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Ordinance Code - Newspaper
EWSPAPERS aVIT OF PUBLICATION Richfield Sun 7642 Lyndale Avenue South Richfield, Minnesota State of Minnesota l County of Hennepin j SS. W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Richfield' Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square incises. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated' in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post-office. (5) Said newspaper purports to ve the City of Richfield in the County of Hennepin and it has its known office of sue in the City of Richfield in said county, established and open during its regular business urs for the gathering of news, sale of advertisements and sale of subscriptions and main- ned by the managing officer or persons in its employ and subject to his direction and con• 1 during all such regular business hours and devoted exclusively during such regular usiness hours to the business of the newspaper and business related' thereto. (6) 'Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed~R~'~i~''A~~"t' ~i~D~' ~~ LI'~~ .hereto attached as a part hereof was cut from the columns of said newspaper, and was printed CITY G~' RICH~"`IELD and published therein in the English language, once each week, for .. ~-.... successive weeks; that it was first so published on ~'r1Ur6 ° the .. '~ 8 ... day of .. a~ Y' ~~- ~-..... 19 ~.8. . Thurs. and was thereafter printed' and published on every to and including . ...... ,the ... ZS day of . ~~r ~' ~9 68 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is 'hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abc defghijklmnopgrstuvwxyz ~ / Subscribed and sworn to before me this ~~-.~ . day of .....~;~~',~%?:?'~-~-;1. _~..... 19. !t:~'J ~,,/ (Notarial Seal) ,~. ../..)~~ %"z`~ ;G-vim -.- c.C.Y~!' ' Barbara Samuelson, Notary Public, Ramsey County, Minn. My Commission Expires November 8, 1971 [~ '`~.. ~ ! \`.., ---aY.,~jli.~"P~.1'Le~'S- y'~ti~ iit1EL t _ yr KIC;NFIELD-THE RICH~I~Eti -~ s.,~ .~ ~yti+s.;~~~, A SECTION OF _ ~~ ~"! ~. -. -~ ...,,~~ICH FI I~LD , y [J lv' ~' G~' ~,.~~~,, APRIL 18, 1968. ,~ -'~.,-° O '.~ '~`~J ~,. .._ , ~. ~: / toy, ,,~ ~_; -- a~ _ r _ ._ . : z,:. ~: '~ ~ ~ -- _~ ; CODE OF THE ~,~.~ CITY QF RICHFIELD ~,i `Z3~ ;s ~: k' ~:: s;. ',1 'a LEGA~L~ICE ~, Passed by the City Council of the City of ~.~--= Richfield, Minnesota, t-{~is 'nth day of April, 1968. Signed: STANLEY W. OLSON, Mayor 1 ~, ~~ Attest: ~ - ~ ~~' j Signed THOMAS J. MORAN, City Clerk Published April. 18, 1968 m o~C~ ~~ ~ w or Sthe i ~.-- 'f - ~ - - - / OF RICHFIELD CHAPTER (Official Publication) 'TER I. GENERAL PROVISIONS The City Code, vision 1. Title. This Code of Ord% s shall be known as The Ordinance of the City of Richfield, Minne- Befei'ences throughout this instru- to the "Code" or "this Code" shall s be interpreted to mean the City hfield Ordinance Code. 2. Amendments and Additions, All finents or additions to this code be incorporated into the code as it effective date. Reference or ci- to the code shall always include tmendments and additions. 3. Citation of Code. This code is ly cited as, "The Ordinance Code City of Richfield, Minnesota." An ~riate citation includes the chap- ~Tt, if any, section, subdivision, if id paragraph designations, if any. urpose and Scope of Code; Publi• and Copies.. ~diScation of the ordinances of y of Richfield contained in this lent published in loose-leaf form ~n made pursuant to Section 3.11 ;ity of Richfield Home Rule Char- is code is a new enactment and ided to be a complete and cur- iinance code and not only a com- of existing ordinances except as d in Section 1.03. This code is ~d in accordance with Minno- w. After publication an official 'the code shall be maintained lines by the City Manager and - it additional copies shall also be e at the City Hall office either pection by the public or for lion at a reasonable charge. ansitory Ordinances. This Code aII the current ordinances of • except those .ordinances which isitory in nature, or which are oral in their application, inrlud- not limited to those ordinances by certain provisions of the irter. Transitory ordinances are Pied but' are published in~ Appen- fthis Code. lee of Construction, ion General, When interpret- Code .. ~oILuwing rules of con- shall be applied except where icatii~n of any rule of construc- ld result in an interpretation ontiary to the plain intent of a or of any section or chapter a given provision appears. The e as follows: ninon Usage, Al•1 words and ised in this Code shall be in- and understood in accordance mon and acceptable usage, but ical words or phrases, or such rich have acquired a specific r meaning, shall be interpret- nderstood m accordance with urical, specific or peculiar kr - Singular and Plural. Ev- in this Code expressing the gender shall extend to and be emales as well "as males; ord expressing the plural 11 extend and be applied to it thing as well as to several `.lungs. .The use of any verb in the e shall include the future able, and the use of any ure tense shall include vhen app a .File. --~ -re and Hereafter. When- d "heretofore" occurs in the code, ib shall be con- n any time previous to the code became effec- ined in a provision adopt- ite it shall be construed ite when said provision d whenever the word u's it shall be construed ne after the provision word takes effect. ings: Cross-References. !non, subdivision and gs and titles shall not art of the subject mat- but are intended for end not necessarily as Iles. Cross-reference ', shall not be con- the substance of this led to expedite and the code. Rules -Minnesota "onstruction. In ad- ri construction con- fthis section, the construction, pre- llaneous provisions ction contained in lapter 645 govern- aion are hereby adopted by reference and made a part hereof as if fully set forth herein. All references contained in these statutory provisions to laws and statutes shall be construed to apply and refer to the pro- visions of this Code and all references to the Legislature shall be construed to apply to the City Council or appropriate governing body. Subd. 3. Final Authority, If, upon ap- pli~cation of the rules and interpretive guides contained in this section, furth- er question remains, all words in this Code shall have the same meanings as ascribed to them in the Minnesota Stat- utes. 1.05. Definitions. Subdivision 1. General References, The following terms shall have the meanings ascribed to them in this section: (1) "City" _ City of Richfield (2) "County" -County of Hennepin (3) "State" -State of Minnesota (4) "Council" -City Council (5) "Manager" -City Manager (6) "Clerk" -City Clerk (7) "Person" -Any natural individual,. firm, partnership, trust, estate, club, as- sociation, or corporation. As applied to partnerships or associations, the term includes the partners or members there- of; as applied to corporations the term includes the officers, agents, or em- ployees thereof. (8) "Minnesota Statutes" -All of the statutory law of the State of Minnesota embodied in the latest official publica- tion of the Minnesota Statutes including all Session Laws and amendments and additions thereto. Subd. 2. References to Department Heads. All references to Departments or Department Heads shall refer to those Departments and department heads of the city. 1.06 Conflicting Sections. In all cases where various provisions or sections of this code, whether fully set forth here- in or adopted by reference, conflict, or where in any case there arises a ques- tion concerning the application of a pro- vision or section of the code, the follow- ing rules shall apply: (1) If the provisions of different sec- tions or chapters of the code conflict with or contravene each other, the pro- visions of each section and each chap- ter shall. prevail as to all matters grow- ing out of the subject matter of such chapter. (2) If conflicting provisions are found in different sections of the same chap- ter, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of the chapter. (3) If one of the conflicting provisions has been adopted by reference and the other provision fully set forth in this code, the provision or section •fu11y set forth in this code shall control. (4) If a provision of same code or ma- terial adopted by reference in this code conflicts with a provision of some other code or material adopted by reference, the following rules will govern: (a) If either of the sources adopted by reference is statutory, the statutory provision shall control. (b) If both of the sources adopted by reference are non-statutory, the provi- sion drawn from the code or material most closely related-~~e chapter of this code which i~~-^ - 'to be applied shall control. 1.07. Repeal of Ordinances Pursuant to ,~jt~„Charter Sec. 3.10, Subdivision .`w~inances Repea'led'. Pur- suant to Sec. 3.1u o~""u~1L~-•~citY charter and except as provided in Subd., of~this section, all ordinances of the city, ex- cept those enumerated in this subdivi- sion, heretofore adopted, are repealed. The ordinance required by the city char- ter. containing this repeal is found in Appendix B of this code. The following ordinances denoted by specific number are hereby continued in full force and effect: (i) Ordinance No. 10.09 - An Ordinance Providing for the Payment of Hook-Up Charges in lieu of Sanitary Sewer Im- provement No. 1 Assessment in Certain Cases. (2) Ordinance No. 10.10 - An Ordinance Providing for the Hook-Up Charges in Addition to Special Assessments by Rea- son of Construction of Sanitary Sewer Improvement No. 1 of the City of Richfield, Hennepin County, Minnesota. (3) Ordinance No. 16.01 - An Ordi- nance Providing for the Expenditure of Money from the Special Revenue Fund for the Construction and Equipping of a New City Ha11 and Public Safety Build- ing. (4) Ordinance No. 16.02 - An Ordinance Authorizing the Sale by the City of Rich- field . of Certain Land .Located in the Vi- cinity of 82nd Street and France Avenue, ~. ~• ,= a ..,~ ` Bloomington, Minnesota. Author0izidng the Sale by the Citx of Rich- field of Certain Land Located m the Vi- cinity of Richfield Lake. Providing forcthe Expenditu a of Money from the Special Revenue Fund for Cer- tain Capital Improvements. (7) Ordinance No. 16.05 - An Ordinance Providing for the Expenditure of Mon- ey from the Special Revenue Fund for Certain Capital Improvements. Subd. 2. Record of Continvad Ordinances. All ordinances enumerated in Subd. 1 of this section which are not repealed and not elsewhere codified in this code, and all other. ordinances of similar substance, are designated as "transitory" ordi- nances and maintained as provided in Sec. 1.03 of this chapter. 1.08 Existing Rights and Liabilities. The disposition by repeal of heretofore exist- ing ordinances of this city and the new enactment of the. provisions of this code have been effectuated in, coaip)3atice?:, the city •chartei• of this city. The pro- cedures implemented are not to be con- strued so as to alter, diminish, increase or in any other manner affect rights and liabilities existing at the time of the re- peal of heretofore existing ordinances and the enactment of this code. The pro- visions of this code, insofar as they are the same in substance as those of here- tofore existing ordinances, are essential- ly but not actually continuations of such ordinances. Therefore, any act done, of- fense committed, or right accruing or accrued, or liability, penalty, forfeiture, or punishment incurred or assessed prior to the effective date of this code is not affected by the enactment of this code. 1.09. Ordinances Previously Repealed Not Re-enacted'. No ordinance or part of any ordinance heretofore repealed shall be considered reordained or re-enacted by virtue of the enactment of this code, unless specifically re-enacted. The re- peal of any .curative or validating ordi- nance shall not impair" or affect any cure or validation already effected thereby. 1.10 Penalties. Subdivision 1. General Misdemeanors. Unless another penalty is expressly pro- vided in this code, any person violating any provision of this code, or any rule or regulation adopted or issued in pur- suance thereof, or any provision of any code adopted herein by reference, shall, upon •conviction, be subject to a fine of not more than $100.00 or imprisonment for a term not to exceed. 90 days. Subd. 2. Separate Violations. Unless oth- erwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense. Subd. 3. Applicability. The penalty provide.,. y this section or any section of this ~% ~~ • e applies to the amendment of any Mion of this code or any code adoptec ~ rein by reference to which the penalty . e. rtes, whether or not such pen- alty is reenacted in the amendatory pro- visions, unless otherwise provided in the amendment. Subd. 4. Reference to Sections. Refer- ence to any section of this code shall be understood also to refer to and include the penalty section relating thereto, un- less otherwise expressly provided. Subd. 5. Failure of Officers to Per- form Duties, The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject such officer or employee to the penalty imposed for violation of this code, unless a penalty is specifically pro- vided for such conduct or omission. 1.11. Codes, Statutes and Ordinances Adopted by Reference -Filing, Pursuant to Minn. State. 471.62, various codes, statutes, and ordinances are adopted by reference in this code. In all cases where codes, statutes and ordinances have been adopted by reference, three (3) copies of such codes, statutes or ordinances shall be marked as official copies and maintained on file with the city clerk. These copies are available for public in- spection. 1.12. Severability of Provisions, If any provision in this code or in any code, statute or ordinance adopted by refer- ence~ in this code is found to be uncon- stitutional or invalid for any reason, the remaining provisions of this code shall remain valid, unless the valid provisions of the law are so essentially and insep- arably connected with, and so dependent upon, the void provisions that it cannot be reasonably presumed that the coun- cil would have enacted the remaining provisions without the invalid one, or unless it. appears that the remaining provisions are incomplete and are in- capable of being executed in accordance with the intention of the council.. CHAPTER II ~- CHAPTER II. OPERATION AND, AD- MI1~iISTRATION OF CITY GOVERN- MENT PART I. CITY COUNCIL 2.01 Regular Meetings. Regular meet- ings of the City Council shall be held on the second and fourth Mondays of each month at 7:00 p.m. at the City Hall. If any such Monday is a legal holiday, the meeting shall be held on the next following day at the same hour and place. 2.02. Special Meetings. The Mayor or any two (2) members of the Council call special meetings of the Co at least twelve (12) hours wri to each member. of the C'~n' _~ usual place of residence with `re- sponsible person. 2.03. Order of Business. At >~ ap- pointed for the meeting, the members shall be called to order by the Mayor, and in his absence,_lt-'tYie acting Mayor. The Clerk shat' call the •roll and note the absentees. If a quorum is present, the Council shall then proceed with its business in the following order: (1) Approval of Minutes of Previous • Meeting (2) Administrative Reports (3) Public Hearings, including Ordi- nance Hearings (4) Other Public Appearances (5) Proposed Ordinances (6) Resolutions J (7) Other Business 2.04. Minutes. Subdivision 1. Approval of Minutes. The administrative staff shall provide a printed copy of the minutes of each meeting to each Councilman as soon a. possible after each meeting..If such printed copies have been distributed to the council members in advance of the next regular meeting of the council, t]ie minutes may be approved without ver- batim reading. Amendments or correc- tions proposed by any npember of the council may be made by the clerk, but no amendment to which objection i:r raised by any member shall be made ' without the approval of a majority of the council. Subd. 2. General Contents of Minutes. The clerk shall record all material mat- - tors considered by the council in the minutes. Ordinances, resolutions, com- munications, and claims considered by the council need not be recorded in full in the minutes if they appear in other permanent records of the clerk and can be accurately identified from the de- scription given in the minutes. The coun- cil may in its discretion direct that any one of the above be fully set out in the minutes. Subd. 3. Copies of Ordinances, Reports and Resolutions, All ordinances and res- olutions introduced before the council shall be assigned a file number by the clerk. Copies of any proposed ordinance shall be available for inspection by the public. 2.05. Council Agenda. Subdivision 1. Contents. The manager shall prepare an agenda for each regu- lar meeting. The agenda shall include the items set forth in the order of busi- ness as specified in Section 2.03 of this chapter. Subd. 2. Completion of Agenda -Dead-• line. The agenda for any regular meet- ing shall be compiled and Completed by 4:30 p.m. on the Wednesday preceding a meeting. MattPr~ of an emergency na- ture not on the agenda may be con- sidered by the council only upon a unan- imous vote of those councilmen present.. 2.06. Ordinances ands Resolutions. Subdivision 1. Introduction and' Adoption. All legislation of the City shall be by ordinance. Ordinances, resolutions, and other matters requiring Council action shall be introduced by a member of the Council; provided, however, that the City Manager may present ordinances, - resolutions and other matters for consid- eration. Subd. 2. Readings. Every ordinance pro- posed for passage shall receive two (2) readings before the Council prior to final adoption. An ordinance need not be read in full unless a member of the Council requests sun a reading. Subd.. 3. Emergency Ordinances.. An emergency ordinance is an ordinance ~e for ~-! +r w s~ r ~. t F r' ?~o~ - ~ - - - - f .. ~ ~r, ' vrr~~,r~a~ rvo~~~f-~yvrv ~~rr VY KIGHFlELD-THE RICNnew :,.. ~__..-.-__- `. `o- <immediate preserva- ~ r c ;health and • wem which the ~ and declared in the e~~yordinance must ~e~nammous vote of embas Present. . ents. Amendments a proposed ordinance ,fast or second reading. - '? Charter Provisions. In all the provisions of the City '/icable to ordinances and res- all govern: ales of Order. "~' ~ son 1. Presiding Officer, The ~~ r in his absence the President spore, shall preside at Council /, preserve order and decorum, fide questions of order. The /s duties under this subdivision ~r,~~oe in addition to his duties, rights .,~ ..YNu~,: , `•- ~_ ay be excused duly before the 'moos consent H the Council shall by the Clerk at ' uncil member. eial :ales may be i in this subdivision time to time deems '!- ~ :yf Rules. In all other mat- - l menta ry procedure, the `~i'u be governed by the latest printed e ~ ~n of "Robert's Rules of Order". Subd. 4. Suspension of Rules. The op- eration and effect of any rule established or followed pursuant to this section may be suspended upon the ..unanimous vote of the Council. 2.08. Attendance at•°"''+until Mee~ings. The attendance of ~ aoun.;il meetings of each member of the council is deemed to be one of the most important duties imposed by law upon him. His press ence to participate in the hearings, de- liberations and decisions of the Council is essential to the proper discharge of his official duties. Recognizing that it is not always possible for each member of the Council to be present at al) meet- ings, and that by reason of business de- mands, state of health, persona) prob- lems, vacations and other matters oc- casions) absences are excusable, the fol- lowing rules apply to absences of Coun- cil members from council meetings when invoked by resolution: (1) The Council may by resolution at any time invoke .the rules hereinafter set forth, and such rules shall thereupon remain in effect until the end of the calendar year during which the resolu- tion is passed unless revoked prior to that time by resolution of the Council. (2) No member of the Council shall be absent from any regular meeting of the Council, nor from any special meet- ing of which he receives proper notice, unless excused by a majority of the Council. (3) Notices of special meetings shall be deemed properly addressed if ad- dressed to the address shown- on the member's voting registration. (4) For each unexcused absence from a regular or special meeting of the Coun- cil, each Councilman shall be penalized by a fine of such amount not exceeding $75, as set out in the resolution invok- ing these rules, and the Mayor is Pen- alized by a fine of such amount, not exceeding $100, as may be set out in such resolution. The resolution may specify a lesser penalty for absence from a special meeting than a regular meeting. (5) Any member of the Council de- siring to be excused shall, insofar as possible, give advance notice in writing to the Clerk, stating the meeting at which he will be absent, his reason for being absent, and where he will be dur- ing the meeting. (6) If circumstances prevent a mem- ber from giving such advance written notice, he shall give a written state- ment to the Clerk as soon as possible after the meeting from which he .was absent., setting forth the reason for his absence and his reason for being unable to give such advance notice. (7) At the next ensuing meeting after such written notice or explanation is re- ceived, the Council shall act to either excuse the absence or refuse to excuse it. (8) Until the Council has received and acted on such written notice of explana- tion,. further salary of the member who has been absent shall not be paid. (9) If the Council determines that the absence is not excused, the amount of the penalty for each unexcused absence shall be deducted from the salary of the member whose absence was not excused. (10) The total penalties for such un- excused absences occurring during any month shall not exceed the amount of the total monthly salary of any Council- man involved, CHAPTER II PART II. ADMINISTRATION 2.13, City Manager. Subdivision 1. General. The manager is the chief administrative officer of the city. He is responsible to the council for the supervision of all departments and divisions of city administration except where otherwise provided by law. He shall prepare and distribute to depart- ment and division heads such rules and regulations as he deems necessary for the orderly and efficient conduct of city administrative affairs. The manager Subd. 2. Specific Duties. The mana~,er is the chief purchasing agent of the city and is responsible for the preparation of estimates for the annual budget. He may employ an administrative assistant and such other employees including an ad- ministrative intern as are necessary for the execution of his duties. The man- ager's personal office staff is a separate department of the city administrative service. , 2.14. Departmental Organization, The ad- ministrative service of the city is di- vided into the following additional de- partments and divisions and heads there- of: Finance Department -Director of Fi- nance Division of Clerk-Treasurer - Clerk- Treasurer Division of Assessor -City Assessor Division of Accounting -City Account- ant Public Works Department -Director of Public Works Division. of Engineering -- City Engineer Division of Streets and Sewers - Sup- erintendent of Streets and Sewers Division of Parks - Supermtendent of Parks Division of Inspection -Chief Inspector Division of Water -Water Superinten- dent Municipal Liquor Store -Liquor Store Manager Police Department -Chief of Police Fire Department -Fire Chief Legal Department -City Attorney Health Department -Health Officer and Sanitarian Civil Defense Department -Civil De- fense Director 2.15. General Duties of Department and Division .Heads, Subdivision 1. " Administration. Depart- ment and division heads are the admin- istrative officers of the city. They are responsible for the efficient administra- tion of their respective departments or division and shall inaugurate, .with the approval of the manager, whatever prac- tices, programs and procedures are nec- essary to fulfill that responsibility. Subd. 2. Assignment of Duties. The man- ager may assign the same individual to head two or more departments or to head a division within a department. The manager may be a department head. Such department head shall per- form such additional duties as may be assigned him by the manager. 2.16. Finance Department,. Subdivision i, Duties of Director. The director of finance is responsible to the manager for the organization, planning, administration, and coordination of the financial affairs of the city. Subd. 2. Divisions of the Department of Finance, (1) Divisis~i of Clerk-Treasurer, The division of clerk-treasurer is supervised by the clerk-treasurer, whose duties in- clude, in addition to those imposed by law upon city. clerks and treasurers, acting as secretary to the council and filing and maintaining all city records. He is responsible for the safekeeping of all city funds and shall maintain such records of the financial affairs of the city as maybe required by the director of finance. (2) Division of Assessor, The asses- sor's division is supervised by the city assessor. He is responsible to the di- rector of finance -for the maintenance of whatever system of xecords is necessary for the systematic .and expeditious as- sessment of property for general taxa- tion .purposes.. - , (3) Division of Accounting. The divi- sion of accounting is supervised by the city accountant. He is responsible to the director of finance for the maintenance of general accounts of the city and the accounts of the various .departments and divisions. 2.17. Public Works' Department, Subdivision 1. Duties of Director. The director of public works is responsible to the manager for all activities relat- ing to the planning, construction, main- tenance, and operation of public ways., garbage and waste disposal facilities, city buildings,. parks, real property and rolling stock. He is further responsible for the supervision of the city public works inspection program. Subd. 2. Division of Public Works De- partment. (1) Division of Errginearing. The en- gineering division is supervised by the engineer who is responsible to' the di- rector of public works. His duties include ae>;pervision of the preparation of all ~ocum~e~nt sine dentt o tc ty consruc- tion projects, the supervision and in-. spection of city construction and main- tenance projects, and such other duties of ~an engineering nature as may be im- posed. by the director of public works. (2) Divisiat of Streets and Sewers. The streets and sewers division is sup- ervised by the superintendent of streets and sewers who is responsible to the director of public works for the mainte- nance of all city streets, street-lighting systems, traffic control signs and de- vices, alleys, public ways, sewers and sewer systems. (3) Division of Inspection. The-inspec- tion division is supervised by the chief inspector who is responsible to the di- rector of public works for the imple- mentation of the city public works in- spection program. The chief inspector shall supervise the inspection of all work performed by the building plumb- ing, electrical, gas installation, and heat- ing and ventilating inspectors to insure compliance with city construction regu- lations and state law. (4) Division of Parks, The parks di- vision is supervised by the superinten- dent of parks who is responsible to the director of public works for the imple- mentation of the city parks program and for the maintenance of the city park system. (5) Division of Water. The water di- vision is supervised by the superinten- dent of water who shall be responsible to the director of public works for the operation and maintenance of the city water system, including the water plants and meter system. 2.18. Municipal Liquor Store, The liquor store manager is responsible to the man- ager for the operation of the city liquor stores. city health ordinances or state ,health laws, rules or regulations, and recom- mend the abatement of nuisances affect- ing the public health. The'healffi officer . shat) be a doctor of medicine licensed to practice in Minnesota. Subd. 3:"Boards of Health, Whenever the council resolves itself to sit as the board of health, the health officer and the sani- tarian shall be ex-officio members of such board and shall advise the board on matters relating too health and shall recommend to the board such measures for adoption as they may deem essen- tial. 2.23. Civil Defense Depa.rtmert. The civil defense director is responsible to the manager and council in all matters af- fecting the defense of the civilian popu- lation. The director is empowered to do all` things necessary during times of civil defense emergencies. CHAPTER II PART III. PERSONNEL -POSITION CLASSIFICATION, COMPENSATION AND MERIT SYSTEM _ 2.28. Purpose. The purpose of Sections ~. 2.28 to 2.55 is to establish a uniform and equitable system of personnel ad- ministration for employees of the city. 2.29. Definitions. The following terms shall have the meanings ascribed to them in this section. (1) "Permanent Employee" means an employee who has completed his proba- tionary period and who serves in a po- sition which is provided in the budget on a permanent basis. (2) "Temporary Employee" means an employee w"~ has not acquired the stat- us of a g, :nt employee, and in- cludes .any ~ who is engaged in parttime, sews. ',; or casual employ- ment and who is compensated on an hourly or monthly basis. (3) "Benefits" means privileges grant- ed to an employee in the form of va- cation leave, sick leave, overtime al- lowance, holidays, military leave, mill- tart' induction pay or pay received in lieu of accrued leave upon termination of employment. (4) "Full-Time Service" means work ? for that number of hours which make up the regularly scheduled weekly or monthly period of service in the class, exclusive of leave with pay. 2.30. Scope of Part. Subdivision 1. Exempt Positions, Unless otherwise .specifically provided, the fol- lowing offices and positions are exempt from the provisions of Sections 2.28 to 2.55: Elected officials, members of boards and commissions, the manager, attorney and department heads. Subd, 2. Civil Service Employees. Em- '• ployees subject to the jurisdiction of a civil service commission are exempt 2.19. Police Department. The chief of from those provisions of Sections 2,28 to police is responsible to the manager for 2 55 which conflict with civil service the enforcement of state_ laws and city rules and regulations. ordinances and the preservation of law and order in the city. He shall direct the assignment of police officers, es- tablish training programs and supervise police personnel in all matters not with- in the jurisdiction of the police civ91 serv- ice commission. 2.20. Fire Departmeit. The fire chief is responsible to the city manager for the direction of fire fighting, fire protection and fire prevention activities of the city. He shall supervise and direct the as- signment and training of fire personnel and supervise fire personnel in all mat- ters not within the jurisdiction of the fire civil service commission.. 2.21. Legal Department. The city attorn- ney is the legal advisor to the council and the manager. He is responsible to the manager for administrative matters affecting the legal department, The city attorney shall represent the city in legal proceedings to which the city is a party and perform such other functions of a legal nature as the council may direct. 2.22. Health Department. - Subdivision 1. Sanitarian. The sanitarian is responsible to the ma-Hager for the enforcement of the provisions of this code and state laws affecting public health. He is responsible for the develop- ment and execution of an inspection program covering establishments pre- parmg, manufacturing, storing and handling commodities intended for hu- 2.31. Appointments. Appointments in the municipal service shall be made on the. basis of merit and fitness. All appl-int- ments shall be made by the' City Mai,-• ,-_ alter and shall be based upon the fol- lowing. standards: (i) By Examination. Where required by law or by the City Manager, merit and fitness shall be ascertained by writ- ten, oral, or other examinations designed to evaluate the ability of the candidate to discharge the position for which he is examined. (2) Without Examination. The C i t y Manager may appoint qualified persons to fill positions for which examinations are not required. (3) Relationship and Residence Quati- fieaNons, Wherever possible, the City Manager shall avoid the appointment of the spouse or relatives of an officer or employee of the city. For purposes of this section, "relative" means brother. sister, lineal ancestor or descendant, f,. cousin, and their spouses. Police a*- personnel must become reside-' ~ city within one year after pointment and shall r~ thereafter during sac'' er 'city personnel n'- of the city. 2.32. Pn• °} `r Subdi• • ~ ~ o~~ ' > alter ~~, c ~ ~~~~n. cancie~ N h ~~o O °'~ -~'- >~ ~~ man consumption. motion ~~ ~~'~o ~~., o`c cre- candida m c G~ o~ ~ °.ti co~,rG. place Subd. 2. Health Officer. The health of- ~ ? ~ 7 G N ~. ~ ' ficer is the medical. advisor to the coup- qualified, ~ o ~ .+ .-•~'~°" section length of se_~ '~ o ~ ~•~"` cis and the manager in matters affect- N ~ ~ , ing public her- `h. He :call advise the ~ o ° sanitarian on the rP P Subd. 2. Noti' p p, ration of .ins ec- post notice rn °'~~y, . nee. A spe- tion programs, recor ~ :end to the man- for at least fiv ~ ~ ssued for the alter appropriate. aci.~is •for• infractions of• - ~ ~ F ~. PAG N-OFFICIAL PUBLICATION C_ I'QF RICHFIELD 2.33. Probationary Period. Subdivision 1. Purpose. The probationary Period is an integral part of the exam- ination process and shall be utilized for observing the employee's work, for se- curing the most effective adjustment of the employee to the position, and for rejecting any employee whose perform- ance does not meet the required work standards. Subd. 2. Duration. All original a~point- ments are probationary and subject to a probationary period of six months serv- ice after appointment. At any time dur- ing the probationary period an employee may be transferred or dismissed if his performance does not meet .required standards. Subd. 3. Applicability to Promotions. All promotions are subject to a probationary period of six months_ If an employee who has been promoted is found unsuited for the work of the class or position to which promoted, he may be returned to the position from which he was pro- moted or to a comparable position. Subd. 4. Applicability to Leave Benefits. During the initial probationary period, an employee is not entitled to sick leave or vacation leave. After six months of service an employee is entitled to sick leave as provided in Sec. 2.43 of this part and may accrue vacation leave from the start of the probationary em- ployment, but is entitled to vacation leave only subject to Sec. 2.42 of this Part. Subd. 5. Completion. An employee who has completed six months of pro- bationary service and who has not re- ceived, before completion of the six months service, a written notice from the city manager that his services are terminated shall be considered to have successfully completed the probationary period and attained the status of a per- manent employee. 2.34. Provisional Appointments. Subdivision i. When Made. If necessary to prevent the stoppage of public busi- ness or inconvenience to the public, but not otherwise, the manager may make a provisional appointment to a position in a class for which examinations are ordinarily given and for which appro- priate employment lists are. not then available. Subd. 2. Termination. A provisional ap- pointment shall terminate: (i) By action of the manager, or (2) By expiration of the period during which any such appointment is limited by civil service or any other law; or (3) By the effective date of a regular appointment w the position. Subd. 3. Benefits. No benefits shall be given for service rendered under apro- visionaI appointment unless the provi- sional appointee shall at the time of the provisional appointment be a perma- nent employee in another capacity. 2.35. Position _ Classification Plan, Subdivion i. Establishment of plan, The manager shall establish and maintain a position-classification plan for positions covered ; by Sections 2.28 to 2.55 of this chapter. Positions shall be grouped in classes having a definite range of dif- ~,,._,,,/~'~ty and responsibility. For each class or position there shall be: (1) A class title description of the duties of positions within a class (2) A written class specification con- taining adescription of the nature of the work and the relative responsibility of the positions in the class, examples of work which are illustrative of duties of positions allocated to the class, re- ' quirements as to knowledge, abilities, and skills necessary for performance of the work, and a statement of experience and training desirable for recruitment into the class. Subd. 2. Allocation of New Positions, When a new position is created for which no appropriate class exists or when the duties of an existing position are sufficiently changed so that no ap- propriate class exists, the manager shall create a new class and shall cause an appropriate class specification to be written for said class. Subd. 3. Filing of Plan, A copy of the ~sition-classification plan shall be iced on file with the clerk. The plan Filed and subsequently adjusted shall ~~e position-classification plan of the 'mPensation Plan. n 1. Establishment, There shall times be a general compen- for all positions subject to to 2.55. Such plan shall be pd from time to time ~ncil resolution. Such res• ..,. ._ ., ,._~e .., olution shall state the starting salary and the maximum salary for each posi- tion-classifica tion. Subd. 2. Annual Seteeddle of Pay. The annual schedule of pay for each position shall be established by a separate res- olution of the •council annually, after adoption of the annual budget but be- fore the budget year begins and shall be filed with the clerk. Subd. 3. Expenses in Addition to Salary. Any salary range established for a class shall represent the total renumeration for full-time employment in the class, but shall not be considered as reimburse- ment for official travel or other ex- penses which may be allowed for the conduct of official business. Unless ap- proved by the manager, no employee shall receive pay from the city in ad- dition to the salary authorized for any position_ or positions to which he has. been appointed. 2.37. Work Week and Work Days. Work schedules for personnel shall be estab- lished by the appropriate department head with the approval of the manager. The regular work week for employees other than police, fire and liquor store personnel is five eight-hour working days, Monday through Friday, except as otherwise established by the department head. 2.38. Compensation for Temporary Em- ployment. Subdivision 1. Pro-Rata Basis. Whenever an employee works for a period of less than the regularly established number of hours a day, days a week or weeks a month, the amount paid shall bear the same relationship to the fulltime rate for the class as the time actually worked bears to the time required for full-time service. Subd. 2. Benefits. Temporary employees are not entitled to sick leave, vacation leave, or holidays with pay. 2.39. Hourly and Daily Rates. Subdivision 1. When Used. Upon approv- al' of the city manager, employees in specified classes may be compensated at hourly rates of pay when conditions of employment warrant such action. Subd. 2. Computation. Such hourly rate shall be determined by dividing the an- nual budgeted salary by the annual num- ber of regular hours in that year to be worked by employees of the class as provided in Subd. i hereof. Part-time employees will be hired at an hourly rate as provided for the class into which they are hired and will be compensated only for the .number of hours worked. 2.40. Compensation Rates in Transfer, Promotion or Demotion. If an employee is transferred, promoted or demoted, his rate of pay for the new class. shall be determined as follows: mot ~~thecrate of pay for the former class ss than. the minimum rate estab: ~,, 4 for the class of the new po- sition, _P. gate shall be advanced to the minimurii of the class to which trans- ferred or promoted. (2) In the case of a transfer or de- motion, if the rate of pay in the former class is more than the maximum rate established for the class ~of the new po- sition, the rate of pay shall be reduced to the maximum rate of the position classification to which transferred or de- moted, such determination to be made by the City Manager. (3) In case of transfer for the good of the service and not in the nature of a promotion or demotion, the rate of pay shall remain the same. 2.41. Over-Time Compensation. Author- ized over-time work performed by per- sons other than the city manager, de- partment and division heads and mom- hers of the fire and police departments shall be compensated for at it/z times the. regular rate of pay. 2.42. Vacation Leave. Subudivision i. Schedule. Each perma- nent employee having less than five years consecutive full-time service shall earn vacation leave at the rate'of one working day for each calendar month of full-time service or major fraction there- of. Each permanent employee with more than five but less than ten consecutive years of full-time service shall earn va- cation leave at the rate of 11/a working days for each calendar month of full- time service or major fraction thereof; and each permanent employee with ten years or more of consecutive full-time service shall earn vacation leave at the rate of 11/z working -days for each cal- endar month of full-time service or ma- jor fraction thereof. ---. _ _ _ _ ~: ~. Subd. 2. Accrual. Employees may accrue vacation leave to a maximum of 24 working days. In the event an employee has been unable to take advantage of vacation leave as earned, with the re- sult that the employee has accumulated a total of 24 working days vacation, he may absent himself from work with two (2) days notice to take vacation leave and thus prevent the loss of vacation leave beyond the maximum of 24 days. Subd. 3. Time of Annual Va.eation, Va- cation leave may be used as earned, pro- vided that the city manager shall ap- prove the time at which the vacation leave •may be taken. No employee shall be allowed vacation leave until after completion of one full year of employ- ment. Subd. 4. Terminal Leave. Any employee after one (1) full year of employment leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued and unused tq the date of separation not to exceed 24 days. Subd. 5. Waiving Vacation Prohibited. Vacation leave shall be granted to em- ployees for a period of recreation, No employee shall be permitted to waive leave for the purpose of receiving double pay. 2.43. Sick Leave. Subdivision 1. Eligibility. Sick leave with pay shall be granted to all probationary and permanent employees at the rate of one working day for each calendar month of full time service or major frac- tion thereof until 100 days of sick leave have been accumulated and at the rate of one-fourth working day for each cal- endar month of full time service or ma- jor fraction thereof after more than 100 days of sick leave have been accumu- lated, except that sick leave granted pro- bationary employees shall not. be avail- able for use until satisfactory completion of the initial (not promotional) proba- tionary period. Subd. 2. Accrual. Sick leave may be granted only for absence from duty be- cause of personal illness, legal quaran- tine or death or serious illness in the immediate family. Sick leave shall be computed on a calendar. month basis. Workmen's compensation benefits shall be credited against the compensation due an employee during sick leave. Subd. 3. Proof Required. In order to be eligible for sick leave with pay, an em- ployee must: (1) Report promptly to his department head the reason for his absence; (2) Keep his department head inform- ed of his condition, if the absence is more than three days duration; (3) Submit a medical certificate for any absence exceeding three days if re- quired by the City Manager. Subd. 4. Penalty. Claiming sick leave when physically fit, except as permitted in this section, may be cause for dis- ciplinary action, including transfer, sus- pension, demotion or dismissal. Subd. 5. Terminal Sick Leave. No sick leave benefits shall be granted upon termination of employment. 2.44. Accrua'I During Leave. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave or sick leave. 2.45. Military Leave. Subdivision 1. Eligibility. All municipal employees who are members of the Na- tional Guard, the Army, Navy, Marine Corps or Air Force Reserve, or are subject to call or induction into feder2l service by the President of the United States, or other proper authority, are entitled to the benefits provided by the military leave stattue, Minnesota Stat- utes, Section 192.26. 2.46. Leave of Absence Wittt,put Pay. Subdivision 1. Eligibility, Leaves of ab- sence without pay for periods of up to 90 days may be granted in the discre- tion of the City Manager. The City Man- ager is authorized to extend such leaves to a maximum period of one year u~ cases of disability or where extraordi- nary circumstances, in his judgment, warrant such an extension. Leaves of ab- sence without pay for persons called into military service or incapacitated by a municipal service-connected disability may exceed one year. No vacation or sick leave benefits may be accrued dur- ing leaves of absence without pay. Subd. 2. Jury Duty, When a municipal employee performs jury duty or is sub- poenaed as a witness in court, the em- ployee is entitled to compensation .equal to the difference between, his regular pay and the amount received as juror or witness fees. Subd. 3. Prior Approval, Leaves of ab- sence without pay. require the prior ap- proval of the employee's department head and the City Manager. 2.47 Rest. Periods and Holidays. Subdivision 1. Rest Periods. All regular employees, when working under condi- tions where the use of a break period is practicable, shall be granted a 15 min- ute break period in the forenoon and a 15 minute break period in the afternoon of each work day. Subd. 2. Legal Holidays. The following legal holidays are paid holidays for city employees: New Year's Day, Lin- coln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independ- ence Day, Columbus Day, Labor D Veterans Day, Thanksgiving D a a~~ Christmas Day. When New Year's Day, Memorial Independence Day or Christmas Day on Sunday, the following day shall paid holiday. All employees who ate-' quired to be on duty on any holidr• either be given the following, d~ holiday or given an additional vacation leave, at the discretion;; City Manager. 2.48. Resignation. Any employee w to leave the municipal service in standing shall file with his depart head, at least 14 days before leav a written resignation stating the ef' tive date of the resignation and the r~ son for leaving. Failure to comply w' this procedure may be considered cat!. of denying such employee future emplo ment by the municipality and denyin terminal leave benefits. Unauthorized a Bence from work for a period of thre working days may be considered by department head as a resignation with out benefits. 2.49. Grievance Policy. It is the polio of the city to prevent the occurrence o grievances and to deal promptly wit those which occur. When a grievanc comes to the attention of any super visory employee of the city, the super visor shall discuss all relevant circum stances with the employee (and his rep resentative if he so ,desires ), conside and examine the causes of the griev ance, and attempt to resolve it to th extent that he possessed authority. Fail- ing at that level, the grievance may be carried to the City Manager. 2.50. Lay-Offs. The City Manager may 14: - nff any employee whenever such ac- ti(nr~ r~ necessary because of shortage of work or funds, the abolition of a position, or changes i organization; provided, however, tha~two weeks advance writ- ten notice shall be given to the em- ployee. However, no permanent em- ployee shall be laid off while there are temporary employees serving in the same class of position for which the permanent employee is qualified, eligi- ble and available. Length of service in the same position class may be given consideration. 2.51. Suspensions, Demotions and Dis- missal Subdivision 1. Suspensions. The City Manager may suspend an employee without pay for disciplinary reasons. Such suspensions may not exceed a total of 30 days in any one calendar year. Subd. 2. Demotions. The city manager may demote an employee for inefficient performance of duty, for disciplinary reasons, or in the best interests of the municipal service. , Subd. 3. Dismissal. The city .manager may ,dismiss any officer or employee for incompetence, incapacity, or misconduct subject to the requirements of the city charter. Subd. 4. Appeal. Grounds for suspension, demotion or dismissal must be present- ed in writing by the manager to the affected employee. If the employee sub- mits awritten request for a hearing to the manager within five working days of notification of suspension, demotion or dismissal, he shall be granted a hear- ing before the city manager. The hear- ing shall be held within ten working days from the date the request is filed. 2.52. Unlawful Acts. Subdivision 1. Falsification of Records. No person shall wilfully make any false statement, certificate, mark, rating or report in regard to any test, certificate or appointment held or made under the municipal personnel system or in any manner .commit or attempt to commit elusive, B ~ tion; and a , LQ B~ nue and 63 a a ` r an ~o 1 ter lin H ~. 'C~' in Blo ~ o tion a e ~ ~d (12) Avers ' erly Hof G erly: ,.oe a ~, r ~I b'r pt nt a. `~'ganiz part in '''p-- except p' ~ nor sha d~~. bar of ganizat op ~. Go~- V of ~' ~=•. for A.. maticau without connect until he 'ever, if ice requ absence terminal 2.54. E n Subdivis is hereb; visoiy I capacity in the i -and adn gram ai matter nicipal s~ Board n personne and the Subd. 2. ployees' the man. lected b~ the first year, an The s~ be select groups: Streets a bar Engineer one m~ Fire Dep Police D Liquor S1 Finance, ments Water an bar Subd. 3. Employe the apprc the montl take offi ruary fol: shall arr. secure z provided. board sh ing his t~ motion. Subd. 4. Member: employee for three cessors office at tion shat piration Subd. 5. elected ~ be filled from and expired When th one year bership r a specia] employee 2.55. Rei Subdivisi ployees elusive, tion; a~ nue anc and 63~ (11) ter in Bl~ tion of (4 A 144 the impartial exe- `jad signs of Sections 2:28 l't Set of Consideration, No Gd employment to or promo- s cipsl•service shall either ( irectly8ive, render, or pay ` service or other valuable - ~ tp any Person, or on ac- in connection with his test, , : tment, promotion or pro- d Activity. 'oa 1. Degree of Participation d. No employee shall seek or t election, nomination or appoint- t as an officer of a political club or ganization which is taking an active t in a municipal political campazgn, %~~ except on behalf of his own candidacy, r nor shall any employee serve as a mem- ~' ber of a committee of such club or or- ganization, nor seek signatures to any petition provided by law,. nor act as a "CS --""'~~r for nomination to a of _ ge. der - Not Prohibited. prevent any err- ~ v u or continuing to litical club or or- ' ttendan~ce at a po- o f r s, Bence ~n casting his '• g or accepting elec- iJ~i~ ent to public office. r ~'?`lr.~..~'~acy - .Leave of Absence. -~ who becomes a candidate fo3^t..,_ " dive public office shall auto- matican,. ;;ceive a leave of absence without pay and shall perform no duties connected with the position held by him until he is na longer a candidate. How- ever, if the needs of the municipal serv- ice require, the vacancy created by his absence may be filled and his service terminated. 2.54. Emp'toyees Advisory Board, Subdivision 1. Scope of Authority, Them is hereby established an Employees' Ad- visory Board to serve in an advisory capacity to the Manager and the Council in the .formulation of personnel policy and administration of the' personnel pro- gram and in the consideration of any matter affecting the quality. of the mu- nicipal service. The Employees' Advisory Board may make recommendations on personnel matters to the City Manager and the Council. Subd. 2. Composition of Board, The em- ployees' .advisory board shall consist of the manager, one councilman to be se- lected by a majority of the council at the first meeting in January of each year, and seven employees. The seven employee members shall be selected from the following employee groups: Streets and Sewers Division -one mem- ber Engineering and Inspection Division - one member Fire Department -one member Police Department -one member Liquor Store Department -one member Finance, Executive and Health Depart- ments -one member Water and Parks Divisions -one.. mem- ber .Subd. 3. Selection of Employee Members. Employee members shall be selected by the appropriate employee groups during the month of January. All members shall take office on the first day of . Feb- ruary following their election. The clerk shall arrange for necessary elections to. secure representation as hereinbefore provided. No employee member of the board sha11 be precluded from complet- ing his term because of transfer or pro- motion. Subd. 4. Term of Office of Employee Members. Employee members on the employee's advisory board shall serve for three year terms and until their suc- cessors qualify. Employee members in office at the effective date of this sec- tion shall remain in office until the ex- piration of their terms. Subd. 5. Vacancies. Vacancies in the elected membership of the board shall be filled by appointment of a member from any employee group when the un- expired term is less than one year. When the unexpired term is more than one year, vacancies in the elected mem- bership of the board shall be filled by a special election within the appropriate employee group. 2.55. Retirement. Subdivision 1. Retirement Age, All em- ployees of the city, except elected offi- 'cials, shall automatically be retired upon reaching the age of 65 years, ex- cept as provided in Subd. 2 of this sec- tion. This provision applies to all de- partment heads and to the manager, not- withstanding the provisions of Subdivi- sion 1, Section 2.30. Subd. 2. Limitations. (1) Any employee ,who was over 60 years of age on April 1, 1967, shall be eligible to continue in the employment of the city until April 1, 1972, or until reaching age 70, whichever is earlier. (2) Any employee of the city as of April 1, 1967 shall be eligible to continue in the employment of the city until he has accumulated 20 years of service with the city or until he has reached the age of 70, whichever is earlier,. but this provision shall not require retire- ment before age 65. Subd. 3. Exception. of Fire and Police Departmennts. The provisions of Subd. 2 shall not apply to employees of the police • and fire departments, other than the wirnstanaing the provisions of Subd. 2 of this section, any employee who has reached the age of 65 years shall be retired if a medical examination of such employee discloses that the employee's ability to perform the duties of his po- sition has been impaired by reason of any physical illness or deficiency. Any employee retained in the municipal serv- ice beyond the age of 65 years under the provisions of Subd. 2, or reinstated or appointed from a re-employment list after said age, shall be required to sub- mit asatisfactory report of medical ex- amination by a physician approved or designated by the manager, which shows the employee to be physically and men- tally able to perform the duties of his .position. No deferral of retirement after age 65 shall be for a ps•' ,d in excess of one year. But deferr ,~ may be con- tinued on a year-to-year basis, to the ex- tent permitted by Subd. 2, subject to the same conditions governing the grant of an initial deferral of retirement. Upon written notice to the employee, the man- ager may cancel a deferral of retirement at anytime, The city may require verifi- cation of the age of any employee, and failure of the employee to provide such verification shall permit the city to de- termine that such employee has reached the age of mandatary retirement. Subd. 5. Service After Retirement. The provisions of this section shall not pre- vent aformer employee of the city from being engaged as a full-time or part-time consultant of the city on specific proj- ects after retirement. CHAPTER II PART IV. DEPARTMENTAL PERSON- NEL REGULATION 2.60 Fire Department Subdivision 1. Availability of Personnel. Members of the department are consid- ered to be .available at all times. An employee who wishes to engage in work outside of city employment shall coin-' ply with the .following procedure: (1) He must receive prior approval from the fire chief and the city manager. (2) He must make his request for per- mission to engage in off-duty employ- ment in writing. Such a written request shall include a description of the pro- posed employment showing that the con- dition and nature of employment will permit him to respond to a fire call within a reasonably short period of time and that such employment will be wrth~ in a four mile radius of the central fire station of the city. Such written request shall also contain an agreement to no- tify the fire chief nor member's superior officer of any change in his outside work- ing conditions, and that if his employ- ment is proving to be incompatible with city employment as a member of .the department, he will terminate his out- side employment. (3) Permissible off-duty employment of a member of the department shall not include the selling or servicing of any type of fire fighting equipment or ac- cessories. (4) If a member of the department is injured while engaged in off-duty em- ployment, he shall not be entitled to sick leave or workmen's compensation from the city for any resulting absence from duty with the department, but his position as a member of the department shall not be vacated for a period of three (3) months after the commence- ment of such absenteeism. Subd. 2. Effect of Section of Firemen`s Relief Association Funds. Nothing con- tained herein shall be interpreted to de- prive any person of any rights which he may have to any funds, general or special, in the Richfield Firemen's Re- lief Association. { . , ... ,- ... CX ,c n ' ' ~~Nflfr ' Tk~t . ,... . .. ..., ti - OFFICIAL PUBLICATION CITY OF RICHFIELD-TH~12"t ~ •`~'rt'D SZJ~1 ~=r . 'E 5 CHAPTER II tained in Minnesota .Statutes 463.15 to 463.26 regulate the same subject matter, PART V. MUNICIPAL ELECTIONS. and a question of interpretation or ap- plication arises, the provisions of Minne- 2.65. Regular Annual Election Date. The regular annual city elections shall be held on the first Tuesday after the first Monday in November, 2.66. Applicable Law. sota Statutes 463.15 to 463.26 shall be deemed to control Subdivision 1. State Law, A11 elections in the city shall be held according to the provisions of the Minnesota Elec- tion Law, Minn. Stats. Chapter 205, and as the same may be amended from time to time. Subd. 2. City Charter. Additional provi- sions governing the nomination and elec- tion procedures are contained in the charter. CHAPTER III CHAPTER III. BUILDING, HEALTH, ZONING AND LAND USE REGULA- TIONS. PART I. BUILDING AND MECHANICAL REGULATION 3.01. Scope of Chapter,. The purpose of this chapter is to provide minimum standards to safeguard 1 i f e and limb, property, and public welfare by regulat- ing and controlling the design, construc- tion, quality of materials, use and oc- cupancy, location and maintenance of all buildings and .structures within the city and certain equipment specifically regu- lated herein. 3.02. Adoption of Uniform Building and Housing Codes and Standards by Ref- erence. Subdivision 1. Adoption. The building and housing codes prepared by the Inter- national Conference of Building Officials entitled, respectively, "The Uniform Building Code Volumes I, II, and III," and "The Uniform Building Code Stand- ards", and contained in the publications entitled, respectively, "The Uniform Building Code, 1967 Edition, Volume ~ I", "The Uniform Building Code, 1967 Edi- tion, Volume II, Mechanical Code", "The Uniform Building Code, 1967 lJdition, Vol- ume III Housing", and "The Uniform Building Code Standards, 1967 Edition", are hereby adopted by reference. Ex- cept where otherwise specifically pro- vided, every provision contained in the codes herein adopted shall be a part of this chapter as if fully set forth herein. Subd. 2. Building Officia'1. For purposes of this chapter the term "building offi- cial" as used in the Uniform Building Code, the Uniform Housing Code, and the Uniform Building Code Standards herein adopted shall mean the chief in- spector of the inspection division of the department of public works, or where applicable, the city health officer or sani- tarian, or the fire marshall. 3.03. Dangerous and Substandard 8uild- ings. Subdivision 1. Adoption of the Uniform Building Code, Volume IV, "Dangerous Buildings", by Reference. Volume IV of the Uniform Building Code, 1967 Edition, entitled "Dangerous Buildings" is here- by adopted by ,reference. Except where otherwise provided, and subject to the provisions of this section, every provi- sion contained in the codes adopted here- in shall be a part of this chapter as if fully set forth herein. Subd. 2. Building Official. For the pur- poses of this chapter the term "building official" as used in the Uniform Building Code, Volume IV, adopted in this section shall mean the chief inspector of the department of public works; or the health officer or sanitarian of the health de- partment whenever the nature and pur- pose of any municipal activity pursuant to this chapter is to control or abate un- healthful or unsanitary conditions, or the fire marshall whenever the nature and purpose of any municipal activity pur- suant to this chapter involves fire pre- vention. Subd. 3. Orders for Abatement and Con- trol. When any of the conditions either prohibited or subject to control under the provisions of the Uniform Building Code, Volume IV, adopted by reference in sub- division 1 of this section exist, the coun- cil may. issue orders for abatement or control in accordance with Minnesota Statutes 463.15, et seq., provided, how- ever, that such orders shall not. be issued unless the condition sought to be abated or controlled is a condition subject to the provisions of Minnesota Statutes 463.15, et seq. Subd. 4. Conflicting Provisions, When- ever the provisions of the Uniform Build- ing Code, Volume IV, entitled "Danger- ous Buildings" and the provisions con- 3.04. Adoption of Minnesota Plumbing Code and City of Minneapolis Plumbing Code by Reference. Subdivision 1. State Code Adopted. The Minnesota Plumbing Code of Minimum £tandards and Requirements, as adopted and amended by the State Board of Health on October 27, 1933, and April 10, 1934, respectively, pursuant to Chapter 349, Laws of 1933, State of Minnesota, except Sections 32, 38, 42, 45, 46, 53, 58 and 62,t.he second paragraph of Section 67, Sections 69, 70, 74, 75, 79 and 80; the second paragraph of Section 81, Sec- tions 85A, 85B, 88,.100, 103, 104, and 110; the second paragraph of Section 112; Sections 113, 114, 115, and 116; the second paragraph of Section 117A, Section 117B and Sectlons'125, 127, 128, 129, 132, 134, 135, 136, 138, 142, 144, 145, and 153 thereof, is hereby adopted by reference. Except where otherwise specifically provided, every provision of the Minnesota Plumb- ing Code as herein adopted shall be Part of this Chapter as if fully set forth herein. Subd. 2. Adoption of City of Minneapolis Plumbing Cody by Reference. In addition to the Minnesota Plumbing Code, the City of Minneapolis Plumbing Code, con- tained in Chapters 130-132, inclusive, of the City of Minneapolis Ordinance Code is hereby adopted by reference. Except where otherwise specifically provided, every provision of the Minneapolis Plumbing Code, as herein adopted, shall be a part of this Chapter as if fully set forth herein. In the case of any conflict -in interpretation between the provisions_ of the two Codes adopted by reference in this section, the provisions of the City of Minneapolis Plumbing Code shall control. Subd. 3. Admiroistrative Authority, For purposes of this chapter, the term "prop- er administrative authority" as used in the Minnesota Plumbing Code herein adopted, means the chief inspector of the Department of Public Works of the city and the term "plumbing inspector" as used in the City of Minneapolis Plumb- ing Code means the plumbing inspector of the City of Richfield. ' Subd. 4. Permits Required. Except as otherwise provided in Subd. 6 hereof, it is unlawful for any person to perform any plumbing work regulated by this chapter without first having obtained a permit as provided in Section 3,,06. Permits required by this section may be issued only to persons duly licensed by the State of Minnesota as provided in Minnesota Statutes 326.37, et. seq. Subd. 5. State License; Registration of Plumbers, There is no license fee for plumbers in the city; provided, however, that no person shall practice or engage in the business or trade of plumbing within the city unless such person is the holder of a valid and current license from the State of Minnesota. All persons holding such licenses shall register with the clerk before engaging in the trade or business of plumbing within the city and shall in so registering file proof of such state licensing. __ Subd. 6. Regulation of the Installing of Water Softening Devices. The installa- tion of water softening devices shall be subject to the following regulations: (1) No person shall engage in the busi- ness of installing, leasing or servicing water softening devices which shall be connected with, or used in connection with, any water pipe or main connected with the water supply system of the city, or any private domestic water supply therein, without being licensed to do so by the city manager, or unless licensed as a plumber by the State of Minnesota. (2) The annual license fee for such license shall be $25.00. (3) The application for such license shall be made on blanks furnished by the city clerk, shall state the location of the applicant's place of business, the name of manufacturers of water soften- ing devices to be connected, installed or serviced by the applicant, the experience of the applicant in connecting, servicing installing and constructing water sor` ing devices, the names of emplr will be engaged in actua~ connecting of water s within the city ,~ tion as the d, (4) No c ~ ~a o~~'n, installed of N y' `D.+ N ~~ ~ or main un y N~ho~~~~od °'~ ~r cre- ssuedl b oth~ ~ ~~ ~ o ~ o''co °fr' ° lace y p'~,..p h~.dN I"~ 'i r P for said perm ' g~+ ~ a.'~~9. section permit shall 1, ~N ~ ~7 '~%-°''~ , not licensed he, ~~ ~ ~ erwise authorize: d '3 nee. 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'm ^r:,•y. b. yy ~~d,y m°`omyMos e,bMb~~'.oaba ^5~ia^~r°o~ 5'~~~cm~9{ S~mbR'mony5~ c^moyo ~~°•~°s~eya<°°*, ~`°°m.or'mbmpoa ~rt~x~m nyy5m5co~C ~'~,~s~M~~."n.•`Cy• y td oa a, y s ~, 0 5 x y .,';, m n aMbb~~ ~°cKanr'~~.~~' a°,~'Sy~~~acm a'tia,~' can,~m m ~q•Fb.c 'Cmhbb ~cmy'mb5~ ~bM ~ a w °'nm5 ^m ".5'Sk m..y rog~y~~~ mn'e~y~M~~~~7~.a .~ m5'"'~hmaw y~,5~ymaab°mg°m'aw-~ri~o 0 '~•~,Oy"'m~q,.mf o"lb ^~°~nrt~hky`,C'0 F dm54~.c°m~b'~a~~,d momc~~m~`°~ ~• m.Tm`~m"'rt~""°"M ~' ~' r.r.b,a°'rm b ~m m b'mM i.,;C e~'Jy tbn M" ° s'r~O M,.'ymyn p 5~~~~~'hn~~~~ ~tr°~~o5~rn~ rm.. yamm~^mhj° m mr~ub,'b"M °mymo•~y °ym E`~bM 5m~ba°'Sd~~ ~. ~oro'S.~ao'~'m°y'~~m7~?~m ~fDUh,ymSbyy,`yh°~ b .part,~ybra•°u, b`~R.bC• o~~m~~y5'rtb ~ am E"y ~m`.m h0a°~ 65i m~,b yy Cm~-r 0 O my "t (yp dm~drmy~Q,4~ M mrt~m ~~..y yb ~ I i a _,~ ire department of the rembeire depart 'etors,rworf the meet kin fir dee ells, as sha r ]I e departrne cessary nt P c ors w oemP oy made when -' marshaulorbmar_ ' fire liar 5Y theention Code wheneveraath o f_ tation pPro_. arshallswith the ins it ea11 shall $~ Proceeto the statis • dings 'Aartrn CIC3 s ~~~hie~o f t p ~~'e~~.co,~fitnend ~Y SUC ~r'- arged h f~' ;in urPo 12 Su ~ he n~«, ~se< ens ..Wien , nY u upon °i~y a of o w ~ of in sal a, 'anyb rE inept orf thereo;F, 'r shall Bch rea- m such if anY riIding ection carne er of- rmit_ Pro- be •ized jade per- iec- ms to. fi a conspicuous place in distribute copies thereof p~' patties; Specific Provisions. e who shall violate any of the of the fire prevention code or mply therewith, or who shall r fail to comply with any order ereunder, or who shall build in ~ on of auy detailed statement of ications or plans submitted and ap- ed thereunder, or any certificate or mil issued thereunder, and' from ich no appeal has been taken, or who all fail to comply. with such an order s affirmed or modified by the council r by a court of competent. jurisdretion,~ ithin the time fixed therein, shall sev-~ erally for each and every such violation and noncompliance respectively be guil- ty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to con- tinue; and all such persons shall be re- quired to correct or remedy such vie- : lations or defects within a reasonable imposinon or any pen- held to prevent the of prohibited condi- ee. The annual fee for ed under the provisions $5.00. Such permit fee the clerk and such an- ' ee shall not be prorated n of a year. Permits are :alendar year basis. tj~e Per- ~^~~ishment of Fire Zanes. ~' ~n 1. Establishment. To pro- ~„,; cause of fire prevention and fiTi,,,~ , ~o effectuate other provisions of this co'Ie relating to fire prevention and control, certain areas within the city are hereby designated as official fire zones. Subd. 2. Official Fire Zone Maps, The boundaries of and land areas included in these zones shall be so designated- on the official fire zone map of the city. This map shall be maintained in a cur- rent and accurate mann@@r and official copies shall be filed for ,record in both the fire department offices and the of- fice of the chief inspector of the city. The .maps shall be available for public inspection during regular city office hours. 3.11. Establishment of Fire Lanes. Subdivision 1. Orders Establishing Fire Lanes. The fire department is hereby aut.h•orized to order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be in- terferred with, and that access to fire hydrants or buildings may not be ob- structed. Subd. 2. Signs and Masking of Fire Lanes: When a fire lane has been or- dered to be established pursuant to sub- division 1 of this section, it shall be marked by a sign bearing the words "No Parking ,- Fire Lane" or a similar message. When the fire lane is on pub- lic property or a public right-of-way, the sign or signs shall be erected by the city, and when on private property, they shall be erected by the owner ~ his own expense within 30 days after he has been notified of the order. Subd. 3. Parking or Otherwise Obstruct- ing Prohibited. After a sign or signs have been erected in accordance with subdivi- sion 2 of this section, no person shall park a vehicle or otherwise occupy or obstruct the fire lane. 3.12. Other Prohibited Acts. Subdivision 1. Interference with Fire De- partment Duties. No unauthorized person shall ride upon, race with, trail or follow within 600 feet of any apparatus belong- ing to the fire department when such apparatus is actively responding to a fire call. Subd. 2. Protection of Fire Hoses, No person shall drive any vehicle over a fire hose except upon specific orders from. a member of the police or fire de- partments of the city, and then only with due caution. Subd. 3. Parking Near Fire Equipment. No person shall park any vehicle or place any material or other obstruction within 20 feet of the entrance to any fire station or within. 10 feet of any fire hy- drant or i'ire cistern nor shall any per- son park any vehicle within 300 feet of a place where a fire requiring fire fight- ing by the fire department. is in prog- ress. Subd. 4. False Fire Alarms, No person shall sound a false fire alarm knowing such alarm to be false.. Subd. 5. Authorized Use of Fire Equip- _ _ __ ~. __ ~_ ..OFFICIAL. pllBLtCATaOA CFTY OF ~ICHFIELD- ,~,t;.FICHFIELD"5L7N'~ RAGE 7 inept. No person shall use any fire ap- paratus or equipment for any reason ex- cept.as such as may be described by the chief of the fire department. 3.13. Uniform Enforcement Procedure; Appeals. Subdivision 1. Scope of Section. When- ever any person is deemed to be in vio- lation of the provisions of this part, or any other provision of this code to which this section is made applicable, the city officials vested with the responsibility of enforcing this part as provided hereut shall employ the procedures delineated in this section. To the extent that any of the following provisions conflict. with any other provisions adopted by reference in this part, the provisions of this section shall control. The provisions of .this sec- tion shall also apply to the regulations contained in Parts III. and IV. of this chapter. Subd. 2. Definitions. The following terms shall have the meanings ascribed to them in this section: -_ (a) The chief inspector of the inspec- tion division of the department of pub- lic works; (b) The health officer or sanitarian of the health department; and (c) The fire marshall or marshalls of the fire department. These staff members are vested with the primary enforcement responsibility for the provisions of this part. Subd. 3. Notice of Violation. Whenever the enforcing officer determines that there has been a violation of any one or more provisions of this part, he shall give notice of such alleged violation to the person or persons who are or may be responsible therefore, as emrmerated in subdivision (4) below. Such notice shall: (1) be in writing; (2) particularize the violation or vio- lations alleged to exist or to have been committed and the repairs or improve- ments required to bring the condemned building, dwelling, dwelling unit or room- ing unit into compliance with the provi- sions of this part; (3) provide a reasonable time, but not less than 10 days in any event for the correction of the violation or violations particularized; (4) be addressed to and served upon the owner of the property, the owner of the building, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occu- pant is or may be responsible for the violation; and (5) inform persons concerned of their rights of appeal under this part. Subd. 4. Service of Notice. Service shall be as provided for personal service by the rules of civil procedure for courts of record in Minnesota, or by registered or certified mail, return receipt requested, delivered to the addressee only. If service is made by registered or certified mail, the enforcing officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort so to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the building affected by the notice, . in which event the enforcing of- ficer shall include in the record a state- ment as to why such posting was neces- sary. Subd. 5. Imminent Hazards - Tempo- rary Condemnation. Whenever the en- forcing officer finds any building, dwell- ing, dwelling unit or rooming unit which does not conform to the standards estab- lished by this part, and further finds (1) that by reasons of such nonconformity it presents an imminent and serious haz- ard to public health, or to the physical and mental health of the occupants there- in, and (2) that the repairs or improve- ments required t.o remove such hazards do not appear reasonably possible within a time which will be adequate to elimi- nate such imminent hazard, the written notice of violation provided for in subdi- vision 2 of this section shall also state that the premises are dangerous and un- fit for human habitation and shall order That such dwelling, dw~a,ing unit or room- ing unit be vacated either immediately or after such period of time as the en- forcing officer shall find reasonable in view of the circumstances, pending the completion of action to clirninatc such hazards. In such case the notice shall be served by delivering a copy l.hercof to any occupant of suitable age and dis- cretion and by posting the same at a ccm- spicuous place upon the structure. In the c~:ase cf a i zar,i t~r;ich affects more than one unit in~a multiple residence, service shall be made upon such an occupant of each unit, except. 'that the failure to make service upon an occupant of one unit shall not affect the validity or effect of service ol'.notice,upon an occupant of other units. Such notice shall also state that persons aggrieved may, appeal such notice to the board of building and health appeals by filing a notice of appeal with the clerk and may be heard on such ap- peal within one (1) week after such filing, as more specifically provided in this sec- tion. Subd. 6. Failure to Correct Deficiencies. Whenever notice has been given' in ac- cordance with subdivision 4 of this sec- lion and the person or persons responsi- ble have failed to correct the deficiencies specified therein. within the time allowed, the enforcing officer may either: (1) in writing upon a showing of good cause, extend the time for correction of ' the deficiencies, or (2) serve upon the owner and occupant a written notice requiring that such build- ing, dwelling, dwelling unit, or rooming unit be vacated because unfit for human habitation. Such notice shall: ` (a) particularize the violation or vio- lations which remain uncorrected",• and (b) provide; a reasonable-time, but -not less than 30-days within which to va- sate`the premises. Such written extension of time or notice to vacate may be served personally or by .registered mail in accordance with the procedures set forth in subdivision 3 of this section. Subd. 7. .Appeals. Any person aggrieved by a notice issued pursuant to this sec- tion may, within 15 days after service of the same, appeal therefrom to the board of building, health, and fire appeals by filing a written notice of appeal with the clerk. In the case of an appeal from a notice to vacate pending elimination of imminent hazards issued pursuant to sub- division 4, the subdivision 7 hearing ap- peal shall be heard within one week from the time of filing thereof unless the ap- pellant requests a hearing at a later time convenient to him and to the board. In the case of appeals from other notices,' the appeal shall be heard at such time as may be established by the board, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent hazards issued under subdivisiotT 4 shall, during the pen- dency of such appeal, restrain the city. and its officers from proceeding in any manner to enforce the notice. Subd. 8. Board of Building, Hea'Ith, and Fire Appeals. The council shall serve as and constitute the board of building, health and fire appeals. All appeals un- der this section shall be heard by the board. The mayor, .the manager, the chief inspector and the health officer or sanitarian and the fire marshall or mar- shalls may serve in an advisory capa- city as ex-officio members of the board. At hearings conducted pursuant to this section, the enforcing officer shall pre- sent the evidence with respect to the existence of a violation, and the appel- lant and his attorney may call and cross- examine witnesses and make such argu- ment with respect to the facts and law as may be relevant to the alleged vio- lation. The board may obtain the advice of the attorney or his designate in con- nection with the conduct of the hearing or the action to be taken. The board may act in the absence of any one of its members if such member is not rea- sonably available, but in no case shall it act without the affirmative vote of any two. The board may, upon the hear- ing, affirm in whole or in part or deny the existence of a violation of this part, and if a violation is found to exist, con- firm or modify the corrective action to be taken or the other requiring vacation of the premises and the time. allowed therefor. Subd. 9. Correction of Violation by City and Assessment of Cost. In all cases of violation of this .part to which Minnesota Statutes Sections 145.22 to 145.23 are, ap- plicable, the enforcing officer may pro- ceed as therein provided to abate or re- move .the violation and, if deemed nec- essary to have the cost thereof specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and pro- cedure may be used either concurrently with, or separate from, the procedures prescribed in this part. Subd. 10. Unlawful to Resume Occupan- cy. No building, dwelling, dwelling unit or rooming unit. which has been desig- nated as unfit for human habitation and placarded as such shall again be used for human habitation until written ap- proval is secured from, and such pla- carding is removed by, the enforcing of- ficer. The enforcing officer shall remove such placard whene~°er the defect or de- fects upon which the designation and pla- carding action were based have been eliminated and the building, dwelling, dwelling unit or rooming unrt has been made to conform to the standards estab- lished by this Part:. Subd. 11. Unlawful to Deface Placard. It shall be unlawful `for-any person ^to deface, remove, or obscure any placard affixed under the Provisions of this part. CHAPTER III PART II -SPECIAL BUILDING AND CONSTRUCI'lON REGULATION 3.15. Construction and Operation of In- cinerators, Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Incinerator" means any device or structure used or designed to be used as a receptacle for the burning of refuse. (2) "Refuse" means paper, wood, leaves, rags. sawdust, rubbish,. garbage, or any other animal or vegetable litter, trash or waste .which may be burned either separately or along with other materials. (~ "Commercial establishment" ,means any multiple residence property on whzi¢h ,t~dere -are more than two fam- ily units and any property on which a commercial, institutional or industrial activity is conducted. (4) "Commercial incinerator" means an incinerator used in connection with a commercial establishment. (5) "Rubbish" means readily combus- tible waste materials such as paper, cartons, rags, wood sawdust, foliage, grass, leaves and similar waste mate- rials. (6) "Garbage" means animal and veg- etable wastes such as food scraps and other discarded food substances. (7) "Type 1 refuse" means rubbish. (8) "Type 2 refuse" means a combi- nation of rubbish and an appreciable amount of garbage not exceeding one- half by weight. (9) "Type 3 refuse" means garbage or refuse consisting of more than one-half garbage by weight. (10) "Type 4 refuse" means human and animal remains and waste such as carcasses, organs and solid organic wastes from hospitals, laboratories, ani- mal hospitals and pounds and similar sources. Subd. 2. Commercial Incinerators. It is unlawful to burn any refuse in this city other than. Type 1 refuse, except in a commercial incinerator of the type re- quired by this section. Subd. 3. Minimum Requirements - Com- mercial Incinerator. A commercial in- cinerator used solely for the purpose of burning Type 1 refuse shall be, at a min- imum, aportable, packaged, completely assembled, direct-feed type, having no less than 5 cubic feet of combustion chamber capacity. Subd. 4. Refuse from Commercial Es- tablishments. It is unlawful to burn ref- use from any commercial establishment in this city except in an incinerator of the type required by this section. Subd. 5. Type 2 Refuse. It is unlawful to burn Type 2 refuse in an incinerator unless it is equipped with an auxiliary burner, and a masonry chimney which extends at least 2 feet above any roof, ridge, parapet or other structure within 20 feet of the chimney. Subd. 6. Multiple Residence Incinerators, Multiple residence units having.. more ~' than four family units shall either 6e'--"`~ equipped with refuse containers and ref- use pick-up service as provided in this section or be equipped to burn at least Type 2 refuse. If the latter, the mini- mum requirements shall include an in- cinerator which has an auxiliary burner, a barometric damper ~of a size which is at least. 