchored. (b) The ceiling shall be of construction equivalent to not less than 3/4 Inches of gypsum plaster on metal lath. (c) The floor, if of wood, shall be protected with not less than 2 inches of concrete. (d) Door openings to other rooms or buildings shall be provided with non- combustible sills raised 6 inches. Such openings shall be protected by standard fire doors of approved automatic or self -closing type. Where other portions of the building or other properties are exposed, windows shall be protected in a standard manner. (e) Shelving shall be non-combustible. It shall be provided for this purpose, and shall not be located below grade. (f) Storage of flammable liquids in such rooms shall not exceed 60 gallons in original metal containers or approved safety containers not exceed- ing 5 gallons individual capacity. A metal waste can with self -closing cover shall be provided for all waste materials and rags. Its contents shall be removed daily. (g) Smoking shall be prohibited therein at all times. Adopted this 13th day of May, 1957. ATTEST: tSigned y ARTHUR C. BREDESEN„JR :__ (Signed GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier May 16 and 23, 1957. a ORDWANCE FjO. 117 AN ORDINJANCE CREATING AND EE ABLISPING FIRE ZONES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDIINS: Section 1. Fire Zones Established. For the purposes of Village Ordinances Nos. 51A (Building Code) and 113 (Burning of Trash and Garbage), the Village is hereby divided into Fire Zones Nos. 2 and 3 as described in the Uniform Building Code in its adopted form. The Boundaries of Fire Zone No. 2 shall include all areas of the Village zones as Multiple Residence District, Commnity Store District, Commercial District, Regional Shopping District, Regional Medical District, and Office Building District. The boundaries of Fire Zone No. 3 shall include all areas of the Villa - zone,, a Automo�iie Parking District and Open Development District. 6 -/1 ' v Section 2. This Ordinance shall take effect inmedintely upon its passage and publication. Adopted this 8th day of February, 1960. ATTZST: (Signed) GRETCHEI S. ALDEN (Signed) AftTHUR aCyorR?DESLrRI, Jos Village Clerk Published in Edina-Norningside Courtier February 18 and 25, 1960. 0 0 ORDINANCE NO. 117A AN ORDINANCE CREATING AND ESTABLISHING FIRE ZONES, REPEALING ORDINANCE NO. 117 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Fire Zones Established. For the purposes of Village Ordinances Nos. 51A (Buis ing Code and 1 3--Burning of Trash and Garbage), the Village is hereby divided into Fire Zones Nos. 1, 2 and 3, in accordance with the provisions of the Uniform Building Code. The boundaries of Fire Zone No. 1 shall include all areas zoned as Community Store District, Commer- cial District, Regional Shopping District, Regional ?Medical District and Planned Industrial District. The boundaries of Fire Zone No. 2 shall include all areas zoned as Multiple Residence District and Office Building District. The boundaries of Fire Zone No. 3 shall include all areas zoned as Open Development District and Automobile Parking District. Sec. 2. Change in Zone Boundaries. The boundaries of such zones shall be changed accorcTi gy�wFien®ver�any ordinance is adopted by the Council which transfers property from one zoning district to another, without amend- ment of or reference to this ordinance. Sec. 3. Ordinance No. 117 of the Village, as amended, is hereby repealed and rescinded. Sec. 4. This ordinance shall take effect immediately upon its passage and publication. Adopted by the Village Council this llth day of June, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. _. (Signed) GRETCttEN S . ALD£N Mayor iii`Tl­age Cler.c Y____ ___ Published in Edina-Morningaida Courier June 14, 1962. 6 OEDINANCE NO. 118 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE. PRE -SCRIBING REGULATIONS GOVERNING C014DITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, A14D ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DE- FINING THEIR P014ERS AND DUTIES:. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Adoption of Fire Prevention Code. There is iiereby adopted, for the purpose of prescribing regulations governing conditions iiazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters (Edition of 1960), except A Articles 13 and 30 of said Code, and the same is hereby adopted and incorporated as fully as if set out at length herein. Section 2. Fire Prevention Code on File. Three copies of said code, marked "Official Copy," shall be filed in the office of the Clerk prior to publication of this ordinance, and shall remain on file in said office for use and examination by the public. The Clerk shall furnish copies of said Code at cost to any person upon request. Section 3. Establishment and Duties of Bureau of Fire Prevention. (a) the Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Village, which is hereby established. It shall be operated under the supervision of the Chief of the Fire Department, who shall be the chairman of the bureau, and shall consist of the following: • The Chief of the Fire Department and the Assistant Chief of the Fire Department. (b) The Chief of the Fire Department may detail such members of the fire department as inspectors as s.iall from time to time be necessary. (c) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the Manager. It shall contain all proceedings under this Code, with such statistics as the Chief of the Fire Department may wis,a to include therein; the Chief of the Fire Department shall also recommend any amendments to the Code which in his _udgment shall be desirable. Section go-. Definitions. (a) Wherever the word "muni.cipalityB° is used in the Code, it shall be held to mean the Village of Edina. (b) Wherever the term "corporation counsel" is used in the Code, it shall be held to mean the Village attorney. Section 5. Limits for Storage of Flammable The limits referred to in said Code applicable to storage of flanmable liquids and gases are those established in Ordio?.ance No. 101 of the Village. Section 6. Limits of Districts for Storage of Explosives and glastin� The limits referred to in Section. 12.6 b of said Code, in which storage of expios' and blasting agents is prohibited, are hereby established as follows: The Village Limits of the Village of Edina. r� U Section 7. A als. Whenever the Chief of the fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code to not apply or that the Code has been misconstrued or wrongly interpreted, the applicant or other aggrieved person may appeal from the decision of the Chief of the Fire Departmnt to the Village Council within 30 days from the date of the decision appealed. Section 8. Interpretation; Reseals. The adoption of said Cade shall not repeal or supersede any other ordinances of the Village regulating the same sub.;ect matter, but the provisions of such other ordinances shall also be applicable, except that if there is any conflict between the provisions of said Code and such ordinances, the more restrictive provisions shall be applicable. Section 9. Permit Fee. The fee for each permit required by this ordinance, and for each annual renex.,ral thereof, shall be $5. All permits shall expire one year a after date of issuance. Section 10. Penalty. Any person violating any provision of this ordinance or said Code shall be guilty of a misdemeanor and subject to a fine not exceeding $100, or imprisonment for a period not exceeding 90 days; with costs of prosecution in either case to be added. Each day's violation after notice thereof shall constitute a separate offense. Section 11. §22arahbilitv. Should any section, paragraph, sentence or • word of this ordinance or of said Code be declared invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole or any part of the ordinance other than the part so declared to be invalid. Section 12. This ordinance shall be in full force and effect upon adoption and publication thereof. Adopted October 23, 1961. ATTEST: (Signed) ARTHUR C. bREI3ESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Horni.ngside Courier November 2, 1961. lJ r -1 AID ti^.i1:CNMACE 10 t?!EFULIZE MID REGULATE TV?EL??ILIG " OR CUTTING OPERIATIG"NS U '11JRT'. VILL�r.-F OF EU+iI[', i'I` VILL.t„% CO RNICI L Or AE VILLAGE 0,7! DOES ORMATTI AS FOLLgRS : Section 1. Definitions "Approved meals accepted by tac Ca.ief of ti?a File Department as s recult Of his i nvestl. Ztion and expel'ience )r b" rapsoli of Lest, listla4g.. or --pproval by UnderSiritcrs' L=iiO'.:.:+tOri.r_' . Inc., or othar nntionally recognized tc2Gti ng agn-ney. "Welding or ;,'uttin.; shall z. c-I-ude gas or electric -arc welding or cutting o:: any combination tileyeoi. Section 2. Parvits (a) A parm.it shall be requ-I rc ei of each courpony, corporation, co -partner- ship or owner -operator perforating EYejdir_S or cutting, operations. (b) Application for v. ps-L—mit roquired by this ordinance shall be made. by the co -am, any, corF oLaticn, co-parrna;Shin o:: 0:.7ner--operator perfor;:zing the welding or cutting operation, o,r by his duly cuthorized ).Sent. Such applic,:*ion shill be rik.de to the Chief of the Fire LrE.''.pz^artment in such foie and deg ail a3 IlP. Shah p'iescribs. (c) TI-1.3 C_lieb of tha Y':.re D.`.p rtmaot sl'a i not issne a pnri it for Fielding or cuttin,-, operations unless Eia is r-,-U:iSfi-.'vd that the individual.; '.n caarge of par- 101=;.ngg sucil operations are capable of doing such F?ork in a SAfe x-anner. Demonstr: t%On of a w-o k1i)g knowledge of the p rovir_ i.or-,s of this ordinance shall constitute. acceptable evid%P,cc Oi: colrpliance with this requirement. (d) A pE i it shall coil: tit.G to pe=—ission to *p'crfol`tl vyeldincy or cuttin o2erations us indicated tllereon and shall - b t1. rot ba transfera`31e. Such permit shall not talke tits place of any license required by law. Such permit shall expire one year ry t' date of iss-u3nce. !e) Perl77.ts shall at all be kept on the preni.ses designated therein and Sii(ll all- all reaso-ay.. lle tires 'u'G S:,I10jcct to inspection by any officer of the f ira or pol-r,.c dean artmellr_s. Of) CotT11-Len, corporations, co-pa?'nershi.p and owner - opera Lor3 required to have a i?cexin.t sh,:?./. T~cY.: i tail u reco. d of all locatioas where wilding or cut'..in,- o Zratt oils are yY3er' C''i' �E? L,11d i'•. Ya it nvailnb" e fOr illS't'ecLion by the C ilef of the Dire U-part=nt. -I- I* it (g) Any permit issuer; hereunder may be revoked for any violation of this ordinance or for any false statenx:nt or representation made as to a material fact in the application on which the permit was based. Such revocation shall be by the Village Council upon the recommendation of the Chief of the Fire Department. Section 3. Cowl anc�with aTationally Recognized Good Practice In the performance of welding or cutting operations only approved equip- ment shall be used and the equipment shall be installed and operated in accordance with nationally recognized good practice. The Standards of the national Board of Fir` Underwriters No. 51, Gas System, for ;fielding and Cutting, and American Standard Z49.1, Safety in Welding and Cutting shall be considered as nationally recognized good practice. Section 4. Fire Prevention (a) Combustible materials shall be protected by noncombustible shields or covers from possible sparks, hot metal or oxide. (b) Moor, ceiling or wall openings shall be protected by noncombustible (c) Provisions shall be :Wade to watch for fires, make use of portable fire entinguishers or fire hose, and percorni similar fire prevention and protec- tion duties. (d) One or more portable fire extinguishers of approved type and size shall be kept at the location where 'welding or cutti.n- is to be :lone. (e) Welding or cutting shall not be done in or near rooms or locations where flammable gases, liquids or vapors, lint, dust, or loose combustible stocks are present when sparks or hot metal from the welding or cutting operations may cause ignition or ax-plosion of such materials. (f) Except as provided in (g) below, welding or cutting shall not be performed on containers and equipment which contain or have contained flammable liquids, gases or solids until_ these containers and equipment have been thoroughly cleaned or i nerted or purged. (g) "Hot tapping" may be permitted on tanks and pipe lines provided such operations are perforrmed by companies, corporations, co -partnerships or owner - operators in accordance with nationally recognized procedures. (h) Sprinkler protection shall not be shut oEf while welding or cutting work is being performed. When welding or cutting is done close to automatic sprinkler heads, sheet asbestos or damp cloth guards shall be used to shield the individual breads but shall be removed when the work is completed. Section 5. Gas Welding..and utting (a) Devices or attiacl ants fs.cilitatirb or permitting tdxture of air or oxygen with combustible gases prior to consmam�ti.on, e::cept at the burner or in a standard Lorca or blowpipe; shall not be allowed unless approved for the purpose. -2- (b) The user shall not transfer combustible gases from one cylinder to another or mix gases in a cylinder. (c) Acetylene gas shall not be generated, piped (except in approved cylinder manifolds and cylinder manifold connections), or utilized at a pressure in excess of 15 pounds per square inch gauge unless dissolved in a suitable solvent in cylinders manufactured according to Interstate Commerce Commission requirements. (d) Acetylene gas shall not be brought in contact with unalloyed copper except in a blowpipe or torch. (e) A high pressure cylinder or high pressure cylinder manifold for oxygen shall be provided with a pressure regulating device intended for use with oxygen, and so marked. (f) Cylinders permitted inside of buildings shall be stored away from highly combustible materials and in locations where they are not subject to excessive rise in temperature, physical damage or tampering by unauthorized persons. Empty cylinders shall have their valves closed in storage and when shipped. (g) When a cylinder is not connected for use the valve shall be closed and the valve protection cap shall be in place, hand tight. (h) Tests for leaks in any piping system or equipment shall be made with soapy water. Flames shall not be used. (i) Welding or cutting work shall not be supported on compressed gas cylinders or other containers. 0) Fuel gas cylinders shall be placed with valve end up whenever they are in use. (k) Fuel gas shall not be used from cylinders through torches or other devices equipped with shut-off valves without reducing the pressure through a suitable regulator attached to the cylinder valve or manifold. (1) Cylinders, valves, regulators, hose and other apparatus and fittings containing or using oxygen shall be kept free from oil or grease. Oxygen cylinders, apparatus and fittings shall not be handled with oily hands or gloves or greasy tools or equipment, (m) b'lhen moving compressed gas cylinders by crane, suitable dradles shall be used to prevent the possibility of dropping them. Ordinary rope slings or electromagnets shall not be used. (n) Oxygen and fuel gas cylinders and acetylene generators shall be placed •rar enough avaay from the welding area to prevent thew from being heated by radiation from heated materials= by sparks or slag, or by mis- direction of the torch flame. (o) 17hen gas welding or cutting operations are discontinued for a substantial period of tine such as overnight or while being relocated, the torch valves shall be closed and the gas supply to the torch completely shut off,. -3- ' Section 6, Electric Arc-Vkfeldinq and Cutting (a) The frama or case of the welding machine except internal combustion engine driven machinss shall be grounded. Ground connections shall be mechanically strong and electrically adequate sor the required current. (b) Welding current return circuits from the work to the ,machine shall have proper electrical contact at all joints and periodic inspection shall be made to ascertain that proper electrical contact is maintained. (c) When electric arc --welding or cutting is to be discontinued for any substantial period of time, all electrodes shall be removed from the hold- ers, the holders shall be carefully located so that accidental contact cannon:, occur, and the machines shall be disconnected from the power source. Section 7. Modifications When there are practical difficulties in the way of carrying out the strict letter of the ordinance, provided that the spirit of the ordinance shall be observed, public safety secured, and substantial justice done, an applicant may appeal to the Chief of the Fire Department for such modification setting out in full the particulars upon which such modification is requested. The Chief of the Fire Department shall therupon transmit such application to the Village Cou-icil, together with his recorninendati.on, and the Village Council may then grant or deny the modification requested. Section 86 App� eats Whenever -cite Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the ordinance do not apply or that the true intent and meaning of the ordinance have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Standing Co,wiittee on Licenses of the Village Council within 10 days from the date of the refusal of the Chief of the Fire Department. Section 9. Penalties for Violation Any person who shall violate any of the provisions of this ordinance or fail to comply, therewith or who shall violate or fail to comply with any order or regulation nade thereunder shall upon conviction be fined not more than e100.00 or imprisoned not more than 90 days. Section 10. Severabil9. v If any part or section of this ordinance shall be found by a court of competent jurisdiction to be invalid, such finding or order of the court shall not affect the validity of the remaining sections. Section 11, This ordinance shall be in full force and effect from and after its passage and publication according to la:w. Adopted this 27th day ^f November , 19m. ATTEST: (Signed) GI IK'TC IE S. ALD-�d (Signed) W., 11, Dickson itAa'Oi: PRO EM VILLAGE CI.., RK -6 0 No. 121 AN ORDINANCE CREATING A BOARD OF HEALTH AND VILLAGE HEALTH OFFICER AND DEFINING THEIR POWERS AND DUTIES Section 1. Board of Health Created. A Village Board of Health is hereby created, composed of the Village Health Officer and the members of the Village Council ex- officio. Section 2. Health Officer. The village health officer shall be a physician appointed by the council, and he shall be chairman of the village board of health. Section 3. Duty of Board of Health. The board of health shall make such investiga- tions and reports and obey such directions concerning communicable diseases as the State Board of Health may require or give, and cause all statutes, ordinances, by-laws, and all lawful rules and regulations con- cerning public health to be enforced and obeyed. Section 4. Duty of Health Officer. The village health officer shall execute the law- ful orders of the state and village boards of health and perform such other duties as are or may be prescribed by statute, or by regulation of the state board of health. Section 5. Obstructing Health Officers. No person shall oppose or obstruct a mem- ber of the village board of health or any health officer or physician charged with the enforcement of health laws, in perform- ing any legal duty, or obstruct or hinder the entry of such health officers upon premises or into buildings or other places where contagion, infection, filth or other source or cause of preventable disease ex- ists or is reasonably suspected to exist. Section 6. Control of Communicable dis- eases. The village health officer shall em- ploy at the expense of the Village such medical and other help as may be neces- sary in the control of communicable disease. All statements of expense incurred in estab- lishing, enforcing, and releasing quarantine shall, after payment, be certified to the county auditor for allowance of one-half the amount by the county board to the Village as provided by law; provided, that no such expense shall be paid by the Vil- lage unless payment is refused by the per- son or persons liable therefor. Section 7. Annual Sanitary Inspection Re- port. The village health officer shall make a thorough sanitary inspection of the Vil- lage in the month of May of each year and present a written report of such inspection, together with is recommendations, to the village council on or before the first day of June. A copy of the report shall also be sent, on or before July 1st, to the state board of health. Section B. Clean-up Notice. Preceding the May sanitary inspection the village health officer shall cause a notice to be inserted in the official paper ordering per- sons thoroughly to clean all yards, vaults, cesspools, sheds, and barns and to cause all tin cans, trash, and manure to be re- moved therefrom on or before the first day of May. If, upon inspection, such order has not been complied with, individual orders shall be issued by the health officer and a re -inspection made on or before May 15. Failure to comply with such individual order shall be unlawful and shall be punished as hereinafter provided. _29_ ORDINANCE NO. 121A to AN ORDINANCE CREATING A VILLAGE BOARD OF HEALTH AND A VILLAGE DEPARTMENT OF HEALTH, PROVIDING FOR APPOINTMENT OF A HEALTH OFFICER, PUBLIC HEALTH SANITARIAN AND OTHER OFFICER, AND DEFINING THE POKERS AND DUTIES OF THE FOREGOING. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Board of Health Created. A Village Board of Health is hereby created, to.