3/aths the size of the area of the breaching or stack in which it is located and which is so located and designed as to produce a sufficient temperature (with a minimum of 1600 degrees Farenheit) to' assure complete .combustion of Type 2 refuse. If there are two but nor more than six service openings into the incin- erator flue, the flue shall be at least 18 inches by 18 inches in size. If there are more than six openings such flue shall be at least 22 inches by 22 inches. The chimney on any such unit shall extend at least 4 feet above any sloping roof and at least 8 feet above any flat roof. Subd. 7. Additional Refuse Container- Refuse containers provided as a- native to or in addition to ~~~ ' lion shall be at least capacity, shall be r relationsip to tt N which they are T a '~ y ~ tight anti roc' . i~°^'"• ~'./ lids and sh ~, w ~~,°'~ ~ p ~•~~n' ~° structure cr, c d,,,a+ d,~~ ~,~`Y_=,- concrete 1'~ oN ~ ~i$ ~~ o~ ~ place Crete bar, o ~:. lure shat w~, ~,, ~ section pair at a ' '~ shall be ~ ~'~ .are inacc ~~nce. A spe- abovc the b~ Yssued for the ;~„~'he~-0wner. d Y,. residence property shall provide for gar- base picbup from such containers each day. Refuse, debris, garbage and other waste materials shall not be permitted to accumulate in or near the enclosing structures (except in the containers). Apartments not having a resident Gusto- dian shall provide for daily clean-up in and around the enclosing structure. Subd. 8- Types 3 and 4 Refuse. No in- cinerator shall be used for Types 3 and 4 refuse unless approved and certified in writing for such use by the Chief In- spector. Subd. 9. National Fire Protection Associa- tion Incinerator Code. All commercial in- cinerators hereafter constructed or erect- ed shaIl; at a minimum, conform to National Fire Protection Association In- cinerator Code 11Io. 82, for the year 1958, as ame~ed, which is hereby adopted by reference as if fully set forth herein. Subd. 10. Stadw. The stack of any com- mercial incinerator which is not an in- tegral part of a building shall be at least 20 feet in height above the base and shall be at least 5 feet taller than the roof of any building within 30 feet. The chimney of stack of any Commercial incinerator shall be screened with a 1/z inch steel mesh screen_ Subd. 11. Requirements: All Commercial Incinerators. In the operation and main- tenance of any commercial incinerator, whether now or hereafter constructed or erected, the following regulations shall be observed- (1) The feed doors on sideloading or toploadmg incinerators shall be kept closed at all times except during loading. (2) Na~ncombush-ble materials shall not be placed in such incinerator. (3) No such incinerator shall be used for burning without a person in attend- ance. (4) No such incinerator shall be oper- ated between 6:00 a.m, and 12:00 noon nor at anp time when wind or weather conditions cause burning or charred par- ticles or heavy smoke to blow directly onto neighboring property, provided that such incinerator may be operated be- tween such hours if special written per- mission may be granted by the Chief Inspector if he i6nds that such incinerator is so designed and located that its opera- tion will not result in danger, nuisance or annoyance to persons or neighboring property_ (5) Such incinerator shall be kept. in a state of good repair at all times. (6) Refuse, cinders, debris, and other waste materials shall not be permitted to accumulate in or around such incin- erator. (7) The rated capacity, type of refuse for which designed, operating instructions shall be attached to the incinerator, in such location and rnndition as to be easi- ly observed and read by anyone wishing to operate the incinerator. (8) Such incinerator shall not be oper- ated so that it discharges into the at- mosphere any air contaminants, for a period or periods aggregating more than three minutes in any hour, which con- taminants are as dark or darker in shade than that shade designated as "No. 2" on the Ringlemann Chart published by the United States Bureau of Mines. Subd. l2. Permits Required. It is unlaw- ful to erect, rnnstruct, alter or repair a _ com~rrial incinerator without first ob- taming a permit therefor from the Chief Inspector, except that minor repairs cost- ing less than X50.00 shall not require a permit. Subd. 13. Applications for Permit. All ap- plications for permits shall be accom- panied by plans and specifications show- ing the location and design of the pro- posed incinerator; its proposed use, its rated capacity, and such other informa- tion as the chief inspector may reason- ably require. Subd. 14. Permit Fees. The permit fee for such permit is $5.00. Subd. 15_ Conditions Governing Issuance of Permit. The permit application shall be reviewed by the Chief Inspector and by the Fire Chief. The permit shall be granted if the proposed incinerator will comply with the provisions of this sec- tion, will be adequate for the purposes intended, and will not be likely to en- danger other property in the vicinity. If the permit is denied, the reasons for such denial shall be given to the appli- cant in writing. ~rbd. 16. Each Day Separate Offense. ch day that an incinerator is kept or ntained in violation of the provisions ''s section shall constitute a separate ~, and each time materials are ~r an incinerator is used in vio- the provisions hereof is also a offense. ion of the Construction, Op- `Aaintenance of Swimming -Subdivision 1. ~ Definitions. -The following terms have the meanings ascribed to them in this section: (1) "Health Officer" is the Health Of- ficer of the City of Richfield, or his au- thorized representative. (2) "Swimming Pool" is any construct- ed pool, used for swimming or bathing, over twenty-four (24) inches in depth, or with a surface area exceeding 150 square feet. (3) "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 resi- dence, and available only to the family of the householder and his private guests. (4) "Public or Semipublic Swimming Pool" is any swimming pool other than a private swimming pool. (5) "Main Outlet" is the outlet(s) at the deep portion of the pool through which the main flow of water leaves the pool when being drained or being recir- ' culated. (6) "Main SYtction" is the line con- necting the main outlet to the pump suc- tion. (7) "Vacuum Fitting" is the fitting in the wall of the pool which is used as a convenient outlet for connecting the un- derwater suction cleaning equipment: (8) "Vacuum Piping" is the piping which connects the vacuum fitting to the pump suction. (9) "Return Piping" is the piping which carries the filtered water from the filter to the pool. (10) "Inlet" is the fitting or opening through which filtered water enters the pool. (11) "Face Piping" is the piping with all valves and fittings which is used to connect the filter system together as a unit. (12) "Recirculating Piping" is the pip- ing from the pool to the filter and re- turn to the pool, through which the wa- ter circulates. (13) "Backwash Piping" is the piping which extends from the backwash out- let of the filters to its terminus at the point of disposal. (14) "Filter" is a material or appara- tus by which water is clarified. (15) "Underdrain" is an appurtenance at the bottom of the filter to assure equal distribution of water through the filter media. (16) "Filter Element" is the part of a filter device which retains the filter med- ia. (17) "Recirculation Skimmer" is a de- vice connected with pump suction. used to skim the pool over a self-adjusting weir and. return the water to the pool through the. filter. (18) "Filter Media" is a fine material which entraps the suspended particles. (19) "Filter Sand" is a type of filter media. ('20) "Filter Rock" is graded rock and gravel used to support filter sand. (21) "Filter Aid" is a diatomite type of filter media. (22) "Diatomite Type Filter" is a fil- ter designed to be used with filter aid. (23) "Diatomite" (Diatomaceous Earth) is a type of filter aid. (24) "Skimmer-Filter" is a recirculat- ing skimmer with a filter forming an .integral part of the device. (25) "Filter Septum" is that part of the filter element in a diatomite-type filter, upon which a cake of diatomite is deposited. (26) "Precoat" is in a diatomite-type filter the initial coating of filter aid placed on thA filter septum at the start of the filter cycle. (27) "Body Feed" is filter aid fed into a diatomite-type filter throughout the filtering cycle. (28) "Filter Cartridge" is a disposable filter element which employs no filter aid.- (29) "Cartridge Filter" is a filter using filter cartridges. (30) "Design Rate" is the average flow rate over the filtration cycle. (31) "Pool Depths" is the distance be- tween the floor of the pool and the maxi- mum operating level when pool is in use. (32) "Pool Deck" is the finished area around the pool. (33) "Width and Length" shall be de- termined by actual water dimensions. (34) "Lifeline Anchors" are the rings at transition point. (35) "Transition Point" is the point be- tween shallow and deep area. (36) "Pool Wall" is that portion of the pool that is vertical or inclined more than 45 degrees to the vertical from the horizontal. Subd. 2. Approval by Health Depart- ment; Construction Permits. Before work is commenced on the construction of a swimming pool, or any alteration, addi- tion, remodeling or other improvement to a swimming pool, three (3) sets of identical plans and specifications and pertinent explanatory data shall be sub- mitted to the Health Officer or Sanitar- ion for approval relative to design, op- eration and maintenance insofar as health and safety features are concern- ed in accordance with the standards prescribed by this section, as evidenced by- a suitable endorsement upon such plans and specifications. Approval by the Health Officer or Sanitarran shall not pertain to design for structural stability. The Inspection Division shall not issue a permit for a swimming pool until the plans and specifications therefor have been thus endorsed by the Health Offi- cer, or sanitarian. Subd. 3. Application - Contents. The application to the Inspection Division for a permit to construct a swimming pool or tq construct any alteration, addition, remodeling, or other improvement to a swimming pool shall be submttted in such forms and be supported with such information and data, as well as plans, specifications and pertinent explanatory data as promulgated hereunder. Subd. 4. Plans to be Submitted to the Health Department and Inspection Divi- sion.. Plans, specifications and pertinent explanatory data required to be sub- mitted in connection with an application for a permit to construct a swimming pool or any alteration, addition, remodel- ing or other improvement. to a swimming pool shall comply with the following re- quirements and include the following plans and information as well as such other data as may be reasonably re- quested by the Health Officer or Sani- tarian attd Inspection Division. These plans shall contain at a minimum the following: (1) The general layout of the entire building lot an which the pool is to be located, distances of the pool from the lot lines, water supply systems, buried sewers and sewage disposal systems, utilities (electric, gas,'telephone etc.) or other sources of contamination within fifty (50) feet of the pool and be drawn to a scale of not sritaller than one-fourth (1/4) inch equals one (1) foot thus indi- cating all dimensions, including the ef- fective length, width, depth, and width of the pool deck and Similar items. (2) Cross-sectional views of the pool. (3) A cross section of scum gutters andlor skimmers. (4) 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. (5) The pool equipment layout, show- ing filters, their location, pumps, chlori- nators, chemical feeders, flow meter gauges, sight glass, strainers, hair and lint interceptors, if one is proposed the dimensions of filter room, its locatron, floor drain, sumps and other pertinent information. (ti) The liquid capacity of the pool. (7) The kind, number and size of fil- ters, including the square footage of the filter area in each unit. (8) Rated capacity of the filter in gal- lons per minute. (9) A description of chemical feeders for soda ash and alum, if used. (10) The type, kind and description of chlorinator. (11) The type and range of testing equipment, including chlorine. (12) Source of water supply, Subd. 5. Construction in Accordance- with Approved Plans. All swimming pools, ap- purtenances, water supply and drainage system and other features shall be con- structed in conformity with the approved plans. If any deviations from such plans are desired, a supplementary plan cov- ering that portion of the work involved shall be filed for approval and shall con- form to the provisions of this section. Subd. 6. Permit Fees. The fee fora per- mit for the erection or construction of a swimming pool is Ten Dollars ($10.00) for each 500 square feet of surface area and One Dollar ($1.00) for each addi- tional 100 square feet or fraction thereof as determined by the plans and specifi- cations submitted with the application for permit. Subd. 7. General Construction Require- ments. The design and construction, as well as all equipment and materials, shall comply with the following require- ments: (1) The pool structure shall be engi- neered and designed to withstand the expected forces to which it wi11 be sub- jected. The walls of a pool incorporating a plastic liner shall be of. masonry con- struction and the bottom must be sup- ported by fine sand at least six (6) inches in depth. (2) To a depth up to three (3) feet from the water level, the wall shall be vertical. No right angle projection shall be permitted wtth exceptton of steps at shallow end. (3) The slope of the floor nn the shal- low) side of transition point shall not ex- ~ceed one (1) foot vertical to ten (10) feet horizontal. The transition point l;e- tween shallow and deep water shall oc- cur in a water depth of at least five (5) feet, provided that this may be four and one-half (41/z) feet if a safety hne is erected at this point. The maximum slope where water is five (5) feet or more in depth shall not exceed one ~- foot vertically in each three (3)l~ horizontally, provided that the ;floc slope from the point of maximum dept. to the deep end wall, a one (1) to one (1) ratio may be incorporated. (4) The pool and surrounding area shall be constructed and arranged in such a manner that no splash or over- flow water shall return to the pool. No surface or roof drainage shall be per- mitted to enter the pool. (5) Pool floor and walls shall have a cleanable, white or similar light-colored and impermeable surface. The pool floor shall be skid resistant. There shall be a maximum cove or rounded corner of one (1) inch radius or more, whichever the case may be, at the junction of the pool floor and walls and other similar interior construction. Where the water depth is less than five (5) feet, the maximum radius of .such cove shall be twelve (12) inches. (6) Handholds shall be provided and consist of a bull-nosed coping not over two and one-half (21/z) inches, thick for the outer two (2) inches or an equivalent approved, handhold. The handhold shall not be more than nine (9) inches above the normal water line and shall extend around the entire periphery of the pool. (7) Unobstructed deck areas not less than forty-eight (48) inches wide shall be provided to extend entirely around the pool. The deck area shall be con- structed of impervious mateii 1, and the surface shall bd of such as to a smooth and easily cleaned and of non-slip con- struction. The deck sha11 have a pitch of at least one-fourth (i/a) inch to the foot, designed so as to prevent back drainage into the pool. If deck drains are provided drain pipe lines shall be at least two (2) inches in diameter; drain openings shall have an open area of at least. four (4) times the cross-sec- tional area of the drain pipe. The deck drain system shall have indirect connec- tion to the sanitary sewer. The deck drains shall not be connected to the re- circulation system piping. (8) Two or more means of egress in the form of steps or ladders shall be provided for all private residential swim- . ming 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 (3) inches. wide for their full length. Lad- ders and step holes shall have a hand- rail on both sides. Steps shall be lo- cated only at the shallow end of a pool. (9) Minmum depths and area shall be as' follows: 141inimum Distance Distance 11Iinimum Minimum IVIaximum Wafer Depth of Deep from Deep Diving Distance Listance 'r'ive Feet Point from Point. to Board from Side Above from Tip of Diving Wall Transition Overhand Wall to Water Diving Board Point Center of Boards Board Deck Level 18" 8' 10' 10' 21/a' 7' Inter mediate 30" 8' 11' 11' 2~/z' 71/z' 1 Meter 39.37" 8~/a' 12' 12' 3' 8' At least thirteen (13) feet of free and unobstructed headroom shall be pro- vided 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 great- est depth in feet. Diving structures shall. he securely anchored. roc each one (1) inch of decrease of diving board height below eighteen (18) inches, required minimum depth may be decreased one (1) inch. Subd. 8. Mechanical Requirement - Fil- ters. (1) Every pool shall be equipped with a recirculating system capable of filter- ing the entire contents of the pool in twelve (12) hours or less. (2) Filters shall be capable of main- taining the clarity of the water to per- mit the ready identification, through an eight (8) foot depth of water, of a disc two t2) inches in diameter, which is di- vided into four (4) quadrants in alter- nate colors of red and white. (3) Filter capacity shall be such that it need not be cleaned. more frequently than once every four (4) days under ~~ f ~` proper (4) A ped wr gauges ent~al other 1 least o gauge, sitione~ the dif need c (5) ~ equiPl? point i (6) ed on be pri purpo; (7) in the may able electr (8) instal assen move ~~fal nt be 1 pout 150 an twe~. tion be ] a ~ tlin: Sub Filt ter: as sili size in of or les wi' (1~ ldi- eof ifi- ion re- ds ]s, •e- ;i- ie b- ig ~- ~- ~) .~ (1 (2 proper conditions of water and operation. (4) All pressure filters shall be equip- ped with influent and effluent pressure gauges. to determine the pressure differ- ential and frequency of cleaning.. All other filters shall be equipped with at least one pressure, vacuum or compound gauge, as applicable, which shall be po- sitioned in such a way as to determine the differential across the filter and the need of cleaning. (5) All pressure filter systems shall be equipped with an air release at the high point in the system. (6) Operating instructions shall be post- ed on every filter system. All valves shall be properly designated, indicating their purpose. (7) Where dissimilar metals are used in the construction of the filter, which may set up galvanic currents, then suit- able provision shall b2 made to resist electrolytic corrosion. (8) Filters shall be so designed and installed that they can be readily dis- assembled and the filter elements re- ~-, tanks shall be fabricated to ~ ~, 1956 ASME Specifications for A!'' pressure vessels, with the ex- ~,~ `that standard type dished and flang.::l heads may be used. Tanks shall be built for a minimum of fifty (50) 150 PSI. The filgter underdraindshall have an effective distribution of at least twenty-five (25) percent of the cross sec- tional area of the tank. Tanks shall not be placed underground. (3) Filter tanks shall be supported in a manner to prevent tipping or set- tling. weight of the water contained therein and closed vacuum filters shall, in addi- tion, be designed to withstand the crusing pressure developed under a vacuum of .twenty-five (25) inches of mercury, both -with a safety factor of 3.5. (4) In either type filter where the tank is fabricated from material which is cor- roded by water, then a suitable corrosion resistant coating shall be applied to re- tard such attack. (5) The filter elements shall be fabri- cated 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 maximum pressure, which can be developed by the circulating pump and shall be of adequate strength to resist any additional stresses develop- ed during the clearing 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. echanical `Requirements s. ter systems utilizing wally effective filter to the Health Officer d and installed to operate exceed three (3) gallons r square foot of filter area ash at a minimum rate of gallons per minute, per of surface area. Subd. 10. Mechanical Requirements - Filter Media Specifications for Sand Fil- ters. (1) The principle filter media shall be as a minimum, a hard, uniformly graded silica material with effective particle sizes, between 0.45 and 0.55 millimeters in diameter, with uniformity coefficient of 1.75. There shall be no limestone, clay or deleterious matter present. (2) The principle media shall be no less than twenty (20) inches in depth with a freeboard of no less than twelve (12) inches. (3) There shall be no less than four (4) grades of rock, which shall be clean, non-crushed, rounded, non-porous, non- calcareous material. (4) The total depth of the rock sup- porting bed shall be no less than sixteen (16) inches and each grade shall. be two (2) inches or greater in depth. Each ~ layer of rock shall be leveled to prevent intermixing of adjacent grades. 4 (5) The top layer shall vary in size between one-eighth (1/s) inch and one- quarter (1/a) inch. The next layer shall f vary in size between one-half (1/z) inch ` and three-quarters (3/a)inch. The bottarn ~ layer shall vary in size between one (1) i inch and one and one-half (11/2) inches. (6) Other filter media and related fil- ter and backwash rates may be used subject to approval by the Health Officer. (7) Patented under drain, systems may be used provided that they shall give results which are equal to or better than that above. Subd. 11. Mechanical Requirements-Fil- ters. (1) Diatomite type filters shall be de- signed for operation under pressure or vacuum. The design capacity shall not exceed two (2) gem 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 com- putation will be made on the basis of measurements of the septum support in a reasonably constant plant. Area allow- ance shall not be granted for folds in the septum fabric or deviations in the septum surface which would easily bridge. (3) The tank containing the filter ele- ments shall be constructed of steel, plas- tic or other suitable material, which will satisfactorily rrovide resistance to corro- sion, with or without coatin Pressure fi'tcrs bll 11 be accirnea +or •• ~/,rl:in~` nx.:.~ure e~tual ~o t'he :glut off' i7<.ud ~ t' tie humt+, w i:h ~ feY~ factor of .our is ~ , ucrum filterti sn ~1( be uesinle.l to •:ilthstal?d_ti.c pi~c„_,uae ucle~'~p.~i r;~~ the (6) Provisions shall be made to intro- . duce filter aid into the filter in such a "`-way as to evenly precoat thelfilter sep- tum before the filter is placed in opera- ti•on. 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 twenty-four (24) hours. Use of ad- ditional 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 titan 0.1 lbs. of `filter' aid per square foot of filter area per twenty-four (24) hours. (7) The filter piping shall be so de- signed that during the precoating opera- tion, 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 require- ment may be made if the filter septum is of such construction that rto percep- tible quantity of filter aid is introduced into the pool when the effluent discharges therein, Subd. 12. Mechanical Requirements Cartridge Type Filters.. (1) Cartridge type filters are those where the cartridge itself is the filter aid. Cartridge filters may be either pres- sure.or vacuum type and are subject to the same general piping and tank specifi- cations as diatomite-type filters. Replace- ment cartridges are divided into two types: depth and area. General specifi• cations, however, are the same for both. Cartridge filters shall not require the ad- dition of• any flocculating agents such as ammonium alum, aluminum sulfate or potassium alum. They shall be subject to the same requirements listed under Sec- tion 000.081 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 seals shall be so designed as to prevent any by-passing of unfiltered water. (2) If provision is made for backwash- ing, 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 filter- ing cycle. (3) Cartridge elements shall be divided in two types: '(a) Depth type cartridges are elements 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 (1) gallon per minute per five (5) cubic inches of vol- ume with a pressure drop not to exceed two (2) psi across clean cartridges and not t pass any particulate matter larger than twenty-five (25) microns. (b) Area or surface type cartridges are those which rely on the surface area for their dirt-holding capacity and they should follow the same flow per square foot of area as diatomite filters, namely: three (3) gallons per minute per square foot of filter area for vacuum filters. Subd. 13. Mechanical Requirements - Additional Standards for Cartridge Type Filters. (1) Filters shall be capable of filtering entire contents in twelve (12) hours or less. (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. (a; Ali gilt^rs shall be designed so as !:o permit easy removing of the cart- r.d C° S~.il7d .-". Mecn:a~~s""cal Requirements - Re- circulation Fumes. i7C .C'CiTC~.:1F.t1dlL` ~nnip .~h Ii 11 (xi"'"C OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 9 sufficient capacity to provide the rated flows of the filter system, without ex- ceeding the head. loss at which the pump will deliver such flows. The pump motor shall not. be operated at an overload which exceeds the service factor. (2) 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-corrosive a n d have an open screen surface of at least four (4) times the cross sectional area of the inlet pipe. (3) 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 walls of the pool. Subd. 15. Mechanical Requirements - Pool Piping- (1) 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 pcol piping should not exceed more than ten (IO} feet per second. Where velocity is to exceed ten (10) feet per second summary calculations shall be provided to show that rated flows are possible with the pump and piping pro- vided. The recirculating piping and fit- tings shall meet the follofing require- ments: (a) Wheer vacuum fitting(s) is/are provided, it/they shall be located in an accessible position(s) below the water line. (b) Pool recirculation piping, passing through tho pool structure, shall be cop- per tubing (with a minimum wall thick- ness of type "L"), brass or an approved equal. (c) Pool piping systems shall be con- structed of materials prescribed in the village plumbing code, provided that as a minimum polyethlene plastic mater- ials, meeting the standards prescribed by Commercial Standard 197-59 published by the U.S. Department of Commerce and bearing the NatPonal Sanitation Foun- dation seal of approval, may be used except for that portion of the systtm passing through pool structure. Where a water heater is incorporated into the re- circulation system, the output tempera- ture shall be regulated in such a manner as to not effect the strength of any plas- tic piping used. The minimum pressure rating for plastic acceptable herein shall be at least 75 pounds. (d) Installation of the pool piping, ex- cept for the pool water supply line,-may be done. by the pool contractor subject to inspection prior to covering the sys- tem. Subd. 16. Mechanical Requirements. - Recirculating Skimming Devices. (1) Recirculating skimming devices shall be provided to skim the surface of the pool with a minimum of at least one (1) unit installed to serve each pool with such additional units as may be required to provide a minimum of one for each six hundred (600) square feet of pool water surface or fraction thereof. T h e location of recirculating skimmers and the-pool inlets shall be carefully deter- mined 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 spe- cially shaped, skimming devices shall be located in each offset. (2) The recirculating skimmers shall pe of sufficient total capacity to pe able to remove forty (40) to sixty (60) per- cent of the content of the pool; the main outlets at the bottom of the pool also to be of sufficient capacity to remove forty (40) to sixty (60) percent. T h e skimming action shall be as uniform as practicable, with good circulation toward the skimmers and without "dead spots" on the pool water surface. Where skim- mer-filter combination units are to be installed, the influent shall be regulated in such a manner as to consist of forty (40) to sixty {60) percent passing through the skimmer section of the device and forty (40) to sixty (60) percent of the flow from the main drain. (3} It shall be possible to regulate the rate of flow through the skimming de- vice. Each device shall be individually valved and capable of being discharged to waste. (4) The floating weir in the recirculat- ing skimmer shall be self-adjusting to variations in pool water level over a range of at least three (3) inches. (5) A device shaII be incorporated therein to prevent airlock in the suction line. (6~) :fin easily removable and cleanable l;asket or screen shall be provided to trap lame solids. (7) skimming devices shall be built :41tF9, the; pool Wall. ~ . , Subd. 17. Mechanical Requirements - Inlets. (1) Inlets shall be located so as to produce as far as possible uniform cir- culation of water throughout the pool without the existence Hof dead spots. (2) A ,minimum of two (2) inlets shall be required for pools having a periphery up to 120 lineal feet, provided that an inlet shall be required for each additional forty (40) lineal feet or fraction thereof. Where automatic skimmers and skim- mer-filter units are used, inlets shall be installed so as to direct the flow of wa- ter in a horizontal plane to the skim- ming device inlet. The minimum" dis- charge depth of pool inlets shall be 10 inches below the pool operating level. When irregular shapes are incorporated,. into pools, additional inlets shall be in- stalled as stipulated above, {3) Suitable facilities for adding make- up water as needed shall be provided. There shall be no physical connection between the v,'ater supply line and the pool system. If the makeup water is add- ed directly to the pool, the fill spot shall be at least six (6) inches above the upper rim of the pool. If the makeup water line discharges to a surge or balancing tank, the point of discharge shall be at least six (6) 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 makeup water, then an approved vacuum breaker shall be installed between the sill cock or control valve at the fixture and the hose con• nection. Any sill cock used for this serv- ice shall be located above ground level. No over-the-rim fill spout will be accept- ed unless located under a diving board or installed in a manner approved by local authorities so as to remove any hazard. (4) The systems supplying recirculated water and makeup water to the pool shall be constructed in conformance with the city plumbing regulations contained in this Chapter. Subd. 18. Mechanical Requirements - Main Ouflets. - (1) The main outlets, .for purposes o! recirculation and emptying 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 (20) feet. If the pool width is more than twenty (20) feet, multiple out- lets shall be provided and spaced- not more than twenty (20) feet apart, nor more than ten (10) feet from walls. All main outlets shall be equipped with grat- ings having an area of openings not less than four (4) times the cross-sectional area of the outlet pipe. The gratings shall be oP such design so that they can- not be readily removable by bathers and will not injure bathers' fingers. (2) Pools shall be equipped with facil- ities for completely emptying the pool. and other drainage by gravity if eleva- tions 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 a rate not ex- ceeding 250 gallons per minute. No direct connection shall be made to the sewer. {3) The outlet from the pool recircula~ tion systems shall terminate at least six (6) inches above the receptacle con3ieea ' .---._ ed to the sewer. The drainage system shall be constructed in conformance with the provisions of the city plumbing codes and under the supervi pion of a licensed plumber. Subd. 19. 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' seal of ap- proval. Subd. 20.Water Supply. Water supplies serving all swimming pools shall be of a safe sanitary quality or otherwise ac- ceptable to the health officer. The in- stallation of the pool water supply piping and connection to the source of the sup• ply shall be under the supervision of a licensed plumber, Subd. 21. Tests. All pool pipin" • installation and constructic- i?iping systeir~ s'riall be v,°iih the approved 1-~lans, piping system ~ be i air test ~;f ' ~ tight be" , ~ o, • i - ,.' ~ i Silbd. ~~~~~c,~~o ~9~?er~ ~.c~ d~°'G o F ~ ,•~, , ~ ~/°o'~p' ~m ~ ~y ~ ~ ~3n' ' ill. ~ ,~ 6 ~ rri ~~ "place 6~ss~ ~ V.1 ~(c d` N u'~ p. t .:Ce :?a V 1 ~~.,o~;°~~dwr o ~~.°+ ~'' section ~ ~ oT. ~ ,e ; ~' ,., ~lnl iJ "..`~ ~~ ~ ante. A spe- c~ ~ Yssued for the b,~ ~. _.,~,.:, , ~~ ~. -- _ _~_ _ - -OFFI,CIA go~'is sh<iil meet t?-~e iollowing standards: (1} Frea Chlorine. The free chlorine c~:riie:,t shall ue maintained between five- tenths 10.5) and one (1.U) parts per mil- lion. (High-free residual chlorine may be used. ) (2) Alkalinity. The pH level of between seven and one-tenth (7.1) and seven and eight-tennis (7.8). (A higher pH is per- mitted if high-free residual chlorination is used. )- (3) Bacteriological Quality. A sample of swimming p:;ol~ water shall be consid- ered satisfactory when the total bacteria count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organism of the B. Coh group are pres- ent in a 10 milliliter portion or 100 milli- iter portion as determined by the mem- ~rane filter method. If more than one such sample out of seven collected on dif- ferent dates is unsatisfactory, the bac- terial quality of the pool water will be considered unsatisfactory. Procedures and interpretations relating to bacteri- ological quality shall be done in accord- ance with the Standard Methods for the Examination of Water, Sewage ahd In- dustrial Wastes, 11th Edition (1960). Subd. 23. Ind'icatar Kits, An indicator kit capable of measuring free chlorine residuals in swimming pool water rar~g- ing from one-tenth (0.1) to one (1.0) part per million shall be provided. An indi- cator kit capable of measuring the de- gree of alkalinity (pH) of the pool water ranging from six and eight-tenths ((i.8) to eight (8.0) shall also be provided. Where high-free residual •chlorination is used, kits capable of measuring higher values shall be provided. Subd. 24. Safety Rope and Anchors. A safety rope and anchors shall be pro- vided at the water line when the de- signed pool operating water level is four and one-half (41/x) feet or less. Subd. 25. Electrical Requirements. ti into (1) All electrical installations provided for, installed and used in conjunction with residential swimming pools. shall be in conformance with this code. (2) No current carrying electrical con- ductors shall cross residential swimming pools overhead, or be installed under- ground within fifteen (15) feet of such pools, provided that the fifteen (15) foot separation shall not apply to wiring to pool lighting or accessories. (3) All metal fences, enclosures, or railings near or adjacent to residential 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. Subd. 26. Operation and Maintenance No residence swimming pool shall b used, kept, maintained or operated i the city, if such use, keeping, maintain ing or operating. shall be the occasio of any nuisance or shall be dangerQu to life or detrimental to health. Subd. 27. Hours of Use. No public o semi-public swimming pool shall be use between the hours of 10:00 o'clock p.m on any day and 7:00 o'clock a.m. of"the following day, provided that such poo may be used until 11:00 o'clock p.m. or any Saturday. Subd. 28. Inspection. The Health Office: "snarl have authority to inspect any resi dehtial swimming pool at any reasonably time during construction or thereafter t~ determine whether or not the provision of this code regarding health, sanitation operation and safety applicable theret are being complied with. The inspectio: .division shall have authority to ente ttpon any premises as it may be deeme necessary to inspect work. done and it stallations made under permits issued b the inspection division. Subd. 29. Shielding Lights. Lights use to illuminate any swimming pool she be so«arranged and shaded as to reflei light sway from adjoining premises. Subd. 30. Location. No portion of swimming pool or appurtenances there shall be located at a distance less the ten (10) feet from any side or rear pro' erty line, nor in front of the buildi line. _ ___ _ __ _ FIELQ.___ - - - CtiF;4ELA~ _ ing between the bottom of the fence and the ground or related surface shall be four (4) inches in the vertical plane. Subd. 32. Safety Precautions. The fol- lowing shall be minimum safety stand- ards: (1) A skilled swimmer shall be present at all times that residenti-al or public or semi-public swimming pools are in use. (2) Every residential swimming pool shall be equipped with one or more throwing ring buoys not more than fif- teen (15) inches in diameter and having sixty (60) feet of 37±316 inch Manila line attached, and one or more light but strong poles with blunted ends and not less than twelve (12) feet in length for making reach assist or rescues. (3) Diving board height above the pool water level shall be in accordance with Table I, Section 7 (9). The health officer or sanitation may authorize greater div- ing board heights when it is shown that such increased height shall provide an equally safe diving board height-maxi- mum pool depth ratio. Subd. 33. Other Design and Equipment. Any swimming pool, the design a n d 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 accep- table standards and in conformance ~ a h , current public health and safety p flees. Subd. 34. Public or Semi-Public Swim• ming Pools. Swimming pools, other than residential pools, shall be constructed and operated in conformance with standard, for such installations, promulgated under Minnesota State Board of Health regula- tions. In addition, the person, firm, cor- poration or agency proposing the con• struction of a swimming pool, as prA- vided under this section, shall file with the health officer or sanitarian, 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, a two sets of plans upon which such ap- proval is indicated by stamp, seal, or other official marking of that. agency. Subd. 35.. Inspections: Public or Semi- Public Pools. The health officer or sani- tarian, upon having had an opportunity to review the material furnished by the builder as provided herein, shall, upon approval, so advise the inspection divi- sion and furnish said division 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. Further, the health officer or sanitarian and inspec- tion division' shall have authority to enter e upon any premises for the purpose of n conducting preconstruction surveys, in- termediate construction investigations, n operational investigations and unon such s other occasions as may be deemed nec- essary to determine that the facilities r are constructed in accordance with ap- d proved plans, and maintained and oper- ated in accordance with State Depart- ' inert of Health standards. CHAPTER III rig dank If the Subd. 31. Fences. All swimming pools such d. shall be completely enclosed by a non- cant in ^limbing type fence. All fence openings point$ of entry into the ppol area en- bd. 16_ Sure tJhall be equipped with gates, The ~h dog t-.e and gates shall be at least four tamed u^et in height and shall be construct- section , a minimum number eleven (11) and e~,oven wire mesh corrosion-resis- an inc.terial, or other materials ap- `ie provi~ the inspection division. All `ense_ be equipped with self-closing ~ ~ tti~liing devices placed at the to t,r otherwise inaccessi- ~intenan„hildren. All fence posts ~r corrosion-resistant and ~ncr~te hoses, or other The ina4imum open- . 13 j~ ~ Ci PART III. HOUSING -HEALTH AND SANITATION REGULATION 3.21. Regulation- of Supplied .Facilities; Maintenance and Occupancy of Dwell- ings and Dwelling Units- Subdivision 1. Definitions. The following terms shall have the meanings ascribed to them in this section: (1) "Basement" means a portion of a building located partly underground, but having less than half its clear floor-to- ceiling height below the average grade of the adjoining ground. (2) "Cellar" means a portion of a building located partly or wholly under- ground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground. (3) Dwelling" shall mean any build ing which is wholly or partly used or in tended to be used for living or sleepin by human occupants; Provided that tein porary housing as hereinafter define shall. not be regarded as a dwelling. (4) "Dwelling Unit" shall mean an room or group of rooms located within dwelling and forming a single habitabl unit with facilities which are usslee rinii tended to be used for living, p g cooking and eating. (5) Extermination" shall mean tli control and elimination of insects, r dents or other pests .by eliminating thei harborage places; by removing or ma ing inaccessible materials that ma ra in as their food; by poisoning, sp Y fumigating, trapping; or by any oth. recognized and legal pest elimmati methods approved by the health office (li) "Garbage" shall mean the anim and vebetable waste resulting. from t It~n:}]tr<.g;, Iai°;'S>arF~j;ipu, ~oo~a:}h, ~~d~~"r sumption of food. (7) "Habitable Room" shall mean a room or enclosed floor space used or in- tended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communi- cating corridors, closets, and storage spaces. (8) "Health Officer" means the legally designated health authority of the Crty, or his authorized representative. (9) "Infestation" means the presence,. within or around a dwelling, of any in- sects, rodents, or other pests. (10) "Multiple Dwelling" means any dwelling containing more than two dwell- ing units. (11) "Occupant" shall mean any per- son, over 1 year of age, living: sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit. (12) "Operator" shall mean any person who has charge, care, or control of a building, or part, thereof, in which dwell- ing units or rooming units are let. (13) "Ordinary Minimum Winter Con- ditions" means the temperature 15 de- grees r . above the lowest. recorded tem- - perature for the previous 10-year period. (14) Owner" means any person who, alone or jointly or severally with others: (a) Shall have .legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or - that he may p . g occupants of dwellings and of the general d inspections the health officer or sanita- y amine, and survey at all reasonable a times all dwellings, dwelling units, room- o- dwelling, dwelling unit or rooming uri k- for the purpose of such inspection, ex er pant of a dwelling or dwelling unit shal ou give the owner thereof, or his agent o he ises, at all reasonable times for the pu (b) Shall have charge, care, or con- trol of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, ad- ministratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and of rules and regula- tions adopted pursuant thereto, to the same extent as if he were the owner. (15) "Person" shall mean and include any individual, firm, • corporation, asso- ciation, or partnership. (16) "Plumbing" shall mean and in- clude all of the following supplied facili- ties and equipment: gas pipes, gas-burn- ing equipment, water pipes, garbage dis- posal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath-tubs, shower baths, installed clothes= washing machines, catch basins, lied fix vents, and any other similar supp• tures, together with all connections to water, sewer, or gas lines. (17) "Rooming Unit" means any room or group of rooms forming a single habit- foreliving ands leepinge bu trot for cook- ing or eating, purposes. (18) "Rooming House shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or arernot husband or wife,oson or daughter mother ar father, or sister or brother of the owner or operator. (19) "Rubbish" means combustible and noncombustible waste materials, except garbage; and the term includes the resi- due from the burning of wood coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excel- sior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust. (20) "Supplied" means paid for, fur- nished, or provided by or under the con- trol of, the owner or operator. (21) "Temporary Housing" shall mean any tent, trailer, or other structure used for human shelter which is designed to tachednto othebgr'ound, t hanother struc- ture, or to any utilities system on the same premises for more than 30 consecu- tive days. Subd. 2. Inspection of Dwellings, Dwell- ing Units, Roomirog Units and Premises. The health officer or sanitarian is hereby authorized and directed to make. inspec- tions to determine the condition of dwell- ings, dwelling units, rooming units, and premises locateerforminhiseduty of osafe- guarding the health and safety of the public. For the purpose of making such rian is hereby authorized to enter, ex- e ing units, and premises. Tdwelling uri t - occupant of every dwelling, and rooming unit, or the person i ' charge thereof, shall give the health of e ficer or sanitarian free access to sue r and its premises, at all reasonable time e amination, and survey, subject to th g, provision of Subdivision 3. Every occu r. employee, access to any part of sue al dwelling cr dwelling unit, or its pre n l~?se of mal my suet regal s or alt r~ ~ ~t r tiers as are necessary to effect com- pliance with the provisions of this sec- tion or with any lawful rule or regula- tion adopted or any lawful-order issued pursuant to the provisions of this section. Subd. 3. Search Warrant -When Neces- sary. If any occupant or owner of a dwelling or dwelling unit will not give free access to the health officer or san- itarian, such officers shall first obtain a search warrant from a court with prgp• er jurisdiction before entering upon the premises to which access has been de- vied. Subd. 4. Adoption of Rules and Regula• Lions by the Health Officer or Sanitar• ion. The health. officer or sanitarian is hereby authorized to make and, to adopt such written rules and regulations as may be necessary for the proper enforce- ment of the provisions of this section subject to the provisions for public hear- ing in Subdivision 5 of this section; pro- vided that such rules and regulations shall not be in conflict with the provi- sions of this section, this code _or"._at,~y of all rules and regulations wu,cu • ~.- may adopt with the clerk. Such rt>>~ and regulations shall have the force and effect as the provisions. section, and the penalty for -Vio1t thereof shall be the same as the pen•. for violation of the provisions of t~ section. Subd. 5. Public Hearing. Prior to the adoption of rules and regulations pursu- ant to Subdivision 4 of this section, a public hearing shall be held before the board of health created in section 3.22 of this chapter for the presentation of any proposed rules or regulations. Notice of such public hearing shall be published at least two (2) weeks before the hearing. . y ',~' - Subd. 6. Minimum Standiard!s 'for Basic Equipment and Facilities. No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling' unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the follow- ing requirements: (1) Every dwelling unit shall contain a kitchen sink in good working condition and properly Conn oved by the health uf- sewer system app ficer or sanitarian. (2) Every dwelling unit except as oth- erwise permitted under paragraph (4) of this subdivision, shall contain a room which affords privacy to a person within said room" and which is equipped with a flush water closet and a lavatory basin in good working condition and properly° connected to a water and sewer system approved by the health officer or "sani- tarian. (3) .Every dwelling unit except as oth- erwise permitted under paragraph (4) of this subdivision shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and Properly connected to a, water and sewer system approved by the health officer or sani- tarian. (4) The occupants of not more than two dwelling units 'may share a single flush water closet, a single lavatory ba- sin,. and a single bathtub or shower if: (a) Neither of the two dwelling units contains more than two rooms; provided that, for the purposes of this paragraph, a kitchenette or an efficiency kitchen with not more than 60 syuare feet of floor area shall not be counted as a room; and that (b) The habitable area of each of such dwelling units shall equal not more than 250 square feet of floor area; and that (c) Such water closet, lavatory ba- sin, and bathtub or shower shall be m good working condition and properly con- nected to a water and sewer system ap- proved by the health officer or sanitar- ian. (5) Every kitchen sink, lavatory ba- sin, and bathtub or shower required un- der the above provisions shall be proper- ly connected with both hot and cold wa- ter lines. (li) Every dwelling unit shall be sup- plied with adeouate rubbish storage fa- cilities, type and location of which are approved by the health officer or sani- tarian. (7) Every dwelling unit shall have ade- n quote .garbage disp^sal facilities or gar- bage storage containers; type.. and loca- h tier of which are app-roved by the health t officer or sanitarian. s (8) Every dwelling shah, have supplied water-heating facilities which are grop- e erly installed, arc: maintained in sale and good working condition, are nroper- 1 ly connected with the hot water lines re- r quired under the provisions of paragraph h (5) of this subdivision, and are capable m- of heating water to such a temperature r- as to permit an adequate amount +~i eva- ter to bo draw., Ht ~~ ti ;;-'~~t~, ,ire>d kitcli- : i .. OF~iC~IY~iL ~+U~t~CI~~'1'ON C1~Y U~IR~ICF~FIE~LD=THE'"RI~H~IELD SU1~-PAGE~11 f ground create ards~ to tion of~' Subd.J. ,~r~ a ~~ `I , en sink, lavatory basin, bathtub, or show- er at a temperature of not less than 120 degrees F. Such supplied water-hest- ing facilities shall be capable of meet- ing the requirements of this subdivision when the dwelling or dwelling unit heat- ing facilities required under the provi- sions of paragraph (6) of this subdivi- sion are not in operation, (9) Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and this code. Subd. 7, Minimum Standards for Light, Vent'slation, and Heating. No person shall occupy as owner-occupant or let to an- other for occupancy any dwelling or dwelling unit; for the pbarpose of living therein, which does not comply with the following requirements: (11 Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between :~ s for every habitable room shall be k. - ' t ' of 'the floor area -of such so walls or other portions window of any such -obstruction struc- ~of than 3 feet from ~- d to a level above of the room, such a e deemed to face di- " oors and shall not be 'buting to the required indow area. Whenever in a room is a skylight- the top of such room, ~~ ,,, ow area of such skylight ~. ,least 15 percent of the to- ~. /~.•a of such room. (~7-.. , y habitable room shall have at least one window or skylight which can easily be opened, or such other de- vi~ce as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size orsminimum skylight- type window size, as required by para- graph (1) of this subdivision, except where there is supplied some other de- vice affording adequate ventilation and approved by the health officer or sani- tarian. (3) Every bathroom and. water closet compartment shall comply with the light and ventilation requirements of habitable rooms contained in paragraphs (1) and (2) of this subdivision, except that no window or skylight shall be required in adequately ventilated bathrooms and wa- ter closet compartments equipped with a ventilation system which is kept in continuous operation and approved by the health officer or sanitarian. (4) Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two sep- arate floor or wall-type -electric conve- nience outlets, or one such convenience outlet and one supplied ceiling-type elec- tric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall con- tain at least one supplied ceiling or wall- type electric light fixture. Every such outlet and fixture shall be properly in- stalled, shall be maintained in good and safe working condition, and shall be con- nected to the source of electric power in a safe manner. (5) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good work- ing .condition, and are capable of safely and adequately heating .all habitable rooms, bathrooms, and water closet com- partments in every dwelling' unit located therein to a temperature of at least 70 degrees F., at a distance three feet above floor level, under ordinary mini- mum winter conditions. (6) Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequate- ly lighted at all times. Every public hall and stairway in structures devoted sole- ly to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time light- ing. (7) During that portion of each year when the health officer or sanitarian deems it necessary for protection against mosquitos, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall be supplied screens and a self-closing device; and every window or otrier device with open- ings to outdoor space, used or intended to be used for ventilation; shall likewise be supplied with screens; provided that such screens shall not be required dur- ing such period in rooms deemed by the health officer or sanitarian to be located high enough in the upper stories of buildings as to be free from such in- sects, and in rooms located in areas of the city which are deemed by the health officer or sanitarian to have so few such insects a5 to render screens unnecessary. (8) Every basement or cellar window _used or intended to be used for ventila- tion, and every other opening to a base- ment which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance. Subd. 8. General Requirements Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy as owner-occu- pant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: (1) Every foundation, floor, wall., ceil- ing, and roof shall be reasonably weath- ertight, watertight, and rodent proof; shall be capable of affording privacy; and shall be kept in good repair. (2) Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and r o d e n t proof; and shall be kept in sound work- ing .condition and good repair: (3) Every inside and outside stair, ev- ery porch, and every appurtenance there- to shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to ~e placed thereon; and shall be kept in sound condition and good repair. (4) Every plumbing fixture and water and waste pipe shall be properly in- stalled and maintained in good sanitary working condition, free from defects, leaks, and obstructions. (5) Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary con- dition. (6) Every supplied facility, piece of equipment or utility which is required under this section shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition. (7) No owner, operator, or occupant shall cause any service, facility; equip- ment or utility which is required under this section to be removed from or shut off from or discontinued for any occu- pied dwelling let or occupied by him, except far such temporary interruption as may be necessary while actual re- pairs or alterations ai'e in process, or during temporary emergencies when dis- continuance of service is approved by the health officer or sanitarian. (8) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy. - Subd: 9. Minimum Space, Use, and Lo- cation Requirements. No person shall oc- cupy or let to another for occupancy any dwelling or dwelling unit, for .the purpose of living therein, which does not comply with the following requirements: (1) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space to be calculated on the basis of total habitable room area. (2) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one oc- cupant shall contain at least 50 square feet of floor space for each occupant thereof. (3) No dwelling or dwelling unit con- taining two or more sleeping rooms shall have such room arrangements that ac- cess to a bathroom or water closet com- partment intended for use by occupants of more than one sleeping room can be had only, by going through another sleep- ing room; nor shall room arrangemetns be such that access to a sleeping room can be had only by going through anoth- er sleeping room or a bathroom or wa- ter closet compartment. (4) At least one-half of the floor area of every habitable room shall have a ceiling height of at least 7 feet; and the floor area of .that part of any room where the ceiling ,height is less than 5 feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissi- ble occupancy thereof. (5) No cellar space shall be used as a habitable room or dwelling unit. (6) No basement space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervi- ous to leakage of underground and sur- face runoff water and are ..insulated against dampness; (b) The total of window area in each room is equal to at least the minimum window area sizes as required in para- graph (1) of subdivision 7 of this section. (c) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and (d) The total of openable window area in each room is equal to at least the minimum as required under para- graph (2) of subdivision 7 of this sec- tion, except where there is supplied some other device affording adequate ventila- tion and approved by the health officer or sanitarian. Subd. 10. Responsibilities of Owners and Occupants. (1) Every owner of a dwelling con- taining two or more dwelling units is re- sponsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. (2) Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwell- ing, dwelling unit, and premises thereof which he occupies and controls. (3) Every occupant of a dwelling or dwelling unit shall dispose of all his rub- bish in a clean and sanitary manner by placing it in the rubbish containers re- quired by paragraph (6) of subdivision 6 of this section. (4) Every occupant of a dwelling or dwelling unit shall dispose of all his gar- bage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by paragraph (7) of subdivision 6 of this section, It is the responsibility of the owner to supply such facilities or con- tainers for all dwelling units in a dwell- ing containing more than four dwelling units and for all dwelling units located on premises where more than four dwell- ing units share the same premises. In all other cases it is the responsibility of the occupant to furnish such facilities or containers. (5) Every occupant of a dwelling or dwelling unit is responsible for hanging all screens and double or storm doors and windows whenever the same are re- quired under this provision of this sec- tion or of any rule or regulation adopted pursuant thereto, except where the own- er has agreed to supply such service. ((i) Every occupant of a dwelling con- taining asingle dwelling unit is respon- sible for the extermination of any in- sects, rodents, or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit is respon- sible for such extermination whenever his dwelling unit is the only one infest- ed. Notwithstanding the foregoing provi- sions of this subsection, whenever infes- tation is caused by failure of the owner to maintain a dwelling in a rodent proof. or reasonably insect proof condition, ex- termination is the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination there- of is the responsibility of the owner. (7) Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Subd. 11. Rooming Houses. No person shall operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of this section, except the provisions of subdivision 6 and subdivision 10. (1) No person shall operate a rooming house unless he holds a valid rooming house permit issued by the health offi- cer or sanitarian in the name of the op- erator and for the specific dwelling or dwelling unit. The operator shall apply to the health officer or sanitarian for such permit, which shall be issued by the health officer or sanitarian upon compliance by the operator with the ap- plicable provisions of this section and of any rules and regulations adopted pur- suant thereto. This permit shall be dis- played in a conspicuous place within the rooming house at all times. No such per- mit shall be transferable. Every person holding such a permit shall give notice in writing to the health officer or sani- tarian within 24 hours after having sold, transferred, given away, or .otherwise disposed of ownership of, interest in or control of any rooming house. Such no- tice shall include the name and address of the person succeeding to the owner- ship or control of such rooming house. Every rooming House permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided. (2) Any person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the health officer or sanitarian, under the procerure provided by subdivision 5 of this section. (3) Whenever upon inspection of any rooming house the health officer or son. itarian finds that conditions. or practices exist which are in violation of any pro- vision of this ordinance or of any rule or regulation adopted pursuant thereto, .- the health officer or sanitarian shall give notice in writing to the operator of such rooming house that unless such condi- tions or practices are corrected within a reasonable period, to be determined by the health officer or sanit,~rian, the operator's rooming house permit will be suspended. At the end of~such period the ---- . health officer or sanitarian shall rein- spect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that the Tatter's permit has been suspended. Up- on receipt of notice of suspension, such operator shall immediately cease opera- tion of such rooming house, and no per- son shall occupy for sleeping or living purposes any rooming unit therein. (4) Any person whose permit to oper- ate arooming house has been suspend- ed, or who has received notice. from the health officer that his permit is to be suspended unless existing conditions or practices at his rooming hiuse are cor- rected, may request and shall be grant- ed ahearing on the matter before the health officer or sanitarian under the procedure provided by subdivision 5 of this section, provided that if no petition for such hearing is filed within 10 days following the day of which such permit was suspended, such permit shall be deemed to have been automatically re- voked. (5) At least one flush water closet, lavatory basin, and bath tub or shower, properly connected to a water and sew- er system approved by the health officer or sanitarian and in good working con- dition, shall be supplied for each eight persons or fraction thereof residing with- in arooming house, including members of the operator's family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or pass- ageway to all persons sharing such fa- cilities. Every lavatory basin and bath- tub or shower shall be supplied with hot water at all .times. No such facilities shall be located in a basement except by written approval of the health officer or sanitarian. (6) The operator of every rooming house shal•1 change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a .clean and san- itary manner. (7) Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for .sleeping pur- poses by more than. one person shall contain at least 50 square feet of floor space for each occupant thereof. ,~ (8) Every rooming unit shall have-__ __ safe, unobstructed means. of egress leading to safe and open space at ground level, as required by the laws of this state and this City. (9) The .operator of every rooming house shall be responsible for the sani- tary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be fur- ther responsible fir the sanitary main- tenance of the entire premises where the entire structure or building is leased or occupied by the operator. Subd. 12. Conflict of. Provisions. In any case where a provision of this section is found to be in conflict with any other. provisions of this Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. 3.22. Board of Health. Subdivision 1. Creation of Board. Purs»- ant to Minnesota Statutes 145.01, th- hereby created a City of RirH°' of health. Subd. 2. 'Council to C The board shall consis ciI and aphysician w - ficer of the city. Subd. 3. Powers a The board shall r ers and duties: (1) To inves ports and obey. ing communical - x` Board of Health. "' r-, (2) To cause all" N lrn --,. N, ~, S ~ ~ ~ ~ cre- 'O~~o.~~'' N %~ Place r~ ~„~. ~C'~ ~'S N O D•. ~ c ~ section G "'' 7 r ~, ante. A spe- issued for the ~~E: r Th ims coae; "to 'be -ofieyed and enforced. of itheahighest andrl west pointaof,lthat fully reproducedf hereinTAny andaall zare part of this code as if Su~• 3. Agricu'Itural Use, Nothing con- . Subd. 4. Inspection and Enforcement, portion of the lot covered b on- tained in this chapter shall prohibit the e board and all bff~cers or employees ing to the .highest Y the build- in ma s are available for ublic ins ec- °se of any land for agricultural purposes point of the roof for lion duruig regular city offs a hours and of the board shall have the right to en- flat roofs; to the deck line of mansard are maintained in P or the construction or use of buildings ter into any building, conveyance, or roofs; and to the mean height between rate manner. All maps rmaintainedc ~n or structures incident to the use of agri- place where contagion, infection, filth, or eaves and ridge for gable, hip and gam- accordance with this subdivision are, cultural purposes of the land on which _ other source or cause of preventable dis- brel roofs. such buildings or structures are located ease exists or is reasonably suspected (18) Home Occu ation" however primarily for informational pur- in unpl:atted areas of five acres or more. subject to the provisions of section 3.21, use customarily conducted entirely withy ofothis part andtthermaps the provisions als,dNothiug an th s cha ter R - subdivision 3. in a dwelling by the occupants onl of this ~ Natural Mate;i_ which use is clearly incidental and sec' Part shall control. hibit the excavation of natural smalle Pa]s Subd. 5. Uniform Enforcement and Ap. ondary to the use of the dwelling for Subd. 5. UnlawWl Uses Not Made Law- peals, ~ dwelling purposes and does not change a adoption of this code .and the for the construction of a building eer- y and all orders or rules and ful, Th milted in a district in which the same regulations adopted or issued by the the character thereof. Any activit repeal of such an extent that is noticeable ythat chapter shall not have the effe t of m k is located if the building is to be con- . __ board shall be enforced in the manner strutted in the lot from which the ma_- '~provided in section 3.13 of part I of this the property is being used for nonresi- ing lawful any use unlawful under terial is excavated. Excavations shall chapter. Similarly, persons aggrieved by dential purposes shall not constitute a vious zoning ordinances of the city re not be made, however, in violation of any order or rule or regulation of the home occupation. any other applicable board may appeal in accordance with the (19) Hotel" means any buildin 3•~• Zoning Districts. code. Provision of this provisions of section .3.13 of part I of portion thereof where lodgmg is o fered Subdivision 1. Establishment of Districts. this chapter. to transient guests for compensation and For the purposes of this chapter the city Subd. 5. Service Stations, No service sta- . in which there are more than five slee shall be divided into the following use lion or public I ing rooms with no cooking facilities in districts: garage shall be located within 300 feet of the CHAPTER III. an individual room or apartment. R -Residence District school, church, hospital, or st dium;oand (20) "Junk Yard" means land or build- MR -Multiple Residence additionally such business shall require PART IV -ZONING REGULATION ing used for the storage or keeping of C_i -Neighborhood Business District a special use permit in accordance with junk, including scrap metals, or for the C'2 -General Commercial District the Provisions of Section 3.41 and Sec- 3.27. General Provisions. dismantling or wreckin I -Industrial District lion 3.33. Subdivision 1. Scope of Part. The or other ,vehicles or machinery, other The symbols opposite the names describ- Subd. 6 Outdoor Advertise pose of this chapter is the promotion of than the storage of materials which is ing each use district above may be used health, safety, order, convenience incidental or accessory to any business ng• For pur=""~-? pros- in place of the name of the use district ng shall bee classified' as a businesse anc+ f ~A eerily, and general welfare by regulating or industrial use on the same lot. in succeeding provisions of this chapter. shall be the location, size, use and height of (21) Lot, Corner" means a lot situ- Subd. 2. Boundaries of Zoning Districts. Permitted in all districts zok buildings, the arrangement of buildings ated at the intersection of two or more -Recognizing that the boundaries of flee for industrial PA comme gulat ono / ~" Y population ject to other a' hcable re and lots, and the densit of streets, or bounded on two or more ad- zoning districts of the city, as enumer- Subd. 7. Off Street Parke within the city, jacent sides by street lines. (22) "Lot, Interior" means a lot other subject to thane the ng In any cod, ated in Subivision i of this section, are mercial or industrial district, Subd. 2. Interpretation and ApNlieation. than a corner lot. The provisions of this chapter are min- (23) "Lot, Key" means the first lot to Precise bounds- off street loading or unloading hall be imum requirements. Whenever this chap- the rear of a corner lot, the front line toethis code istrc is as delineated b Te- ter imposes a greater restriction than is of which is a continuation of the side gal description are found in A Y Provided, and in all districts parking imposed or required by other provisions line of the corner lot, exclusive of the APendix C spaces for parking and storage of vehi- of law or by other rules, regulations or -width of an alle and fronting on the ties shall be provided in accordance with ~, ordinances, the provisions of this chap- street which intersects or intercepts the 3.29. Provisions Applicable to All Dis- the provisions of Subd. 8 of this section Y Y, tricts. and other applicable provisions of this ter shall control. Subdivision 1. Conformance Required, code. street on which the corner lot fronts. Except as hereinafter specified, no land,, Subd. 8..Off Street Loading and Parking Subd. 3. Definitions. The following terms (24) "Non-Conforming Use" means a building, structure or - ~`~'` have the meanings ascribed to them in use lawfully in existence on the effective hereafter be used and noTebu lding holr RAII Districts. Offcstreet ~ oadinge a d this section• date of this code and not conforming to Part thereof or other structure shall be (1) "Apartment" means a room or the regulations for the district irk which located, erected, reconstructed, extend- of dri ewaquirements as to the location suite of rooms which is designed for, it is situated, except that such a use is ed, enlarged or altered except in con- set forth in this. chapter or in other intended for or occupied by one famil not non-conforming if it would be autho- fortuity with the regulations herein see- city codes or regulat onss anddno use of and equipped with cooking facilities. Y cated,unden special use permit where lo- 'cified for the district in which it is lo- y p (2) "Automobile camp means land or << Gated. Propert is ermitted unless such use is premises used or intended for occu ant (25) Story means that portion of a in conformity with such requirements. P Y building included between the surface of Subd. 2. Non-Conforming Uses. Any use, Subd. 9. Multiple Residence .Project by trailers or movable dwellin s rooms building, or structure lawfull existin a~ or sleeping quarters of any kind, include any floor and the surface of the next ing trailer coach floor above it, or if there is no floor of the date which it was rendered non- Wellcodeorelat ngndonthehlocation iof sacf parks. conformin b (3) "Automobile court" means a group flooreand thenceilingsnext above it, the g Y this. part or any previous cessory structures and the observance o; of two or more detached or semi- (26) ".Story, Half" means that portion zoning ordinance of Y beicontinued even ortback requirements, a masonry wall detached buildings containing guest rate predecessor~ma rooms or apartments which group is de- of a building under a gable, hip or gam- though such use, building or structure ectpandnwhichiinc odes a ben htfor pub- signed, intended or used brel roof the wall plates of which, on at may not conform with the proj- primarily for least two opposite exterior walls, are this chapter for the districtin which it frontonvenience, may be located in the the accommodation of automobile trav- is located, with the following exceptions project, but only upon secure elers; including groups of buildings des- not more than two feet above the floor Yard of any multiple residence ignated as auto cabins, motor lodges, of such story. and restrictions: ng a see- . motels and similar designations. (27) Structure means anything con- teal use permit as provided by this chan- (4) "Automobile Wreckin " _ strutted or erected, the use of which re (1) No existing building or premises ter. No such special use permit shall be Yards. g See Junk quires location on the round or attach- devoted to a use not permitted by this granted unless the requirements of Sec- (5) "Block" means that property abut_ anent to something having location on chapter in the district in which the lean 3.41 are met and unless the wall or ling on one side of a street and lying the ground. building or premises is located may be pylon will conform to the following con- between the two nearest intersectin or (28) `Structural alterations" means enlarged, extended, reconstructed, sub- ditions: intercepting streets or g any change in the supporting member; stituted or structurally altered, unless the projected streets of a building such as bearing walls, col- °se thereof is changed to a use (i) It shall not be located in such a and another street, railroad right-of-wa led in the district in which it is located, foryvehicles on uany adjacent tstreebiho~ or unsubdivided acreage. Y umns, beams or girders. except when required by law to do so. -vehicles entering or leaving the project (li) `Building, Accessory" means (29) Use" means the purpose for (2) No such non-conforming use may or any adjacent subordinate building, the use of which is which land or premises or a buildin incidental to that of amain buildin on thereon is designed, arranged or intend be extended to. occupy a greater area of Property. the same lot. g ed or for which it is or may be occu- land, or be moved to another (2) It shall not be located closer than pied or maintained. the Parcel. Part of 10 feet from the public right-of-way. (7) "Building, Main" means a building (30) "Use, Accessor (3) Anon-conforming use may be ex- with) theshall be of materials compatible in which is conducted the principal use Y'- means a use tended throughout an existing building (4) It shall bear only the name of the of the lot upon which it is situated. incidental and accessory to the principal Project involved. (8) "Court" means an open, unoccu- use of a lot or a buildin located on the provided no structural alterations are Project and no other advertising mate- ----- - died space bounded on two or mor . same lot as the accessory use. made. real. sides by the exterior walls of a building (31) `Yard" means any open space (4) If such non=conforming use ceases (5) It shall include a bench as an in- or buildings on the dame lot. g other than a court on the same lot with for a period of two y subse- to ral g a building, which open space is unoccu• the nt use shall be in conformance with (6) It shallf be ode iuatel lighted at (9) "Dwelling' means a buildin or provisions of this cha 9 Y portion thereof used exclusivel for res_ Pied and unobstructed from the ground Pter. night to discoura Y upward, except as otherwise provided in (5) If any non-conforming use of lands or concealment; and 1 ghtseshall be pro idence occupancy, including one-family, Section 3.39 of this chapter. In measur- on which there is no substantial building vided for the wall or two-family, and multiple dwellings but ing a -yard, the line of a building means not including hotels, or lodging or board- aline is discontinued for any period of time, er lighting in -the areapisl~'nadequate for ing houses. parallel to the nearest lot linty any subsequent use of land shall be in this .purpose. (10) "Dwelling, One-Famil drawn through the point of a building or chaptemity with the provisions of this (7) It shall not exceed 7 feet in height. building used exclusivel for occu an a the xoint of a dwellin (8) Its length shall not be such as will y g group nearest to (6) If at any time anon-conforming be disproportionate to other buildings by one famil p cY such lot line, excl:.isive of the respective building or structure is damaged by fire. and structures in the area and in no y' architectural features enumerated iii (11) "Dwelling, Two-Family" means a Section 3.39 of this chapter as not to be earthquake, wind, water, explosion, riot. event more than 30 feet br 5%, which- building used exclusively for occupancy considered in mQasurin war or Act of God to the extent of more ever is less, ~of the width of the y two families liven rode endentl of or'as been g Yard dimensions than 50% of its then market value at the ty on which the each other. g p Y g permitted to extend into an proper-' (12) "Dwellin ,, front, side or rear yard, respectivelyY time of the damage, then without fur- the side of whichpthee wall created, on buildin or g' Multiple means a and the measurement shall be taken ther action by the Council, the said located. pYl~on is g portion thereof used for oc- from the line of the building to the near- building and the land on which. the cupancy by three or more families I.iv- , est lot line. building was located shall from and af- gulations for Residence Dis- ing independently of each other. ter the date of such damage conform to 3.30. Use Re (13) "Dwelling Unit" means a dwelling tending aeros'sAthe tfront of the lot be- tact (R), or portion of a dwelling or of an apart- tween the inner side all regulations of this chapter. The de- ment hotel used, by one family for cook- ing between the front line of the lontan.l termination of the extent of the damage Subdivision 1. Permitted Uses. Y- and the fair market value of the build- R„ District,• unless otherwise In the ing, living and sleeping. the nearest line of the building, ing or structure shall be made by the in this chapter no building or land shat (14) Family" means one or more (33) "Yard, Rear" means a City Council. be used and no building shall hereafter persons occupying a premises and living lending across the full Yard ex- (7) Notwithstanding any other prove- be erected or structurally altered except as a single, non-profit housekeeping unit,- and lying between the rearhline tof the sions of this Code, no junk yard existing ~ as distinguished from a p eying lot. and the nearest line of the buildin for one or more. of the following uses. ~ grou occu as anon-conforming use in a Residential a hotel, club, fraternity or sorority (34) "Yard, Side" means a g' or Commercial District shall be contin- (1> Single family dwellings and their i,, house. The term family 'includes neces- tween the side line cf the lot yand the su sary servants. ued unless in a Commercial District such accessory buildings. ^an (15) "Garage, Private" means an ac- ing fromlthe front Ibrreloif thenlotetoeth~ funk yard be completely enclosed with- farms olr truckrseries or greenhouses; tiaessory building for only the storage of rear yard. i4 a building or within a continuous stand or structures for the udisplayetor ~'~propelled vehicles, solid fence not less than ei ht 8 in height and in any case ofsuch height erlcommer ialtstructure shall be lot led `aiiJ "Garages, Public" means any Subd. 4. Contentgs ofgZoning Regulation; as to screen completely all the o era- thereon unless a s ecia1 use se6es except those herein defined as Maps. The zonin re ulations of the city lions of sucg junk yard. The plans of been issued therefoi pursuant to Section artle or storm*e Q referred to in this such buildin or fence shall have firsx 3.41 of this chapter. permit has z, garage, used -for consists of all of the art of Chapter III been a alge or case of self-propelled ve- Arinted provisions PProved by the Chief Inspector. •e where any such vehicles arc contained in this part and any appendix (8) Nothin (3) Home occupations. ~nsr operation or repair or kept Hereto end also consists of official zon- gin this Code shall be con- (4) It is. found and determined that strued to prevent the stren thenin ~tion, hire or sale. g ma s which are not reproduced i^ restoring to a safe condition of an g or the occupancy of a single family resi- this code; but which shall be maintained of any building or structure declared ant borhood b single family. residence neigh- °~ safe. by a proper authority. Y a number of unrelated per- . - sons tends to disrupt and disturb the ~ ~~ ~i ,,~..., _ _ ,-, -'w~~ Q6RlEdt~lt.~PLkBl~E94iTfG'tN~E,tTM.E)FrRlkl•i~f~L•'ID ~•YR-itt~F#FIIeCb ~1J~1=;PA~~'-'3 fter erected or requirements of an "R" district as set such frontage, subject to any other ap- ct to the mod- forth in .Section 3.30 of this chapter. plicable sign regulations, :ion 3.39 of this (2) Front Yard: Each building shall (k) All exterior lighting will be so ilding designed f ete a front yard of not less than 40 designed, placed and operated as not to nily shall con- be a nuisance to adjacent properties. ents applicable (3) Side Yard: No side yards shall be y building de- required except as follows: (I) If the station or garage is to be call have a lot located in a shopping center or other in- .not Less than (a) On a corner lot adjacent. to a tegrated develgpment,it will be in archi- ' building de. key lot in a residential district there tectural harmony with the rest of the families shall shall be a side yard adjacent to the center or development. ned under the street of a width equal to not less than Subd. 2 of this one-half the depth required for front provide foretlieaoutdoor operation1lof lur yards on the lots to the rear of such brication equipment, hydraulic lifts or corner lots. service pits, or the outdoor display of Front side. merchandise; but the outside under- s shall be the (b) Along that side of every lot in ground storage of gasoline and other pe- as in an "R>, a commercial district. bordering upon troleum products between pumps, or the ifications pro- beoaesideln the "R" district, there shall temporary display of merchandise with- ection 3.36 of yard of not less than 15 feet. in 4 feet of the station building is per- (4) Rear Yard: There shall be a raar milted. Neighborhood Bard in every lot in a "C-1" district (n} If the station or qual to 20% of the depth of the lot to to be located on a county road orl state ict s. unl a sus fo msuch lot prgov'ded dthat su h rear highway, it shall not be operated be- chapter, the Yard may be reduced one foot for each tween the hours of 11:00 p.m. and 6:00 d: one foot of front yard provided in excess a.m. of the following day. of the minimum requirements for front an "R" dis- yard set forth in this code fora "C-1" (0) If the site is at an intersection, upon compli- district and provided that said rear d area on the slte, adjacent to and with requirements yard must be at least ten feet. No rear in 50 feet of the intersection, free o~ ided that no yard bordering upon an "R" district vehicles, signs (other than a pedesta welling shall shall be used for storage, loading, un- sign), displays or other materials whit:, rict without loading or similar activities, 1 use permit tend to obstruct intersection visibility. sions of Sec- 3.33, Use Regulati°ns for "C-2" General Commercial Distrief, ' telephone and tel gram lofficesstmessen' supplying of Subdivision 1. Permitted Uses. In a Gen- ger offices, professional offi-ces and ho- ties or serv- eral Commercial district, unless other- tels. of residents wise provided in this chapter, the follow- ood. These ~g uses are permitted: (5) Carpenter, furniture repairing or business or (1) Any use permitted in a "C-1" upholstery shops, book binding shops, s a grocery trict subject to an dis' dress making shops, shoe repairing or rlcet, meat Y Procedural require- dyeing shops, newspaper or ob hop, beauty ments applicable in the "C-1" district. establishments, electrical, tinsmitmhing f dry good (2) Retail stores and shops, Plumbing, water, gas or steam fitting professional shops, paint or paper hanging shops, and (3) Gasoline service stations, pul?Iic outdoor advertising signs, la fountain, garages and car sales lots, subject to ing, on-sale the special use permit requirements of (s) Seif service laundries. olic bever- this section. A special use permit for (7) Accessory uses and structures cus- such use shall not be granted, however, tomarily incidental to any permitted use and strut- unless it appears that the propised use including. a dwelling which is necessary and cus- will be in substantial compliance wilt, to anon-residential use, but not to in- ta1 to per_ the following .standards: elude the open storage of equipment or m, garage, (a) The use site will not abut a lot materials. nor related which is in an "R" district. For the pur. (8) Tree trimmin services, istrict. Poses of this paragraph: a lot which that such services do not include lthe Messes and merely adjoins the use site at one tor- storage, accumulation or keeping of iers of the ner will not be deemed to abut the site. wood or tree trimmings on the premises. of be con- (b) The use will not create undue Subd. 2. Uses b S -esses and traffic hazards or traffic congestion by The following Uses pshall bUSe Permit. " C-1" dis- reason of the turning movements which onl u on he Permitted vehicles would make in entering or leav. Y P t procurement of a s ecial use permit, pursuant to Section 3.41 of hop; thg the site. this chapter: shop; (c) No driveway, at the (1) Undertaking establishments point it (2) Any drive-in business where peo- crosses the property line of the site will ple are served in automobiles, be within 40 feet of an intersection, An id uphol- "intersection" as used in this paragraph (3) Automobile camps and courts. means the 'point of intersection of the (4) Other business uses which are de- extended curb lines if the curbs on the termined by the council, pursuant to near side of the site, and measurement Section 3.40 of this chapter, of the same ~.~ary; shall be along such extended curb lines, general character as the uses enumer- ated in this section as permitted uses in (d) The station or garage will not a "C-2" district and will not be obnox- display any banners, noisy ribbons or ious or detrimental to the district in ermitted similar attention-distracting or visibility- which located. ncil pur- obscuring devices in the area in front Subd. 3. Heigh# Regulations, Ina "C-2" lion 3.40 of building setback lines. district no building shall hereafter, t,~ general (e) The minimum frontage on any erected or structurally altered to exceed ' ermitted street will be 120 feet and the minimum three stories or 40 feet in height, sub- :h use Is area of the site will be 12,000 square ject to the modifications and exceptions section, feet for a station with four pumps or Provided in Section 3.39 of this chapter. less; and stations with more pumps will iff-Street have sufficient additional frontage area Subd. 4. Lot Areas and Yard Require- to provide equivalent and sufficient -nents. The same minimum require- space for servicing vehicles, for off ments shall be observed fora "C-2" dis- parking street parking, for safe vehicular ap_ trict as are provided fora "C-1" district ailers in Proaches into the station, and for good m Section 3.32 of this chapter. 'eight is visibility for pedestrians and drivers. 3.34. Use Regulations for tndustriaf Dis- (f) No driveway will be flared out- trict (1), is per- `Ward on the boulevard in such a way Subdivision 1. Permitted Uses. In the Y with- as to encroach upon the boulevard of "I" district, unless otherwise provided u~ except adjacent property. this chapter, no building or land shall ig and (g) The station or garage will tom- be used and no building shall hereafter imariIv ply with the off street parking, sign be erected or structurally altered except not be construction and other regulations of the for one or more of the following uses: are ob- city. dust. (1) Any use permitted in a "C-2" dis- matter (h) Any required buffer or screening trio, subject to any procedural require- area will be so constructed as to off. ments applicable in the `C-2" district. struct headlight beams of automobiles (2) Wholesale businesses and ware- . Ina on the station property from beaming houses, erect- onto adjacent residential exc0ed property. subject (i) Pump islands will not be so close (3> Automobile assembly or major re- ` ~ovided to street or adjacent property lines as to pair. create the likelihood of encroachment b (4) Creamery, bottling plant, i c e vehicles upon street right-of-way, side cream manufacture, ice manufacture, 'quire. walk areas or adjacent property. cold storage or milk distributing station. 