�empose t�`ie meof tjie Village Council and the Village Health Officer. Sec. 2. Village Health Officer; Deputy. The Village Health Officer shall be appointed by the Village Council, an'hc�l�d office at the pleasure of the Council this resignation_i removal or appointment of a successor. The Council may also appoint a deputy Health Officer, who shall assume all the duties of the Health Officer during his absence or disability. Both the Health Officer and the deputy Health Officer shall be physicians licenses to practice as such by the State of Minnesota. The compensation of such Health Officers shall be prescribed by the Village Council. Sec. 3. Duties of Board of Health. The Board of Health shall make such investigations and reports and obey such directions concerning communicable diseases as the State Board of Health may require or give; and, under the general supervision of the State Board, shall cause all state laws and regulations relat- ing to the public health to be obeyed and enforced. The Village Board of Health shall also have general supervision of the enforcement of Village ordinances relating to public health and sanitation by the Village Department of Health hereinafter created. ..Sec. 4. Duties of Health Officers The Village Health Officer shall execute or provide for the execution of the lawful orders of the State and Village Boards of Health and perform such other duties.as are or zdf- be prescribed by statute, regulation of the State Board of Health or by Village ordinance. He shall also employ at the expense of the Village such medical and other help as may be necessary in the control or comunicabie disease. Se4 5, Village.Department of Health Created. A Village Department of Health is hereby created, to be composed of a Pub13;.Health, dministrator and subordinate officers, or, if no Public Health Administrator .s appointed, of a Public Health Sanitarian and such other persons as may be deemed necessary and advisable. Sec. . Village Public Health Sanitarian Deput3t The Village Public Health Sanitarian shall be appointed -by the Village Manager. The Manager may also appoint a deputy Public Health Sanitarian, who shall assume all the duties of the Public Health Sanitarian during his absence or disability. The Public Health Sanitarian and his deputy shall be qualified for such position by holding.either a Bachelor of Science degree in Sanitary Science or a Master's degree in Public Health from a university accredited by the North Central, the Middle States, the New England, the Northwestern, the Southern or the Western Association of Colleges and Secondary Schools. -1- El Sec. 7. Duties of Village Department of Health. The Village Depart- r.1ent or health sha�form such uties as may a assigned to it by the Village Board of Health and the Village Health Officer, shall enforce all ordinances of the Viilaga relating to health, sanitation and the control and prevention of communicable diseases, shall inspect sanitary conditions in the Village annually and render a written report thereon to the Village Board of Health, and shall perform such other duties as may be required by the ordinances of the Village. Sec. 8. Duties of Public Health Sanitarian. The Public Health.Sani- tarian shall, u`nil appointment of a Pu 1 c Health Admi�n3,strator, be responsible for the performance of the duties of the Department of Health. Sec. 9. Expense of Controlling Communicable Disease. All statements of expense incurred in establishing, enforcing and re eas ng quarantine shall, after payment, be certified to the County Auditor of Hennepin C6VWfy` for allow- ance of one-half the amount yby the County Board to the Village as provided by law; provided, that no such expense shall be paid by the Village unless payment is refused by the person or persons liable therefor. Sec. 10. Ordinance No. 121 of the Village is hereby repealed and rescinded. Sec. 11. This ordinance shall be in full force and effect immediately upon its passage and publication. Adopted this day of , 1962. ATTEST - (Signed) (Sigd) y (Si ed) Ma or - - Village Clerk Published in Edina-Morningside Courier 10 I[] 01,TE,L`JXE NjO, 12� _ Page 2, alley, nor on the surface of the ground. Section 9. Disposal of Vaste Material. No person shall deposit any substances such as described in Sectio., 6 anywhere in the Village except into the sanita ry sewer system of the Villaaf. Such substances may be discharged into said s�rstem only at the places - d at the times designated by the Superintendent of Public Utilities, and upcy-, payment by the scawngor of a fee of $2.00 for the contents of each separate vault, privy, cesspool, septic tank or private drain, the contents of w4 ch mn be so discharged. All fees received pursuant to this section shall be p,F_d into the Sewer Fund of. the Village. Section 10. Owner F?esfonsibility. No person shall employ any other than a scavenger licensed sed her,:under for the purpose of cleaning any privy cesspool or septic taz, < :itu^-tun,on raperty 1,,ri tJ . ovault, operated or managed L- such c ,r p 1_in the V_{11age im ed, rented, Section 11. Penaltirs. Any violation of or fa.ia_ure to comply with the Provisions of this c_°dinance shall be punished by a fine of not more than Y50, or inprisonme:{, not to exceed �O days, or both, In addition to such penalties the lice:.se of the scavenger may be revolved by the Village Council if such scavenger ':as violated this ordinance three or more times during any twelve-month perici. Upon such revocation no part of the license fee paid by the scavenger sha'_l be repaid to him. Section 12. Ef.f:ctive Date, This ordinance shall be in effect from and after SepteTber 1, 1954. (Sip ed) R:;IJBEN F. ZRICKSON ATT E4T: Mayor (Signed) EVALN C. WJ4K Fill go Clerk Published in _daa.;:-P�orningsa_de Courier July 29 and August 5, 1954. A-N (31 AN ORDINAINICE PITIGV`- 11, INFORMATION TO BE FURNISH2D BTY ID APPLICANTS FOR BUILDING WMITS, 01--0 1 N ANCIL TIFIE VILLAC OF 1HE VILLAGE, OF EDINA, Mfi,HESCTA, ORDAINIS, Sectign 1" Section 4 of Ordinance No� 31A of the Village, an heretofore amended, in hereby further amended by adding taeretu a new subieuKur Ad.-, reading an follows: "(W Paragraph (d) of Sectiun 301 shall be amended to read fwlaw= Ci • Plans and specificatiwn,; (jri,-ptjn tu bcm upon subs tantial paper 07 20h and 5hall be uf sufficient Writy to indinate the nature and entent of the work proposed and show in detail th)t it will confcrm tu the provisions of W3 Code and all relevant laws, ardinpnoesq 7ules 3nd reqjlntiuns� The fixot sheet uf aaQ 3et uk plena Wall g0e the house and stonez address of the work end the name and address of the owney and persan Qw pispo-e6 themu in lieu of de-t-,jled ,t tT e Building Official muy jypy,oa references on the plans to a apecifin section or pint of this Code or j1her urvinan"as or W6, "Plans snail include d w1i1.'y2y of the lot upon which ha proposed buildinp or conatruotlin in tu be Kne. which survey shall he prepared and attastQ by a vegintered �jrveyur- Hid uxooy shdil providc the following informa0un; 1) Wis of orawing 2) Lot and Block nambe--- 3) Dimensions Cif' In and north puint 4) Dimanzlcn� & Trunt. Year and side ydr&, 5) Wations of 311 unisting building, in the lut 6) Wition of pioposed building or cOn'tr0o0in Lcoition of stakes enteblishad by the SUIVeyGr d1lag ISLh tide Wt 100 d0t3nze of 30 3nd 60 test from the front 1vt Lorne The m3intenonva these wtaKo8 tnoe e0abliahed by the sucyey3r 0311 be the responsibility of the Widing permit app3icent.; 8) The side yard and notbawk dimensicne uf builuings lucated un adia,ent Jut,,-, 91 The location of all esnaments e3 shown on reuvrd plats. 10; Grnde elevation, at the folluming points. Such elevations to he Wed .Zoo, upun en assumod datum and tied TU S speunixud. bnnn& mark. a) Each lut cornar Wither exivk3ng or propaqd) b) Grown of strect at each iot line exiended exivtlng elevation) c) Propoget lawn and driveway grede6 at the street side of the huu8a, aq,tjonj, This urdinanv2 shall We effect immediately upon W WSW And pvb1inqtiCn,. Pdapned thin Xth day of june, 1960. Acting 'hinge Clerk Published Wina-MurningAde Wurier Nuia 28 and August 41 196U. 1 ORDINANCE NO. 51A-3 . AN ORDINANCE PROVIDING FOR INFORII,FMON TO BE FURNISHED BY APPLICANTS FOR BUILDING PERMITS, AND PROHIBITING CONSTRUCTION WHICH CREATES SURFACE WATER PROBLEM AMENDING ORDINANCE NO. 51A THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection (ba) of Section 4 of Ordinance No. 51A of the Village, is hereby amended to read as follows: "(ba) Paragraph (d) of Section 301 shall be amended to read as follows: "(d) Information on Plans and Specifications. Plans shall be drawn to scale upon substantial paper or cloth and shall be accompanied by specifica- tions of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of this Code or other ordinances or laws. "Plans shall include a survey of the lot upon which the proposed building or construction is to be done, prepared and attested by a registered surveyor, and providing the following information: (1) Scale of drawing. (2) Lot and block number. (3) Dimensions of lot and north point. (4) Dimensions of front, rear and side yards. (5) Locations of all existing buildings on the lot. (6) Location of proposed building or construction. (7) Location of stakes established by the surveyor along each side lot line a distance of 30 and 60 feet from the front lot corner. The maintenance of these stakes once established by the surveyor shall be the responsibility of the building permit applicant. (8) The side yard and set back dimensions of buildings located on adjacent lots. (4) The location of all easements as showrn on record plats. (10) Grade elevations at the following points; a. Each lot corner (either existing or proposed). b. Crown of proposed street at each lot line extended. c. Proposed lawn and driveway elevations at the street side of house. Such elevations may be based upon an assumed datum but shall be tied by the surveyor to a specified bench mark for which the elevation has been obtained from the Village Engineer's office. (11) The proposed disposal of drainage and surface waters, indicating direc- tion of surface water drainage by arrcwas." M Sec. 2. Said Ordinance No. 51A is hereby Further amended by adding thereto a new section * as fol? ows: "Sec. 5*. Surface Water Hazards and Interferences. (a) Denial of Permit. The Building Inspector shall deny a permit for construction or enlargement of a dwelling on ground which is too low for ade- quate drainage of surface waters. He shall also deny a permit for construction or enlargement of any building when it appears that the proposed elevations of the lot for which the permit is to be issued, in relation to the established or proposed grades of adjoining or nearby streets, will probably cause a change in the existing drainage of surface waters which :still result in substantial. damage to private or public property, or in substantial hazard or inconvenience to per- sons residing in the Village or travelling on its streets. (b) Interference with Surface Waters. No temporary or permanent obstruc- tion, diversion, bridging or confining of an existing channel or natural water- way through or over which any lake, stream or surface water naturally flows shall be made without the written approval of the Village engineering and build- ing department." Secs 34 This ordinance shall be in full force and effect immediately upon its passage and publication. Adopted by the Village Council this 12th day of June, 1961. Attest: • Village Clerk Mayor -2- ORDINANCE NO. 124 AN ORDINANCE REGULATING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF SWIMMING POOLS: PRESCRIBING STANDARDS AND REQUIREMENTS FOR THE CONSTRUC- TION, OPERATION AND MAINTENACE OF SWIMMING POOLS AND SWIMaiING POOL EQUIPMENT AND APPARATUSs PRESCRIBING DUTIES AND RESPONSIBILITIES OF THE HEALTH OFFICER AND BUILDING SUPERINTENDENTS AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include those in the plural number. The word "shall" as used herein is mandatory and not merely directory. "Health Officer" is the Health Officer of the Village or his deputy. "Swimming Pool" is any constructed pool, used for swimming or bathing, over 24 inches in depth, or with a surface area exceeding 150 square feet. "Residential swimming pool" is any constructed pool which is used, or intended to be used, as a swimming pool in connection with a single family residence, and available only to the family of the householder and his private guests6 "Public or semi-public swimming pool" is any swimming pool other than a private swimming pool "Main outlet" is the outlet at the deep portion of the pool through which the main flow of water leaves the pool when being drained or being recir- culated. "Main suction" is the line connecting the main outlet to the pump suction. "Vacuum fitting" is the fitting in the wall of the pool which is used as a convenient outlet for connecting the underwater suction cleaning equipment, 'Vacuum piping" is the piping which connects the vacuum fitting to the pump suction. "Return piping" is the piping which carries the filtered water from the filter to the pool, the pool. "Inlet" is the fitting or opening through which filtered water enters . "Face piping" is the piping with all valves and fittings which is used to connect the filter system together as a unit. -1- "Recirculating piping" is the piping from the pool to the filter and return to the pool, through which the water circulates. "Backwash piping" is the piping which extends from the backwash outlet of the filters to its terminus at the point of disposal. "Filter" is a material or apparatus by which water is clarified. "Underdrain" is an appurtenance at the bottom of the filter to assure equal distribution of water through the filter media, "Filter element" is the part of a filter device which retains the filter media. "Recirculation skimmer" is a device connected with pump suction used to skim the pool over a self-adjusting weir and return the water to the pool through the filter. "Filter media" is the fine material which entraps the suspended parti- cles. "Filter sand" is a type of filter media. "Filter rock" is graded rock and gravel used to support filter sand. "Filter aid" is a diatomite type of filter media. "Diatomite type filter" is a filter designed to be used with filter aid. "Diatomite" (diatomaceous earth) is a type of filter aid. "Skimmer -filter" is a recirculating skimmer with a filter forming an integral part of the device. "Filter septum" is that part of the filter element in a diatomite -type filter, upon which a cake of diatomite is deposited. "Precoat" is in a diatomite -type filter the initial coating of filter aid placed on the filter septum at the start of the filter cycle. "Body feed" is filter aid fed into a diatomite -type filter throughout the filtering cycle. "Filter cartridge" is a filter element which employs no filter aid. "Cartridge filter" is a filter using filter cartridges. "Design rate" is the average flow rate over the filtration cycle. "Pool depth" is the distance between the floor of the pool and the maximum operating level when pool is in use, -I?- "Pool deck" is the finished area around the pool. "Width and length" shall be determined by actual water dimensions. "Lifelineanchors" are the rings at transition point. "Transition point" is the point between shallow and deep area. "Pool wall" is that portion of the pool that is vertical or inclined more than 450 to the vertical from the horizontal. "Pool floor" is that portion of the pool that is horizontal or inclined less than 450 to the vertical from the horizontal. Sec. 2. Approval bv Health Officer and Buijdirwt Inipector, Construc- tion Permit. Before work is commenced on the construction of a swimming pool, or any alteration, addition, remodeling or other improvement to a swimming pool, three sets of identical plans and specifications and pertinent explanatory data shall be submitted to the Health Officer for approval relative to design, opera- tion and maintenance insofar as health and safety features are concerned in accordance with the standards prescribed by this ordinance, and a permit shall be obtained from the Building Inspector. Approval by the Health Officer shall not pertain to design for structural stability, The Building Department shall not issue a permit for a swimming pool until the plans and specifications there- for have been endorsed and approved by the Health Officer, A permit shall also be obtained for any repair to a swimming pool. Sec. 3. Plans to be Submitted. Plans, specifications and pertinent explanatory data required to be submitted with an application for a permit to construct a swimming pool or any alteration, addition, remodeling or other improve- ment to a swimming pool shall comply with the provisions of this ordinance and include the following plans and information as well as such other data as may be reasonably requested by the Health Officer and Building Inspectors (a) Plans shall show, but not be limited to showing, the general layout of the entire building lot on which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewers and sewage disposal sys- tems, utilities (electric, gas, telephone, etc*) or other sources of contamination within 50 feet of the pool and be drawn to a scale of not smaller than one-fourth inch — one foot, thus indicating all dimensions, including the effective length, width, depth, and width of the pool deck and similar items. (b) Cross -sectional views of the pooh (c) A cross section of scum gutters and/or skimmers. (d) Pipe diagrams showing material and size of all pipes, inlets, outlets, make-up water lines, vacuum lines, waste and discharge lines, circulation and other piping. (e) The pool equipment layout, showing filters, their location, pumps, chlorinators, chemical feeds, flow meter gauges,, sight glass, strainers, hair and lint interceptors, if one is proposed, the dimensions of the filter room, its location, floor drain, sumps and other pertinent information. (f) The liquid capacity of the pool. 3- (g) The kind, number and size of filters, including the square footage of the filter area in each unit, (h) Rated capacity of the filter in gallons per minute. Q) A description of chemical feeds for soda ash and alum, if used. (j) The type, kind and description of chlorinator to be installed,. (k) The type and range of testing equipment, including chlorine,, (1) Source of water supply. Sec, 4. Construction in Accordance with Approved Plans Deviations All swimming pools, appurtenances, water supply and drainage system and other features shall be constructed in conformity with the approved plans. if any deviations from such plans are desired, a supplementary plan covering that portion of the work involved shall be filed for approval and shall conform to the provisions of this ordinance„ Sec. 5. Permit fees, The fee for a permit for the erection or con- struction of a swimming pool shall be $10.00 for each 500 square feet of surface area and $1 for each additional 100 square feet or fraction thereof of surface area of the proposed pool, as shown by the plans and specifications submitted with the application for permit. The fee for a permit for any alteration, addi- tion, remodeling or other improvement shall be $10.00, and for any repair shall be $5.00, Sec. W Construction, The design and construction, as well as all equipment and materials, shall comply with the following requirements, (a) Structural Design._ The pool structure shall be engineered and designed to withstand the expected forces to which it will be subjected. The walls and door of a pool incorporating a plastic line;, shall be of masonry construction. (b) t'dI Desi2nTo a depth up to three feet from the water level, the wail shall be vertical No right angle projection shall be permitted with exception of steps at shallow end. (c ) F3;oorloees The slope of the floor on the shallow side of the transi- tion point shall not exceed one foot vertical to ten beet horizontal. The transi- tion point between shallow and deep water shall occur in a water depth of at least five feet, provided that this may be four and one-half feet if a safety line is erected at this point, The maximum slope where water is five feet or more in depth shall not Exceed one foot verticaliy in each three feet horizontally, pro- vided that the floor slope from the point of maximum depth to the deep end wall may be one foot volt cally in each one foot horizontally. (d) Oeerflo:w aaad Sur aceDrain gee The pool and surrounding area shall be constructed and arranged in such a manner that no splash or overflow water shall return to the poor No surface or roof drainage shall be permitted to enter the pooh -4- (e) Finish and Cove. Pool floor and walls shall have a cleanable, white or similar light-colored and impermeable surfaceo The pool floor shall be skid resistant, There shall be a minimum cove or rounded corner of one inch radius or more of the pool floor and wall, or other such interior construction, Where the water depth is less than five feet, the maximum radius of such cove shall be twelve inches. (f) Handholds;, Handholds shall be provided and consist of a bull -nosed coping not over two and one-half inches thick for the outer two inches or an equivalent approved handhold. The handhold shall not be more than nine inches above the normal water line and shall extend around the entire periphery of the pool. (g) Pool Decko Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around the pool. The deck area shall be constructed of impervious material, and the surface shall be such as to be smooth and easily cleaned and of non -slip construction. The deck shall have a pitch of at least one-fourth inch to the foot, designed so as to pre- vent back drainage into the pool. If deck drains are provided, drain pipe lines shall be at least two inches in diameter; drain openings shall have an open area of at least four times the cross -sectional area of the drain pipe. The deck drain system shall have indirect connection to the sanitary sewer. The deck drains shall not be connected to the recirculation system piping. (h) Steos or Laddersm Two or more means of egress in the form of steps or ladders shall be provided for all private residential swimming pools. At least one such means of egress shall be located on a side of the pool at the deep end and one at the shallow end of the pool, Treads of steps and ladders shall be constructed of non -slip material and shall be at least three inches wide for their full length. Ladders and step holes shall have a handrail on both sides. Steps shall be located only at the shallow end of a pool. (i) Diving Area Minimum depths and area shall be as followst Boards Maximum Minimum Water Distance of Distance From Minimum Minimum Distance Distance Depth Five Deep Point Deep Point to Diving From Side Wall Above Feet from Tip from Diving Transition Board to Center of Water of Diving Board Wall Point Overhang Board Deck Level 18" 80 106 100 2je 70 Inter- 30" 80 11 ° 110 �%� 0 7 jo mediate 1 Meter 39,37" 8i0 12° At least 13 feet of free and unobstructed headroom shall be provided above diving boards. One depth marking shall be provided in the deck or the wall of the pool above the high water line indicating the greatest depth in feet, Diving structures shall be securely anchored. 0 The minimum depth for all pools hereafter constructed shall be 8 feet. 0 • Sec. 7. Filter Characteristics. (a) Filters in General. Every pool shall be equipped with a recirculat- ing system capable of filtering the entire contents of the pool in twelve hours or less. (1) Filters shall be capable of maintaining the clarity of the water to permit the ready identification, through an eight foot depth of water, of a disc two inches in diameter, which is divided into fuur quadrants in alternate colors of red and white. (2) Filter capacity shall be such that it need not be cleaned more frequently than once every four (4) days under proper conditions of water and operation. (3) All pressure filters shall be equipped with influent and effluent pressure gauges to determine the pressure differential and frequency of cleaning All other filters shall be equipped with at least one pressure, vacuum or com- pound gauge, as applicable, which shall be positioned in such a way as to deter- mine the differential across the filter and the need of cleaning. (4) All pressure filter systems shall be equipped with an air release at the high point in the system. (5) Operating instructions shall be posted on every filter system. All valves shall be properly designated, indicating their purpose. (6) Where dissimilar metals are used in the construction of the filter, which may set up galvanic currents, then suitable provision shall be made to resist electrolytic corrosion. (7) Filters shall be so designed and installed that they can be readily disassembled and the filter elements removed. (b) Pressure Filters. Pressure filter systems utilizing sand or other equally effective filter media acceptable to the Health Officer shall be designed and installed to operate at a rate not to exceed three gallons per minute, per square foot of filter area and to backwash at a minimum rate of twelve gallons per minute, per square foot of surface area. (1) Filter tanks shall be fabricated to meet the 1956 ASME Specifica- tions for non -code pressure vessels, with the exception that standard type dished and flanged heads may be used. Tanks shall be built for a minimum of 50 pounds working pressure and tested at 150 PSI. The filter underdrain shall have an effec- tive distribution of at least 25% of the cross sectional area of the tank. Tanks shall not be placed underground. (2) Filter tanks shall be supported in a manner to prevent tipping or settling. (c) Filter Media Specifications for Sand Filters. (1) The principal filter medium shall be, as a minimum, a hard, uniformly graded silica material with effective particle sizes between O.45 and O.55 milli- -6- • meters in diameter, with uniformity co -efficient of 1.75. There shall be no lime- stone, clay or deleterious matter present, (2) The principal filter medium shall be no less than 20 inches in depth with a freeboard of no less than 12 inches, (3) There shall be no less than four grades of rock, which shall be clean, non -crushed, rounded, non -porous, non -calcareous material, (4) The total depth of the rock supporting bed shall be no less than 16 inches and each grade shall be two inches or greater in depth. Each layer of rock shall be leveled to prevent intermixing of adjacent grades, (5) The top lay shall vary in size between one -eighth inch and one - quarter inch. The next layer shall vary in size between one -quarter inch and one-half inch. The next layer shall vary in size between one-half inch and three-quarters inch. The bottom layer shall vary in size between one inch and one and one-half inches. (6) Other filter media and related filter and backwash rates may be used subject to approval by the Health Officer. (7) Patented underdrain systems may be used provided that they give results which are equal to or better than that above. (d) Diatomite Type Filters. (1) Diatomite type filters shall be designed for operation under pres- sure or vacuum, The design capacity shall not exceed two gpm per square foot of effective filter area. (2) The determination of the filter area shall be made on a basis of a true and effective supported septum surface. In the case of fabric septums, the area computation will be made on the basis of measurements of the septum support in a reasonably constant plane, Area allowance shall not be granted for folds in the septum fabric or deviations in the septum surface which could easily bridge. (3) The tank containing the filter elements shall be constructed of steel, plastic or other suitable material, which will satisfactorily provide resistance to corrosion, with or without coating. Pressure filters shall be designed for a working pressure equal to the shut-off head of the pump, with a safety factor of four. Vacuum filters shall be designed to withstand the pressure developed by the weight of the water contained therein and closed vacuum filters shall, in addition, be designed to withstand the crushing pressure developed under a vacuum of 25 inches of mercury, both with a safety factor of 3,5. In either type filter where the tank is fabricated from material which is corroded by water, then a suitable corrosion resistant coating shall be applied to retard such attack. - 7- a (4) The filter elements shall be fabricated of corrosion -resistant materials throughout They shall be designed to be adequately resistant to a differential pressure between influent and effluent of not less than the maxi- mum pressure, which can be developed by the circulating pump and shall be of adequate strength to resist any additional stresses developed during the clean- ing operation. The filter septum, on which the filter -aid cake is deposited, shall be provided with openings, the minimum dimensions of which shall be not greater than 0.005 inches (5) Provisions shall be made to introduce filter aid into the filter in such a way as to evenly precoat the filter septum before the filter is placed in operation, The amount of filter aid shall be selected to provide at least the same protection to the filter septum as would be provided by the use of 0.1 lbs. of filter aid per square foot of filter area per 24 hours. Use of additional equipment to provide body feed to the filter influent is optional. Where provided, such equipment shall have the capacity to continuously and uniformly feed at a rate of not less than 0.1 lbs. of filter aid per square foot of filter area per 24 hours. (6) The filter piping shall be so designed that during the precoating operation, the effluent from the filter shall be recirculated or run to waste and shall not be fed into the pool until free of filter aid. An exception to this requirement may be made if the filter septum is of such construction that, no perceptible quantity of filter aid is introduced into the pool when the effluent discharges therein. (e) Cartridge Type Filterso Cartridge type filters are those where the cartridge itself is the filter aide Cartridge filters may be either pressure or vacuum type and are subject to the same general piping and tank specifications as diatomite -type filters. Replacement cartridges are divided into two typess depth and areao General specifications, however, are the same for both. Cartridge filters shall not require the addition of any flocculating agents such as ammonium alum, aluminum sulfate or potassium alum. They shall be subject to the same require- ments listed under subsection (a) of this section for all types of filters. All types of cartridges shall have sufficient structural strength to resist rupturing, channeling, collapsing, or bursting at a maximum pressure differential of 50 psi. Cartridge sales shall be so designed as to prevent any by-passing of unfiltered water. If provision is made for back -washing, it shall be so arranged as to not permit any backwash water to enter the recirculating system. No residue shall be permitted to remain in the filter -housing that could be picked up in the next filtering cycle. Cartridge elements shall be of either of the following typess (1) Depth type cartridges, where the porosity varies from the inlet to the discharge surface. They shall have sufficient depth to provide adequate dirt -holding capacity and be designed for a flow of no more than one gallon per minute per five cubic inches of volume with a pressure drop not to exceed two psi across clean cartridges and not to pass any particulate matter larger than 25 micronso Ma (2) Area or surface type cartridges, which rely on the surface area for their dirt -holding capacity and follow the same flow per square foot of area as diatomite filters, namelys three gallons per minute per square foot of filter area for vacuum filters. (f) Additional Standards for Cartridge Type Filters (1) Filters shall be capable of filtering the entire contents of the pool in twelve hours or less. (2) Filter capacity shall be such that it need not be cleaned more frequently than once every four days under proper conditions of water and operation. (3) All filters shall be designed so as to permit easy removing of the cartridges. Seca 8. Recirculation Pumps. (a) The recirculating pump shall have sufficient capacity to pro- vide the rated flows of the filter system, without exceeding the head loss at which the pump will. deliver such flowso The pump motor shall not be operated at an overload which exceeds the service factor. (b) The pool pump shall be equipped on the inlet side with an approved • type hair and lint interceptor. The basket of the interceptor shall be non -corro- sive and have an open screen surface at least four times the cross sectional area of the inlet pipe, (c) When the filtering and pumping equipment is installed above ground at a level below the overflow level of the pool as may be dictated by the contour of the plot on.which the pool, is constructed, a valve shall be installed on the main suction line located in an accessible place outside of the wal.lf, of the pool, Sec. 9. Pool Piping. The pool piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head at which the pump will provide such flows. In general, the water velocity in the pool piping should not exceed more than ten feet per second. Where velocity is to exceed ten feet per seconds summary calculations shall be provided to show that rated flows are possible with the pump and piping provided. The recircula- ting piping and fittings shall meet the following requirementss (a) Where vacuum fittings are provided, they shall be located in accessible positions below the water line. (b) Pool recirculation pipings passing through the pool structures shall be copper, brass, or approved equal tubing with a minimum wall thickness of type "L,". (c) Pool piping systems shall be constructed of materials prescribed in the 'tillage Plumbing Code. (d) Installation of the pool piping,, except for the pool water supply line must be done by the pool contractor subject to inspection prior to covering the systems Scc: 10< Rec .atinS Sk f11Min _ Devices, R-Icirculatinc sk;imrriing devices shall be provided to skim the surface of -the pool.,, with one unit installed to serve each pool;; and such additional units as may be required, to provide a minimum of one for each 600 square feet of pool water surface or fraction thereof_. The location of recirculating skimmers and the pool inlets shall be carefully determined so that the pool inlets assist -the skimming action to adequately remove the surface film on the pool water sur- face. When pools are irregularly or specially shapedr skimming devices shall be located in each offset, (a) The recirculating skimmers shall be of sufficient total capacity to be ably to remove 40% to 60% of the content of the pool; the main outlets at the bottom of the pool also to be of sufficient capacity to remove 40% to 60%:, The skimming action shall be as uniform as practicable, with good circulation toward the skimmers and without "dead spots" on the pool water surface, Where skimmer -filter combination units are to be installed, the influent shall be regulated in such a manner as to consist of 40f; to 6016 passing through the skimmer section of the device and 40% to 60% of the flow from the main drain„ (b) It shall be possible to regulate the rate of flow through the skimming device, Each device shall be individually valved and capable of being discharged to waste, (c) The floating weir .in the recirculating skimmer shall be self-adjusting to variations in pool water level over a range of at least three inches. (d) A device shall be incorporated therein to prevent airlock in the suc- tion line, (e) An easily removable and cleanable basket or screen shall be provided to rap large solids. (f) Skimming devices shall be built into the pool wall, Sec,, 11, Inlets. Inlets shall be located so as to produce as far as possible uniform circulation of water throughout the pool. without the existence of dead spots, (a) A minimum of two inlets shall be required for poolsq with an additional Inlet for each additional 40 lineal feet or fraction thereof of pool periphery over 120 lineal feet. Where automatic skimmers and skimmer -filter units are used, inlets shall be instailed so as to direct the flow of water in a horizontal plane to the skimming device inlet_, The minimum discharge depth of pool inlets shall be 10 inches below the pool operating level, When irregular shapes are incorporated into pools, additional inlets shall be installed in each offset, (b) Suitable facilities for adding make-up water as needed shall be provided., There shall be no physical connection between the water supply line and the pool System,. If the make-up grater is added directly to the pools the fill spout shall be at least six inches above the upper rim of the pool. If the make-up water line discharges to a surge or balancing tank;, the point of discharge shall be at least six inches above the rim of the tank;, If a hose connection from a sill cock or other plumbing fixture is to be used for supplying make-up water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose connection, Any sill cock used for this service shall be located above ground level, No over -the -rim fill spout will be accepted unless located under a diving board or installed in a manner approved by the Health Officer so as to remove any hazard. (c) The systems supplying recirculated water and make-up water to pool shall be constructed in conformance with the Village Plumbing Code: Seca 12o Main Outlets, (a) The main outlets, for purposes of recirculation and empyting the pool, shall be so located as to provide at least one outlet at the deepest point in the pool if the pool width does not exceed twenty feet. If the pool width is more than twenty feet, multiple outlets shall be provided and spaced not more than twenty feet apart, nor more than ten feet from wallso All main outlets shall be equipped with gratings having an area of openings not less than four times the cross -sectional area of the outlet pipe. The gratings shall be of such design so that they cannot be readily removable by bathers and will not injure bather's fingers, (b) Pools shall be equipped with facilities for completely emptying the pool and other drainage by gravity if elevations permit, and the discharge of the pool water to the sanitary sewer, or other suitable disposal unit acceptable to the Health Officer, shall be at the rate not exceeding 250 gallons per minute. No direct connection shall be made to the sewer. The outlet from the pool recir- culation systems shall terminate at least six inches above the rcccptacle connected to the sewer. The drainage system shall be constructed in conformance with the provisions of the Village Plumbing Code and under the supervision of a licensed plumber. Water drained from the pool shall not be discharged to the sanitary sewer system during periods of rain or storms, Sec. 13, Heaters. Gas -fired swimming pool heaters and swimming pool boilers shall bear the American Gas Association seal of approval. Oil burning equipment shall bear the Underwriters Laboratory seal of approval. Sec. 14. Water Supply,. Water supplies serving all swimming pools shall be of a safe sanitary quality or otherwise acceptable to the health officer. The installation of the pool water supply piping and connection to the source of supply shall be under the supervision of a licensed plumber. Sec. 15, Tests. All pool piping and the installation and construction of the pool piping system shall be in accordance with the approved plans. The entire pool piping system shall be tested with an air test of 50 PSI and proved tight before covering or concealing. Sec. 16. Chemical Treatment and -Pool Water Xcility, Gaseous chlorinating systems shall not be used as a disinfecting method for residential swimming poolso Residential swimming pools, public and semi-public pools shall meet the following standards. (a) Free Chlorineo The free chlorine content shall be maintained between five -tenths (0.5)and one (1.0) parts per million. (high -free residual chlorine may be used.) (b) Alkalinity., The pH level shall be maintained at 7.1 and 7.8. (A higher pH is permitted if high -free residual chlorination is used.) (c) Bacteriological Quality. A sample of swimming pool water shall be con- sidered satisfactory when the total bacteria count at 350 centigrade does not exceed 200 colonies per milliliter and no organisms of the E. Coli group are present. in a 10 milliliter portion or 100 milliliter portion as determined by the membrane -il- • filter method, If more than one sample out of seven collected on different dates is unsatisfactory, the bacterial quality of the pool water will be considered unsatisfactory. Procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, Sewage and Industrial Wastes, llth edition (1960). Sec„ 17. Indicator Kit, An indicator kit capable of measuring free chlorine residuals in swimming pool water ranging from one -tenth to one part per million shall be provided. An indicator kit capable of measuring the degree of alkalinity (pH) of the pool water ranging from_6.8 to 8.0 shall also be provided. (If high -free residual chlorination is �uied, kits capable of measuring higher values shall be provided). Seco 18. Safety Rope and Anchors. A safety rope and anchors shall be provided at the water line when the designed pool operating water level is 4J feet or less. Sec. 19, Electrical Requirements, (a) All electrical installations provided for, installed and used in con- junction with residential swimming pools shall conform with the Village Code. (b) No current -carrying electrical conductors shall cross residential swimming pools, either overhead or underground or within 15 feet of such pools, except as necessary for pool lighting or pool accessories. (c) All, metal fences, enclosures, or railings near or adjacent to residen- tial swimming pools, which might become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded, Sec, 20, Operation and Maintenance, No residential swimming pool shall be used, kept, maintained or operated in the Village, if such use, keeping, main- taining or operating shall be the occasion of any nuisance or shall be dangerous to life or detrimental to health, Sec. 21,, Inspection, The Health Officer shall have authority to inspect any residential swimming pool at any reasonable time during construction and there- after to determine whether or not the provisions of this ordinance regarding health, sanitation, operation and safety applicable thereto are being complied with. The Building Inspector shall have authority to enter upon any premises as it may be deeded necessary to inspect work done and installations made under permits issued by the Building Department, Sec, 22. Shielding Li4htso Lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises. Sec. 23. Location. No portion of a swimming pool or appurtenances thereto shall be located at a distance less than ten feet from any side or rear property line, nor in front of the building line, -12- Sec„ 24. Fences. All swimming pools shall be completely enclosed by a non -climbing type fence. All fence openings or points o entry into the pool area enclosure shall be equipped with gates, The fence and gates shall be at least four feet in height and shall be constructed of a minimum number eleven gauge woven wire mesh corrosion -resistant material, or other materials approved by the Building Inspector. All gates shall be equipped with self - closing and self -latching devices placed at the top of the gate or otherwise inaccessible to small children. All fence posts shall be decay or corrosion - resistant and shall be set in concrete bases, or other suitable protection. The openings between the bottom of the fence and the ground or other surface shall not be more than four inches. Sec. 25. Safely rrecautions. (1) A skilled swimmer shall be present at all times that residential swimming pools are in use. (2) Every residential swimming pool shall be equipped with one or more throwing ring buoys not more than 15 inches in diameter and having 60 feet of 3/16 inch Manila line attached, and one or more light but strong poles with blunted ends and not less than twelve feet in length for making reach assist or rescues. (3) Diving board height above the pool water level shall be in accordance with Section 6, subsection W . The Health Officer may authorize greater diving board heights when it is shown that such increased height will provide an equally safe diving board height -maximum pool depth ratio, • Sec. 26, Other Design and Eaui2Ment. Any swimming pool, the design and equipment of which incorporate features other than those set forth herein shall be subject to review and approval by the Health Officer in accordance with acceptable standards and in conformance with current public health and safety practices. Sec. 27. Public or Semi -Public SWimmin4 Pools. Swimming pools other than residential pools shall be constructed and operated in conformance with standards for such installations promulgated under Minnesota State Board of Health, Regulation Number 285. Three copies of such standards, marked "Official Copy," have been placed on file for use and examination by the public in the office of the Village Clerk. In addition, the person, firm, corporation or agency proposing the construction of a swimming pool other than residential shall file with the Health Officer, prior to the beginning of any construction, two copies of the report prepared and issued by the Minnesota State Department of Health showing approval of the plans, and two sets of plans upon which such approval is indicatcd by stamp, seal or other official marking of that agency. The Health Officer, upon having had an opportunity to review the mat- erial furnished by the builder as provided herein, shall, upon approval, so advise the Superintendent of the Building Department and furnish said Department one set of plans approved by the Minnesota State Department of Health. The remaining set of plans shall be retained in the files of the Health Department, The Health Officer and Building Inspector may enter upon any premises for the purpose of conducting pre -construction surveys, intermediate construction investigations, and operational investigations. Such entries may be made at such times as may be deemed necessary to determine that the facilities arc constructed in accordance with approved plans, and maintained and operated in accordance with State Department of Health Standards. -13- El Secs 28,, Penaltiesw, Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and subject to a fine not exceeding $1009 or imprisonment for a period not exceeding 90 days, with costs of prosecu- tion in either case: to be added„ Sec, 29. Separability, If any section., sub -section sentence,. clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional b-• any court of competent jurisdiction, such portion shall be deemed a s-pa,rate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereofo Adopted this 28hday of ,e August ,_t 1961, (Signed) ARTHUR C. BREDESEN. JR� Mayor Attests (Signed) GRETCHEN So ALDEN Village Clerk Published in the Edina-Morningside Courier August 31 , 1961,, 40 No. 131 AN ORDINANCE ESTABLISHING A MUNICIPAL LIQUOR DISPENSARY AND REGULATING THE OPERATION THEREOF, LICENSING AND REGULATING THE SALE OF INTOXICATING AND NON -INTOXICATING MALT LIQUORS, AND PRESCRIBING PENALTIES FOR ILLEGAL SALE, DELIVERY OR PROCUREMENT OF SUCH LIQUORS Section 1. Definitions. As used in this ordinance: (a) "Person" includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also the municipal liquor store. .