'quire- :eafter, (j) Only one permanent detached (5) The manufacturing, tom o in a ground display. sign, pedestal t Processing, packa in or ~ -~~cre- ations be erected on the street frontage at nor cosmetics, g g ]{an~dead.r place uuu. ~• ~°r '+rea, Frontage, and Yard °"" Cxcepilons provided in Section 3.39 near the pharmaceut' Requirements. The following minimum of this chapter. Property line adjacent to the products, except fish, ,:red by section requirements apply to ,all buildings in street, except that if the frontage on the sauerkraut, vinegar, yF (1} All dwellings shall conform to the street is in excess of 150 feet, two such dering or refining bf ' signs may be allowed by the council on (6) The manufa~ °n Issuance. A spe- not be issued for the OFFICIAL PUBLICATION CITY OF RICHFIELD assembling or treatment of articles or merchandise from previously. nre'pared materials such as bond, cloth, cork, fi- ber, leather, paper, plastics, metals, or stones, tobacco, wax, yarns and wood. (7) .Manufacture of musical instru- ments, novelties and moulded rubber products. (8) The manufacture or assembly of electrical appliances, instruments and de- vices. (9) Manufacture of pottery or other similar ceramic products, using only pre- viously pulverized clay and kilns fired only by electricity or gas. (10) Laboratories -Experimental, film or testing. (11) The manufacture and repair of electric signs, advertising structures, light sheet metal products, including heating and ventilating equipment. (12) Blacksmith, welding or other met- al shop, excluding punch presses over 20 tons rated capacity, drop hammers and "the like. (13) Laundries, bag, carpet, and rug cleaning; provided necessary equipment is installed and operated to effectively precipitate or recover dust. (14) Building materials sales yard, re- tail lumber yard, contractors storage yard, contractors equipment sales and rental, storage and sale of food or fuel, provided dust is effectively controlled and storage yard for a delivery or dray- ing service. (15) Foundry casting light-weight non- ferrous metals or electric foundry not causing noxious fumed or odors. (16) Inflammable liquids, underground storage only, not to exceed 25,000 gallons, if located not less than 300 feet from any "R" District. (17) Any necessary uses customarily accessory and incidental to a permitted use. Subd. 2. Uses by Special Use Permit. The following uses shall be permitted only upon the procurement of a special use permit pursuant to Section 3.41 of this chapter. (1) Dwellings which are not accessory to any non-residential use. (2) Any other use that is determined by the city council to be of the same general character as the uses above. - Subd. 3. Offensive Use. No use may be established or maintained which by rea- son of its nature or manner of operation is or may become hazardous, noxious or offensive owing to the emission of odor dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water-carried waste. The council may establish condi- tions to the use of property where a spe- cial use permit is required, so as to min- imize or eliminate objectionable features of any such use. Subd. 4. Height Regulations. No building shall hereafter be erected or structurally altered to exceed three stoxjes or 50 feet in 'height, subject to. modifications and °-- lions provided in Section 3.39 of this chapter. Subd. 5. Yard Requirements. The follow- ing minimum requirements shall be ob- served for buildings hereafter created or structurally altered in an "I" district, subject to the modifications and excep- tions provided in Section 3.39 of this chapter. (1) Front Yard: Each building shall have a front yard of not less than 40 feet. (2) Side Yard; No side yard shall be required except as follows: (a) Along that side of every lot in an industrial district which borders upon property in the "R" or "MR" districts there shall be a side yard of not less than 25 feet. (3) Rear Yard: Rear yard require- ments shall be the same as fora com- mercial district. (4) When an "I" industrial district is adjacent to an "R" or "MR" district, the minimum side yards shall be 25 feet and on a corner lot or site which borders on a key lot in an "R" or "C" district, the side yard shall have a width equal the front yard depth for the lots to ',~ nG# such corner lot or site, pro- ` arm=egulai:ion shall not reduce es excel,v~h of any such corner e or stsS feet. e or ca where ai!- .When the use of operatio~tructure or prem- ~ion, hire3escribed in this code, the requirements for the use most similar to the proposed use applies.. If, in the judgment of the chief inspector, a proposed use does not come within any existing .use classification, he shall refer the matter to the council for an appro_ priate classification or the granting of a special use permit as provided in section 3.41 of this chapter. 3.36. Special Provisions -Outdoor Adver- tising, Billboards, Real Estate and Other Signs. Subdivision 1. Outdoor Advertising Signs, R or MR Districts. No outdoor adver- tising signs, billboards, or real estate signs shall be erected in an "R" or "MR" district except as follows: (1) Signs not to exceed 2 square feet displaying only the name of the owner, occupant or lessee. (2) Non-illuminated or non=reflecting signs, not exceeding 10 square feet in area pertaining only to the sale, rental or lease of the premrses upon which dis- played; or bulletin boards of schools, churches and other public institutions permitted in such districts. (3) Signs advertising the sale of a sub- division when located thereon, provided that the sign, location, and length of time that such signs shall remain have first been approved by the council. (4) Direction and information signs. of a public or quasi-public nature, including signs serving as directional signs to properties not situated adjacent to the street next to which the signs are located, upon. first securing approval by the coun- crl. Subd. `2. Outdoor Advertising Signs, C or Districts. Outdoor advertising signs, billboards, real estate signs and the like shall be permitted in any "C" or "I" district provided the following conditions are met: (1) Such signs meet the requirements of this city relating to signs as set forth in part V of this chapter. (2) Any such sign must be set back from the street equal to at least as far as the required front yard from the dis- trict in which it is located, provided that on a major city street or federal or state highway such signs may be re- quired to be set back such additional distance as may be required to insure proper vision and safety to the traffic on such streets and highways. (3) No such sign shall be permitted which faces on the front or side lot line of any lot in an "R" or "MR" district used for residential purposes within 100 feet of such lot or within 200 feet of any public parkway, public square or en- trance to any public park or public or parochial school, library, church, or sim- ilar institution. Subd. 3. Compliance with Part V of this Chapter. All advertising signs erected or used within the city shall be subject to the provisions of part V of this chapter. 3.37. Special Provisionf -Group Housing Development. Subdivision 1. Definition. A group hous- ing development is defined as a develop• inept consisting of one or more struc- tures containing three or more dwelling units on a single site. Subd. 2. Locations. The following regula- tions shall apply in determining per- mitted locations for group housing de- velopments: (1) A group housing development may be permitted only upon application there- for, pursuant to section 3.40 and ap- proval of said application by the coun- cil in accordance with all the require- ments of this section. (2) A group housing development may be permitted only in an "MR" district notwithstanding any other provisions of this section. (3) The buildings in the development shall consist only of multiple dwelling structures and buildings and structures necessary thereto, such as garages and swimming pools. Subd. 3. Group Housing -Additional Re- quirements. The council shall investigate and ascertain that the plans for the proj- ect meet the following conditions: (1) That the proposed development complies with the definition of subdivi- sion (1) of this section. (2) That the land and buildings are to be used only for residential purposes and customary accessory uses, such as parking, recreation and laundry, but not including retail selling of merchandise. (3) That the proposed development is designed to produce an environment of stable and desirable character and pro- vides standards of open space and per- manently reserved areas for off-street parking adequate for the occupance pro- posed and of at least equivalent to those required by the terms of this part. (4) That such multiple dwelling struc- tures shall be so arranged as to pro- vide ample open space between build- ings, proper exposures for the dwelling units within the project and ample light and air to all units within the project and adjacent residential areas outside the project. (5) That each development having less than 12 family dwelling units shall have at least two on-site (off-street) autorno• bile parking spaces per dwelling unit, each development having more than ii dwelling units shall have at least one and one-half such spaces per dwelling unit. Space allocations on a project site for future garages shall be shown on -plans at the time application for the project is made. (6) That' in each mu)tiple dwelling project containing only one dwelling structure, the gross floor area of such structure (including the area of parti- tions and outside walls of each floor) shall not exceed 20 percent of the total area of the development site. (7) That each building in a develop- ment shall have afront-yard set-back of at least 30 feet; provided that if a great- er set-back has been established by exist- ing buildings in the block, such greater set-back shall be observed. (8) That in each multiple dwelling project containing only one dwelling structure, such project shall have a rear- . yard set-back and aside-yard set-back. from any adjacent "R" area of 25 feet. (9) That each multiple dwelling proj- ect containing more than one dwelling structure shall have. a rear-yard and side-yard set-back of at least 25 feet;. and there shall be a space between arty two adjacent buildings at least equal to the sum of the heights of the two build- ings. - (10) That each dwelling structure in a development shall have aside-yard set- back from any adjacent commercial or industrial property of at least 20 feet. (il) That any unenclosed (outside) off- street parking area on a development site shall be set back at least 20 feet from the traveled roadway of any public street, and at least ten feet from aqy property line. (12) That multiple dwellings in projects of less than 500 dwelling units shall have a density of not more than 20 dwelling units per acre; provided that if the proj- ect includes one indoor automobile park- . ing space per unit such density may be increased to 22 dwelling units per acre and if the project includes two indoor automobile parking spaces per unit such density may be increased to 24 dwelling units per acre. Multiple dwelling proj- ects of more than 499 dwelling units shall have a density of not more than 30 dvrell- ing units per acre. (13) That multiple dwelling units other than those in town houses and row houses shall have a floor area of 650 square feet per one-bedroom unit, with floor area computed on the basis of in- side measurements, excluding hallways and entranceways. .Suitable storage space, of at least 25 square feet per unit, shall also be provided. So-called "efficiency apartments" with combina- tion living room-bedroom facilities shall have the same minimum floor areas as one-bedroom units. Each such multiple residence development shall provide for an on-side outdoor living space yard area or areas easily accessible to the multiple dwelling units in the develop- ment. Such yard areas need not be sep- arate for each dwelling unit. No such yard area shall be less than. 20 feet in width. Such area shall be at least 600 square feet per unit for two-family and three-family dwellings and at least 300 square feet per unit for larger multiple- family developments. (14) That the outdoor living space yard areas required by this section shall not include driveways, parking areas or front or side yard set-back areas. (15) That each group housing develop- ment project shall include landscaping of all areas not occupied by buildings, parking lots and driveways, with such landscaping plan to be approved by the council. (16) That each group housing develop- ment project shall include adequate out- door on-site lighting of the parking areas, walkways, and other areas of the project. Such lighting shall be approved by the council and shall meet the re- ! quirements of ~ the city, relating to non- residential off-sreet parking areas. (17) That any "town house" or "row house" as used in this section is a mul- tiple dwelling structure having not less than three dwelling units erected in a row as a single building, each unit be- ing separated from the adjoining unit or units by a party wall or walls. (18) That any town house or row house .shall meet the following require- ments: (a) It shall contain no more than lU dwelling u::its in one continuous struc- ture. (b) The party walls between each two dwelling units shall be of masonry construction extending from the base- ment floor to the roof. (c) No dwelling structure shall have an over-all length of more than 180 feet. _ (d) Provision shall be made for at least two automobile parking spaces per dwelling unit, at least one of which shall be indoors, which spaces shall be in close proximity to the dwelling units"i~t`°- - which they have been provided ~.:.: (e) ,Structures shall have a set-backj•:.~,~.4"•.~~r from any interior roadway on the pro' ect site of at least 25 feet; a sx' between buildings on the project ~i at least 25 feet or one-half the sub, the heights of the two adjacen;, ba ings, whichever is greater; and a a back from any adjacent property of ; least 20 feet. (f) Except as modified by the pro- visions of this paragraph, the other re- quirements "applicable to multiple dwell- ~ ing structures shall be observed, t (19) That town houses and row houses ;~„ ' shall have a density of not more than 16 dwelling units per acre for three-bed- room units and of not more than 18 dwelling units per acre for one-bed- room and two-bedroom units: (20) That town houses and row houses shall have a floor area of at least 900 square feet in each one-bedroom or two- bedroom dwelling unit, including storage space and hallways; and shall have a floor area of at least 1,040 square feet in each three-bedroom or larger dwell- ing unit. Each dwelling unit in a town house or row house shall have a private on-site outdoor living space yard of at least 300 square feet for each one-bed- room or two-bedroom unit and at least 400 square feet for each three-bedroom or larger unit. Screening , of such pri- I vate yards shall be of a type approved by the Council (21) That the property adjacent to the project will not be adversely affected. Subd. 4. Issuance of Zoning Certificate. If the Council finds that the proposed project will comply with this Code and will be consistent with the intent and purpose of this Part to promote the pub- li~ health, safety, order, convenience and general welfare it may authorize the Building Inspector to issue a zoning cer- tificate. 33.8. Special Provisions _ Outside Park- ing and Storage.. Subdivision 1. Declaration of Nuisance. The outside parking or outside storage, on or near residence district properties, of vehicles, materials, supplies or equip- ment not customarily used or needed for ,use in connection with the occupancy of residential property for residence pur- poses, is hereby found to create a nuis- ance and detrimental influence upon the public health, safe'.y, prospertiy, g~,d order and general welfare in such dis- tricts, including obstruction of view on streets and on private properties, bring- ing unhealthful and noisome odors and materials into residential neighborhoods, creating cluttered and otherwise unsight- ly areas, preventing the full use of resi- dential streets for residential parking, in- troducing commercial advertising signs into areas wlae.re commercial advertising signs are otherwise prohibited, and oth- erwise adversely affecting residential property values and neighborhood pat- terns. Subd. 2. Unlawful Parking. It is un- lawful for any person, owning, driving or in charge of a vehicle of any of the types hereinafter specified to cause or permit such vehicle to be parked or to stand continuously for more than two hours on any residence property, or on the public street on the side adjacent to residence property. This prohibition 3garnst permitting vehicles applies to but is not necessarily limited to the foi- ~owing vehicles: (i) Any bus designed to carry more ;hap 9 persons. (2) Any motor truck or pick-up truck laving a capacity of one ton or more. (3) Any tractor, truck-tractor, truck- railer, or any type of trailer. iubd. 3. E~ceeptions. Subdivision 2 shall ~~ - ~., . - -~. _ -.., ar.'~INP•w±!c^!v~'~+:*"t= ____~ _ -~+~~'a'c+1" v`` -.....~.d9~~m°~tr."*'~nno„___---. ~.~ ...aw.,a•.~"'~~,u......_..:..-.-a.-~ --. _y _ ~ - _..__~ \_`.` - e ~ .. ~ - i- _y not apply to the following vehicles: (1) Any motor truck, pick-up truck or similar vehicle being used by a public utility, moving company or similar com- pany, while it is actually being used to service a residence not belonging to or occupied by the operator of the vehicle, in a residence zone. Subd. 4. Unlawful Storage -Special Use Permit. It is unlawful for any person owning, keeping, driving, or in charge of any house trailer, mobile home, va- cation trailer, vacation bus, airplane, construction or home-occupation machin- ery, equipment or supplies,- or other ma- chinery, equipment, supplies ~or mater- ials not customarily used or needed in connection with the occupancy of resi- dential property for residence purposes. to cause or permit the same to be stored outside of a building on any residence district property for a total of more than 30 days during any calendar year with- out first obtaining a special permit to do so in accordance with subdivision 5 of this section; provided that no special ermit. is required_ for a .house trailer, •k-o~;'.. or;)wacation: •~arailet less of 'm' lan eth ~ be Issued by Mana.g- permits issued pur- on shall be made to manager or his des- such permits only in this section and only ce with subdivision 6 ditions Governing Issuance T. No such permit shall be . ~.}.~;~ the manager or his desig- ~- ~ 1~uines that granting the per- '~~.;,~ jcreate, or be likely to create an ~ rse influence upon the, residence district involved, or upon persons or ~f. property in the vicinity of the location for which the permit is sought. No house trailer, mobile home or vacation trailer, regardless of length, shall be parked or stored on residence property in any front yard or side yard area where a struc- ture would be prohibited by the provi- sions of this chapter. Subd. 7. Appeal to Board of Adjustments and Appeal. Any person aggreived by a decision made by the administration under this section shall have recourse to the board of adjustments and appeals in accordance with the procedures set forth in section 3.40 of this part. 3.39. Exceptions and Modifications. The provisions of this code as applied to any and all districts except as otherwise provided are.- subject to the following ex- ceptions and modifications: Subdivison 1. Height. (1) In any district, public and semi- public buildings, schools and churches, hospitals, and other institutions permit- ted in the district may be erected to a height not exceeding 75 feet. The front, rear, and side yards shall be increased one foot for each one foot by which the building exceeds the height limit herein- before established for such district.. (2) Upon acquiring of a special per- mit as provided in section 3.41 of this chapter, any building may be erected to a height exceeding that hereinbefore spe- cified for the respective district; but the total floor area of the building shall not exceed that possible for a building in the district erected within the height lim- it specified in this chapter or a total of 75 feet, whichever is the lower. (3) Subject to any other provisions of law, towers, gables, spires, penthouses, scenery lofts, cupolas, water tanks, simi- lar structures and necessary mechanical appurtenances may be built and used to a greater height than the limit estab- lished for the district in which the build- ing is located, with the following quali- fications (a) No such exception shall cover at any level more than fifteen percent in area of the lot nor have an area at the base greater than 1,600 square feet. (b) No tower, gable, spire, or simi- lar structure shall be used for sleeping or eating quarters or for any commer- cial purpose except one incidental to the permitted uses of the main building. (c) No building or structure in any district shal•1 ever exceed a maximum height of 150 feet, except that the height limitations of this code shall not apply to chimneys, church spires, flag poles, monuments and radio towers. (4) When the average slope of a lot is greater than one foot rise or fall in seven feet of distance from the estab- lished street elevation at the property line, one story in addition to the num- ber permitted in the district in which the lot is situated shall be permitted on the downhill side of any building if the height of the building is not increased above the limit specified for the district. Subd. 2. Yards.. (1) For the purpose of computing front yard dimensions, measurements shall be taken from the nearest point of the front wall of the building to the street line, subject to the following qualifications: (a) Cornices, canopies or eaves may extend into the required front yard a distance of not exceeding two feet, six inches. (b) Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches. (c) A landing place or uncovered porch may extend into the required front yard to a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing no high- er than three feet may be placed around such. place. (d) The above enumerated architec- tural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project more than three feet into any side yard and then in the case of an outside stairway, only if it is' hnroofed and unenelosed above and below the steps. In no case shall a porch, stair landing or other architectural fea- ture extend closer than four feet to the side property line. (e) A wall, fence, or hedge may oc- cupy part of the required yard; but no wall, fence, or hedge more than four feet in height shall be constructed or permitted on any front yard, nor shall any wall, fence or hedge more than eight feet in height be constructed or per- mitted on any rear yard. Ald posts_on any fence located on or near the lot line shall be on the inside of the fence. The term "hedges" as used in this para- graph shall not include trees. No walls, fences, hedges, trees or other plants or structures shall be established or main- tained on the front yard of any corner lot in such manner as to obstruct vision from the adjacent streets of traffic ap- proaching within 50 feet of the adjacent intersection. No walls, fences, or hedges shall be constructed or permitted on any boulevard area or public right-of-way. (2) In any residential district where 25°I° or more of the lots in any block located in the same district, exclusive of the frontage along the side of a corner lot, have been heretofore improved with buildings of a character permitted in the district, the required front yard depth for the district shall be disregarded in the block and instead the front yard re- quired on each lot in the block shall be of a depth not less than the average depth of the front yards on the lots on which are located such existing buildings, to a maximum of fifty feet. -The same rule shall apply in any other district but only in case the average depth of front yards on the lots on which are located such existing buildings is less than the depth of front yards otherwise required by this chapter, provided that the mini- mum front yard established by this chapter shall be maintained in any commercial or industrial district facing upon an "R" district. (3) On a corner lot adjacent to a key lot, the side yard on the street side of such corner lot shall have a width at least equal to the front yard of such key lot, provided that this regulation shall not reduce the buildable width of the lot to less than 30 feet. (4) In case a dwelling is located on a lot so that its front and rear faces any side lot line, the dwelling shall • be not less than 25 feet from the lot line. (5) A church, library, museum, school or other memorial, institutional, or pub- lic building shall have a side yard of 25 feet on each side adjoining a dwell- ing or vacant land in an "R" district. ((i) In determining the depth of rear yard for any building where the rear yard opens into an alley, one-half the width of the alley, but not exceeding ten feet, may be considered as a portion of the rear yard subject to the following qualifications: (a) The depth of any rear yard shall be reduced to less than ten feet by the application of this exception. (b) If the door on any building or improvement, except a fence, opens toward an alley, it shall not be erected or established. closer to the center of the alley than a distance of 20 feet. (7) In commercial and industrial dis- tricts front and rear yard areas may be used for parking, provided that side yards are maintained adjacent to such use. Subd. 3. Accessory ,Buildings. The fol- lowing requirements apply to all acces- sory buildings as defined in Section 3.27 of this •chapter. (1) In case an accessory building is attached to the main building, it shall be made structurally a part of the main •..:~.. OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 15 building and shall comply in all respects with the requirements of this chapter applicable to the main building. An ac- cessory building, unless attached to and made a part of the main building, shall not be closer than five feet to the main building, except as otherwise provided in this section. (2) A detached accessory building not over one story and not exceeding twelve feet in height may occupy not to ex- ceed thirty percent of the area of any rear yard. (3) Detached accessory buildings in residential districts shall conform to the following additional requirements as to their locations upon the lot: (a) In the case of an interior lot abutting upon one street, no detached accessory building shall be erected or altered so as to encroach upon the front half of the lot. (4) In the case of an interior lot abut- ting upon two or more streets, no de- tached accessory shall be erected or al- tered so as to encroach upon the one- fourth of the lot nearest either street or in any case nearer to the established building line on either street frontage. (5) In the case of a corner lot abut- ting upon two streets, no accessory build- ing shall be erected or structurally a1- tered so as to encroach upon-the front half of the lot nor so that the building will be nearer to the lot line along the street side of the lot than a distance equal to the width of side yard on the street side of the lot; but on a corner lot adjacent to a key lot, no detached accessory building shall be located near- er to the street line of the street upon which the key lot faces than a distance equal to the depth of front yard re- quired on the key lot. A garage with doors opening toward the street shall not be closer than 20 feet to the lot line. (6) In the case of a corner lot abut- ting on more than two streets, no de- tached accessory building shall be erect- . ed or altered so as to be nearer to the lot line along the street side of the lot than a distance equal to the width of the side yard on the street side of the lot or nearer to any street line of the lot than a distance equal to one-fourth the depth of the lot. (7) No detached accessory building shall be within five feet of the side line of the front half of any adjacent lot except as hereinbefore specifically per- mitted. (8) No garage with doors facing upon the street shall be within 20 feet of the lot line. (9) The foregoing rules shall not re- quire: (a) Any detached accessory building to be more than 75 feet from any street line bounding the lot. (b) The street side of any detached accessory building to be nearer to the lot line opposite the street line than 20 feet. (c) A private garage to be separated from the front and side lines of the lot where the slope of the front half of the lot is, greater than one foot rise or fall in a distance of seven feet from the established street elevation at the prop= erty line or where the elevation of the lot at the street line is five feet or more above or below the established elevation. Subd. 4. Use of Existing Lots. In any district where dwellings are permitted, a single family dwelling may be located on any lot or plat of official record as of October 25, 1954, irrespective of its area or width; provided, however, that no lot shall be deemed to be less than 50 feet wide in any case. .Subd. 5. Conversion of Single Family DwePlings Prohibited. Notwithstanding any other. provisions of this section, a one-family dwelling structure located `in an "MR", "C-1", or "C-2" or "I" district shall not be converted into or used as atwo-family or multiple dwell- ing unless the owner thereof has first obtained a special permit in accordance with the procedures outlined in section 3.41 of this chapter. 3.40. Board of Adjustment and Appeals. Subdivision 1. Creation. The board cre- ated in this section is established in cpn- formity with Minnesota ;statutes, section 462.354, subdivision 2, and the provisions to which it refers. Subd. 2. Council Shall Act as Board; Powers. The council shall serve as the board create2l in this section. When the council is s~o acting, it has the follow- ing powers: (1) to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or de- termination made by an administrative officer in the enforcement of this part of this chapter. (2) To hear requests for variances from the literal provisions of this part in instances where their strict en- forcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this part. The council may not per- mit as a variance any use that is not permitted under this part for property in the zone where the affected person's land is located. The council may impose conditions in the granting of variances to insure compliance and to protect ad- jacent properties. Subd. 3. Application far Adjustmen? - Fee. Application for any adjustment permissible under the provisions of this section shall be made to the chief in- spector by written application. An appli- cation for an adjustment shall be ac- companied by payment of a fee of $10.00 in addition to the regular building per- mit fee, if any. Subd. 4. Public Hearing on Adjustment. Upon receipt of any application, the council may set a time and place for a public hearing on such application. At least ten days before the date of any such hearing, a notice of the hearing shall be published once in the official newspaper. Sudb. 5. Requirements for Compliance. In all cases in which adjustments or variances are granted under the provi- sions of this section, the council shall require such evidence and guarantees as it may deem necessary to insure com- pliance with the conditions designated in connection therewith. Subd. 6. Conditions Upon Grarrt of Ad- justment or Variance. Before granting an application for an adjustment or var- iance; the council must find: (1) That there are special circum- stances or conditions affecting the par- ticular land, building or use referred to in the application, not common to other properties in this or similar districts. (2) That the granting of the applica- tions is necessary for the preservation 'and enjoyment of substantial property rights. (3) That the granting of the applica- tion will not materially and adversely af- fect the health or safety of persons re- siding or working in the neighborhood of the property of the applicant and will not be materially detrimental to the pub- lic welfare or injurious to property or improvements in the neighborhood. At the hearing the applicant shall present a statement and evidence in such .form as the city may require to show these facts. Subd. 7. Orders, The council shall with- in areasonable time make its order de- ciding the matter and shall cause a copy of its order to be served by mail upon the petitioner.' Subd. 8. Record of Proceedings. The council shall maintain a written record of its proceedings which shall include minutes of meetings, its findings in cases before it, and a record of action taken on each matter before it including the final order. Subd. 9. Review by Planning Agency. No decision shall be'made by the board on -"-'"- any matter before it until the planning agency acting. pursuant to its authority as set forth in part VII of this chapter shall first have had a reasonable op- poriunity,_not to exceed 60 days, to re- view and report to the council upon any matter referred to it by the council. 3.41. Speeia~l Use Permits. Subdivision 1. Issuance. Special use per- mits may be issued for any of the fol- lowing: (1) Any of the uses or purppses for which such permits are required or per- mitted by the provisons of this chapter. (2) Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare. (3) Commercial excavating or natural materials used for building or construc- tion purposes, in any district. (4) To classify as a conforming use any instit~itional use existing in any dis- trict at the time of the establishment of such district. (5) To permit the location of any ,of the following uses in a district from which they are excluded by the provi- sions of this code; airport, library, com- munity center, church, hospital and in- sitution of an educational, philanthrop- ic or charitable nature, cemetery, cre- matory, mausoleum or any other place for the disposal of human dead. ((i) rr^or any use covered by section 3.35, , Subd. 2. Limitation on Issuance. A spe- cial permit may not be issued for the ~- ~. _ PAGE 16-THE RICHFIELD SUN-OFFICIAL PUBLICATION. CITY'OF RICHFIELD purpose of granting an adjustment or appeal pursuant to section 3.40 nor for any use not authorized for the specific district for which the permit. is sought, nor for any use prohibited in all dis- tricts by the provisions of this part. Subd. 3. Application. Application. for the issuance of a special use permit shall be made to the chief inspector. Any pro- ceedings to classify certain uses as con- forming uses as provided in .this sec- tion may be initiated either by such ap- plication or by the council. Subd. 4. Public Hearing, The council may hold such hearings on the proposal to issue a special use permit as it. may consider necessary; but at least one pub- lic hearing shall be held by the coun- cil or by a committee or commission to be designated by the council in any ap-. poication for a use permit for the es- tablishment of any use listed in subdivi- sion 1, subsections 5 and 7, of this sec- tion. may, by two-thirds vote, adopt the amendment or any part thereof in such form as it deems advisable. Subd. 8. Limitation on Issuance of Build- ing Permit During. Pendency of Amend- ment. No building permit for any build- ing or structure shall be issued for any area while proceedings for rezoning of such area are pending, unless such per- mit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless council approval is first obtained. Subd. 9. Limitations on Timing of Pe- titions. Not more than one petition for the rezoning of any particular lot, piece or parcel of land .shall be made within any twelve-month period. CHAPTER III PART V - SIGNS AND BILLBOARDS tations applicable to a single additional pedestal sign. No pedestal sign shall be so designed as to have both (a) moving parts, and (b) moving or blinking lights. In addition to the pedestal signs per_ mitted by the foregoing provisions of this subdivision, a sign advertising a public telephone may be located. in the area ahead of the building setback line on the structure in which such public telephone is located. (13) "Business sign" means a sign that states the proper name of .the busi- ness, organization or institution located on the premises on which the sign is located. (14) "Sign area" means that area of a sign within the marginal lines of the surface, which bears the announcement, name, advertisement or other message; or in the case of letters, figures or sym- bols attached directly to any part of a building, the area which is included in the smallest rectangle which can be made to circumscribe each letter, figure or symbol displayed thereon. (15) "Temporary ground sign" means a sign which rests upon the ground, which is of either "A" frame or "T" construction constructed of metal or oth- er noncombustible materials, and so designed as to be readily movable. No such sign shall exceed 12 square feet in area on each side. Subd. 2, Building Permits Required. It is unlawful to install, construct, erect, alter, revise, reconstruct or relocate any outdoor sign or structure, as defined in this part, in the city without first ob- taining apermit therefor as required by this part, except as provided in Subd. 3 of this section. Subd. 3. Exceptions, Permits need not be obtained (but the other provisions of this section shall be observed) for the fol- lowing types of signs: (1) A business sign, other than tem- porary ground signs, stating the name of the property or premises upon which displayed, or of the owner or lessee thereof,~or the proprietor thereof and the nature of his business; provided that the sign does not exceed 30 square feet in area and is not more than 8 feet from •top to bottom. Permits shall be required, as hereinafter provided; for all tempo- rary ground signs. (2) A sign not exceeding ten square feet in area, pertaining only to the sale, rental or lease of the premises upon which displayed. (3) A sign on residential property stat- ing only the name or the name and oc- cupation of the occupant, which sign shall not exceed two square feet in area. (4) A sign on property on which a public, charitable or religious institution is located, stating the name and na- ture of the occupancy and information as to the conditions of use or occupancy, or a sign on such property used by the institution as a bulletin board, which sign shall nat exceed 10 square feet in area. (5) A sign painted directly upon the outside wall of a building. (ti) A wall sign advertising the busi- ness located in the building upon which displayed, where such sign. is erected by the owner or proprietor of the business located therein. (7) An electioneering sign, but it shall be unlawful to permit any such sign to remain on any property for more than 14 days after the day of the election to which it relates. Subd. 4. Compliance with Zoning Regu- lations. All signs shall comply with the applicable zoning regulations of the city. No sign exceeding 10 square feet in area pertaining to the sale, rental or lease of the premises shall be located or main- tained on any residential or multiple residence property or on any property for which a multiple residence permit has been obtained without special tem-. porary permission of the council. 5pe- cial' temporary permits for signs in ex- cess of 10 square feet in area shall not be granted by the council for a period of more than 60 days nor shall any such special permit be renewed. Subd. 5. Licensing of Sign Installers. No person shall engage in the business of erecting signs, nor shall be entitled to receive a permit to erect a sign in. con- nection with such business unless he first is licensed by the council to do so. Subd. 6. Application and Fee, A li- cense may be granted by the council upon written application to the clerk, in such form as required by the manager, and accompanied by an annual license fee of Twenty-five Dollars' ($25.00). Subd. 7. Revocation and Renewal. A li- cense may be terminated and renewal thereof may be denied by the council for cause after notice to the licensee and reasonable opportunity for the licensee Subd. 5. Conditions Governing Issuance, The council shall not grant a permit for any of the uses enumerated in subdivi- sion 1 hereof unless it finds that the establishment, maintenance or operation of the use for which a use permit is sought will not under the circumstances of the particular case be detrimental, (1) to the health, safety, morals, com- fort, convenience or welfare of the per- sons residing or working in the neigh- borhood of such use, or (2) to the pub- lic welfare or injurious to property or improvements in the neighborhood. Subd. 6. Imposition of Conditions on Issuance. The council may impose con- ditions and require guarantees in the granting of use permits. Any, use per- mitted under the terms of any special use permit shall be established and con- ducted in conformity to the terms of such permit and of any conditions desig- nated in connection therewith. Subd. 7. Special Use Permit Time Limi- tations. Aspecial use .permit expires one year after it has been issued unless the use for which the permit has been grant- ed has commenced within such year or unless, upon written application of the owner of the affected land, the council shall extend the expiration date of such permit for an additional period, not to exceed one year. '3.42. Amendments to this Part; Proced- ure. Subdivision 1. Scope of this Section. This Part of Chapter III may be amended only in conformance with the procedures outlined in this Section. Subd. 2. Public Hearings. No zoning ordi- nance or amendment thereto shall be adopted until a public hearing has been held thereon by the council. Subd. 3. Notice of Hearing. A notice of the time, place and purpose of the hear- ing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hear- ing. Subd. 4. Mailing of Notice. When an amendment involves changeg in district '1-.-,--.hc>undaries affecting an area of five acres or less, a similar notice shall . be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 200 feet of the property to which the amendment relates. For the k purpose of giving mailed notice, the per- . son responsible for mailing the notice may use any appropriate records to de- termine the names and addresses of own- ers. Acopy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceed- ings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the pro- . ceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 5. Initiation of Amendment. An amendment may be initiated by the council or by the petition of the owners of not less than fifty percent of the land proposed to be rezoned and by the own- ers of at least fifty percent of the land within three hundred feet of the land proposed to be rezoned. Subd. 6. Petitioning Landowners not to Include Public Ownership. Properties owned by Federal, .state, municipal en- tities or other political subdivisions shall be excluded from any computation of the percentage of landowners necessary for rezoning petitions initiated by land- owners. Subd. 7. Vote Required. After the con. elusion of the hearings, ,the council _\ 3.47 Regulation of the Use of Signs and Billboards. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Sign" means a display board, bill- board, screen, structure, projection or part thereof, used to announce, declare, demonstrate, display or otherwise adver- tise and attract the attention of the pub- lic. (2) "Sign, Advertising" means a sign, the primary function of which is to di- rect attention to a product, service or activity that is sold or offered either elsewhere or upon the premises where such sign is located, or to which it is affixed. (3) "Sign, Directional" means a sign for the purpose of making specific com- mercial, industrial, or public and semi- public locations known and to assist in finding these locations. (4) "Sign, Identification" means a sign, the primary function of which is to identify a residential, commercial, indus- trial, or public or semi-public use lo- cated upon the premises where such sign is located, or to which such sign is affixed. Signs identifying commercial uses may, call attention to the product. service or activity that is sold or of- fered upon the premises. Signs identify- ing industrial uses may call attention to the product, goods or material which is produced, processed, assembled or stored upon the premises. (5) "Billboard" means an advertising • sign located off the premises where the advertised product is sold or offered. It is usually but not necessarily owned by an advertising company. (6) "Sign, Illuminated" means any sign upon which artificial light is di- rected or which has an interior light source. (7) "Sign, Flashing" means any i11um- inated sign on which the artificial light is not maintained stationary and/or con- stant in i :tensity and color at all times when such sign is in use. (8) "Ground sign" means a detached sign erected upon or supported by the ground and not attached to any build- ing. (9) "Projecting sign" means a sign other than a wall sign suspended from or supported by a building or structure and projecting out therefrom. (10) "Roof sign" means a sign erected upon or above the roof or parapet wall of a building or .structure. (11) "Wall sign" means a sign attach- ed to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall. (12) "Pedestal sign" is a ground sign erected upon a single post or shaft, or upon two posts or shafts that merge or touch at the base, or which are not more than 15 feet apart, center of shaft to center of shaft, with the display portion mounted on top thereof at least 7 feet above the surface of the street adjacent to the property on which the sign is lo- cated. No such sign shall have a sign area of more than 340 square feet on each side. Such sign may advertise only business located on the premises. No business property shall have more than one pedestal sign adjacent to each street upon which such business property. abuts; provided that on each street frontage of more than 100 feet one addi- tional pedestal sign may be established and maintained on such street frontage if such additional pedestal sign (a) is located on a single pole, (b) does not exceed 28 square feet in area on any side and does not .have more than two sides, (c) is .not more than 4 feet in width or 7 feet in height on the sign face, (d) is located at least 7 feet above the surface of the street. In lieu of one additional pedestal sign, two separate signs may be located on the same pole, but such two signs combined shall not exceed, in area or dimensions, the limi- to be heard on the question of such termination. Cause shall include any re- peated or persistent violation of the re- quirements of this part. Subd. 8. Bond Requirement, No license shall take effect until the licensee has filed with the clerk a bond with a cor- porate surety, in form, approved by the attorney, in the .sum of $1,000, condi- tioned that the licensee will pay all per- mit fees required by this part, will pay any fines imposed upon him for viola- tion thereof, will conform to all of the provisions of this part, and wild indemni- fy and hold the city, its officers, agents, and employees harmless from any dam- age or claim resulting from or related. to the erection or maintenance of any -- sign in the city by the licensee. Subd. 9. Duration of License. Licenses shall be issued on an annual basis, with the license year running from July 1 through the following June 30th. Subd. 10. Applications for Permits,,A~- , plications for permits shall be upon .forms provided by the inspection division and shall include the following`-~...."~ r`_~/ information: (1) The name, address and telephone number of the applicant. (2) The location of the building;: struc- ture or lot to which, or upon which, the sign is to be placed. (3) The position of the sign or other advertising structure in relation to near- by buildings, structures and streets or highways. , _ (4) Two blueprints or ink drawings of the plans and specifications and method ~" of construction and attachment to the building or ground, ~ (5) A copy of the stress sheets and f calculations may be required by the in- I Spector, on larger signs, showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this part and any other applicable law. (6) The name of the person, firm, cor- poration, or other organization erecting the structure, if not the applicant; or the name of the person, firm, corpora- tion or other organization on whose property the structure is to be located, if not the applicant. (7) The written consent of the owner of the property, if not the applicant. (8) A statement as to whether the sign will be illuminated or not: (9) A statement as to whether any I electric lights on tlhe sign will be "moving" or blinking. (10) A statement as to whether the sign will be single-faced, double-faced or multi-faced. (11) A statement as to whether or not the copy on the sign will be changeable: (12) A statement as to whether or not the copy on the sign will relate only to the business or activity conducted on the premises on which the sign is to be ~ located. Subd. 11. Annual Permit Fees. The ap- plication for a permit shall be accom- panied by the required permit fee, which is as follows: For .a sign not exceeding 100 square feet $5.00 For each additional 50 square feet or fraction thereof 2.00 The foregoing fees are in addition to any electrical and building permit fees re- quired by this code. Subd. 12. Waiver of Fees. The council may in its 'discretion waive the fee re- quired by this part where the signs are to be erected by civic or religious or- ganizations. Subd. 13. Maintenance Permits and Fees. It is unlawful to maintain any sign now or hereafter erected or constructed which would require a permit under the provisions of this part, without first ob- taining an annual "renewal" or mainte- nance permit; provided that no such permit is required for a sign advertis- ing the business or activity conducted on the premises on which the sign is lo- cated. Subd. 14. Annual Mairrtenance Permit, Application for an annual maintenance permit shall be made to the inspection division on forms supplied by the -city containing such information as may be required to show that the sign is being maintained (i) in a safe condition and in a state of good repair, and (2) in a manner in compliance with and subject. to the terms and conditions u~:~ler which it was issued. Subd. 15. Maintenance of Premises. Premises on w}:ich ground signs are lo- cated shall be maintained free of weeds and debris, a~,d where landscaping was part of the original sign permit, such landscaping shall be maintained in the manner provided in such permit; and failure to comply with this provision con- stitutes grounds for denial of an appli- cation for a maintenance permit. Subd. 16. Maintenance Permits -Annual Issuance. Maintenance permits are is- sued on an annual basis, with permits running from January 1 through the fol- lowing December 31. Subd. 17. Annual Maintenance Permit Fee. The application for the maintenance permit shall be accompanied by the re- quired permit fee, which is as follows: Type of Minimum Sign Rate Fee Billboard 7c per sq. ft. ~lt).00 Other Signs 2c per sq, ft. ~ 2.00 Subd. 18. Additional Conditions Govern. ing Issuance. If the chief inspector finds that the sign is being maintained in a safe condition and in a state of good re- pair, and in the manner and subject to the terms and conditions under which it was issued, he shall issue an annual mairtenance permit therefor. 3.48. Traffic Regulation and Sign Luca. ~°"t'ion. Compliance with the followin ; reg- bons relative to traffic control is re• 3. red: ing J No moving or flashing sign shall not crated or maintained within 50 feet not ko'~fersection at which traffic sema• Subc~~ A signoshalld be designed, located prop wined so as to be likely to ob- consi. conceal or cause confusion as Sion b. °fic control sign or device. proved n shall be located or main- mayor anu ~ over any public street or tained in the ~ of way unless specifical- signed copy sh., the zoning regulations viler. Receipt o. ''74~'-~r$`~F'~~Sn~it be no use of revolving beacons, zip flashers, flashing signs or similar devices that would distract auto- mobile traffic as to constitute a safety hazard. The illumination of any sign lo- cated near a residential district shall be riffused or indirect and located so as not to direct light on residences. No flash- ing sign shall be located in such close proximity to residences or residential property as to constitute a nuisance to persons residing on such property by reason of the flashing of the lights in such sign. (5} No sign shall be Iocated or main- tained so as to interfere with the abili- ty of drivers or pedestrians to see any crossroad or crosswalk. 3.49. Construction, Design, Location and Maintenance of Signs. Subdivision 1. All Signs; Construction, Design, Location and Maintenance. Ev- ery sign shall conform to the standards of this part whether or not a permit therefor is required, and nothing con- tained herein shall be construed as modi- fying or repealing any of the provisicns of this code relating to zoning. No sign shall be so located as to obscure or tend i.o obscure any existing sign. The following additional requirements are to be ol,served: (1) Each ground sign shall be securely built, constructed and erected on the ground. Temporary ground signs shall be so designed that they are not readily overturned. (2) No sign structure shall be attached or placed upon any building in such a manner as to obstruct any fire escape, or any window or door, nor shall any sign structure be ~ attached to a fire escape. (3) No sign erected before the pas- sage of this part shall be rebuilt, altered, or removed to a new location without being brought into compliance with the requirements of this part. (4) No swinging sign. shall hereafter be erected or hung on or attached to any building within the city, and every such sign so erected, hune, or attached prior to the passage of this part which is deemed unsafe by the chief inspector shall be immediately removed by the owner thereof; or changed to conform with the requirements of this part when so ordered by the chief inspector. (5) Where portions of a sign are sub- ject to different classifications, each por- tion shall meet the requirements of its classification. (6) Each sign requiring a permit shall have an identifying number to be pro- vided by the chief inspector, which num- ber shall be posted on the exterior sur- face of the sign structure in a location where such information will be readily visible after the sign is constructed. (7) All signs and sign structures shall be maintained in a safe condition and in a state of good repair at all times.. No sign shall display obscene matter. (8) Each sign shall be used and main- tained only in the manner permitted and subject to the conditions imposed at the time the permit therefor was granted. Subd. 2. Ground Signs. No ground sign, ;~. - ~~ -` OFFICTr~ i.CATt010 CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 17 signboard, or billboard shall exceed 27 feet in height above the average ground level of that part of the street toward which it faces, nor shall such structure exceed 65 feet in length (including the base thereof) unless a special permit therefor has been granted as hereinafter provided. Every ground sign, signboard or billboard except temporary ground signs shall have a space of at least 2 feet between the lower edge thereof and the ground; which space shall not be closed in any manner. Subd. 3. Special Permits. The council may grant a special permit for a ground sign, signboard, or billboard exceeding 65 feet in length, but only if it finds that such structure (1) will not be lighted or illuminated; (2) will be located on general commercial or industrial proper- ty and at least 200 feet from the street or highway which it faces; (3) will not be faced toward any residences or resi- dential property and will not be within 200 feet of•any residential properties; (4) will not unduly obstruct visibility of neighboring properties; (5) will bear only the name of the business or indus- try being conducted on the property on which it is located; and (6) will not ad- versely affect the value of any adjacent property. Subd. 4. Specia'I Permits -Height. The council may grant a special permit for a ground sign, signboard or billboard exceeding 27 feet in height, but only if it finds that such structure (1} if located on property adjacent to a federal free- way, will not exceed 35 feet in height or the highest part of any building lo- cated on the same premises, whichever is higher; (2) if not located adjacent to a federal freeway, will not 'exceed in height the highest part of any building located on the same premises; (3) will be located on industrial property; (4) will not be within 300 feet of any single family residence property; (5) will not unduly obstruct 'visibility from neighbor- ing properties; (6) will not in any event exceed elevation of 204, Richfield datum; and (7} will not adversely affect the value of any adjacent property. If the sign for which the special permit is is- sued is a double-faced sign the council may permit the sign to have screening standing not more than 10 feet above the face of the sign, in addition to the maximum elevations hereinbefore speci- fied; provided that such screening must .consist of a plain metal surface bear- ing no advertising matter, lettering or writing. Subd. 5. Application to Council for Per- mits. The council may attach conditions to the granting of any such permit; such permit shall be for a period of no more than five years. At the end of the per- mit period, the sign shall not be re- tained on the premises but shall be re- moved by the property owner unless a new special permit therefor has been granted. The applicant for any such structure shall describe the sign, sign- board, or billboard in detail, including the copy to be used thereon, and such sign shall be constructed and maintain- ed, during the permit period, in accord- ance with and subject to the application and any special conditions imposed by the council. Subd. 6. Conditions for Special Permit. The council may attach conditions to any such special permit. No such permit shall be for a period of more than five years. At the end of the permit period, the sign shall not be retained on the premises but shall be removed by the property owner unless a new special per- mit therefor has been granted. The ap- plicant for any such structure shall de- scribe the sign, signboard, or- billboard, in detail, including insofar as possible the copy to be used thereon, and such sign shall be constructed and maintained during the permit period, in accordance with and subject to the application of any special conditions imposed by the council. - Subd. 7. Additional Conditions. The fol- lowing additional conditions shall be ob- served: (1) No ground sign (except temporary ground signs), signboard or billboard shall approach at any point nearer than 3 feet to any building unless- such sign is placed parallel to the side of the building; nor shall any such sign be placed within six feeb of the side of any lot, nor nearer than 15 feet to any street line where there is no established or customary building line, nor within 25 feet of any street corner right of way. Whenever the established or customary uniform building line upon the street where such ground sign is to be erected is more than 15 feet from the street or property line, then such sign shall not approach nearer the street than the es- tablished or customary uniform building line. (2) The owner, .lessee. or occupant of the land on which the ground sign is located, and the owner of the sign, shall keep the property on which the sign is located free of long grass, weeds or oth- er rank growth, rubbish or debris. (3) All parts of ground signs, other than temporary ground signs, shall be designed for wmd pressure of not less than 30 pounds per square foot, and ground signs of wood construction shall have all members which extend into the ground protected .from decay by treat- ment with a preservative approved by the chief inspector. (4) No permit shall be granted for the location of any ground sign having a sign area of more than 40 square feet, within 100 feet of any single-family resi- dence; provided that the council may grant a special permitt herefor if the owner of such residence gives his writ- ten consent thereto, (5) Pedestal signs permitted by the zoning regulations of the city and by this part may be located adjacent to the right of way of a street or highway, but no part thereof shall extend over such right of way. Subd. 8. Clearance of Signs from Elec- trical Conductors. The minimum clear- ance of any sign from unprotected elec- .. trical conductors (whether poles or other installations) shall be not less than 36 inches for conductors carrying not over 600 volts, and 48 inches for conductors carrying more than 600 volts. Subd. 9. Signs Along Freeways. Except as otherwise provided in this part, signs located on property adjacent to any free- way within the city (including Highways 35W, 494, 62 and 36) shall be business signs advertising businesses being con- ducted on the premises on which the signs are located. No "traveling" or changing-message signs shall, be located so as to face any freeway or be visible from the freeway. The provisions of this subdivision, however, shall not be con- strued to render illegal or nonconform- ing any signs which are legally located along. any such freeway at the time of adoption of this provision; any billboard legally located along any such freeway at the time of adoption of this provision may be replaced, subject to compliance with the other provisions of this part, either in the same location or at an- other location along any such freeway provided that such alternate location is first approved by the council. Subd. ~10. Special Commercial Uses. In addition to the signs permitted by the provisions of the foregoing subdivision 9, a motel, restaurant, hospital or shop- ping center located on property having frontage upon a freeway may have di- rectional signs on other property abut- ting upon a freeway if the council grants special permits therefor. The council shall not grant such a special permit unless it determines (1) that the sign is directional only, announcing an exit at the next intersection or interchange; (2) that it is impractical to put a business sign on the premises of the use adver- tised in such a way as to allow safe traffic turning movement, for reasons other than the fact that another sign has screened or blocked the view; (3) that the directional sign will not be big- ger than a sign regularly permitted for the use; (4) that the business sign on the premises being advertised is no more than 80 square feet in sign area; (5) that there is no other such directional sign on the same side of the freeway within 1000 feet; (6) that it is not prat- . ticable to give the same directional in- formation safely by other means such as a larger sign or a reduced setback or greater building height for -the activity or use involved; (7) that the design of the sign and the lettering thereof will be simple and easily read, containing not more than 3 or 4 words with no unnecessary decoration or pictures; (8} that the directional sign will not con. teal, obscure or dwarf legitimate uses, buildings or signs in .its vicinity, either because of location, size or design; (9) the directional sign will not detract from neighboring property or depreciate exist- ing development. Subd. 11. Application For Permit. The application for such a special permit shall be accompanied by such informa- tion as to establish the conditions neces- sary for the granting thereof. Subd: 12. Public Hearing. No such per- mit shall be granted unless the appli- cant has given all private property owners within 500 feet of the proposed directional sign written notice of the date, time and place at which the coup- cil shall hold a hearing on the question of granting such permit. Subd. 13. Projection Signs; Construction and Design. The following stanldards shall be maintained for all projection signs: (1) All portions of projection signs shall be designed for a wind pressure of not less than 30 pounds per square foot. (2) Such signs shall not project over public street right of way, but may pro- ject over sidewalks located on private property such as shopping center side- walks. No such sign shall be less than 12 feet above the level of the sidewalk; provided that such signs which do not exceed four square feet, and which do not project more than two feet over the sidewalk may be eight or more feet above the sidewalk. No projection sign .shall project beyond a curb line nor more than eight feet over any private sidewalk. (3) There shall be no more than two feet of space between the inner edge of any such sign and the face of the wall from which it projects, nor shall the outer edge of the sign be more than 8 feet from the face of the wall. (4) The building or structure from which any such sign projects and all attachments ~or fastenings must be so constructed as to safely resist the dead load and the wind load added by the attached sign. (5) All such signs shall be of non- combustible materials, or of n`ot less than one hour fire resistive construction. Subd. 14. Roof Sigrrs: Construction and Design. The following standards shall be maintained for all roof signs: (1) No roof sign shall be located near- er than five feet from the outside wall toward which ~ it faces, nor exceed 25 feet in height above the roof Level of the building unless constructed integral with the building or structure, nor shall it project beyond, the edge of said roof in any direction. For the purposes of this subdivision, lights attached. to the sign structure and lights attached to the building and beamed toward the sign structure shall be considered, part of the sign structure. (2) Every such sign shall be either metal, metal clad, incombustible, open wire or open metal sign, except that such sign may have letters, figures, charac- ters, or borders ~of wood if such borders do not. exceed four inches in width, and such wooden letters, figures or charac- ters do not cover more than 25% of the area of such sign, provided that in place of sheet metal, substitution may be made of the following materials; temp- ered pressed wood or other similar ma- terials approved by the chief inspector, having equal properties as to strength, fire and moisture resistance. (3) No such sign shall be so placed as to prevent free passage of persons from one part of the roof to another. (4) The building or structure upon which such sign is placed, and all at- tachments or fastenings must be so con- structed as to safely resist the dead load and the wind .load. added by the attached sign, and in such a manner as not to cause damage to the building or strut. ture on which such sign,is placed. (5) No roof sign shall be more than 65 feet in length nor shall it extend more than 25 feet above the surface of the roof of the building on which it is lo- _ toted. No roof sign shall extend more `~- ~ -- than 45 feet above the average ground level of that part of the street toward which it faces. Subd. 15. Wal'I Signs; Construction and Design. The following standards shall be maintained for all wall signs: (1) No wall sign shall have a projec- tion over a private sidewalk or an es- tablished building .line of more than 12 inches. (2) The materials, construction and at- tachment of any such sign shall meet the same standards and requirements as roof signs. Subd. 16. Banners and Temporary Signs. The following standards shall be main- tained for all banners and temporary signs: (1) Temporary signs and banners at- tached to any building and constructed of canvas, plastic material, cloth or oth- er combustible material- with or withuut framework, shall be strongly constructed and shall be securely attached to their supports. They shall be removed (includ- - ing all framework and supports) as soon as damaged or torn and in no case later than 60 days after erection. (2) Temporary signs of combustible material shall not be larger than 120 square feet in area for each twenty feet of building frontage. There shall not be more than one temporary sign on any building frontage. 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" p" '~mN~"b~cd'~cma•Ecoxmoa~ro~ p~~mc'° 'roc ro o; c,aro~.,mya' 'm yN~E N NNGrt04 anti ~K~ifl~yrrtrrm,N.~(pa•~ ~ o"N"v",wa 1 ~ ,~ , m .,, ~ `~ . gy m ___--,gig rp, i i ~:. _ ___ v -. -~,~ _ -vrr``,~-„t__,~BLI,CA:TION Ci•.~' OF, RICHFIELD-TH•E RIC~~:~.~1:D SUN.-,PA.GE-19- - ter courses and other existing features within the area to be subdivided. (2) The proposed location and width of streets, lots, buildings, and set back lines and easements. (3) Existing sanitary and storm sew- ers, water mains, culverts and other un- derground structures, within the tract or immediately adjacent thereto. The loca- tion and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat. - (4) The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract. (5) The names of all adjoining subdi- visions or a description of unplatted areas and the layout of their streets. (6) The council may require acon- tour map to be made, having contour intervals of not more than two feet. __~__ (7) North point, seal and date. (8) Plans or written and signed state- ments regarding the width of all types of pavement, location, size and type of sani- tary or other sewerage disposal facilities, water mains and hydrants or other utili- ~-~ Yvs~- improvements ~ sucn° as 'ng and parks and grad•• ~_ ~ts. Preliminary plans the above data will the council. res for Approval. Ap- iminary plans shall not ceptance of the subdivi- cil. One copy of the ap- nary plat, signed by the e manager, shall be re- ;` office of the engineer. One r'~~•~~; shall be given to the subdi- ~~ pt of this signed copy shall ~.., zation for subdivider to pro- ~ele4;,,,_.~Fh the preparation of plans and specifications for the minimum improve- ments required and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of any bond, the subdivider shall furnish the council with all plans, information and other data necessary for said improvements. The plans shall be examined by the engineer and-will be submitted for approval by the council if in accordance with the requirements of ~ this code. Tf approved, a contract will then be prepared setting forth the condi- tions under which the improvement will be accomplished, based upon the ap- proved plans and specifications for this work. Subd. 4. Additional Requirements. The following additional; requirements shall be imposed: (1) ,Surveys and plans shall be pre- pared in accordance with rules and regu- lations established by the engineer. De- tailed construction specifications ap- proved by the engineer shall apply to all items of work included in the improve- ment. (2) The subdivider or developer shall furnish estimates of the cost of the im- provements based upon bids or upon firm prices from cpntractors. Following the posting of a bond equal to one and one-half times the estimated cost of the work and the signing of the contract doc- uments,. work on construction may be started. (3) Any and all costs to be borne by the city or any costs to be paid for by special assessment against property ben- efitted, shall be specifically outlined in the contract documents. 3.60 Final Approval of Plats. Subdivision 1. Submission to Council. The final plan on tracing cloth and four prints thereof, together with four copies of any deed restrictions when such are too lengthy to be shown on the plat or plan, and three prints of the certified plans showing the improvements as built or as they are to be built within the subdivisions shall be submitted to the council. Before approving the final plat or plan of all or part of a proposed sub- division, the council will require proof that the improvements and revisions thereof required have been satisfactorily completed or their construction secured by contract and bond. The final plat ac- cepted shall cover only that part of the subdivision upon which all improvements have been completed or secured. Subd. 2. Contents of Submission. The fi- nal plat shall show: (1) The boundary lines of the area be- ing subdivided with accurate distances and angles or bearings; all section Lines, and the names of all adjoining suadivi- sions or a description of unplatted areas and layout of their streets. (2) The lines of all proposed streets and alleys with their width and names. (3) The accurate outline of any prop- erty which is offered for dedications for public use. (4) All lot lines and an identification system for all lots and blocks. (5) Building lines and easements for rights of way provided for -public use, services, or utilities with figures show- ing their dimensions. (6) Ali dimensions- both linear and an- gular, necessary for locating boundaries of subdivisions, lots, streets, alleys, ease- ments for building lines and of any other areas for public or private use; the linear dimensions are to be expressed in feet and decimals of a foot. (•7) Monuments of iron pipe not less than three-fourths of an inch in diameter and two feet in length shall be placed at all street corners, and at all changes in alignment in street lines. The monuments shall be shown on the plat with the dis- tances between them and with sufficient curve data plainly marked. (8) Name of subdivision, points of compass, scale of plan and name of own- er or owners or the subdivider. (9) Private restrictions and trustee- ships and their periods of existence. Should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat and the book and page number referring to the instru- ment shall be added to the plat after the restrictions or trusteeship have been re- corded. Plats shall contain proper ac- knowledgements of owners and the con- sent by the mortgagee to said plat and restrictions. (10) The surveyor's certificate, which contains the description of the land in- cluded in the plat and all necessary ex: planations of dimensions and references to monuments to supplement the figures on the plat itself. (11) An acknowledgement before a no- tary as to all signatures required. (12) Attorney's approval of title. 3.61 Public Hearings -Preliminary and Final Plats of Subdiivisiob, Whenever a copy of a preliminary or final plat or subdivision is filed with the city for approval, published notice shall be given of a public hearing to be held not less than 10 days thereafter, in the official newspaper of the city. At such hearing, all persons interested therein may be heard and the council may there- 'after approve or disapprove the plat or subdivision. Such approval or disapproval shall be given not more than 60 days af- ter the filing of any final plat or subdi- vision with a formal request for its ap- proval. Failure to act within 60 days shall be deemed approval. The grounds for any refusal to approve a plat or sub- division shall be set forth in the proceed- ings of the council and reported to the person or persons applying for such ap- proval. Plats and subdivisions, after ap- proval, may then be recorded as now pro- vided by law. 3.62. Miscellaneous Requirements. Subdivision 1. Filing of Plats. Three copies of surveys of land subdivided by metes and bounds and one copy of regis- tered plats shall be filed with the engi- neer upon approval by the council. Subd. 2. Deeds to City. Land for streets shall be deeded to the city in accordance with the provisions of this code when land is subdivided by metes and bounds or registered land survey. No grant of a public street to the city by deed shall be- filed without the approval of the council by adoption of a resolution to that effect. Subd. 3. Recording of Plats, All plats when approved by the council shall be filed within 30 days unless an extension of time for filing is granted by the council upon good cause shown, within said 30- day period. Unreasonable delay in the filing of any subdivision or plat after approval by the council shall be grounds for revocation of approval. Subd. 4. Vacation of Various Parcels. The council may direct the vacation of any publicly owned utility easements or boulevard reserves or any portion there- of, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes in the same manner as provided in Chapter 12, Sec. 12.04. 3.63 Administrative Rules. The engineer shall prepare instructions and rules for the administration of this part so that the public will be informed and that approval of subdivisions and plats wild be expedit- ed. Any and all such regulations shall be in conformity to Minnesota Statutes 462.351 to 462.364. All applications for sub- divisions of land as defined in this code shall be made at the office of the engi- neer, and his recommendation shall ac- company each such application at the time of its presentation to the council for approval. CHAPTER III PART VII. PLANNING AGENCY 3.68. Establishment. Subdivision 1. Creation by Ordinance. Pursuant to Minnesota Statutes 462.354, Subd. (1), there is hereby created a city planning agency. Subd. .2. Commission Form Shall '+e Used. The agency created in subdivis: ,n 1 of this section shall operate as a plan- ning commission. This commission may be provided with a staff which shall be' a part of the administrative structure of the city. The commission shall serve di- rectly in an advisory capacity to the council. Subd. 3. Composition of Commission. The commission shall consist of eight (8) members to be appointed by the council to serve terms of office as established by the council. The commission shall also have four (4) ex-officio members including the manager, the Superinten- dent of Schools for Independent School Ihstrict No. 280, one (1) councilman and one other representative of the Board of Education of Independent School Dis- trict No, 280. Subd. 4. Council May Promulgate Addi- tional Powers and Duties. In addition to the powers and duties prescribed in this section and other applicable provisions of law, the council may promulgate such additional powers and duties for the plan- ning commission as it shall deem advis- able. Subd. 5. Dismissal of Commission Mem. bens. Commission members shall serve at the pleasure of the council. The coun- cil may dismiss appointive members of the commission at its discretion with or without cause: Subd. 6. Powers and Duties of the Com- mission, The planning commission shall have all of the powers and shall under- take all of the duties ascribed or imposed by Minnesota Statutes 462.351 to 462.364. The commission shall exercise these pow- ers and acquit these duties with diligence and efficiency. CHAPTER III PART VIII. ORDINANCE VIOL~}'1'IONS - BUREAU 3.73 Authorization for Establishment of Ordinance Violation Bureau. Subdivision 1. Definitions. The following terms shall have the meanings ascribed to them in this section: (i) "Bureau" means the ordinance vi- olation bureau established in this chapter. (2) "Ordinance" means any enact- ment of the city either contained in this code or codified as a special ordinance. Subd. 2. Authorization Pursuant to Stat- ute. The provisions of this chapter con- stitute an authorization by the city for the establishment of an ordinance violations bureau pursuant to authority granted it in Minnesota Statutes Chapter 493, Subd. 3. Operations of Bureau, The bu- reau when established by court rule shall assist the duly established court or courts, in the city in disposing of violations of the provisions of this code and all subse- vuent amendments or additions and any other ordinances not contained herein re- lating to the following subject matters: (1) Building construction, operation and maintenance; (2) Fire and fire prevention; (3) Public health and sanitation; (4) Zoning. Subd. 4. Requirements for Operation. The following additional requirements and conditions shall be observed: (1) The court upon proof furbished it of the adoption of this section is author- ized to designate a person to head the bureau and to provide for such other personnel as may be necessary, all con• sistent with the requirements of other applicable law and the city charter. (2) Upon the adoption of this chapter the city shall provide necessary space and other facilities for the operation of the bureau if such bureau is to be ph,ysi- tally established within the city. (3) The hours for the operation of the bureau if located within the city- shah be the same as the normal operating hours of the city offices subject to change from time to time as necessary to con- form to changes in the normal hours of operation of the city offices or to con- form to the directives of the court. (4) The c}ty shall upon the effective date of the operation of the bureau ap- propriate monies for its establishment and operation, if necessary. (5) The bureau shall maintain a rec- ord of all cases of violators brought be- fore it, including the final disposition thereof, and any fines or other monies collected shall be disposed of as if guilt had been determined by the court. (6) The bureau shall also keep and maintain all other books and retards as shall be prescribed by the court and nec- essary to the efficient operation of the burea~~. Subd. 5. Notice Provisions. The chief ir..- spector of the inspection division, t h z health officer or sanitarian, and the fire marshall ~.' the city and such other offi- cials and personnel as the chief inspec- tor, health officer or sanitarian, and fire marshall shall designate shall have the power to serve written or printed notice upon persons charged with violations of those provisions enumerated in subdivi- sion 3 herein, and shall further have the power to post such notices at the places of violation. Subd. 6. Limitation on Power. Nothing contained in this chapter shall be con- strued to authorize any official designated in subdivision 6 to arrest or take any violator into custody except when done by a duly authorized peace officer upon due procedure. CHAPTER IV CHAPTER IV - REGULATION OF STREETS, PUBLIC WAYS, GROUNDS AND PLACES 4.01 Regulation of Littering Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section. (i) "Aircraft" means any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" includes helicopters. and lighter-than-air dirigibles and balloons. (2) "Authorized Private Receptacle" means a litter storage and collection re- ceptacle as required and authorized by Subdivision 2 of this section. (3) "Commercial Handbill" means any printed or written. matter, any sam- ple or device, dodger, circular, leaflet, pamphlet, paper booklet, or any other printed or otherwise reproduced original or copy of any matter of literature: (a) which advertises for sale any merchandise, produce, commodity, or thing; or (b) which directs attention to any business or mercantile or commercial es- tablishment, or other activity, for the purpose of either directly or indirectly , promoting the interest thereof by sales; or (c) which directs attention to or ad- vertises any meeting, theatrical. perform- ance, exhibition, or event of any kind, for which an admission fee is charged for• the purpose of private gain or profit; but the terms of this clause do not apply where an admission fee is charged or a collection is taken up for the purpose oP defraying the expenses incident to such meeting, theatrical performance, exhibi- tion, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good mor- als, public peace, safety and good order; provided however that nothing contained in this sub-paragraph authorizes the hold- ing, giving or taking place of any meet• ing, theatrical performance, exhibition, - -.-..... - or event of any kind, without a license, where such license is or may be required by any l.aw of this State, or this code; or (d) which, while containing reading matter other than advertising matter, is predominantly and essentially an adver- tisement, and is distributed or circulated for advertising purposes, or for the pri• vate benefit and gain of any person so engaged as advertiser or distributor. (4) "Garbage" means putrescible an• imal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. (5) "Litter" means garbage, refuse and rubbish as defined herein and alt other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. (6) "Newspaper" means any newspa- per of general circulation as defined by general law and any newspaper duly en- tered with -the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, does mean and include any periodical or current magazine regularly published with not less tan four issues per year, and sold to the public. {7) "Non-commercial handbill" means any printed or written matter, any sam- ple, or device, dodger, circular, leaflet, , pamphlet, newspaper, magazine, paper, booklet, or any other printed or other- wise reproduced original or copy of any type ~of literature not included in the def- PAGE 20-THE RICHFIEL~ N-OFFICIAL PUl1Lt~ATION CCITY OF RICHFIELD inifions_ of a commercial handbill or newspaper contained in this section. (8) `Park" means a park, reserva- tion, playground, beach recreatiott cen- ter or any other public area in the city. owned or used by the city and devoted to active or passive recreation. dwellingPhouse, building,r~o other strut ture; designed or used either wholly or whether inhabited or temporarilyuor con- tinuously uninhabited or vacant, and in- cludes any yard, grounds, walk,. drive- way, porch, steps, vestibule or mailbox belonging or appurtenant to such dwell- ing, house, building, or other structure. sidewalksuboulevards,~ alleyssorstother' public ways and any and all public parks _squares, spaces, grounds and building (11) '`Refuse" means all putrescibl. and nonputrescible solid wastes (excep body wastes), including garbage, rubbish trash, ashes, street cleanings, dead ani mats, junl~, abandoned automobiles, an solid market and industrial wastes. solid was esbconsisting of bothpcombub~e ble and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass, bedding, crockery and similar materials. (13) "Vehicle" means every device in, upon, or by which .any person or prop- erty is or may be transported or drawn exclusively h upon lnstat onaryeV rallsusod tracks. Subd- 2. Litter in Public Places. No per- son shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public !e- ceptacles or in authorized private recep- tacles for collection. Subd- 3. Placement of Litter in Recep. tacles. Persons placing litter in public re- ceptacles or in authorized private recep- tacles shall do so in such a manner as to prevent it from being carried or deposit- ed by the elements upon any street, side- walk or other public place or upon pri- vate property. Subd- 4. Sweeping Litter Into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumu- lation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupy- ing property shall keep the sidewalk in front of their premises free of litter. Subd- 5. Merchants' Duty to Keep Side. walks Free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private side- walk or driveway. Persons owning or oc- cupying places of business within the city shall keep the sidewalk in front of their business premises free of litter. Subd- 6. Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city„or upon pri- --- -vote property. Subd. ?. Trvek Loads Causing Litter. No person shall drive or move any truck or other vehicle within the city unless such vehicle is equipped with covers or is so constructed as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public ,place. No person shall drive or move any vehicle or truck within the City, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky sub_ stances, litter or foreign matter of any kind. Subd. 8. Litter in Parks. No person shall throw or deposit litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposit- ed by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person re- sponsible for its presence and properly disposed of elsewhere as provided herein. Subd- 9. Litter in Lakes and Fountains. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body. of water in a park or elsewhere within the City. Subd- 10. Throwing or Distributing Com. mercia.l Handbil'Is in Public Places. No person shall throw or deposit any com- mercial or non-commercial handbill in or upon any public place, nor shall any persoa hand out or distribute or sell any commercial hapdbill in any public. place; provided, however, that it shall not be unlawful in any sidewalk, street or other public place within the City for any per- son to hand out or distribute, without cha~'ge to the receiver thereof, any non- commercial handbill to any person will- ing to accept it. Subd. 11. Placing Commercial and Non. Commercial Handfills on Vehicles. No person shall throw or .deposit any com- mercial or non-commercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or dis- tribute without charge.to the receiver thereof, anon-commercial. handbill. to any occupant of a vehicle who is willing to accept it. s. Subd. 12. Depositing Commereia'1 a n d e Non-commercial Handbills on Uninhabi• t ted or Vacant Premises. No person shall throw or deposit any commercial or non- - commercial handbill in or upon any pri- g vote premises which are temporarily or continuously uninhabited or vacant. Subd- 13. Prohibiting Distribution of Handbills Where Properly Posted. No person shall throw, deposit or distribute any commercial or non-commercial hand- bill upon any private premises, if re- quested by anyone thereon not to do so; or if there is placed on said premises, in a conspicuous position near the en- trance thereof, a sign bearing the words: "No Trespassing," "No Peddlers , or Agents," ` No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such prem- ises. a NonbComme Di Iri HancFbi I m ' s at Inhab ted Private Premises. No person shall throw , deposit or distribute any commercial or non_commercial handbill in or upon pri- vate premises which are inhabited ,. ex- cept by handing or transmitting a n y such handbill directly to the o wner, oc- cupant, or other person then present'in or upon such private premises. Provided; however that in , case of inhabited pri- vate premises which are not posted as , lessvrequest d bysanyone u s pon uch prem- ises not to do so, may place or deposit any such handbill i n or upon such in- habited private premises, if such hand- bill is so placed or deposited as to secure or prevent such handbill from being blown about such premise s or sidewalks streets or other public places and exce , p that mailboxes may not be so used whe so prohibited by federal postal law or regulations. The provisions of this secti on do not apply to the distribution of mai by the United State s, nor to newspaper as defined in this section. Newspaper shall b e placed on private property in such a manner as to prevent their being i carr ed or deposited by the elements up- o n any street, sidewalk or other publi place or upon private pro ert p y. Subd- 15. Dropping Litter From Aircraft No person in an aircraft shall throw out drop or deposit within th Cit e y any litter handbill, or any other object. Subd- 16. Posting Notices Prohibited No person shall post or affix any notice, poster or other paper or device, calcu- lated to attract the attention of the pub- lic, to any lamp post, public utility pole or shade tree, or upon any public struc- ture or building, except as may be au• thorized or required by law. Subd- 17. Litter on Occupied Private Property. No person shall throw or de- posit litter on any occupied private prop- erty within the city, whether owned by such person or not. The owner or person in control of private property may main- tain thereon private receptacles for col lection in such a manner that litter will be prevented from being carried or de- posited by the elements upon any street, sidewalk or other public place or upon any private property. Subd. 18. Owner to Maintain Premises Free of Lifter. The owner or person in control of any private property, whether occupied or vacant, shall maintain the premises free of litter. This section does thoriiedhprivateereceptaclesf for tcollection. Subd- 19. Litter of VaeaM' Lots. No per- son shah throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. Subd- 20.- Liability of Merchant. Any merchant who .advertises his goods, wares, or merchandise ,by causing adver- tising material to be thrown or deposited in violation of the provisions of this sec- tion. shall be guilty of violating this sec- tion along with the person so throwing or depositing the material. Subd- 21. Prohibited. Acts Constitute inuthis section areohereby declared toltbe nuisances and the proper city officers and employees are authorized to proceed to abate such nuisances in accordance with the procedures provided in Section 10.08 of Chapter X of this code. 4.02. Benches, Shelters and Outdoor Tel- ephone Booths on Public Walks a n d Places. Subdivision 1. Purpose of Section.. It is the purpose of this section to regulate the placing and maintenance of courtesy benches, shelters and outdoor telephone booths upon the public streets of the city. Subd- 2. Definitions. The followi n g terms have the meanings ascribed to them in this section: (1) "Courtesy bench" is a bench placed upon a public street by a person other than the city designed for the conveni- ence of the general public and construct- ed and used as an advertising device. Subd- 3. Scope of .Application. It is un- lawful for any. person to place a courtesy bench, shelter or outdoor telephone booth upon a public street. or other public way subject to the control of the city pursuant to Minnesota Statutes 160.27 subdivision 2 without first having been granted , a permit as provided in subdivision 4 of this section. Subd- 4. Permits and Application. Ap- plication for permits shall be made to the Chief Inspector. The application shall be made upon forms prescribed by the Chief Inspector and shall contain the fol- lowing information: (1) Location of the bench, shelter or outdoor telephone booth; (2) Name and address of applicant; (3) Detailed plans and specifications of each proposed bench, shelter or booth including the general nature of adver- tising matter to be posted thereon; Chief ]nspectorh maynrea oanably requiree Subd. 5. Consent of Owners and Les- sees. Each application shall be accom- panied by written consent, in a form prescribed by the Chief Inspector, of the owners or lessees of the property abutting the street where the bench is to be located. _ Subd. 6. Conditions Governing Issuance t erne he issuance oflawlicensenpursuantoto n this section: 1 (1) A separate permit is required for each bench, shelter or booth to be con- s strutted, but ermits ma be s for more than one location on ther basis of. a single application provided the Chief Inspector is satisfied that all the infor- mation required by subdivisions 4 and 5 c has been obtained for each proposed bench, shelter or booth. (2) If a bench, shelter or booth for which a permit has been issued is sold or title or control thereof is transferred or assigned, anew permit -shall be re- quired for its maintenance. ° (3) Permits expire, unless. renewed, on the first day of January next following the date of issuance. (4) No permit may be issued for the installation of benches, shelters or booths in the following places: a. in an alley; tan a frminatlie facelof theecurbhto the inside sidewalk line is less than eight feet; c. at any location distant more than 50 feet from the nearest point of inter- section with a street unles the Chief In- spector directs a change of location. Subd, 7. Permit .Fees. The permit fee is $6.00. The -fee for renewal of a permit is $5.00. Subd- 8. Bond Requirements, Applicants o i h r ma ntain with the council a bond or policy of public liability insurance a Attorney conditionedpas f ll y e o ows That th permit holder will indemnify and e sav harmless the city, its agents, officers and employees from any and all loss, costs, damages, expenses or liability which may result from or arise out of the granting of such permit or th i e n- stallation or maintenance of such bench or benches, shelters or booths for which pointy tort whichs such ben h f s e c or benches shelters or booths may be moved withi n the city with or without the co nsent of the permit holder, and further that the per- mit holder will pay any and all loss or damage that may be sustained by any person as a result or which may be caused by or arise out of such installa- tion or maintenance. The bond or insur- ance shall be maintained in its original amount by the permi{ holder at his ex- pense at all times .during the period for which the permit is in effect. When ~ two or more permits are issued to one ~ . may beo furnished oto covers two or more benches, shelters or booths, and each bond or policy shall be of a type in which coverage is automatically restored upon occurrence of any accident or loss from which liability may thereafter accrue. ~-i Subd. 9. Liability Limits. The limit of liability upon the bond or policy of in- surance required by this section is $25,000 for a loss, bodily injury to or death oc- curring to any one person or arising out of any one accident. an ebdif10hePChiefsInspectoraisasatisfied thist selction haveobeen metnandethatdthe .erection and maintenance of the bench, shelter or booth at the proposed location will not restrict pedestrian traffic or ~h.- erwise be detrimental to public safe} -- he shall approve the application an ° ward it to the City Manager. Subd. 11. Review by City MafSager. If upon review of the application the City Manager is satisfied that all of the condi- been omplied twithl and lthateerection of the bench, shelter or booth will not vio- late any of the provisions of this code or endanger the health, safety, order; con- ~. venience or general welfare of the city, ~ ~ he shall approve the application. Upon approval of the application by the man- ager and payment of the fees requirecY"~r issue the permit requested. by subdivision 7, the Chief Inspector shall Subd- 12. Renewa'I of Permits. At least 30 days prior to the expiration of any permit issued tinder this code, the per- mittee may apply for renewal of the per- mit. If there is no change in the con- struction location or advertising con- tent and if consent of abutting owners or lessees has not been withdrawn, the miplim y bealre ssuedr by thed Chief pIn- spector upon payment of the renewal fee specified in subdivision 7. If there is a change in any of the information re- quired for the original application for the - permit, the application for renewal shall be approved and issued as an original permit. The Chief Inspector shall promptly notify the permittee of a with- drawal of consent filed with him by any abutting owner or lessee. Subd- 13. Revocation of Permit. The City Manager may revoke or deny renewal of any permit for failure to comply with resent tion of material facts in the origi- nal application, or for any reason which would have been grounds for de- nial of the original application. Subd- 14, Installation and Maintenance of Benches, Shelters and' Booths. (1) Courtesy benches shall be installed parallel with the curb and set back at least 18 inches from the face of the curb. Size limitations on courtesy benches are as follows: (a) Height - 42 inches maximum (b) Width - 30 inches maximum (c) Length -Seven feet maximum display the permit umber inbaoconspicl uous place. (3) It shall be the responsibility of the erroritbooth inaa tsafeecondbt onhandeto keep benches, shelters and booths in a neat, clean and usable condition. The permittee shall insure that the. bench shelter or booth is kept free of ice and snow and is kept accessible at all times. (4) Advertising matter may be dis- played only on the front and rear sur- faces of the backrest of a bench. Ad- vertisements for liquor or beer, politi- cal advertisements and obscene, immor- al or indecent advertising matter is pro- hibited on all benches, shelters or booths. Advertising matter is subject to the ap- proval of the City Council. bench, shelterv ortiboo~h may display the words "Stop", "Look" "Drive In", "Danger" or any other word, phrase or symbol which might interfere with, mis- lead or distract traffic. Subd. 15. Rerhoval of Berrehes, Shelters or Booths. TJpon the revocation or ex- piration of any permit without renewal, shelterrorlbooth prolmptly~ The Chief Ind Spector raay remove the bench, shelter or booth after ten days mailed notice to the permittee and the costs of remov- ~_ .._~ -.~.. -~ _ -~ ---- ~-,-_ _ x~ - ---- ~ ~~ _~ --- • OFfIC1Al PUBLtGATIOti CTY OF RICWFFEtrD-THE RiGWF1ELD SUN-PAGE 21 ._ , _,~ ,~ ._ +-Y ~~ 11 1 `~'- 11 be paid by the permittee. If the ittee fails to pay such costs within ays after receiving notice from the of Inspector, the bench, shelter or nth shall become the property of the y, but the permittee shall remain lia- for the cost of removal and storage the bench, shelter or booth. Subd. 1. Summary Removal. Any bench, shelter or booth placed upon a public street in the City .contrary to the pro- visions of this section may be summari- ly removed by the Chief Inspector, pur- suant to Minnesota Statutes Section 160.27, Subd. 6. Subd. 17. Registration of Permits Ob- tained from Other Road Authorities. Whenever a courtesy bench, shelter, or outdoor telephone booth is placed within the city within the' limits of a street or roadway subject to the control of a road authority other than the city as defined in Minnesota Statutes. 160.02 such person placing the bench, shelter or booth shall file proof of the procurement of a per- excavations must be plainly marked at all times with red flags and protected when work is not actually in progress with barricades or railings, and at night by lanterns or electric flashing devices. Pipes or mains exposed to frost or freez- ing temperatures shall be protected in such manner as will prevent freezing of in emmfy the city for any and aIl dam• water therein. In addition to the penal- ties prescribed herein, any person re- sponsible for exposing a city main which shall be damaged by freezing, whether freezing temperature be foreseem or not, shall be liable to the. city for all dam- ages caused by such freezing, and shall 'd ages sustained by others on account thereof for which the city may be liable. Subd. 10. Refilling Excavations. Street openings shall be refilled promptly after completion of tapping or other work, and all the earth must be replaced in the trench and thoroughly paddled ortramp- ed, and the'surface of the street shall be restored to and maintained in as good order as it b f ~ _ ad,a ... _ ,~~vvith ` -was a ore excavation to , _,;t)8e, satisfaction of'the engineer. All flirt rr- ~•- ~ a'rid • debris. •#rom such work must be re- hi avatio~, moved immediately from the Public the street. An P y person or ersons who shall ao peril. It is unlawful for neglect to comply with the requirements to make an excavation in of this section within 24 hours after } cy alley within the city for notice from the city shall be liable to e t ' f installing water mains, stea the city for the full cost incurred by th it i y ~` m or gas mains, or e c y n restoring such excavated por• ~u. electric conduits for any tions of said street to proper condition ' a'~,of se without having first ob- . fl such excavation shall have been made ermit -for the excavation from by a licensed plumber such cost shall for of Public Works. A permit , be an obligation collectible from the ,.t-~-, owever, required for any street surety on his bond. ,,~-~..,~,.on made under a contract with '~ ~.9 or made by the city itself. -..~,,, "~~._ 2, Applications and' Regulations. The Director of Public Works shall pre- , pare the necessary application forms for permits required by subdivision 1, and shall also prepare such rules and regu- lations with respect to excavations as are necessary to protect the public from injury, prevent damage to public or pri- vate property, and minimize interference with the public use of streets and alleys. Subd. 3. Permits Required. Permits for street excavations shall be in writing, and the permit shall be kept on the site of the work while it is in progress in the custody of the individual in charge. Permits shall be displayed upon request made by any city official or police of- ficer. Subd. 4. Permit Fees. The permit fee is $5.00 for each location covered by the permit. Each transverse excavation and each 300 feet or portion thereof of Iongi- tudinal excavation is deemed a location. Subd. 5. Completion and Abandonment of Work. Work on any excavation shall pro- ceed in an expeditious manner in order to avoid unnecessary inconvenience to the public. If work on any excavation is not performed in accordance with ap- plicable regulations, or is abandoned, the city may, after six hours notice to the permittee, fill the excavation and repair the street or alley, and in such event the cost of such work by the city shall be the liability of and shall bE paid by the permittee. tees shall file with the director o Ppublic works a corporate surety bond in .the amount of $5,000 conditioned that the permittee will: (1) Perform work in connection with the excavation in accordance with ap- plicable ordinances and regulations; (2) Indemnify and hold harmless the city from all damage caused in the exe- cution of such work; and ages) sufferedyby the Icitysby reasona of the failure of the permittee to observe the terms of this ordinance or because of negligence in the execution of the work. 7'he bond shall be approved as to form and legality by the attorney. Subd. 7. Exception -Bond Requirements. The bond prescribed by the preceding paragraph is not required of licensed and bonded plumbers or gas or heating contractors; or of a public utility cor- poration. Subd. 8. Other Permits. The permits re- quired in this section are in addition to utility connection permits required by any other section of this code. Subd. 9. Excavations -General Regula- tions. Street openings shall be made in a manner that will occasion the least inconvenience to the public; provisions must be made for passage of surface water along the gutters and one-half of the traveled portion of the street must be at all times in good and safe condi• tion for passage of vehicles: All open Subd. 11. Hazardous Excavations, If an excavation for building purposes is left open for more than six (6) months with- out any activity towards the completion of the building, or if any excavation or basement is not filled to grade or other- wise protected after a building is de•. stroyed, demolished or removed, the council may order the filling, satisfac- tory protection of the excavation or, in the alternative, the immediate initiation or resumption of the erection of a build- ing thereon. Subd. 12. Service of Order, Any such order issued by the council shall be served upon the owner or his agent in the manner provided for the service of a civil summons, or in lieu thereof, if the owner or suitable agent cannot be found, by posting the order oh the ex- cavation site and by four (4) weeks pub• lication in the official newspaper of the city. Subd. 13. Non-Compliance, If upon valid service of any order issued pursuant to subdivision 12 of this section, the owner shall fail to comply within 15 days of service of the order, the city shall- cause the excavation to be filled to grade or protected and charge the cost of the work against the real estate as a special assessment in the manner provided by Minnesota Statutes Section 463.21. 4.04. Construction of Driveways, Side- walks, Curb and Gutter. Subdivision 1. Permit Required. It is un- lawful for any person to construct, re- move or repair any driveway, sidewalk curb, or curb and gutter within a public street or way in the city without first having obtained a permit from the di- rector of public works. A permit is not required for such work done under con- tract with the city or done by the city itself. Subd. 2. Application for Permit. Applica- tion for a permit required by subdivi- sion 1 shall be made in writing to the director of public works on forms pro- vided by him. The application shall con- tain the following information: (1) Name of the owner of the adjacent- property in whose name the application is made; (2) Location of the sidewalk, curb, curb and gutter, or driveway proposed to be constructed, removed or repaired; (3) Name of the person who is to per- form the work. Subd. 3. Permit Fee. The permit fee is $5.00. Where a survey and the setting of grade stakes must be performed by the city, the permit fee is $25.00. Permits ex- pire one year after issuance. Subd. 4. Bond Requirements. Permittees shall file with the director of public works a corporate surety bond in the amount of $5,000 conditioned that the permittee will: accordan eo with o appli ableh o d aces and regulations; (2) Indemnify and hold harmless the city from all damage caused in the exe- cution of such work; ales sufferedybynthe lofty by reason of negligence in the performance of the work; and (4) Maintain said driveway, curb, curb and gutter, or sidewalk. free from all defects resulting from improper materi- als or workmanship for a period of two years from completion of the work. Subd. 5. Contractors -Bond Require- ment. Any person engaged in the busi- ness of constructing driveways, side- walk, curb and gutter may file with the manager a corporate surety bond in the amount of $10.000 conditioned as pro- vided in subdivision 4 of this section. While such a bond is in effect, the prin- cipal shall be=deemed to have complied with subdivision 4 of this section. Subd. 6. Insurance Requirements. Per- mittees shall file with the director of public works a policy or certificate of insurance insuring the city in the amount of $100,000 against liability for any per- sonal injury resulting from work per-' formed under the permit. Subd. 7. Issuance of Permit, upon com- pliance with subdivision 2 through 4 and payment of the required fee, the direc- tor of public works slial1 issue the permit requested. Subd. 8. Driveways -Special Regulations. The following special regulations shall be observed in the construction of drive- ways: (1) No driveway from private proper- ty entering a public street may exceed 20 feet in width. Upon a showing of necessity and public convenience, the council may authorize a greater width. (2) Where a driveway is constructed over a public sidewalk, that portion of the driveway within the public street shall be paved with concrete in accord- ance with city specifications for side- walk construction. drive aq constru tionlnthe curbsshall be returned to the sidewalk line in accord- ance with city specifications for curb construction. (2) Where a driveway is constructed over a public sidewalk, that portion of the driveway within the public street shall be paved with concrete in accord- ance with city specifications for side- walk construction. drive ayeconstru tion, the curbsshall be returned to the sidewalk line in accord- ance with- city specifications for curb construction. - (4) All driveways on private property within the city shall be surfaced with either concrete, bituminous surfacing, gravel, crushed rock or a similar ma- terial which will inhibit the blowing of dust from the driveway, or the erosion of soil onto public streets. Subd. 9. Duties of Director of Public Works. The director shall prepare and have available for inspection standard specifications for the construction, re- moval and repair of driveways, curbs, curb and gutter and driveways. All such work shall be performed in, accordance . with these specifications. Subd. 10. Inspection. The director of pub- lic works may provide for periodic in- spection of any work being performed under this section to insure compliance. 4.05. Driveways and Parking Areas Subdivision 1. Parking Areas -Permits. It is unlawful for any person to establish or make available any lot, tract, or par- cel of land or portion thereof as a park- ing area in any zone except the "R" district as defined in chapter III, or to permit any such land to be so used for other than single-family residence park- ing in any zone without first having ob- tained apermit as provided in subdivi- sion 2 of this section. No building per- mit may be issued pursuant to chapter III of this code for the construction of any industrial, commercial, business, trade, institutional, multiple residence, or similar building or structure unless adequate provision has been made for off-street parking, unloading and for the safe accommodation of vehicular and pedestrian traffic in accordance with subdivision 2 of this section and until the permit required by this subdivision has been issued. . Subd. 2. Application far Permits. Appli- cation for a permit required by subdi- vision 1 shall be made in writing to the director of public works on forms pro- vided by him. The application shall be accompanied by a plan of the property proposed to be used showing the follow- ing information: (1) The location and dimensions of all buildings or structures on the property; (2) The. proposed or .present use of such buildings or structures; (3) The area to be used for parking and for loading and unloading of vehi- cles; (4) The location of driveways or other vehicular access points connecting the area with any public street; (5) The location. or proposed location for barrier curbs and sidewalks; (6) Proposed parking areas and driv- ing lanes; (7) Proposed traffic flow; (8) Proposed traffic control devices or signs; (9) Location and size. of any proposed lights; (10) Type of surfacing to be used; (dl) Proposed drainage facilities; (12) Such other information reasonably required by the manager to insure that the proposed parking area will comply with all applicable provisions of this code and all standard specifications pre- pared under subdivision 8 of this section. Subd. 3. Permit Fee. The. permit fee is $5.00. Subd. 4. Adjoining Areas .Joint Appli~a- tion, Owners of two adjoining areas may join in an application for a single park- ing area. Subd. 5. Issuance of Permit -Council Action. Upon compliance with subdivi-. sion 2 of this section and payment of the required fee, the manager shall sub- mit the application to the council with his recommendations. If the council finds that the proposed parking area will ade- quately serve the purpose for which it is proposed and will not have an ad- verse effect upon the public safety or general welfare,. it shall issue the permit requested. Subd. 6. Conditions Governing Issuance, The council. may condition the issuance of a permit upon the prompt execution of contracts for construction of the park- ing area and the providing of such se- curity as it deems necessary to insure establishment of the parking area in ac- cordance with the plan approved. In de- termining whether or not to grant the application, the council shall take into account the following factors and any other relevant factors: (1) The adequacy of the space avail- able for the anticipated volume of traf- fic; (2) The volume of traffic and antici- pated volume of traffic in and around the area; (3) The safety with which motor vehi- cles can be driven onto the proposed area, parked, and driven off the area; (4) The adequacy of the provisions made for. pedestrian traffic in and around .the area; (5) The .adequacy of the distance be- tween driveways and intersections and other. driveways from the standpoint of channeling traffic; (6) The sufficiency and clarity of the traffic patterns and traffic control signs and devices on the area for vehicular and pedestrian safety; (7) The adequacy of the lighting and drainage on the area from the stand- point of eliminating health and safety hazards to persons and property. Subd. 7. Operation of .Parking Areas, It is unlawful for any. person holding a permit for a parking area to use the area or to, permit the area to be used in any -manner contrary to, the approved plan or contrary to the provisions of subdivi- sion 8 of this section. Subd. 8. Parking Areas; .Special Regu- lations. All parking areas established pursuant to a permit issued under this section shall comply with the following requirements: (1) A parking area adjoining or adja- cent to any residential or multiple resi- dence shall be effectively screened from such district by a fence, wall, or com- pact hedge, or a combination of these. Such screening shall be kept in good condition at all times, and shall be kept free from advertising matter. Such area shall have aside yard on the side. on which such multiple residence or resi- dence district is located, at least 15 feet wide, which shall be maintained free of parking, shall be landscaped, and shall be kept in a dust, mud and refuse-free condition at all times. Lighting on any such area shall be so placed as to re- flect light. away from any adjoining resi- dence or multiple residence .district as defined in chapter III of this code. (2) Parking areas and all. driveways and approaches thereto shall be surfaced with a high type flexible or rigid pave- ment. Sidewall~s shall be of concrete. Areas not used for driving, parking or PAGE 22-THE RICHFIELD SUN-OFFICIAL PUBLLCA~ON CITY,OF RICHFIELD pedestrian traffic shall be surfaced or landscaped and kept free of mud, dust and refuse.. (3) A concrete barrier curb shall be constructed on the perimeter of each such area. (4) Concrete curb and gutter, with curb returns, shall be constructed at all intersections and approach entrances. Sidewalks shall be constructed a l o n g building frontage. (5) Parking stalls shall be clearly marked and distinguished from driving lanes, and shall have either a concrete curb or a sidewalk at the front or side. (6) Traffic signs and devices shall be installed, airecting~traffic within the area and traffic entering or leaving the area. (7) Such area shall be so .graded and drained as to dispose of all surface wa- ter. Where necessary, proper storm drains shall be installed to carry ayvay storm water from the area surface. (8) Boulevards shall not be included in any such area. Boulevards shall be cross- ed by driveways or approaches only at approved points. Where necessary to pre- vent traffic from crossing at other than such approved points, barriers or barri- cades of an approved type shall be erected on or near the boulevard area. Subd. 9. Duties of Engineer. The engi- neer shall prepare standard specifica- tions; for the construction, marking and equipping of parking areas. In the prep- aration of specifications relating to traf- fic flow and traffic control signs and devices, the engineer shall consult with the chief of police. The specifications prepared under this section shall ~be available for use by applicants. 4.06. Seasonal Load Regulations. Subdivision 1. Restrictions Imposed by Resolution. As authorized by Minnesota Statutes 169.87, the council may by res- olution adopt seasonal load restrictions prohibiting the operation of vehicles over streets and roadways over which the city has jurisdiction whenever any street, al- ley or public highway in the city by reason of deterioration, rain, snow or other climatic conditions, will be serious- ly damaged or destroyed unless the. use of vehicles thereon is prohibited o,r per- missible weights thereon reduced. Subd. 2. Notice of Restrictions. Notice of prohibition or any restriction imposed t.,_::' r subdivision i shall be made by posting plainly visible printed signs. at each end of such restricted streets and such other places as the director of pub- lic works deems advisable. Subd. 8. Seasona'I Restriction. In addi- tion to any streets or roadways restrict- ed, pursuant to subdivisions i and 2 of this section and except as provided in subdivision 4 of this section, it is un- lawful for any person to operate any vehicle or combination of vehicles upon any city street, alley, or public highway other than roadways constructed of ce- ment concrete during the period between March 20 and May 15 of each year where the gross weight on any single axle ex- ceeds 8000 pounds. The provisions of sub- division 2 requiring notice shall be ob- served for all restrictions imposed in ac- cordance with thin subdivision. Subd. 4. Exceptions. The restrictions con- tained in subdivision 3 do not apply to: (lj Emergency vehicles; (2) Vehicles of a public utility used in making repairs to its plant and- equip- ment; - (3) Any county or state highway.,with- in the city. Subd. 5. Special Authorization; Bond. If any person desires to use an alley, street or public highway of the city in a manner not authorized by reason of such prohibitions or restrictions as are imposed by this section, the director of public works may, in his discretion, grant such permission upon such condi- tions as he may prescribe, provided that such person shall first furnish to the city a bond in an amount established by the director of public works with good and sufficient corporate surety, guaranteeing to secure the payment of all costs of nutting such street in as good condition as it was before prohibi- tion or restriction, such bond and the amount thereof to be approved by the director of public works. In lieu of a surety.. bond any person seeking permis- sion pursuant to this section may furn- ish acertified check in an amount. es- tablished by the director of public works. Subd. 6. Duties of Police Department. Police officers shall enforce this section as provided in Minn. Stats. 1fi9.85: 4.07. Moving of Buildings Over Streets, Alleys and Public Highways. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Building" means a structure de- signed, built or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, busi- ness, mercantile, storage, commercial, industrial, institutional, assembly, educa- tional or recreational purposes. A struc- ture of less than 100 square feet floor area shall not be within this definition. (2) "Director" means the director of public works of the city. Subd. 2. Permit Required. No person shall move any building over, along, or across any highway, street or alley over which the city has jurisdiction and sup- ervision as defined in Minnesota Statutes Chapter 60 without first obtaining a per- mit from the council. This section ap- plies whatever the point of origin of the building or structure. Subd. 3. Application. Persons seeking is- suance of a permit hereunder shall file an application for such permit with the director. Subd. 4. Contents of Application. The ap- plication shall be made in writing, upon forms provided by the Director and shall contain such information as the Director finds necessary to a determination of whether a permit should be issued. The following items shall accompany all ap• plications: (1) The owner of the building to be moved shall file with the application suf- ficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be removed are paid in full. (2) The applicant, if other than the owner, shall file with the application suf- ficient written evidence that he is en- titled to move the building. (3) The applicant shall file with the application prior to issuance of permit, written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be re- moved, for the removal thereof by the company. Subd. 5. Permit Fee. The application shall be accompanied by a permit fee. The fees are $10.00 for the moving of a building other than a garage from with- in the City; $100.00 for the moving of a building other than a garage into the City, and $5.00 for the moving of a gar- age or other accessory building into or within the City. If the building to be moved is located outside the city, such fee shall be augmented by a charge of lOc per mile beyond the city limits to defray inspection costs. Subd. fi. Security Requirement -Cash Deposit. Each application shall be ac- companied by a cash deposit in the sum of $500.00 as an indemnity for any dam- age which the city may sustain by rea- son of damage or injury to any high- way, street, or alley, sidewalk, fire hy- drant or other property of the city, which may be caused by or be inciden- tal to the removal of any building over, along ~or across any street in the city, and for any expense incurred by the city. Subd. 7, Security Requirements Lnsur- ance. Each application shall be accom- panied by a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota, and approved as to form by the city attorney. The policy shall insure the applicant, and the city as an insured, in the sum of at least $25,000 for injury to one per- son, and $50,000 for one accident, and at least $25,000 property damage. The poli- cy shall be kept in effect until after the• building has been moved. Subd. 8. Duties of Director of Public Works. The Director shall assure inspec- tion of the building by the Chief Inspec- tor to inspect the building and the appli- cant's equipment to determine whether the standards required in this section for issuance of a permit are met. Subd. 9. Standards fore Lssuance. The Council shall refuse to issue a permit if it finds: (1) That any application requirement or any fee or deposit bond, or insurance requirement, has not been satisfied. (2) That the building is too large to move without endangering persons or property in the city; (3) That the building is in such a state of deterioration or disrepair or is other- wise so structurally unsafe that it could not be moved without endangering per- sons and property in the city; (4) That the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the build- ing is to be moved is in the city. (5) That the applicant's equipment is unsafe and that persons and property would be endangered by its use: (6) That ,the zoning or building pro- visions or any other provisions of this code would be violated by the building in its new location; (7) That for any other reason persons or property in the city would be en- dangered by the moving of the building. Subd. 10. Compliance with' Building, Structura'I, and' Mechanical Regulations. If construction, alteration or repair work on such building or structure will be necessary to make it conform to the building, structural and mechanical reg- ulations, permits for such -work shall be obtained before such building or struc- ture is moved into or within this city. The permits shall specify that such work be completed within 90 days after such building or structure is located in the city. Failure to make such building or structure conform to such construction regulations within such 90 day period constitutes a violation of this section. Subd. 11. Compliance with Zoning Regu- lations. No building or structure shall be moved to a location within this city un- less it will conform to the zoning regu- lations of the city and will be a building or structure ~of the same general charac- ter and appearance as other buildings or structures in the vicinity of the pro• posed location. If the building inspector is in doubt as to whether such building or structure will sufficiently conform to the character of the neighborhood into which it is proposed to be moved, he may refer the matter to the council for determination. The Council may hold a public hearing on the question but in any event shall determine whether or not such building or structure will be permitted at the proposed location. Subd. 12: Fees and Deposits. If the coun- cil refuses to issue a permit,, he shall direct the return to the applicant of all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned. After the build- ing has been removed, the Director shall furnish the City Manager with a written statement of all expenses incurred and of all damage caused to or inflicted upon property belonging to the city by reason of the removal. The City Manager shall authorize the return to the applicant of all deposits after deducting a sum suf- ficient to pay for all of the costs and expenses and for all damage done to property of the city. Permit fees depos• ited with the application shall not be returned. Subd: 13. Designation of Streets for Re- moval. The Director shall designate streets over which the building may be moved. The Director shall have the list approved by the Chief of Police and shall reproduce the list upon the per- mit in writing. In making their determi- nations, the Director and the Chief of Police shall endeavor to insure maxi• mum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets. Subd. 14. Duties of Permittee. Permit- tees under this section shall: (1) Move a building only over streets designated for such use in the written permit. (2) Notify the Director in writing of any and all damages done to property belonging to the city or any public utility within 24 hours after the damage or injury has occurred. (3) Cause red lights to be displayed during the night time on every side of the building, while standing on a street, in s~ich a manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades 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 flame shall not be used. (4) Remove the building from the city streets after two days of such occupancy, unless an extension is granted by .the manager. (5) Comply with all applicable provi- sions of this code and other laws upon relocating the building iti the City. (6) Pay the expense of a traffic offi- cer ordered by the city to accompany the movement of the building to protect the public from injury. (7) Remove all rubbish and materials and fill all excavations to existing grade at the original building site if within the city so that the premises are left in a safe and sanitary condition. (8) Remove all structural remains such as stoops, stairways, posts, etc. or any other structural item which if left on the property would constitute a haz- ard. (9) Provide for the displacement of any and all overhead wires and furnish proof to the city in advance of the day upon which moving operations shall be commenced that satisfactory arrange- ments have been made, (10.) Insure that the sewer line is plugged with a concrete stopper, the wa- ter shut ofd, and the motor returned to the city, if the original building site is within the city. Permittee shall also note- _ '' fy the gas and electric services com- ~ panics to remove their services. (11) Complete within 90 days after-~:~ moval all remodeling, additions or re. pairs as shown on the plans accompany.. ing the application. Subd. 15. Liability of Permittee to City. The Permittee shall be liable for any ex- pense, dama;;es or costs in excess of deposited amounts or securities. Subd. 16. Origina'I Premises Left Unsafe. If the original building site is within the city, the city shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condi- tion, where the Permittee does not com- ply with the requirements of this sec- tion, and the cost thereof shall be charged against the cash deposit. Subd. 17. Revocation. Refusal by the permit holder or any person acting. on his behalf to comply with the terms or provisions of this section or to adopt any safety or precautionary device or method imposed upon such moving op- eration is a violation of this section and is cause for immediate revocation of the permit. 4.08. Prevention of Obstruction of Cul- verts, Gutters, Drains ands Sewers. Subdivision 1. Prohibition. Any person or persons who shall fill up, obstruct, or in any manner interfere with any culvert, ditch, drain, gutter, or sewer. ordered within the city, endorsed or accepted by the council, or who shall fill up or ob- struct any culvert, gutter, ditch or drain in or along any street, road,, cartway or alley within said city, with any earth, stone, brush, roots, hay, straw,. or any rubbish or material whatever, shall be guilty of a misdemeanor. 4.09. General Regulations on the Use of Streets anal Raad'ways; Adoption of State Law by Reference, The regulatians contained in Minnesota Statutes 160.27, Subdivision 5 are hereby adopted by reference as if fully set. forth herein. References to road authorities therein shall be construed to mean the council. 4.10. Regulation of the Burning of Rub- bish as:d Combustible Materials. Subdivision 1. Permitted Burning. No person shall burn rubbish, paper or other combustible material unless within a safely constructed incinerator or burn- er located ~on private property, at least fifteen (15) feet from any flammable material, building or structure. Subd. 2. Time Limitation. No burning permitted in subdivision 1 shall be done between 2:00 a.m. and 12:00 noon of the same day, nor a~ any time when wind or weather conditions cause burning or charred particles or smoke to blow di- rectly onto adjacent property. Subd. 3. Burning of Leaves, The burn- ing of leaves only is permissible on pri- vate property outside of an incinerator or burner if the fire is at least 15 feet from any flammable material, building or structure, is attended by an adult oc- cupant of the property, is not done be- tween 6:00 a.m. and 12:00 noon and is not done in such a way that burning or burned particles or heavy smoke blow directly onto adjacent propert,;~. Subd. 4. Bonfiras. No person shall set or maintain ary bonfire or set afire or cause to be sit afire any woods, prairie grass or otaer combustible material, whether on his property or not within the city, or knowingly furnish materials for the same,or authorize the setting or maintaining of such a fire"unless a per- i ~•-. (-~ ~ .~~ _ _~ _ -- -- -- - ----- -_ r- ..~ -_._ _. . _ -...,,.._ ~_. ~,. ~ _ ,,c -~. -~ _` ` " ~ OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 23 ~~ -4 - r' ~Ji to cov ~teo, such ave been obtained from to t ed epartment. Sub be . Groups or Organizations nfires started and maintain- Fu , is parks within the City by ~ d groups or organizations such fu oy Scouts or church organiza- N' a exempt from the permit pro- p of this section except that all groups or organizations shall in- the City Fire Department of the ce and time of any proposed bonfire for to the starting of the fire. ubd. 6. Burning Limited to Private PropeNy. No person shall burn leaves, grass, 'or other materials upon any public street, right-of-way, or other pub- lic property, unless such burning shall be a bonfire authorized pursuant to sub- division 3 of this section, or the burning ''' ' of a coke bed being used for the remov- al of frost in connection with the installa- tion of a utility in a street right of way. The starting of a coke bed fire shall, i _ however, be subject to the prior procure- 1P> ~ , of a permit as provided in subdi- ~'`i'f this .section. the t ~"'. ion -Commercial Incin- fu eration and maintenance the incinerators is not affect- exp• visions of this section. er , th and Prevention of Plant on k 1. Declaration of Policy. The -1 ereby determines that the ~ ~ t elm trees, oak trees and other ,~ithin the municipal limits is 7 (r '~"`.+ened by such diseases as dutch .`_,,, ;'disease, oak wilt and other plant Section s18.461n Subd. n13.nItofurtheru deb termines that the loss of such trees and other plants growing upon public and private property will substantially depre- ciate the value of property within the city and will have a detrimental effect upon the public safety, order, general welfare and convenience. It is the in- tention of this section to control and pre- vent the spread.of such diseases. Subd. 2. Forester -Position Created. The position of forester is hereby cre- ated within the inspection division of the city. Subd. 3. Duties of Forester. It is the duty of the forester to coordinate ally ac- tivities of the city relating to the control and prevention of dutch elm disease, oak wilt and other plant pests as defined in Minnesota Statutes, Section 18.46, Subd. 13, I3e may from time to time recom- mend to the manager and the council the details cf a program for the control of such diseases and plant pests and shall perform the duties incident to such programs adopted by the council. Sul: d. 4. Pest Control Program. Any such program of plant pest control shall be puT~suant to the authority granted by Minnesota Statutes, Section 18:022, and in conformity with any applicable di- rectives of the state commissioner of agriculture. The city forester shall act as coordinator between the commissioner of agriculture and the city in the conduc± of any such program. Subd. 5. Nuisances. Declared. The follow- ing things shall be public nuisances whenever they are found within the city: (i) Any living or standing elm tree, oak tree or other tree, or part thereof, infected to any degree with dutch elm disease fungus, oak wilt, or with any plant pest as defined in Minnesota Stat- utes, Section 18.46, Subd. 13, hereinafter referred to as "plant pests". (2) Any dead elm tree or part thereof, including logs, branches, stumps, fire- wood or other elm material from which the bark has not been removed and burned; and any other dead tree or part thereof such as logs, branches, stumps and firewood, which are harboring plant pests, or which are determined to be likely to harbor such pests. Subd. 6. Abatement. It shall be unlawful for any person to permit any public nuisance as defined in Subd. 5 of this section to remain on any premises own- ed or controlled by him within the city, after he has been ordered to abate such nuisance. Such nuisances may be abated in the manner prescribed by this sec- tion. Subd. 7. Inspectrion and Investigation. The forester shall inspect all premises and places ~~•ithin the cito as often as i1racticabie to determine whether any cc2:ditiorz described fln ~ ubd. S of this sec- ticr. exists thereon. lie sl:ai investigate Bali reported incidents of plant pest ir1- `estatian. Subd. ~; Entry on Pr'spape Premises. she forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of car- rying out any of the duties assigned him under this section. The forester shall, upon finding conditions indicating plant pests infestation, immediately send ap- propriate specimens or samples to the commissioner of agriculture for analysis, or take such other steps for diagnosis as may be recommended by the com- missioner. Except as provided hereafter, no action to remove infected trees or wood shall be taken until positive diag- nosis of the disease has been. made. Subd. 9. Abatement of PIaM Pests Nui• sances. In abating the nuisances defined in this section, the forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effective- ly treated- so as to destroy and prevent as fully as possible the spread of plant pests. Such abatement procedures shall be carried out in accordance with cur- rent technical and expert opinions and plans as designated by the commissioner of agriculture. Subd. 10. Procedure for Removal of tn• fected Trees and Wood. Whenever the forester finds with reasonable certainty that the infestation defined in Subd. 5 exists in any tree or wood within a pub- lic way or boulevard in the city, he shall proceed as follows: (1) If the forester finds that the danger of infestation of other trees is not im- minent because of dormancy, he shall make a written report of his findings to the council which shall proceed by (a) abating the nuisance as a public im- provement under Minnesota Statutes, Chapter 429, or (b) abating the nuisance as provided in Subd. 11 of this section. (2) If the forester finds that the danger of infestation of other trees is imminent, he shall notify the abutting property owner if the nuisance is on public street right-of-way, or the owner if it is on private property, by certified mail, that the nuisance must be abated within a specified time, not less than five (5) days from the date of mailing such notice. The forester shall immediately report such action to the council, and after the expiration of the time limited by the notice, he may abate the nuisance. Subd, 11. Council Action; Hearing. Upon receipt of the forester's report required by Subdivision 10 (1), the council shall by resolution order the nuisance abated. Before action is taken on such resolu- tion, the council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property own- ers and published once no less than one (1) week prior to such meeting. "The notice shall state the 'time and place of the meeting, the streets or properties af- fected, the actions proposed, the esti- mated cost Hof the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof the council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a res- olution confirming the original resolu- tion, with such modifications as it con- siders desirable, and provide for the do- ing of the work by day labor or by con- tract. Subd. 12. Records Maintained by Fores- ter. The forester shall keep a record of the costs of abatements done under this section and shall report monthly to the city manager all work done for which assessments are to be made, stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. Subd. 13. Special Assessment Procedure, On or before September 1 of each year, the clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributed under this section. The coun- cil may then spread the charges or any portion thereof against the property in- volved as a special assessment for cer- tification to the county auditor and col- lection the following year along with cur- , rent taxes. Subd. 1.4. Spraying of Trees. Whenever the forester determines that any tree or wood within the city is infected with dutch elm disease, oak wilt or other plant pests, he may spray all nearby high valued trees, with an Effective pest ciestroyir.g concentrate. ;praying activi- ties authorized by this section shall be •con.ducted in ~:cc;,rdance with technic:,l ~:nci e.,pert cpirions and plans of the commissioner cf agriculture. and under t, e ,t.!:zr-~isicn.:,f lt;e cd,;m-a :s,ic7er and his' age:,ts ~~ai;enever poswi~:le. The notice. and assessment provisions of Section 7 apply to spraying operations conducted under this section. Subd. 15. Transporting Certain Wood Prohibited. It is unlawful for any person to transport within the city any bark bearing elmwood without having obtain- ed a permit from the forester. The for- ester shall grant such permits only when the purposes of this section will be served thereby, Subd. 16. Interference Prah~ibited. It is unlawful for any person to prevent, de- lay or interfere with the forester or his agents while they are engaged in the performance of the duties imposed by this section. CHAPTER t/ CHAPTER V. GENERAL MUNICIPAL REGULATIONS AND LICENSING PART I. GENERAL REGULATION AND LICENSING PROCEDURE 5.01. Scope of this Part -Application of Chapter VI. The general provisions con- tained in this part apply to this part, the regulation contained in Chapter VI of this code, and to all other licensing provisions contained in this, code. 5.02. Interpretation and Application. The provisions of this chapter and Chap- ter VI are minimum requirements. Where these chapters impose a greater restriction upon persons, premises, or personal property than is imposed or re- quired by other provisions of law, these chapters shall control. 5.03. Definitions. The following terms have the meanings ascribed to them in this chapter and Chapter VI: Subdivision 1. "Business" means all kinds of occupations, enterprises and establishments, together with all devices used therein which are conducted for private profit, either directly or indirect- ly, on any premises in the city, or any- where else within ,its jurisdiction, .Subd. 2. "Premises" means no lands, structures, places and the equipment and appurtenances connected or used there- with in any business and, also, any per- sonal property affixed to or used in con- nection with any business conducted on the premises. 5.04. Compliance with Regulations, Subdivision 1, Necessity for License. It is unlawful for any person to conduct any business or non-profit enterprise, or to use in connection therewith any prem- ises or device for which a license is required, without a license or permit be- ing first procured and kept in effect at all times, as required by this chapter, Chapter VI, any other provision of this code, or any other applicable law. Subd. 2. Definition of Business A~tivi- ties. Aperson is deemed to be in busi- ness or engaging in non-profit enterprise when he does a singular act of: (1) Selling any goods or service; (2) Soliciting business or offering goods or services for sale or hire; (3) Acquiring or using any vehicle or any premises in the city for business purposes. Subd. 3. Separate Violations. Each sin- gle act, which is a part of a chronologi- cal sequence of acts in violation of this chapter, Chapter VI, or any other pro- vision of this code is considered a sep- arate violation, 5.05. Agents and Employees. Agents or representatives of non-residents who do business in the city are individually re- sponsible for compliance with the provi- sions of this chapter, Chapter VI, and this code. Employers who do business in the city are individually responsible for the compliance ~of their employees. 5.06. Branch Establishments. Except as otherwise provided in this chapter or Chapter VI and for the purpose of these chapters, each branch establishment or location of a business is deemed to be a separate business requiring a separate license in the manner prescribed in these chapters. This chapter and Chap- ter VI do not apply, however, to estab= iishmcnts which are oDly adjuncts or are 4uxiliary to a business such as ware- I:ouses., ~vlaere separate business activi- ties arena independently transacted. ~,.ui. velivery `~Nithin City„~;'o Iicense i =.•epuz -ell of an; person far tl;e mere de- livcx~ i.. tr~c, cit; t.f ~,ny pr~periy pur- ciiasetil car" acG.zire;~ 'in 'ceo?l' faitYi' from ' such person at his regular place of busi- ness outside the city where there is no intent by such person to evade the. pro- visions of this chapter or Chapter VI. 5.08. Procedure for Issuance of Licenses. Subdivision 1. Application. All persons who are required to procure a license under the provisions of this chapter, Chapter VI; pr any other provisions of this code, shall submit a formal applica- tion for such license to the clerk, un- less otherwise provided. Jnless other- wise specified, application shall be made on the form provided by the clerk. Such forms used for license application -shall be approved by the manager. The ap- plication form shall be completed in writing and signed by the applicant,. Ad- ditional requirements are contained in the sections of this chapter and of Chap- ter VL Subd. 2. License Fees. The application form shall be accompanied by the full amount of fees chargeable for such li- cense, unless otherwise provided. Subd. 3. Duration of License. Unless oth- erwise specified, a license shall be valid for the, 'calendar year or portion thereof for which it is issued and shall expire on December 31 of that year. 5.09. Procedure for ._ ~newal of License. Applications for renewal of a license when available shall be submitted on forms provided by the clerk for that pur- pose. The applicant shall, upon request of the clerk, disclose such information concerning his conduct and operation of his business during the preceding license period as is necessary to the proper de- termination of the applicant's eligibility fora renewal license. The application for renewal ~of a license shall be ac- companied by the full amount of fees charged for such renewal. Unless other- wise specified, the fee for renewal shall be the same as the fee for the initial license, for such activity. 5.10. Approva'I and Issuance. No license or renewal of license shall be issued until the application for the license or renewal has been. properly completed, submitted, and approved as provided in this chapter, Chapter VI or in any other provision in this code. Any license or renewal issued without approval or pay- ment of the license fee is void. 5.11..Disapproval of License. The clerk may provisionally disapprove any li- cense application when disapproval is necessary to the fair administration of this chapter, Chapter VI, or any other provision of this code. The council has authority to give final disapproval. Upon the final disapproval of any application, the clerk shall refund to the applicant all fees paid in advance by him, pro- vided the applicant is not otherwise in- debted to the city. 5.12. License Fees. Subdivision 1. Fee Established. License fees are in the amounts established in the governing sections of this chapter or Chapter VI and as otherwise provided in this code. Subd. 2. Fee CompilaArion in Appendix D:- A compilation of all fees and permits is maintained in Appendix D to this code. This appendix is maintained for conven- iance and reference only. The license and permit fees as set forth in the various sections of this code are the official and controlling provisions. Subd. ~ 3. Change of Fee Status. When any licensee alters his status so as to increase his license fee, such licensee is responsible for the prompt payment of the increased license fee and his failure to make such additional payment is deemed a violation of this chanter or Chapter VI. Any fees paid pursuant to this subdivision by a licensee who changes status. during a license year shall be only the difference between the old fee .and the newly required fee for the calendar year in which the change in status occurs. ; Subd. 4. Prorated Fees. License fees shall not be prorated, unless specified in this code or otherwise required by law. Subd. 5. Waiver of Fees. The council may authorize the clerk to issue a li- cense, without payment of any license fee, where the proposed licensee is a re- ligious, civic, benevolent, educational, veterans or non-profit organization, pro- vided, however, that such organization otherwise complies with this chapter, Chapter VI, and ather applicable pro- visions of this code. StEbd. 6. Refund' of Fees. License fees shall not be refunded in whole or in part unless specified in this cone .or .unless, otherwise ret;tiire~ ' by law. ~--- -~~ ... ~- ~-w--' PAGE 24-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD 5.13. Transfer of License, Licenses is- sued under this chapter or Chapter VI or elsewhere in this code are not trans- ferrable. Any person succeeding to the business or license of any licensee must procure a new license. 5.14. Enforcement of Licensing Regula- tion, Subdivision 1. Authorized Enforcement Personnel, All city officials having dut- ies to perform, with reference to li- censees under this chapter or Chapter VI, and all city police officers may in- spect and examine licensees, their busi- nesses and premises to enforce compli- ance with Chapters V and VI and wrath other applicable provisions of this code. Subd. 2. Authority of Inspectors. Allper- sons authorized to inspect licensees and businesses have the authority to enter the following premises at all reasonable times, subject to the provisions of sub- division 3 of this section: (1) Those for which a license is re- quired; (2) Those for which a license was is- sued and which, at the time of inspec- ticn, are operated under such license; (3) Those for which the license has been revoked or suspended. Subd. 3. Search Warrants. If the licensee objects to the inspection of his premises, the city officials charged with the duty of enforcing the provisions of this chap- ter, Chapter VI, or other provisions of this code shall procure a valid search warrant before conducting the inspection. Subd. 4. Suspension or Revocation of Li- cense. Except as otherwise provided in this chapter, Chapter VI, or other pro- visions of this code, when there is rea- son to believe that any provision of this chapter or Chapter VI has been violated by any licensee, agent, or employee, the .manager may suspend the license of the affected person until the next meeting of the council. Upon such suspension, the licensee will immediately cease all busi- ness at all places under the license. At its next meeting the council will con- sider the suspension and the affected person will be given an opportunity to speak in his own behalf before the coun- cil. After the hearing the council may: (1) Lift the suspension; (2) Extend the suspension; or (3) Revoke the license. Only the council has authority to revoke a license, unless otherwise specified in this chapter, Chapter VI, or elsewhere in this code. Any proceedings under this section are not proceedings to penalize the affected person for violation of this code but, rather, are to take appropriate action with respect to the license .held by the affected person. rta ~ PTER V. PART II. AMUSEMENT AND RECRE- ATION 5.18. Amusement Devices. Subdivision 1. Definitions. The following terms have the meanings ascribed tb them in this section: (1) "Mechanical amusement device" means any machine which, upon the in- sertion of a coin or slug, operates or may be used fora game, contest, or amusement of any description. (2) "Mechanical music box" means any machine which plays music upon the insertion of a coin or slug. Subd. 2. Scope of This Section. This see- tion does not apply to mechanical amuse- ment devices or mechanical music boxes which are held or kept in storage or for sale, and which are not actually in use or displayed for use in the city. Subd. 3. License Required. No person shall maintain, keep, or sell a mechani- cal amusement device or mechanical music box within the city without first obtaining a license from the council. Subd. 4. Application, Each person desir- ing alicense shall make written appli- cation and furnish such information as is required by the :clerk. Subd. 5. License Fees. The license fee for each mechanical amusement device is $50.00 per year. The license fee for each mechanical music box is $25.00 per year. Subd. 6. Prohibition of Gambling or Gaming. The licensing of any mechani- cal amusement device under this section does not in any way authorize the use of said device for the purpose of gam- ing or gambling in violation of the laws of Minnesota or of any other provision of this code. Should any gambling de- vice be used in violation of Minnesota law the city may proceed in accord- ance with the provisions of Minnesota Statutez, 325,:13 to, 325,.6 jr ,addttacan: to i the imposition of .any other penalty. Subd. 7. Location of Device Specified. Each license issued shall specify the lo- cation where the mechanical amusement device may be operated, and such license shall not be removed to any other location than that specified without per- mission of the clerk or council, Subd. 8. Penalties -Seizure and Destruc- tion. In addition to the penalties pro- vided in subdivision 6 or a-iy other pro- vision of this code, any mechanical amusement device which is used in vio- lation of this section or in violation. of the laws of Minnesota may be seized and destroyed in accordance with the provisions of the statutes of the state of Minnesota relating to gambling and gaming devices. 5.19. Bingo ' Subdivision i. License Required. Any as- sociation authorized to conduct the game of bingo pursuant to Minnesota Statutes Section 349.03, shall apply to the clerk for a license before conducting the game within the city. Subd. 2. Application, Applications shall be signed by the person conducting, op- erating and managing the game, Appli- cations shall state the dates for which ,permission to play the game is request- ed and the place where the games will be played. Subd. 3. Change of Association Officers. If, during the period for which the li- cense is issued there is a change in the officers of the association, a new appli- cation disclosing such change must be made and filed with the clerk. Subd. 4. License Fee, There is no li- cense fee. Subd. 5. Approval and Issuance of Li- cense. The application shall be referred to the city police department for inves- tigation and recommendations. The ap- plication shall thereupon be returned to the manager who shall note his own recommendations or comments thereon. The application shall then be presented to the council for final approval. Subd. 6. Conditions Governing Issuance. The following conditions govern the is- suance of a license pursuant to this section: (1) The licensee shall not conduct the game on any date nor at any place other than those dates and places enumerated in the application. (2) No game of bingo shll be played more than twice a week on the same premises, nor for a period longer than four hours on any one day, nor beyond the calendar .year during which the first date covered by the license is played. (3) Bingo may be played only in the hall where regular meetings of the as- sociation are held unless otherwise per- mitted by the council. (4) No license shall be issued to any association unless such association has existed in the city for at least two years prior to the date of the application. This restriction shall not apply if the association making the application is, or is a subsidiary of, any religious, charita- ble or fraternal organization of national ' or statewide jurisdiction which has been in existence in excess of two years. (5) The game of bingo shall .not be operated or played by any person under the age of eighteen years except when such person is accompanied by his par- ent or guardian. (5) The game of bingo may be con- ducted only by the members of the li- censed association. No member shall re- ceive compensation for his services in conducting the game, and no person shall assist in operating the game unless he has been and is a member or the spouse of a member in good standing of the association for at least one year. Subd. 7. Records of Games. Each asso- ciation permitted to play .bingo shall keep a permanent record containing the names and addresses of all winners of prizes of a value of one hundred dol- lars or more and the dates when such prizes were awarded. This record shall be kept on file by the association within the city and shall be open to inspection by city police officers. 5.20. Itinerant Places of Amusement. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) An "itinerent place of amusement" includes any of the following: "Itinerant carnival", "street show", "street fair", "sideshow", "circus" or other similar enterprise which is held, operated or carried on out of doors or in temporary structures or tents upon or within any public or private ground, at which peo- ple congregate and assemble.. with or Zvi€iioRat the payment of an ~ admissions foe. Subd. 2. License Required. No person shall engage in the business of keeping, maintaining, conducting or exhibiting any itinerant carnival, street show, street fair,. sideshow, circus or any simi- lar enterprise in the city without first obtaining a license to do so from the council, as hereinafter provided, This section does not apply to enterprises consisting entirely of amusement rides, refreshment stands or educational exhib- its of local origin not customarily used in connection with any such itinerant carnival, street show or similar enter- prise, or. any combination of these. Subd. 3. Application. Any person desir- ing to engage in any activity for which a license is required by this section shall first make application to the council. Such application shall be accompanied by a license fee and shall be made at least 90 days prior to the first or only day of intended operation. The council may waive the license fee where the enterprise is operated or sponsored by a civic, religious, veterans or charitable organization. Subd. 4. License Fee. The license fee is $100.00 for each day for which the li- cense is ought. Subd. 5. Contents of Application. The ap- plication shall state the following: (1) The owner or owners of the enterprise: If a corporation, the names of the officers and the addresses of the owners and officers listed. With refer- ence to each person listed, the applica- tion shall state whether or not such per-' son has ever been convicted of any fel- ony or misdemeanor and if so, the date, place and nature of the offense. (2) The place or places where the en- terprise has been actively operated dur- ing the last three months of actual op- eration preceding the application. (3) The number of vehicles that will be used in the transporting or operation of said enterprise, and the license num- ber of each such vehicle. (4) The proposed location for the ac- tivity while within the city limits; the total area of the property to be devoted to such use and the owner of the prop- erty. (5) The space available for parking of vehicles within one block of the proposed location and where such proposed space is private property, the written consent of the owner of such property. (6) The sanitary facilities available to persons on the proposed location and, if privately owned, the written consent of the owner of such facilities. (7) The hours of each day during which the applicant seeks a license to operate. (8) The names and addresses of per- sons if any, who will act as special police officers or watchmen on said pro- posed location while the enterprise or equipment connected therewith ns lo- cated within the city. (9) The anticipated maximum num- ber of persons likely to attend the en- terprise at any one time. Subd. 6. Bond Requirements. The appli- cation shall be accompanied by a bond or certified check in the sum of $1,000.00 obtained by the operator (not the spon- sor) conditioned upon faithful compli- ance with the terms of this section and all other provisions of the Code ~of this city by the operator and his agents, employees, associates or other persons acting for or on behalf of said operator. Subd. 7. Accuracy of Application. The person making, and signing the applica- tion is charged with responsibility for the truth and accuracy of the statements and representations made in the applica- tion and the making of any false state- ment or intentionally misleading state- ment in said application constitutes vio- lation of this section. Subd. 8. Change in Conditions of Appli- cation. In the event that the license ap- plied for is granted and the facts relative to any matter contained in the applica- tion are changed before or during the time the enterprise is conducted with- in this city, the applicant or his agent shall immediately notify the manager of such change, giving such information with respect thereto as the terms of this section may require. Subd. 9. Procedure for Review and' Ap- proval. The following steps shall be fol- lowed in reviewing all applications: (1) Upon receipt of ' the application, the clerk shall review the same to de- termine whether said application is com- plete in all particulars. If incomplete, it shall be returned to the applicant as promptly as possible to enable him to complete the application, (2) Upon receipt of the completed ap- plication, the clerk shall refer the same to the chef:of poli~Ce for x°pvr~w-; Inc` Syr; 5~3,:ii in~es~ii;:~ aim u~ traf°',c problc,r?s,- criminal records, safety precautions and other matters related to public safety and welfare as may be deemed neces- sary under the circumstances. (3) The application shall also be re- ferred to the city health officer or sani- tarian, who shall review the same with regard to sanitation, and to the city fire marshal or fire marshals who shall re- view the same with regard to fire pre- vention. (4) Each of the persons reviewing the application may request such further in- formation from the applicant as may be reasonably necessary to make adeter-, urination of any question of public health, safety or general welfare connected with his department. Upon completing his re- view, each such person shall endorse his written approval or disapproval of the application. If disapproved, the reasons for such disapproval shall be stated. Each such person may condition his ap- proval upon compliance with conditions which he shall set forth in writing. (5) Following review by said persons if any conditions to approval have been attached to the application, the applicant ;,: '%""' shall be notified and he shall endorse his written consent to abide by ~aeh conditions upon the application. If he is unwilling to do so, he shall so indicate in writing. (6) Thereafter the application shall be presented to thq council at its next sub- sequent meeting. The council may ei- ther grant or deny the license. In grant- ing the license, the council may impose the conditions recommended or such oth- er or further conditions as it shall, in its discretion, determine necessary to the public health, safety, convenience or gen- eral welfare. Subd. 10. Additional Infarmation Prior to Commencing Business. Prior to the time that the enterprise is actually com- menced the applicant shall furnish the manager with the following informa- tion: (1) The name and address of each person who will be employed or engaged in the enterprise within the city and the name and address of each person op- erating aride, show, concession or other similar activity, giving the particular ride, show, concession or activity in which such person will be engaged. (2) The nature of each show, exhibi- tion, concession, ride or other activity connected with the enterprise. (3) The size and location of each tent or structure to be used in connection with the enterprise. (4) A plot plan showing the location of each tent or structure in the grounds, its size, nature and relationship to other structures or buildings within 220 feet. (5) The plan for lighting the area dur- ing the evening, and the number and location of public address systems, cal- liopes and similar devices. (6) The names of persons, if any, who will remain on the proposed site during the hours when said enterprise is not in operation. (7) The firefighting equipment avail- able on the proposed site. Subd. 11. On-Site Inspection. During the period that the enterprise is being es- tab~ished on the site and thereafter dur- ing its operation, the health officer or sanitarian, building inspector, fire mar- shall or fire marshalls, and chief of po- lice are empowered to make such emer- gency orders as may be necessary to assure the public health, safety, conven- ience and welfare, and failure to ob- serve such orders constitutes a violation of this section. Subd. 12. Pdlice Presence at Site Re- quired. For each such enterprise the ap- plicant shall pay to the city the cost of maintaining one police officer on the site at all times during setting up and operation. The officer shall be furnish- ed by the city. The cost of paying the officer shall be paid, to the city at the .time of making application and shall be in addition to the incense fee hereinbefore provided. If additional payments are necessary, upon the completion of the enterprise's activities in the city, said payments must be made before the en- terprise shall leave the city. If, how- ever, said additional payments are not made, such failure shall be considered a default by the licensee and the city may, if it chooses, proceed under the provisions of Subd. 6 herein. Subd. 13. Conditions Governing Issuance. The following conditions govern: the is- suance and/or suspension of a is^ense pursuant to this section: (1) Employees. r~o enterprise shall be conducted, nor sY.all any duty in con- nection therewitl'. on the site be per- formed by any Parson who has been con- victed of any c rime or misdemeanor in- volvin' moral turpitude (2) Pod~Wa Protect'eo.t. °do enterprise a _ _. _ .... T - - -- ~. ., -- _ ~ - . _ -~ _ - - __ ~ '.~- -_.. ~~.: - OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 25 4 a, .r ~- 0 ~~~ ,lrj~ ~ ~ j unless adequate pro- (~ ado for police protec- tha! t and of persons attend- ins' rise, otl ca I Activities. No part of the ~ all contain lewd or obscene s gambling concessions or 1 .chance, or actors or other per- ected therewith who are en- immoral or dishonest pursuits, activity having a detrimental ef- pon the health or morals of the unity. Fire Protection. Provision for fire otection shall be made so as to reduce e hazard of fire to persons and prop- erty to substantially the same extent as in permanent structures in this city. (5) Parking. Provision shall be made for parking so that parking on public streets, alleys and public ways will not be necessary to accommodate the anti- cipated attendance of said enterprise. ,'.,,T~C6,)_ S,a~itary Facilities. Provision shall. `'ti.~~MM~~ii for adequate sanitary facili.t'~es o attending or participat- e ithin 12 hours for one ~ in 24 hours after the o rminated its licensed op- tire area upon which it shall be cleared of all s, paper, refuse, tempo- es, lumber and similar ma- ~he applicant, his agents or 1 If this paragraph is not sat- lcompiled with by the licensee ~" _0'- ~ _~ .w -• ~' ~,~a grounds for immediate sus- ' Ri of a license to the licensee ~ slro.x_ 1 the enterprise desire to continue in operation, or grounds for future re- fusal of a license should the enterprise cease operation failing to comply and seek a license at a subsequent date. (8) Inspection. All parts of all build- ings, tents or other structures shall be kept open to police, fire and health in- spection at all times. (9) Moving. Transporting said enter- prise to, from or within the city shall he done in such a manner as to avoid damage to any public or private prop- erty. (10) Intoxicating Liquor. No intoxicat- ing liquor shall be consumed, sold or be permitted to be consumed or sold on the premises licensed for the en- terprise and ail provisions of this Code relative to intoxicating and nonintoxicat- ing liquors shall be strictly observed and enforced. (11) Additional Conditions. The city, in granting a license to an applicant, may impose such additional conditions as may be deemed necessary and to secure the public health, safety, convenience and general welfare, and failure to observe any such additional conditions shall also constitute a violation of this section. Subd. 14. Suspension of License. Upon conviction for a .willful violation of this section, the manager may immediately suspend the license of any licensee here- under, Upon such suspension, the police officers of the city shall order the licen- see or any of his agents or employees to cease the activities. in which they are engaged in connection with such enter- prise, and failure to comply with such order constitutes a violation of this sec- tiin. Such suspension is effective until the next meeting of the council, at which time the council may either continue such suspension fora specified period. lift such suspension or revoke the li- cense. Failure to act at such meeting- shall result in a lifting of the suspension. Any suspension or revocation is in addi- tion to the penalties provided elsewhere in this code. Sub. 15. Itinerant Carnivals -State Regu- lation. Nothing herein contained shall be construed as in any way abrogating or limiting the provisions of Minnesota Stat- utes 624.65 or Minnesota Statutes 437.07 to 439.11. 5.21. Public Dances. Subdivision 1. Definitions. The following terms have the meanings ascribed to them ~ in 'this section: A public "dance" for the purposes of this section is a dance which is or may be attended or patronized by the public generally, either with or without tickets or the charging or admission, and where the object is and the proceeds thereof are to be de- voted to other than benevolent,fraterna!., educational or charitable purposes. •Subd. 2. Permit Required. No person shall keep, maintain, conduct or operate any public dance hall or place for hold- ing public dances in the city without first paying the permit fee and obtaining a _ permit. Permits shall be issued by the 'city pursuant to the authority granted in Minnesota Statutes 624.42 to 624.54. Subd. 3. Duration of Permit. Permits is- sued in accordance with this section shall authorize the permitee to hold public dances in the city during the period of one calendar month from the date of the permit. Subd. 4. Procedure Upon Application. The f o 11 o w i n g procedures upon applica- tion shall be followed: (1) Permits shall be applied for and shall be issued at or before the last regu- lar meeting of the council in the month preceding the month in which the dance is to be held. (2) Each application for permit shall enumerate the days on which dances are to be held and permits issued therefor shall permit the holding of dances on such enumerated days only. (3) The permit- fee shall accompany the application. Subd. 5. Permit Fee. The fee for such permit is $2.00 for each day on which the dances are to be held, e~ccept, where a tavern license is in effect obtarned in accordance with the provisions of Chap- ter XI of this code. Subd. 6. Approva'1 and Issuance. The council shall review and act on each ap- plication, the clerk shall issue a permit authorizing the applicant to hold pub- lic dances in 'the city, at the place and on the days specified in such permit. Subd. 7. Additional Dances. Additional dances may be held from time to time during the permit period by a permitee upon his paying a fee of $2.00 and obtain- ing approval of the clerk for each such additional dance. Subd. 8. Conditions Governing Issuance. The following-conditions govern the issu- ance of a permit pursuant to this sec- tion: (1) Intoxicating ,Liquor. No person shall at any time bring to or sell, dis- pense, give- away, use or drink any in- toxicating liquor or beverage in any pub- lic dance hall or place for holding public dances in the city. (2) Hours. Dances to be held on Sat- urday nights shall end promptly at 12:00 p.m. No dance shall be held before 12:00 noon on any Sunday nor between 1:00 a.m, and 12:00 noon on any day. Subd. 9. State Law; Revocation. In all other respects the provisions of Minne- sota Statutes 624.42 to 624.54 apply to per- mits issued and compliance with these provisions is required. Non-compliance with the statutory provisions of any of the provisions of this section constitutes cause for revocation. 5.22. General Amusements. Subdivision 1. Scope and License Require- ment. No person shall engage in the business of keeping maintaining, con- ducting; operating or exhibiting any caravans, circuses, mountebanks, thea- trical performances or shows of any kind, billiard tables, pool tables, pigeon - hole tables, indoor golf, bowling alleys or any other game or games of a similar nature in the city without paying a license fee and obtaining a license as herein provided. Subd. 2. Scope of Application. The sub- jects covered in sections 5.23 and 5.24 of this chapter are not included in the cov- erage of this section. Subd. 3. Application. Any person desir- ing to engage in any business within the scope of this section may file with the clerk a written application. This applica- tion shall designate the place where such business is to be carried on, Subd. 4. Approval. The application shall be presented to the council at its first meeting thereafter and the council shall review such application. No license shall be issued unless approved by the council. Subd. 5. License Fees. Upon the pay- ment of the license fee the clerk shall issue a license to the applicant whose ap- plication has been approved by the coun- cil. The following are the rates for li- censes: Billiard, pool or pigeon- hole table (each) ... $ 10.00 per year Bowling Alley (per land) .. 10 per year Circus 100.00 per day Dance Hall 100.00 per day Golf, Miniature 10.00 per year Golf., Driving Tee 10.00 per year Mountebank ..........100.00 per day Rides, mechanical or ani- mal of any kind (each}..10.00 per year Shows, any kind 100.00 per day Shuffleboard (each lane) 10.00, per year. Theatrical Performances ..100.00 per day Applicants for other games not specifi- cally enumerated but covered by this section sha11 pay an amount not exceed- ing $50.00 per day, as the council may designate. Subd. 6. Revocation and Refund. The council may revoke any license at any time for violation of the terms of this section, other provisions of this code or whenever revocation is authorized by the laws of Minnesota. Conviction of the li- censee for the violation of any municipal, state or federal law involving moral tur- pitude is cause for revocation. Upon rev- ocation of a license the licensee shall receive a refund of his license fee, pro- portionate to the unexpired term of the license, unless the council expressly de- nies such refund. In case of a license revocation by order of a court, the entire license fee shall be forfeited. Subd. 7. Inspection of License, The li- censee shall exhibit his license and make affidavit that he is the licensee when re- quested to do so by the Hennepin County Sheriff or any city police officer. 5.23. Theafres -Cinema. Subdivision 1. License Required. No per- son shall engage in the business of keep- ing, maintaining, conducting or operating any moving picture theatre or cinema in the city without first obtaining a license. Subd, 2. Application. License applica- tions in writing shall be filed with the clerk on forms provided for that pur- pose. The application shall designate the place where business is to be carried on and shall be signed by the applicant. The sum of four dollars ($4.00) shall accom- pany.- each application, to be used for publication of a notice of such applica- tion. Subd. 3. License Fee. The license fee is $100.00 per year. Subd. 4. Notice of Application; Publics- tion. The clerk shall cause a notice of such application to be published once in the official paper of the city. This notice shall state the name of the applicant, the purpose for which the license is re- quested, the location of the premises in which the business of applicant, when li- censed, will be carried on and the time when such application will be presented to the council. Subd. 5. Objections to Issuance. Any per- son desiring to object to the issuance of a license may file his objection thereto in writing with the clerk or may appear personally and present his objections be- fore the council. Subd. 6. Approval and Issuance. The clerk shall present the application to the council and the council shall, at the same time or any subsequent meeting thereof, pass upon the application. The council may authorize the issuance of any license, subject to any conditions deemed necessary and expedient for the protection of the health and the general welfare of the city. Subd. 7. Condition. Governing Issuance. The following conditions govern the is- suance of a license pursuant to this sec- tion (1) No vaudeville show, performance or contest or any live performance shall be held or permitted under a license for any moving picture or show. (2) Not more than one license shall be issued in the city for each 20,000 of the actual population therein. Subd. 8. Duration of License. All licenses issued under the provisions of this section shall terminate on December 31st of the year of issuance. Subd. 9. Revocation. Any license issued under this section may' be revoked by the council with or without cause. In case of revocation, the council may, in its dis- cretion, make a refund to the holder of such revoked license. 5,24. Roller Rinks. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Operate" means to conduct, manage, s~.ipervise, maintain or keep. (2) "Roller skating rink" is a room, place or space open to public patronage where facilities are available for roller skating, where the public may partici- pate and at which admission may be charged to the public by requiring pay- ment directly or indirectly of an admis- sion fee or price, .including a fee for membership in a club, the price of food or payment. for any other form of amuse- ment offered in or from the licensed premises. Subd. 2. License Required. No person shall operate a roller skating rink within the corporate limits of the city without first having obtained a license. Subd, 3. Application and Fees.. Applica- tions for license shall be made in writ- ing to the clerk, shall be verified by,oath of the applicant and shall be accom- panied by the license fee. The application shall state the name and address of the applicant. If the applicant is a corpora- tion, the application shall also contain the name of its officers and directors, the location of the place where the roller skating rink will be operated, and such additional information as the clerk re- quires. Subd. 4, License Fee. The license fee required hereunder is $100.00 per year or fraction thereof. Subd. 5, Review and Approval. Each ap- plication shall be reviewed and approved or disapproved by the council. Subd. 6. Conditions Governing Issuance. The following conditions govern issuance of a license pursuant to this section: (i) The place to be licensed shall be properly ventilated and equipped with necessary toilets, washrooms and other such public facilities. It shall be main- tained in such manner that it is not like- ly to become a public nuisance nor det- rimental to public morals, (2) A roller skating rink shall be illu- minated while in public use. R o 11 e r skating while the lights are extinguished or lowered or daylight screened is pro- hibited. (3) No operator of a roller skating rink shall permit any person under the age of 16 years to be in or about the licensed premises at any time between the hours of 9:30 p.m, and 7:00 a.m. of the day next following, unless such per- son is accompanied by parent or guar- dian. (4) Roller skting rinks shall not be open ar used by the public between the .hours of 11:00 p.m, and 7:00 a.m., unless otherwise permitted by the council. No roller skating rink may be kept open and roller skating permitted between t h e hours of 1:00 a.m. and 6:00 a.m. (5) Every license issued pursuant to this section shall be posted in a conspicu- ous place in the licensed premises at all times during the effective period of the license. (6) All decorations used shall be of a fireproof nature. The owner or operator of licensed premises shall .not permit smoking on the skating floor. (7) No licensee shall sell or permit on the premises any malt beverage or alco- holic beverages of any kind. (8) The licensee shall provide and pay for the services of a special police of- ficer who shall be on duty on or about the premises during all times that the roller skating rink is open for business. Subd. 7. Marathons or Endurance Con- tests Prohibited -State Law. The pro- visions of Minn. Stats. 624.06 prohibiting marathons and endurance contests with certain stated exceptions shall apply to roller rinks operated within the city. CHAPTER V PART III -HEALTH, SAFETY AND GENERAL WELFARE 5.27 Licensing of Domestic Animals. Subdivision 1, Definitions. The following terms have the meanings ascribed to them in this section: (1) "Owner" means any person own• ing, keeping, harboring or having cus- tody ~of a dog or cat. (2) "Commercial kennel" means a place where more than two dogs or two cats .over six months of age are kept, and where the business of selling, board- ing, breeding,; showing, treating or grooming dogs or cats is conducted. (3) "Residential kennel" means a place where more than two dogs or two cats over six months of age are kept on premises which are zoned and occu- pies for residential purposes, and where the keeping of such dogs or cats is in- cidental to the occupancy of the premises for residential purposes. (4) A dog is "at l arge" when he. is off the property of his owner and not tinder restraint, (5) A dog is "under restraint" if he is controlled by a leash not exceeding six feet in length, or at heel beside a competent Berson having custody of him and obedient to that .person's commands, or within a vehicle being driven or park- ed on a public street or within the prop- erty limits of his owner's premises. An unattended dog on the property of an- other, without the consent of s u c h property owner, is "at large" and not under restraint, event hough he is on a leash. Subd. 2. License Required. No person shall own, harbor, keep or have custody of a dog or cat over six months of age within the city, unless a current license for such animal has been obtained as provided in this section. Licenses shall be issued on an annual basis. and shall _~ ..- - -:~/ 'PAGEr2'6-rTHF RICF#IEL® SUN-`OFfIGIA PU84••IrATIONFEFTY~FZRtENfiitti~D / be made for the whole or unexpired por- tion of the year ending on the 30th day of June next following the first effective day of the license. Subd. 3. License Fees, The license fee for each dog license is $3.00. The license fee for each cat is $1.50. The charge for a duplicate license for either animal is $.50 as provided in Subd. 8 of this section. Subd. 4. Late Penalty, If the license for a dog or cat is obtained while the dog or cat is impounded by the city, or after the required license period. has com- menced,there shall be added to the reg- ular license fee slate-license penalty of an additional $5.00 for each such animal; 'provided that any owner who acquires a dog or cat after the start of the license year, or any owner who has a dog or cat at the time of becoming a resident of the city, shall be allowed thirty days to se- cure alicense, without incurring the late- license penalty provided in this subdivi- sion. Subd. 5. Contents of Application. Appli- cation for a dog or cat license shall be made to the city clerk or to the pound keeper. It shall include such descriptive information as is necessary to provide reasonable identification of the animal and his owner. Subd. 6. Identification of Licensed Ani- mal. Upon the issuance of a dog or cat license by the .city clerk or the city pound keeper, the licensee shall be pro- vided with a metallic tag bearing the li- cense number, the word "Richfield," and 'the year when the license period begins or has begun. Except where the dog or cat for which the license is issued is in- doors on the premises of his owner, tfie animal shall have a collar or harness on which the license tag is affixed. No per- son shall counterfeit any such tag of this city or use a counterfeit tag. Subd. 7. License Nontransferable, A li- cense tag is nontransferable to any other animal or to a new owner for a dog or cat for which it is issued. Subd. 8. Replacement of Lost Tag, If any such tag is lost or stolen, the owner may obtain a new tag by surrendering the receipt for the first tag and by pay- ing the sum of $.50, Subd. 9. Dogs Not to be At Large. No owner shall permit his dog to be at large in this city, but shall keep such dog under restraint at all times. Subd. 10. Confinement When Necessary, The owner shall confine within a building or secure enclosure any fierce, dangerous or vicious dog, except when muzzled and in the control of a competent person. Every female dog or cat in heat shall b~ ~~nfined in a building, secure enclo- sure, veterinary hospital`or boarding ken- nel, or shall be controlled on a leash while being exercised, provided the ani- mal does not create a public nuisance. Subd. il. Public Nuisances. The keeping of a dog or cat which annoys other per- sons is a public nuisance and is unlawful. ofpsuch annoyancefbY the toccupants lof two or more neighboring properties, the city shall notify the owner of such dog or cat that the nuisance shall be abated within 48 hours. r^ailure to obey such no- tice is a violation of this section. Subd. 12. City Pound. The council may provide for ,a city animal pound, either within or outside the limits of the city. Subd. 13, Pound Keeper. If a city pound is established, the manager shall desig- nate the pound keeper and he may ap- point and deputize special officers to en- force this section. Such persons shall have police powers to cite owners of dogs or cats for violations of this section, to impound dogs or cats and to enforce the provisions of this section. Subd. 14. Enforcement Procedures. Such .officers as the manager shall designate to enforce this section may pick up and impound any dog or cat found not to be kept, confined or restrainted, or licensed in the manner required by this section. To enforce this section, such officers may enter upon private property where there is reasonable cause to believe that a dog or cat is on the premises and is 'not li- censed as required by this section, or that there is a dog or cat on the premises which is not being -kept, confined or re- strained, as herein provided, Any owner shall produce for inspection his dog or cat license receipt when requested to do so by such officer. Subd. 15. Quarantine. Any dog or cat that has bitten a person shall immedi- ately be impounded for at least 10 days and kept apart from other animals, under the supervision of a veterinarian, .until it is determined;~yhether,such,an}ma)i bad '~\ or has a disease which might have been transmitted by such bite. Such impound- ing may be done by the owner, and need ,not be at the city pound or any pound designated by the city, bit if it is not at the city pound or designated pound, the owner shall notify the pound keeper or the .police department immediately and shall furnish proof in writing that such dog or cat is being so impounded. Upon the expiration of 10 days, if it is deter- mined that the dog or cat does not have a disease which might have been trans- mitted by such bite, he may be released, and the pound keeper or police depart- ment shall be notified immediately prior to such release by the owner of the dog or cat. If the dog or cat is impounded at the city pound, it may be reclaimed as hereinafter provided. Any dog or 'cat which has been bitten by a rabid animal shall be euthanated or impounded and •kept in the same manner for a period of six months; provided that if the dog or cat which has been bitten by a rabid animal has been vaccinated at least three weeks before such bite and within one year of such bite and if it is again imme- diately vaccinated, then such animal shall be confined or impounded fora pe- riod of forty days before it is released. Thee owner of a dog or cat which has been bitten by a rabid animal shall noti- fy the city pound keeper or police de- partment immediately prior to the re- lease of any such dog or cat. Subd. 16: Dangerous Animals, If a dog or cat is diseased, vicious, dangerous, rabid or exposed to rabies and such dog or cat cannot be impounded after a rea- sonable effort or cannot be impounded without. serious risk to the persons at- tempting to impound it, such dog or cat may be immediately killed by or under the direction of an officer authorized to enforce the provisions of this section. Subd. 17. Treatment During Impoun ing, Any dog or cat which is impound in the city pound or designated pouf shall be kept, with kind treatment ax sufficient food and water, and sanita~ conditions, for the animal's comfort. the animal is not known or suspected ~ being diseased and has not bitten a pe: son or been bitten by a rabid anima it shall be kept in the pound for at .lea; five days, unless it is sooner reclaime by its owner. If such animal is know to be or is suspected of being disease with a disease which might be transmit ted to persons, it shall be kept in th pound for at least 10 days. Subd. 18. Redemption of Animals. Am dog or eat may be redeemed from the pound by the owner upon paying the fol lowing fees and charges: (1) The license fee for the animal, is the license has not previously been ob tained. (2) The late-license penalty, where a license has not been obtained within the time provided in this section. (3) The amount of the boarding fee which the city is required to pay to the pound keeper. (4) An impounding fee of $5.00. (5) A penalty of $5.00 if it is the second time that the animal has been impounded for a violation of this section; a penalty of $10.00 if it is the third time; and a penalty of $15.00 if it is the fourth time. ,Subd. 19. Disposal of Unredeemed , Ani- mals. The city pound keeper or desig- nated pound keeper shall make an effort to contact the owner of any dog or cat which has been impounded and which has identification on it, If at the end of the impounding period the dog or cat is not reclaimed by the owner, such ani- mal shall be deemed to have been aban- doned and may be disposed of or sold to any person following the procedures con- tained in Minn. Stats. 514.93 relating to the sale of unclaimed animals by vet- erinarians. If the animal is to be kept in this city, a license shall be obtained by such person before possession of the animal is- given to the purchaser. Subd. 20. Limit of Dogs on One Prem- ises, Not more than two dogs over six months of age shall be kept on any one premises except at a licensed commer- cial kennel or a licensed residential ken- nel. Subd. 21. Abandonment. It is unlawful for any person to abandon any dog or. other animal in this city. 5.28 Kennel Licenses. Subdivision 1. Definitions, The terms "commercial kennel" and "residential kennel" are defined in Section 5.27 of this chapter. Subd. 2. .License Required. No person shall operate a commercial or residen- tial kennel in this city without first ob- taining akennel license as provided in this section. Application for such license shall lie made to tt~e 9cty clerk and shat? ~. r•ck-. . ~ „ fee.aThe clerkeshall refer thel appli ation to the council, which may grant or deny the license. Licenses issued for kennels shall be on an annual basis. Subd. 3. Approval of Contlgu~ous Prop- erty Owners. A residential kennel license shall not be issued unless the application for such license is accompanied by the written approval thereof by~he occupants of all privately owned rea estate abut- ting the premises on which the kennel is to be located, Subd. 4. Revocation. Any kennel license may be revoked by the council by reason of any violation of this section by reason of the violation of any other provisions of this code or any order, law or regula- tion, Subd. 5. Notice acrd Hearing. Before re- voking akennel license the licensee shall be given notice of the meeting at which such revocation will be considered, and if the licensee is present at such meet- ing, he shall first he eiven ah onnor- tunity to be heard. Notice of such meet- ing shall be given to the licensee .in writing. Such written notice shall be mailed to the address of the licensee as set forth in the licensee's application for the kennel license, and it shall be mailed at least five days before the'date of the meeting at which such revocation is to be considered by the council. Subd. 6. Licerose Fees. The fee for a com- mercial kennel license is $50.00 per year or any fraction thereof. The fee fOr a residential kennel license is $10.00 per year or any fraction thereof. The resi- dential kennel license fee is in addition to the usual animal license fees provided in this chapter. Subd. 7. Sanitation. Kennels shall be maintained in a clean and healthful con- dition at all times, and shall be opeq to inspection by any health officer, sani- tarian, 'animal control officer or other at wholesale or retail, to lease or to pledge or accept as security for a loan, any firearm without first having pro- cured alicense. Subd. 3. Contents of Application. Appli- cation for a license shall be made to the city clerk on forms furnished by him: The application shall indicate the busi- ness name of the applicant, the business address, the name and home address of the proprietor, proprietors (if a partner- , ship) or of the president information as may be required. The application may be filed in person or by mail and shall be accompanied by the license fee. Subd. 4. License Fee. The annual license fee is $1.00. Subd, 5. Issuance - Review by Police Department. The application shall be re- ferred to the police department which. shall review the application and report. to the clerk with its recommendations within ten (10) days. If the recommen- dation is favorable and the clerk is with- out other good cause for denial, he shall then issue the license. Should the clerk determine that the applicant is nom- ' a suitable person to be licensed, the~ yy~~_ plicant shall be so notified in wi•i'fing within 10 days from the date of receipt of the report of the police department and the license shall be denied. Subd, 6. Revocation. Whenever any li- censee is convicted of a violation of this section, the police department shall noti- fy the clerk within forty-eight (48) hours after such conviction and the clerk shall revoke the licensee's license. In the case of appeal from such conviction, the clerk shall permit the licensee to continue business until final disposition of the case. Subd. 7. Duration of Revocation. A li- cense revoked under this section shall not be renewed within five years of the date of revocation. person charged with the enforcement of Subd. 8. Conditions Governing Issuance, this section, at all reasonable times. The following conditi Subd. 8. Reports to City. Each mon that a kennel is operated, the owner o such kennel shall report to the city man ager, accurately stating in writing th greatest number ,of animals kept on hi kennel premises during the preceding calendar month. Animals kept by a ken- nel in its capacity as the city pound need not be so reported. Subd. 9, Reports by Pound Keeper. The. city pound keeper or designated pound keeper shall account for and pay over monthly to the city all monies received by him on behalf of the city as license fees or other charges. The pound keep- er shall also give an accurate written report each month to the city, stating all licenses issued by him, all fees or other charges collected, all sales made, all dogs, cats and other animals im- pounded, the duration of any such im- poundment, all animals destroyed, and any other pertinent data relating to . ani- mal control which may be requested by the city manager. 5.29 Firearms. Subdivision 1. Definitions. The following .terms have the meanings ascribed to them in this section: (1) "Crime of violence" means mur- der, manslaughter, rape, mayhem, kid- naping, burglary, housebreaking; assault with intent to kill, ,commit rape or rob; assault with a dangerous weapon or as- sault with intent to commit any offense punishable by imprisonment for more than,'one year. (2) "Firearm" means any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of expanding gases. (3) "Fugitive from justice" mean s any person who has fled or is fleeing from any law enforcement officer to avoid prosecution or incarceration for a crime of violence or to avoid giving testi- mony in any criminal proceeding. (4) "Manufacturer or dealer" means any person engaged in the business of manufacturing, repairing or selling fire- arms at wholesale or retail, or of accept- ing or pledging firearms as security for loans within the city. (5) "Pistol" means any firearm with a barrel less than 12 inches in length (6) "Subversive organization" means any group, committee, club, league, so- ciety, association or combination of in- dividuals the purpose of which, or one of the purposes of which, is the establish- ment control, conduct, seizure or over- throw of the government of the United States or any state or political subdivi- sion thereof by the use of force, violence, military .measures or threats of one or more of the foregoing. Subd. 2. License Required, It is unlawful fQr~ anti:; manufacturer , or, dealer -ao deli :. .,., ~... ",~:~ir`.~.. ons govern issu- ance of a license pursuant to this sec- ~ tion: f (1) A true record shall be made by - each licensed manufacturer or dealer in e the form prescribed by the chief of police s of each firearm sold, pledged as security for a loan, transferred or otherwise dis- posed of at wholesale or retail. This re- cord shall contain a date of sale (or the dates of pledge and redemption for a loan), the caliber, make, model and manufacturer's number of the firearm and the name and address of the pur- chaser (or person depositing the fire- arm as .,security for a loan). Such re- cord shall be retained by the manufac- turer or dealer for a period of not less than three years following the date of such sale. dealer sha 1 transmit rto the c chief of police within 24 hours a notification of all sales of pistols made at retail, giv- ing the information required by para- graph (1) above. (3) All pistols must be securely wrapped and unloaded when delivered. (4) All licensees must be at least 21 years of age. (5) No person shall, in applying for a license as a manufacturer or dealer, give false identification or offer false evidence of his identity. (6) No dealer shall display any pis- tol, imitation thereof, or placard adver- tising the sale thereof where it can be readily seen from outside the premises. Subd. 9. Unlawful Disposition of Fire - arms, It is unlawful for any dealer to sell, lease, lend or otherwise transfer a firearm to any person who he knows or has reasonable cause to believe h a s been convicted of a crime of violence, is a fugitive from justice, is of unsound mind, is a drug addict or a habitual drunkard, or who is a member of a subversive .organization. 5.30 Fortune Tellers. and Related Trades. Subdivision 1. Definitions. The follow- ing terms have the meanings ascribed to them in this section: (1) ."Fortune teller" means any per- son who advertises by display sign, cir- cular, handbill, newspaper, periodical magazine, or other publication or by any other means, to tell fortunes or re- veal the future or who claims or pre- tends by means of occult or psychic power, clairvoyance, psychology, psy_ chometry, mediumship, prophtry, astrol- ogy, paImistry_ necromancy or 1 i k e means, cards, ta'ismans charms, po- tions, magnetism., magic or trick or device of any k`.nd, to tell fortunes, re- veal the future; or provide answers to questions relating to past events. Subd. 2. License Required, No person shall engage in the practice or business of 7 fortune teihn; or assigt in carrying ' ~ ~'t i i ~~ .1 ;~7 _ _ .. '~ _ _._~~,xa.~ ~...._ ..; _ IltiiAis`Plsl$~l~Afi~b1Nt'~1~''Y`t'~F~R1~tq!<P4CD='ftiE QIl3F~t~FfEi® 541P tiv~r~ ~ within the city for a d urge or compensation, ci~I ~avmg obtained a license. t f{ ~ents of Application. A n y mg a license shall make ap- the clerk. The application rately state the following in- e name and physical d:scrip- the applicant; omplete home and local address applicant and the address from h the proposed activity will be con- ted; 3) A brief description of the nature the business or activity to be con- 4y -~., ~_~ ~ ~ i `-_ +:, (4) The dates and hours of the day during which the activity will be car- ried on; (5} Two recent photographs of the ap- plicant, approximately 2~/z x 2~/a, show- ing the head and shoulders of the ap- plicant in a clear and distinguishable manner; (6) A statement as to whether or not t,~he applicant has been convicted of any ,c misdemeanor or violation oP any .ordinance, other than traffic ~ ` -nature of the offense and 7 or p e n a l t y assessed of the last five municipali- the applicant engaged in ng. ,icense Fees. The license fees Blows: For one day - $10; for ,t - $25; for one month - $50; ;'year - $300. p. Issuance - Review of Police -~ ~pa-.ment. The application shall be ,,~~bbmatted to the chief of police for in- ~stigation and recommendation. T h e c1eFk shall then submit the application to the council, which shall determine whether such application .shall be grant- ed. Subd. 6. Conditions. Governing Issuance, The following conditions govern issu- ance of a license pursuant to this sec- tion; (1) A license shall specify the dates and hours during which the licensee is authorized to conduct such activity and shall have attached to it a copy of the licensee's photograph. Only the person named in the license and the person in the photograph may conduct such ac- tivity pursuant to the license. (2) A license issued pursuant to this section is not transferable. (3) Activity under a license granted under this section shall be conducted only at the place and time authorized in the license. (4) The license shaII be posted in a conspicuous place in the room or lo- cation where such activity is being car- ried on. (5) The location or place where such activity is being carried on shall be open to police inspection at all times while such activity is being conducted. Subd. 7. State Law Mental Healing. Nothing in this section shall be inter- preted so as to limit or abrogate the provisions of Minnesota Statutes relat- ing to mental healing, including but not limited to Minnesota Statutes 146.16, 150.03, 14'7.10 and 150.03. 5,31. Private Detectives, P r o t e c t i v e Agents. Subdivision 1. Definitions, The following terms have the meanings ascribed to them in this section: (1) "Private detective" or "protective agent" means any person who renders services of patrolling, investigating, in- specting or watching any persons, build- ings, stores, residences or other prop- erty at regular intervals or from time to time. Subd. 2. Scope of this Section. ~ T h i s section is not applicable to regular em- ployees of owners or lessees of t h e premises served, nor to any federal, state, county or municipal peace offic- ers acting in the discharge of their of- ficial duties. Subd, 3. Registration of State Licenses. No person shall engage in the business of private guard or watchman within the city for a fee or reward without first registering with the clerk and fil- ing proof of his possession of a valid and current state license issued pursu- ant to Minnesota Statutes 326.331 to 326.339. Subd, 4. Contents of Registration. The registration shall contain the following in- formation: (1) The registrant's name, address,. age and sex and the name of the per- son in active charge of registrant's activities. (2) Each registration shall be accom- panied by sworn. statements of five residents of Hennepin County who are not related to the applicant and .who have known such applicant (if a corpo- ration, each officer and manager; if a partnership,. each partner) more t h a n five years, certifying that the applicant (officers, managers or paxtners) is of good character and that each statement in the application is true. (3) The registration shall state the exact nature of the business to lie con- dubted and such other information as the clerk. requires. (4) In lieu of this registration, the registrant may file a duplicate copy of his state license application. Subd. 5. Bond Requirements -Proof of Statutory Compliance. The regis- trant shall additionally file proof of the procurement of a surety bond as re- quired by Minnesota Statutes 326.333, in lieu of the procurement of a bond un- der this section. Subd. 6. Employees of Registrant, No person shall be employed by a regis- trant in the capacity of detective or agent until he has executed u n d e r oath and furnished a statement to be filed with the clerk setting forth the following information: (1} His full name, age and residence; (2) His business or occupation for the last three years; (3) Location of such business or occu- pation and name of employer; (4) Information pertaining to any fel- ony conviction in his personal history which would disqualify him from hold- ing alicense under Minnesota Statutes Section 326.331. (5) Such further information that the clerk may require. - Subd. 7. Police Authority for Licensee. No licensee shall be, by reason of his license, empowered to act as a munici- pal peace officer. Any licensee w h o represents himself to be a municipal peace officer by virtue of his license hereunder violates this section by such representation. CHAPTER V PART IV. VEHICLES AND TRANSPOR- TATION 5.34 Bicycles. Subdivision 1. License Required. No per- son shall operate or use a bicycle, pro- pelled wholly or in part by muscular power, in any city street, alley, or high- way without first obtaining a license. Subd. 2. Application and .Issuance. The clerk shall issue a license upon receipt of a completed application form there- for and the proper license fee. Subd. 3. •License Fee. The license fee is $1,00 for the entire period of the Li- cense provided in subdivision 4. Subd. 4. Duration of License. Licenses shall be issued for a period of five years. The remainder of the calendar year during which the license is issued will be considered the first year and the license shall expire on December 31st of the year which is four years after the end of the calendar year of issuance. Subd. 5. License Plates. The city shall issue bicycle license plates suitable for attachment to bicycle frames and shall maintain a registration card on each license issued. The license plate shall be attached to the licensed bicycle dur- ing the effective period of the license. Subd. 6. Destruction of License Plate, Any person who removes, destroys, mu- tilates, or alters any bicycle license plate during the effective period of the license is .guilty of a misdemeanor. Subd. 7. Sales of Licensed Bicycles. Any person who transfers ownership of any licensed bicycle shall report such trans- fer to the clerk within five days of such transfer. If the transferee is a c i t y resident, he shall apply for a new li; tense within five days of such transfer. Subd, 8. Restrictions on Bicycie Riding - State Law Adopted by Reference. The provisions of Minnesota Statutes Chap- ter 169 which are expressly applicable to bicycles and bicycle riding are hereby adopted by reference as if fully set forth herein. These statutory provisions and the provisions relating to bicycles in Chapter IX of this code govern the rid- ing of bicycles within the city. Wherever the city has provided sidewalks and bi- tuminous ramps adjacent to streets for the accommodation of bicycle riders, such sidewalks and ramps shall be re- garded as usable paths within the mean- ing of Minnesota Statutes 169.221, Subd, 4, paragraph (c). Subd. 9. Revocation. Violation of any of the provisions of this section or of any of the provisions adopted by reference in subdivision 8 shall be grounds for redo- rR.A~,~•t27 cation -of any license issued pursuant t this section. 5.35. Aircraft.. Subdivision 1. License Required. No per- son °shall use the surface of any field, park, lake, bads of water, parking lot, street or other place in the city for the take-off or landing of any aircraft or airplane without first having a license. Subd. 2. Contents of Application, Any person desiring a license shall make writ- ten application to the clerk stating the following: (1) The name and address of the appli- cant; (2) The name and address of the own- er of the aircraft; (3) A detailed description of the cir- craft; (4) The date, time and place for which the license is sought; (5) The amount of public Viability in- surance which is carried on such aircraft and the operator thereof; (6) Such other information as the man- ager may require to show the manner in which it is proposed that the aircraft be operated and the extent to which the public will be protected against loss or damage as a consequence of the pro- posed operation; (7) In eonnection with the statement as to insurance protection, the city may re- quire proof of insurance, apart from the application. - Subd. 3. License Fee. The application shall be accompanied by a license fee which is $25 for each day for which the license is sought. Subd. 4. Approval, Issuance and Revo. cation. The application shall be present- ed to the council, which may either grant ~or deny the same. If the council grants a license, it may impose conditions or limitations upon the granting thereof. Any such license may be revoked for failure to comply with this section or with any Iimitations or conditions so imposed. Subd. 5. Restrictions. No such landing or take-off shall be performed carelessly or heedlessly in disregard of the rights or safety of others or in such manner as to endanger or be>likely to endanger persons or property within the city. 5.36. Trailer Coaches and Trailer Coach Parks. Subdivision I. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Trailer coach park" is as defined in Minn. Stars, 327.14 et seq. (2) "Trailer coach" means any vehio• ular unit, with or without internal means of locamotion, which accommodates and provides living, quarters for persons and which commonly may be moved from place to place, ,Subd. 2. Registration of State License Required. Every person maintaining and operating a trailer coach park, as de- fined in Minn. Stets. 327.14 et seq., and having procured a license from the state pursuant to state lave, shall first register their state license with the city clerk before operating or maintaining a trailer coach park in the city. Subd. 3. State Law. Each registrant shall, comply with all of ~ the provisions of Minn. Scats. 327.14 to 327.29, and with the provisions of this section. Subd. 4. Guest Ftegistrration. Every per- son operating a trailer coach park in the city shall provide and maintain a suit• able guest register .for the registration of all persons provided with accommo- dations at the park. Upon arrival Hof ev- ery person the operator of such park shall require entry in such register of the name and address of such .person and every other person; if any, with him as a member of his party, the make of any motor vehicle and trailer coach, and the registration number and other iden- tifying letters er characters appearing on the official number plate including the name of the state issuing such offi- cial plate for arty motor vehicle or trailer coach. Such registration shall be kept in an accurate and orderly manner and re- tained for one year and shall always be kept accessible for inspection by city authorities. -, SuI?d. 5. Accuracy o•f Records. It is un- lawful for any person to make any false statement or false entry as to any mat- ter required to be recor^ed in tho regis- ter. Every person, upon arriving at such trailer coach park and applying for ac- commodations, shall furnish to the op- erator or other attendant in charge of such park the registration information necessary to complete his registration in accordance with the requirements of this section and shall not be provided with accomodations unless and until such information is furnished'. o Subd. 6. Fire Prevention. Each trailer coach in a licensed trailer coach park shalt be equipped with a fire extinguisher in useable condition, approved by the city fire department: The occupant - of a trailer coach is responsible for pro- viding an extinguisher for the trailer coach which he occupies. The fire mar- . shall or fire marshalls are primarily charged with the duty of enforcement :~f this section and may make such. inspec- tions as are deemed necessary for this purpose. Subd. 7. Speed Restrictions. It is unlaw- ful for any type vehicle to travel at a rate in excess of 10 miles per hour while within the limits of a trailer coach park. Subd. 8. Wheels and Gears. The wheels and running gear of every trailer coach located within a trailer coach park shall be left on the trailer coach. Subd. 9. Building Restrictions-General. It is unlawful to construct, erect, attach, or cause to be constructed, erected or at- tached, any enclosed room, wing, annex, entrance, porch or other similar structure to any trader coach in any trailer coach park in this city. Awnings or shades of cloth, canvas, or other similar fabric, which are readily collapsible and remov able in case of windstorm, fire flood 'or other emergency are not prohibited. Subd. 10. Building Restrictions - Foun- dations. It is unlawful to construct, erect attach or cause to be constructed, erect. ed, or attached any foundation, wall, embankment or other structure under, .around, or near any trailer coach in this city, or to otherwise impede the free movement or removal of any trailer coach. This section shall not be construed to prohibit the use of skirtings around the wheels and running gear of such trailer coach if such skirting is readily removable and will not tend to obstruct the movement or removal of such trailer coach in case of emergency. Subd. 11. Maintenance of Grounds. No animal washing, car washing or other similar pratices shall be carried on in any. building, structure, or other place not designated for such purposes, in any trailer coach park. No pets or domesti- cated animals are allowed to enter the buildings containing the sanitary or wash- ing facilities for the trailer coach park; nor are they allowed to run at large, but must be attached to a leash at all times when out of doors, or kept within a fenced area or otherwise controlled. CHAPTER VT -COMMERCIAL BUSI- NESS AND TRADE REGULATION AND LICENSING. 6.01 Restaurants, Food Es?ablishments and Food Vending Machines. r Subdivision 1. Scope of Section, This section goberns the operation and main- tenance of all restaurants, food establish- ments and food vending in the city. The regulations contained in this section su- percede any other provisions of this code adopted by reference covering the same subject matter. Subd. 2. Definitions, The following terms have 'the meanings ascribed to them in this section: (1) ``Adulterated Food" means any ---.....-.- food which (a) bears or contains any poisonous or deleterious substance which may be injurious to health, provided, however, if such food bears or contains any such substance added thereto or found therein for which a safe tolerance or standard has been established by law- ful regulation or law, such food shall not be adulterated food if such substance is not in excess of such tolerance or stand- ard; or (b) consists iri whole or in, part of_ any filthy, putrid, decayed or decom- posed substance, or consists in whole or in part of the product of a diseased ani- mal, or an animal which has died by accident, disease, or otherwise than by slaughter; or (c) is contained in an im- mediate package which is composed of any poisonous or deleterious substance which may render the- contents injurious to health. (2) "Bactercidal Treatment" means the application of a method or substance for the destruction of all pathogens and to reduce all other micro-organisms to meet the required bacteriological standards of this ordinance, and which does not ad- versely affect the user. sils and equipment of the food or the health of the consumer. (3) "Bakery rood Vehicle" means any. food vehicle used to transport bakery goods about the streets for the purpose of sale of such foods from door to door. (4) "Catering Food Vehicle" means any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer, or ~: n y food vehicle wherein food is prepared for sale or service to the consumer. (5) "Clean" means free from physical, ~~...~ %~ _ _ j PAGE 28-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD chemical, and microbial substance dis- cernible by ordinary sight or touch, by ultraviolet light, or by artificial light and the saffranine-o dye test, and free from insects, vermin, and debris. (6) "Employee" means any person who renders personal service, with or without compensation, within a f o o d _ establishment. (7) "Family" means an individual liv- ing alone or two or more persons re- lated by blood, marriage or adoption, living together in a single residence ~.-,- unit. (8) "Food" means any raw, cooked or " processed substance, beverage or in- --- gredient used or intended for use in whole or in part for human consume- tion. The term :`food" further includes ice and water. '~ (9) "Food Contact Surfaces" means -~ those surfaces of the equipment a n d utensils with which food normally comes into contact or may come into contact. (10) "Food Establishment" means any building, room, stand, enclosure vehicle, space, area, or other place wherein food is stored, prepared, manufactured proc- essed, wrapped, canned, packed, bot- tled, transported, distributed, or served as a business, whether or not the food is consumed on the premises. (11) "Food Vehicle" means any food ' establishment consisting of a mobile ve- hicle which hauls any food for the pur- pose of delivery or sale. (12) "Health Officer" means the health officer of the city or his authorized rep- -~_ resentative. (13) "Home Prepared Food" means any food which has been processed or prepared in a place other than a li- censed food establishment or a f o o d establishment exempted from licensing requirements of this section in Subdivi- Sion 8. (14) "Itinerant Food Establishment" means a food establishment operating for a temporary period, including but not limited to a fair, carnival, circus, church supper, or public exhibition. (15) "Misbranding" means the use of any written, printed, or graphic mat - ter upon or accompanying products or containers of food, including signs, or placards., displayed in relation to such • products so dispensed which is false or misleading, or which violates any local, state or federal labeling requirements. (16) "Perishable Food" means f o o d "consisting of fresh fruits, such as ap- ples, bananas, oranges and grapefruit or consisting of fresh vegetables, such as lettuce, corn, carrots, beans, radishes, onions, and potatoes. The enumeration herein of specific items is only for pur- poses of illustration and shall not be deemed to be a limitation upon t h e meaning of the term illustrated thereby. (17) "Person" means any natural per- son, firm, corporation or association, a::~., with respect to acts prohibited or required herein, shall include employees and .licensees. (18) "Pre-Packaged" means whole- some food packaged in a substantial, clean container or wrapped in a licensed and inspected food establishment meet- ing all of the requirements of this sec- tion. (19) "Readily-Perishable Food" means ------ any food consisting in whole-or in part of milk, milk products, eggs, meat, fish, poultry or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxication. How- ever, packaged food in hermetically sealed containers, dehydrated packaged food, and dry or powdered packaged food so low in moisture content as to pre- elude development of micro-organisms are excluded from the terms of t h i s definition. (20) "Readily-Perishable Food Vehi- cle" means any food vehicle, except c<.- tering food vehicles and bakery food vehicles, which is used. to transport readily-perishable foods as herein de- fined within or into the city for delivery therein. (21) "Retail Candy Shop" means a food establishment where unwrapped candy, not manufactured therein, is sold or offered for sale to the consumer. (22) "Safe Water" means water which. is not adulterated and which is f r e e from pathogens and coliform organisms. (23) "Safe Water Supply" means a source of safe water from either the municipal water system or a source of water, the operation, location and con- struction of which have been approved by the Minnesota State Board of Health. (24) "Sanitarian" means the sanitari- an of the city or his authorized repre- sentative. The sanitarian is the author- ized representative of the health officer, serving under his supervision and direc- ~,, -~_ , tion. ,x(25) "Single-Service Utensils" means .•~utensils which are used only once then destroyed. i) "Smooth"• means having, an even th. , it Ts _' " surface, free of crack: , chips, o p e n seams, rust, corrosion, breaks, pits, checks, and ridges. (27) "Smooth" (with reference to equipment and utensil surfaces) in ad- dition to the definition of smooth here- in, means a surface which, in the case of stainless steel, nickel alloy or other corrosion-resistant metal, has at least a No. 4 mill finish; or, in the case of cast and forged steel and cast nickel alloy, has roughness not exceeding Amer- ican Standard No. 125; or, in the case of other non-corrosion-resistant alloys, is at least as smooth as commercial grade rolled steel and is free of loose scale. (28) "Utensils" means all kitchenware, flatware, tableware, dishes, glassware, cutlery, pots, pans, containers, imple- ments or other equipment with which food comes in contact during storage, cooking, preparation, display or serving. (29) '`Vending Machine" means a n y type cf mechanical device whch operates by the insertion of a coin, or other to- ken, and which delivers, or permits the removal, from such machine of a n y food. "Vending Machine" also includes any type of machine or containers such as a locker or freezer, from which pre- packaged ice may be removed and sold to the public, whether or not such con- tether is coin-operated. (30) "Wholesome" means sound, healthful, clean and in all ways fit for human consumption. Subd. 3. L'acenses Required. No person shall operate a food establishment, ca- tering food vehicle, bakery food vehicle, readily-perishable food vehicle, retail candy shop, itinerant food establishment or vending machine in the city with- out first procuring a license from the. sanitarian. Such license shall be posted in a conspicuous place, Only persons who comply with the requirements of this section shall be entitled to receive and retain such a license. Subd. 4: Identification of Food Vehicles. All food vehicles shall be identified with the name and location of the processor in letters at least four (4) inches high on each side of the trailer or box. When deliveries are made by anyone other than the processor, the phrase "Readily- Perishable Foods" four (4) inches in size shall appear on each side of the vehicle in addition to the name of the delivering agent. Subd. 5. Food Establishment License - When Not Necessary. Where the busi- ness consists only of a catering food vehicle, bakery food vehicle, readily- perishable food vehicle, retail candy shop, itinerant good establishment, or vending machine, a food establishment license is not additionally required. Subd. 6. Suspension and Revocation. The city manager or sanitarian, acting con- currently, may suspend the license of any food establishment or other type of operation requiring a license under the provisions of this section, if the opera- tor of such establishment. or business is found to be in violation of the provi- sions of this section: Such suspension shall be effective until the next regular meeting of the cotmcil, at which time the council shall consider whether such license shall be permanently revoked or reinstated. At the council meeting at which such revocation or reinstatement is considered, the licensee shall be given a full opportunity to be heard. Subd. 7. Contents of Application for Li- cense. The applicant shall state the fol- lowing in the application for a license: (1) His name; (2) His business address, if any, and his home address; (3) The address of the premises t~o be licensed, or the address of the premises where the vending machine is to be located or the food vehicle i~ to be kept; (4) The type of business to be con- ducted on the premises, or the kind of food to he sold by the vending machine, or the use to be made of the food ve- hicle and the general area where it is to be operated; (5) A general physical description of the premises, vending machine or food vehicle; (6) The identifying serial number of the vending machine or food vehicle; (7) The supplier of the articles to be sold in the vending machine, and the ad- dress of the premises where the articles to be sold by the machine are placed in the machine, unless the machine is to be filled where it is located; and (8) A list of all food licenses or per- mits held by the applicant at the time of application in any municipality in any state, or issued to him during the pre- ceding three years, with a statement of the facts concerning the suspension or revocation of any of such licenses or per- mits during said period. Subd. 8. License Fee Exemptions. The following exemptions from the licensing provisions of this section shall be ob- served. (1) Vending machines operated by the insertion of a coin or token having a val- ue of less than ten cents (10 cents) are exempt from the licensing requirements of this section. (2) Food services in governmental sub- divisions, charitable institutions, houses of worship, homes for the aged, child- care homes, schools, charitable and non-. profit hospitals, and employee coffee shops are required to apply for and ob- tain alicense, but are not charged a fee therefor, but are subject to all other re- quirements of this section; provided that any food vending machine located in any such establishrent must be owned by the establishment in r,rder for any license fee thereon to be issued. Subd. 9. License Fees. Fees for licenses issued hereunder are as follows, (1) Food establishment: $25.00 per an- num, plus $5.00 for each additional facil- ity on the same premises, as set forth above with respect to food establish- ments. (2) Itinerant food establishment: $15.00 per annum. - (3) Retail candy shop: $25.00 per an- num, plus $5.00 for each additional facil- ity on the same premises, as set forth above with respect to food establishmen (4) Readily-perishable food vehicle: $5.00 per annum, providing that a "fleet vehicle" license for more than one read- ily-perishable food vehicle may be issued, and the annual fleet vehicle license fee is $15.00 per annum. d5) Baker food vehicle: $15.00 per an- num. (6) Catering food vehicle: $100.00 per annum, plus $5.00 per annum for each additional catering food vehicle under the same ownership and operation. (7) Vending machine: for each ma- chine dispensing food, and requiring a coin or token, $5.00 per annum; for all other machines, $5.00 per annum for the first food dispensing unit of the machine, and $5.00 per annum for each additional food dispensing unit of the same ma- chine, but not to exceed $50.00 for any one machine. The license fee for ice vending. machines is $10.00 each. Subd. 10. Inspection and Correction. (1) Inspections Outside the Corporate Limits of the City. The sanitarian, upon prior authorization by the city manager, shall inspect food establishments situated outside the corporate limits of the city which sell or offer for sale, or distribute any food to persons licensed under this section. The fee for such inspections shall be equal to the total of the actual cost of salary paid the sanitarian by the city for the number of hours necessarily spent in each such inspection, and the cost of transportation incurred or expended by the sanitarian for mileage at the rate of nine cents (9 cents) per mile actually traveled from the city hall or last place of inspection, whichever is less, and re- turning to the city hall. The sanitarian. shall report the cost of such inspections to the director of finance, who shall ren- der statements for such inspection costs to the licensee who obtains food from such source outside the city limits, and the licensee shall nay within ten days the amount claimed in the statement to the city. The sanitarian may also accept the reports of other governmental food inspection agencies, if he deems them satisfactory. (2) Inspection of Food Establishments. The sanitarian shall inspect every food establishment as frequently as he deems necessary to insure compliance with this s°ction. (3) Correctians of Violations. All own- ers or operators of food establishments served with a report giving notification of one or more violations of this section are to remove or correct the violation so listed within not more than three days after receiving such report. Subd. 11. Seizure, Tagging and Condem- nation of Food, Equipment and Utensils. Samples of food and other substances may be taken at any food establishment and examined by the sanitarian at any reasonable time and as often as may be necessary for the detection of misbrand- ing, unwholesomeness or adulteration. The sanitarian shall seize any food that he has cause to believe is misbranded or adulterated, or any equipment, clothing or utensils found in a food establishment, the use of which does not comply with this section, by placing a tag thereon, and also may in similar manner seize any equipment, clothing or utensils which are unfit for use by reason of dirt, filth, .extraneous matter, insects, corrosion, open seams or chipped or cracked sur- faces. Subd. 12. Seizure Tags -- Form. Such a seizure tag shall be printed and read; as follows: "Richfield Health Department Seizure - Use Forbidden Pending Investigation -- Date Sanitarian .... Released by Date Name: Title (Return this portion of tag to Richfield Health Department)" Subd. 13. Removal of Tag Prohibited. No person shall remove such tag from any article of food, equipment or cloth- ing, or any utensil to which it is attached, or remove or use such food, equipment, clothing or utensils so seized except by direction of the sanitarian. At the end of the period of investigation, the sani- tarian shall condemn and cause to be removed or destroyed, as provided for in this section, any food, equipment, clothing or utensil which has been so seized and which does not comply with the provisions of this section, provided.. however that in the case of misbran;Iing, which can be corrected by proper'label- ing, such food may be released to the owner or person in charge for proper labeling, under the supervision of the sanitarian. Subd. 14. Condemnation Procedure. The following steps shall be followed in cqn- demning food pursuant to this part: (1) Condemnation of Food. The sani- tarian may condemn and forbid the sale of, or cause to be removed or destroyed, any food which is unwholesome or adul- terated, unfit for human consumption, or otherwise prohibited by this code, or state or federal law. (2) Condemnation of Equipment, C4oth- ing and Utensils. The sanitarian may condemn any equipment., clothing or utin- sils found in a food establishment, the use of which does not comply with this sec- tion, or which is being used in violation of this section; and may also condeon any equipment, clothing or utensils which by reason of dirt., filth, extraneous mat- ter, insects, corrosion, open seams, or chipped or cracked surfaces is unfit for use. (3) Condemnation Tag. The sanitarian shall place a tag of condemnation upon the food, clothing, utensils and equip- ment which tag reads as follows: "Richfield Health Department Condemned Date Sanitarian " Subd. 15. Transport or Sale of Unhealth- ful Food Prohibited. It is unlawful for any person to transport within or into the city, or sell or offer for sale in the city, any food which is not wholesome or which is adulterated. Subd. 16. Unhea'Ithful Food Required to be in Garbage Cans. It is unlawful for any person to permit any unwhole- some or adulterated food to be or re- main in any food establishment unless such food is placed in a garbage can or garbage receptacle, and the presence of unwholesome or adulterated food in any food establishment and not in a garbage can or garbage receptacle is prima facie evidence of the intended sale thereof as food. Subd. 17. Intinerant Food Establish- ments. The requirements of this section are applicable- to itinerant food estab- lishments; provided however, that sub- situte facilities located outside the food establishment and other substantially equivalent substitute facilities within the food establishment are provided with re- spect to the following specific physical facilities; mechanical ventilation, toilet facilities on the premises, facilities for garbage can washing on the premises, and dressing rooms or lockers for em- ployees on the premises. Before com- mencing operations of any kind, the li- censee hereunder shall notify the sani- tarian that such food establishment is ready for final inspection, and the sani- tarian immediately shall make an in- spection and issue a report thereon, and no itinerant food establishment shall commence operations until the require- ments of this section have been met in accordance with the sanitarian's final inspection reports. Subd, 18. Structural R~guiafions-Floors. The following are minimum require- ments: (1) Floors Ke~.t Clean. All floors in all food establishments are to be kept free from insr.cts, vermin, debris and dirt. Floors ire to be cleaned at the end of each day's operation. (2) Floor Construction. The floors of all food-preparation, utensil-washing, and _ ~.~ OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 29 garbage-storage areas, dressing or lock- er rooms, and walk-in refrigerators are to be constructed of durable, non-absor- bent, easily cleanable materials, such as but not limited to concrete terrazzo, quarry tile, ceramic the or tight evood covered with a durable ~ grade of lino- leum or plastic, or impregnated with plastic. In areas subject to spilling or dripping of grease or fatty substan- ces, any floor covering used shall be such as to withstand these conditions. Floor drains, where used, shall be grad-~ ed to the drain or drains. The use of sawdust is prohibited, (3) Interior Dining Areas. The floors of interior dining areas are to comply with paragraph 2 of this section; pro- vided however that floor carpeting may be used in these areas if such carpeting is in good repair and is kept clean. (4) Exterior Ground Surfaces. T h e walking and driving surfaces of all ex- terior areas where food is served, such as but not limited to drive-in restau- is~~nn~tzc, sidewalk cafes, patio service, cYTScFCwagon service and barbecues shall be kept clean and free of debris, and shall be drained so' that water will pat accumulate. These areas are to be hard surfaced with concrete, asphalt, or oth- er similar material which is free of cracks, dust frees smooth surfaced and impervious to water. (5) Storage Areas. The floors of dry tr• - food non-refrigerated storage areas shall be constructed of tight wood, concrete and wood covered with asphalt tile, or ~ ~ ~'~ similar material. Floors in frozen food ~i ~~~ y.rtorage areas are to be constructed of $ concrete, the or other material imper- vious to water. Q~ {~ (' ~: (6) Mats or buckboards. Mats or duck- boards, if used, are to be limited to use in food preparation and utensil wash- ing areas and shall be designed and con- structed in size, shape and weight, so as to permit easy removal for clean- ing, and are to be kept clean. (7) Coved Corners. All floors hereaf- ter constructed or extensively recon- structed in food preparation or uten- sil-washing areas shall be coved at the junction of the floors and walls, at 'the junction of the floors and the risers of masonry curbs, and at the junction of the floors and equipment placed on the floors. Subd. 19. Structural Regulations -Walls and Ceilings. The following are rnini- mum requirements: (1) Walls and Ceilings .Kept Clean. Walls and ceilings in all food establish- ments shall be kept clean and in good repair. (2) Surfaces. The walls of all food- preparation, utensil-washing, hand-wash- ing, refrigerated-storage, toilet and gar- bage-storage rooms shall have a smooth light-colored surface which is imprevi- ous to water up to the highest level reached by splash or spray. Acoustical material may be used above this level, provided ventilation is adequate to mini- mize grease and moisture absorption. (3) Coverings. Wall covering materi- als, such as but not limited to sheet metal, linoleum plastic and paper, shall be securely attached and sealed to the wall or ceiling. - (4) Protrusions. Studs or rafters shall not be exposed in walls or ceilings of food preparation, utensil-washing or toilet rooms. Light fixtures, fans, hoods, decorative material and other similar equipment attached to walls or ceilings shall be kept clean. (5) Doors and Windows. From April 1st too November 1st of each year, all openings standing open to the outer air including, but not limited to, doors, win- dows, skylights and transoms, are to be screened with tigth-fitting screens of not less than 16-mesh wire or plastic cloth, free of holes. All doors and screen doors opening to the outer air shall be self-closing and shall open outward; pro- vided, however, in lieu of meeting the foregoing requirements, fans of sufficient. power to prevent the entrance of flies may be used at otherwise unprotected openings. Subd. 20. Structural Regulations - Light- ing. The following are minimum require- ments: (1) Food Preparation and U t e n s i l Working Areas Lighting. Natural and supplemental artifical light source s shall be provided which furnish at least 30 foot candles on all working a n d equipment surfaces in food preparation and utensil-washing areas during all times when the area is being used or cleaned. (2) Other Areas. All areas, except din- ing rooms and working and equipment surfaces, as mentioned in paragraph 1 of this subdivision, shall be provided with at least 5 foot candles of light at a distance of 30 inches from the floor. Subd. 21. Structural Regulations - Venti- lation. The following are minimum re- quirements: (1) Verrti'lation Required. All areas in every food establishment shall be well ventilated and free of disagreeable or excessive odors, condensation, vapors, smoke and fumes. (2) Local Exhaust. Mechanical local exhaust ventilation shall be installed on or over all fixed equipment which pro- duces odors, grease or smoke, including but not limited to ranges. griddles and deep-fat frying units. (3) Inlets and Make-up Air. Air inlets shall be provided which are of sufficient capacity to supply replacement of ex- hausted air; provided that the summary calculation for exhaust and make-up air for the kitchen leaves the kitchen under a slight negative pressure a n d the balance of make-up air for the kitch- en shall be supplied from the dining area. Air inlets .and all ducts shall be located so as to provide a thoroughly uniform air movement throughout a 11 rooms and areas. Air inlets located on the outside of the building shall be lo- ~ated at least 12 feet off the ground, and shall not be located within 30 feet of plumbing vents or other exhaust vents. Inlets shall be equipped with fil ters which prevent the entrance of in- sects and excessive dust, dirt or any other contaminating materials. Subd. 22. Structural Regulations - All Hoods. The following are minimum re- quirements: (1) All hoods for food preparation equipment shall have welded or soldered joints and be free of any openings or holes. (2) All hoods shall have grease col- lecting troughs under the filters which eliminate the dripping of grease from such filters onto food, utensils or equip- ment. (3) All hoods are to be equipped with low velocity filter grease removal sys- tems. Such filters shall be installed at an angle of forty-five degrees to sixty degrees with the horizontal in the hood. A filter velocity of not less than two hundred nor more than three hundred linear feet per minute shall be provided at all times the hood is in use; pro- vided, however, any other grease re- moval process or equipment of equal effectiveness may be used, provided the licensee submits to the health depart- ment of the city evidence showing in de- tail the procedure or process and the effectiveness thereof. Subd. 23. Structura'I Regulations-Canopy Hoods. The following are minimum re- quirements: (1) Heights. All canopy hoods shall overhang all cooking and baking equip- ment aminimum of one foot and shall be provided with a grease trough around the perimeter which eliminates t h e drippings of grease from such hood onto food, utensils or equipment. (2) Outlets. Long hoods shall be pro- vided with outlets on six foot centers, and hoods with multiple outlies shall have manual air volume dampers. Cleanouts shall be provided in all duct work at ten foot intervals and at all ninety degree bends and shall be of suf- ficient size to allow cleaning for a. dis- tance of five feet on either .side of such cleanouts. Cleanout covers shall be fas- tened in a manner to provide an air- tight fit. (3) Canopy Hoods Exhaust Require- ments. All canopy hoods shall be provid- ed with equipment having an exhaust ventilating capacity, expressed in cubic feet of air per minute in an amount determined by the .following formula: The quantity of air expressed in cubic feet per minute from all canopy hoods shall be determined by multiplying 100 linear feet per minute by the number of square feet of the face area of the hood, or 50 linear feet per minute mul- tiplied by the exposure perimeter in feet and this figure multiplied by ~ the distance in feet between the under sur- face of the hood and top of. the cooking unit, whichever is greater. (4) Wan-Canopy Hoods Exhaust Re- quirement. All non-canopy hoods are to be provided with equipment having. ex- haust ventilating capacity which pro- vides an air velocity of 50 feet per min- ute at the outside edge of the cooking or processing equipment. (5) Area Requirements. A11 food estab- lishments shall provide a complete change of air every two minutes in all food preparation areas. Accomplishing this by exhausting air through the hood, to the extent it is effective, constitutes compliance in whole or in part. (6) Fresh Air. Fresh make-up a i r shall be provided in the dining area in amounts according to the following: 25 cu, ft. per minute of fresh make- up air for each person, if the seat- ing capacity provides 100 cu. ft. of space per person. 20 cu. ft. per minute of fresh make- up air for each person, if the seat- ing capacity provides 200 cu. ft. of space per person. ' 15 cu. ft, per minute of fresh make- up air for each person, if the seat- ing capacity provides 300 cu. ft. of space per person. 10 'cu. ft. per minute of fresh make- up air for each person, if the seat- ing capacity provides 400 cu. ft. of space per person, (7) Hood Ducts. All hood ducts shall be designed and constructed with a min- imum duct air velocity of 1800 linear feet per minute. All hood ducts shall be constructed of No. 18 U. S. Gauge steel or heavier, or No. 20 U. S. gauge stain= less steel or heavier, and all seams shall be welded. Sections of duct not welded at joints shall be bolted togeth- er with airtight gasket material. Fire dampers shall be provided when the ducts go through one-hour-or-more fire- resistant walls or ceilings. Any d u c t work within 18 inches of any combus- tible material shall be insulated with high temperature insulation. (8) Fan Sizing. Any formula used for computing fan size is to take into ac- count the following resistances: (a) Accelerating force; (b) Loss in ducting; lc) Hood entrance loss; (d) Resistance to filters and win d pressure at exhaust. (9) Building Code. Ventilating facili- ties shall be provided in accordance with the requirements of the building regulations of the city contained in Chapter III, in addition to the require- ments of this section. {10) Pans 'on Hoods Prohibited. The use of pans to cover the face of any hood is prohibited. Subd. 24. Structural Regulations -Toilet Facilities. The following are minimum requirements: (1) Kept Clean and Ventilated. Every food establishment except food vehicles shall be provided with water flush toi- let facilities which shall be kept clean and in good repair and free from flies, insects, and offensive odors, and shall be ventilated in accordance with the re- quirements contained in Subdivision 23 of this section. (2) Location. Toilet facilities shall be so located as to be convenient for use by employees, and so that employees are not required to use more than one floor-to-floor stairway to and from such facilities. Toilet facilities shall be located in the same building as the food estab- lishment and shall be kept unlocked and available to employees at all time s when the food establishment is in op- eration. (3) Water Closets. Water closet seats shall be of open front design; water closets and urinals shall be clean, free from stain and offensive odors. (4) Supplies and Receptacles. A sup- ply of toilet tissue shall be provided at each toilet at all times. Easily clean- able receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women are to be covered. Such receptacles are to be emptied at sufficiently frequent inter- vals to prevent excessive accumulation of waste' material. (5) Doors and Vestibules. T o i l e t rooms shall be provided with door s which are of solid construction, self- closing, and shall not be left open ex- cept during cleaning or maintenance. Vestibules shall be kept in a clean con- dition and in good repair, and shall be adequately lighted and ventilated. Subd. 29. Structural Regulations -Water Supply and Ice. The following are mini- mum requirements: (1) Safe Water and Safe Water Sup- ply. A supply of hot and cold running water under pressure from a safe wa- ter supply shall be provided in all food establishments except food vehicles which handle only pre-packaged food or which handle meat being transported in the manner provided by state law and regulations. (2) Running Water. Safe water, both hot and sold, running under pressure, shall. be provided in all areas where food is prepared and where utensils, equipment, containers or hands a r e washed. (3) Sources. All water shall be drawn from the municipal water system, pro- vided however, a water supply located on the premises may be used if the ogeration, location and .construction have been approved by the Minnesota State Board of Health. The licensee in such case shall make arrangements at his expense for chemical and bacterio- logical analysis of the water, and this analysis shall be done at intervals of not less than once each month. A copy of each of these regorts shall be sub- mitted by mail directly from the Tabora- tory to the health department of the city immediately upon completion •of the laboratory work. (4) Dipping and Common Drinking Cups. The use or providing of common drinking cups and the dipping of wa- ter from containers is prohibited. (5) Transporting Drinking Water. Wa- ter transported for drinking purposes shall be safe water and from a safe water supply. (6) Containers for Transporting Drink- ing Water. A11 containers including but not limited to tank trucks, cans and bottles, which are used in transporting water from the source to the point of use are to be of such material and con- struction as to facilitate cleaning. All openings into, and all water contact sur- faces of such containers shall be pro- tected from contamination. All s uc h containers shall be clean and shall be subjected to bactericidal treatment im- mediately prior to each use. (7) Equipment for Bottling Water. Hoses used for filling tanks, cans, bot- tles and other water containers .shall be kept clean and shall be handled in such a manner as to prevent contami- nation of the water, the nozzle, or any part of the hose which may come into contact with the inside of the container. Hoses are to be cleaned and subjected to bactericidal treatment immediately prior to each use. (8) Ice. All ice shall be manufagtured only from safe water which has been obtained from a safe water supply. Ice shall be handled and transported in sin- gle service containers, or in utensils which are clean and which have been s u b j e c t e d to bactericidal treatment. Buckets, scoops, and ice containers, unless they are single-service utensils, . shall be made of a smooth, impervious m a t e r i a 1, and designed to facilitate cleaning. They shall be clean at all times. Canvas containers are not to be used. If ice crushers are used, they should be easily cleanable. They shall also be maintained in a clean condi- tion and be subjected to bactericidal treatment before use and be covered when not in use. Subd. 26. Structural Regulations - Lava- tory Facilities. The following are mini- mum requirements: (1) Required Equipment. Every food establishment, other than itinerant food establishments and food vehicles, han- dling only pre-packaged food or which transport meat in the manner provided by state law or regulation, shall be provided with lavatory facilities with hot ~ and cold running water, hand cleansing j compound and sanitary towels or hand J drying devices. Such facilities s h a 11 direct waste into the municipal sewer system. (2) Location: Faucets. One or more lavatories with mixing faucets shall be located within ail toilet rooms or vesti- bules, and shall be installed in accor- dance with this code, and the laws and regulations of the State of Minnesota. (3) Cleansing Compound, Towe'Is and Receptacles, A supply of hand cleansing compound shall be kept ,available at each handwashing facility. Common towels for use by more than one per- son are prohibited. At least one waste receptacle shall be located near each handwashi~ng facility. (4) In Food Areas. In all food estab- lishments -a lavatory with mixing f~u- Gets shall also be located in the imme- 1 diets food preparation area within 50 feet ^f each location at which food is ~ handled or prepared. This distance re- quirement applies to large preparation areas and to establishments with more than one preparation area. (5) Kept Clean. Lavatories and sur rounding areas shall be kept clean and in good repair. ; (6) Food Vehicles: Food vehicles with lavatory facilities shall dispose the liquid. waste into a receptacle carried on the vehicle for that purpose. The liquid - waste ultimately shall be disposed into the municipal sewer system in such a manner that a nuisance is not created. Subd. 2't, Food Establishments-Required Equipment. , (1) Generally. Every food establish- t ~- , :r::-- .~ PAGE 30-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD ment shall be provided with equipment so designed, constructed, installed, lo- cated and maintained as to permit full compliance with the provisions of this section, and the following equipment shall be provided, where applicable, to the operation therein conducted. (2) Temperature Control Equipment. Hot ford storage facilities, display facil- ities and refrigeration facilities are re- quired to maintain all readily-perishable foods at temperatures required in this section during food storage preparation. transportation, display and serving op- erations. (3) Thermometers. E a s i l y readable thermometers capable of indicating tem- peratures to an accuracy of two decrees Fahrenheit shall be permanently affixed within all walk-in coolers, freezers, re- frigerat~rs, fountain coolers, and salad table coolers, and at least one similar movable check thermometer shall be provided for use with all facilities cov- ered in this section. (4) Food Preparation Equipment. Food preparation equipment, including but not limited to sinks with running water, waste disposal units or containers, shall be provided and located so that all foods requiring washing, peeling, trimming or soaking can be cleaned before being pre- pared and served. In new or extensively altered or remodeled food establishments separate sinks or vats for this specific purpose shall be provided. Sinks and vats used for washing and bactericidal treat- ment of utensils and equipment shall not be used for vegetable preparation. (5) Displayed Food Storage. Counter protector devices, cabinets, display cases, containers and similar equipment for pro- tecting all displayed foods against con= tamination from customers or from oth- er sources shall be provided if food is to be served in this manner. (fi) Flatware Storage. Facilities de- signed and maintained to present the handle of the flatware to the customer, and to cover or protect the portion of the flatware which comes into contact with the customer's mouth shall be provided if customer self-service flatware is used. (7) Food Service Utensils. Tongs, spoons, scoops and similar devices for handling of food shall be provided at all points where food is handled and no food shall be handled without using such uten- sils. (8) Ice Cream Dipper Storage. Running water dipper wells connected to a safe water supply and to the municipal sewer system shall be provided for ice cream dippers and scoops at all locations or stations where bulk ice cream is dis- pensed. (9) Cleaning Supp{ies and Equipment. Equipment and supplies shall be provided for cleaning of all equipment including but not limited to racks, stoves, exhaust hoods, refrigerators and shelves and for the cleaning of the entire food establish- ment, (10) Utensil Washing and Treatment. Facilities shall be provided for washing and bactericidal treatment of food con- tact surfaces of equipment and utensils other than single-service utensils. At each place where such equipment and utensils are washed, facilities shall be provided for removing food scraps and~food resi- due from such equipment and from such utensils other than glasses before they are placed in the wash water or wash compartment. (11) Three-Vat Sinks. Where hot water or a chemical agent is used for bac- tericidal treatment, athree-compartment sink shall be provided. (12) Final Immersion Heater. Where hot water is used for bactericidal treat- ment, cheating device capable of main- taining awater temperature of at least 170 degrees Fahrenheit shall be provided as an integral part of the vat used for final immersion. (13) Sinks - Size and Drainboards. The compartment used for bactericidal treatment shall be of sufficient size to completely immerse any equipment or utensils being given bactericidal treat- ment. Such sinks shall also be provided with separate drainboard space arranged so that soiled wand clean utensils are kept entirely separate. All sinks shall be pro- vided with running hot and cold water and shall be connected to the muncipal sewer system. ' (14) Dishwashing Machines -General Requirements. When dishwashing ma- chines are used for the washing and the bactericidal treatment of equipment or utensils, such machines shall be designed, constructed, installed and operated so as to render all surfaces of such equipment or utensils clean, reasonably dry, and effectively subjected to bactericidal treat- ment. Dishwashing machines shall be de- signed, constructed and installed to make effective cleaning thereof easy, and to minimize places where dirt, bacteria and vermin .may collect in such dish water. (15) Dishwashing Machines -Specific Requirements. Whenever equipment and utensils are washed by spray-type dish- washing machines which depend upon a hot water spray for rinsing and bacteri- cidal treatment, the installation shall in- clude ahot water system capable. of pro- viding water at maximum design load of the machine at a temperature of at least 180 degrees Fahrenheit at the entrance of the rinse manifold of the machine dur- ing all periods of activity. Easily read- able thermometers shall be installed near the discharge end of the machine to indi- cate the temperature of the final rinse water entering the spray arm; and at locations to indicate the temperature of water in all tanks of the dishwashers. Such thermometers shall operate so as to indicate temperatures to an accuracy of plus or minus 2 degrees Fahrenheit. When automatic timing of wash and rinse cycles is provided, automatic timing de- vices shall be used which provide for the full exposure of all utensils to washing and rinsing times required by this sec- tion. All new dishwashing machines in- stalled after the passage of this section shall be provided with automatic timing devices for the wash-rinse cycles of such machines. Conveyors for automatic dish- washing machines shall also be accurate- ly timed so as to subject utensils to the washing and rinsing times required by this section. Multi-tank machines shall be provided with an adjustable device for automatically adding make-up wa- ter in sufficient quantity to maintain a constant level and to run off any grease which is present. Sufficient space shall be allowed between wash sprays and rinse sprays, or adequate baffles shall be provided to prevent intermingling of wash and rinse waters. A pressure regu- lator and a pressure gauge shall be pro- vided on the discharge end of the hot. water line to the machine to indicate the final rinse pressure entering the spray arm. A recirculation system shall be provided if the heater providing the final rinse water (180 degrees Fahren- heit) is located over five feet from the automatic dishwasher. (16) Bactericidal Treatment of Large Equipment. Equipment and supplies in- cluding but not limited to spray devices, shall be provided to give bactericidal treatment to large equipment and uten- sils which cannot be treated by dishwash- ers or by total immersion in the regular sinks or vats. (17) Garbage and Refuse Cans - Wash- ing. Separate facilities for washing gar- bage and refuse cans shall be provided, connected to running hot and cold water and the municipal sewer system. Subd. 28. Equipment -Construction and Materials. All equipment installed on or after December 9, 1965 shall comply with Standards 1, 2, 3, 4, 5, fi, 7, 8, C-1 and C-2 of the National Sanitation Foundation when applicable, which numbered stand- ards are hereby adopted and incorporated herein by .reference as if fully set forth herein. Equipment not covered by such standards shall not be installed before it has been approved by the sanitarian and the city manager. Equipment which was in use on December 9, 1965 which does not meet, fully, the requirements of this section, shall continue in use if it is in good repair, capable of being maintained in a clean condition, and the food contact surfaces are non-toxic. Subd. 29. Equipment Installation. Equip- ment which cannot be moved by reason of its weight or for the reason that it is attached to utilities, floors, walls or ceil- ings herein referred to as fixed equip- ment, shall be installed on raised solid platforms of concrete or other smooth masonry and sealed in such manner as to prevent liquids or debris from seeping or settling underneath, or shall be ele- vated on legs or feet at least six inches above the floor. Fixed equipment which is intended for placing on tables or coun- ters, but which is not sealed thereto, shall be mounted on legs or feed at least two inches high. r^ixed equipment shall be installed flush to the wall with the space closed and sealed .in such a man- ner as to prevent liquids or debris from seeping or settling behind or between, or installed with a:, u~;obstructed space of at least 30 inches from the wall to the back of such equipment. The space be- tween adjoining units of fixed equipment, and the space between the side of such_ a unit and the adjacent wall shall be sealed in such a manner as to prevent liquids or debris from settling or seeping between or behind, or an unobstructed space of at least 30 inches shall be pro- vided in such instances between, behind and beside all such pieces of fixed equip- ment and between such fixed equipment and any adjacent walls. Aisles or work- ing spaces between equipment and be- tween equipment and walls shall be at least 30 inches wide. Subd. 30. Single Service Utensils. (1) Bacterial Count and Toxic Sub- stances. No single service utensils man- ufactured from paper stock shall have a bacterial plate count in excess of 250 col- onies per gram, as determined by the disintegration test technique. No toxic substance shall be present in finished single service utensils which cause any food to become an adulterated food. (2) Residual Bacterial Plate Count. No flat single service square centimeter of surface area of the. utensil shall be determined by the direct or swab contact method. No other single service utensil shall have a residual bacterial plate count in excess of one colony per milliliter of capacity of the utensil as determined by the direct, rinse or swab contact method. (3) Delivery and Storage. Single ser- vice utensils shall be delivered to the food establishment and stores in closed containers which protect the utensils from contamination at all times between delivery and use thereof. (4) Handling and Dispensing, Such utensils shall be handled and dispensed in such a manner as to prevent con- tamination of food contact with the mouth of the user. (5) Use and Disposa'I. Such utensils shall be used-only once. After use they shall be disposed of in waste receptacles. (fi) Use -Temporary or Ma.nd'atory. The use of single service utensils shall be mandatory in all food establishments which do not have facilities meeting the requirements of this section for cleaning and bactericidal treatment of utensils and equipment, and in other food estab- lishments during temporary period s when such facilities are ineffective be- cause of mechanical failure or other rea- sons. Subd. 31. Cleaning and' Storage of Uten- sils a.nd Equipment. (1) Bactericida'I Treatment and Stan- Bard. All equipment and utensils shall be kept clean. Food contact surfaces shall be given bactericidal treatment be- fore being used or re-used, and shall meet a bacteriological standard of not more than 100 colonies of micro-or- ganisms per utensil or piece of equip- ment. (2) Storage. Equipment and utensils which have been cleaned and given bac- tericidal treatment shall be stored and handled in such a manner so as to be protected. from splash, dust, .dirt or other contamination. Such utensils and equipment shall be stored no less than 12 inches above the floor in a clean, dry location. Such utensils and equip- ment shall be air-dried before being stored or shall be stored in a self-drain- ing position on hooks or racks con- structed of corrosion-resistant material. Utensils and equipment, after bacterici- dal treatment, shall not be touched or handled on food contact surfaces or on surfaces which contact the mouth of a person using the utensils. Storage of equipment and utensils in ice or water for cooling is prohibited. (3) Cloths. Cloths used by all food preparation and service personnel shall be clean. Cloths used for wiping food contact surfaces shall be clean and not used for other purposes. Subd. 32. Dishwashing. (1) Manual Washing and Bactericidal Treatment. When manual dishwashing operations are employed, all utensils and equipment shall be, after each usage, prescraped or preflushed, shall be thor- oughly cleaned in a suitable detergent solution in the first vat, and shall be rinsed free of wash water and deter- gent in the second vat: After cleansing and rinsing, these utensils and equip- ment shall be subjected to bactericidal treatment in the third vat by the hot water method or chemical methods here- inafter described or other equivalent procedures." (2) Hot Water Method. This method of bactericidal treatment shall consist of immersion for at least two minutes in- clean, hot water at a temperature of at least 170 degrees Fahrenheit or for one-half minute in boiling water. A thermometer shall be kept in a conveni- ent place near the facilities, for check- ing the water temperature. Pouring or spraying water over washed utensils or equipment shall be prohibited as a means of bactericidal treatment. (3) Temperature of Water. Water used for bactericidal treatment of utensil; and equipment shall at all times during business hours be kept at a temperature of 170 degrees Fahrenheit; and at all other times while utensils and equipment are being washed and given bacterici- dal treatment, the water shall be kept at a temperature ~of 170 degrees Fah- renheit. Athree-compartment sink shall be used with the first compartment fore. washing, the second compartment for rinsing and the third compartment for immersion in water at a temperature of not less than 170 degrees Fahrenheit. In the bactericidal treatment by immer- Sion in hot water, or by other bacteri- cidal treatment methods, all utensils and equipment capable "of trapping air shall be placed in a venting position so that air is not trapped therein while in the immersion tank. (4) Chemical Method'. - CWlorine - Hy- pochlorites. This method of bactericidal treatment shall consist of exposure for at least two minutes in a solution con- taining at least 50 parts per million of available chlorine at a temperature not less than 75 degrees Fahrenheit. The hy- pochlorites shall be made up at a strength of 100 parts per million or more and shall not be used after its strength has been reduced below 50 parts per million. (5) Chemica't Method -Procedures. All utensils and equipment shall be clean before being subjected to bactericidal treatment by any chemical method. Chemical solutions once used shall not be reused for bactericidal treatment on any succeeding day. Where chemical treatment is used, athree-compartment sink shall be required; the first com- partment shall be used for washing, the second for clean water rinsing, and the , third .for chemical immersion. rt,+' ,z..: (fi)-Chemical Method -Other. Bagt~' cal treatment may consist of expo by total immersion in a solution con#r ing a chemical compound which is. fective and non-toxic in the use cone tration. Such compound-in-use solut shall provide the equivalent bactericic, effect of a solution containing at lea; 50 parts per million of available chl nine at a temperature not less than degrees Fahrenheit, and shall be made , up at twice such strength, a~ (7) Chemical Method) - Tests. When chemical compounds are used for bac- tericidal treatment, a suitable and read- ily applicable test for determining solu- tion concentrations shall be provided in the food establishment. (8) Mechanical Spray-Type Washing and Bactericidal Treatment. When me- chanical spray-type washing operations are employed, all multi-use utensils and equipment shall be prescraped, pre- flushed or presoaked. Utensils and equip- ment shall be placed in racks or on conveyors in such a way that all food contact. surfaces are subjected to unob- structed wash and rinse water sprays. Detergents of a concentration which will render utensils and equipment c l e a n shall be used at all times in the wash water. Wash water temperatures shall be at least 140 degrees Fahrenheit ex- cept in single-tank conveyor type ma- chines in which the wash water tem- perature shall be at least 160 degrees Fahrenheit. Flow pressure of rinse wa- ter shall be maintained at all times at not less than 15 pounds nor more than 25 pounds per square inch. Recirculated rinse water shall be maintained at a temperature of at least 170 degrees Fahrenheit. The temperature of the final rinse water shall be at least 180 degrees Fahrenheit at the entrance of the rinse spray arms of all machines while dishes are being washed. All single tank, sta- tionary rack machines including but not limited to hood, curtain and door types, shall have at least a 10 second final rinse. All single-tank conveyor t y p e machines shall have a final rinse at the rate of not less than 6.0 gallons per minute within the above pressures and the conveyor speed shall not exceed sev- en feet per minute. (9) Multiple-Tank Conveyor Types. All multiple-tank conveyor type machines shall be provided with a recirculated rinse at a temperature of at least 170 degrees Fahrenheit. A final rinse shall be provided. The combination of pump volumes of the wash water and reciru- lated rinse, the temperatures, the con- veyor speed, the final rinse temperature and volume,. and other related factors shall produce utensils and equipment which are clean and effectively sub- ject to bactericidal treatment meeting the bacteriological requirements of this section. Subd. 33. Special Cleaning and' Bac- tericid+al Treatment Requirements, (1) Oven Utensils and Equipment. Utensils and equipment which routinely go into ovens for baking purposes and which are used for no other purpose shall not be required to be given bac- tericidal treatment, provided, however, such utensils and equipment are washed and rinsed. (2) Large Equipment and Utensils. 