(b) "Minor" means any person under 21 years of age. (c) "Intoxicating liquor" means ethyl alcohol, and distilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. (d) —Non-intoxicating malt liquor" means any potable beverage with an alcoholic content of more than one-half of one per cent by volume and not more than 3.2 per cent by weight. (e) "Sale and "purchase" include all barters, gifts, sales and other means used to obtain or furnish liquor as above des- cribed, or any other beverage, in violation or evasion of this ordinance none of whose members, officers, agents or ing to the dispensary as may seem advis- employees are paid, directly or indirectly, able to it from time to time, and shall any compensation by way of profit from report on such problems referred to it or the distribution or sale of beverages to the considered on its own motion and make members of the club or to its guests, beyond recommendations thereon to the council. the amount of such reasonable salary or wages as may be fixed and voted each year Section 4. Dispensary Fund Created. by the directors or other governing body. I I' d' f d PART A. (a) A muniapa iquor ispensary un is hereby created in which all revenues received from the operation of the dispen- THE MUNICIPAL LIQUOR DISPENSARY sary shall be deposited and from which all Section 2. Dispensary Established. There ordinary operating expenses shall be paid. is. hereby established a municipal liquor (b) The handling of municipal liquor dispensary for the off -sale of intoxicating j\dispensary receipts and disbursements shall liquor. comply with the procedure prescribed by Section 3. Location and Operation. \ law for the receipt and disbursement of village funds generally, and the accounts (a) The dispensary shall be located at thereof shall be examined annually by the State j_IN such suitable place in the Village as the d council determines by motion. However, no Public Examiner. \1 premises upon which.taxes or other public levies are delinquent shall be leased for (c) The accounting procedures of the dispensary shall be established by the com- but the I dispensary purposes. mission, maintenance of a per - petual daily inventory shall be provided for. (b) The management of the dispensary shall be under the control of the council. Section 5. Hours of Operation. The dis- The dispensary shall be in the immediate pensary shall not be open for business of charge of a liquor store manager selected any kind during the hours when sales of by the council, and paid such compensation intoxicating liquor are prohibited. as is fixed by the council. The manager shall operate the dispensary under the direction of the council and shall perform such duties in connection with the dis- pensary as may be imposed upon him by the council. He shall be responsible to the council for the conduct of the dispensary in full compliance with this ordinance and V with the laws relating to the sale of liquor "+ and beer. -� (c) The council shall also appoint such (f) "On -sale" means sale for consump- additional employees as may be required tion on the premises only. for the dispensary and shall fix their com- pensation. All employees, including the (g) "Off -sale" means retail sale in the manager, shall hold their positions at the original package for consumption away pleasure of the council. No minor shall be from the premises only. employed in the dispensary. (h) "Original Package" means any con- tainer or receptacle holding liquor, in which the liquor is corked or sealed at the place of manufacture. (i) "Cafe" or "restaurant" means any place where preparing and serving lunches or meals to the public to be consumed on the premises constitutes the major business thereof. (d) Every employee required for the dispensary, including the manager, shall furnish a surety bond to the Village, con- ditoned upon the faithful discharge of his duties, in such sum as the council specifies. The bond premium may be paid by the Village or by the employee in the discretion of the council. (e) There is hereby created an advisory (j) "Food handling license" means a commission consisting of three individuals appointed by the council. The members of license granted by the village council under the provisions of the ordinance of the Vil- ( said advisory commission, which shall be "Edina loge providing for the licensing of food � \ known as the Liquor. Control Commis handling establishments. sion," shall be appointed by resolution of the council. All members of the Commission (k) "Club" means any corporation dulv \ shall serve without compensation. Members organized under the laws of the State of of the commission shall be appointed for a Minnesota for civic, fraternal, social or term of three calendar years. The first • business purposes, or for intellectual im- commission under this ordinance, as amend- provement, or for the promotion of sports, ed, shall consist of three of the present which shall have more than fifty members, members of the commission who shall be and which for more than one year shall designated by resolution adopted by the have owned, hired or leased a building council. One of said three members shall or space in a building for such event and be appointed to serve for one year, another character as may be suitable and adequate for two years, and the third for three years. for the reasonable and comfortable ac- commodation of its members, and whose (f) Said Edina Liquor Control Commission affairs and management are conducted by shall consider such matters relating to the a board of directors, executive committee, dispensary as may be referred to it by or other similar body chosen by the mem- Y the council, and shall on its own motion bers at a meeting held for the purpose, v make such investigation of problems relat- Section 6. Conditions of Operation and Restrictions on Consumption. (a) The dispensary shall not have swing- ing doors. All windows in the front of the dispensary shall be of clear glass and the public view of the whole interior shall be unobstructed by screens, curtains or parti- tions. There shall be no partition, box, stall, screen, curtain or other device to obstruct the general observation of any part of the dispensary room by persons in the room. However, partitions, subdivisions or panels not higher than 48 inches from the floor shall not be construed as such obstructions. (b) No business other than the sale of liquor shall be carried on in the dispensary except the retail off -sale of beer and soft drinks. (c) No pool or billiard table shall be kept in any part of the dispensary. (d) No liquor or beer shall be sold on credit. (e) No person shall be permitted to loiter about the dispensary habitually. (f) No minor shall be permitted to remain on the dispensary premises. (g) All restrictions relating to the manner of conducting the sale of intoxicating liquor on premises licensed for such sale, and the maintenance of order on such premises, shall also apply to the municipal liquor dispensary, insofar as they can be made applicable. All duties imposed by such restrictions on the licensee shall be imposed on the dispensary manager, with regard to the manner of conducting the business of the liquor dispensary. Section 7. Violation by Employees. Any employee of the dispensary wilfully violat- ing any provision of this ordinance or any provision of the laws of the State of Minne- sota relating to gambling or the sale of intoxicating liquor or non -intoxicating malt liquor shall be discharged. —31— 6� t PART B. �C SALE OF INTOXICATING LIQUOR Section 8. License Required. No person shall, directly or indirectly, upon any pre- tense or by any device, manufacture, im- port, sell, exchange, barter, dispose of or keep for safe any intoxicating liquor with- out first having obtained a license there- for. Such license shall permit the on-s of intoxicating liquor only. A license as herein described may be issued only to a club Which_- held a- club" license, prior tc -.- January 1, 1940, fo`r-the sale of intoxicaxin.g' liquor. No license shall be issued to any club which after January 29, 1934, has been convicted of any wilful violation of any law of the United States or the State of Minnesota, or any local ordinance, with regard to the manufacture, sale, or distri- bution of intoxicating liquor, nor to any club whose license under this ordinance is after said date revoked for any wilful violation thereof, or of such laws. Section 9. Application for License. Every person desiring a license shall file a verified application therefor in writing with the clerk in the form to be prescribed by the council. The application shall be accom. panied by a corporate surety bond in the sum of $3,000 to be approved as to legal form by the attorney for the Village, and as to sufficiency by the council; or in lieu of such bond, cash or bonds of the United States of a market value of $3,000 may be posted. Such bond shall be conditioned as follows: (a) That the licensee will obey the laws relating to the sale of liquor; (b) That the licensee will pay to the Village when due all taxes, license fees, penalties and other charges provided by law; (c) That in the event of any violation of the provisions of any law relating to the sale of intoxicating liquor, such bond shall be forfeited to the Village; (d) That the licensee will pay to the extent of the principal amount of such bond any damages for death or injury caused by or resulting from the violation of any provision of law relating thereto, and in such cases recovery under this sub- division (d) may be had from the surety on his bond. The amount specified in such bond is declared to be a penalty, the amount recoverable to be measured by the actual damages; provided, however, that in no case shall such surety be liable for any amount in excess of the penal amount of the bond. Section 10. Fees. All applications for licenses shall be accompanied by a receipt from the village treasurer for the required annual fee for the respective license. All such fees shall be paid into the general fund of the Village. Upon rejection of any application for a license, the treasurer shall refund the amount paid, and the bond of said applicant shall be returned to him. The annual fee for a license shall be $100.00. All licenses shall expire at noon on April 1st in each year. G` Section 11 Granting of Licenses; Trans- PART C. SALE OF ferability. The council shall cause an investi- gation to be made of all the representa- NON -INTOXICATING MALT LIQUOR tions set forth in the application. Oppor- Section 14. License Required. tunity shall be given at a regular or special meeting of the council to any person to (a) No person shall sell, vend, deal in be heard for or against the granting of or dispose of, by gift, sale or otherwise, any license. After such investigation and or keep or offer, for on -sale or off -sale, approval of the required bond, the council any non -intoxicating malt liquor without shall grant or refuse such license in its first having received a license therefor as discretion; provided, that no license shall hereinafter provided. become effective until it, together with the (b) On -sale licenses shall be granted bond, has the approval of the council. All y only to private golf clubs owning and oper- licenses hereunder shall be issued to the - ating club houses for their members, in applicant only, for the premises described in the which the serving of such liquor is inci- application, and no license shall be transferable either as to licensee or premises n dental and not the major purpose of such n without the approval of the council. H club, and to not more than four (4) regu- �� larly established restaurants; provided, that --Section 12. Manner of Conducting Sale 4 no license may be granted to a minor, or of Liquor. 1 I to any person convicted of any wilful violation of any law of the United States (a) Every licensee shall be responsible ? or the State of Minnesota, or any local for the conduct of his place of business and ordinance, with regard to the manufacture, shall maintain conditions of sobriety and order therein. sale, or distribution of intoxicating liquor. No on -sale license shall be granted to any (b) No liquor shall be sold to any minorVvided, such restaurant or club, where such restau- or to an intoxicated person, directly orrant or club has not been in operation at indirectly. that place for at least 6 months immedi- (c) No minor shall be employed in anyately preceding such application; pro - rooms constituting the place in which in- however, that the council may waive toxicating liquors are sold, said requirement of 6 months' operation (d) No licensee shall keep, possess or by a 4/5 vote. operate, or permit the keeping, possession (c) No on or off -sale license shall be or operation n the premises, or in any room adjoiningthe licensed on- f-granted hall 4or center. bowling bowlingeaalley,dancehallo any recreational premises trolled by him, any slot machines, dice or 'place where dancing is permitted, or other other gambling device or apparatus, nor ^i place of public gathering for the purpose permit any gambling therein, nor permit I 1 of entertainment; amusement, or playing the licensed premises or any room in the '- of games, or to any one for the purpose some or in any adjoining building, directly of selling non -intoxicating malt liquor in or indirectly under his control, to be used such places. No license shall be granted as a resort for prostitutes or other dis- for sale on any premises where a license orderly persons. hereunder has been revoked for cause for (e) No equipment or fixture in any ``cc at least one (1) year after such revocation, licensed place shall be owned in whole o except that on unanimous vote of the in part by any manufacturer or distiller council such license may be granted at any of intoxicating or non -intoxicating malt time after such revocation. liquor. (d) No on or off -sale license shall be (f) No license shall be granted for opera- granted to any manufacturer of non-intoxi- tion on any premises upon which taxes or cating malt liquor, or to anyone interested assessments or other financial claims of the in such manufacture. Village are delinquent and unpaid. (e) No on or off -sale license shall be (g) All premises licensed hereunder shall granted to premises within 250 feet of any be open to inspection by any police or public school. health officer or other properly designated officer or employee of the Village at any time during which the place so licensed shall be open. (h) No person of known immoral charac- ter and no disorderly person shall be per- mitted on the premises. W All licensed premises shall have the license therefor posted in a conspicuous place at all times. (j) No club shall sell liquor except to members and guests of members. Section 13. Revocation. Any license is. sued hereunder may be revoked by the council without notice, or upon hearing by the council, for any violation of any provi- sion or condition of this ordinance or the state licensing law, or any falsification of any statement in the application. No portion of the license fee paid into the Village treasury shall be returned upon revocation of license. Section 15. Application for License. All applications for any license to sell non - intoxicating malt liquor shall be made on forms to be supplied by the Village setting forth the name of the person asking for such license, his age, representations as to his character with such references as may be required, his citizenship, the location where such business is to be carried on, whether such application is for on -sale or off -sale, the business in connection with the license which the proposed licensee will operate, whether applicant is owner and operator of such business, the time such applicant has been in that business at that place, and such other information as the council may require from time to time. Section 16. Fees. All applications for licenses shall be accompanied by the re- quired fee, for which the village clerk shall give the applicant a receipt. All such fees shall ,be paid into the general fund of G�� L-'L7-st.�oRO.ovI —32— OIRDINANCE NO. 131-1 A 01? D I 111 A I "i C E J�Z'IT DING ORDI11AN E D,10. 1-11 A1%,TD PROHIBITING ­Z, JC I "L TSIT ITHE' P1TH`Z1,7__S-_E U01,NHPTIOIT OR POSSESSION OF INTOX1G,iTI!NTG Llc`UC.-R jjJT N.':N INTOXICATING IMLT LIQUOR BY MINORS AND PROjjjBYf*1,'--1('! ITr"z, , "'-I TIQ1fjINC. TO vDIORS, IN !�OF 83UM LIQUOR I I %. 1,0 a Seel -ion 1, The tit,!,- C_ of Ordinl­.nci- lso, amended t re d. as follows: "Purchase, possci..-,ion, and consumption Of irItOXic,71til1r, liquor and non-into.-,:icatir, rw'.lt 151f,uor byr;,,inor-111. 0 in Section 2. Secti,)n 'C Or 02`dJ ' 0. !31 to recd as follows: "Section 30. 'urol.1asz by mLnor. No person less than-21'. yeas of age shi-,11- purf_`mse, dix-ectly or indirectly, any mtbxicating liamor or no-i—into,,deating, malt liallor." Section 3, sectj3n 31 o: '.)rdinance No, 131 is awnded to read as follows: "Section 31t 1'j-sx-opresantition of csre. 1,,o person less than 21 C.� Fears of ai-, c-hell repro.sent that he is 21.years of age or over for the of cbtP;inJ_aE..,, intoxicating malL liquor." S,ection !j, " ­ - " "I of (>rdilnance 1,7o. 131 there are inserted three new Sections ;_. be ruberemd Section .32 Section `�' read a.- folloio-: 2 i and Section 34 which 113ection 3_2, Fos,.o, -1on or consmription by minor. No person less than 21 years of shal"I or cnnsume Lntom,.cat.-!.al.-_ liquor or non. -in oxicn t ink malt 111.quor, eY,(;%p1L-. in vrr personal pre once or pursuant to the uthorizatJon of hi! paront or lawful guardian. an. I "Section Fu"nl )inr- to rdinor. No person shall purchase for or furnioh to any person less 'ic>n 21 years of apre �my intoxicatin'r liouor or non- intoydeat -1-ng. iri the pz1X_:­�-nal. presence or purs-nant to the ivritten .4uthori.-.-.'.cn of hic -p--t-l-ent or law.f',.01 [,,u.,1.1.rc�,jarL. "Section ?;,, Reljr"j(�us se_rvioas c-nd uiedfczo.l treatUment excepted, Mothinfr -J..n j- U the. fox---ing Shall be decmed to I prohibit the use of twine in the c�mrse of re1,i-1-i -10 ser%rictes uor the v,_e of 'Liquor pursuant to the directions of a ph-.s,'cian as a me,terof `Lre;.ltment.!i c-ion 5. Sections 32, 33 and 34 of Ord' lmance 1140. 131 are renimbored as _section 35, Section 36, and Section 37, respective3,y. J'i-doT)ted the 14th day of Febriv?xy, 1955, T: (Signed) GREMCM3i S. ALDEN Acting Village Clerk (Signed) EEUBEN F. ERICKSON Mayor Published in Edina.-1,11orring, side Courier "Karch 3 and 1.0, 1955. Ul` 117E C _1 PAL LTQU)R DISPENSAF'ZY T12 LIQUOR CU�TIFIRC.7, ION TIHE VILLAIGE �.,17 'MAGH 07 MM, MWUM, DOES ORDAIN AS FOLLOINS: Section 1. M. po,hy W and W) of Snctici 3 of Ordinance No,. 131 of the Revised Ordli,-nai4c 731!z7c 97 EQra-vro hereby amended to read as follows: "(b) The gene7a! monagcmcnt M W K3ponsary Ehall be uneor the control of the vWaye nanoDer, but the dispensary shall be in tno charp, G.:a liquor store manager ,selectee,; by the village manager. The liquor store manager shall perform such duties in M oprratiun of the dispensary as may be pre -- scribed by the villago manager, but his compensation shall be fixed by the council. The liquor store manager shall be responsible for the nonluQ of the dispensary in full compliance with this ordinance ane with the laws relating to the sale of liquor and borrZ C (c , ) The villaqe manager shall also appoint such additional cmployces as may to oequired for the dispensary and shall fix tholy compensation in accordance with Council approved schedules. All perEons coployod in the dispensary, including the manager, shall Kold their nosivicKs at thb pleasure of the village manager. No Jt minor shall be emrloyed in the dispensary.* Section 2. T=agraphs (c) and (f) of Section 3 of said Ordinance No. 131 are hereby repealrd and rescinded. Sec tica 3. Faraprarts (b) and (a) of Mction 4 of S3 d Ordinance Vo. 131 are hereby smended in 7& as follvn� "fib) The handling of n77!W:n! Yc:cn;vny wacripts and disburse- ments shall corply with inn pry:20i2 noLocrAhod by law for W) receipt and disbursu*nt o! 7111cla Funds qcAvyally? ."(c) The accounting procndqros of established by the Mingo mnnagor, perpetual daily inventory shall bi Adopted by the Council this 14th day of ATTEST: (Sig -nod) GRETC-T-R-:1,11 3, Village the dispensary shall be but the maintenance of a provided for." january, 1957. (Signed) ART. FUR C.BREDESEN, jR. Mlayor Published in Edina-nowninqsidc Courier January 17 and 24p 1957. i a VILLAGE OF EDINA HEE,ffdEPIN COUNTY, MTNNESi'JfA ORDINANCE NO. 131•-3 AN ORDINANCE AMENDING THE LIQUOR ORDINANCE OF THE VILLAGE OF EDINA AS TO THE NUMBER AND TYPE OF PERSONS WHO MAY BE GRANTED ON -SALE LICENSES FOR IHHE SALE OF NON -INTOXICATING MALT LIQUOR THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section lu Paragraph (b) of Section 14 of part C of Ordinance d No. 131 of the Village is hereby amended to read as follows: -� y "(b) On -sale licenses shall be granted only to private clubs J which have been incorporated for more than ten years and which own and operate club houses for their members in which the serving of such liquor is incidental and not the major purpose of such club, and to regularly established restaurants; provided, that no license j��� Z may be granted to a minor, or to any person convicted of any wilful violation of any law of the United States or the State of Minnesota, or any local ordinances with regard to the manufacture, sale, or • distribution of intoxicating liquor. No on -sale license shall be granted to any such restaurant or club, where such restaurant or club has not been in operation at that place for at least 6 months immediately preceding such application; provided, however, that the council may waive said requirement of 6 months' operation by a 4/5 vote." Section 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Adopted this llth day of February , 195 7. ATTEST: (Signed) ARTHUR ��. LREDESEN, JR. r ETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier February 21 and 28, 1957. AN ORDINANCE AMENDING THE LIQWR ORDINANCE OF THE VILLAGE OF ED:INAB AS TO THE SALE OF NOWINtOSICATING 10 MALT LIQUOR IN BOWLING ALLEYS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS$ Section 1. Paragraph (b) of Section 1.4 of part C of Ordinance No. 131 of the Villages as amended, is hereby further amended to read as follows: "(b) On -sale ltcer.se� shall be granted only to private clubs which have been Incorporated for more than ten years and which__.?, c+wn and operate club houses four _thwir members eft which the i serving of such liq,,or is incidental and not the major purpose �v of such clubs to regularly established restaurants, mind to bowling alleys; providedp twat no license may be granted to a minor, or to -i� any person convictec: of any wilful violation of any law of the United States or the State of Minnesota, or any local ordinances with regard to the :manufactures sales or distribution of Intoxi- cating liquor. No rn_sale_li.cense shall be granted to any such restaurants club„ bowling alley, where such restaurant, club or bowling alley has not been In operation at that place for at least 6 months immediately preceding such application; provided# however# that the council may naive said requirement of 6 months' operation by a 4/a vote Section 2. Paragraph (c) of Section 14 of Part C of Ordinance No. 131 of the Village Is hereby amended to read as followss "(c) No on or off -sale license shall be granted to any theatre,, I recreational,hall or centers dance hall or place where dancing is permitted, or other place of public gathering for the purpose of entertainment# amusement, or playing of games# except bowling alleys. No license shall be granted for sale on any premises where a license hereunder has been revoked for cause for at least one (1) year after such revocations except that on unanimous vote of the council such license may be granted at any time after such revocation: Section 3© Paragraph (b) of Section 18 of Ordinance No. 13.1 of the Village Is hereby amended to read as follows: "(b) In any place licensed for the on -sale of non -intoxicating malt liquorr# except bowling alleys# the liquor aell be served and con- sumed at tables in the dining or refreshmersr room of the cafe# r stauranto hotel or club, and ahalt not by ,)nttimed o-t served at the aami, may be serv+t*i at ,.�. untersx whor* food 10, rt -gul ar l y served and cxunsuwted All windows in the front of any 4" -4Y rl a;,e sh,al) be and the vie" of tbt- whole interior n1�,tx be u:rk>st!.rEic:teci r, ar:reenss rtortains o. &rt fhexe shall be no partition% 'box, staii# screen, curtain 6r of air devioe which shall obstruct the view of any part of :said room from tho general observation of persons in said room; provlded, howevea# that partltions# subdivisions, or panels ar- not higher than 48 inches from the floor shall not he construed as in conflict with the fore- going; and providedg however, that such license shall entitle 't,hra hr,lder t1tereof to serve non-Inttoricating malt ligEsors in a %epeN-ato room of such restaurannt, to banquets or dinners at which ,area ; re%sent. xiot less than 6 persons r 4p ORDINANCE NO. 131-4 0 -2- Section 4. 'This Ordinance shall be in full force and effect from anti after Its passage and publication according to lAw. Adopted this 12th day of April, 1957, ATTEST: Si ne �1d EMIL P. FRM S fgngd GRE c-mN S . A1,I?E _ -- IMayor Pro Tem .� Village Clerk Published In Edina-Moarningside Courier May 16 and 23, 1957. Is 0 ORDINANCE NO. 131-3 AN ORDINANCE AMENDING THE LIQUOR ORDINANCE TO PERMIT SAIZ OF NON -INTOXICATING MALT LIQUOR (3.2 BEER) AT GOLF CUJRSES THE VILLAGE COUNCIL OF THE VILLAGE OF EDIN1, MINNESOTA, ORDAINS: Section 1. Paragraph (b) of Sep%cion 14 of Ordinance No. 131 of the Village, as amended, is hereby furthe-- amended to read as follows: "(b) On -Sale licenses sha:! be granted only to private clubs which have been in:orporated for more than 10 years and which own and c,erate club houses for their members, in which the s,rving of such Liquor is incidental and not the major pLciose of such club, to regularly established restauran::, and to golf courses and bowling alleys; provided, that v license may be granted to a minor, or to any perso,i convicted of any wilful violation of any law of the 1-11ited States or the State of Minnesota, or any local orc:aance, with regard to the manufacture, sale or distrib�.•ion of intoxicating liquor. No on -sale license shall b► granted to any such restaurant, club, golf course or bouk'ng alley, where such restaurant, club, golf course c- bowling alley has not been in operation at that place ;or at least 6 months immediately preceding such applicatica; provided, however, that the council may waive said requ,rai,%nt of 6 months' operation by a 4/5 vote." Sec. 2. Paragraph (c) of said Section 14 is i.N-iby further amended to read as follows: "(c) No on or off -sale license shall be granted any theatre, recreational hall or center, dance hall or place where dancing is permitted, or other place of public gathering for the purpose of entertainment, amusement, or playing of games, except golf courses and bowling alleys. No license shall be granted for sale on any premises where a license hereunder has been revoked for cause for at least one year after such revocation, except that on unanimous vote of the council such license may be granted at any time after such revocation." Sec. 3. Paragraph (b) of Section 18 of said ordinance is hereby further amended to read as follows: "(b) In any club or restaurant licensed for the on --sale of non -intoxicating malt liquor, the liquor sold shall be served and consumed at tables in the dining or refreshment room on the licensed premises, and shall not be consumed or served at -1- 0 bars; provided, the same may be served at counters where food is regularly served and consumed. All windows in the front of any such place shall be clear glass, and the view of the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which shall obstruct the view of any part of said room from the general observation of persons in said room; provided, however, that partitions, subdivisons or panels not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, that such license shall entitle the holder thereof to serve non -intoxicating malt liquors in a separate room of such restaurant to banquets or dinners at which are present not less than 6 persons." Sec. 4. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted this 14th day of May, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. Mayor (Signed) GRETCHEN S. ALDEN Village er Published ir, Edina-Morninoside Courier May 24, 1962. C7 the Village. Upon rejection of an applica- tion for license, the treasurer shall refund the amount paid. The annual fee for an on -sale license shall be $50.00. The annual fee for an off -sale license shall be $5.00. All licenses shall expire at noon April lst in each year; provided, that if eight months of any licensing year have elapsed when the application is made, the fee shall be reduced to one-half of the regular amount thereof. Section 17. Granting of Licenses. The pro- visions of Section 11 hereof, relating to the granting of licenses for the sale of intoxi- cating liquor, are also applicable to licenses for the sale of non -intoxicating malt liquor, except that no bond shall be required. Section 18. Manner of Conducting Sale of Liquor. (a) All restrictions relating to the manner of conducting the sale of intoxicating liquor on premises licensed for such sale, and the maintenance of order on such premises, shall also apply to the manner of conducting the sale of non -intoxicating malt liquor, and the maintenance of order on premises licensed for such sale. (b) In any place licensed for the on -sale of non -intoxicating malt liquor, the liquor sold shall be served and consumed at tables in the dining or refreshment room of the cafe, restaurant, hotel or club, and shall not be consumed or served at bars; provided, the some may be served at counters where food is regularly served and consumed. All windows in the front of any such place shall r�be clear glass, and the view of the whole interior shall be unobstructed by screens, I curtains or partitions. There shall be no PI partition, box, stall, screen, curtain or other device which shall obstruct the view of any �} part of said room from the general obser- vation of persons in said room; provided, however, that partitions, subdivisions or panels not higher than 48 inches from the floor shall not be construed as in conflict with the foregoing; and provided, however, that such license shall entitle the holder thereof to serve non -intoxicating malt liquors in a separate room of such restau- rant to banquets or dinners at which are present not less than 6 persons. Section 19. Revocation. The provisions of Section 13 of this ordinance shall also apply to non -intoxicating malt liquor licenses. PART D. MISCELLANEOUS PROVISIONS Section 20. Hours of Sale of Liquor. (a) No sale of intoxicating liquor or non -intoxicating malt liquor shall be made between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Monday through Saturday; nor between the hours of 1:00 A.M. and 8:00 P.M. on any election day in the district in which the election shall be held. (b) No sale of non -intoxicating malt liquor shall be made between the hours of 1:00 A.M. and 12:00 noon on any Sunday. (c) No on or off -sale of intoxicating liquor shall be made after 1:00 A.M. on Sunday, nor between the hours of 1:00 A.M. and 3:00 P.M. on any Memorial Day. (d) No off -sale of intoxicating liquor shall be made before 8:00 A.M. or after 8:00 P.M. on any day except Saturday, on which off -sales may be made until 10:00 P.M., and no off -sale shall be made on New Year's Day (January 1), Memorial Day (May 30), Independence Day (July 4), Thanksgiving Day, or Christmas Day (December 25), but on the evenings pre- ceding such days if the sale of intoxicating liquor is not otherwise prohibited on such evenings, off -sales may be made until 10:00 P.M., except that no off -sale shall be made on December 24 after 8:00 P.M. Section 21. Place of Consumption. No intoxicating or non -intoxicating malt liquor shall be consumed in a public park, on a public street, or in any public place. No such liquor shall be consumed in any of the places described in Section 14 (c) of this ordinance. PART E. ANTI -SPIKING PROVISIONS Section 22. No Liquor in Restaurants. No person shall take or carry any intoxicating liquor to or into any building or place for the purpose of consumption therein, or con- sume any intoxicating liquor in any build- ing or place, where such building or place is operated as a restaurant under a food handling license. Section 23. Mixing or Sale for Mixing Prohibited. No person shall mix, or sell for the purpose of mixing, any malt liquor, soft drink, or other liquid or beverage by ad- ding to or with the same any intoxicating liquor, in any building or place operated as a restaurant under a food handling license. Section 24. Illegal to Permit Mixing. No person shall suffer or permit the consump- tion of intoxicating liquor, or any mixing or spiking of malt liquor, soft drink, or any other liquid or beverage by adding to the same any intoxicating liquor, in any build- ing or place operated as a restaurant un- der a food handling license. Section 25. Presumption. The fact that any person in any building or place which is operated as a restaurant under a food handling license sold malt liquor, soft drinks or any other liquid or beverage to a person who thereupon and therein added to such liquid or beverage any intoxicating liquor shall be prima facie evidence that such liquid was sold by such person for the purpose of adding intoxicating liquor thereto, and shall be prima facie evidence that such person and his employer suffered and permitted the mixing or spiking of such liquid by adding intoxicating liquor thereto. Section 26. Penalty. Any person who shall violate any of the provisions of this ordi- nance shall be punished as for a misde- meanor, and if he shall hold a food hand- ling license for the operation of a restau- rant in which the violation of this ordinance occurred, on certification of such fact to the council by the court, such food license shall be revoked and no other food license shall be issued to said defendant or any corporation or partnership controlled direct- ly or indirectly bysaid defendant or, if .said defendant is a corporation, to any individual or partnership directly or indirect- ly controlling said corporation at the time of said violation, for a period of one year from and after the revocation of said license, except that on unanimous vote of the council such license may be granted at any time after such revocation. PART F. SALE OR DELIVERY OF INTOXICATING LIQUOR AT OFF -SALE Section 27. Place of Delivery of Posses- sion. For the purposes of Section 28, deliv- ery and sale of intoxicating liquor shall be deemed to occur at the place at which a purchaser accepts possession of the intoxi- cating liquor from the seller thereof or from his agent or employee. If the purchas- er of intoxicating liquor permits the seller thereof or any employee or agent of such seller to retain or reacquire possession thereof, the place of delivery of possession and sale for the purpose of this ordinance shall be deemed to be the place at which possession of such intoxicating liquor is thereafter redelivered to the purchaser. Section 28. Sales and Deliveries Limited to Municipal Liquor Store. Intoxicating liquor shall not be sold or possession there- of delivered within this Village, or caused to be thus sold or possession thereof deliv- ered, by any person, by any municipal liquor store, or by any agent or employee of such person or store, except on the premises in the Village of Edina occupied by the municipal liquor store. Section 29. Exceptions. Section 28 shall not apply to deliveries of intoxicating liquor by wholesale liquor dealers, warehousemen, or breweries to the municipal liquor store in the Village of Edina or to deliveries by said municipal liquor store to a wholesale liquor dealer, or to deliveries to any club holding a liquor license issued by this council. PART G. PURCHASE AND CONSUMPTION OF NON -INTOXICATING MALT LIQUOR BY MINORS Section 30. Purchase or Consumption of Non -Intoxicating Malt Liquor by Minor. No person less than twenty-one years of age shall purchase non -intoxicating malt liquor, or consume such liquor on any premises licensed for the on -sale of such liquor. Section 31. Misrepresentation of Age. No person less than twenty-one years of age shall represent that he is twenty-one years of age or over for the purpose of obtain- ing non -intoxicating malt liquor. Section 32. Ordinance to be Displayed by On -Sale Dealers. All establishments licensed —33— for the on -sale of non -intoxicating malt liquor are required to post copies of Sec- tions 30 and 31 hereof in every booth and near every table where such liquor is sold as well as to display a copy prominently behind every bar. Section 33. Ordinance to be Displayed by Off -Sale Dealers. All establishments licensed for the off -sale of non -intoxicating malt liquor shall prominently display a copy of Sections 30 and 31 hereof behind every b r or counter where such liquor is sold. Section 34. Revocation of License for Failure to Display. Any establishment which fails to post and display copies of Sections 30 and 31 hereof as required shall be subject to having its license to sell non - intoxicating malt liquor revoked. • —34— No. 141 demeanor whatever, or not being an agent, Section 11. Immoral, Shows. No person servant, or employee of a railway company, shall produce, give,. or take part in pro- AN'ORDINANCE DEFINING CERTAIN shall get on or off the cars or locomotives ducing or giving any immoral show or of any railway company operating its cars permit the same to be done. MISDEMEANORS AND PRESCRIBING A and locomotives within said limits while PENALTY FOR VIOLATION THEREOF Section 1. Violation a Misdemeanor. The violdtion of any of the sections or sub- sections of this ordinance by any person i Section 12. Exhibiting Animals. No per- son shall publicly exhibit or exercise or let to any animal of the opposite sex, any stallion, jackass, bull, boar, ram or billy goat. shalbe deemed a misdemeanor and shall �_ pose, awithout gthe consent osuch railway be punished b a fine of not more thanSection '13. Offenses Against Property. one hundred dollars or by imprisonment in company, its agents or employees. No.person shall commit an offense against the Village or county jail for not' more than Section 6. Disorderly Conduct. No person d0 property by violation of any of the follow - ninety days, together with the costs of ;- i or persons shall commit, do, make, aid, ing sections of Minnesota Statutes: prosecution in either case. The violation of countenance, or assist in committing, doing t lea) 620.52 (false advertising); each section or sub -section hereof shall be or making any noise, riot, disturbance, im- O n deemed a separate violation, each to be proper diversion or disorderly conduct, or \ I b) 620.55 (false measures); deemed, a.separate misdemeanor. shall collect in bodies or crowds in the c) 621.28 (damaging public property); Village, for unlawful purposes or to the d) 621.25 (destroying trees, etc.); Section 2. Offenses Against Public Justice. annoyance or disturbance of the citizens or e) 621,52 (malicious mischief); travelers. f }'621.33 (molesting public utilities); No person shall commit an offense against ' g) 621.34 (defrauding public utilities); public. justice by violating any of the fol- Section 7. Offenses Against Public Health h) 621.42 (no smoking signs); lowing sections of Minnesota Statutes: and Safety. No person shall commit an i) 621.30 (molesting railway property}; offense against public health and safety a) 613.26 (rescuing prisoners); j) 621.31 (trespassing on right of way); by violating any of the following sections k) 621.27 (breaking windows); b)-613.27 (unlawfully recovering property); of Minnesota Statutes: 1) c) 613.29 (escaping from confinement or 13 I) 616.26 (explosives). custody); d) 613.31 (aiding prisoner to escape); e) 613.34 (concealing escaped prisoner); f) 613.55 (refusing to make arrest or to aid officer); g) 613.56 (resisting public officer); h) 613.66 (intimidating public. officer); i) 620.46 (personating officer); j) 613.70(6) (conspiracy against public wel- fare or justice). Section 3. Compromising Prosecution.: No person who has made a legal complaint against any other person before a muni- cipal judge of the Village for the violation of any ordinance of the Village may settle or compromise the same after said com- plaint has been filed and before trial of such case, without permission from such judge. Section 4. Offenses Against the Public Peace. No person shall commit an offense against the public peace by violating any of the following sections of Minnesota Statutes: a) 615.01 (disturbing meetings); b) 615.04 (unlawful assembly); c) 615.05 (remaining after warning); d) 615.09 (aiming or discharging firearms); e) 615.10 (use of firearms by minors); f) 615.11 (silencer for firearms); g) 615.12 (disturbing peace in public con- veyance); h) 615.15 (provoking assault); i) 619.39 (assault; assault and battery). Section S. Loitering; Trespassing on Rail - Road Premises. No person shall hereafter be found lurking, lying in wait or con- cealed in any house or other building, or in any yard, premises, street, avenue, park or parkway, with intent to do any mischief, or to pilfer or to commit any crime or mis- the same are in motion or standing still, or trespass upon the yards or premises of such- railway company with the intent to obtain a ride upon such cars or locomotives or sleep in the some, or for any other pur- a) 616.39 (itinerant carnivals); b) 616.05 (adulteration or imitation of foods); 0 616.06 (sale of unwholesome poultry or game); d) 616.07 (protection of meat and fish); e) 616.42 (sale of firearms or ammunition. to minors), f) 616.25 (negligence in respect to fire); g) 616.34 (railroad warning signals); h) 616.20 (exposing person with contagi- ous disease); i) 616.17 (disposition of carcasses), j) 616.11 (careless distribution of drugs); k) 616.10 (common drinking cup). Section' 8. Dumping. No .person shall dump any manure or other refuse matter upon any public or private grounds in this Village, without permission of the Village Board of Health. Section 9. Spitting in Public Places. No person shall expectorate in or on any pub- lic building, public conveyance, or sidewalk abutting on any public street. Section 10. Offenses Against Chastity, Morals or Decency. No'person shall com- mit an offense against chastity, morals, or decency by violating any of the following sections of Minnesota Statutes: a) 617.64 (use of tobacco by minors); b) 617.59 (endangering life, health or morals of minors); c') 617.73 (cruelty to children); d) 617.23 (indecent exposure); e) 617.02 (lottery tickets); f ) 614.03 (running a lottery); g) 614.06 (gambling); h) 614.07 (allowing gambling devices on premises); i) 614.32 ,(disturbing religious meeting); j) 617.30 (disorderly house); k) 617.16 (fornication); I ) 617.24 (obscene literature). Section 14. Joy Riding. No person shall take : and use any automobile or other vehicle, or conveyance or other personal property belonging to another with intent to deprive the owner of the property of the temporary use thereof without the owner's knowledge or against the owner's will but not with the intent to steal or convert the same permanently to his own use. Section 15, Miscellaneous Offenses. No person shall commit an offense with regard to animals, insignia, intoxication, etc., by violation of any of the following sections of Minnesota Statutes: a) 614.42 (cruelty to animals); b) 614.50 (cock -fighting, dog -fighting, etc.); c) 614.47 (diseased animals); d) 340.96 (intoxication); e) 614.35 (unlawful use of insignia); f) 614.36 (desecrating flag); g) 674.37 (Memorial Day); h) 614.57 (vagrancy); i) 620.74 (ticket scalping). Section 16. Adulterated Cigarettes. No person shall manufacture, sell, give away, or use any cigarette containing any sub- stance deleterious to health, other than tobacco. No. 142 AN ORDINANCE DEFINING OFFENSES AGAINST PUBLIC PROPERTY AND PLACES AND PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF Section 1. Violation a Misdemeanor. The violation of any the sections of this ordi- nance by any person shall be deemed a misdemeanor and shall be punished by a fine of not more than one hundred dollars or by imprisonment in the Village or county jail for not more than ninety days, to- gether with the costs of prosecution in either case. The violation of each section hereof shall be deemed a separate violation, each to be deemed a separate misdemeanor. Iw1•Im Section 2. Excavations to be Guarded. Every person who shall have charge of the construction of any excavation or obstruc- tion adjacent to or under any sidewalk or street shall during the progress of such work cause such excavation to be securely guarded by a fence with at least two strings of good six-inch boards nailed not less than eighteen inches apart to posts securely fixed in place; such posts shall be not more than six feet apart, and the top of the highest post shall be not less than four feet and a half from the surface of the sidewalk or street, and from one-half hour after sunset to one-half hour before sun- rise shall illuminate such excavation or obstruction with red lights sufficient in number and so placed as to show the full extent thereof. Section 3. Removing Barricades. No per- son shall remove, throw down, run over, or interfere with any b rricode or bar- ricades lawfully directed, placed to guard and protect any gca aving, sidewalk construction or other work. Section 4. Injuring Uncompleted Construc- tion. No person shall walk upon, drive or ride over or cross any pavement in course of construction before the some has been opened for public travel, or over or across any uncompleted grading, or sidewalk con- struction which has not been opened for travel. Section 5. Blasting Precautions. No per- son shall blast or cause to be blasted within 300 feet of any building of this Village rocks or other material without having the same covered by good sound timbers, or sheet metal of sufficient weight, length and thickness and so placed as effectively to prevent fragments of rock or other material blasted from ascending into the air, or shall fail to notify persons ap- proaching the scene of any blasting that blasting is being done. Section 6. Placing Objects in Public High- t ways. No person shall place, throw, or to cause to be placed or thrown on any street, alley, sidewalk or other public property any M glass, tacks, nails, bottles, or other sub- stances or things that might wound any ` person or animal, or cut or puncture any pneumatic tire when passing over the same. Section 7. Spilling Substances in Streets. No person shall haul over the streets or alleys of this Village any loose material of any kind, except in a vehicle having a tight box so constructed as to prevent the splash- ing or spilling of any of the substances therein contained upon said streets or alleys. Section 8. Height_ of Hedge Fences. No person owning or controlling any hedge fence bordering on any street or sidewalk shall permit the same to grow to a height of more than three and one-half feet. Section 9. Hitching and Picketing Animals. No person shall hitch any animal to any lamp post, hydrant, water trough, drinking fountain, shrub or shade tree, or picket any animal in any of the streets, alleys, parks, or public grounds of the Village. Section 10. Obstructing Sidewalks. No person shall leave or allow to be left any implements, tools, boxes, merchandise, goods, trash, cans, crates, corn poppers, peanut roasters, ice cream containers, ad- vertising or show cases on any sidewalk or other public way longer than is necessary for loading or unloading the same. Section 11. Maintaining Sidewalk Level. No owner of any property having a side- walk adjacent thereto shall permit any plank, brick, stone, or segment of said sidewalk to be raised above the established level of said sidewalk more than one-half inch, in any manner which might catch the foot of a pedestrian, or shall permit any holes or depressions to occur in the side- walk in which a pedestrian might step or catch his foot in a manner liable to cause injury. Section 12. Posting Bills. No person shall put up any hand bills, advertisements, posters, show bills, or other sign on any building, pole, or property not his own, without permission from the owner thereof. Section 13. Defacing Public Property. No person shall cut, carve, mark, etch, engrave any character, figure, letter or name upon any building owned, occupied or used by the Village, or shall in any manner mar, deface or injure any trees, shrub, plant, vines, or any other public property in, on, or around the grounds upon which such building is situated. Section 14. Wilful Destruction of Public Park Property. No person shall wilfully and without authority cut, pluck, or other- wise injure any flowers, shrubs, or trees growing in or around any public park, or other public grounds of the Village, or shall wilfully injure or destroy any stand, bench, or other property situated on such park or ground. Section 15. Interference with Public Sew- ers and Culverts. No person shall wilfully injure or destroy, or attempt to injure or destroy, any public sewer or culvert, or shall molest any sewer or culvert, or any part of said sewer or culvert, by removing the cover of any flush lank, manhole or other part of said public sewer system or culvert, without authority so to do. Section 16. Withholding Village Property. No person shall take possession of any property, real or personal, belonging to the Village, or to the possession of which the Village shall be entitled, or shall commit any trespass thereon, or shall unlawfully withhold the property from the Village, and the unlawful withholding of such property, after demand therefor has been made un- der the direction of the village council, shall be deemed a new and separate offense for every day the possession is withheld after such demand. Section 17. Deposits on Sidewalks. When- ever any lot or piece of land abutting on any sidewalk shall become or remain in such a conditon that earth or other sub- stances therefrom accumulate on such side- walk, and the owner`of such lot or piece of land shall refuse or neglect to place the same in such a condition as to prevent such washing or accumulating on such side- walk, such owner shall be guilty of a misdemeanor, and each day that such own- er shall refuse or neglect to abate said condition after notice from the street com- missioner shall constitute a separate offense. Section 18. Interference with Sidewalks. No person shall loosen or remove any plank, brick, block, or support from any sidewalk, cross walk, curbing or gutter. Provided, this section shall not apply to persons making repairs on any sidewalk, gutter, curb or cross -walk, or any person temporarily removing the same on account of building operations. Section 19. Restriction on Awning. No person shall construct or install, or cause to be constructed or installed, any awning which is supported in whole or in part by posts or other supports set into the side- walk or street. Section 20. Throwing or Batting Balls on Streets, Etc. No person shall throw or bat any ball, stone, or other hard substance into, on or across any street or alley, or in any public place, or at or against any building or vehicle, or at or toward any person. No. 143 AN ORDINANCE DEFINING NUISANCES, PROHIBITING THEIR CREATION OR MAIN:TAMINCE AND PROVIDING A PENALTY FOR VIOLATION THEREOF Section 1. Nuisance Defined. A nuisance is a thing, act, occupation, or use of prop- erty which — (a) Annoys, injures, or endangers the safety, health, comfort, or repose of the public; or (b) Offends public decency; or (c) Unlawfully interferes with, obstructs, or tends to obstruct or render dangerous for passage, a lake, stream, canal, or basin or a public park, square, street, alley or highway; or (d) In any way renders the public inse- cure in life or in use of property. Section 2. Nuisances Affecting Health. The following are hereby declared to be nuisances affecting health: (a) All ponds or pools of stagnant water. (b) Milk which is produced by cows which have not been tested and found free of tuberculosis within the year previous to the offering of such milk for sale within the Village. (c) Privy vaults and garbage cans which are not fly -tight. (d) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, creamery, or industrial wastes or other substances. (e) All noxious weeds and -other rank growths of vegetation upon public or pri- vate property. (f) Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the occupancy of property uncom- fortable to a person of ordinary sensibil- ities. \ —36— 11 • Section 3. Nuisances Affecting Morals and Decency. The following are hereby de- clared to be nuisances affecting public morals and decency: (a) Any vehicle used for any immoral or illegal purpose. (b) Betting, bookmaking, prize fighting, and all apparatus used in such occupations. Section 4. Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety: (a) All wires which are strung less than fifteen feet above the surface of any street. (b) All buildings, walls and other struc- tures which have been damaged by fire, decay or otherwise, and which are so situated as to endanger the safety of the public. -(c) All buildings and all alterations to buildings made or erected within the fire limits as established by ordinance in viola- tion of the ordinance concerning manner and materials and of construction. (d) Radio aerials strung or erected in any manner except that provided by ordinance. (e) Any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. (f) All signs, awnings, and other struc- tures hanging over the streets or side- walks, so situated or constructed as to en- danger public safety. (g) The allowing of rainwater, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. (h) All dangerous, unguarded machin- ery, in any public place, or so situated or operated on private property as to attract the public. (i) The distributing of handbills except as provided by ordinance. Section 5. Penalty. Any person who shall knowingly cause or create any nuisance or permit any nuisance to be created or to be placed upon or to remain upon any premises owned or occupied by him shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than five dollars nor more than one hundred dollars and costs or by imprisonment in the Village or county jail for not less than five days nor more than ninety days; provided, that in event of failure to pay any fine or costs assessed upon any person he may be confined in the Village or county jail until said fine and costs are satisfied, and not to exceed three months. No. 144 AN ORDINANCE TO PROHIBIT NOISES DISTURBING THE PUBLIC PEACE Section 1. Unnecessary Noises Generally. No person shall make, continue, or cause to be made or continued, any unnecessary or unusual noise between the hours of 6 A.M. and 8 P.M. which either annoys, in- jures or endangers the comfort, repose, health or safety of others, or shall make, continue, or cause to be made or continued, between the hours of 8 P.M. and 6 A.M., whether in the operation of any machine or the exercise of any trade or calling or otherwise, any noise which either annoys, injures or endangers the comfort, repose, health or safety of others, unless the mak- ing and continuing of the some be neces- sary for the protection or preservation of property or of the health, safety, life or limb of some person. Section 2. Operation of Radios, Phono- graphs, Etc. No person owning, occupying or having charge of any building or premises, or any part thereof, shall cause, suffer or allow any loud, excessive or un- usual noise in the operation or use of any radio, phonograph, or other mechanical or electrical sound -making or reproducing device, instrument or machine, which loud, excessive or unusual noise shall disturb the comfort, quiet or repose of persons therein or in the vicinity. Section 3. Permit Necessary for Loud- soeakers. No person shall use or operate, or cause to be used or operated in any public street or place, or from any aircraft, or in front of or outside of any building place or premises, or in or through any window, doorway or opening of such build• ing, place or premises, abutting on or ad- jacent to any public street or place, any eevice, apparatus or instrument for the amplification of the human voice or any sound or noise, or other sound -making or sound reproducing devices, without a writ- ten permit from the village council. Section 4. Animal Noises. No person owning, operating, having charge of, or occupying any building or premises shall keep or allow to be kept any animal or bird which shall by any noise disturb the peace and quiet of any person in the vicinity thereof. Section 5. Advertising Noises. No person shall make or cause to be made for the purpose of advertising or announcing his vocation or presence, or in connection with the buying or selling of any goods, wares, merchandise, services, or anything whatso- ever, or with the carrying on of any trade, occupation, vocation, or profit -making activ- ity, an immoderate or excessive use of the voice, or of any bell, gong, horn, instru- ment, article or device. The violation of this section in connection with any license or permit shall be cause for the revoca- tion thereof. —37— Section 6. Engines to be Muffled. It shall be unlawful to operate or cause to be operated any noise -creating blower or power fan, internal combustion engine, air compressor or steam engine, the operation of which causes noises due to the explosion of operating gasses or fluids, unless the noise from such blower or fan is muffled and such engine or compressor is equipped with a muffler device sufficient to deaden such noises, so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be annoyed thereby. Section 7. Manner of Conducting Business. No person shall carry on or permit to be carried on any business or occupation in such a manner as to create unnecessary noise. No. 145 AN ORDINANCE DEFINING THE MAINTENANCE OF CERTAIN BARBED WIRE FENCES TO BE A NUISANCE, PROVIDING FOR ABATEMENT THEREOF, PROHIBITING THE ERECTION OF BARBED WIRE FENCES, AND PRESCRIBING A REMEDY AND A PENALTY Section 1. Nuisance. The maintenance of barbed wire fences within the corporate limits of the Village in or within 75 feet of any platted area, or within 75 feet of any residence other than that of the party main- taining such fence, or within 3 feet of any public sidewalk, is hereby found and de- clared to be a nuisance; provided, however, that this section shall not be applicable to barbed wire which is 7 feet or more above the ground. Section 2. Notice and Remedy. Owners of property with barbed wire fences which create nuisances as herein defined shall have thirty (30) days in which to remove such fences after having received written notice from the village clerk demanding their removal. In the event such fences are not removed within the above allowed time, or in the event any barbed wire fence is erected in violation of this ordinance, the village council may remove such fences or cause them to be removed and shall recover the entire cost thereof from the owner of such property by action in any court of competent jurisdiction. This remedy shall be in addition to the penalties hereinafter pro- vided. Section 3. Penalties. The failure of prop- erty owners to remove barbed wire fences within thirty (30) days after receiving no- tice from the village clerk as above pro- vided, or the erection of a barbed wire fence in violation of this ordinance, is here- by declared to be a misdemeanor. 0 � a ORDTNAE,10E N0; 141•-l- i"+N ORE INAIICE K Ar> E ND ING VILLAGE OF ED INA ORDINANCES NO. 141 AND PROHIBITIING THE ISSUANCE OF CHECKS bj'ITII 1I11SUFFTCTT-'�''T FUT ON DEPOSIT . dm P2!I.LrTTING PETTY LARCENY. TIM VI.LLAGE COUNCIL GF TIM VILLAGE OF EDINA, PJII MESOTA, ORDAINS: Section 1. Section 13, Ordinance No. 141 of the Village is hereby amended to read as follows; Section 13. (a) 620.52 (b) 620.55 (c) 621.28 (d) 621.25 (e) 621.52 (f) 621.33 (q) 621.34 (h) 621.42 (i) 621.30 (J ) 621.31 (k) 621.27 (1) 616.,6 (rn) 620.41 (n) '022.07 (false advertising); (false measures); (damagf.ng public prope.:ty)5 (destroying 'rods, etc.); (malicious mischief ), (molesting public utilities); (defrauding Public utilities); (no smoking signs); (molesting rail -jay property); (trespassing on right of way); (breaking windows); (explosives); (issuing checks with insufficient funds on deposit); (petty larceny). Section 2. This Ordinance shall be in effect from and after its passage and publication accordir,c to law. Adopted this 14th day of January, 1957. ATTEST: (Signed) ARTHUR C.. 3REDESEN, JR. (Signed) GRETCHEN S., AL DEN :1aypr Village ClexIc Published in Er's.na-I,,`ornings:ide Cour•ior Janut,ry 24 and 31, 1957. INFORMIATTON: 620,:41 Issuance of check to laborers; sufficient funds Every person, firm, or corporation who shall. issue any check, draft, or order upon a bank or other depository for the payment of money in payment of wages to a le.borer or employee without having steficient funds in, or credit in, such bank or oth,or depositor, 7 r'o:r 1e payment o'.'r such check, draft, or order in full upon its pre,sentation, shall I-,,- of a misdemeanor. Every person, firm, or corporation shall issue any ci_ecz;, draft, or order upon a bank or other depository for the payment of money for any purpose other than in payment of wages to any la?)orer or employee vjithout having sufficient funds in, or credit in, such Dark o- other depository for the payment of such check, draft or money order in full upon its presentation: shall be guilty of a misdemeanor, unless within ten days after the issuer sha11 have :received wri-.ten notice of dishonor, he shall deposit with the bank or Daher 6epository, or pay or tender to the party in possession of check, draft, or order sufficient money to constitute payment in full. The provisions of this section shall not apply to a check, draft, or order dated subsequent to the date of issue. D VILLAGE, OF EDINA II-0r,1EPIAr COMITY, T1I1 ;E`V)T^": ORDINANCE 140. 142-1 1' 07")IN YCE A.T�,IdDING' -DINANCE NO. 142 OF THE VILT AGE, I:.EL"iTI.:G TO 0FI7Fd .SE °,GAII'3T PU'1IC PLRA BY P70HIBITING DLrt900 OF 77GI W ICE IU PUSLIC 13ZT: THE VILLAGE COUNCIL OF TH7 VII 1 AGI; OF EDINA OFDA113: Section 1. `section 6 or Ordinance No. 142 of the Villare is here- hy amended to read as follows: "Section 6. Placing Objects in `streets. Uo person l� shall place, throw or dump, or cause to be placed, bib thrown or dumped on any street, alley, sidewalk or k ocher public road or h -hway (a) any accumulation of snow or ice or (b) nn7 Plass, tacks, nails, bottles or other substances or thines that minht hound any person or animal, or cut or puncture any pneumatic tire." • "ection 2. This ordinance shell be in effect from and after its ssare and nuhlication according to law. Adopted this 12th day of December, 3955, (Signed) RtIIBrld F. r;EtICKSON ---------- Mayor pest• (Signed) GRETCHEN S. ALD.EN Village Clerk Published in Edina Morningside Courier December J& 22,0955. is a ORDINANCE NO. 142-2 AN ORDINANCE AMENDING ORDINANCE NO. 142-1 OF THE VILLAGE, RELATING TO OFFENCES AGAINST PUBLIC PLACES, BY PROHIBITING DUMPING OF GRASS CUTTINGS, PAPERS AND OTHER TRASH ON PUBLIC STREETS. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 6 of Ordinance No. 142 of the Village, as amended, is hereby further amended to read as follows: "Section 6. Placing Obiects in Streets. No person shall place, throw or dump, or cause to be placed, thrown or dumped on any street, alley, sidewalk or other public roadway or highwa%, (a) any grass cuttings, papers, crash, oil, gasoline or other combustible material: (b) by mechanical means, any accumulation of snow or ice; (c) any glass, tacks, nails, bottles, cans or other substances or things that might wound any person or animal, or cut or puncture any pneumatic tire." Section 2. This ordinance shall be in effect from and after its passage and publication according to law Adopted this 26th day of February, 1962. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN Mayor Village Clerk is • ORDINANCE NO. 143-1 AN ORDINANCE lAXEND!NG ORDINANCE NO. 143, By DEFINING AND PROHIBITING ADDITIONAL NUISANCES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 143 of the Village is hereby amended by adding thereto paragraph (g) reading as follows: "(g) Accu°mulations in the open of discarded or disused machinery, household appliances and furnishings, or other material, or storage in the open of machinery, equipment, or materials not in normal use on the premises where stored, in a manner conducive to the harborage of rats, mice, shakes or vermin, or to firer health or safety hazards from such accumulations, or from the rank growth of vegetation among the items so accumulated." S-ecti . Section 4 of Ordinance No. 143 of the Village is hereby amended by adding thereto paragraphs 'j" and .'kreading as follows: "(j) aaste water cast upon or permitted to flow upon or over streets or other public property, but excluding the natural runoff of rain water or snow. "(k) Any well, hole, or excavation left uncovered or in such other condition as to constitute a hazard to a child or other person, being or coming upon the premises where the same is located; or any discarded or unused icebox, refrigerator, or other similar device or object which is left outside or in such condition as to be accessible to any child being or coming upon the premises where the same is located," Section 3. This ordinance shall become effective immediately upon its passage and publication. Adopted this loth day of February ATTEST: (Sign—W) tIRS; CHEN S. ALDEN Village Clerk (Signed) ARTHUR -Co. 3REDESEN3, JR. Mayor Published in Edina-Morningside Courier February 13 and 20, 1958. I-1 L-..J ORDINMNCE NO. 146 AiN O-J)I�NANTCE 1PROTHI133:C`i'ING FALSE: R,_EG13T._R1,LT ION AT HOT FTIZ !M IJUCEL,9 TIE VIIIAG"', CCUNCIL OF THE' VILLAGE OF EMINA: 0-1-i'DAINIS1 Section 1. False ETO P;:wcc'_-1 fl%;-.c-r rceriste:r at any notel or motel in the Vi.11an-^, or cuse any to be registered at any hotel or -.Totel., unde-Jlc an,-,7 o;- under o_-ny other than 1-iis ti-tie name. No per -sons, who are nolt. huzib=6 wife shall caul -3 or peii7dt, thems-31v�3s to be i--egil s".-'ered as h.usband nnd ;,-Ife at any hotel- or motc:l in the Village. Section 2. eP.i d tl8 s r Ai.,,v perZ,on who vic'l�..te any of the prov'si 'ons of t-bis *,Ldinance shal"J'_ be g,,�.Aty of a PisdeL,-ieanor and shall be punished by a fine of nct inore t1ian $UO or by imprisorriont fora term not to exceed S, three month Adopted -the 24th day of Jaruax,,y, 10155. F. ,,�Iayor (Sif--,ned) GKIETCHT]T' S. fJDEN Acting. Village Clerk P"ablished in Edina -'Morning sic! n Coixier Jzanuary 27 nnd. February 3, 1955, • (COPIED FROM MR. SPENCER'S DITTO COPY) Is ORDINANCE NO. 147 AN ORDINANCE PROHIBITING THE MANUFACTURE, SALE, LENDING, GIVING AWAY OR POSSESSION OF CERTAIN DANGEROUS WEAPONS AND INSTRUMENTALITIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS? Section 1. It shall be unlawful within the corporate limits of the Village of Edina for any person to manufacture, or caused to be manufactured, sell, offer or expose for sale, lend, give away, or have in possession any instru- ment or weapon of the kind commonly known as a blackjack, sand -club, or metal knuckles, slingshots, or other dangerous weapons of a similar kind; and no person shall manufacture, cause to be manufactured, sell, offer or expose for sale, lend, gave away, or have in possession, any dagger, dirk, stiletto, or other similar device of the type commonly known as a switch blade knife, spring blade knife, or push button knife. Section 2. Upon conviction of any person for violation of this ordinance, any of the aforesaid devices found in the possession of the defendant shall be destroyed in such manner as the court may direct. Section 3. Every person who directly or indirectly, aids, abets, counsels, encourages, hires, commands, induces or otherwise procures another to violate any of the provisions of this ordinance, shall be guilty of a violation thereof Section 4. The term "person" as used in this ordinance shall mean and include any person, firm, corporation, association, trustee, or receiver. Section 5. Nothing contained herein shall be construed to prohibit the possession of such instruments by any regular or special peace officer of the Village or other Municipality, or of any County or State, while engaged in the performance of his official duties. Section 6. Any person violating any of the provisions of this ordinance shall upon conviction thereof, be punished by a fine not exceeding $100.00, or by imprisonment for a period not exceeding 90 days. Section 7. This Ordinance shall be in effect from and after its passage and publication according to law. Adopted this 14th day of January, 1957 ATTEST (Signed) ARTHUR C. BREDESEN, JR. (Signed) GRETCHEN S. ALDEN MAYOR Village Clerk Published in Edina-Morningsiae Courier January 24 and 31, 1957. 4 • 0 L_ VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 148 AN ORDINANCE DEFINING DANGEROUS AND SUBSTANDARD BUILDINGS AND PROVIDING FOR THEIR VACATION, . REPAIR.,REMOVAL OR DEMOLITION THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Dangerous, Etc., Buildings a Nuisance. Any structure or building, or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions listed in Section 2 hereof to an extent that endangers the life, limb, health, property, safety or welfare of thr, public or the occupants thereof is hereby declared to be a public nuisance. Section 2. Conditions Rendering Building Dangerous or Substandard. (a) Inadequate Sanitation. (1) Lack of, or improper water closet, lavatory, bath tub or shower in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel. (3) Lack of, os improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating facilities. (7) Lack, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by Ordinance No. 51. (9) Room and space dimensions Less than required by Ordinance No. 51. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin or rodents. (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities. (b) structural Hazards. (1) Any door, aisle, passageway, stairway or other means of egress not of sufficient width or size, or not so arranged as to provide safe and adequate means of egress in case of fire or panic, for all persons housed or assembled therein who would be required to, or might use such door, aisle, passageway, stairway or other means of egress. (2) An stress in any material, element, member or portion thereof, due to all dead and live loads, which is greater than the working stresses deemed,reason- able and safe by the Building Official. (3) Damage to any portion of a building by earthquake, wind, fire, flood, or by any other cause, in such a manner that -the structural stability or strength thereof is appreciably less than the minimum requirements set forth in existing ordinances for a new building or structure of similar size, construction, location, and purpose. (4) Likelihood of any portion or member or appurtenance of a building to fall, or become dislodged or detached, or to cdlapse, and thereby cause bodily injury or property damage., (5) Settling of any building or portion thereof to such an extent that malls or other structural portions have been displaced or distorted and rendered struc- turally unstable or dangerous, or that the basic function of such element has been Impaired. (� T1)- f.3u3, B,.+St r i( :'it,rt' {� �C.'p N ;'a'i _�r7 t;:(�; :C?of, !Jac aause of dilie pi- d_itions de',-,exiorotion, ty construction, or because Of the removal or movement o some portion c r vhs ground neces:;ary fo.c the purpose of supporting such building or structure or p; rtion Ither+eof, or other cause, is likely to Partially or cornpl,stely c.n:l l4 , ^ ; or some port;on of the foundation or under- pinning is .likely to fall or give way. (7) The building o:i strunture¢ or any portion thereof, is for any reason whatsoever manif'est.iy unsafe for the purpose for which it is used or intended to Iv, used. (6) The exterior Tr:M:ils ,rr other vertical structural mer7bers list, lean, 01 bugle to such an eaten-':: th.,.ii" a plumb lane passing through the center of gravity of that call or nember does not f,311 inside the middle third of the base, (9) The building .),c .;;t"Uctureq exclusive cf the foundation, shows 33 per cent or more of damage or 6a ter i oration to the rnerrb-_r or members, or 50 per cent:, of damage or c,e ter ar�?t .ore of a non -supporting enclosing or outside wall or covering. (10) The building or ;tzucture has been so damaged by fire, wind, earthquake, flood, or has become so di.la�:d lated or deteriorated, from any cause whatsoever, as to tv corne an attractive nunsomco Lo children who might play therein to their danger, o,, t s to afford ord a has bor for +agrants, cri.ainals, r, . hmmoral persons, or as to enablo persons to resort thexato .for the purpose of comma f:ting nuisances or unlaw- ful or immoral acts. (11) Any building o_r structure which has been constructed or now exists or is maintained in violation or ;ny specific requirpc: ,cn;: or prohibition, applicable to such building or st;ructtura., of the Building orcaln noes of the Village or of any lz)a-, ox ordinance of this 3:,aite or Village rolating -t::o the location, use, and physical condition of buildings or c4tt_vctures. (12) Any building or st.rtacture which, whetha,_- o: not erected in accordance ifid-th a?1 ayr)rl.icable laws and or6inances, because of d-,iapidetion, deterioration, damage, or other cause is; .;o rjct,,iikaned or defectivc> ss to have in any non -supporting part, member or portion le ; , tr;,n 50 per cent, or i:a iiny supporting member less than, 66 per cent,, of the 3t.r �rowt°h, fire resisting joaities or characteri sties or �fe ..hex®resisting qualities or characteristics regui.red by law or ordinance in the case of a newly constructed bu:liding or structure of eoimilar size, purpose .and loci )tion. (c) Nuisance. Any nul,,,ance as defined in Ordinance No. 143 of the Village. (d) Nazardoul j� i.r°inr _ AU ,wing except that wM ch conformed with aI! applicable laws in c*f feet < t tljc, ti.rle of installat:_i.r�n and, which has been main tamed in good condition and teing used in a safe re arwer. �e) Hazardous PlumbiraL. :'15 plumbing except ghat whict. conformed wvith a1.i applicable laws in effect at the time of in sta l.lat .cn anid which has been maintained in good d condition and which is free of cross connet ilions and siphonage between ixturo's. M hazardous Mechanical Eguipment.. All mech.