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F m v0 v visa y £a mmy u " roa ~~vov~c'~v~ti.~~'avi~B'~gpv,av",~~upy ~ro~~ .%.''.~dmo°'a~ ~vEmuma"iAmrwOnAro:;mG,n ^F~"~°x ~~n.a~~c~~noro~a.~ ~o~RN '0~~a~y~~A°"'o~'agaroyE~,~CF"~m~^~ro~A~amwMUro'"~~°"a :.u w mvA A•oc,c,Aw LLa°uw~m~vm,00V ~~F£ ~ '~:E~:°aE,~ "°~~ro,q~~a~.,°~cow~o.,yEa>'ic°~'a°~roi aui~Gmoro "ti.ca a"~"a~~°s.~°i°.~a~°~u~ti'~o~ro~,~~~~N~'"maiaaca~v~°a faam333 3m 3..+Eo.~m A~SmC3 y3muvCns~sauA romF m nn ~n.~uo~n~a3A~uAAa'~v,°~ro~'~,~o~y~~o"~.,~,~+~,E~a~v t y ~ ~-~ ~ . ~~~. I ~ ~~: .:.. rx~~~~4^• S.'~- Y i nFu,~~'., ~"~,i~~h:Sii '~. '~%!: ~ii~l~~`l795d:1iT -fly: :~~~~s~=+ OFF)CIAL PUBLICATION Cl~~"-OF RICHFIELD-THE RICHFIEL-D SUN-PAGE 31 tive to manual dishwashing and bacteri- '~ tidal treatment or equivalent method. i (3) Non-food Contact Surfaces. Non- I food contact surfaces shall be kept clean. ~ (4) 'Grills. Grills and other cooking surfaces shall be kept clean and free of i encrusted grease deposits and food de- bris. (5) Equipment for Deep Fat Frying. Deep fat frying equipment shall be drained and thoroughly washed a n d rinsed at least daily and kept free of encrusted grease deposits and food de- bris. Grease shall be filtered and kept free of food.debris. (fi) Equipment for Readily-Perish~ab'le Food. Where the preparation of readily- perishable food is on anon-refrigerated, continuous or production line basis, the food contact surfaces of equipment and ~ utensils shall be thoroughly cleaned .and ~...._~. - subjected to bactericidal treatment ai j intervals of two hours or less. ' 7 CI C O caning ompounds, Polish and Bactericides. Cleaning compounds and bactericides shall be kept in a roam, cabinet or area separated from .food, nsils and equipment storage, and shall kept in clearly Tabled containers, shall be dispensed in measured amounts, and shall be non-toxic in use dilutions. There shall be no poisonous polishing materials on the premises. ~~. ~~. ~, \~~ ~'° r 4 Subd 34. Sewage. (1) Sewage Disposa'!, All water-car- ried sewage shall be disposed of by means of the public sewer system of the city, their liquid waste into recep- tacles carried on the vehicle for that purpose, but such waste shall. be ulti- mately discharged into the public sewer system. (2) Plumbing. All waste disposal plumbing or lines, open or closed, which pass over food preparation areas, food storage areas, utensils and quipment washing or storage areas, and areas where food is served, shall be provided with aone-piece-constructed metal, drip- less trough immediately below such waste line and sloped to drain away from such areas. (3) Interconnection Prohibited'. The safe water system shall not be connected to the sewer system or installed in such a manner so as to permit the possibility of back siphonage from the sewer sys- tem, waste disposal system or other source of contamination. (4) Grease Traps. Grease traps shall be required in all cases where the amounts of grease discharged into the sewer system are such that the grease is not kept in suspension in the liquid wastes. (5) Drain Lines. Drain lines from food equipment such as but riot limited to dish- washing machines, ice storage vats, steam tables, ice machines, proofing cabinets, sinks, refrigerators, potato peel- ers and similar equipment shall be con- nected to the sewer system through an air gap; provided, °h~owever, that sinks and dishwashing machines shall be con- nected directly to a horizontal sewer line connected to a floor drain not having a backwater. valve. (fi) Floor Drains -Refrigerators. Floor drains directly connected to the sewer shall be prohibited in walk-in coolers or refrigerators. Subd. 35. Garbage.- (1) Garbage and Refuse Disposal. All garbage and refuse, prior to disposal, shall be kept in tight, non-absorbent con- tainers which shill be kept covered with close fitting lids when filled, in storage or not in continuous use, provided that such containers need not be covered when stored in special insect and rodent- .proofed rooms or enclosures or food waste refrigerators. All other refuse shall be stored in containers, rooms or areas in an approved manner. The rooms, en- closures, areas and containers used shall be adequate for the storage of all gar- bage and refuse accumulating on the premises. Adequate cleaning facilities shalt be provided, and each container, room or area shall be thoroughly cleaned -after emptying or removal of garbage and refuse. Food waste grinders, when installed, shall comply with the provi- sions of this code regulating plumbing. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. (2) Garbage Incineration. Where any combustible garbage and refuse is burned an incinerator shall be provided which is operated as required by this code, and areas around such incinerators shall be kept free from rubbish, ashes and debris. Subd. 36. Garbage Grinders - Construc- tion. Garbage grinders shall be so con- structed that there are no areas in the machine where food wastes can accumu- late, and adequate cleanouts shall be pro- vided and so located that the waste line conn'ected'ly the 'grind'er 'can be' cleaned: Subd. 37. Holding Temperatures. (1) Readily-Perishable•Food. All read- ily-perishable. products., except during necessary periods of preparation and ser- vice, shall be .kept at or below 40 de- grees r ahrenheit during storage, trans- portation and display; provided, however if such readily-perishable products after being cooked are not immediately re- frigerated to 40 degrees or less Fahren- heit, such food shall be kept at or above 150 degrees Fahrenheit. (2) Cream -Filled ands Custard-Filled Pastries. Cream-filled and custard-filled pastries shall be kept at a temperature of 40 degrees Fahrenheit or below or at or above 150 degrees Fahrenheit during periods of storage, transportation and display. Fillings shall be refrigerated at or below 40 degrees. Fahrenheit at all times prior to the filling operation; pro, vided, however, that fillings need not be refrigerated if they are kept above 150 degrees Fahrenheit after cooking and un- til placed into .the shell. (3) Frozen Food. Frozen foods shall be kept at or below "0" degrees Fahren- heit, except when being thawed for prep- aration or use. Frozen food shall be thawed in a refrigerator at a tempera- ture of 40 degrees Fahrenheit or less. N~ person shall thaw frozen foods by immersion in water unless such food is completely immersed in a boiling, cook- ing liquid. Subd. 38. Wholesomeness. All food in all food establishments shill be clean, whole- some, free from spoilage, adulterations, and misbranding and shall be prepared, processed, handled, packaged- transport- ed and stored so as to be protected from contamination and spoilage and safe for human consumption. No home prepared foods shall be kept or used in any food establishment, Subd. 39. Dairy Products. Milk and fluid milk prod~icts shaTI be served to the con- sumer in the individual unopened original containers in which they were received from the distributor, or served from a bulk container equipped with a sanitary dispensing device; provided, however, that cream, whipped cream or half-and- half shall be poured from an opened, original container for use or service on the premises, provided further that milk- served at hospitals and institutions shall be served from one-quart or two-quart containers packaged at a milk plant, ar_d mixed milk drinks requiring less than one-half pint of milk may be poured from one-quart or two-quart containers pack- aged at a milk plant. The dipping or ladling of milk is prohibited, except for immediate cooking purposes, provided further that this section does not apply to manufacturing or processing food es- tablishments which make no sales at re- tail nor direct sales to consumers. Subd. 40. Food Sources. No food shall be stored, prepared, manufactured, pro- cessed, wrapped, canned, packed, bot- tled, transported, distributed, sold or of- fend for sale, or served in any way with or without charge, within the city if such food has been obtained from a food establishment within or without the limits of the city which do not meet the requirements of this section. Subd. 41. Certain Types of Seafood'. No person shall have or keep in any food establishment any oysters, clams, mus- sels or other shellfish from a source which has not been approved by the Min- nesota State Board of Health, or, if the source is outside the state, from a ship- per whose name is not on the current list of state certified shippers issued by the public health service and such ap- proval is evidenced by official stamp on the container. Shucked shellfish shall be kept in the original container until used. Oysters, clams, mussels and other shell- fish, if served in the shell, shall be served in the original shell. Subd. 42. Meat and.- Poultry Products. All meat and meat products and all poul- try and poultry meat products received, kept or used in any manner in any food establishment shall be officially ident.i• fled as having been inspected for whole- someness under the supervision of a li- censed veterinarian and any such prod- ucts upon which any such official identi- fication is lost by reason of the process- ing thereof shall be identified by the name and location of the processor there- on. Subd. 43. Transportation, Storage, Drs•- play and Serving of Food'. (1) Genera'1 Requirements for Food Protection. After delivery and while be- ing stored, prepared, displayed, served or sold in food establishments, transport- ed between such establishments, all foods shall be protected against. contamination from work surfaces which are not clean, utensils which have not been given bac- ter-icidal treatment, unnecessary han- dling, flooding by sewage or drainage, coughs, sneezes, overhead leakage, dust, flies, insects, rodents and other vermin, or any other source of contamination. (2) Fruits and Vegetables. All fruits and vegetables shall be washed thorough, Iy before used. (3) Poultry and Pork. Roast poultry, including stuffing, shall be heated to a minimum temperature of 165 degrees Fahrenheit throughout, with no interrup• tion of the initial roasting process. Pork and pork products which have not been specially treated to destroy trichinae shall be thoroughly cooked to heat all parts of the meat to at Ieast 136 degrees Fahrenheit. Large thick cuts of pork or park products shall be cooked at boiling temperature or baked at oven tempera- ture of not less than 350 degrees Fahren• heft for at, least 30 minutes per pound. (4) Readily-Perishable Food. Readily- perishable foods which are served with- out further cooking, such as but not limited to potato salad, egg salad, and chicken salad, shall be prepared on sur- faces or in containers with utensils which are clean, all of which have been sub- jected to bactericidal treatment, (5) Hand Care. All foods shall be pre- pared with a minimum of manual con- tact and all persons handling such food shall have hands which are clean and free from cuts, sores and bandages. (6) Protection of Food. During storage, foods not subject to further washing or cooking before serving, and ready-to-eat foods shall be wrapped, kept in closed or covered containers, or kept in such a manner as to be protected against con- tamination. (7) Container Care. Food containers that are or may be placed on work ta- bles, work surfaces, or refrigerator shelves shall be stored above the floor, on clean racks, hooks or other clean sur- faces. (8) Moist Storage Areas. Food stored in rooms which are below street level, subject to flooding from sewage back- flow, or subject to dampening fro m mopping or other causes, shall be kept on devices or shelves at least 12 inches above the floor and so arranged that the underneath area can be readily cleaned. (9) Smorgasbord and Buffet Service, All food on display including but not limited to smorgasbords and buffet ser- vice in any food establishment shall com- ply with all requirements of this section. (10) Counterguards. All unpackaged or unenelosed food on display shall be pro- tected by counterguards or covers so designed as to intersect a direct line between the customer's mouth and the food. (11) Implements for Certain Foods. All employees and customers at self- service shall use tongs, forks, spoons, picks, spatulas, scoops or other suitable implements in serving butter, cubed or cracked ice, cake, pie, bread, r o 11 s, sliced meats, pickles, olives, relishes and such foods shall not be touched by hand. Sugar, shall be served in closed dispen- sers or in individual packages. Cream in open pitchers and pickles and relishes in open trays shall not be permitted unless the entire contents are used or discarded at or after each serving. (12} Packaged Food. Food which is wrapped or served in closed containers or packages, such as but not limited to sugar, syrup and condiments, may be reserved. No unwrapped food that has been once served to a customer and no wrapped food on which the wrap- per has been broken shall be served to another customer or thereafter used in the preparation of food. (13} Protection in transportation. The requirements .for temperature, for the storage, for the display, and for the gen- eral protection against contamination, as contained in this section, applies in the transporting of food from a food estab- lishment or other location to another food establishment or other location for de- livery ,sevrcie or catering operations. Subd. 44, Hygienic Requirements - Per- sons Engaged in Food Establishment Operation. (1) Handwashing. All persons engaged in food establishment operations shall scrub hands and arms before starting work, and wash hands during work hours after each relief period and after using the toilet room. The hands of all such persons shall be kept clean while en- gaged in handling food, utensils or equipment and they shall keep their fin- gernails closely and neatly trimmed. (2} Clothing. The outer garments of all pesons engaged in handling food, equipment or utensils shall be clean and shall be used for rro other purpose than duty in the food establishment. Hai r nets, head bands, caps or other hair restraints shall be worn by food pre- paration and serving personnel. (3) Tobacco. The use of tobacco in any form. by persons engaged in food establishment operation is prohibited at all times in rooms in which food is pre- pared or stored,. and in rooms in which -..,. food is served, at all times when .such persons are on duty. (4) Exeecfioration. No person shall expectorate in any room in a food estab- lishment where food is stored, prepared or served. (5) Oifier Prohibited Practices. No person shall perform any pct or engage rn any practice which may contaminate food, equipment or utensils. C l e a n spoons, knives, and forks shall be picked up or touched only by their .handles. Clean cups, glasses and bowls shall be handled without fingers or thumbs con- tacting the inside surfaces or surfaces which come into contact with the mouth. A spoon or other utensil, once used for testing of foods, shall be cleaned and subjected to bactericidal treatment pri- or to re-use for any purpose, No person shall remove soiled dishes by placing fingers in glasses or cups, or by pick- ing up utensils by soiled surfaces instead of handles. No person shall scratch the head, pinch face pimples, pick the nose; . mouth, fingers or pencil, sneeze or cough Y• - without washing the hands immediately thereafter and before continuing or re- turning to work. Subd. 45. Health a.nd Disease Control. No person while affected with any di- sease in a communicable form, or while a carrier of such disease, or while af- flicted with boils, infected wounds, sores, a cough or a cold shall work in ~f~od preparation or serving areas of a food establishment and no owner or op- erator of a food establishment shall employ in such an area any person known or suspected of being affected ~~ith any such disease or condition. Subd. 46. Dressing Rooms and Lockers. (lj Separate Roams Provid'ed~. Dress- ing rooms, separate for men and women, shall be provided in all fond establish- ments where employees change cloth- ing within the establishment, and such dressing rooms shall be located outside of fp~d preparation, storage and serving areas, and utensil or equipment wash- ing and storage areas. (2) Lockers Provided. Lockers for per- sonal belongings of employees shall be provided within dressing rooms or in areas outside of the food preparation, serving, utensil and equipment washing and storage areas. Personal belongings including but. not limited to coats and ocher clothing shall be stared in such lockers and shall not be stored with food, utensils or equipment. Dressing roams and lockers shall he kept neat and clean. Subd. 47. Insect and Rodent Control. (1) Insects andi Rodents Prohibited. No person shall allow or permit the en- trance, breeding or presence of rodents or insects including, but not limited to, mice, rats, flies and roaches in any food establishment. {2) Requiremenrts for Insert ar-d Ro- dent Control. Stores food shall be pro- tected against insect or rodent infesta- tion by covering, wrapping or by equal- ly effective methods: Rodenticides and insecticides shall not be permitted to come into contact with food, food con- act• surfaces, utensils or equipment. No area shall be constructed in a manner which provides or is likely to provide harborage and breeding places for ro- dents and insects. (3) Requirements for Insecticides and Rodenticides. All insecticides and ro- , denticides -shall be in containers which are clearly labeled so that the contents can be easily identified and shall be kept in a room, cabinet or area separated from food, utensil and equipment stor- age, and shall not be used where food, utensils, equipment, or employees' cloth- ing are exposed to the spray, the splash- ing, the dusting or the settling of such substances. Subd. 48. Housekeeping. ' (1) Kept Clean, All parts of all food establishments, both inside and out, shall be kept neat, free of garbage, weeds, refuse, rubbish, waste paper, debris and litter. (2} Dusting and Cleaning. Dustless methods of floor and' wall cleaning shall be used, or dust-arresting, sweeping compounds and push brooms. shall be employed; and all such cleaning except emergency floor cleaning shall be done during those periods when the leas t amount of food is exposed, such as af- ,,~. ter closing or between meals. (3) Use as Living Quarters. No per- son shall use any area in any food es- tabIishment as living or sleeping guar- tors. All openings between living or sleeping quarters and a food establish- ment shall be equipped with self-closing ' solid doors which are not allowed to stand open. (4) Laundry Bags and Receptacles. Non-absorbent receptacles or washable i PAGE 32-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD ~` laundry hags, laundered between every two uses, shall be provided for used or soiled linens, coats, trousers, dresses and aprons, which shall be kept therein until removed for laundering (51 Anima'Is and Fowl Prohibited. Ex- cept for guide dogs accompanying blind persons in food service areas, no fowl or animal shall be allowed in any food establishment. Subd. 49. Misee'Ilaneous Enforcement Provisions. (1) Procedure When Infection is Sus- pected. When there is reasonable cause to believe that a food establishment own- er or employee is a carrier of disease, the health officer, or in his absence the sanitarian, is authorized to require any or all of the following: (a) The immediate exclusion of such person from all food establishments. (b) The transfer of the services of such person to an area of the food establishment where there would be no danger of transmitting disease. - (c) Adequate medical examinations of such persons and their associates, with such laboratory examinations as may be indicated. (d) The immediate suspension of the }icense of the food establishment until in the opinion of the health officer no further danger of disease outbreak exists. (2) Industry Self-Inspection. Ever y food establishment shall arrange for a progxam of sanitation self-inspection con- ducted by the owner, manager, sanita- tion supervisor, or an agent. Such in- spections shall be kept on file for review by the sanitarian. (3) Construction - Plan Review. All persons who hereafter construct, exten- sively remodel or convert buildings or facilities for use as food establishments shall conform and comply in their con- struction, erection or alteration with the requirements of this section. The re- quirements contained in this section shall be supplementary to all o t h e r building and construction requirements contained in this code. Plans and speci- fications for such construc>ion, remod- eling or alteration which show layout, arrangement and plumbing and con- struction materials of work areas, and location, size and type of equipment and facilities shall be filed by the owner with. the city for review and approval by the health department. The building o€ficial shall not issue a building permit for such establishment until such per- mits have the approval of the depart- ment of health endorsed thereon. (4) Interference With, or Hindrance of, Sanitarian. No person shall interfere with or hinder the sanitarian in the per- formance of his duties in accordance with this section or the laws of the State of Minnesota, or in any way pre- vent his performance thereof. Subd. 50. Applicability of State Law-Res- taurants. Nothing contained in this sec- tion shall be interpreted so as to limit or abrogate the provisions of Minnesota Statutes Chapter 157 applicable to res- taurants. Subd. 51. Applicability of State Law - Food Delivery Vehicles. The licensing requirements of this section shall. not apply to any vehicle which is exempt from municipal regulation by Minn. ~~ . Stats. Sec. 17.037, Subd. 3. 6.02 Gasoline and Oil Service Stations. 'Subdivision 1. Purpose of Regulation. It is hereby determined that gasoline and .oil service stations may pose particular problems in achieving compatibility with abutting and adjacent land uses because of potentially detrimental aspects of their operation. The public health, safety and general welfare requires that, because of traffic hazards, noise, light glare, out- door storage of merchandise, indiscrim- inate advertising, inadequate incinera- tion facilities, insufficient maintenance, unsightliness and inadequate storage of debris and used materials, such service stations be specifically regulated. Subd. 2. Definitions. The following terms shall have the meanings ascribed to them in this section. (1) The term "service station," as used in this section, means a retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and ser- vices generally required in the opera- tion and maintenance of automotive ve- hicles and. the fulfilling of motorists' needs. These may include sale of pe- ' troleum products; sale and servicing of ' tires, batteries, automotive accessories and replacement items; washing a n d lubrication services; the performance of .minor automotive maintenance and re- ,:_ pair; and the supplying of other inci- dental customer services and products. Subd. 3. Fire Prevention. Any building used as a service station shall be con-. strutted and maintained as required by the rules and regulations of the state fire marshal. Every facility, whether un• derground or above ground and whether indoors or out of doors, for the han• dling, storage and movement of flame mable liquids shall be constructed and maintained in accordance with t h e rules and regulations of the state fire . marshal. The provisions of the fire pre' vention code, adopted by reference in Chapter III of this code, shall also be applicable to service stations regulated in this section. Subd. 4. Other Code Provisions: Zoning Such stations shall be operated in ace cordance with the other provisions of this code, specifically including Section 3.17, Subdivision 3 of Chapter III of this code. Subd. 5. Limitations on Use of Station Premises. (1) Service station premises shall not be used as a place of sale or resale, or as a place for display for sale or re- sale, of new or used motor vehicles. (2) Service station premises shall not be used as a place of storage f o r wrecked, abandoned or junked automo- biles. No motor vehicle in need of re- pair shall be stored on the premises of a service station for a continuous period of more than seven days, except when so stored pursuant to a police directive. (3) Service station premises shall not be used for loading, unloading or trans- fer of loads by any truck or truck-type vehicles, except in the case of emer- gency where the vehicle is mechanically inoperable and a load must be removed or transferred. from such an inoperable vehicle. Subd. 6. Additional Limitations - Park- ing of Trucks. Service station property may be permitted to use certain off- street parking areas for the parkin of g trucks and trailers subject to compliance with the following conditions: (i) All trucks, truck-trailers, t r u c k tractors and other vehicles temporarily parked on the premises in compliance with this subdivision must, be parked en- tirely within areas designated as off- street parking areas, except that such vehicles may be parked elsewhere on the premises when being actually ser- viced. (2) No vehicle shall park in such a manner as to obstruct vehicular ingress and egress from the. gasoline station. (3) No vehicle shall park in such. a manner as to obstruct the vision of any person using the public roadways or the areas of ingress and egress to the filling station so as to create a traffic hazard. (4) No vehicle whether new or used shall park upon the premises for the purpose of advertising or storing said truck for sale. (5) All vehicles parked upon the prem- ises shall be in working mechanical con- dition so that they may be moved un- der their own power. (6) No vehicle shall be dismantled or repaired while parked in the off-street parking areas, but may be repaired in the areas normally used for. such pur- poses upon the premises. (7) Vehicles shall not be parked for permanent or semi-permanent storage; all. trucks which have been parked upon the premises without having been re- moved for a trucking use for a period in excess of 24 hours shall be pre- sumed to be parked for storage con- trary to this section. (8) All vehicles shall be parked upon the premises in such a manner as to not create a fire hazard, and shall not be parked so as to obstruct the ac- tivities of any fireman called upon the scene or the use of any firefighting equipment. Subd. 7. Incinerators. No materials shall be burned on the premises of a service station, except in an approved commer- cial incinerator complying with t h e code of the city. Barrels and similar containers shall not be used for incin- eration. Subd. 8. Debris. Used oil cans, discarded auto parts, discarded tires and similar items of debris shall not be stored on ser- vice station premises, unless such items of debris are located in an enclosure and are completely outside of public view. Such debris shall be removed from- the premises at least once ..each week. Subd. 9. Surfacing and Maintenance. The entire area of service station premises shall be improved with either (a) con- crete or bituminous surfacing, (b) land' scaping with grass, flowers and shrubs, or (c) both. The premises shall also be well-maintained at"all times and kept free from refuse, weeds and debris; de- bris shall be controlled as provided in Subdivision 8 of this section. Subd. 10. Display and Sale of Tires. Tires for sale shall not be stored or dis- played outside the service station struc- ture, except (a) in a display rack during business hours, or (b) in a permanent outside display container located in con- formance with the setback requirements contained in Chapter III of this code and completely encloseable. Such display con- tainer shall be closed when the station is not open for business. 6.03. Regulation and Maintenance of Wells. Subdivision 1. License and Regulation. No person, firm or corporation shall drill any well or engage in the business of well drilling in the city without first ob- taining swell driller's license and com- plying with the requirements of this sec- tion. Subd. 2. Contents of Application. Any person desiring a well driller's license shall make written application to the city clerk, stating the following: (1) The name and address of the ap- plicant; (2) The names and address of partners, if a partnership, and the names and ad- dresses of the corporate officers, if a cor- poration; (3) The experience of the applicant in the drilling of wells, including the „pum- ber of years that the applicant has'lieen engaged in said business and the names and addresses of employers with whom the .applicant was so engaged; (4) The municipalities in which the ap- plicant is licensed to engage in said busi- ness in the State of Minnesota; (5) And the municipalities in the State of Minnesota or elsewhere which have denied such license to the applicant, or have revoked such license of the appli- cant. Subd. 3. Accuracy of Application. The person making application shall warrant the accuracy: of the information supplied in the application. Failure to provide true and complete information constitutes a violation of this section and, in addition to the penalties hereinafter prescribed for the' violation of this section, the license of any person may be revoked by reason of any material falsification or omission in said application. Subd. 4. License Fee. The application shall be accompanied by the license fee, which is $25.00 per year or any fraction thereof. Licenses expire on December 31 next following the date of their issuance. Subd. 5. Bond Requirements. The appli- cation shall also be accompanied by a bond in the, principal sum of $2,000 con- ditioned upon the observance of all the provisions of this Bode relative to the installation of wells, and upon the faith- ful and, workmanlike performance of all work performed or t.o be performed pur- suant to such license. The bond shall run to the city and shall b~ for the benefit of any person, firm or corporation who sustains any injury covered by the bond, and shall provide that any person, firm or corporation so injured may .bring an action in his or its own name for the re- covery of damage upon the bond, in ad- dition to any other remedy. Subd. 6. Council Approval. The applica- tion shall be presented to the council, which shall either grant or deny the same, and any such license issued may he revoked for failure to comply with this section. Subd. 7. Permit and Fees. No person, firm or corporation shall drill any well or repair any existing yell without first obtaining a permit to do so. Application for such a permit shall be made in writ- ing too the chief inspector and sha11 state the character, location and size of the propased well and shall be accompanied by the permit fee which is as follows: 2" casing - $ 4.00 3" casing - 6.00 4" casing - g,Op 5" casing - 10.00 6" casing - 12.00 8" casing - 16.00 10" casing - 20.00 The minimum permit fee for the repair of any well is $4.00. Subd. 8. Responsibility. The person •to whom a permit is issued for the drilling of a new well is responsible for the prop- er installation of the water pump or pumping system first installed by him on such well, but this responsibility does not extend to any used pump not pro- vided by the well driller but ordered in- stalled by the property owner, nor the in- stallation of any pump by any other party. Subd. 9. Requiremenfi of License. No pump shall be installed .or repaired by any person not duly licensed as either a master plumber or a well driller. Subd. 10. Affi~devit Confirming Capacity of Well. Upon the completion of the drill. ing of a well, a pumping test of sufficient duration to determine the yield and max- imum drawn down shall be conducted, if practical. Within ten days after in- spection of such well the permit holder shall file an affidavit with the plumbing inspector of the city setting forth the results of the pumping test, the capacity of the well, the pumping level, the depth of casing from grade and length of screen if one is used,. and a true and correct copy of a guarantee shall be given to the well property owner guar- anteeing the well for a period... of one year following the insepection. Subd. 11. Geological Log. A geological log of the formation encountered in drilling each well shall be kept by the person actually engaged in the drilling. A copy thereof, typed on 81/z" x 11" paper, shall be filed- along with said affidavit, and such log shall specifically state where. impervious formation has been encountered. Failure to provide such log, affidavit or guarantee or will- ful failure to provide accurate informs- tion with respect thereto constitutes-2-' violation of this section. Subd. 12. Well Diameter. Every well hereafter installed shall be of the drilled type and not less than two inches in diameter. Draw down tests need not be made on two inch wells. Only well cas- ings of steel or wrought iron standard weight pipe shall be installed. Subd. 13. Genera'I Drilling Requirements. The following general requirements shall be met by all licensees pursuant to this section: (1) Every well casing shall be water- tight. and go through an impervious un- derground formation, if one exists, or to a depth of 42 feet, whichever is great- er. Screen shall be below the impervi- ous formation. Sample and static wa- • ter level shall be required whenever re- quested by the plumbing inspector; pro- vided, however, that wells drilled in areas below elevation 130.0 city datum may be less than 42 feet minimum if the second water bearing formation has been penetrated and the log has been examined by the inspection department before final approval of -the well. (2) All commercial wells shall com- ply. with the requirements of the Min- nesota State Board of Health for all pub- lic water supplies. Screens on commer- cial wells may be eliminated if the well is terminated after at least ten feet penetration in the. Jordan or Shakopee formation. (3) No well hereafter shall be installed in a pit below the surface of the ground unless such well pit is connected by an opening with the main basement area of the buiilding served by the well, and in such case the floor of the pit shall be at least one foot above the main basement area floor. (4) Above-surface well houses or sheds shall have a concrete base of at least five feet by five feet, six inches thick, at least one foot above grade. Such shed and base may be attached to the main building serving the well, the well must be located at least three feet from the main building wall or foundation. Well pits and above-surface well houses must be covered with a watertight roof, and such roof may not be under the roof of the main building. (5) All wells hereafter installed shall be located at least. 50 feet, measured horizontally, from any cesspool, and 40 feet from any, septic tank and 10 feet from any underground soil pipe or floor drain connected to sanitary plumbing lines. (6) All wells hereafter installed shall produce at least 500 gallons per hour in order to assure an adequate supply for sanitary purposes. They shall be sealed with an approved device or well seal to maintain a watertight. seal 18 inches above, the main basement area, or main floor in the case of slab floor buildings. (7) No pump hereafter shall be in- stalled that. uses the well casing for a vacuum-line or suction-line purpose, nor shall any pump be installed h a v i n g a buried horizontal suction pipe between the building, and any below-surface pit- less well, except where suction pip e is encased in pressure pipe. Pitless well and pumping systems may be installed using a buried horizontal pressure line between well and building if there is maintained a minim~;m presure of 20 pounds. (8) After final. installation of a well, it shall be disinf~~eted in accordance with the recommendations of the state depart- ment of healt~i, and it shall have then been pumpint> a sufficient length of time to properly .iissipate the disinfectant. (9) No air vent shall be installed in a well without specific approval of t h e plumbing .inspector.: _ ~~ ,,,,. 1~ ~- OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE,33 ~, }~ (10) If it appears to the fire chief that a well and pumping system being installed to serve any commercial or other public structure has sufficient capacity, he may request the owner of the well or system for permission to in- stall emergency water outlets or wall hydrants on the structure for use by the city fire department. If the o w n e r grants such permission, the necessary labor and fittings shall be furnished by the city. Subd. 14. Construction of Section. This section shall not be construed to relieve or lessen the responsibility or liability of any party owning, .operating, con- trolling or installing any wells and wa- ter supply systems for damages to per- sons or property caused by any defect therein nor shall the city be held to assume any liability to any person by reason of the inspection required herein or by reason or certificate of the inspec- tion required herein or by reason of cer- tificate of inspection issued pursuant Su~bd~. -015. Application of State Law. All well drilling and any use of water, either surface or underground, in the city shall be subject to the regulation of the 'use of water by the state con- tained in Minnesota Statutes Chapter 105, and other applicable state law. Par- ticular attention shall also be given to Minnesota Statutes 105.41 pertaining to the use and appropriation of surface and, underground water and Minnesota Stat- utes 105.51 pertaining to use and con- trol of artesian wells. Nothing contained Jn this section or this code shall be in- terpreted as to limit or abrogate the provisions- of Minnesota Statutes Chap- ter 105 or other applicable law: 6.04 Automobile Washing Establishments. Subdivision 1. Special Permit. No per- son shall hereafter establish an automo- bile washing business or establishment in the city without. first having obtained a special permit therefor, pursuant to the provisions of this section. Subd. 2. License Required. No person shall hereafter operate such business without being licensed to do so, pur- suant to the provisions of this section. Subd. 3. Limitation on Applieabi~°`Y. The permit and license requirement., of this section are not applicable to the wash- ing of automobiles at service stations where such washing of automobiles is secondary and incidental to the sale of gasoline and lubricants and to the ren- dering of other automobile services customarily provided at service station. Subd. 4. Application far Permit; Zoning Requirements. Application for such per- mit shall be made by making applica- tion for a special use permit in accor- dance with the provisions of Section 3.32 of Chapter III of the code. Special use permits for the operation of .an auto- mobile washing establishment shall be granted by the council only in the in- dustrial or general commercial districts of the city, and only after proof that such establishment is constructed in ac- cordance with the provisions of this section. Subd. 5. General Requirements Off- Street Parking- For any, such establish- ment there shall be sufficient off-street area to provide for 40 automobiles wait- ing to be washed. °'For this purpose the space of 20 feet by 9 feet by 9 feet shall be provided for each car. Space for an additional 10 cars shall be pro- vided for cars which have been washed and which are waiting the owners' pick- ing them up. There shall also be off- street parking for 15 employees' cars for each washing lane. Subd. 6. Permissible Reduction of Park- ing Space. The number of parking spaces for automobiles waiting to be washed may be reduced to no less than 20, provided that the following conditions exist: (1) The revenue from automobile washing is likely to represent less than - half of the total revenue of the business, on the basis of evidence presented to the council at the time that the permit is considered. (2) M~oret pan half of the revenue of the business is likely to represent less than half of the total revenue of the business, on the basis of evidence pre- sented to the council at the time that the permit is considered. (3) The business is located on a ser- vice drive where there is no develop- ment on the opposite side of the service drive. {4) The business does not abut upon any property zoned for single-family or multiple-family -use. (5) Thn business is.loeated in`a'geh= erai comrnerciai ar.=,.. (6) The business abuts upon existing commercial off-street parking areas. (7) The car washing facilities are de- signed to provide for a- coin-operated drive-through operation. Subd. 7. Buffer Area. There shall be a buffer area of at least 15 feet in width, landscaped with evergreen shrubs to form a continuous hedge, the remainder of such buffer area to be maintained as a lawn or flower beds, on the side cr sides of the site which adjoins prop- erty used or zoned for single family, two-family, or multiple family use. Subd. 8. $~rrfacing ands Maintenance. Each such .establishment shall h a v e paving, surfacing and drainage of the site, and wash water disposal and sludge removal facilities sufficient to a s s u r e complete dust and mud abatement on the premises and so as to -prevent the accumulation of surface water, wash water or sludge on or in the vicinity of the premises. Subd. 9. Advertising. Each such estab- lishment shall have no more than one permanent detached display sign be- tween the structure and the street. front- age line.. Subd. 10. Exterior Lighting. All exter- ior lighting shall be placed and operated so as not to be a nuisance or s o u r c e of annoyance to adjacent properties. Both the interior or exterior shall be clearly lighted at all times while busi- ness is being conducted. Subd. 11. Access Drives. The location and width of access drives shall be -as follows: (1) Not closer than 20 feet to a street intersection, measured at the curb line commencing at the intersection of the curb lines extended. (2) The radius of an access drive shall not extend beyond a property line extend- ed. (3) Not closer than 25 feet to another driveway provided access to t h e same lot, measured at the property line. (4) Not wider than 30 feet, measured at the property line. (5) The maximum radius of all access drives shall be five feet: (6) No ar_cess drives shall be permitted on state, county or local state-aid high- ways, except in cases where there are practical difficulties or unnecessary :card ships in the way of strict application of this provision, and a permit can be grant- ed without creating or complicating a traffic problem in such highway. Ac- cess drives shall be so located as to avoid the creating or complicating of danger- ous traffic problems- (7) The wash line exit doors shall not be less than 40 feet from the street prop- erty line Subd. 12. Special Regulation - Coin•Op- erated! Establishments. At any coin-op- erated-automobile washing establishment the following regulations are applicable: (1) The coin mechanisms used shall be designed so that they cannot be readily broken open. (2) If no one is in attendance, the busi- ness shall• be closed between the hours of 12:00 midnight and 6:00 A.M. of the fol- lowing day. (3) If no one is in attendance, the op- erator of the business shall have some- one available on call at all times, to pro- vide service when needed. The telephone number of such person shall be con- spicuously displayed in the business es- tablishment. (4) Any acts of vandalism, pilfering, or disorderly conduct shall be reported to the city Holice department by the op- erator or any employee who has knowl- edge of the same. Subd. 13. Surfacings and Maintenance- Ad'vertising. Any such business establish- ment shall have blacktopped surfacing in all areas where motor vehicles are to be driven or parked, Barrier or bump- er curbs shall be provided, as required by the city, to provide orderly traffic control on. the premises as well as at P!~i?iis of ingress and egress. All outside arF:~s i3ot surfaced shall be landscaped. Streamers, pennants and other attention- da.stra.cting devices shall not be used on t:iae lpremises. Subd. 14. Non-Residential Off-street Park- inry Regu'l~tions. The provisions of the co~!K; e~f tk,e city regulating the establish- m~- :t and maintenance of off-street park- in>; areas contained in Chapter III shall h co~rApt~ed with at any automobile washing establishment. Subd. 1~~, Equipment. The equipment used in any- such establishment shall be sa oesi^ned and maintained as to avoid. i. 1 y o cam, 'cis or damage to their pro,, ° ;y. Vv site; temperatures shall be maintained as to ~yoi~l injury tp persons o, denid'~r„ tai°their property. Water tem- peratures shall be maintained at a mod- crate level to avoid scalding, and chem- icals shall not be used or .permitted to be used if they are of such strength as to cause damage to property or injury to persons. Subd. 16. License Fee. Licenses for such business shall be on a calendar year basis. The annual license fee is X25.00. The license fee for part of a calendar year is the same as for a full year. Subd. 17. License Application. An appli- cation for such license shall be made to the city clerk, on such forms as are re- quired by the city manager, and shat. be accompanied by the license fee. Such license application shall be investiga'red by the city manager or such persons as he may designate, and shall then be sub- mitted to the council which shall grant or deny the same. Subd. 18. Insurance Requirements. If the council determines to grant the li- cense, it shall not be issued until the applicant has filed with the city clerk proof that he has in force a policy of pub- lic liability and property damage insur- ance on the premises to be licensed. Such insurance shall insure against personal injury or wrongful death in the amount of at least $100,000 for each person and at least $200,000 for each accident, and shall insure against property damage for at least $10,000 for each accident. Such insurance shall provide for the giving cf notice to the city of the termination or cancellation of said policy. Whenever any such notice is received by the city, the license for the insured premises shall be suspended automatically until the in- surance herein required is provided. Subd. 19. Ground's for Revocation. Any repeated or sustained violations of this section or any repeated acts of vandal- ism, pilfering or disorderly conduct on licensed premises shall be grounds for revocation by the council of the opera- tor's license. 6.05 Regulation of Scavengers. Subdivision 1. License Required. No per- son shall follow or practice the occu- pation of scavenger, or act as a scaven- ger within the city without first having obtained a license as herein provided. Additionally, no person shall empty the contents of any privy, privy box, vault, sink, septic tank or cesspool into any manhole or other outdoor sewer instal- lation in this city unless being so licensed. Subd. 2. Transportation of Faei'lities. No part of the contents of any such facility shall be removed therefrom, nor shall any of the contents from any such fa- cility be transported into, within or through the city unless the same is re- moved or transported by means of some airtight apparatus, whether pneumatic or some other process, so -as to prevent the .said contents' from being agitated or exposed in the open air during such process of removal or transportation. Subd. 3. Fumes. Any tank, vehicle and apparatus must be maintained and op- erated in such manner as to avoid the omission of offensive fumes or the spill or loss of any unsanitary or offensive substance. Subd. 4. Disposition of Contents. No part of the contents of any privy, privy box, or vault shall be emptied into any manhole or other outdoor sewer installa- tion in this city. Subd. 5. Permit for Dumping. In _the event that a cesspool must be opened in order to remove the contents of the same, or the contents thereof dumbed in a city sewer, a permit must first be secured from the chief inspector, and a fee of $1.00 shall be paid for such permit. Subd. 6. Scavenging Work Limited to Licensees. No person other than a proper- ly licensed scavenger shall clean any sanitary or plumbing facility listed in Subdivision 1, nor shall a person deposit any of the contents thereof in any un- authorized place within the city. Subd. 7. Application for License. Appli- cation for a scavenger's license shall be made to the city clerk, shall be signed by the applicant and shall contain the name and address of the proposed license a.eid of the owner and license numbers of the vehicle or vehicles to be used _ ~ ana equipment to be u_ed. Such appli- cation shall be filed with the clerk who shall forthwith transmit the same to the director off pjablic works. and the chief of police f~.r approval. Each vehicle so used shall have a s~°parat!e license. R7p- on approval by the chief of police and the director of public, works the ap- plication shall be submitted to the coun- cil for consideration. Subd. 8. License Fee. Ttie fee for suoli Iicense is' $20 pc:r vehicle per year or fractional part thereof.- Licenses. expire on December 31 next following .the date when they become effective. Subd. 9. Equipment Licensed, Such li- cense shall constitute a registration of the vehicle so licensed and of. the tanks, containers and equipment to be used therewith, and no other vehicle, tank or equipment may be used without first obtaining written approval of such sub- stituted vehicle, tank or equipment from the chief of police and director of pub- lic works. Subd. 10. Identifi'eation of Equipment. The name of the licensee or his regis- tered name shall be printed in plain let- ters, along with the license number, on each side of the cab of such vehicle. Subd. 11. Use of Vehicle. No person shall cause or permit any vehicle used for scavenger hauling to stand or re- main at or near any public building or residence or upon .any street, alley, lot or other public place, for any longer time than is actually required in the .loading, conveying and unloading there- of. Subd. 12. Bond Requirements. No li- cense shall be issued unless and until the person, firm, association, partnership or corporation applying for such license first files with the city clerk a corpo- rate surety bond in the principal amount of $2,000, conditioned upon the faithful performance by the applicant or his agents of all things required by this code and is further conditioned so as to guarantee that said applicant restores all streets, alleys, or other public grounds, or sewers, manholes or appur- tenances thereto to their former -good condition, to the satisfaction of t h e council, if any such public property is damaged by applicant or his agents in the course of operating as a scavenger. Subd. 13. Insurance Requirements. No license shall be issued unless and until the applicant first files with the clerk a policy or policies of insurance insur- ing such applicant and the city against loss for each licensed vehicle in the sum of at least $100,000 against liability im- posed on .account of damage to or de- struction of property by reason of the ownership or operation of any such ve- hicle. Any such policy shall provide that it may not be cancelled by the insurer except upon notice to the city. In case of cancellation of such insurance, such license shall be suspended automatically until such insurance has been replaced. Subd. 14. Dvm~ping of Contents. Dump- ing of the contents of any such vehicle in the city sanitary sewer system shall be limited to contents removed fro m installations within this city unless the council, by resolution, permits s u c b dumping from other designated munici- palities. No such dumping shall beper- mited except at manholes designated by • the director of public works and special- ly equipped for such dumping, a n d only if the person doing such dump- ing has obtained a permit as hereinbe- fore required. Emergency dumping by licensed scavengers may be made at such authorized manholes on weekends and holidays when city offices are not open, but in such event the person do- ing such dumping shall obtain a permit on or before noon of the next following secular day. Such dumping shall be done only on week days, Monday #hrough Fri- day, between the hours of 8:.00 a.m. and 6:00 p.m. and on Saturdays, Sun- days and holidays during said hours only in emergency cases. Vehicles used for dumping into the city sanitary sewer system shall be equipped with a gate valve and hose to control the flow of contents into such sewer. Subd. 15. Revocation. Violation of any of the provisions of this section shall result in automatic revocation of li- censee. 6.06 Garbage and Rubbish Hauling. Subdivision 1. Definitions. The following terms shall have the meanings ascribed to them in this section: (1) "Garbage" means kitchen offal and all other refuse matter composed of either animal or vegetable substance. (2) "Rubbish" means any ashes, re- fuse, trash, litter or any other foul or unhealth material. Subd. 2. License Required. No person shall engage in the business of hauling or conveying garbage or rubbish in the city without first obtaining a license. Subd. 3. License Applicatioe. Any person desiring a license shall make application to the clerk. The application shall ac- curately state: (1) The names of the owner .and, tbe. licensee;, (2) The proposed charges for hauling; ~~ i, _ , PAGE 34-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD 'k -,\ r,ti (3) A description of the kind of sere ..ices to be rendered; (4) A description of each motor ve hicle to be used for the hauling. Subd. 4. Insurance Requirements. No li- cense shall be issued until the applicant files with the clerk a current policy of insurance covering all vehicles to be used by the applicant in his business. The limits of coverage of such insur- ance are: (1) Each person injured, at least $10,000. (2) Each accident, at least $20,000. (3). Property damage, at least $5,000. 'Subd. 5. Notice of Cancellation of Policy. Each policy shall expressly provide the city with a 10-day notice of any termina- tion or cancellation of coverage there• under. Each, license issued shall termi- nate upon the termination of the requi- site insurance coverage. Subd. 6. License Fees. The annual li- cense fee is $25 for the first vehicle and $10 for each additional vehicle used in the business of garbage and rubbish hauling. Subd. 7. Vehicle Restrictions or Use of Vehicles. Vehicles used for garbage and rubbish hauling shall be provided with end and side boards of sufficient height to prevent any part of the load from 'falling or leaking. Such vehicles, except when loading or unloading, shall be kept covered with canvas, metal or wooden covers attached to the sides and ends. The .name and address of the vehicle owner shall be printed on both sides of each vehicle in clear and legible type. Subd. 8. Time of Operations. No person engaged in hauling rubbish, garbage, or other refuse material for hire shall do so-after 8:30 p.rn. or before 6:30 a.m. of any day': Additionally, there shall be no garbage pickup in single family resi- dences on Sundays. Subd. 9. Licenses Non-Transferable. Li- tenses issued under this section are non- transferable unless this requirement is expressly waived by the council. Appli- cation for transfer may be made to the clerk in the same manner as applica- tion for any issue of a license. There shall be a $1 fee for a transfer which shall accompany the application. Subd. 10. Receptacles for Garbage and Rubbish. Every owner, manager, pro- prietor, agent or occupant of any house, store, hotel or restaurant within said city shall provide watertight .receptacles for the reception of garbage, cans and other refuse, and shall place the same upon the premises such persons may own, oc- cupy or control in a location as remote as possible from arty surrounding dwell- ing; and shall empty and cleanse the same or cause the same to be emptied or cleansed as often as may be necessary to prevent such receptacles or contents thereof from becoming a nuisance, or as often as the health officer of the city may direct by posted order. Such recep= tacles shall be kept covered at all times. 6.07. Motor Vehiele Dealers. .Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section:. (1) "Dealer in motor vehicles" means any person engaged in the business of buying or selling, or both, either new or used motor vehicles. This term does not include the manufacturer of motor vehicles. (2) "Demonstrator" means a motor vehicle which has never been sold by a dealer in motor vehicles. (3) "Executives' or officials' cars" means motor vehicles actually used by a bona fide executive or official of the manufacturer or dealer. (4) "Motor vehicle" means both new and used automobiles; trucks, motorcy- cles and similar motor vehicles except as provided in Subdivision 10 of thrs section. Subd. 2. Scope of Section. A dealer in motor vehicles licensed under this sec- tion is not, by reason of such license, authorized to engage in the business of wrecking or dismantling motor vehicles or in the business of keeping, storing for sale or selling any. used parts of motor vehicles. Subd. 3. License Required. No person shall engage in the business of dealing in motor vehicles without first having obtained a license. Such license shall authorize the licensee to carry on such business only at the place designated, and no such license shall be issued un- less the applicant has an established place of business. `iubd. 4. Contents of the Application. ~i'fie #~llowin^ subjects shall be .covered in the application. ~;1) T;he application shall state the ap- plicant's name, his age, residence and whether he is a registered voter of the city. If the applicant is a partnership, the application shall include the names of all partners and shall be verified by one such partner. If the applicant is a corporation, the application shall include the names of all of the officers and shall be verified by one such officer. (2) If additional licenses are applied for, the application shall state the ad- dresses of such additional places of busi• poss. (3) The application shall state the busi- ness and residence addresses of the ap- plicant for a period of five years prior to the application date, whether the ap- plicant is sole owner of the business and that no persons other than those named in the application have any interest in the management and control of the busi- ness. (4) The application shall be accom- panied by the favorable recommenda- tions of two citizens of the city, attest- ing to the integrity and business ability of the applicant, or, if applicant is a partnership, the same attestation as to each partner, or, if applicant is a tor- - poration, the same attestation as to the corporate officers and managers. (5) The applicant shall provide a plot plan or drawing showing: (a) The total area of the business premises; (b) The location of streets and alleys adjacent to such premises; (c) The location or proposed location of any building to be used in connection with the business; (d) The proposed location, size and kind of billboards or advertising signs; (e) The proposed location of vehicle entrances and exits; (f) Such other information relating to the use of the property as the city en- gineer requires. Subd. 5. License Fee. The annual fee for licenses for the first place of busi- ness owned and operated by a licensee is $50. The license fee for each addi- tional establishment operated by the same licensee is $15. Subd. 6. Bond' Requirements. The fol- lowing bond requirements shall be im- posed: (1) Each application shall be accom- ponied by a bond in the amount of $5,- 000 running to the city for the benefit of any person who sustains any injury covered by the bond. (2) The bond shall be executed by the applicant, as principal, and by a cor- poration which is licensed in this state to transact the business of fidelity and surety insurance, as surety. (3) The bond shall be so conditioned that the principal will indemnify any person for: (a) Any direct loss suffered by dis- honesty on the part of the principal in the substitution of a motor vehicle or parts thereof other than the one selected by the purchaser; (b) Failure, through dishonesty, to deliver a clear title to those legally en- titled thereto; (c) And misappropriation of moneys or property belonging to a purchaser, received by the principal in payment for a motor vehicle; (d) Any loss due to an alteration of a motor vehicle made by the principal in order to deceive the purchaser as to the year model of any. motor vehicle sold; (e) The violation of any of the pro- visions of this section. (4) ~ Regardless of the number of li- censes issued to one licensee, such li- censee need file only one bond; provided, however, that the city reserves the right to increase the bond amount if more than one licensed establishment is to be concerned. Subd. 7. Conditions Governing Issuance. The following conditions are imposed upon all licensees: (1) Business Hours. The premises shall be closed and there shall be no transac- tions relating to motor vehicles on or adjacent to such premises on any Sun- day,. legal holiday or on any other day between 9:00 P.M. and 8:00 A.M, next following. (2) Maintenance of Premises: The premises and the boulevard area adja- cent to it shall be kept in a neat and clean condition at all .times, free from refuse, vehicle parts, papers, weeds and the like. (3) Disturbances to Adjacent Proper- ty. Licensee shall not permit the un- necessary blowing of horns, flashing of lights, racing of motors or ~~.ny other activity that dISturbs the occupants of ?~eighbcrine I~raperty. Plaod,li;^;7its s ;all ^ot be used .~n tl;o ,~remisc , prop Iced, ?~owever, strong iigilta of a reti~c~~or ~•;pe %'?a;~/ be 'Sod. l~? Parkin Areas anc9 Driveways. iG4e " ,~ parking and service drive areas shall be topped with asphalt or similar hard material and such surfacing shall be kept in good repair at all times. (5) Bui'Idings and Shelters. No tents, shacks or shelters shall be kept or used on the premises. Any building used for office purposes shall meet the re- quirements of the building and plumbing sections of this code and conform to the setback lines of the- area. All buildings shall be kept well painted and in a good state of repair. (6) Vehiele Parking. Motor .vehicles that are being purchased or sold by the licensee shall not be parked on the street or in any alley adjacent to the licensed premises. Driveways, alleys and streets shall not be blocked by parked motor vehicles. Subd. 8. General Business Requirements. The following general business require- ments shall-be imposed: (1) Sales Memorandum. At the time of any sale, the licensee shall furnish to the motor vehicle purchaser a plainly written statement signed by the liters- see, his salesman or agent showing:. (a) Name of the salesman; (b) Name and address of the licen- see; (c) Name and address of the pur- chaser; (d) Date of the sale; (e) Purchase price and whether fi- nanced in cash .or on terms; (f) If on terms, the exact terms in- cluding insurance and interest; (g) Name, factory-year model, li- tense, motor and serial numbers of the motor vehicle. (2) Registration Card. The registration card for any motor vehicle sold shall be forwarded by the dealer to the secretary of state of Minnesota, not later than sev- en days after the date of the sale. It is unlawful for any dealer to receive and refuse to give to the owner thereof any registration card. (3) Encumbered) Motor Vehicles. If any licensee sells a motor vehicle which is subject to a mortgage, lien or payment. and this fact is known to the licensee or any person acting. on his behalf, the licensee shall furnish a statement in writing to the purchaser definitely stat- ing the amount of such mortgage, lien or payments and the name and address of the holder or owner of such mortgage, lien or other indebtedness. If such mort- gage, lien or indebtedness exists and is not disclosed by the licensee to the purchaser of the motor vehicle, the li- censee, upon being informed thereof, shall pay the obligation represented by such mortgage, lien or indebtedness. (4) Speedometer Mileage. It is unlaw- ful for any licehsee to reduce the mile- age shown on the speedometer of any mctor vehicle. The licensee shall keep an accurate record of the mileage at the time the motor vehicle is acquired by him and accurately state in writing on the sales agreement the number of miles as of the date of the sale of such motor vehicle. (5) Blank Contracts. It is unlawful for any licensee to obtain the signature of a purchaser to anv blank contract, bill of sale or other writing or memorandum relating to the sale of a motor vehicle. (6) Promissory Notes. Whenever any dealer signs or elves to anv person who sells to such dealer a promissory note in Hart or full .payment for a vehicle being-purchased by said dealer, with in- tent to defraud the seller thereof, the license 'of the dealer shall be revoked. The failure of a dealer t~ pay any such promissory note when due is prima facie evidence of intent to defraud-the seller.. Subd. 9. Advertising Requirements... (1) No dealer shall advertise any motor vehicle as being sold by its owner at the residence of the owner, if such vehicle is actually owned by the licensee and sold in the course of his business. (2) No licensee shall use any adver- tising,. whether printed, by radio, tele- vision, display or of any other nature, which is not accurate in all its material particulars or which misrepresents mer- chandise including its use, .trademark, grade, quality, quantity, size, origin, ma- terial, content, or preparation of credit terms, values, policies or services and no licensee shall use advertising or sell- ing methods which tend to or actually deceive or mislead the public. No li- censee shall use advertising which re- fers inaccurately in any material par- ticular to any competitor or his mer- chandise, prices, values, credit terms, policies or services. (3) No motor vehicle shall be adver- tised as "repossessed" or "sold for bal- ance of contract duo," unless such is ::dually t?Ie c«se ~.:ci t" e +.u#omobile 1?as ~?een renossess~,d or : >;e~rg said #or Who ~a:ance due cr. tl:c ~antra.ct. (4) AMO mOt:,r ~E~[YCfe ~~`}.tC~l c a Ciem- onstr~,tor ~•r an c,xr'.catl~~<"s .r o:9iciiy:'s . -. .. .. ~_. :r _ car shall be advertised or represented as a new automobile. (5) All motor vehicles-which have been used as taxicabs, police cars, sheriffs' cars or for sir.Iilar purposes, shall be accurately described as such in any ad- vertisement or representation made re- lating to such orator vehicle. (6) In any advertisement relating to new motor vehicles, when the price is advertised, t:he advertisement shall clearly indicate if the price is subject to addition of state or local taxes, de- livery charges, accessories or any other item, and when the price is included in an advertisement for used motor vehi- cles, such price shall be the complete driveaway price, exclusive of finance and insurance charges and license fees, which shall also be set forth in the advertisement. All such motor vehicles, both new and used, when so advertised, shall be in proper and efficient operat- ing condition, unless otherwise plainly stated in the advertisement. Subd. 10. Limitation on License. No li- cen§e ~ssae~,~~ey~ tn. this section shall ermit the sale of"Rti~ew.,e~,,~ ~~,. trucks over 11/a tons or trailers or'fib'~ , "°<~ trailers on the licensed premises without . special permission from the city ob- tained at the time the license is issued. 6A8 Regulation of the Motor Bicycle Business. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Motor bicycle" means aself-pro- pelled vehicle used on the public high- ways, having a saddle or seat for the use of the rider and designed to travel on .not more than three wheels in contact with the ground. The term includes mo- tor scooters and motorcycles but does not include tractors. (2) "Motor bicycle b'izsiness" means selling or furnishing, renting or leasing motor bicycles for pay or hire. Subd. 2. License Required -Exceptions. No person shall engage in the motor bi- cycle business, either exclusively or in connection with any other occupation, without being licensed as provided in this section. Subd. 3. Application. An applicant for a license or renewal shall apply to the city clerk itI writing. fihe application shall be duly verified. Twp kinds of li- censes may be issued by the council. One type of license shall tie for the, sell- ing, renting or leasing of motor bicycles. The application shall specify which type of license is being applied for.. Subd. 4. Contents of Application. The ap- plicant shall submit such information as the city clerk may require, upon blanks supplied by him, including but not lim- ited to the following: The name and ad- dress of the owner, the address of the business, the approximate number of motor bicycles to be used in the business, and the number on the 'state number plate of -each motor bicycle. A license, unless revoked, continues in force through December 31 of each year. Subd. 5. License Fee. The annual license fee is $50 for a license to sell motor bicycles and $75 for a license to sell, rent, or lease motor bicycles, which shall be deposited in the general revenue fund of the city. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on ,the premises. Subd. 6. Insurance Requirements. No li- cense shall be issued until the applicant obtains and files with the city clerk a policy of liability insurance by an insur- ance company authorized to "do business under the laws of the State of Minnesota, to be kept in force for the remainder of the licensing year. The policy shall in- sure the applicant, his renters, and les- sees, and the person operating such mo- tor bicycles against liability for loss in the sum cf $25,000 for injury to or death oP any one person in any one accident, $50,000 for injury to or death of more than one person in any one accident, and $5,000 because of damage to or destruc- tion of property in any one accident re- sulting from the negligent operation, use or defective condition of any motor bi- cycle belonging to the applicant. The pol- icy shall contain a prevision fora con- tinuing liability thereunder for the term of the license to the full ~:~ount thereof, notwithstanding any recovery thereon. The policy shall also contain an e. dorse- ment to the effect tiaat the liability under the policy is not affected by reason of ~nY rrlotor bi.cyc'.e having been furnished t~ or rented cr leased by a minor, and, further tr ~t t-<c city clerk shawl he no#i- pied by lr ~ cr ~t ?~ <st ter days ~~eforo the Ca1ACE,l;~tlPn t~C Y~'C ns~runCe 13plri°.~. Tree no~,cy ela it ,also ee nt,i ~ a ^ro~ ~ ion r o- I {IT7.*~ £or ~.t le ~t ~,~_-.;C r.~?coic;al,n. ym~ is - ----- ,~ , •- -< _ --_ ~.- s.. y. __ . i _ --~-x:J _.- u_, 1 l:@9@;:)@~;~;,,m"3+~L@?'( @e @ct'~ 6aE~@ ;-..-@:a4:i' 7:.i;ii:+Id3iL-AEs4.ee f OFFICIAL-PUBLICATION CITX OF-I1IEHFIELII-THE-RICHFIELD SU'N~PAGE 35 ted 'en Ffs' be ad- re- to 1S ,all ect ie- ter in hi- ~te ce 's, he 's, :d, at- ~ly li• 'ion o ~- ~""-n.:' ut ~b- d. w., I to cover the operator or passenger of such vehicle if personal injury results to the operator or passenger from its use. Subd. 7: Limitations an Leasing and Furnishing. (1) A licensee shall not rent, lease, or furnish a motor bicycle to any person who is not licensed by the State of Min- nesota to operate such a vehicle, or, in the case of a nonresident who is not duly licensed to operate such a vehicle under the law of the state or country of his residence. under the law of the state or county of his residence. (2) It is unlawful to rent, lease 'or furnish a motor bicycle to a person under the age of 18 years unless the person furnishes and leaves with the licensee a statement in writing showing the consent -ef the person's parent or guardian to the rental, lease or furnishing of a mo- tor bicycle to such person. (3) Before renting, leasing or fttrnish- ?s-g- a motor bicycle to a person, the licensee shall make a permanent and ~Te~cord containing the name, ad- dress and age of the person to whom the motor bicycle is leased, rented or furnished, and records on this record the number and date of issuance and expiration of the driver's license, togeth- er with any limitation noted thereon and the description of the person as set forth on the driver's license. The record so kept shall also identify the vehicle rent- ed,leased or furnished to the person by the number on the vehicle's state num- ber plate. Subd. 8. Maintenance of Equipment, The licensee shall maintain in safe operating condition all motor bicycles rented, leased or furnished by him. The licensee, his agent or employee shall explain the operation, including but not limited to the controls, pedals, gears and brakes of the particular motor bicycle to be used by the person before the person uses it, unless the licensee, his agent or em- ployee is aware that the person knows how to operate the particular motor bi- cycle. Subd. 9. Licensee Must Alert User of Safety Precautions. The licensee, his agent or his employee shall call to the attention of the user of such vehicle the precautionary .measures that. must be fol- lowed for the .safety of the driver and the public and shall make available for each motor bicycle at least one sanitized safety helmet, or similar headgear, which is offered for use to the driver. Such driver shall wear the helmet at all times while riding or driving a leased vehicle. Subd. 10. Unlawful Use. It is unlawful for a person to whom a motor bicycle is rented, leased or furnished to rent, sublease or otherwise authorize the use of the vehicle to a person who is not licensed by the State of Minnesota to operate such a vehicle. Subd. 11. Falsification of Information, No person shall use a false motor vehicle driver's license or otherwise give false information in order to obtain the rental or use of any motor bicycle. Subd. 12. Revocation of License. The li- cense to conduct a motor bicycle busi- ness in this city may be revoked by the council by reason of violation of this sec- tion. Subd. 13. Hearing. Prior to any revo- cation, the city shall afford the licensee a reasonable opportunity to be heard. Subd. 14. Application of State Law. Noth- ing contained in this section shall be con- strued to limit or abrogate the provi- sions of Minnesota Statutes 169.974. 6.09 -Regulation of Cemeteries. Subdivision 1. Establishment or Enlarge-. merit -Council Approval. No new ceme- tery or place of burial of the dead shall be established or set apart within the city and no existing cemetery shall be enlarged or extended without the con- sent of the council. Subd. 2. Unapened, or Unused Cemetery. No unopened or unused cemetery or place of burial of the dead established or set apart in the city before the en- actment of this code shall be opened up or used for burial purposes without the consent of the council. 6.10 Regulation of Stables. Subdivision 1. Permit Required'. No per- son shall hereafter erect, keep or main- tain any stable within the city until such person has obtained permission from the council authorizing such erection, keeping or maintaining of such stable, and no permit shall be granted for any such building until permission is obtained as aforesaid; provided, however, that this section shall not apply to any per- son, co-partnership, association or cor- poration who may have heretofore law- fully obtained permission to so erect, keep or maintain such stables within the limits of said city. Subd. 2. Zoning Regulation; Use Prohi- bitions. No permit shall be granted as provided in Subdivision 1 of this sec- tion in any residence district in the city or in any other zoning district where a stable is not an authorized use. 6.11 Sale and Distribution of Tobacco. Subdivision 1. License Required. No per- son, directly or indirectly, upon any pretense, or by means of vending ma- chines or any other. device, shall manu- facture, sell, exchange, dispose of, give 'away or keep for sale any cigarettes, cigarette wrappers, or other tobacco products without first having obtained a license. Subd. 2. License Application. Application for a license shall be made to the clerk on a form provided for that purpose. The fee shall accompany the application. Subd. 3. License Fees. The. fee for such license is $12 per year. Notwithstanding the provisions of Section 5.12 of Chapter V, licenses are issued for a term of less than one year and fees are computed at the rate of $1.00 for each month or frac- tion thereof. Subd. 4. Approval ancU Issuance. The ap- plication shall be .reviewed and action taken on it by either the clerk or the council. Applications may be disapproved only by the council. Subd. 5. Licenses Non-transferable. Li- censes granted under this section are non-transferable. Subd. 6. Cigarette Vending Machines - Location. In all. establishments in which the sale or distribution of cigarettes or tobacco products is offered to-the public, all cigarette or tobacco vending ma- chines shall be situated inside the es- tablishment and locked within in such a place so as to be visible to the proprie- tor of the establishment. Subd. 7. Cigarette and Tobacco Estab- lishments - Prohibitedi Acts. The follow- ing acts involving cigarettes and tobacco establishments are prohibited: (1) The sale of tobacco in any form to a person under the age of 18 years. (2) Failure to affix labeling to cigar- ette vending machines prohibiting use by persons not 18 years of age, as re- quired by Minnesota Statutes 325.765. 6.12. Sale and Distribution of Milk Prod- ucts. Subdivision 1. Scope of Regulation. This section applies to persons selling milk or milk products actually produced on a farm which is occupied and maintained by them. Subd. 2. License Required. It is unlaw- ful for any person to peddle milk or milk products in the city, whether on foot. or from wagons, trucks, automobiles or other vehicles, without first procur- ing a license. Subd. 3. License Application. Upon ap- • plication of any person desiring to ped- dle milk or milk products in the city, the clerk shall issue a written license to peddle milk or milk products for the period specified in the license. Each ap- plication shall state whether the appli- cant intends to peddle on foot or with a vehicle. If with a vehicle, the application shall describe the wagon, truck, auto- mobile or other vehicle to be used. Subd. 4. License Fees. Each application shall be accompanied by the proper li- cense fee, computed according to the following schedule: Food Peddler .. ... .. $10.00 per year Peddlers Using Vehicles (1st Vehicle) ... ... $20.00 per year (each additional vehicle) ............ $10.00 per year Subd. 5. Issuance of License. Licenses shall be issued in the name of the per- son actually owning the business of ped- dling milk or cream. Such license may be used by that person or any of his employees, except that when the Peddling is done with a vehicle, a license shall be used only in connection with the particular vehicle described in the appli- cation, unless transferred in accord- ance with this section. Subd. 6. Transfer of License. When any licensee desires to substitute some other vehicle for the one described in the ap- plication for license, the clerk, upon proper application describing the vehi- cle for which it is to be substituted, shall issue a new or amended license author- izing the use of the substituted vehicle. Subd. 7. Displaying License. The license shall be carried by any person in the act cf peddling milk and shall be shown to any person on request. Subd. 8. Application of State Law. The licensing requirement of this section shall not apply to any vehicle exempt frcum municipal regulation by Minn. Slats. Sec. 17.037, .Subd. 3. 