�,af cal equipment, including vent-, sxc ept that which conformed -,rith All applicable lbws in effect at the time of Installation and which has been ,,iatntalned in good Gnd safe condition., (g) Faulty t`leather Prutection,, a'1) Deteri.orated, co-imbl'Rng, or loose plan -,;car. (2) Deteriorated or ineffective waterproofLrg of exterior walls, roof, roundat'ions, or floors, inc:itidinel broken windows cx doo-rs. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or r,vaathering due to lace, (4 oaint or other approved protective covering. (d) Broken, rotted, 9plit,, or knuckled e;cterl-or walls or roof coverings. moteriaQ cf construution except alhowed or approvet by Ordinance No. 51 of the Village, end 1dach have been adequyLaly maintained In good W safe condition. Those pinalses on which an accumulation K coeds, vngetation, Junk. Vood ciganic matter, 6:40, garbage, offal, rat harboragY� pro;iInt wntor, cambustibtc namizln, and shmilor rptnials or conditions constitute unwo firz, health, of sain; Anzards. All builditis nportions thereof which are not rX0VLdco with the fire-rashtiva constiuction required by Ordinance No. 51 except those hvildinqs or portions thereof Wich confc.rr.sd v,.,ith ! applicable laws at the time of thei_- coast .­"cti oil td--oan Piro -resistive integri tj has been adequately maintained and ,Vroved.. (1) impipper 0c;jApgqSj, All buildings or pcxWns thereof occupied for living, slaoping, cookIng or eating pyyyo5os which were not jesigned or intended to be used for such occupancies... Section 3. Hhenaver it shall come to the attention of the OuMing Official, by Wtva complaint of any persna oy agency, that a building or sKuntuye is a dangerous on substardard building, the auilding Official shall, in the cawr5e of hia dui ins, cause a priliminary examinstion; Q be made of the building or winucture and premises. :If, in his reeacnable disciation, the Building Official belfavus than the building oy structure is a danqeyoiml :�:)uildinq or substandard building, he shall then cau, to he made a detailed inspection cf the building or atrurture. Tn the exacuticn of the Inspection ha shali avail himself of the services of tha Department of With aid the Fire Departmant iiWar an the Inspection concerns stself with Chess departnerts, Upon the comnlaWn of the inspaction, the Building WHOM shall -nMkt� a -xfr�tton raport, suppl,=r4e4nted �r,�iteen reports from the other agen"Ies, cilled upon ay hia 1i the execution of the inspection. The Building Official Wall then submit the Tepwr together with his zecnvmendations, augmented by the of tho otheT nyancies involvad in the inspection, to the Council. Section 4. Th; aooncil shall examine the report & thp 190oing Official, anK it QeTe is pr*abls oitne to believe that the building ox nvitcturn is a daigerous bWding or substandurY juilding, shall have the matter W AT iearinq and i notico of such Waxing Nall ho qlv?n as hereinafter provided. Section No0ce o! kin hearing shall be given in A - form proscribed iy it shall set forth the stiest, address and legal description suFficient foc Wenhilication of the pinMw; upon Abich the building or soyucturg is located. it ef all. ccrtain a brief stassant of the conditions mentioned in the rapm of the haildis; Official abich ahcw ryclable causs to believe that the building or structura in a nuisance mithin the m=07 A this ordinance. It shall o1wo state the date, hour w p. ce of the Waring anf Ghall order all interested �-#ho devire to be heacd W the matter to appear Worn the Council to show couss why the building R SWUMTe should not be Moved repaired, vacated and repaired, removed, or Qmclishp& Section 6. jervics it HOW 7 --- _ Via) one copy Cf s1ha-11 b,,- served upon the person, if any, in real or apowrent Margo and control oY th, premiss involved! the wacord owner; the holder 0 any nartgageg trist, Osed, ny MW lien or of record, the owner or holder of any lease of record; and the racord holder of am, azoar Mete or interest in or. -3- WPF'�6 the building o:. ,tracture ..-%:7 land upon t>:hich.t is located. (b) One copy of the not -ice shall be posted in a conspicuous place upon the building or structure or premises involved. (c) The notice of hearing shall be posted and served at least 10 days prior to the date set for the hearing. (d) The notice of hearing shall be served upon all persons entitled thereto either personally or by registered mail. Service by registered mail shall be effective on the date of mailing if a copy of such notice is so mailed, postage prepaid, return receipt requ sted, to each such person at the address of such person as it appears on the last equalized assessment roll of the County or as known to the Villegge Clerk. If no such adtzress so appears or is known to the Village Clerk, then a copy of the notice shall be addressed to such person at the address of the building or structure involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken hereunder. (a) The officer or employee upon serving the notice as provided herein shall file an affidavit thereof with the Village Clerk certifying to the time and manner in which such notice was served. He shall also file therewith any receipt Which may have been returned to him in acknowledgement of the receipt of such notice by registered mail. Section 7. Hear;nq. (a) Having given notice of hearing, the Council shall, at such hearing, hear and consider any evidence offaTed by the person or persons having any estate or interest in such building or structure pertaining to the matter set forth in the report of the Building Official. (b) The Council, upon conclusion of the hearing, shall make written findings of fact as to whether or not the building or structure in question is a dangerous building or substandard building within the terms of this ordinance. Section S. Stendards for Repaid Vacation and Repair. Removal or Demolition. The following standards shall be followed in substance and spirit by ordering the repair, vacation and repair, removal or demolition of any building or structure. Any order to remove or demolish, rendered pursuant to this ordinance, shall not indicate an alternative permission to repair, however, an order to repair may be satisfied by removal or demolition. If the dangerous building or substandard building can reasonably and economically be repaired so that it will no longer exist in violation of the terma of this ordinance, it shall be ordered repairad. (b) If the dangerous building or substandard building is in such condition as to make it dangerous to the health, morals, safety, or ganeral welfare of its occupants, it shall be ordered to be vacated. (c) In any case where a dangerous building is 50 per cent, or more, damaged or decayed, or deteriorated, it shall be ordered to be removed or demolished. (d) In all cases there a dangerous building or substandard building cannot be repaired, with a reasonable economy, so that it Neill no longer exist in violation of the terms of this ordinance, it shall be ordered to be vacated and removed or demolished. (e) In all cases where a dangerous building or substandard building is a fire hazard, existing or erected in violation of the terms of this ordinance or any other law or ordinance of this Village, or statute of the State of Minnesota, it shall be ordered to be removed or demolished. -4- Section g. Order „to Repair,, Vacate and Repair, Romove or Demolish. (a) If, from a full and fair consideration of the evidence and testimony Vreceived at the hearing, the Council shall determine that the building or structure involved is a dangerous building or substandard building within the terms of this ordinance, then it shall issue an order: 4b(1) That the building or structure must be repaired, vacated and repaired, removed or demolished. (2) That the occupant, lessee, or other person in possession must vacate said building, or that he may remain in possession while repairs are being made. (3) That any mortgagee, beneficiary under deed of trust, or any other person having an interest or estate in said 'building may, at his own risk, repair, vacate and repair, remove or demolish said building or structure according to existing law and ordinance. (b) The order shall set forth the street address of the building or structure and a legal description of the premises sufficient :or identification. It shall contain a statement of the particulars which render the building or structure a dangerous building or substandard building and a statement of the things required to be done. The order shall state the time within which the work required must be commenced, such time being not earlier than 10 days and later then 30 days after the issuance of the order, and such order. shall Further specify a reasonable time within which the work shall be completed. The time for completion may, by action of the Council, be extended for just causes and such authority for extended time shall be given in writing by the Council upon written application of any Interested party or parties, Section 10. O2r to be Served. Copies of the -order to repair, vacate and repair, remove or demolish shall be served to individuals and in the manner as prescribed above in Section 6. A copy of the order shall also be posted in a conspicuous place upon the building or structure as ;prescribed in said section. Section 11. Violation and Penalties for Disregarding Order. (a) The owner or other person having charge and control of the building or structure cited in the order who shall fail to comply with any order to repair, vacate and repair, remove or demolish said building or structure shall be guilty of a misdemeanor. (b) The occupant or lessee in possession who fails to comply with any order to vacate said building or structure in accordance with any order given as provided for In this ordinance shall be guilty of a misdemeanor. (c) Any person who removes or defaces or destroys any notice or order posted as required in this ordinance shall be guilty of a misdemeanor. Section 12. Accomplishment of Order by Villeq . Without waiver of the right of the Village to prosecute parties failing to comply with an order as provided in Section 11 hereof, the Council may, at its next regularly scheduled meeting, consider the noncompliance of such parties in the light of its impact and effect on the welfare of the public and the Village. Having done so, the Council may, if it so deems necessary in the interests of the Village, direct the Building Official to cause the order to repair, remove or demolish to be accomplished by contracting with any person, firm or association experienced in such matters for the repair, removal or demolition of such building or structure; provided, however, that if the cost of such repairs, removal or demolition will be $1,000 or more, the contract for such work shall be made with the lowest responsible bidder after a notice calling for bids on such work has been published at least once in the official newspaper not less than 10 days prior to the last day for submission of bids on such work. The Building Official shall certify the cost of such repairs, removal or demolition to the Council, which shall direct the Clerk to certify such amount to the County Auditor for collection as a special assessment with the next taxes to be certified to the County Auditor. The Assessment may be payable in such number of annual installments as tht Council may -5- fix, as provided by Minnesota Statutes, Section 429.061. The Clerk shall forth- with serve notice that such amount is to be assessed to the persons and in the manner described in Section 6. Such notice shall state the amount to be assessed and (if payable in installments) the number of annual installments, the rate of Interest to be charged on unpaid installments, and a date not less than thirty days thereafter before which the assessment can be prepaid to the Village Treasurer without interest. Section 13. -Seearability of Provisic:is of this Ordinance. The Council hereby declares that it would have adopted each separate provision of this ordinance, regardless of the adoption of any other provision, and if any remedy provided for in this ordinance be held unavailable or limited in effect, such limitation shall not affect the application of any other provision of this ordinance. Section 14. This ordinance shall be in force and effect from the date of its passage and publication according to law. Adopted this 28th day of April, 1958. ATTEST: (Signed) ARTHUR C. BREDESEN, JR. Signed) GRETCHEN S. ALDEN Mayor Village Clerk Published in Edina-Morningside Courier May 8 and 15, 1958. • I lb O'Jlt ,ii c:r: r C 148-1 Z Oftif.iNZW`i: , r':�l°FWING GttD!N,iNCz NO- 114,8 OF THE '1111;,GL, d--LITING TO 0.,NGat"CG,} Atli) 3Ut3-�T-,i3i?.' V-D bijIII-0JNG i AND PRUIDING ITDR TH act V:'waTI��N, P�',.1Fi, iiriCV,�L UR i3.OLIT1U�i The llil.laF.e Coltncil of ti,e Village: of iaii►ja, Mlinnesota, ordains-, ee�tiio� .eetian 29 absectiuri �a) - l8j, of Ordinance i9oa lk-8 of the Village is hereby a.mendod to read falloffs: (8) Lack of r.dnimum amounts of natural li.ghL and ventilation roq,uired by Ordinance No. 51A Section,2. .3ectian 2, Subsection (a) - (9)', of Ordinance No, 148 of the grillage is Itsreby amended to rw.&d as follows: (9) Room and space dimensions Ness than required by Ordinance No,, 51A. Section 3. Sw-,.ti:,n 21, .subsection (i), of Ordinance No. 1148 of the Village is hereby arrended to re:ui as follows: (i) Faulty 14aterials of Construction, All P"terials of ccnstructian e:.ceept tht; se which are specifically allowed .,r approved by Ordinance No. 5JA of the Villaee, ..►na which have been adwjuatel;j maintained in good and safe eunai.tiun. :section 4, aaction 2, Juhsectioa (k),, of Ordinance No., 11,.8 of the Village is hereby w-tended to read as follows: (k) Inadequate Fi.rc. Protection. ►ll WAldings or portions thereof which are not provided with Vie fire — resistive eonstructi,.n required by Cniinance Igo. 51A of the Vill �;ca axcept those buii.dit4;s or portions thereof which conformed with all applicable laws at the time of their con— struction and whose fire —resistive integrity has been adegss.tely maintained and improved. Section 5. This Ordinance shall he in force and ei'fect °rom the d"t' Cr its Pass-lEe «ad nublicatIon according to law., 4opted this l.lth da r of Auyust ,, 1-958, Arthur C. _13redesen,, Jr. Attast: P:ayo r Gretchen :�, Alden Villas;e Clerk I'ubli -,hed in Ldina-;.- rningside Gourier August 21 and �_ Auc u:-)t 28 y 1958. '� (3RliIWANCE NO. 148A AN ORDINMICE DEF11MING DANGEPOUS AIM SUBSit'ti DA-71.D BUILDINGS 1M PROVIDING FOR THEIR VACATION, R�,-PtiR, REtIl VAL OR DMIOLTT ON; PX-MMLIEV ORDZ?dt. E N©. 143 .. _ _.. ... . THE VILLAGE COMMIL OF ME VILLrsGE OF EDINA, MIMI.ESOTA, 011DAIRS: Sect ion 1. Dan elotrs� F cam. , Buildings a Nuisance. Any structure or building, o:: portion thereof, including any dtaelling unit, guest -room or suite of rooms, or the premisc>s on tahich the s=- m is located, in which there eaci.sts any of the conditions listed in Section 2 hereof to an extent that efndannners the life, limb, health, propert;y, safety or welfare of the public or the occupants thereof is a dangerous or substLn&-trd building, and is hereby- declai:ed to -be a public nuisance. Section _ 2. Conditions RendCaE jag ui d _r.r ! �Lir ^ous or. Subatanikard. (a) Structural Hazards. (1) Any stress in any rrat:erial, eleiwnt, member or portion thereof,, due to all dead and live loads, which is greater than the working stresses deer-d reasonable and safe by the Building Official. (2) Damage to any portion_ of a building by earthgt=ke, =aind, fire, flood, or by .any other cause, in such a manner that the structural stability or strength thereof is appreciably less than the minimum requirerm-nts set forth in existing ordine" ces for a neFo building or structure of similar size, construction, location and purpose-. (3) Likelihood of any portion or ra-emberor appurtenance of a building to tall, or become dislodged or detached, or to collapse, and thereby cause bodily injury or property dama,-e. (4) Sett ling of any building or portion thereof to such an extent that walls or otlTwx st::uctural portions have been displaced or distorted and rendered rtauctur� ally unstable or d.WiaZe ous, or that the basic function of such elegant has been i r::jaired. (5) The building or structure, of any portion tve::eof, because of dilapi- dation, deterioration, decay, faulty construction, or because of the removal or -move-aunt of some portion of the ground :necesS.'..:•:y ?.or the purpose of supporting such building or structure or port.i.on thereof, or other cause, is likely to partially or coR3letely collapse, or some portion of the foundation or under- pinning is ?ilze— y to fall or gi;re way. (G) he building or structure, o:: any portion thereof, is for any reason whitsoever manifestly Ensafe for the purpose for tsh-i.ch it is used or intended to be used. (7) Toe e::terior t,r<lls or other vertical raembers list, lean, or !.)uW1_? e to such an e:.Ient that a plumb line passing through the center of gravity of that weals or structure rsar bar does not fall inside the middle third of the base. (3) The building or structure, exclusive of the foundation, shows 33 per cent or more of damage or deterioration to the mambe:: or mem:ber3, or 50 per cent of Cir':' age or deterioration of a non -supporting enclosing or outside wall or covering. (9) The bud ldin or structure has been so dam&^ged by fire, wind, earthquake or flood, or has becor,,2 so dilapidated o' deteriorated, 9ro'"'i. anycause whatsoever,as to beconn an attractive rujsa;-j'e to chil?_-n n who riight play thereinto their clanger, or as to afford a haabor for vagrants, criminals, or irmoral persons, or as to enable persons to 'Z sort: thereto for tke pu:Po--e of cow tti€I,s nuisances or: unlawful or i-=oral acts. (10) Any building or structure which has been constructed or now enists or is maintained in violation of any specific requirement or prohibition, Applicable to such building or structure, of the building ordinances of the village or of any law or ordinance of this State or Village relating to the location, use and physical condition of buildings or structures. (11) Any building or structure which, whether or not erected in accordance with all mplicable laws and ordinances, because of dilapidation, deterioration, damage, or g other cause is so �Jea%ened or defective as to have in any non -supporting part, member or portion less than 50 per cent, or in any supporting member less than 66 per cent, of the strength, fire -resisting qualities or characteristics or weather -resisting qualities or characteristics required by law, or ordinance in the case of a newly constructed building or structure of eimila:r size, purpose and location. (b) Razardous kliri= All wiring except that which conformed with all applicable laws in effect effect at the time of installation and which has been maintained in good condition and is being used in a. safe manner. (c) Hazardous P�e*mbin� All pluming except that which conformed with all applicable laws in effect at the time of installation and which has been main- tained in good condition and which is free of cross -connections and siphonage between fixtures. (d) Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that: which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (e) Fault1jeather Protection. (1) Deteriorated, crumbling or for loose plaster. (2) Deteriorated or ineffective waterptoofing of exterior wails, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering clue to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled enterior walls or roof coverings. (�=) IZadeglu,Itt Fire Protection. All buildings or portions thereof which are not provided with the Me -resistive construction required by Ordinance Va. 51A except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity has been adequately maintained or improved. Section 3_ Rjagtions. Whenever it shall come to the attention of the Building, Official, by written complaint of any person or agency, or otherwise, that a building or structure is a dangerous or substandard building, the building Official shall., in the course of his duties, cause a preliminary examination to be wade of the building or structure and premises. It it then appears that the building or structure is a dangerous or substandard building, he shall then cause a detailed inspection of the building or structure to be made. In the execution of the inspection he shall avail himself of the services of the Village Health Officer or his Deputy, and -of the Fire Department, insofar as the inspection concerns itself with those depart- ments. Upon the completion of the inspection, the Building Official shall snake a written report, supplemented by written reports from the other: agencies called upon by hire in the e acution of the inspection. The Building Official shall then submit 40 the reports, together with his recommendations, augmented by the recommendations of the other agencies involved in the inspection, to the Council. scion J.. OILLCil to Call Hayl yz '£'ize Council shall examine the report of the Building Official, and if there is probable cause to believe that t:i:!e building or structure is a dangerous or substandard building, shall have the matter set for hearing. -2- Section 5,. Notice of Fearing. Notice of the hearing shall be given in a form prescribed by the Council. It shall set forth the street address and legal description sufficient for identification of the premises upon which the building or structure is located. It shall contain a brief statement of the conditions mentioned in the report of the Building Official which show probable cause to believe that the building or structure is a nuisance within the meaning of this ordinance. It shall also state the date, hour And place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the Council to show cause why the building or structure should not be ordered repaired, vacated and repaired, removed, or demolished. Section 6. Service of Notice. (a) One copy of the notice shall be served upon the person, if any, in real or apparent charge and control of the premises involved; the record owner, the holder of any mortgage, trust, deed or other lien or encumbrance of record; the owner or holder of any lease of record; and the record holder of any other estate or interest in or to the building or structure or land upon which it is located. (b) Oiie copy of the notice shall be posted in a conspicuous place upon the building or structure or premises involved. (c) The notice of hearing shall be posted and served at least 10 days prior to the date set for the hearing. (d) The notice of hearing shall be served upon all persons entitled thereto eithar personally or by registered rail. Service by registered mail shall be effective on the date of mailing if a copy of such notice is so mailed, postago prepaid, return receipt requested, to each such person at the address of such person as it appears on the last equalised assessment roll of the County or as known to the Village Clerk. If no such address so appears or is known to the Village Clerk, then a copy of the notice shall be addressed to such person at the address of the building or structure involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any of the proceedings Laken hereunder:. (e) The officer or Employee upon serving the notice as provided herein shall file an affidavit thereof with the Village Clerk certifying to the time and manner in which such notice was served. lie shall also file therewith any receipt v,hich may have been returned to him in acknowledgment of the receipt of such notice by