6.13. Soft Drinks Subdivision 1. Definitions. The follow- ing terms have the meanings ascribed to them in this section: (1) "Soft I)rirk" means any liquid or compound commonly known as a soft drink, which has either no alcoholic con- tent or which has an alcoholic content not in excess of one-half of one percent. Subd. 2, License Required. No person shall sell., nor offer for sale by means of vending machines or otherwise, any soft drinks ~vithin tYce city without first obtaining a .license. , Subd. 3. License Application. Applica- tions for license shall contain in the ap- plicant's name, his residence and the lo- cation at which he intends. to conduct sales of soft drinks.. Subd. 4. License Fee. The license fee is $5.00 per year. Subd. 5. Containers for Disposal. All es- tablishments selling, distributing or mak- ing available soft drinks, as defined in this section, in bottles, cans or other disposable containers shall provide suit- able containers for the disposal of such Subd. 6. Maintenance of Ground's and Premises. All establishments selling, dis- tributing or making soft drinks avail- able to the public shall maintain their premises in a clean and sanitary condi- tion and additionally keep all adjoining and adjacent property clean and free from bottles, cans and other containers. Subd. 7. Application of State Law. Noth- ing in this section shall be construed to limit the application of Minnesota Stat- utes Chapter 34. This section has been adopted pursuant to Minnesota Statutes 461.02. 6.14 Sound Trucks, Subdivision 1. Definitions. "Broadcasting vehicle" is any vei~icle motor-propelled or otherwise, on which' is attached any device for amplifying and broadcasting through one or more loud speakers. speech or music, whether produced from records, radio reception or vocally tl-,rough ;microphone, and which projects sound from such vehicle with a total speaker volume of more than one watt. Subd. 2. License Required. No person shall operate any broadcasting vehicle, moving ~or stationary, in the city without first obtaining a license. Subd. 3. License Application. Application shall be made at least seven days before the day or period for which the license is sought. Each application shall state the name and address of the applicant, a description of the vehicle to be used the type of broadcasting device attached thereto, the license number of the ve- hicle, the type of program to be trans- mitted and the days or the period for which a license is requested. Subd. 4. Issuance of License. The clerk shall issue the license unless the appli- cant is found to have been convicted of a prior violation of this chapter. In such case the council shall determine whether a license is issued. Subd. 5. License Fees. Licenses shall be issued either on an annual basis or for a specified number of days. The annual license fee for each vehicle is $50.00. The daily license fee for each vehicle is $3.00 for the first day and $1.00 for each additional day. Subd. 6. Conditions Governing Issuance. The following conditions govern issuance of a license pursuant to this section: (1) Each license issued shall be kept or displayed in or upon the vehicle for which issued, and open to public inspect- tion at all times. (2) Broadcasting vehicles shall make no louder broadcast or sound than is produced by speakers with a total output of 20 watts. When approaching any hos- pital, school which is in session or fun- eral parlor during a funeral service, all broadcasting shall immediately termin- ate and shall not resume until the ve- hicle is at a distance sufficient to avoid disturbing any person within said areas. (3) Broadcasting vehicles shall not broadcast while on the streets and alleys in residential areas of the city. (4) No vehicle shall be operated on Sundays, election days, holidays, .nor on any other day between the hours of 9:00 p.m. and 8:00 a.m., except by special permission of the council. 6.15 Regulation of Transient Merchants. S>bdivision 1. Definitions. The following. terms have the meanings ascribed to them in this section: (1) "Transient merchant" means any person who engages in temporary or transient business in the city, whether in one locality or traveling from place to place within the city, and who hires, leases, occupies or uses any building. structure, vacant lot or railroad car to conduct such business. (2) "Transient business" means and includes the selling of goods, wares, mer- chandise and farm and garden products. Subd. 2. Scope of Section. This section does not apply to any person who sells or .peddles the products of a farm or garden occupied or cultivated by him.. Subd. 3. License Required. A transient merchant shall procure a license before doing business within the city. Subd. 4. License Application, Application for a license shall be made to the clerk and shall specify the nature of the ap- plicant's business, the location of such business and. the time during which the applicant desires to transact such busi- ness.. The application shall be accom- panied by the license fee. Subd. 5. License Fee, The license fee of $10.00 for each day which the applicant intends, to do business. Subd. 6. Duration of License. Upon .ap- proval of any license application, the council shall specify the Period for which the license is valid. Such period shall not exceed the period remaining in the calendar year in which the license is issued. Subd- 7. Registration of State Lioense; Compliance With State Law. In addition to the license required. in Subdivision 5 of this section, any person desiring to do business as a transient merchant within the city shall file proof of his possession of a state license required by Minnesota Statutes 329.11. Additionally, such registrant shall file proof of his compliance with all of the provisions of Minnesota Statutes 329.099 to Minnesota Statutes 329.17. 6.16 Regulation of Wagon Peddlers. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Wagon peddler" means any per- son selling ice cream, popcorn, candy, soft drinks or other confectionary. from a pushcart, wagon, self-propelled vehicle, trailer or similar vehicle, directly to the customer: Subd. 2. License Required. No person shall engage in the occupation of wagon peddler in the city without first obtaining a license.' Subd. 3, License Application. Applica- tion shall be made in writing to the clerk. T'he applicant shall state his name, age, place of residence, the products he pro- pases to sell, the place or places where he has held a similar license, whether such license, if any, has ever been re- yoked and the reason for any such re- vocation, the name and address of the person on whose behalf he is acting if the application is not made on his own behalf, the period for which a license is sought and the license number and a description of the vehicle to be used in such occupation. Failure to provide ac- curate information on said application is a violation of this section. ~. -.. Subd. 4. License Fee. There shall be an annual license fee of $50.00 which shall accompany the application. Subd. 5. Review and Approval, The ap- plication shall be presented to the coun- cil for approval. ' Subd. 6. Conditions Governing Issuance. The following conditions govern issuance of a license pursuant to this section: (1) No peddler shall stop on any street, alley or public place for more than ten minutes at any one time for the purpose of transacting his business, unless spe- cial permission of the council is granted to stop a longer time. (2) No peddler shall create any ex- cessive noise or disturbance in advert>s- ing or announcing his presence on any street, alley or public place. *-~ (3) No such peddlers shall engage in said occupation in any residence district in this city except between the hours of 8:00 a.m. and 5:00 p.m., nor may such - peddlers engage in said occupation in this city on Sunday. (4) All licenses issued pursuant to this.- chapter shall be displayed in a conspicu-. ous place in or upon the vehicle beir used by the licensee in such occupat~ 1: PAGE 36-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD I 6.17 Regulation of Peddlers, Dgalers, Hawkers, Solicitors and Canvassers. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Peddler" and "Hawker" include any person who goes from house to house, from place to place or from store to store conveying or transporting goods, wares or merchandise or offering or ex- posing the same for sale or making sales and delivering articles to pur- chasers. (2) "Canvasser" and "Solicitor" in- clude any person who goes from place to place or from street to street soliciting or taking or attempting to take orders for sale of goods, wares, merchandise or personal services of any nature what- soever for future delivery or future per- formance whether or not such individual has, carries, or exposes for sale; a sam- ple of subject of such order or whether or not he is collecting advance payments for such orders. Any such activity shall be deemed canvassing if it has as its ultimate purpose the obtaining of orders of such nature even though it may not purport, initially, to be an effort to ob- tain such an order. Subd. 2. State License Required'. No per- son shall engage in or follow the business or occupation of hawker or peddler with- in this city without first having obtained a license for that purpose as provided by Minnesota Statutes Chapter 329. No person not having a license shall be en- titled to register for hawking or peddling within the city as provided in Sub- divrsron 3 of this section. Evidence of such license shall be presented to the city clerk at the time of registration. Subd. 3. Registration Fee. There is a registration fee of $3.00 for such person registering in accordance with this sec- tion. Subd. 4. Conditions Governing Registra- tion. Registration shall be made with the city clerk of the city at least five days prior to the date when the activity to be carried on is to commence. Persons registering must file with the city clerk an accurate sworn registration state- ment in writing, on a form furnished by the city clerk, which gives the following information: (i) Name and physical description of the applicant; (2) Complete home and local address of the applicant and, in the case of tran- sient merchants, the local address from which proposed sales will be made; (31 A brief description of the nature of the business and the product or services involved; (4) If employed, the name and address of the employer, together with creden- tials therefrom, establishing the exact relationship; (5) The dates .and hours of the day during which the activity will be carried on; (li) The source of supply of any goods or property proposed to be sold or orders taken for the sale thereof, where such g;;ods or products are located at the time said registration is filed and the proposed method of delivery; (7) Two copies of a recent photograph of the registrant, which picture is ap- proximately 21/z:' .x 2~/z", showing t h e head and shoulders of the applicant in a clear and distinguishable manner; (8) A statement as to whether or not the registrant has been convicted of any crime, misdemeanor or violation of any municipal ordinance of any municipality other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; (9) The last municipalities, not to ex- ceed five, where the applicant carried on business, immediately preceding the date of the application and the. address from which such business was conducted in those municipalities. (10) Proof of being licensed by the State of Minnesota and the city where such licenses are required. Subd. 5. Exemptions. The provisions of this section do not include the acts of persons engaged in the following activ- ities: (1) Selling personal property at whole- sale to dealers in such articles; (2)' Acting as newsboys; (3) Selling products of ttie farm or garden occupied and cultivated by the person selling such products; (4) Soliciting money, dorJations or fi- nancial assistance of any kind for any religious or charitable organization or selling or distributing literature or mer- chandise for which a fee is charged or solicited on behalf of such an organiza- ~ tion. This exception does not include any Nunactivity which has as its primary pur- ~'ollo?ose profit for the individuals who are the .gaged in such activity; ;1) %5) Calling upon householders in con- -; , c. nection with a regular route service for the. sale and delivery of perishable daily necessities of life such as bakery prod- ucts, dairy products or ice. This excep- tion does not relieve such person of the duty of compliance with any other applic- able provision of this code. Subd. 6. Proof of Registration. Upon re- ceipt of a complete registration, the clerk shall transmit the same to the chief of police for informational purposes. Within five days after such registration the city clerk shall provide the registrant with a written certificate showing proof of registration with him. Such proof of registration shall have one copy of the registrant's photograph attached to it, and shall be exhibited by the registrant upon request of any person in the city who is being contacted by .the registrant in pursuance of the registrant's register- . ed activity. Subd. 7. Registration Nontransferable. No registration is transferable from one individual to another. Each individual shall be separately registered where more than one individual is involved in the same type of activity even though associated with the same organization. 6.18. Sale of Christmas Trees. Subdivision- 1. Definitions. The following . terms have the meanings ascribed to them in this section: (1) "Christmas tree" means and in- cludes any cut evergreen, fir, spruce or other tree of like kind for use as what is generally known as a Christmas tree. Subd. 2. License Required. No p e r s o n within the city shall give away, trade, barter or sell at retail any Christmas tree without first having secured a li- cense. - Subd. 3. License Application. Each ap- plicant for a license shall file with the clerk a written application, stating his correct name. address and. place of in- tended sale of such Christmas trees to- gether with the name of the person from whom, and the place from which he in- tends to cut or secure the Christmas trees. Subd. 4. License Fee. The annual fee for the licensing herein required is $25.00 per year which sum accompanies the appli- cation for such license. Subd. 5. Conditions Governing Issuance. The following conditions govern the is- suance of such license: (1) The fire department shall be noti- fied of all proposed sites for the sale of Christmas trees and shall give its rec- ommendation as to site approval to the clerk prior to issuance of a license. (2) Licensees and owners of all sites shall be responsible for cleaning up the site used for the sale of Christmas trees after termination of sales. (3) Licenses under this section shall be issued only to residents of the city. 6.19 Motels. Subdivision 1. Scope of Section. T h i s section does not apply to facilities or premises operated as trailer coach parks as defined in Chapter ~7, Section 5.56, nor to private dwellings where not more. than two rooms are used for- overnight lodging. Subd. 2. Definitions. The following terms Have the meanings ascribed to them in this section: (1) "Lodging units" are cabins, cot- tages; and like structures. (2) "Motel" includes any tract of land or location where an overnight lodging facility is provided by use of lodging units for persons traveling by automo- bile or otherwise, whether or not oper- ated in conjunction with a trailer coach park. (3) "Trailer coach park" means a trail- er coach park as defined in Minnesota Statutes 327.14, et seq. Subd. 3. License Required. No person shall operate or maintain any motel in the city. without a license. Subd. 4. License Application. Any person desiring a license shall make written ap- plication. The application shall set forth the name 'and address of the property on which the motel is situated- the name and address of the owner of said property and the number of lodging units in the motel. The license fee shall accompany the application. Subd. 5. License Fees.- License fees are as follows: For the first lodging unit - $5.00; for each additional single lodging unit - $2.50, Subd. 6. Approval and Issuance. T h e council shall approve or disapprove all applications. If the application is ap- proved, the clerk shall issue the license. Subd. 7. Inspection. Each motel located in the city shall be periodically inspected by the city health officer or sanitarian who shall make written reports of said inspections which shall be given to the council. Subd. 8. Maintenance Standards. T h e following are considered minimum stan- dards to be maintained by licensees un- der this section: (1) All bedding, mattresses, and pil- lows shall be kept clean. and sanitary. Clean sheets and clean pillow cases shall be changed daily or, if used from day to day by the same person, as often as is necessary to keep. it in a clean and sanitary condition. (2) A bed with bedstead shall be pro- vided for each lodger and no lodger is allowed to sleep elsewhere than in such bed. (3) All water closets, wash basins, bow 1 s, windows, fixtures, fitting and painted surfaces shall be at all times kept thoroughly clean and in good repair. The floors of all rooms, passages, and stairways shall be sound, in good repair and either shellacked or painted; t h e same shall be either scrubbed, wet swept or otherwise treated as often as is neces- sary to keep them thoroughly clean and sanitary. All walls and ceilings shall be thoroughly cleaned or painted at least twice each year. (4) Each motel shall be provided with an adequate supply of wholesome water and with adequate and sanitary toilet fa- cilities and at all times be kept clean and free from vermin and filth. Facil- ities shall be provided for the effective disposal of sewerage, garbage and rub- bish. Subd. 9. Registration of Lodjers. T h e motel proprietor at all times shall place and maintain a number or other desig- nation on each lodging unit and provide and keep a register book. He shall cause to be registered in ink in such register book the name of each person staying at such motel and occupying a lodging unit therein, the place of residence of the person registered, the license num- ber of the automobile in which the. per- son is traveling, and the designation of the lodging unit occupied by him,in the motel. Subd. X0. Period' of Residence; Permit Fee. No person shall be permitted to reside in any lodging unit for a period of longer than six months from the date of his first registration in the motel with- out first obtaining a permit from the council. Such permit may be rssued for a fee bf $1.00. If the council grants the permit, it may specify the length of time for which the permit is granted. No person is permitted to reside in any lodging trait for a longer period than that specified in the permit unless a new per- mit is obtained. Subd. 11. Parking of Trailers and Auto- mobiles. Parking space for automobiles and trailers may be provided at motels, but no trailers shall be used for housing or sleeping accommodations unless they are located in a licensed trailer coach park. It is unlawful to remove the wheels or any part of the running gear • nec- essary to transport a trailer which is parked at any motel. Subd. 12. Posting of Regulations. T h e licensed operator- of a r-.°•'..,i shall post in each rental unit a copy of the laws and regulations governing residents of motels in the city. Subd. 13. State Law. Nothing in this sec- tion shall be interpreted to limit or abro- gate the provisions of Minnesota Statutes Chapter 157 applicable to the regulations contained in this section. 6.20 Taxicabs. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Taxicab" means a motor vehicle regularly engaged in the business of car- rying passengers for hire, having a seat- ing capacity of less than eight persons and not operated on a fixed route. (2) "Auto liveries" means vehicles used indiscriminately in conveying the public. The term includes vehicles avail- able to the general public for carrying passengers for hire, but does not include registered route common carriers as de- fined in Minnesota Statutes Chapter 221. Subd. 2. License Required'. No person shall engage in the business of operating taxicabs or auto liveries in the city with- out first obtaining a license. Subd. 3. Contents of Application. A n y person desiring to engage in the taxicab or auto livery business in the city shall submit an application setting forth: (1) The name and address of the ap- plicant, (2) The experience of the app~a, .. _.. the. transportation of passengers; (3) The make, body style and model year of each vehicle to be operated by the applicant; (4) The locations of all proposed depots and taxicab terminals; (5) The color scheme or insignia, if any, to be used to designate the appli- cant's vehicles. Subd. 4. License Fee. The annual license fee is $20 for the first taxicab or auto livery and $10 for each additional taxi- cab or auto livery operated at any time within the licensing period. Subd. 5. Insurance Requirements, No li- cense shall be issued, and any existing license shall be immediately revoked by the manager, until the applicant .or licen- see files with the city a current policy of insurance whereby .each vehicle f o r which a license is required is covered against loss or injury in the following amounts: (1) Each passenger, at least $25,000; (2) Each accider.~t, at least $50,000; (3) Property damage, at least $10,000. If the applicant has qualified as a self- insurer under Minnesota Statutee~-Secti~ 170.52, and has filed with the Clay ~-E~, tified copy or a duplicate original of his self-assurance certificate issued by the state commissioner of highways, ' no policy of insurance shall be required to be filed with the city. In lieu of a policy of insurance or certificate of insurance, applicant may file with the city a surety bond issued by a surety company, au- thorized to do business in the State of Minnesata, in the sum of $50,000 running to the city far the benefit of the city and of all persons who may suffer dam- ~- ages or injury to person or property arising out of the ownership, operation,- use or maintenance of any one person injured or killed or whose property is damaged, and $50,000 on any one acci- dent, irrespective of the number of per- sons injured or killed or the amount of damage to property.. This bond shall be kept in full farce and effect during the full time of the license and the liability thereon shall be continuing, n o t w i t h- standing any recovery thereon.If a bond at any time during the term of the li- cense is deemed to be undesirable by the city it shall be replaced by a suitable bond to the licensee. The bond shall con- tain provisians guaranteeing payment of any •final judgment entered against the owner or licensee of any taxicab licensed with the city irrespective of financial responsibility qr of any acts or omis- sions of the owner or licensee. Subd. 6. Approval by City Attorney. Ev- ery surety bond procured under this sec- tion shall be first approved by the city attorney before a license is issued. Subd. 7. Notice of Cancellation - Insur- ance. insurance procured pursuant to this section shall provide for. notice to the city of tb.e termination or cancellation of coverage. Each license issued to the licensee whose insurance is cancelled or terminated shall be suspended automat- ically until the insurance herein required is provided. Subd. 8. Investigation and Inspection. Each application shall be referred to' the chief of police for investigation of the applicant and any vehicle to be operated in his taxicab or auto livery business. The -chief of police shall determine the operating condition of any such vehicle and make a xeport to the council based on his findings. The council may grant licenses applicable only to those vehicles described in the application and approved in the report of the chief of police. Subd. 9. Adklition of Other Vehicles. In the event that. the _:censee desires to ob- tain approval of vehicles other than those described in the original application, he shall proceed as he did with hisoriginal. application. The license fee shall be paid as to each additional vehicle, notwith- standing the discontinuance of the use of any previously approved vehicles. Subd. 10. Mechanica'I Requirements for Taxicabs. No license shall be issued un- less the taxicab or auto livery is: (1) In a thoroughly safe mechanical condition; (2) Plainly marked as a taxicab or auto livery; (3) Equipped with doors that may be. easily opened from both inside and out; (4) In good appearance -well painted and clean inside; (5) Equipped with a. taxime;pr in good working order which has a light 5~ placed as to enable the xassenger at all times to see the fare registered when operating on the meter basis. (6) Equipped with a printed card con- taining the taxicab license number and the authorizel fare rate printed thereon. in figures and letters easily seen by pas- sengers seated in the taxicab; (7) Equipped with shatterproof win- chicle Y style and model t° be operated by ms of all proposed depots ninals; scheme or insignia, if to designate the appli_ wee, The annual license ' first taxicab or auto ' each additional taxi- operated at any time ig Period. Require-nents. No H- ued, and any existing mediately revoked by the applicant or licen- tY acurrent policy of ' each vehicle f o r required is covered ury in the following, er. at least $25,000; at .least $50,000; age, at least $10,000. >otaaStatutas a self- with the ci s Sectiti= -a. cite originate --`- °ate issued bof his of highways,y~ tno gall- be required to In lieu of a policy cite of insurance ~ the city a surety etY company, au- s in the State of ~f $50 000 running nefit ~of the city may suffer dam- shi or property A> operation,. any one person lose property is " i any one i number of acci- . ~ the amount of s bond feet durinall be g the nd the liability ~, notwith_ reon. If a bond erm of the li- ~sirable by the o d shall eon g Payment of d against the :icab licensed of financial its or orris- nsee. ff rr~ s Cc- by the city issued. on - Insur- uant to this ice to the ancellation ~~ed to the ncelled or I automat- ~ required ~spection. ~ • ed to the ! ~ of the operated business. nine the vehicle it based ~ Y grant vehicles Proved ice. es. in to ob- those m, he iginai ' Paid ;with- ' use for un- ~ical or be ut; `.ed ti. ~~.. OFFICIAL PUBLICATION CITY OF RICHFIELD=THE RICHFIELD SUN=.PAGE 37 owl and .windshields and four-wheel rakes had such license revoked and, if so, when, trot of a Director of Civil Defense here- . S ' where and for what reason; (5) Whether applicant has eve b inafter called the "Director". The City ubd. il. Cond itions Governing Issuance. ` The followin conditions g govern the is- r een convicted of a felony or misdemeanor manager shall appoint or remove the di- rector with the concurrence of the City .suance of a license pursuant to this sec- and, if so, the date, place and type of conviction council: The director shall have direct tion: . responsibility for the organization ad- (1} No licensee or his employees shall Subd. 6. License Fee. The annual license - ministration and operation of the civil permit more persons to ride in a taxicab fee is $5.00. defense department subject to the direc- or auto livery than are provided for by tion and supervision olr the City manager its normal seating capacity. Subd. 7. Temporary License, Pending The civil defense department shall be Subd. 12. Maximum Number of Licenses council action on a taxicab driver's li- tense application, the manager may in organized into such divisions and bu- . ~`eaus, consistent with state and local Grarsted. The maximum number of taxi- , his discretion, grant 8 temporary license civil defense plans, as the director shall cab licenses to be granted pursuant to to the applicant, not to exceed 30 days . ~ deem necessary to provide for the effi- this section until next. amended shall be cleat performance of local civil defense limited to 21. Subd. 8. Investigatioru and Issuance. Each functions during a civil defense emer- application shall be referred to the chief gency. Subd. 13, Hearing on Authorized Number of golice who shall investigate the appli- of Licenses. The council upon its own cant and make a report to the council Subd. 3. Civi'1 Defense Board. To pro- motion or upon the petition of any inter- based on his findings. The council shall vide for any local natural catastrophe, ested party, may hold a public hearing then act en the application. unprecedented accident or disturbance, to determine whether Subdivision 12 here- in should be amended to either increase Subd. 9. Conditions Governin Issuance. g there is hereby established a board con- listing of City manager . mayor and the or decrease the number of authorized li- The following conditions govern the is- , acting mayor. Whenever in the judgment tenses. At least two weeks' published suance of a license pursuant to this sec- ~On of any two or more members of such notice of such a hearing shall be given ' board any unprecedented accident or se- and acopy of said notice shall be mailed (1) Each licensee shall give written vere natural catastrophe or disaster shall ~; to each then current holder of a taxicab notice to the manager when he changes warrant it, an emergency may be de- license. The notice shall specify the pro- his residence address. Glared and the provisions of this section posed increase or decrease in the num- (2) No licensee shall permit any per- may be involked, provided, however ber of authorized license. son to use his taxicab for any unlawful that there shall be called a regular meet- Subd. 14. Public Convenience and Neces- act, (3) No licensee shall permit more per- ing or special meeting of the City coun- ell within three (3) days after the dec- sity. The council shall consider at the hearing whether the o i sons to ride in his .taxicab than are laration of such emergency for the rati- pr posed ncrease or decrease will promote the public con. provided for by the normal seating ca- pacity of such taxicab. fication of such emergency declaration and if such emergency declaration be venience and necessity. disapproved at this or any subsequent Subd. 15. Suspension or Revocation, Subd. 10. Renewal of License. Applies- tions for renewal shall be made on City meeting, it shall terminate forth- ith Taxicab licenses may be revoked or sus- pended at any time for cause by the forms provided by the manager. Renew- w . , ,, council after notice and opportunity for al applications shall be then processed Subd. 4. Duties of Director, The direc- hea*ing in the same manner as original applica- for shall have the following duties: . tions. 6.21 Taxicab Drivers. Subd. il. Trip Sheets. Each licensee shall (1) The director, with the consent of the manager, shall represent the City Subdivision 1. Definitions. The following keep a trip sheet noting the following on any regional or state organizations terms have the meanings . ascribed to information for each taxicab trip: for civil defense.. He shall be authorized . them in this section: (1) Starting point and time; to develo p proposed mutual aid agree- (1) "Taxicab Driver" means any per- (2) Termination point and time; meats with other political subdivisions son who operates a taxicab, as defined in (3) Amount of fare charges and wheth- within or outside the state for recipro- Section 6.20 of this chapter. er calculated upon meter, hour or trip cal civil defense and assistance in a Subd. 2. License Required. No person basis; civil defense emergency too great to be (4) Licensees name and number, dealt with unassisted; and he shall pre- shall operate a taxicab unless the opera- Each trip sheet shall be filed in the sent such agreements. to the City manag- tor possesses a current taxicab driver's records. of the licensee not later than 24 er for possible presentation to the City license. hours after the termination of any council. _ Subd. 3. Scope of Sectian. Notwithstand- single day's work by the licensee. The trip sheet file shall be open to inspec- ( 2) The director shall make such ing the provisions of Subdivision 2 of tion by any city police officer at any studies and surve ys of the manpower, this section, any taxicab driver licensed time. Such file shall be preserved for ~- industries. resources, and facilities of to operate in another municipality in not less than four years by the licensee. the City ~as he deems necessary to de= this state may carry passengers from. Failure t° maintain trip sheets or falsi- termine'their adequacy for civil defense such municipality into the city and re- fication of trip sheets shall constitute a and to plan for their most efficient use ceit-e local passengers for carriage to violation of this section. in time of a civil defense emergency. the licensing municipality without pro- curing ali~ense under this section; pro- (3) The director shall prepare a com- dided, howover such foreign taxicab CHAPTER VII -CIVIL DEFENSE AND prehensive general plan for the civil de- , driver does not. solicit business on the t CIVIL EMERGENCIES fense of the City, and for relief from any natural catastrophe and shall re- s reets of the city nor pick up passengers, except whore a trip for such passengers PART I. CIVIL DEFENSE , p sent such plan to the council for its laid. been arranged at a central office of 7.01 General Provisions. .approval. When the council has approved the plan by resolution it h ll b the company for whom the driver does business, which office is located outside Subdivision 1. Definitions. The following , s a e the duty of all municipal agencies and all the boundaries of the city. While in the terms have the meanings ascribed to civil defense forces of the city to per- f city the foreign driver shall observe all them in this section:. y th " " orm the duties and functions assigned by the plan as a roved Th the regulations and conditions of this sec- - e prepa means Civil defense (1) pp . e plan may be difi d tion. ation for and the carrying out of all mo e in like manner from time Subd 4 License A li ati R i emergency functions, other than func- tions for which military forces are pri- to time. The director shall coordinate the civil defense activities of the city to . . pp c on - equ re- meats. Any person desiring a taxicab marily responsible, to Prevent, minimize the end that they shall be consistent and fully integrated with th i i f]r1Ver'S license shall make application to the clerk Each applicant shall me t and repair injury and damage resulting from disasters, whether caused by ene- e c v l defense plan of the federal government and the . e the following requirements in making h li my attack, sabotage, or other hostile ac- natural catastrophe or an b tion o state and correlated with the civil de- fense plans of other political subdivi- suc app cation: (1} kIe must possess a valid chauf- y y , r disturbance. These functions shall ir_- lions within the state. feur's license issued by the State of Min- elude, without limitation, fire fighting (4) In accordance with the state and nesota• ("2) He must be a United States citiz service, police services, medical and health services, rescue, engineering and city civil defense tan the director shall institute such training r ro en over 21 years old, a resident of Hennepin air raid warning services, communica- p g ams and public information programs and take Coaxr,ty or any county contiguous thereto tions, radiological, chemical and other all other preparatory steps, including the and able to read and write the English special weapons of defense. evacuation partial or full mobilization of civil de- latig3aage. of persons from stricken areas, emer- fense forces in advance of actual dis- (3} lde shall furnish a certificate by a licera5ed physician showing that he is in gency welfare services, emergency transportation, existing or properly as- aster, as may be n e ce s s a r y to the prompt and effective operation of p y soured h licit condition, has good eye- sight and that he is not subject to any signed functions of plant protection, temporary restoration of public utliity the city civil defense plan in time of a civil defense emergency. He may from disease or infirmity of body or mind services, and other functions related to , time to time, conduct such practice civil which might render him unfit to operate civilian protection, together with all oth- defense exercises as he may deem a taxicab. er activities necessary or incidental to necessary. (4) He must be clean in dress and er d preparation for and carrying out of the functions oin f re (5) The director shall utilize the per- p soxa an not addicted to the use of g . o g sonnet. services, equipment supplies and intoxicating liquors or drugs. (2) "Civil defense emergency" means , facilities of existing departments aid (5) Ile shall provide testimonials to his an emergency declared by the Governor agencies of the city to the maximum ex- good character i'rom two re utable tit P y under the .Minnesota Civil Defense Act; tent practicable. The officers and per- cit.izens who have known him personally .Minn. Stats. Ch. 694, or where declared sonnet of all such departments and agen- and observed his conduct during the yeaa• as hereinafter provided by the City be- ties shall; to the maximum extent prac- preceding the date of his application. (6) lie, when requested to do so, shall cause of any unprecedented accident or disruptive natural catastrophe. ticable, cooperate with and extend such services and facilities to the local demonstrate his knowledge of city and state traffic regulations and his skill d (3) "Civil defense forces" means any civil defense agency and to the gover- ti an ability in driving an automobile personnel employed by the city and as- d nor upon request. The head of each d'e- partment and i . signed by city department hea s for agency, n cooperation Su'od. 5. Contents of Application. Eligible service and for specific activities in with and under the direction of the di- applicants shall furnish the following in- preparation for civil defense and any rector, shall be responsible for the plan- formation in making application: other volunteer or paid member of the ning and programming of such civil de- (1) Name, residence, address a e g local civil defense agency engaged in fense activities as will involve the utili- , , height, color of eyes and year and place carrying on civil defense functions in zation of the facilities of his department of birth; accordance with the provisions of this or agency. The director shall, in cooper- (2) Places of residence for the five Chapter or any rule or order thereunder. ation with existing city .departments years previous to the application date; (3) Previous employment d t Subd. 2. Civil. Defense. Department, and agencies, effect and organize police reserves, fire reserves, emergency med. a es and places; There is hereby created an administra- ical personnel, and any other personnel . ~(4) Whether applicant has previously b tive department of the City known as the Civil Defense Department which that .may be required on a volunteer basis to carry out the civil defense lans een denied a taxicab driver's license or shall be under the supervision and. con- p of the city and the state. To the extent -h ~~ r.+v[ Otl-7HE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD ~ ~ ' that such emergency personnel is cruited to augment a regular city ernment or agency for civil defe emergencies, it shall be assigned such department or agency for purpo of command. The director may susp any civil defense volunteer at any ti and require him to surrender any equ ment and identification furnished by city. The director may, with the adv and consent of the board, provided in Subd. 3 hereof, dismiss any civil fense volunteer. (6) Consistent with the civil defers plan, the director shall provide a equip emergency hospitals, casualty s lions, ambulances, canteens, evacuati centers, and other facilities or conve ances for the care of injured or hom less persons. (T) The director shall direct and c ordinate the general operations of local civil defense forces during a civ defense emergency in conformity wi controlling regulations and instructio of state civil defense authorities. T heads of departments and agencies sha be governed by his orders in respe thereto. (9) Consistent with the civil defens plan, the director shall provide and equi at some suitable place in the city control center and, if required by th state civil defense plan, an auxiliary con trol center to be used during a civil de fuse emergency as headquarters for di rection and coordination of civil defens forces.-He shall arrange for representa lion at the control center by municipa departments and agencies, public utili ties and other agencies authorized b federal or state authority to carry o civil defense activities during a civil de fense. emergency. He shall arrange fo the installation at the control center o necessary facilities for communicatio with and between heads of civil defense division, the station and operating units of municipal services and other agencies concerned with civil defense and for communication with other communi- ties and control centers within the sur- rounding area and with the federal and state agencies concerned. Subd. 5. Regulations for Civil Defense Personnel. The following regulations ap- ply to all civil defense personnel: (1) No person shall be employed or associated in any capacity in the civil defense agency who advocates or has advocated a change by force or violence in the constitutional forms of govern- ment in the United States or in this state or the overthrow of any govern- ment in the United States 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 se- lected to serve in the civil defense agen- cy shall take an oath as prescribed in the Minnesota Civil Defense Act of 1951, Section 403. (2) Civil defense volunteers shall be ailed into service only in case of a :lull defense emergency or disaster for :. t,ich the regular municipal forces are inadequate or for necessary. training end preparation for such emergencies, ,r when deemed necessary by the man- :,;;er to carry -out the .provisions of this ._ -_ <. napter relating to relief from unpre- ~~,:cented accidents, natural catastrophes ~~r disturbances. (3) Each civil defense volunteer shall be provided with such suitable insignia ,~r other identification as may be re- -~aired by the director. Such iridentifica- .ioh shall be in a form and style ap- ;;roved by the federal government, No volunteer shall exercise any authority over the persons or property of others without his identification. No person ex- cept an authorized volunteer shall use the identification of a volunteer or other- wise represent himself to be an au- thorized volunteer. No such identifica- tion shall be used exce~:.t at duly au- thorized civil defense activities. (4) No civil defense volunteer shall :rry any firearm while on duty except ;:i written order of the chief of the police i ~~partment. 5) Personnel procedures of the city applicable to regular employees shall not apply to volunteer civil defense work- ers. Subd.-6. Emergerrey Regulations. (1) Whenever necessary to meet a civil defense emergency or~to prepare for sur-h an emergency for which adequate regulations have not been adopted by the - governor or the city council, the manager may by proclamation promul- gate regulations. consistent with applica- \. -~-.~-~r°m.~...-.~-. t.___- -- re- ble federal or state law or regulation, gov- respecting: protection against air raids, nse the sounding of air raid alarms, the con- to duct of persons and the use of property ses during alarms; the repair, maintenance, end and safeguarding of essential public me services; emergency ,health, fire and the safety regulations; trial drills or prac- tice periods required for preliminary ice training; and all other matters which for are required to protect public safety, de- health, and welfare in civil de- fense emergencies. No regulation goo- se erning observation of enemy aircraft, air nd attack alarms or illumination during air ta- attacks shall be adopted or take effect on unless approved by the state director of y- civil defense. e- (2) Every proclamation of. emergency o- regulations shall be in writing and all signed by the manager, shall be dated, it shall refer to the particular civil defense ~ to which it pertarns, if so limited, and ns shall be filed in the .office of the city he clerk where a copy shall be kept posted 11 and available for public inspection dur- st ing business hours. Notice of the exist- ence of such regulation and its availabil- e ity for inspection at the clerk's office shall be conspicuously posted at the p' front of the city hall or other head'quar- a tors of the city and at such other e places in the affected area as the man- ager -shall designate in the proclama- tion. Thereupon -the regulation shall - take effect immediately or at such later e time as may be specified in the procla- i motion. By like proclamation the man- ager may modify or rescind any such regulation. y (3) The city council may rescind any n such regulation by resolution at any - time. If not sooner rescinded, every such r regulation shall expire at the end of 30 r days after its effective date or at the n end of the civil defense emergency to which it relates, whichever occurs first. Any ordinance. rule or regulation incon- sistent .with an emergency regulation promulgated by the manager shall be suspended during the period of time and to. the extent that such conflict exists. Subd. 7. Civil Defense Fund, There is hereby established in the general fund a special account to be known as the civil defense fund. In this fund shall be placed the proceeds of taxes levied for civil defense, money transferred from other funds, gifts, and other revenues of the civil defense agency. From it shall be -made expenditure' for the operation and maintenance of the civil defense t agency and other expenditures for civil i defense. Regular accounting, dasburse- t ment, purchasing, budgeting and other c financial procedures of the city shall ap- t ply to the civil defense fund except when ar_ emergency exists. Such application will prevent compliance with the terms and conditions of a federal or state grant of money or property for defense pur- poses. Subd. 8. Cooperation with State and' Fed oral Authorities. Every officer and agen- cy of the city shall cooperate with fed- ' oral and state authorities and with au- thorized agencies engaged in civil de- fense and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this section and of all reg- ulations made hereunder shall be sub- ject to all applicable and controlling pro- visions of federal and state laws and of regulations and' orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. The manager may ap- point any qualified person holding a position in any agency created ~ under federal :r state authority for civil de- fense purposes as a reserve policeman of the city, with such police powers and duties within the city incident to the functions of his position, not exceeding those of a regular policeman of the cit . y, as may be prescribed in the appoint- ment. Every such reserve policeman shall be subject to the supervision and control of the chief of police and such other police officers of the city as the chief may designate. Subd. 9. Governmental Functions. A 11 functions hereunder and all other activi- ties relating to civil defense are hereby declared to be governmental functions. The city, and except in cases of wil- ful misconduct, its officers, agents, em- ployees, or representatives engaged in civil defense activities, while complying with or attempting to comply with the Minnesota Civil Defense Act or with this section or any rule, regulation or order made thereunder, shall not be liable for the death of or injury to persons, or damage to property as a result of such activity. The provisions of this section shall not affect the right .of any officer or employee of the city to receive bene- fits to which he would otherwise be en- titled under this section or under the workmen's compensation law, or under any pension law. Subd. 10. Prohibition of Political Actin ties. The civil defense agency shall n participate in any form of political a tivity, nor shall it be employed direct or indirectly for political purposes, ni shall it be employed in a legitir}}ate labs dispute. PART II CIVIL EMERGENCIES Subdivision 1. Scope of Section. The pug pose of this section is to provide; th city with the power to take appropriat measures in the event of a civil eme~ gency as hereinafter defined. Nothing i. this section is to be construed to limi any power or authority naw lawfull; possessed by any city official actin; within the scope of his duties, nor i. this section to be construed to impose obligations upon any city officials, th breach of which might subject any sus official to liability. This section as in tended to supplement the provisions o Part I of this chapter relating to Civi Defense. Subd. 2. Definitions. The following term have the meanings. ascribed to .them this section: (1) "Civil emergency" means (a) an act or unlawful assembly characterize by the use of actual force or violeng or any threat to use force or act with violence if accompanied with the im- mediate power to execute such threat, by three (3) or more persons acting in concert without authority- of law, or (b) as any disaster or calamity including, but not limited to, floods conflagrations,. cyclones, tornadoes, earthquakes, or ex- plosions within the corporate limits of the city resulting in death or injury to persons or destruction of property to such an extent that extraordinary mea- sures are necessary to protect and preserve public health, safety, and wel- fare, where provisions of this code relat- ing to civil defense contained in Part I of this chapter do not apply, or cannot be applied due either to the unavailabili- ty of the members of the Civil Defense Board. or because more expeditious ac- tion is required due to the severity of the condition sought to be remedied. (2) "Curfe~U" means a prohibition against any person or persons being physically present, irrespective of the nature of activity, upon any alley, street, highway, public property or place, ar vacant. premises within the limits of he city, excepting persons officially des- gnated to perform duties with respect o such civil emergency as may be pro- laimed pursuant to the provisions of his section. Subd. 3. Proclamation of Civil Emergen- cy. The mayor of the City of Richfield or the president pro temp~ore in his ab- sence is hereby empowered to declare the existence of a civil emergency as de- fined in this section. Upon such declara- tion, the mayor may issue such spple- mental orders as he deems necessary to effectuate the purposes of this section, including, but not limited to, the follow- ing: (1) An order for a general curfew ap- plicable to such geographical areas of the city or to the city as a whole as he may. deem advisable and applicable dur- ing such hours of the day or night as he deems necessary in the interest of public safety and welfare. (2) An order closing all establishments furnishing any. intoxicating beverage or non-intoxicating malt liquor as defined in this code. (3) An order closing all private clubs or portions thereof where the consump- tion of intoxicating liquor or non-intoxi- cating malt liquor is permitted. (4) An grder closing all retail liquor stores, whether municipal or privately operated. (5) An order discontinuing the selling, dispensing, or giving away of gasoline or other liquid. flammable or combusti- ble products in any containers other than a gasoline tank forming an• integral part of"any motor vehicle. (li) An order closing gasoline stations or other establishments, a primary ac- tivity of which is the sale, dispensation, or distribution of liquid flammable or combustible products. (?) An order discontinuing the sale, distribution, dispensation, or giving away of any firearms or ammunition of .any character. (8) An order closing all establishments or portions thereof which sell, distribute, dispense, ~or give away firearms or am- munition of any character. (9) Any other order which the mayor may deem necessary for the protection of life and property, consistent with the purposes of this section. Subd. 4. Action of City Counci'I. As orders issued by the mayor pursuant to Subd. 3 of this section shall be in force until the next regular meeting of the council, or special meeting if duly called, at which time, the council shall review all actions of the mayor made in accord- ance with this section and either ratify or disaffirm .each such action. Subd. 5. Pena'Ities. Violation of any-order issued by the mayor pursuant to this section .shall constitute a misdemeanor and be punishable as provided in this code. CHAPTER VIII CHAPTER VIII -UTILITY AND FRAN- CHISE REGULATION PART I - REGULATION OF CITY SEWER SYSTEM e 8.01 Definitions. h The following terms shall have the meanings ascribed to them in this sec- f lion. 1 (1) "Sewage works" means all facili- ties for collecting, pumping, treating, s and disposing of sewage. in (2) Sewage" means a combinatio f_ the watercarried wastes from resid;• - business buildings, institutions and in- d dustrial establishments, together with e such ground, surface and storm waters as may be present. (3) "Sewer" means a pipe or conduit for carrying sewage. (4) "Public sewer" means a sewer in which' all owners of abutting properties have equal rights and is controlled by public authority. (5) "Combined sewer" means a sewer receiving both surface runoff and sew- age. (6) "Sanitary sewer" means a sewer which carries sewage and to which storm, surface, and ground' waters are not intentionally admitted. (7) "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but ex- cludes sewage and polluted industrial wastes. (8) "Sewage treatment plant" means any arrangement of devices and struc- tures used for treating sewage. (9) "Industrial wastes" means the liquid wastes from indsutrial processes as distinct from sanitary sewage. (10) "Garbage" means solid wastes from the preparation, cooking and dis- pensing of food, and from the handling, storage, and sale of produce. (11) "Properly shredded garbage" means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle great- er than i/a i'nch in any dimension. (12) "Building drain" means that part of the lowest horizontal piping of a drain- age system which receives the discharge from soil, waste, and other drainage pipes .inside the walls of the building and conveys it to the building sewer. be- ginning 5 feet outside the inner face of the building wall. tention ~ from lthe building drain tto the public sewer or other place of disposal. (14) "B.O.D." (Denoting Biochemical Oxygen Demand) means the quantity of tiongof organdic1 matterounderl standard laboratory procedure in 5 days at 20 de- grees C., expressed in parts per million by weight. (15) "Ph" means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. (16) "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering. let Tinto a water ourlse, pond edit h lake or other body of surface or ground wa- ter. (18) "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. 8.02. Publie Sewage System. Subdivision 1. Unlawful Acts. The fol- lowing acts are unlawful: (1) It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city, or in any area under the jurisdic±ion of said city, any human or animal ex~"ement, garbage, or other ob,;ectionable e;~aste {2) It is unlawful t~ discharge into any natural outlet withir, the city, or in any area under the jurisdiction of said city, any sanitary sewage, industrial wastes, or other pollutes' waters except where suitable treatment has been provided in accordance will. subsequent provisions of this part. (3) It is unlawful to construct or main- ~~ V~ .- 11 i ,~ . ~.~_ - •~ ~. OFFICIAL'PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 39 icil, at all -rd- tify der this nor this AN- ITY the sec- cili- ing, t of ? f~!' in- rith ers luit 'm ;ies by ver ~w- rer ich tre nd zx- ial ns xc- he '.es es is- ~g fain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage. Subd. 2. Required Use of Pub'lie Sewers. All houses, buildings, or properties used for human occupancy, employment, recreation or other purpose, situate within the city, shall connect with and use public sanitary sewers. No private sewage system is lawful within the city. 8.03. Building Sewers and! Connections. Subdivision 1. Unauthorized Connections. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from ____ the building inspector and otherwise complying with the terms of this chapter.' Subd. 2. Permits and Bond. Permits for buidling.sewers and connections shall be taken out by a master plumber, who shall furnish a bond in the amount of ~.....~~ ~~00~~''~conditioned so as to secure com- ''' ~ (~r~!b by the principle with all of the co = of this code and so as to ~ ~ ' performance by the prin- dprojects undertak- i i n r __J r~ e Requirements. Prior ement of construction ster plumber shall take in insurance against dam- rty or injury or death to ~, ch policies shall indemnify rmless the city and all of its'•,.~ % and personnel against any claim, cTemand, damages, actions. or cause of action arising out, of. or by rea- son of the doing of the work or activi- ties related or incident thereto, and from any costs, disbursements, or expenses of defending the same. The property dam- age insurance coverage shall be in the amount of $25,000 or more, and the pub- lic liability insurance for injury or death to persons shall be in the amounts of $50,000.00 and $100,000.00. Proof of such insurance shall be filed with the city prior to commencement of construction work, and such policy shall provide that the City shall be notified immediately of any termination or modification of such insurance. Subd. 4. Indemnification, Should the in- surance coverage hereinbefore provided be inadequate in amount then such mas- ter plumber shall himself indemnify and save harmless the City and all of its officers and personnel in like manner. Subd. 5. Sewer Permits -Types. There are two classes of building sewer per- mits: (1) For residential and commer- cial service, and (2) For service to es- tablishments producing industrial wastes. In either case. the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other informa- tion which the city engineer may rea- sonably require. Subd. 6. Permit acrd Inspection Fees. A permit and inspection fee of $7.50 for a residential or commercial building sew- er permit 'and $15.00 for an industrial building sewer permit shall be paid to the city treasurer at the time the applica_ flop is filed. Subd. 7. Permit Cards. The City shall furnish a red permit card with permit number which shall be prominently dis- played on property where sewer connec- tion is being made; said card shall be displayed for the duration of the work. Subd. 8. Indemnification by Owner. All costs and expenses incident to the in- stallation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City for any loss or damage that may directly or in- directly be occasioned by the installa- tion of the building sewer. The city en- gineer shall establish rules and regula- tions for the proper implementation of this part. which, when approved by the council by resolution, shall govern the installation of building sewers and con- nections. Subd. 9. Sewers Separate for Each Building. A separate and independent building sewer 'shall be provided for every building; except where one build- ing stands at the rear of another on an interior lot and no private sewer is avail- able or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer except for rate purposes. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the building inspector, to meet all require- ments of this section. Subd. 10. Building Sewer Construction - General Requirements. The following re- quirements shall be complied with: (1) Building sewers shall be of extra heavy duty cast iron l.ipe, asbestos ce- ment pipe or vitrified clay pipe. Build- ing sewer laid within ten feet of any well shall be of extra heavy duty cast iron pipe. Minimum size of building sew- er shall be 4" ~ extra heavy cast iron pipe, 4" asbestos cement pipe and 6" vitrified clay pipe. Change in direction of building sewer shall be made by use of fittings approved by the building in- spector. (2) Type of joints shall comply with the following specifications: Cast iron shall have a packed Oakum Joint with a hot poured lead ring approximately 3/a" deep and caulked. AsbesWs cement pipe shall consist of the rubber ring type joint as recommended by the manu- facturer, except when connecting to the house drain cast iron pipe where a pack- ed Oakum Joint with a hot poured' lead ring, approximately s/a" deep shall be used. Vitrified clay file joints shall con- sist of a ring of packed Oakum and a hot poured approved joint compound. (3) Cast iron pipe with leaded joints may be required by the city engineer where the building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, ex- cept that nonmetallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city engineer. (4) Building sewer pipe may be laid across existing cesspools and septic tanks providing pipe rests or. a steel reinforced concrete slab which ends rest directly on the concrete- block walls. The two center sections of a regular cess- pool cover laid parallel with each other may be used. (5) Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sew- er shall be laid at uniform grade. and in straight alignment insofar as possible. (6) In all buildings in which any build- ing drain is too low to permit gravity flow to the public sewer, sanitary sew- age carried by such drain shall be lifted by approved artificial means and dis- charged to the building sewer. Subd. 11. Excavatians. All excavations required for the installation of a build- ing sewer shall be open trench work unless otherwise approved by the city engineer. Tunneling may be permitted but no tunnel shall exceed 6 feet in length and the pipe shall be installed so as to permit inspection of all joints. No backfill shall be placed until work has been inspected. All excavation's for building sewer installation shall be ade- quately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to theCity. Subd. 12. Joints and' Connections. The following building requirements shall be complied with: (1) All joints and connections shall be made gastight and watertight. (2) Lead shall be run in one pouring and caulked tight. No paint, varnish, or other coating shall be permitted on the jointing material until after the joint has been tested and approved. (3) All joints in vitrified clay pipe or between such pipe and metals shall be made with approved hat-poured joint- ing material as specified below. (4) Material for hot-poured joints shall not soften sufficiently to destroy the ef- fectiveness of the joint when subjected to a temperature of one hundred sixty (160 degrees F'.) degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint .shall first be caulked tight with jute, hemp or similar approved material. (5) Other jointing materials and meth- ods may be used only by approval of the city engineer. Subd. 13. Connection to Public Sewer. The connection of the building sewer into the public sewer shall be made at the "Y" branch, if such branch is available at a suitable location. If the public sew- er is twelve (12) inches in diameter or less, and no properly located "Y" branch is available, the owner shall at his expense install a "Y" branch in the public sewer at the location specified by the city engineer. Where the public sew- er greater than twelve (12) inches in diameter, and no properly located "Y" branch is available, a neat hole may be cut into the public sewer to receive the building sewer, with entry in the downstream direction at an 'angle of about forty-five (45 degrees) degrees. A forty-five degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by engagement in concrete. Special fittings may be used for the connection only when approved by the engineer. Subd. 14. Prior Approval by Engineer. Building sewers and house sewers shall be provided for each separate structure and all connections to the public sani- tary sewer shall be made where build- ing sewers and house sewers have been installed. Connection with the public sani- tary sewer at any other location .must be approved by the engineer. prior to commencement of any construction. In the event the building sewer or house sewer which has been installed cannot be used, then the property owner shall pay the full cost of making the connec- tion elsewhere. The applicant for the building sewer permit shall notify the building inspector when the building sew- er is ready for inspection and connec- tion to the public sewer. The connection shall be made under the supervision of the building inspector or his representa-. five. Subd. 15. Minimum Parcel Size. No building sewer or connection to the city sanitary sewer system shall be per- mitted or made from any building or structure located on a lot, piece or par- cel of land or several lots, pieces or parcels of land having a total width of less than 50 feet. 9.09 Regulations Governing Use of the Public Sewers. Subdivision 1. Unlawful Use. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanitary sewer. Subd. 2. Storm Waters ands Unpo!'luted Drainage. Storm water and all other un- polluted drainage shall be discharged to such sewers as are specifically de- signed as storm sewers, or to a natural outlet approved by the council. Industrial cooling water or unpolluted process wa- ters may be discharged, upon approval of the council, to a storm sewer, or natural outlet. Subd. 3. Prohibited' Discharge. Except as hereinafter provided no person shall dis- charge or cause to~be discharged any of the following described waters or wastes to any public sewer: (1} Any liquid or vapor having a tem- perature higher than 150 degrees F. (2) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil, or grease. (3) Any gasoline, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (4) Any garbage that has not been properly shredded. (5) Any ashes; cinders, sand, mud, straw, shavings, metal, glass, rags; feathers, tar, plastics, wood, paunch ma_ pure, or any other solid or viscous sub- stance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. (6) Any waters or wastes having a PH tower than 5.5 or higher than 9.0 or having any other corrosive property cap- able of causing damage or hazard to structures, equipment, and personnel of the sewage works. (7) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, which consti- tute ahazard to humans or animals, or create any hazard in the receiving wa- ters of the sewage treatment plant. (8) Any waters or wastes containing suspended solids of such character and quanitity that unusual attention or ex- pense is required to handle such ma- terials at the sewage treatment plant, (9) Any noxious or malodorous gas or substance capable of creating a public nuisance. Subd. 4. Grease, Oil and Sandi Intercep- tors. Grease, oil, and sand interceptors shall be provided when they are neces- sary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, and other harmful ingredients; except that such interceptors shall not be re- quired for private living quarters or dwelling .units. All such interceptors -- shall be of a type and capacity approved by the city engineer, and shall be lo- cated as to be readily .and easily ac- cessible for cleaning and inspection. Grease and oil interceptors shall be con- structed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable cov- ers which when bolted in place shall be gastight and watertight. Where installed, all grease, oil and sand interceptors shall~be maintained by the owner, at his. expense, in continuously efficient opera- tion at all times. - Subd. 5. Certain Types of Uses - Ap- proval of City Engineer. The admission into the public sewers of any water or wastes having (1) a 5-day Biochemical Oxygen Demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) con- taining any quantity of substances hav- ing characteristics described in Subd. •-_ 3 of this section or (4) having an aver- age daily flow greater than 2% of the average daily sewage flow of the City is subject to the review and approval of the city engineer. Subd. 6. Preliminary Treatment .When Required. .The owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the Bio-chemical Oxygen Demand to 3D0 parts per million and the suspended sol- ids to 350 parts per million by weight, or (2) reduce objectionable characteris- tics of constituents to within the maxi- mum limits provided for in Subd. 3 of this section, or (3) control the quanti- ties and rates of discharge of such wa- ters or wastes. Plans., specifications, and any other pertinent information relating to proposed preliminary treatment facili- ties shall be submitted for the approval of the city engineer and of the Minne- sota Water Control Agency, and no con- struction of such facilities shall be com- menced until said approvals are obtained in writing. Subd. 7. Maintenance of Preliminary Treatment Facilities. W}~ere preliminary treatment facilities are provided for any waters or wastes, they shall be main- tained continuously in satisfactory and effective operation, by the owner, at his expense. Subd. 8. Manholes. The owner of,.any property served by a building sewer car- rying industrial wastes shall install a suitable control manhole in the building sewer t•o facilitate observation, sampling and measurement of the wastes. Such manhole. when required, shall be acces- sibly and safely located, and shall be constructed in accordance with plants ap- proved by the city engineer. The man- hole shall be installed by the owner, at his expense, and' shall be maintained by him so as to be safe and accessible at all times. Subd. 9: Tests and! Analysis. AlI mea- surements, tests and analyses of the characteristics of waters and wastes to which reference is made in Subds. 3 and 5 of this section shall be determined in accordance with methods employed by the Minnesota Department of Health, and shall be determined at the control '°- manhole provided for in Subd. 8 of this section, or upon suitable samples taken at said control manhole. In the event that no special manhole has been re- quired, the control manhole shall be con- sidered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Subd. 10. Special Provisions -Industrial Waste. No provision of this section shall be construed as preventing any special agreement or arrangement between the City and any industrial concern where- by an industrial waste of unusual strength or character ma;~ be accepted by the City for treatment subject to payment therefor by .the industrial con- cern. 8.05. Miscellaneous Sewage Regulatory Provisions. Subdivision 1. Protection from Damage. No unautharized person shall malicious- ly, wilfully, or negligently break, dam- age, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the City sewage system. Any person violating this ;~ . provision or any other provision of this part shall be guilty of a misdemeanor. Subd. 2. Powers and Autharity of ln- specters. The city. engineer and other duly authorized employees of -the City, bearing .proper credentials and iden- tification, shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, ~ , ~_ PAGE.4Q_-.TH~E.RICHF.IELD.SUN-OFF.ICIAL.RU6LICATLON'CtTY.QE RICHFIELD`. sampling, and testing, in accordance with the provisions of this part. Subd. 3. Liability to City for Damage. Any person violating any of the provi- sions of this part is liable to the City for any expense, loss, or damage oc- casioned the City by reason of such vio- lation. CHAPTER VIII -UTILITY AND FRAN- CHISE REGULATION PART II .SANITARY SEWER SERV- ICE - RATES AND CHARGES 8.11 General Provisions Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section. { 1) "Normal Sewage" means water- carried waste products from residences; public buildings, business or industrial establishments, schools, or any other buildings or structures, including the excrementitious or other discharge from human beings 6r animals, together with such ground water infiltration as may be present. (2) Industrial Waste" means any liquid, gaseous or solid waste substance resulting from any process of industry, rianufacturing, trade, business, the de- velopment of any natural resource or any similar activity. 8.12. Rates andl Charges The following rates and charges for use and service of the sanitary sewer system are hereby .established; such charges and rates to be made against each lot, parcel of land, unit or premises which may have a connection directly or indirectly into the city sanitary sewer system and which discharges only nor- mal sewage into such system: Subdivision' 1. Minimum Charges. The minimum quarterly charge, whether use of water is metered or not, shall be as follows: For each business, plant, in- stitution or similar unit $3.50 For each grade school 5.00 .For each junior High school or high school 12.00 For each residence, residence unit, or other unit 3.00 Subd. 2. Flat Charges. Where the rate is not based upon the metered use of water, the following quarterly flat charges shall be made: For the equivalent of 10 or less persons $3.50 For the equivalent or more than 10 but less • than 16 -persons 5.35 For the equivalent of more than 15 but less than 21 persons .7.00 For the equivalent of more than- 20 but less than 26 persons 8.75 For each public or private school the quarterly flat charge shall be charged whether school is in session or not (xates being based upon average yearly .use); shall be based upon the number of stu- dents enrolled at the beginning of the quarterly billing period ~or the preceding period if school.. is not then in session; and shall be as follows: For each 100 grade school students or fraction in ex- cess thereof $5.00 -._ _ For each 100 junior high school or high -school stu- dents or fraction in excess thereof 12.00 Subd. 3. Metered Flow Charges. For all premises where the rate is to be based upon metered use of water, the rate shall be 16 cents per thousand gal- lons of water up to 500,000. gallons per quarter and ten cents per thousand gal- lons for volumes in excess of 500,000 gallons per quarter. Subd. 4. Rate - Industrial Waste and Large Units. On each lot, parcel, prem- ises, or unit not enumerated in this subdivision the use of water shall be metered and the rate shall be the same as that provided in Subd. 3 of this sec- tion. Sabd. 5. Metering Water Supply in Lieu of Flat Charge. When a meter recording the use of water is installed on any non- residential lot, parcel, premises or unit enumerated in this section, the rate shall be based upon such use of water. The council may, by resolution, require and order the installation of such meter on any such lot, parcel, premises or unit or class thereof where it shall determine that the aforementioned flat charges are impractical to apply, or result in inequit- able charges because insufficient or ex- cessive; and thereafter the rate shall he based upon such use of water. Subd. 6. Installation of Meter. Any wa- ter meter installed for use or used as a basis. for the computation of sewer rates shall be installed and maintained in good operating condition at all times, such in- stallation and maintenance to be without expense to the city. Any such meter shall be of a type approved by the .council, and shall accurately measure all -water received on the premises. Installa- tion of and .maintenance of such meter shall be made in accordance with the plumbing regulations contained in this code. Subd. 7. Water Used Not Entering Sewer System. If the lot, parcel of land, or premises discharges normal sewage or indistrial waste into the sanitary sewage system, then, and in that event, t h e council may permit or require the in- stallation of other or additional meters in such a manner that the quantity of water which actually could enter the sewer system may be determined. In such case the charges or rates shall be based upon the amount of water which can enter the sanitary sewer sys- tem. ° Subd. 8. Required Information. The own- er, occupant,;or person in charge of any premises shall supply the City with such information as the city may reasonably require related to use of water, use of sewer, or sewer rates. Willful failure to provide such information or willful falli_ fication of such information shall consti- tute aviolation of this section, as shall such willful failure to comply with any requirement or order issued pursuant to this section. Subd. 9. Estimated Bills. If the owner, occupant of person in charge of any premises fails or refuses to provide in- formation as provided in Section 7 here- of, or fails or refuses to comply with ;:ny requirement of this section, the proper charge for such premises shall be estimated and billed in accordance with such estimate. Subd. 10. Beginning Service. Fora frac- tion of a quarter the charges and rates for non-metered units shall be based upon the per diem pro rata amount of the established flat charge. Subd. 11. Billing. Bills for charges for the ~5se and service of the sewage sys- tem shall be made out by the Finance Department in accordance with the usual and customary practice. All bills shall be payable at the office of the City Fi- nance Officer. Bills shall be rendered quarterly. Subd. 12. Collections. All charges of sew- er service are due on the quarterly due date specified by the city for the re- spective acoaunt and shall be delinquent 15 days thereafter. It is the duty of the city to endeavor to promptly collect de- linquent accounts, and in all cases where satisfactory arrangements for.. payment have not then been made, all such de- linquent accounts shall be certified to the city clerk who shall prepare an as- sessment roll each year providing for assessment of the delinquent amounts against the respective properties served. This assessment roll shall be delivered to the council for adoption on or before October 1st of each year. Such action may be optional or subsequent to taking legal abion to collect delinquent ac- counts. Subd. 13. Revenues. All revenues derived from those rates and charges shall be credited to the Sewer Operating Fund. Such revenues shall be used only for the purpose of paying the cost of op- erating and maintaining the sewage sys- tem, paying charges made by the city of Minneapolis, providing an adequate dEpreciation fund, paying costs of meter- reading, billing, collection, and other similar or related sewer operating ex- pense. CHAPTER VIII _ UTILITY AND FRAN- CHISE REGULATION PART III - REGULATION OF ;CITY WATER SYSTEM 8.13. Use of Water Restricted to Au- thori:edi persons. No person, firm or corporation shall make, .construct or install any water service installation, or make use of any water service, connected to the mu= nicipal water .system except pursuant to application and permit. as provided in this part, nor shall any person, firm or corporation otherwise make, construct, install or make use of any installation connected to the municipal water sys- tem contrary to the regulatory provi- sions of this part. 8.14. Applications for Service. Subdivision 1. Procedure. All applica- tions for service installations and for water service shall be made at the Pub- lic Works Department on printed forms furnished by the city, and shall contain the name of the owner, an account num- ber, a description of the property, lot, block and addition, the name of the street upon which the property fronts, the official street number assigned to the premises as shown by the records of the city, and the signature of the ap- plicant agreeing to conform to the rules and regulations that may be established by the city as conditions for the use of water. Subd. 2. Fees or Deposit. All applications for service installation shall be made by the owner of the property to be served, or by his duly authorized agent, and shall state the size of service connec- tion required, and the applicant shall at the time of making application pay to the city the amount of the fees or deposi- required for the installation of the serv- ice connection as provided in Chapter VIII of Part IV. When service connec- tions have been installed. application for water service may be made either by the owner, or his duly authorized agent, or by the tenant or occupant of the premises. 8.15 Use of System--General Regulations. Subdivision i. Diseantinuance of Serviee for Violations of this Code. Water serv- ice may be shut off at any stop box connection whenever: (i) The owner or occupant of the premises served, or any person working on any pipes or equipment thereon which are connected with -the water supply system, has intentionally violated any of the requirements of this code relative to the water supply system. (2) The owner or occupant of the premises served threatens to violate or cause to be violated, any 'or the provi- sions of this part. (3) Whenever any charge for water, service, meter, ar any other financial obligation imposed on the present or former owner or occupant of the prem- ises served, by the provisions of Chapter VIII Part IV is unpaid. (4)~Fraud or misrepresentation by the owner or occupant in connection with an application for service. - Subd. 2. Deficiency of Water and Shut- ting off Water. The city is not liable for any deficien- cy or failure in the supply of water to consumers, whether occasioDed py shut- ting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for fire fight- ing; or in making repairs or construc- tion of new works, water may be shut off at any time and kept shut off so long as necessary. Subd. 3. Turning on Water. No person, except an authorized city employee, shall turn on any water supply at the stop box without a permit from the Public Works Department. No permit will be issued unless the house number, as giv- en by the Public Works Department, is prominently displayed, and no such per- mit shall be given anyone but a licensed plumber. The City reserves the right to turn off any water supply if said num- ber is not displayed after a written no- tice has been sent to the owner as ap- pearing on its. books. Subd. 4. Supply From One Serviee. No more than one house or building shall be supplied from one service connection except by special permission of the Council. Whenever two or more parties are supplied from one pipe- connecting with the distribution main, each build- ing or part of building must have a sep- arate stop box and a separate meter. Subd. 5. T6pping of Mains Prohibited. No person except authorized persons em- ployed by the City shall tap any dis- tributing main or pipe of the water sup- ply system, or insert stop-cocks or fer- rules therein. Subd. 6: Repair of Leaks. It shall be the responsibility of the consumer or owner to maintain the service pipe from the curb box into the house or building. In case of failure upon the part of any con- sumer or owner to repair any leak occuring in his service pipe within twen- ty-four hours after verbal or written notice has been given the owner or oc- cupant of the premises, the water will he shut off and will not be .turned on until the sum of five dollars has been paid. When the waste of water is great, or when damage is likely to result from the leak, the water will be turned off if repair is not commenced immediate- ly upon the giving of such notice. Subd. 7. Service Pipes. Every service pipe must be laid sufficiently waving to allow not less than one foot of extra length and in such manner as to pre- vent rupture by settlement. The service pipe must be placed not less than 7~/a . _ . . feet below the surface and in all cases so arranged as to prevent rupture by freezing..Service pipes must extend from the curb box to the inside of the build- ing; or if not taken into a building then to the hydrant or other fixtures which it is intended to supply. A shut-off or other stop-cock with waste valve, of the size and strength required, shall be placed close to the inside wall of the building, well protected from freezing. Copper tubing shall be used up to and including two inch services. Joints on copper tubing shall be kept to a mini- mum, with not more than one joint used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. All services over two inch shall be cast iron. Connections with the mains for domestic supply shall be at least 3/.~ of an inch. Subd. 8. Water Meter Setting. All water meters shall. be installed in accordance with the provisions of this part and in accordance with the follow- ing rules: (1) The service pipe from the wa main to the meter, when the san?r~,:s'` ters the building, shall be brought through the floor in a vertical position. The stop and waste valve shall be in- stalled about twelve (12) inches above the floor. (2) The meter shall be located so that the bottom is, from six (6) to twelve (12) inches above the finished floor line. The meter shall be set not more than twelve (12) inches measured horizontally from the inside line of the basement wall, un- less an alternate method is approved by the Public Works Department. A suit- able bracket to support the meter in a proper vertical position and to preveni noise from vibration shall be provided. (3) All meter installations shall have a stop and waste valve on the street side of the meter. In no case shall there be more than twelve (12) inches of pipe exposed between the point of entrance through the basement floor and the stop and waste. A stop and waste valve shall also be installed on the house side of the meter. (4) The water pipe connecting with the main shall not be.run under any base- ment floor for a distance of more than two feet, measured from the inside of the basement wall, before being con- nected to the water meter. (5) Meter setting devices for ~/a inch, 3~4 inch and one inch meters shall be of copper pipe or tubing from the termi- nus of the service pipe up to and includ- ing the house side stop and waste valve. Subd. 9. Use of Fire Hydrants. No per- son other than an employee of the street department who is engaged in sprinkling or washing the public streets or flushing sewers shall operate fire hydrants or in- terfere in any way with the city wa- ter .system without first obtaining au- thority to do so from the city engineer. Subd. 10. Private Water Supplies. No water pipe of the city water supply sys- tem~shall be connected with any pump, well or tank that is connected with any other source of water supply and when such are found the Public Works Depart- ment shall notify the owner to discon- nect the same, and if not done immed- iately, the water supply shall be turned off forthwith. Before any new connec- tion to the city system is permitted, the Public Works Department shall ascer- tain that na crass connections will exist when the new connection is made. r='s ~r Subd. 1;.. Use Confinedi to Premises. No person shall permit water from the city water supply system to be used for any purpose except upon his own premises. Subd. 12. Connections Beyond City Boun- daries. Xn any and all cases where wa- ter mains of the city have been or shall be extended to or constructed in any road, street, alley or public highway adjacent to, ar ac.,cess.ibie to, such wa- ter mains to tap ar~d make proper wa- ter service pipe connections with such water mains of the city in conformity with and subject to all the terms, condi- tions and provisions of this code relat- ing to the tapping of the city water mains and makmg water service pipe connections ther<*with, and to furnish and supply water from the water works system of the city to such owners and occupants~f praperties adjacent or ac- cessible to such water mains of the. city through and by means cf water met- ers duly installed. Wate, si,~-yice r~~~- dered t.o surh persons shall be subject to all provisions of the section, ana ner- ) sons accepting such srrvice shall there- ) by agree to be aauz~d and obligated by said section. Subd. 13. RestrictecPl Hours for Use of Water Su,~rlaly. Whenever 'the council shall determ.in,: that a shortage of wa- ter supply threatens the city, it may, by resolution, limit tha times a~ad hours ~. _. ,.; OPfICIACPUBtICATIDN. CLTY-:CiF.RfCMF.lE1D.