registered mail. Section 7. Hearing. (a) The Council shall, at such hearing, hear and consider any evidence offered by the person or persons having any estate or interest in such building or structure pertaining to the matter set forth in the report of the Building Official. (b) The Council, upon conclusion of the hearing, shall make written findings of fact as to whether or not the building or structure in question is a dangerous or substandard building within the terms of this ordinance. Section S. Stnndards for Repair Vacation and Repair, Removal or Demolition. The following standards shall be €oilowLd in substance and spirit by ordering the repair, vacation and repair, removal or demolition of any building or structure. Any order to remove or demolish, rendered pursuant to this ordinance, shall not indicate an alternative permission to repair; however, an order to repair tray be satisfied by removal or demolition. -3- (a) If the dangerous or substandard building can reasonably and economically be repaired so that it will no longer etiist in violation of the terris of this ordinance, it shall be ordered repaired. (b) If the dangerous or substandard building is in such condition as to make it dangerous to the health, morals, safety, or: general welfare of its occupants, it shall be ordered to be vacated. (c) In any case where a dangerous building in SO per cent or more damaged, decayed, or deteriorated, it shall be ordered to be removed or demolished. (d) In all cases where a dangerous or substandard building cannot be repaired, with reasonable economy, so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered to be vacated and removed or demolished. (e) In all cwscs .:here a dangerous or substandard building is a fire no.uar-d, existing or erected in violation of the terns of this ordinance or any other ordinance of this Village, or statute of the State of Minnesota, it shall be ozderod to be re'roved or demolished. Section 9. Order toRe_pa3_r.Vacatee and It- air, Remove or Demolish. (a) If, from a full and fair consideration of the evidence and testimony received at the hearing, the Council shall determine that the building or structure involved is a dangerous or substandard building within the terms of this ordinance, then it shall issue an order: (1) That the building or structu-re must be repaired, or vacated and repaired, or removed and demolished. (2) That the occupant, lessee, or other person in possession must vacate said building, or that ire may remain in possession while repairs are being, made. (3) That any mortgage, beneficiary under deed of trust, or any outer person leaving an interest or estate in said building may, at his own risk, repair, vacate and repair, rtrnove or: de=lish said building or structure according to existing lacy and ordinance. (b) The order shall set forth the street address of the building or structura and a legal description of the premises sufficient for identification. it shall contain a statement of the particulars which render the building or structure a dangerous or substandard building, and a statement of the things requi.r:ed to be done. The order shall state the time within which the work -, `,- uircd rust be commenced, such time being not earlier than 10 days and later than 30 days after the issuance of the order, and such order shall further specify a reasonable tir,,-- within which the work shall be completed. The time for comple- tion may,, by action of the Council, be extended for just causes and such authority "Ior extended tires shall be given in writing by the Council upon written applica- tion of any interested party or parties. Section 10. Order to be Served. Eopies of the order to repair, or tracate and repair, or remove or demolish shall be served upon the individuals and in the manner- as prescribed above in Section 6. A copy of the order shall also be posted in a conspicuous mace upon the building or structure as prescribed in said section. Section 11. Violation and Penalties for Disreg4rdi.n,.gq Order. (a) The ot-nor o:: other person having charge and control of the building or structure cited in the order t.ho shall fail to comply with any order to repair, -4- Sor vacate and repair, or remove or demolish said building or structure shall be guilty of a misdemeanor, and subject to a fine of not to exceed �100, or imprison- ment for a period not to exceed 90 days, with costs of prosecution in either case to be added. Each week of non-compliance shall constitute a separate offense. (b) The occupant or lessee in possession who fails to comply with any order to vacate said building or structure in accordance with any order given as provided for in this ordinance shall be guilty of a misdemeanor, and subject to the same penalty. Each week of non-compliance shall constitute a separate offense. (c) Any person who removes or defaces or destroys any notice or order posted as required in this ordinance shall be guilty of a misdemeanor, and subject to the same penalty. Section12. Le arability of Provisions of this Ordinance The Council hereby declares that it would have adopted each separate provision of this ordinance, regardless of the adoption of any other provision, and if any remedy provided for in this ordinance be held unavailable or limited in effect, such, limitation shall not affect the application of any other provision of this ordinance. Section 13. Ordinance No. 148 of the 'pillage is hereby repealed, but such repeal shall have no effect on any proceedings taken thereunder by the Village and now pending, but such proceedings may be continued under said ordinance. Section14. This ordinance shall be in force and effect from the date of its passage and publication according to law. Adopted this 27th day of March , 1961. A1TEST s �Si�ned WryMNDICKSON (Signed) GRETCHEN S. ALDEN Mayor Pro Tem Village Cleric Published in Edina-Morningside Courier._ March 30 and April 6, 1961. 0 ORDINAtdCE NO. 149 AN t}iRl)I AOICE TO P-AMIOT.E PEJ LIC IEALTm, ESTABLISHI1,1G AlqD, RFtigUIp>.ING COP?s:'IeTAPiCE WITH HINIMPI-I STANDARDS Or, HOUSI11G AND HOUSING E'Cfi IPMENT, AM 2'z.ESCEt.ii;:l[ G THE WELLI G E COMICIL OF THE VILLAGE OF EDII?A ORDAINS: Section 1. Declaration, oL= F � The Vi1lc e Council declares thnt ta1 purpose o-= this ordinance is to pzotect, p:{'snrvc:, and i -ro=te the physical and r ra�.al health of the people, investigate and control coi ;ricable diseases, ;iegula,t;.. privately and publ!ici.y owned dwellings for the Pur—Pave of sanitation and public health, and protect the safety of the people and p{oTc�ote tlae general. w(Af,are by legislation which :;hall be applicable to all d%-ellings now in e:,istence or hereafter constructed QId tl icz: (i) establishes mi.ninum standards, for basic equipment and Facilities for light, ventilation and heatzrzg, fo: safety from szrz, for thc. u3e ,---.Id location, and amount of space for F.unrar2 occul)wney, and for Safe and sanitary ir-ai.nteat:nce; (2) determines the rC5pops4bi_lities Of Owbaerr, Operators and occupant;,of dwellings; .:.end (3) provides for Cite a� dmiiti.strat:ion and enforcemextt t1jeroof. Section 2. ^tide. This Ordinance SbIll be lsnot-in and may be cited as the Public Health housing Code. Sec,tion 3. Definitions. The f011oWing eefini.tions sha11 apply in the interpretation ntioR ar..d enfor•c:emil't of dais ordinance and the follct>>i:ag Words and tern:::. :4herevG,::1: they occur in this ordinance n e def,�.n,_,d ,Is fo110?:s : "Approved" menIzs const ::uctad, installed, and malintained in accordance With this ordinrizce of other pertinent ordinances of the Village. "BascL•I rat" r2::ans that portion of a dw.-_71j.11 between floor and ceiling 'Ohlch is partly below and partly above grade, the flclo:: of which is less than fourJ.ee : below the Xve•ra,e ua+ac of the adjoining ;round. "Cellar" means that portion of a d..=ellirzg between floor and ceiling trhich is heir,=a or partly belata grade,ilia float r?r 'a;:icn is four �.. more than new fyorr la4yla*r the ave.:eke grade of the adjoining ground. "Dio.elling:: E2^r7;3 any bulldl.n;, =-laid is v,110 .1 0:- G: n Y p - ly € se or intended sera be i2tt�^d S:ci• i.ivin;=, or s eepin by it;:raan occulst�:nts, cn-cept tergPotiary housing. "D.7CIlinc, unit" im�:ts any room or grout, 0 `:t3Q= 1UC$iC(i S7i4itin $ dG'Pl1aS2,. and Q•.r..irg n si:^.gle habitable unit s.?ith facilities -uhich are used or intended to bL UZ;ed for l:f,.vta:;, £310eJAi.2&, COD'Mi's, eatin-, and a "^art: Cs Tuhich is e;:ci.Y!'si?ely ar occasionally nppror ri_an:•��d to cookery, "Extermination" ran-a'as ti'ITe control :end eliminationof ins,—_�ct.s, rodents, vermin Q2' pyxt4'�` �4SC3 by P. titra? L2 s ' b' r c i i Ling thei., ha baracle places; by : e z�aing car leaking inaccessible "'late ills that may scrve as their ':ooai; of by poisoning, sprny:ins, ftuiiaatins, trapping, or similzr means. t'Cr.1iet3aZell ,,etn. 0 the ani? a-1 and vegetable waste result:ino i:?'G i -he ha, ,ici!i£i�, j9ial3 rti:t 1i)T!s d''•oc ng, QY CoFnsuLTtion Of �aaft. ttlrabi.t? ie �'�t c)M, ®a FBan, ?"CiOift desig ned to be used for living, sleeping, eat:;n or coolt'ng, n;rcludl.2- bat:'i2rOOvir,, tci!Qt cfl::pa tmenils, closets, balls and storage Palaces. "Fk- alth ti::ficert' M-ans the Health Off car of toe Village or his deputy. ..„i_ "Flotel" moans any &-alling, or that part of any dwelling, containing one or more rooming units in which space is let to three or moie persons who are transiants or permanent guests. "Infestation" means the presence, witbin or around a dwelling, oZ Insectc, rodents, verr.Ar. or other pasts of such hind or in such numbers as to cause a hazard to health. `'Multiple Dwelling" mems any dwalling containing more than two dwelliaS units. "Occupant" mains any parsor over two, years of age, IIA.Ving, sleeping, cooking or eating in, or having actual posses-sion of, a &aalling unit or rooming unit. "Cperator" vin-ans any person, whether the ou-ner or not, who mnnages or controls any dwelling ,,or part. thareof,in which dwelling units or rooming, units are. tea. "Chimer" means any person oho, alone or jointly or severally wlth otuher3: (a) has record legag-c l title to any d-1ling or dwelling unitt , with or withou accoL pan7in- actual possession thereof; (b) acts 23 the agent of the person holding the record legal title of any dwelling or, dwelling unit; or (c) is the person representative or }`Adrciary of an estato through which the record legal title to the real property in which any chiellinp, or dwalling unit is administered "Pc son" manns a natural person for purposes of the occupancy stx.ndardls hereof, and for other purposes me -ins a natural person or legal entity. "Rooming Unit" m-ans znr-y room or group of rooms fcrm:I'_n,- a single habitable unit-. used or intended to b-- used for living, ant' sleeping, but no part of which iss axclusively or occasionally appropriatcd to cookery. "Rooming House" ranns crjay dnuelling, or that pax.: of any dwelling, contain- ing one or ixore rooming units 11.n which space is let to three or more persons who are permmancnt guests. "Ru-bbis'n" combusLible and noncombustible waste xaterials, household and yard debzis, and as"Iles. "S.-Tplied" neans Paid for, furnished. provida.d by, or under the co-ntrol of oxmer or o- perator. "Tevqpoi.ary Housing" Mans any tent, trailer coach, or other structure used for hu=n shelter which is designed to be tranDportable and .fhich is not attached to the ground, to maother structure, or to any utilities system, or Vuhich is situated in a licensed trailer park. Section 4. Tnspectioa. For the purpose of determining compliance with the provisions of this article, the Illealt1h Officer icy her --by authorized and directed to make inspections to detf�,rmina the condition, tire and occupancy oi- duellings, u ..Us, rooring units, tuid the preLA-es upon i-faich the snm-are located. For tilt: • purpose of making ouch inspections, the Health CHicer is hereby authorized to enter, eram ne znet survey all &7alli-ngs, dwelling uaits, roo,-Zing units ;imd Premises upon whi -ch the are located, at all rea,­,oaable 'Thc! cznar, operator and ocemy ant .f7 0� ever CrUelling, uzit, cknd roo-ming unit stiall give the 11--alth, Of-flcer fzC_- Y 0 Q_ access to such dwalling, dluziling uniL or rooning0 unit and its premises for the W purpose of such inspection., ciz=ination, and survey. Evei-I occupant of a dwelling chall. give. th3. owner thereof, or bis agent or employee, acces3 to any part of such dwelling or ita -Premases, at all "aasonable for the pur-pose of ma -king Stich ..2.. repairs Or a lt`.'.i;.at::tons as are Necessary to effect compliance wit'a the provisions of this ordinance. Section 5. Enfoti ceruent of Eo.ts; ng Code. (a) 1gotice of Cfolatlon. E<:ccpt in those instances to which section 12 hereof: is applicable, efh never the Realth Officer determines that there has been a violation of a.•ay one or more provisions of this ordinance he shall give notice of such alleged violation to the person or parsons who are or my by responsible thereosor, as enn.,.:srrst:ed in (4) below. Such notice shall: (1) be in writing, (2) particularize the violation or violations alleged to enist or to baT;e been coimi.tted; (3) provide a reasonable time, but not less than 30 d,ays in any event, for the correction oY the violation or violations particularized; and (4) Le a;ldrassed to and served upox the owner of the property, the operator of the dzselling, and the occupant of the dwelling unit or the rooming unit concerned, if the occ p.-unt is or may be responsible for the violation. Service shall be as provided for personal service by the rules of civil procedure fo_. courts of record in Minnesota or by registered or certified rzil, return receipt requested, delivered to the addressee only. If service is mandz by registered or certified mail, the Health Officer shall make a record giving de"l ails regarding the a-.nilin,. 1Z one or more pennons to whom the notice is addressed cannot: be found or served after diligent effort so to do, service may be rz_ade ul;on such person or persons by posting to notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Health Officer shall include in the record a statcmwnt as to Ahy such posting uas necessary. (b) Als sea?_t c, the Vi? laS2 Co:Lij-2i xy person .affected by a notice issued hereunder, talso is aggri.evad thereby, and who bal; e L-es the came to be factually or legally contrary to the ordinances of the Village, may vit:b.in 15 days after service of the sine, appeal therafrorn to thn Villase Council by filing a r3ritten appeal in tale office of the Vil.l.aSn Clerk, and such appeal shall be heard by the Council !sithin 30 drays after t was filed. Yot:ice of the date, tip and place of such Bearing, shall be Siven to the :.appellant: in tha saw manner as notice of the violation. (r.) Effect oa^l. t &pL . The taking of an appeal shall, during the pendency thereof, rave the effect nog restraining the Health Officer or arty outer officer of the Ilil.laGe from proceeding in any manner upon the asserted violation or violations. (d) FiaZr�.n tnn appellant or his ,attorney sl: l'a have the opportunity to be heal-d at the hearing, hereupon thn Council may: (1) affirm or deny the e.-.istence of any violation or violations .Is alleged, in whole of in part; and (2) if a violation has been found to exist, confirm or wodify tine extent of tile^ come-etion requi.zed, and the time within z-Aiich the correction rruct: be If -vide. (e) Correction of Vio at{oaA,l Y.�?.a,- a2ei E?.G6es�rr�'Y?t S%f %C}St« i% all Cu3L"3 i}f _. 1....r ..�.... .. �.,..... _ o -C ..• violation of this ordinance to which *Minnesota Statutes, Sections 145.22 and 145.23 a': :a alspiicab e, the Health Officer rtay proceed as therein p oivl de-d to abate or remove the violation and, if deem. d nec ever y, to have the cost t he_eof specially as y>esaed against the lot or Parcel cF:'_£'.i:e the violation. located. in suitable c?34"s, said sta�-ut:or:fir rem2die:s .and procedure may `saw uzcd either cos+cL, ►e.nj:lr7 ;✓fret, ox We pa:.r'ate fro^, the p--ocZdures prescribed in this ordinance. S--ction 6. 11<:21rl= Ss_ ?nd4ards for Basic: Equipment _?n l'<:•r.ilxt.i�s� 17o person shall occupy or let to nnot h.• i- Lo" oac i?3^z�r ?f �^'ly dwell ? S unit iil� 4ii dUL?u :io[ co�:ij�l .v,tth the .L�OI_�oT.''ing requirements: (i^.) Every th-jelling unit shall contilin a 1-5-itcncn sink in gtrCDd working condition atci C? p%onerly connected to P?'n approved water and rsr''.wor system. -3- '' (I?) 7ei'j7 d'iTclling LSi1I i` (i'e;c £'pt as otherwise permitted d try paragraph (C) I eoz-) stalk contain a roon. vihi.ch ai:fo;.ds privacy to a person within said -roori and i,7hich is equipped with a flush water closet in good utorking condition and properly connected to an approved water and saver system. (c) Every dwel.li.n. unit except gas othert-Ase emitted b paragraph c E i a p- Y p� d A () hereof) shall Contain within its walls a lavatory basin in good working condition, properly connected to an approved water and sever system and located in 1--he saaze room as the requited flush water closet, or as near to that room as practicable. (d) Every dwelling unit (e%cept as othertai.se pe,.r. ° Lied by paragraph (e) hereof) shall contain, within a room which afford, privacy to a person within said rooin, a bath:ub or shower in good Dorking condition and properly connected to an approved water and serer system. (e) 'C'ne occupants of not more titan two c`oelling units may share a single .flush water closet, as single lavatory basin, and a single bathtub or shower, pro- vided that the following conditions are satisfied: (I) Neither of the two dwelling units can accon=odate more than two occupants: (2) Such water closet, lavatory basin, and bathtub or shower are in rood working canditi.on and properly connected to the water and sewer system, and are accessible to the occupants of one dwelling unit without passim; through any sleeping room of the other dwelling unit; (3) Stich dwelling units are in the sates building, arranged so that the occupants of neither unit are required to go outdoors to reach the facilities. (f) Every kitchen sink., lavatory basin and bathtub or shower required under the provisions of paragraph (a), (c) , (d) and (a) hereof shall be connected with both hot and cold water limas in an approved manner. (g) Every dwelling unit: shall be supplied with ruabish .atorage facilities T-chose type and location are app::ovad. (h) Eery dwelling unit shall have adequate garbage disposal facilities or garbage storage containers whose type and location are approved. (i) Every dwelling shall have tYa.t:ar—heating facilities which are installed in an approved manner, ire maintained and operated in sate and good working coadi- ti.on, are properly connected with the toot water lines required under the provisions of paragraph (f) 'hereof, and are capable of beating water to such a temperature s to pe:�zit an adequate ar`ountr of wager to be drawn at every required kitchan sink, lavatory basin, bathtuta or shower at a tei.Tera.ture of not less than 120 degrees Pki'larenheit. Such ivnter-heating facilities shall be capable of raecting the require - meats of this, section when Lhe heating facilities required under the: provisions of section 7(d) are not: in operation. (j) Every divalling unit shall have a sa.fe, uaob t:rur_ted .means of egress. EvaLy dwelling unit located abo-ve the first floor, aiael e'vary 'aocrling house tTj3ern thrae or more r:oo=_rs occupy one or more rooming snits located aLove the first floor, and every basement dwelling unit, sballhave at least two independent erres. sta.irva;ys which shall be located rv.eote i.om each other, and one of such stairways ace ll be an inside stiaiiiiay. Every such egress stainiay, GerV4.1:g units <abore the fi -wst .floor shall cor m. 1- with the following re quirement a : (1) It slial.l be casi.ly accessible from every d;•Talling unit located on the specif i.ed floor without passing through arty Noon other than a public Ball; (2) It: shr0? 1 lead directly to a street or alley, or open court connected with a% street: or .alley; (3) it shall be kept in good order: and repair; (4) It shall be unob:str.uc°.:Fad at all t:i=s : -A- (5) All doors used in co en-,ctioa3 With such egress must be easily opened from the inside, and -remain unlocked or ba of a type which can be unlocked from the inside without the use of an trey; where wulti.ple dwallirgs have raore than five dwell- ing units or mote than ten sleeping r:oorss sharing the saw-e means of egress, the doors serving such shared means: of Egress shall swing outward and be self closing. (6) No window shall be considered a proper mans of egress to a required stairway; (7) All inside stai.ii.7ay e.:its shall lead to an axit door; (8) All exit: stain7ays of three or more risers shall have at l.ea.st one hand rail, and all st::aim7ays which :are three feet sip: inches or more in width, or which are open on both aides shall have a hand rail on each side; (9) Risers of stairs shall not e.:ceed eight inches and treads shall not be less than nine incises; (10) All hand rails shall be not less than 28 inches nor more than 38 inches vertically above the nos, of the stair treads of stair, -.,ay platforms; (11) The minimum width of all existing required egress stairways shall be 36 inches rasa+red at the 'face of tread; (12) All nmitiple dwel?ingw shall have a stairway or stairway fire escape with an exit directly thereto from a public hall located within 40 feet from the euit of cacti dwelling unit above the first Boor if such multiple dwelling Is of non -fireproof construction, or within 50 feet from such exit if such building is of fireproof construction. s7ire escapes are emergency means of egress and as such do not constitute a required staftiyay. All fire escapes shall be crept in good order and repair, and all iron shnli be kept painted and free from rust. All doors opening into a fire escape of aay mailtiple du lling having three or more stories shall be of fire proof conat:.ruct.-ion and shall be self -closing. Vertical ladders shall not be considered a required fire escape. No fire escape shall pass a window unless such windoap is of fireproof construction (wiree glass ,and metal frarze) . All fire escapes shall terminate at grouad Level or shall have properly constructed and maintained counter- balanced st—, ps for: the last flight:. Section 7. Minimum, Standards for Lightt,—Ventilation. and Ileatino. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, whi.cn does not: cos,ly with the following require- ments: (a) Every habitable room in a dda-:elling or dwelling unit shall have at least one window or skylight~ facing directly to the outside, and shall have a, intnis" m of 5')foot-candles of da.yli&t�t - iil;.vmination, measurable at the epicenter:' of the room, 30 inches above floor with a. standard light meter facing the light source at noon ventral Standard Time, wf .h the sky of norrual brightness. (b) At least one: -half of the window or skylight required by paragraph (a) tnervof shall be easily openable unless some other cc-.Qarable method of ventilating the room is provided. (c) Eger- bat hrooaa and ':eater closet compartment shall have at least one window or skylight facing directly to the outside i_-a order: to provide adequate ventilation. The enforcing o.ff:icer may approve- sows other acceptab'_•.e rrvt hod of ventilation. (d) Every ch,;elling and dwelling unit_ sham have Heating facilities which are :installed in an approved m nnez and are mai.nt_a.ined in safe and good workAng condition, • and are capable of saa'_ely and adequately heating all habitable: rooms., bathrooms, and wat-er closet co,,.?, art-ment'.s located the1 airs to a tE.'.ui1,era+tuwe of at least 70 de-grees Fahranhteit at a distance three ;:eet: above floor level, *:3i2en the teaTparffi.t.?t;e outfti& is minus 20 d^grees Fahrenbsit. Such heating equi.pmnit s&asll be operated as reasonably necessary to maintain a te"nL era.tu e in ,all habitable ;roomms of 70 degrees Fzh r:enhe t . 5-