~TIiE.RICHEIELD SUN-PAGE 4T end in all cases ~ent rupture by ~rst extend from de of the build- s building then fixtures which A shut-off or to valve, of the fired, shall be le wall of the from freezing. sed up to and °es. Joints on :pt to a mini- one joint used eet in length. acovered until 'er two inch bons with the ~ shall be at hing, e installed in sions of this h the follow- n the watex he same be brought cal position. shall be in- ches above tted so that twelve (12) ~r line. The han twelve ztally from t wall, un- approved :nt. A suit- neter in a -o prevent provided. Lhall have he street hall there 's of pipe entrance the stop flue shall side of with the nY base- ore than side of ng con- e inch, Il be of termi- includ- valve, to per- street inkling ushing or in_ v wa- au- -neer. • No sYs- ump, any vhen ~art- con- ned- ned tee- the :er- :ist ng which water may be used from city water supply system for lawn garden sprinkling, irrigation, car hing, air conditioning or other uses cified therein; a copy of said resolu- shall thereupc:n be mailed to each ter customer. Two days after the fling of such resolution any water cus- er who shall cause or permit water be used in violation of the provisions said resolution shall be charged five ors for each day of such violation, ch cha.rge shall be added to his next er bill; continued violation is hereby hibited and shall be cause for dis- tinuance of water. service. Ibd. 14. Sources of Contamination of ublic Wells. (1) The following possible sources of ntamination shall not be installed 'thin fifty feet of .any public well: (a) Building Plumbing (b) Building Drains (c) Septic Tanks ' (d) Storm Sewers e Sanitary Sewers ( following possible sources of ontamination shall not be installed with- `- seventy-five feet of a public well: (a) Cess Pools (b) Leaching Pits (c) Drain Fields Subd. 15. Private Wells. Private wells may be maintained. and continued in use after connection is made to the mu- nicipal water system, provided there is no means of cross-connection between the private well and municipal supply at ~~ ~ any time. Hose bibbs, that will enable the cross-connection of .the two systems r ~' not .be permitted'on internal piping the well supply system. The threads - the boiler drain of the well volume J, ank shall be removed or the boiler drain hose bibb replaced with a sink faucet. Outside hose bibbs shall not, be I installed on the municipal system where dual water systems are in use. („ a lVo qty ny ~s. n- ~- il Y y Subd. 16. Permitting Use By Others. No person shall permit water from the municipal water system to be used for any purpose except upon his own prem- ises except in emergency and then only if written permission is first obtained from the city engineer. Contractors or others desiring to obtain water from hy- drants for construction purposes shall make applications to the city engineer for such service. 8.16. Location of Stop Boxes. Subdivision 1. Curb Stop Boxes Curb stop boxes .will be installed generally where desired by the owners of occupied properties. One will be installed on each vacant platted lot and at 100 foot inter- vals on unplatted properties. Curb stop boxes will be installed at an approxi- mate depth of 71/z feet below the grade established by the water division. Subd. 2. Materials, Type K copper tub- ing shall be used up to and including two (2) inch for installation of water services. 8.17 Abandoned Services; Penalties. Subdivision 1. Abandonment of Installs. bons. All service installations connected to the water .system, that have been abandoned or have not been used for three years or, for any reason, have become unless for further service, shall be disconnected at the main by the city, and all pipe and appurtenances removed shall be the property of the city. Subd. 2. Erection of New Buildings, When new buildings are erected on the site of old ones, and it is desired to in- crease or change the old water service, no connections with the mains shall be made until all the old service appurte- nances shall have been removed and the main plugged. If any contractor, work- man or employee upon such building shall cause or allow any service pipe to be hammered together at the ends to stop the flow of water, or to save ex- pense in removing such pipe from the main, the owner of such building, such workman and contractor shall, upon conviction thereof, be subject to the pen- alties as set forth in this code, and shall remove said service pipe from the main. If he shall fail to do so on twenty-four hours' notice he shall be obligated to pay the city the cost incurred by it for such removal. CHAPTER VIII -UTILITY AND FRAN- CHISE REGULATION PART IV -WATER SYSTEM SERVICE CHARGES, RATES AND WATER ME- TERS 8.21 Service Charges Subdivision 1. Curb Box Connection Per. mit. A permit must be obtained to con- nect. to existing water service leads at the curb ,box. The gee for each such per- mit is $7.50. No permit shall be issued except to a plumber registered with the city. Subd. 2. Service Installation, Additional charges shall be made and collected for tapping and making connections with the water mains where a curb box and serv- ice lead is not installed. This charge is to be paid at the time of making appli- cation. Subd. 3. Schedule of Charges. The charge for all service installations is the actual cost of materials and the esti- mated cost of the labor to be expended in .the installation. Subd. 4. Turning on Wafer. For turn- ing on water where service has been turned off for non-payment of water bill, failure to repair a leak, discontin- uance of service or any other cause, a service charge of $5.00 will be made. Subd. 5. Adjustment of Curb Box. For raising or lowering stop-box tops to cor- respond with ground level change made by the property owner, a charge of $10.00 will be made. Subd. 6. Time for Corbnection, If, from any cause, the plumber laying the serv- ice pipe should fail to have the connec- tion made at the time specified in his application, notice must be given the Public Works Department fixing anoth- er day on which he wishes to make the connection. The notice must be given at least t.wo days previous to the excava- tion for laying of the service pipe, and the connection must be made before 5 p.m. except in special cases, and then the work shall be done only upon a writ- ten order from the Public Works De- partment. 8.22 Property Assessments.. Subdivision 1. Adlditional Fee. F e e for permit for water main tapping shall be paid for each connection in the amount specified in Section 8.21. In ad- dition thereto, before any permit shall be issued, there shall be paid any sum required under subdivisions 2 and 3 of this section. Subd. 2. Assessment Proeedlure - Certi- fication by Finance Department. When the Department of Public, Works is in doubt as to whether the property pro- posed to be served has been assessed or will be assessed for the water main and appurtenant facilities from which service is proposed, it may refer to the Finance Director the question of whether provision has been or will be made to assess the property proposed to be served. No permit -shall then be is- sued to tap or connect with any water main of the City either directly or in- directly farom any lot or tract of land unless the Finance ,Department shall have certified: (i) That such lot or tract of land to be served by such connection or tap has been assessed for the cost of construc- tion of the water main with which the connection is made, or (2) If no assessment has been levied for such construction cost, that proceed- ings for levying such assessment have been or will be commenced in due course, or (3) If no assessment has been levied, and no assessment proceedings will be completed in due course, but a sum equal to the portion of cost of constrgct- ing said water main. which would be as- sessable against saizl lot or tract has been paid to the City. Subd. 3. Assessment without Certifi~a- tion. If no such certificate can be is- sued by the Finance D_ epartment, no pei- mit to tap or conned to any water main shall be issued unless the applicant shall. pay an additional 'connection fee which shall be equal to the portion of the cost of construction of the said mai, whicli would be assessable against said lot or tract to be determined by the Finance Department upon the same, basis as arr!• assessment previously levied against other property for the said main. If no such assessment has beet levied; the as= sessable cost will be determined upc,n the basis of the uniform charge which may have been or -which 'shall be charged for similar tapping t1r connec- tion with said main; determined on the basis of the total assessable cost of sai~ main, allocated on a f> -un-tape basis, Where the assessable ~'eosi cannot be determined, the charge stall ,`be fixed at $5.00 per front foot of vie property to be served. Subd. 4, Accounts, How Maintained. All accounts shall be kept on, the books of the City by the house and street number. and under the account number assigned thereto and the name of the owner or of the person signing the application for services. All bills and notices sent out by the City shall be sent to the house or street number of the property. If non- resident owners or agents desire person- al notice sent to a different. address, they shall file an application therefor with the City. 8.23. Water Rates. Subdivision 1. Basic Rates. The rate due and payable to the City by each water user within the City for water taken dur- ing any quarter from the water sup- ply~ system shall be forty-five cents per 1,000 gallons for the first 45,000 gallons, forty cents per 1,000 gallons for the next 55,000 gallons; thirty-five cents per 1,000 gallons for the next 400,000 gallons, twen- ty-five cents per 1,000 gallons for the next 500,000 gallons and twenty cents per 1,000 gallons for all quantities in excess of one million gallons. Such water charges shall be payable quarterly. Subd. 2, Minimum Charges, Notwith- standing the foregoing schedule of charges, each water user shall pay a minimum charge for each quarter year period during which water service is furnished as follows: Meter Size Quarterly Minimum Charge s/a inch $ 6.00 3/a mch 8.00 1 inch 12.00 11/z inch 20.00 2 inch 30.00 3 inch 50.00 4 inch 60.00 6 inch 100.00 8 inch 150.00 Out of the amount paid on any quarter- ly water billing, one-half of the amount of such quarterly minimum charge shall be credited toward the water availabili- ty charge provided for in Section 8.26. In ease the meter is found to have stopped- or to be operating in a faulty manner, the amount of water used will be estimated in accordance with the amount used previously. Where service is for less than a quarterly period, this charge will be pro-rated on a daily basis. Subd. 3. Temporary Uses -Application for .Service. When water is desired for construction purposes. or other tem- porary uses, the owner shall make ap- plication in the regular way and on the regular form. Subd. 4. Water Bitls. Water bills shall be mailed to the customers quarterly and shall specify the water consumed and the charge in accordance with the foregoing rates. Subd. 5. Standby Service. Where a con- nection is made to an automatic sprin- kler system for standby service only, a charge for such service shall be made on an annual basis as follows: 2 inch pipe connection ...... $ 30.00 3 inch pipe connection ...... 40.00 4 inch pipe connection ...... 60.00 6 inch gipe connection ...... 80.00 8 inch pipe connection 100.00 These rates shall apply in all cases where automatic sprinklers are installed and where fire gates and other outlets are sealed. No charge will be made for water used in extinguishing fire. Subd. 6. Installation of Meters. Meters or detector check valves must be in- stalled on such services as required by the Public Works Department. Should it be found that water not metered is used through a fire connection for any pur- pose other than the extinguishing ,of fire upon the premises, the owner and occu- pant will be notified, and if such im- proper conditions are not corrected with- in ten (10) days, the water will be shut off until proper adjustments are made, and the owner shall be subject to the penalties as provided in this part. Subd. 7, Inspections. Regular inspections shall be made of all fire service connec- tions with all piping, fire gates, and oth- er attached appurtenances. The inspec- tor shall have access to the premises for suchrlhspection and shall keep a re- cord of all inspections made. 8.24 Delinquent Water Accounts. All charges of water shall be due on the quarterly due date specified by the City-foF the respective account, and shall be delinquent fifteen days thereafter. It §hall be~the duty of the City to endeavor to promptly collect delinquent accounts, and in°^aH .cases where satisfactory ar- rangements for payment have not then been :made, instructions shall be given to discontinue service by sutting off the wafter- at 'the stop box, All delinquent accounts shall be certified to the City clerk who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served. This assess- ment roll shall be delivered to the Coun- cil for adoption on or before October fist of each year. ~Siteh action may be optional or sub-Sequent to ,faking legal action to collect delinquent accounts. 8.25- Water Meters. Subdivision 1. Use of Water Supply, Ex- cept for extinguishment of fires, no per- son except authorized City employees shall use water from the water supply system of the City or permit water to be drawn therefrom, unless the same be metered by passing through a meter sup- plied or approved by the City. No per- son not authorized by the Public Works Department shall connect, disconnect, tke apart, or in any manner change; ,or cause to be changed, or interfere with any such meter or the action thereof. Subd. 2. Security Deposit. The Council shall from time to time fix the security deposit to be made to customers for wa- ter meters- and payment for same shall be made in advance before delivery for installation. Said deposit is hereby fixed as follows: a/a" x 3/a" meter with connection $40.00 For larger meters the deposit will be the actual cost to the City of obtaining the meter. Such deposit shall stand to the credit of the property where the meter is installed, rather than to the credit of the owner of the property at the time of the original deposit. If the property is transferred., the de- posit shall not be refunded to the trans- ferror unless the transferee has first made a new deposit in lieu thereof. Such a deposit shall be refunded when the property is permanently discon- nected from the water system and the meter has been returned to the City in satisfactory condition. Subd. 3, Maintance of Meters. The City shall maintain and repair all meters when rendered unserviceable through or- dinary wear and tear and shall replace them if necessary. However, where re- placement, repair or adjustment of any meter is rendered necessary by the act, neglect or carelessness of the own- er or occupant of any premises, any expense caused the City thereby shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and amount.charged collected. Subd. 4. Complaints o~n. Billing. When a consumer makes a complaint that the bill for any past service period has been excessive, the City shall. upon written request have such meter reread, If the consumer remains dissatisfied and de- sires that the meter be tested, said con. Sumer shall then make a deposit with the Finance Department as prescribed in Subdivision 5 of this section, and the City shall test the meter. The consumer shall, if he so desires, be present when such test is made. In case a .test should show an error of over five percent of the water consumed in favor of the City, the deposit will be refunded to the con- Sumer, acorrectly registering meter will be installed and the bill will be adjusted accordingly, Such adjustment shall not extend back more than one ser- vice period plus one month from the date of the written request and the minimum. charge shall not be affected. In case the test shows an accurate measurement of water or an error in favor of_ the con- sumer, the amount deposited shall be retained by the city to cover part of the expense of making such test. Subd. 5. Deposit. Before making a test of any meter, the person requesting such test shall, at the time of filing his re- quest with the city, m a k e s deposit, with the Finance Department of t h e amount charged for such test, subject to the conditions stated above, which charges are as follows: For testing 1/z inch to 2-inch meters $ 5.00 For testing 3-inch meters 10.00 For testing 4-inch meters 20.00 For testing 6-inch meters 30.00 Subd. 6. Meters Property of City, All water meters shall be and remain the property of the city and may be re- moved or replaced or changed as to sine and type by the city whenever deemed necessary. Subd. 7. Meter Reading and Inspection. City employees delegated for the pur- pose of meter reading shall have free access at reasonable hours of the day to all parts of every building and premises connected with the city water supply system for reading of meters and inspections. Subd. 8. Adjustments in Water Charges. The city manager shall be authorized to make adjustments in water charges where in his opinion the amount billed is erroneous due to meter deficiency or other mistake. 8.26 Charges for the Availability of Wa- ter From the Municipal Water System. Subdivision 1, Purpose of Section. The -r PAGE 42-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD ~_ purpose of this section is to establish a system of charges for the availability of municipal water, in order to provide for an equitable sharing of the cost of - the municipal water system. Subd. 2. Authority. This section is adopt- ed pursuant to Minnesota Statutes, Sec- tion 444.075. Subd. 3. Properties Subject to Charges. All properties in the city which are im- proved and have water - consuming plumbing facilities and which abut upon streets or other places where water mains are located shall be subject to the charges provided for in this section. Subd. 4. Schedule of Charges. T h e charges to be made against all such properties connected to the municipal water system are as follows: Quarterly Meter Size Minimum Charge 3~ inch $ 3.00 3/a inch 4.00 i inch 6.00 ` i~z inch 10.00 ~- 2 inch 15.00 3 inch 25.00 4 inch 30.00 6 inch 50.00 8 inch 75.00 r The quarterly charges to be made against all such properties not conected to the municipal water system are as follows Single & double residences (each unit) $ 3,00 Service stations 3.00 Restaurants, cafes and churches 6.00 Commercial properties having a floor area of less than 1,000 sq. ft. 3.00, Commercial properties having a floor area of from 1,000 to 5,000 Commercial properties having a 6.00 floor area of over 5,000 sq. ft. 10.00 - Multiple residences - 3 to 7 units 6.00 Multiple residences - 8 to 11 units 10.00 Multiple residences - 12 to 50 units 15.00 Schools -elementary _ each 15.00 Schools- junior and senior high- each 25.00 Charges against such properties not connected to the municipal water sys- 1 terns and not listed above shall be made on the basis of the meter size which d would be needed if the property were r to be connected to the municipal water system, based upon sizes ~of meters in- stalled on similar properties elsewhere '~ in the city. Subd. 5. Accounts and Procedures. Ac- counts shall be kept, hills shall be ren- dered and collected, and assessments shall be made for delinquent accounts in accordance with the procedures ap-, plicable to charges for municipal water. Subd. 6. 7isposition of Proceeds. The proceeds of all charges provided for in this section shall be applied toward the payment of principal and interest on bonds issued by the City to finance the - construction of its municipal water sys- tem. CHAPTER VIII -UTILITY AND FRAN- i CHISE REGULATION PART V -UTILITY FRANCHISES (N.B. The ordinances contained in this Part are included without substantive change. The only change that has been made is in the number code system to - _- conform to the coding system employed in this code.) i - 8.31 An Ordinance Granting Permission to Northern States Power Company, a Minnesota Corporation, its Successors and Assigns, to Erect, Install, Enlarge,- Operate, Repair, and Maintain, in the City of Richfield, Minnesota, Trans- mission Lines and an Electric Distribu- tion System, Including Necessary Poles, Pole Lines, Masts, Wires, Cables, ~ and Fixtures and Appurtenances, for t h e Furnishing of Electric Energy to the City and its Inhabitants, and Others, and Transmitting Electric Energy into and ~' Through the City, and to use the Streets, h Alleys and Public Grounds of said City ,. for such Purposes: Subdivision 1. That there be and hereby is granted to Northern States P o w e r Company. A Minnesota corporation its successors and assigns, hereinafter re- ferred to as "Company", during the pe- riod of twenty (20) years from the date hereof, the right and privilege of erect- ing, installing, enlarging, operating, re- pairing, and maintaining, in, on, over, under and across the streets, alleys, and public grounds of said city electric transmission lines and an electric dis- tribution system, including all poles, pole lines, masts, wires, cables, lamps= trans- formers, and other fixtures and appur- tenances, usually, conveniently, or nec- - essarily used in connection therewith, for the purpose of transmitting and furnish- ing electric energy for light, heat, pow- er and other purposes for public and private use in and to said city and the inhabitants thereof, and others, and for the purpose of transmitting into a n d through said City such electric energy, provided that. such transmissions lines and electric distribution system shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and over said streets and alleys, and providing that Company, in the erection, installation, enlargement, operation, repair and maintenance of such poles, pole lines, masts wires, ca- bles; lamps, transformers, and other fix- tures and appurtenances, shall be sub- ject to such reasonable regulations as may be imposed by the Council. Subd. 2. Company agrees to maintain and operate efficiently its electric sys- tem in the City during the term hereof, to provide adequate service to its pres- ent customers and to make reasonable extensions of its lines for the purpose of serving new customers when the re- venue therefrom justifies the expense to Company of making the necessary ex- tension. Because the City limits as now con-. stituted are within the Minneapolis met- ropolitan area, Company agrees that the rates for electric service therein shall be reasonable and shall not e x c e e d the Company's standard schedule of rates and minimum charges effective in the City of Minneapolis. However in the event of the imposition of local li- cense fees, taxes on earnings or other similar city 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. Subd. 3. There is also granted to Com- pany during the term hereof permis- sion and authority to t.xim all trees and shrubs in the streets, alleys, and public grounds of said City interfering with the proper erection, installation, enlarge- ment, operation, repair, and mainte- nance of any poles, pole lines, masts, wires, cables, lamps, transformers, or .any other fixtures or appurtenances, in- stalled in pursuance of the authority granted hereby, provided that .Company shall save said City harmless from. any liability in the premises. Subd. 4. Nothing in this ordinance con- tained shall be construed as giving to Company any exclusive privilege in, on, over, under, or across the streets, alleys, or public grounds of said City. Subd. 5. Company shall have full right and authority to assign to' any"person, persons, firm or corporation all the rights conferred upon it by this ordi- nance, provided that, the assignee of such rights, by accepting such assign- ment, shall become subject to the terms and provisions of this ordinance. Subd. 6. Company shall, if it accepts this ordinance and the rights hereby granted, file a written acceptance of the franchise rights hereby granted with the City clerk within ninety (90) days from the date df the publication of this ordinance. Subd. 7. This ordinance shall be in full force and effect from and after its passage and publication, as provided by law. • Subd. 8. All ordinances and parts of or- dinances in conflict herewith are hereby repealed. 8.32 Uniform Suburban Franchise for Minneapolis Gas Company Granting to the Minneapolis G a s Company, a Cor- poration Organized under the Laws of the State oaf Delaware, its Successors and Assigns, Permission to use the Streets and Public Places in the City of Richfield for the Construction, Mainte- nance and Operation of a System of Mains, Pipelines and Other Facilities for the Manufacture, Distribution a n d Sale of Gas, Subject to Certain Terms and Conditions, and Prescribing t h e Rates to be Charged Therefor and' Re- pealing a'll Ordinances, or Parts of Ordi- nances, Inconsistent Herewith. Whereas, the Minneapolis Gas Company, a corporation organized under the laws of the State of Delaware, owns property used and useful in the manufacture, distribution and sale of gas in said City; and Whereas, the City Council of the City of Richfield on the 9th day of Septem- ber, 1946, adopted an ordinance grant- ing afranchise to the Minneapolis Gas Company, its successors and assigns, for the manufacture, distribution and sale of gas in said city for a period of twenty (20) years, which said franchise was amended August 14, 1950; and Whereas, meetings have 'been held between representatives of the Minne- apolis Gas Company and the City Coun- cil of the City of Richfield relative to a revision of the franchise .previously granted; and Whereas, the Minneapolis Gas Com- pany, as and for consideration and com- pensation for the rights and privileges herein granted, has agreed to surrender its present franchise ordinance a n d has agreed, during the term hereof to continuously supply gas service to the inhabitants of the city, as provided in this franchise ordinance, and has agreed to perform contractual obligations set forth in said franchise ordinance, .and has agreed to pay to the Suburban Rate Authority for the use and benefit of the city the amount provided in Subd. 18; and Whereas, the City Council of the City of Richfield in cooperation with other municipalities of the suburban area, has determined that it is desirable and to the advantage of the consumers of gas in the City of Richfield that a new fran- chise should be granted by said city to said company upon the terms and con! ditions expressed herein and that the previous franchise hereinabove referred to should be repealed and all rights and privileges of the company thereunder surrendered and cancelled except as hereinafter provided. Now, Therefore, the City Council of the City of Richfield Do Ordain as Fol- lows: Subdivision 1. In this ordinance the terms "Municipality", "Municipal Coun- cil" and "Municipal Clerk" shall mean respectively the City of Richfield, t h e Council of the City of Richfield and the Clerk of the City of Richfield. If at any time the powers of the municipality, the municipal council or the municipal clerk shall be transferred to any other author- ity, board, officer or officers, then and in such case such authority, board, of- ficer or officers shall have the rights, powers and duties herein referred to or prescribed for the municipality, t h e municipal council and the municipal clerk respectively. The term "Company" shall mean the Minneapolis Gas Company, its succes- sors and assigns, and the words "streets and public places" shall mean the streets, avenues, alleys, parkways, roads, squares, parks, bridges, viaducts and public laces in the municipality. The term 'gas" as used herein aliall be held to include manufactured gas, natural gas, reformed natural gas, a mixture of natural gas and manufac- tured gas, or other form of gaseous energy. The term "one thousand cubic feet" of gas where used in this ordinance is 1,000 cubic feet of gas measured at temperature and pressure existing at the point of metering: or, when corrected, at 60 degrees F. and 14.5 pounds per square inch, absolute. The term "suburban area" shall in- clude the cities of Bloomington, Colum- bia Heights, Crystal, Fridley, Hopkins, Robbinsdale, St. Louis Park and Way- zata; the villages of Brooklyn Center, Brooklyn Park, Deephaven, Eden Prai- rie, Edina, .Excelsior; Golden V a 11 a y, Greenwood, Hilltop, Maple. Grove, Min- netonka, Morningside. New Hope, Osseo, Plymouth, Richfield, St. Anthony, Shore- wood and Woodland; and the area of Fort Snelling: ,Other municipalities or area adjacent to or near the City of Minneapolis or the "suburban area" may be included,in the "suburban area" for ratemaking purposes, subject to the provisions of Section 12. The term "Suburban Rate Authority" shall mean an organization consisting of one member appointed by t:he municipal council of each municipality in the sub- urban area adopting this ordinance and existing for the purpose of administering the rate provisions of this ordinance. It is empowered to employ consultants and others and shall adopt such rules, regu- lations and bylaws as will enable it properly to perform the functions here- in provided for. Subd. 2. There is hereby granted to Min- neapolis Gas Company, its successors and assigns, for a period extending to January 1, 1983, from and after the acceptance of this ordinance- by t h e company, and waiver of rights by said company required by Subd. 27 hereof, and subject to the terms conditions and limitations herein stated, the right to manufacture, import, .transport, s e 11 and distribute gas for heating, illumi- nating and other purposes within the limits of the municipality as the boun- daries thereof now exist ar as they may be extended in the future and for that purpose to establish the necessary facili- ties and equipment and to maintain a manufacturing plant., gas mains, service pipes and any other appurtenances nec- essary to the manufacture, sale and dis- tribution of gas in and along the streets and public places of said municipality, and to do all things which are reason- able, necessary or customary in the y: accomplishment of this objective, sub- ject, however, to the furt#ier provisions t of this franchise. Provided howeveer, that before said company shall establish any plant in said municipality for the mane- facture of gas, the approval of the muni- cipal council of the location thereof, in the exercise of a reasonable discretion by said council, shall be first obtained. by said company. If the right or privilege to manufac- ture, purchase, transport, mix, distribute or sell gas in annexed. territory, shall be owned or controlled by the company at the date of annexation and during the balance of the term hereof, be exercised and controlled by the provisions of this ordinance. The company agrees to manage its. plant and. operations in a reasonably efficient and economical manner. The company also agrees to __ use due diligence in the matter of the issuance of long-term debt to assure reasonable cost of such debt, provided, ~~ however, that this should not be con- '? strued as requiring competitive bids on new debt issues. ~.""J~`"" r~ •'~' '`'i Subd. 3. The company shall charge, de- ^ , mand, collect and receive just and rea- ! sonable rates, charges and compensa• tion as hereinafter provided. The alter ing, amending or revising 4f any rates made by the company to obtain compli• once with this ordinance shall be by the Suburban Rate Authority, The said Suburban Rate Authority exists for the purpose of reviewing gas rates made ti„ by the Company and undertaking appro- ~ priate action thereon as in this ordinance authorized. Nothing in this ordinance shall prevent ` the power herein given to the Subur- „~J ban Rate Authority to alter, amend or revise company rates from being here- [ after delegated, by law, to some other governmental authority. E From and after the effective date of this ordinance. the company shall charge, demand, collect and receive not to exceed the following rates for gas supplied to each customer at one loco- tion in the entire suburban area, includ- ing the municipality, for each month except as said rates shall be cha e~ or modified as hereinafter provi~ed. viz: First 300 cu ft o: isae $2.00 Next 3,T00 cti ft 1.43 per M Next 26.000 eu !t 1.10 per M Next 130,000 cu ft 1.00 per M Next 140,000 cu ft 1.00 per M All over 300,000 cu ft .90 per M The rates above specified are called "Block Rates". The rates permitted by this ordinance, except as to natural gas furnished in- j dustrial customers, are for natural gas having a monthly average total gross heating value of not less than 950 British Thermal Units per cubic foot, and shall continue, subject to adjustment as here- in provided. Bills shall be rendered at rates per- mitted by this ordinance; provided, how- ever, that when a bill is not paid within ` ten (10) days after a bill is delivered ~`~- or mailed to a customer, the company ' may charge, demand, collect and re- ceive the amount thereof plus ten per cent (10%). The company may require any consumer of gas to deposit with it a reasonable amount as security for pay- ment of gas used or to be used by said consumer. The company shall pay in- terest on the deposit at the rate of six percent (6%) per annum. (a) The said rates shall remain in force and effect and be adjusted from time to time, as hereinafter provided. In order to avoid undue discrimination betweezi customers the company may, at the time specified in this section and subject to review in the same manner as is provided in said ordinance, adjust the Block Rates either by changing the number and size of the blocks or by changing the price variation between the blocks, or both, or by changing the rate form, by submitting at the time of filing the adjusted Block Rates material and data supporting the desirability for such change or changes and the rea- sonableness thereof. Prov~.ded, the company shall make a rate s±.*uc- ture study at least once in each give years hereafter. Provided, further, t..",at the Block Rates for any other type of gas furnished in place of natural gas may be revised by agreement between the Suburban Rate Au±iiority and the company. '; i Nothing herein sl!all prevent the ~ ~ ~ , company from establishing from time to ~~ time during the term hereof lower rates • than the rates -~ereby permitted, and, in addition the she rate schedules con- tained in this section, from establishing, changing or d'.scontinuing load building, inducement or~ competitive rates provid- ed that such rates shall be reasonable for consumers within different classes s o ~. ~~a~: ... .. _ _ .. ,-f,-Tien -~~ -~._ _.a Y - _.. .... _.-_......~.._...~ . .. _._,.._._.r.._..~_~__. _-_ .. - a .: _~_ OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 43 the sub- ;ions that any anu- luni- f, in ~tion pined ufac- ibute shall pany the Wised this to in a nical 's to f the -~ ssure Tided, con- ls on rea- ~nsa- ilter- rates npli- by said the nade ~pro- ance went bur- ~}; d or zere- ither e of shall not gas ioca- :lud- -nth ded :r M ~r M ~r M ~r M ~r M filled nce, in- gas Toss '~.tish ;hall ere- per- iow- thin gyred any re- per sire it ~aY- ,aid in- six in om ed. ion ay, find ser ust the by the ate ing end or ea- 1d, five :at of as en hE fie to es id, m- g, ~g, d- de es of service and that a lesser rate to one class of consumers shall not impose an undue burden of cost upon consum- ers in other classes. The company shall have the right to contract for the sale of gas for indus- trial use on an interruptible basis, re- quiring the customer to have standby equipment for use upon notice by the company. The company's rules, regu- lations, schedules or contracts for cur- tailing interruptible gas service shall be uniform as applied to each class of interruptible customers. (b) The Block Rates specified in this subdivision shall remain in force and effect until January 31, 1963. In the month of January, 1963, and thereafter in the month of January of each year during the remaining period covered by this ordinance, the company shall de- crease the Block Rates, and may in- Zrease the same, sufficient to permit and enable the company to realize actual net earnings equal to the allowable annual return, as provided for in Subd. 4, .for each calendar year of said re- Iwo In~ashs or decreases in the Block Rates to be made at or about the end of each of the above mentioned calendar years shall be based upon forecasts for the ensuring calendar year of the rates required to permit and enable the company to realize actual net earn- ings during said calendar year sufficient to produce the allowable annual return plus past unabsorbed deficieneiestherein, ` ~- less past unabsorbed overages there- }} the case may be, which may occur ' e!''January 1, 1963, under the terms of -this ordinance. -T-!te company shall file with the Sub- urban Rate Authority, on or before Jan- uary 10 of each year, the aforesaid fore- casts, together with the Block Rate s which are proposed to be effective on ~ bills rendered after January 31 of that year. ' Provided, however, in order to mini- mize or prevent excessive fluctuations in the Block Rates, the company may additionally once during a calendar year, but not prior to July 15 thereof, adjust the Block Rates in the same man- . ner as provided above for the adjust- . ment of said Block Rates at or about the end of each calendar year. In making increases or decreases in the Block Rates hereunder, fractions of one-half (1/2) cent or more shall be count- ed as one cent and fractions of less than one-half (~) cent shall be disre- garded so far as the current period is concerned. (c) The company agrees not to make any change in rates permitted or re- quired by this ordinance either by alter- ing the classification thereof, or other- , wise, until after twenty (20) days' no- tice of any such change has been given to the Suburban Rate Authority. Such notice shall be deemed to have been given when a written statement of any change, or changes, in such rates, signed by the company, shall be filed with the Suburban Rate Authority. The company shall furnish such information, reports and statement relating to any s u c h changes which may be required by the Suburban Rate Authority. Any change in rates made, pursuant to the terms of this ordinance shall be made effective as soon as practicable after the expiration of each calendar year, subject to the proviso in Subd. 3(b). Provided, that be- fore any rate established by the com- pany for any new class of consumers shall become effective, the company shall give ten (10) days' similar notice to the Suburban Rate Authority of the establish- . went of said rate, which may be altered, amended or revised within ten (10) days thereafter as in this subdivision provided.. The filing of any notice with the Suburban Rate Authority, as re- quired by this ordinance, s h a 11 be deemed notice to this municipality. (d) The company agrees that a n y change in rates made by the company, not in accordance with this ordinance, may be altered, amended or revised, so as to conform to the provisions of this ordinance and according to the terms thereof, by an engineer, auditor or ac- countant of the Suburban Rate Authority duly appointed for such purpose. The engineer, auditor or accountant so ap- pointed shall be qualified and experi- enced in public utility regulatory mat- ters and an employee of the said Subur- ban Rate Authority. Any. such alters- tion, amendment or revision shall be made by order, stating the .reasons therefor, duly served on the company within twenty (20) days after notice of such proposed rates shall be given by the company, as in this ordinance provided. The company shall have the right to a prompt hearing and review of such alteration, amendment or revi- sion in the courts of the State of Min- nesota, if proper application is made therefor within thirty (30) days after notice of such alteration, amendment or revision, and if such hearing and re- view is applied for, then until such al- teration, amendment or revision shall be finally sustained or altered by such courts, the rate made by the company shall remain in effect for the period as provided in this ordinance. At the time of making the application for review the company shall file with the clerk of court a corporate undertaking requiring it to refund, rebate or comply with such other relief as said courts may order. At the hearing provided for herein on the issue or issues raised by the afore- said order the court shall consider all evidence which may be relevant a n d proper. (e) The company agrees that when no change in an existing rate is pro- poses at the time of a rate filing, the said Suburban Rate Authority shall have the power to alter, amend or revise the said existing rate in the manner provid- ed in Subd. 3(d), if the said existing rate is not in accordance with the prop visions of this ordinance. The right of the company for court review in such instance shall also be the same as pro- vided in Subd. 3(d). (f) The company shall not charge, demand, collect or receive a greater or less or different compensation for any service or similar service rendered, or to be rendered, than the rates a n d charges applicable to such service in effect- at the time for consumers in the same class, nor shall the company re- fund or remit in any manner or by any device any portion of the rates or charges so specified. The company- shall not offer, extend to, or accept from any person or corporation any form of contract or agreement for service that is not regularly and uniformly applicable to all persons and corporations receiv- ing the same or like service. The com- pany shall not extend, afford or use any rule or regulation, or any privilege or facility that is not regularly and uni- formly applicable to all persons a n d corporations receiving service under the same or like conditions, except as provided in Subd. 3(a) hereof. Subd. 4. It is the Purpose of this ordi- nance to insure that the consumer shall pay only a fair, just and reasonable rate and that such rate will permit the com- pany to make a reasonable return on the capital investment in the business, as hereinafter defined in this subdivision, under an economical and efficient man- agement of the same. (~a) As used in this ordinance, "allow- able annual return" shall mean t h e amount computed by application of the "allowable rate of return" to the "allow- able rate base" as defined in accordance with the provisions of subsections (b), (c), (d). (e), (f) and (g)• (b) The "allowable rate of return" shall be 61/2% during calendar years when the company's average cost of long-term debt capital at the beginning of the current year is not less than 31/2% nor greater than 41fz%. Long-term debt shall consist of all debt due over .one year after date of issue. The av- erage cost of long-term debt shall be the weighted average effective cost of -the outstanding long-term debt at t h e beginning of the current year. The ef- fective cost of each debt issue shall be computed by dividing the product of the interest rate and principal amount issued by the net proceeds of the issue. The net proceeds of an issue shall con- sist of the principal amount plus any premiums received, less any discounts and issuance expense, oral less call premiums when any refunding of an' is- sue results in a lower effective cost of debt. Whenever there is a decrease in the company's average cost of long-term debt capital below 31/2% or an increase above. 41f2%, the "allowable rate of re- turn" of 61/2% shall be decreased or in- creased by 50% of such decrease or in- crease. Thereafter, any contra move in the average cost of long-term debt capi- tal will require the reverse adjustment in the "allowable rate of return". No change in the "allowable rate of re- turn" shall be• made unless .the de- crease or increase in the average cost of long-term debt capital shall equal at least 17/x10 of one percentage point, ahd in no event shall the decrease or increase in the "allowable rate of return" be other than in multiples of 17/x20 of one percentage point. (c) The "allowable rate base" shall be the sum of the "fair value of the suburban area utility plant" used and useful in the public service as provid- ed in subsections (d), (e) and (f) and working capital as provided in Subd. 5, less average contributions in aid of con- struction and average cash advances for construction. as reflected on the com- pany's books. (d) The "fair value of the suburban area utility plant" shall be the sum of 50% of the average original plant cost including the current year net addi- tions, less depreciation per books, com- puted on a monthly basis, and 50% of the "reproduction cost new" plant as defined in subsections (e) and (f), less depreciation. Depreciation of the "repro- duction cost new" plant shall be com- puted by the .use of the ratio of the book depreciation reserve to the original plant. gross cost, plus three (3) per- centage points. The 50% weighting of the "reproduc- tion cost new" plant shall be used as long as the company's ratio of debt capital does not exceed 60% at the be- ginning of ..the current year. If it ex- ceeds 60% the 50% weighting of the "reproduction cost new" plant will be decreased by one percentage point for every one percentage point increase in the debt capital ratio above 60%. In such event the 50% weighting of the ori- ginal plant cost will be increased by each percentage point that the weighting of "reproduction cost new" plant is de- creased. (e) "Reproduction cost new" s h a 11 consist of the sum of the following amounts: (1) The original cost at the begin- ning of the preceding calendar year of all plant classified as Intangible Plant, Land and Land Rights, and' General Plant, excluding Structures and Im- provements. (2) The original cost at the begin- ning of the preceding calendar year of all other plant trended to reflect the Handy-Whitman Index of Public Utility Construction osts (North Central Divi- sion) as of July 1 prior to the current calendar year. Each plant account shall be trended by use of the following in- dexes: Plant Aecoun~F All Manufactured Gas Production Plant excluding Land and Lan d Rights Distribution Plant Structures and Improvements Mains - Steel Mains -Cast Iron Pumping and Regulating Equipment Services Meters Meter Installations House Regulators House Regulator Installations Other Property on Customers' Premises General Plant Structures and Improvements Index Total Construction and Equipment (Man- ufactured Gas) Structures and Improvements Mains .Steel Mains _ Cast Iron Mechanical Equipment exclusive of Gas Holders Services Meters Meter Installations House Regulators House Regulator Installations Structures and Improvements Structures and Improvements Any new Plant Account which may hereafter be established shall be trended in accordance with the -ap- propriate Handy-Whitman Index. (3) The original cost of the gross plant additions, less retirements in- stalled in the preceding calendar year. (4) The original cost of the gross plant additions, less retirements, installed during the current calen- dar year averaged on a monthly basis. (f) At the end of each five-year intea val the construction cost trends experi- enced by the company since the adop- tion of this ordinance shall be com- pared with the appropriate Handy. - Whitman Index. If, after such compari- son, the difference between the Handy- Whitman costs and the company's ex- perience is 15%, or less, of the total "reproduction cost now" plant, t h e Handy-Whitman Index costs will be used for the succeeding five years. If the difference exceeds 15%, the parties agree to adjust the Handy-Whitman costs to reflect company experience. In the event the Handy _ Whitman Index of Public Utility Construction Costs (North Central Division), or its succes- sor, is no longer available, another similar index mutually agreeable to the company and the Suburban Rate Author- ity will be used. (g) As used in this ordinance, "Actual Net Earnings" of the company shall. consist of the balance remaining ,after deducting from the gross revenues of the company from the manufacture, pur- chase, mixture, transportation distribu- tion and sale of gas sold in the said suburban area during the calendar year of 1963, and each calendar year there- after, the following operating and main- tenance costs and expenses connected with the manufacture, purchase, mix- ture, transportation, distribution a n d sale of gas sold in the said suburban area during such calendar periods: (1) Production expenses, including cost of purchased gas; (2) Distribution and utilization ex- penses; (3) Customers' accounting and col- lecting expenses; (4) Sales promotion expenses; (5) An i t e m to cover "administra- tive and general expenses" which shall be the just. fair and reasonable cost to the company of all of the subaccounts that are included in such administra- tive and. general expenses, but the aggre- gate of "administrative salaries" and `general incidental expenses" classified as in the present practice of the com- pany in these accounts shall not exceed in any calendar year three per c e n t (3%) of the annual gross revenue in- cluding contributions, gratuities anc~ do- nations not to exceed three-tenths of one per cent (3/10 of 1%) of the annual gross revenue. (6) All taxes and governmental im- positions of every nature actually paid by the company directly to governmen- tal tax collecting agencies or accrued in accordance with general acceptable accounting principles. Any tax o t h e r than an ad valorem tax which may hereafter be lawfully authorized a n d thereafter separately imposed by any municipality shall be added only to the bills of the customers within such muni- cipality. (7) An annual allowance, beginning January 1, 1963, for depreciation of de- preciable property owned by the com- pany and used and useful in rendering gas service in the suburban area for each calendar year during the term of this ordinance of an amount designed to recover the original cost of such de- preciable property over the estimated average service-life of each group of property on a straight-line basis, com- puted by application of the annual de- preciation rates, now used by the com- pany in recording depreciation on the books of the company to the original cost of depreciable property included in each of the major property classifies= tions and properly chargeable to depre- ciation expenses. Provided, however such annual depreciation rates may be re- vised periodically so as to reflect all factors bearing on the amount designed to recover the original cost of such de- preciable property over its estimated average service-life; (8) All other actual and proper classes of maintenance and operating expenses of the company; (9) An iterri, to cover taxes, depre- ciation and return on any plant not in- cluded in the suburban area allowable rate base, but which is used and useful in rendering public service therein. A credit item (deduction from expenses) to cover taxes, depreciation and return on any plant included in the suburban area allowable rate base, but which is prop- erly allocable to rendering service out- side the suburban area, subject, how ever, to the provisions of Subdivision 1. (10) Annual .allowance for amortiza- tldn of extraordinary property losses re- sulting from change in type of gas, un= usual obsolescence or unforeseen prop- erty damage. Appropriate items may be amortized or accrued according to accepted ac- counting practice and, except as other- wise provided in this ordinance for speci- fic items, the actual experience of the company shall be the determining fac- tor in support of the amounts and rates of amortization or accrual for s u c h items, as such experience gives a defi• nite guide. All expense items, whether charged directly and entirely in a calendar year or amortized or accrued over a longer period, all revenue items and all bal- ance sheet items shall be, at all times, recorded by the company in substantial accordance with the Uniform System of Accounts for Gas Utilities of the Na- tional Association of Railroad and Utility Commissioners, except as otherwise pro- vided in-this ordinance and except-that installment and carrying charges will be credited to gross merchandise sales. The allocation of the company's operat- -~ ing expenses and plant within and with- out the suburban area shall be made by the company in accordance with a for- mula that reasonably reflects the costs as they occur for rendering service with- in and without the said area. Any change in such formula made in any rate filing r~ l PAGE 44-THE RICHFIELD SUN-OFFICIAL rub.Li~Ni r~r c..i i i ur~C'PrP7FrC'-" ~ `J will be specifically referred to in a Proceeding for the valuation of the com- separate communication filed with the pany's property, or any part thereof, dur- Suburban Rate Authority at the time of ing or after the termination hereof, or the rate filing, in connection with ~.ny proceeding for the When there is a balance in 'the ac- fixing of rates after the termrnation count for cumulative overage in excess hereof, to any of which proceedings the of the allowable return, such balance municipality shall be a party, shall be credited with interest computed Subd. 9. In determining "allowable gn- at the current prime interest rate. Net nual return", "allowable rate of return" refunds (after taxes) from any supplier and "allowable rate base" under Subd. shall be credited to such account. Over- 4 hereof, the books and records of the ages in such account may be used, by company, and its predecessors, made mutual agreement, in such manner as and kept prior to the passage of this will minimize or prevent violent fluctua- ordinance, shall be used insofar as nec- tions in rates notwithstanding the provi- essary rn applying sand Subd. 4. sions of subsection 3(b). Subd. 10. The books of account shall con- Subd. 5. The company .shall be entitled tain an account that may be designated to fair and adequate working capital in as "Reserve for Depreciation of Utility an amount determined as follows: Plant", or similar-term, which shall show As used in this ordinance, "working at all times as nearly as may be the capital" shall mean an amount applic- unexpended or unused balance of accum- able to the suburban area for the Galen- ulated charges to operating expenses on der year of 1963 and for each calendar account of deprecration, replacements, year thereafter, ~ equal to the annual renewals or retirements. When any prop- average funds invested by the company arty is abandoned or removed wrth- during such calendar years in materials drawn, retired from or is not used and and supplies on hand, merchandise ac- useful in the public service for any cause, prepayments and de- counts receivable, the actual origrnal .cost shall be credited . ferred charges properly chargeable to to the appropriate capital account, and plus a cash fund equal to ten operations such amount plus the cost incidental to , (10) days' average daily operating ex- said abandonment, removal, withdrawal plus one-eighth (~/s) of penses and taxes or retirement shall be charged to said , the annual operating expenses and .taxes, reserve, subject however, to the provi- sions of the following paragraph The less credits for the annual average of accrued taxes and purchased gas. ac- . salvage value received and any other _ counts payable amounts recovered from said property . The working capital computed in ac- shall. be credited to said reserve, cordance with the foregoing formula shall When a substantial segment of the be included in the allowable rate base company's utility property is required to as provided in subsection 4(c). be abandoned and retired from service Subd. 6. The company shall file with the because of change of type of gas, or un- Suburban Rate Authority printed sched- usual obsolescence, or unforeseen prop- ules which shall be kept open for public arty damage and such property is not showing all rates, charges, inspection fully covered by the depreciation reserve . forms of contracts or compensation or ether reserves or by insurance, then , established or en- agreements made the unrecovered balance of such property , forced or to be enforced with customers shall be credited to the depreciation re- in the suburban area, together with all serve or other appropriate reserve and rules and regulations relating to rates, be charged to a deferred charge account charges or services rendered or to be designated as `Extraordinary Property " rendered and all privileges allowed and Charges to said deferred charge Losses. facilities afforded by the company to its account shall be amortized by charges customers in the suburban area. The to operating expenses as provided for in Suburban Rate Authority shall have the Subd. 4. right at any reasonable time to inspect, If the original cost is not shown by the' examine and audit the accounts, books, books and records of the company or its records, reports, contracts documents predecessors, such amount shall be esti- and papers of the company. The, said mated and a record shall be made by Suburban Rate Authority may appoint or the company showing the facts upon designate the person or persons to make which said estimate was based, the man- such inspection, examination or audit. per in which it was determined and. the Subd. 7, The company shall at all times person by whom it was made, and said keep, maintain and preserve for the sub- estimated amount, together with removal urban area proper and accurate engi- costs and salvage value, or other nearing, accounting, financial and static- amounts received or recovered from tical records, relating to the construction, said property shall be accounted for in cost, maintenance and operation of its the manner as hereinabove provided. property which at all times shall show correctly and in detail alt its financial Subd. 11. The company shall at all times including all of its receipts transactions keep, maintain and preserve all t h e . and disbursements and the particulars books records and accounts of the Min- thereof, :end all data needful for the neapolis Gas Light Company, a corpo- preparation of the statements and reports ration organized under the laws of the hereinafter provided for. State of Minnesota and the. Minneapolis The company shall, each month, pre- Gas Light Company, a corporation or- pare and file with the Suburban Rate ganized under the laws of the State of Authority the following: .Delaware, the predecessors of the coin- (a) Adetailed statement of all assets pany and such books records and ac- and liabilities of the company as of the counts shall at all reasonable times be close. of the preceding month; open to inspection and examination by (b) A detailed statement showing the Suburban Rate Authority as provided source and application of revenues of the in Subd. 6 in respect to the books, rec- company from the sale of gas and of ords and accounts of the company. by-products and from all other sources for the preceding month and year, up The company shall set up, keep and to and including the preceding month; maintain at all times at its general of- also all expenditGres of the company flees, accurate books of account, showing during said year; all dividends and in- among other things as nearly as may terest paid; the cost of all materials used be the actual original cost of the property in the manufacture of gas, all operating owned by the company within the subur- expenses, taxes and salaries; the cost of ban area. For this purpose the books and all repairs and of all property, real or records of the predecessor companres personal, by it purchased, acquired, con_ (Minneapolis Gas Light Company of Min- structed or installed; said statements nesota and Minneapolis Gas Light Com- shall be so prepared as to show the net Pany of Delaware) may be used without income of the company from its regular Prejudice to the Suburban Rate Authority business and from all other sources and in any proceeding where the actual origi- the use or disposition of said income. pal cost may be an issue. All property The company shall also, from time to added shall be entered on the books at time, furnish monthly operating and fi- its actual original cost. nancial reports and such other informa- reports and statements regarding its flop Subd. 12. The company agrees to lay , property and business, and the conduct such of its mains and pipes as come within its requirements for service as thereof, as the Suburban Rate Authority soon as reasonably possible to do so The may require. All information, reports and statements furnished to the Suburban . company hall give reasonable notice to Rate Authority by the company shall be the municipal engineer of plans to lay certified by the president, secretary or mains in any part of the municipality. The laying of such mains shall not un- other proper officer of the company. Subd. S. The provisions of this ordinance duly interfere with established munici- al- relative to allowable annual return Pal planning. Extensions of service be- , allowable rate lowable rate of return Yond the borders of the suburban area , base and accruing annual depreciation as herein defined shall not collectively rates fixed under the provisions hereof cast any undue burden on the customers and other requirements shall be consid- in said suburban area. aced as conditions hereof, but no such Subd. 13. The council of the municipality .provisions, nor any matter, fact or thing shall have the right to make such rea- herein contained shall be construed as an sonable rules and regulations as may be admission either by the municipality or necessary to provide adequate and prop- the company in connection with any pro- er service. The municipality shall have ceeding for the acquisition of the coin- the power to provide for the inspection pany's property, or any part thereof, , examination and ascertainment of the ac- under eminent domain or condemnation curacy of any and all gas meters used proceedings, or in connection with any or intended to be .used. for measuring ---- ~ -> - _1 ~..~..~~~._ ~~. z-- -~- ,-.. _« _ _ _ ---- . _ -..~ and ascertaining the quantity of gas sup- plied by the company and to inspect, examine and ascertain the accuracy of recording pressure gauges and of all ap- paratus fore testing and proving the ac- curacy of gas meters. Subd. 14. The company shall not open or disturb the surface of any street or pub_ lic place for any purpose without first having obtained a permit so to do from the proper municipal officials, for which permit the municipality may impose a reasonable fee to be paid by the com- pany. The mains, services and other property placed in the streets and public .places pursuant to such permit shall be located in the streets or portion of the streets and public places as shall be des- ignated by the municipality. The com- pany shall, upon completion of any work requiring the opening of any street or public place, restore the same, including the paving and its foundations, to as good condition as formerly, and shall exercise reasonable care to maintain the same for two (2) years thereafter in good condition. Said work shall be per- formed with due diligence and if the company shall fail promptly to perform and complete .the work, to remove all dirt and rubbish- and to put the street or p u b l i c place in good c o n d i- tion, the municipality s h a 11 have the right to put the s t r e e t or public place in good condition at the expense of the company; and the company shall, upon demand, pay to the municipality the cost of such work done for or per- formed by the municipality, together with ten per cent (10%) additional as liqui- dated damages. Notwithstanding the fore- going provisions of this subdivision, the company may open and disturb the sur- face of any street without a permit where an emergency exists requiring the im- mediate repair of a gas main or gas service. The company in ,such event will request a permit not later than the second working day thereafter. Subd. 15. Whenever the municipality shall grade, regrade or change the line of any street or public place or construct or re- construct any sewer or water system therein and shall, in the proper exercise of its .police power, and with due regard to seasonable working conditions, order the company to relocate permanently its mains, services and other property locat- ed in said street or public place, the company shall relocate its facilities at its own expense. In construing this para- graph, the obligations of the company to relocate its facilities shall be as applic- able to water systems as it is to sewer systems. The municipality shall give the company reasonable notice of plans to grade, regrade or change the line of any street or public place or to construct ~or .reconstruct any sewer or water sys- tem therein. The company .may be required to re- locate its facilities at its own expense where grade changes are made by the municipality far improved drainage .or improved .traffic conditions. provided, however if a subsequent relocation or relocations shall be ordered within ten veers from and after the first relocation the municipality shall reimburse the company for such non-betterment reloca- tion expense which the company may incur on a time and material basis. Pro- vided. however, nothing in this ordinance contained shall deprive the company of its rights under Sectian 161.46, Minnesota Statutes. Nothing contained in this subdivision shall renuire the company to remove and replace its mains or to cut and reconnect its service pipe running from the main to the customer's premises at its own expense where the removal and replace- ment "or cutting, and reconnecting is made for the purpose of a more expedi- tious operation for the construction or reconstruction of said sewer or water system.; nor shall anything contained herein relieve any person, persons or cor- porations from liability arising out of the failure to exercise reasonable care to avnid injuring the company's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system, Where the municipality orders the com- pany to relocate any of its facilities the company shall proceed with such reloca- tion. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by the company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the company claims that it should be reimbursed for such relocation costs, it shall notify the municipality within ten (10) days after receipt of such order. Subd. 16. The municipality shall give the company reasonable written notice of plans for street improvements where . paving or resurfacing of a permanent nature is involved, which, notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the municipality is going to start the work, and if more than one street is involved the order in which this work is to proceed, Paving or resurfacing of a permanent nature refers only to Portland cement concrete or high type bituminous concrete. The notice shall be given to the com- pany asufficient length of time, consider- ing seasonable working conditions, in ad- vance of the actual commencement of the work to permit the company to make any additions, alterations or repairs to its facilities deemed necessary by it. In cases where streets are at final width and grade, and the municipality has installed underground sewer or water _.,-„ mains and service connections to t h e property line abutting the streets prior to a permanent paving or resurfacing of such streets, and. the company's main is~ _ located under such street, the company may be required to install gas connections prior to such paving or surfacing whenever it is apparent that gas service will be required during the five years following the paving or resur- facing. Subd: 17. All mains, services, governors and other property and facilities shall be so located, constructed, installed and maintained as not to endanger or un- necessarily interfere with the usual and . customary trade, traffic and travel upon ` the streets and public places of the mu- _ nicipality. The company shall keep and maintain all of its property in good con- dition, order and repair, so that the same shall not menace or endanger the life or property of any person. The municipality shall have the right to inspect and exam- ine at any reasonable time the property' owned or used, in part or in whole, by the company for the purpose of manu- facturing, distributing, furnishing or sell- ing gas in the suburban area. Subd. 18. The company agrees to pay to the Suburban Rate Authority, effective January 1, 1963, not less than $30,000.00 per year to be allowed as an operating expense to the company and which shall be used to secure compliance with this ordinance, and for such other purposes relating to the company's purchased gas costs and gas supply as the Suburban Rate Authority shall deem necessary. The amount of such annual payment shall be subject to possible revision by the Suburban Rate Authority and the company, not oftener than once in five (5) years, if mutually agreed to. Subd. 19. The company shall at all times provide and furnish an adequate, safe and continuous supply of gas to the mu- nicipality and its inhabitants, subject, however, to the further provisions of this subdivision. The company sells and dis- tributes gas throughout its entire distri- bution system, The natural gas distribut- ed by the company is furnished by the pipeline system, owned and operated by Northern Natural Gas Company, a "na- tural gas company" under the Federal Natural Gas Act, which subjects said Northern Natural Gas Company to the jurisdiction of the Federal Power Com- mission. The company shall not be liable to the municipality or its inhabitants nor shall the municipality, or any inhabitant who is a customer of the company, be liable to the company hereunder by reason of the failure of the company to deliver, or of the municipality or a customer to re- ceive, natural gas as a result of acts of God, or the public enemy, inability of pipeline 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 nam- ed above take place, the company shall have the right and authority and rt shall be its duty to adopt reasonable rules and regulations in connection with limiting, curtailing or allocating extensions of service or supply 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; classifications of custom- ers shall be reasonable end shall be nondiscriminatory as between r.:unicipal- ities in the suburban area. If service is temporarily suspended be- cause of any of the reasons set forth above, occurring through no fault or ne- gligent act on the part of the company, such suspensio.r shall not be made the basis of any action or proceeding to terminate this franchise. The quality of the gas sold in the suburban area shall be the same as that sold to the com- ~, i ~, ~, ~uhere anent shall ~f the which z, the time start ~eet is ork is of a rtland vinous com- nsider- in ad- ent of make s to its t final sipality r water _- ~ theme s prior cing of mam is ~mpanv or re- nt that ing the resur- vernors shall be ~d and or un- ual and , 'el upon yep and od.con- , ie same ~~' ;life or cipality i exam- roperty ° pole, by ' manu- or sell- ~ pay to affective 30,000.00 berating ch shall ith this purposes .sad gas .~burban pessary. payment sion by ~,nd the in five Il times e, safe he mu- oubject, of this nd dis- distri- ~tribut- by the .tad by a "na- 'ederal s said to the Com- to the shall ~.t who liable son of er, or tc re- cta of ity of quate order body ~f the nam- shall shall s and iting, is of Omer lding Hers, tions class tom- 1 be ipal- 1 be- 'orth ne- any, the to y of shall ~om- 3 !" parry's customers in the City of Minne- apolis. The pressure at which gas is supplied and the method and manner of testing the heating value, quality, purity and pressure of the gas supplied shall be in accordance with accepted national stan- dards. Subd. 20. The company shall indemnify, keep and hold the municipality free and harmless from liability on account of in- jury or damage to persons or property growing out of the negligent construction, maintenance, repair and operation if its property, and in the event that suit shall be brought against the municipality either independently or jointly with the company on account thereof, the com- parry, upon notice to it •by the munici- pality, shall defend the municipality in any suit at the cost of the company, and in event of a final judgment being ob- ~"tained against the municipality, either independently or jointly with the com- pany, the company shall pay such jud~- .ment with all costs and hold the munici- ~ pality harmless therefrom, . Nothing herein shall be con- strued to limit the right of the munici- pality to acquire the property of the company under any act of the legislature now or hereafter existing nor under any provisions of law now existing or here- after adopted. In the event the munici- pality should desire to acquire the prop- erty of the company by the exercise of eminent domain as herein set forth the - company agrees that its value for the purpose of such acquisition shall hot in- ,. elude any amount for the value of any. 'right privilege franchise or grant from• .-.>~he State of Minnesota or the municipal- ity for good will or for future profits and that in determining said value no regard shall be had to the amounts of stocks bonds and other obligations of the company. Subd, 22. The rights and privileges here- by granted are not exclusive and the mu- nicipality expressly reserves the right to grant like rights and privileges to other persons or corporations, Subd. 23. If the company shall be in de- fault in the .performance of any of the material terms and conditions of this or- dinance and shall continue in default for more than ninety (90) days after receiv- ing notice from the municipality of such default the municipal council may by ordinance duly passed and adopted term- inate all rights granted under this ordi- nance to the company. The said notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claim- ed that the company is in default. Such notice shall be served in the manner pro- vided by the laws of Minnesota for the service of a summons and complaint in a civil action. The reasonableness of any ordinance so. passed declaring a forfei- ture a/' the rights and privileges granted by this franchise ordinance shall be sub- ject to review by a court of competent jurisdiction.' Subd. 24, Any change of the form of gov- ernment of the municipality as author- ized by the State of Minnesota shall not affect• the validity of this franchise. Any municipal corporation succeeding the mu- nicipality shall, without the consent of the company, succeed to all the rights and obligations of the municipality provided in this franchise. Subd. 25. Except as herein otherwise spe- cifically provided, whenever notice is to be given to the company, such notice in writing, addressed to the president, vice president, secretary or treasurer of the company and delivered at the Minneapo- lis .office of the company sha1T be service of such notice; and whenever notice is to be given to the municipality, such notice, in writing, addressed to the municipal clerk and delivered at his office, shall be service of such notice; and whenever notice is to be given to the Suburban Rate Authoirity, such notice in writing, addressed to such Suburban Rate Author_ ity and delivered to its office or to one of the members of its governing body, shall be service of such notice. Subd. 26. An ordinance entitled "Grant- ing 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 City of Rich- field and to use the streets, avenues and alleys thereof for that purpose", passed on the 9th day of September, 1946, and the amendments thereto passed on the 14th day of August, 1950, are hereby re- pealed. Subd. 27. This,_ordinance shall be null and void unless the company shall, after the publication thereof and prior to April 1, 1963, file with the municipal clerk a written acceptance of the same and an agreement on its part, signed and ac- knowledged in its behalf under its cor- porate seal by its duly authorized offi- cers, to surrender all rights and privil- eges under the ordinance described in Subd. 26, and to comply with, abide by; keep and perform all of the terms, con- ditions and requirements herein contain- ed upon its part to be complied with or performed, and that the Company wiA not contest the validity of this ordinance or of any rate or rates which are in accordance with the terms hereof, ex- cept as herein expressly provided. Subd. 28. The expense of the publication of this ordinance shall be paid by the company. Subd. 29. If this ordinance is not adopted March 1, 1963, by municipalities in which 66-213% of the customers of the com- pany in the suburban area are located, the municipal council may revoke the same, The company agrees to file with the municipal clerk on or before March 15, 1963, a sworn statement showing the total number of customers in the subur- ban area and the total number of cus- tomers in municipalities in which t h e ordinance has been adopted. If this~br- dinance is revoked the provisions of this ordinance shall be without prejudice to either party in any subsequent proceed- ing, Subd: 30. Three years after January 1, 1963, either the company or the Suburban Rate Authority may request a review of the question of whether the rate formula contained in Subds. 4 and 5 accomplishes the purposes expressed in the first sen- tence of Subd. 4. Such review may be initiated by making a written request therefor to the other party during the month of January, 1966. Thereupon, the Suburban Rate Authority and the com- pany shall review and discuss such ques- tion with each other, thoroughly and in good faith, for a period not to exceed six months. Any change in said rate formula shall be prospective in aperation only and shall be made by amendment to Subds. 4 and 5. Any such amendment to be effective must be adopted before De- cember 1, 1966, by municipalities in which 66-2/3% of the customers of the com- pany in the suburban area are located and accepted in writing by the company in the farm provided in Subd. 27 prior to January 1, 1967. In the absence of any such amendment, so adopted and accept- ed, the rate formula contained in Subds. 4 and 5 shall be and remain in effect during the balance of the term of this franchise. Subd. 31. If any section, paragraph: sub- division clause or provision of this or- dinance shall be adjudged, invalid' or un- constitutional, the same shall not affect the validity of this ordinance as a whole, or any part or provision, other than the part so decided to be invalid or uncon- stitutional. Subd, 32. This ordinance shall take effect and be in force from and after January 1, 1963, and after its publication and its acceptance by the company subject to the provisions o~Subd. 29. CHAPTER 1X CHAPTER IX -TRAFFIC AND MOTOR VEHICLE REGLTLATION 9.01 General Provisions, Subdivision 1. Scope of Chapter. The pur- pose of this chapter is to provide stan- dards for the regulation of traffic in the city in order to protect the lives and prop. arty of its inhabitants and to provide for the public welfare in general, Subd. 2. Adoption of Certain. State High- way Traffic Regulations by Reference. (1) Adaption, The following provisions of the Minnesota Statutes are hereby adopted by reference: (a) Chapter 169 in its entirety; (b) Sections 168.055, 168.056, 168.09,. •168.10, 168.11, 168.27, 168.36, 168.39, 168.41, 168.44 and 168.83 of Chapter 168; and (c) Sections 171.02, 171.03, 171.05, 171.08, 171.09, 171.11, 171.17, 171.18, 171.20, 171.22, 171.23 and 171.24 of Chap- ter 171. Every provision contained in said Minne- sota Statutes herein adopted is a part of this code, as if fully set forth herein. Subd. 3. Additional Provisions. In addi- tion to those regulations contained in the statutes hereinbefore adopted by refer- ence, the following provisions contained in Sections 9.02 through 9.05 are applic- able to all traffic control and regulations in the city. 9.02 Specific Regulations . Parking. Subdivision 1. Lockirog Vehicles. Any per- son parking a passenger automobile on a city street or alley or in any city parking area shall lock the ignition, remove the key and take it with him. Subd, 2. Immovable Vehicles. No person OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SUN-PAGE 4: shall at any time leave any motor ve- hicle standing upon any city street or alley with the wheels chained, locked or fastened in such a manner that such ve- hicle cannot be easily moved in case of emergency. Locking of a motor vehicle being moved by hand is allowed. Subd. 3. Double Parking, Vehicles shall not be double parked on any city street or highway. Subd. 4, Standing with Brakes Set. No person driving or in charge of a motor vehicle shall permit it to stand unattend- ed on a grade without effectively setting the brakes thereon and turning the front wheels to the curb or side of the high- way. Subd. 5. Right to Impound Keys, When- ever any police officer finds a motor ve- hicle standing unattended with the igni- tion key in the vehicle, in violation of this section, such police officer is author- ized and empowered to remove such key from the vehicle and to deliver. the key to the main police department office. Subd. 6. Removal of 1'llegally Stopped Vk- hieles. Whenever any city police officer finds a vehicle parked in violation of this chapter, such officer may move such vehicle or require the driver or any other person in charge of the vehicle to re- move such vehicle from illegal locgtion. Subd. 7. Authority to Impound or Move Vehicles. In addition to the authority granted the police department in other provisions of this chapter, members of the police department are authorized to remove a vehicle from a street or high- way to the nearest garage or other place of safety or storage or to a garage or place of safety or storage designated or maintained by the police department or the city, under the following circum- stances: (1) When any vehicle is left unattended upon any bridge, viaduct, causewaq, free- way, or in any moving traffic lane of any highway so as to constitute an ob- struction to traffic. (2) When any vehicle upon a street or highway is disabled so as to constitute an obstruction to traffic, or the Berson or persons in charge of the vehicle are, by reason of physical injury, alcohol, narcotics or personal illness, incapacitat- ed to such an extent as to be unable to provide for its custody or removal. (3) When any vehicle is permitted to remain on any public street or highway in the same location for more than 48 hours in succession. Subd. 8. Notice Required. Whenever an officer removes a vehicle from a street, as authorized by this section, and the officer knows or is able to ascertain from the registration records in the vehicle, or on file with the motor vehicle regis- tration authorities the name and address of the owner thereof, such officer shall promptly give, or cause to be given, no= tice in writing to such owner of the fact of such removal and of the place to which such vehicle has been removed. In the event such vehicle is stored in a public garage or other public place of safety or storage, a copy of such notice shall be given to the proprietor of such garage or place. Subd. 9. Notification to State..Whenever an officer removes a vehicle from a street under this section and is not able to ascertain the name ~~f the owner, or for any reason is unable to give notice to the owner as hereinbefore provided, and in the event that the vehicle is not returned to the owner within five days, the officer shall then promptly send or cause to be sent, a written copy of such removal, by mail, to the registrar of motor vehicles of the State of Minne- sota and shall file a copy of such report. with the proprietor of the place in which the vehicle is stored, Such report shall include a complete description of the ve- hicle, the date, time .and place from which removed, the reasons for such re- moval, and the name of the garage or other place where the vehicle is stored. Subd. 10. Costs of Impoundment. Any person whose vehicle is lawfully im- pounded under the provisions of this sec- tion shall pay the reasonable costs of such impounding and the reasonable stor- age charges for the storage of such ve- hicle before such vehicle is surrendered to him. Subd. 11. Snow Remova'1. When the di- rector of public works or any of his as- sistants find it necessary for the purposes of facilitating Street maintenance opera- tions, such as the removal of snow, ice or street wastes, to move any vehicle standing on any highway in this city, said director of public works or his assistants. in the discharge of their duties are au- thorized to move such vehicle to the ex- tent necessary for such purposes. Subd. 12. Angle Parking. Upon those streets which have been designated for angle parking, vehicles shall be parked at the angle to the curb indicated by the applicable marks or signs. Subd. 13. Manner of Parking and Right of Way. The driver of a vehicle intended to park at the curb of any street or high- way, at a place about to be vacated by another vehicle, shall stop back of such parking space and wait until said vehicle has vacated the parking space. The per- son desiring to park shall then move his vehicle to a place immediately in front of the parking space and back into it. and the driver of any other vehicle approach- ing from the rear shall yield the right of way to that person. In case there is no one in position immediately in front of the empty parking space who is pre- pared to back into it, the driver of an approaching vehicle may head into the parking space without backing, provided the parking space is large enough to permit such maneuver. Subd. 14, Vehicles Backed to the Curb - Loading a.n~d Un-loading. No vehicle shall be backed to the curb in the commer- cial zones to load or unload, except by permit from the chief of police. Vehicles used for the transportation of merchan- dise or materials may back into the curb to take on or discharge loads when the owner of such vehicle holds a permit granting him such privilege. Such permit shall be either in the possession of the driver or on the vehicle itself at the time such vehicle is backed against the curb. Violation of any special terms or oondi- tions contained in the permit, as imposed by the chief of police, constitutes a viola- tion of this chapter. Subd. 15. Display of Vehicles for Sale, No. person shall park or place any ve- hicle on any street or highway or on any private parking lot in order to display such vehicle for sale or exchange. A ve- hicle is deemed to be displayed in vio- lation of this section when found stand- ing on any street or highway, or private parking lot, and bearing any sign or no- tice indicating that it is for sale or ex- change. Subd. 16. Maintenance and Repairs, No person shall wash grease, repair or otherwise perform maintenance work up. on any vehicle when such vehicle is lo- cated on any street or highway. This sec- tion does not apply to repair situations wherein an actual emergency exists. Subd. 17. Tampering with Parked Ve- - hides. No person shall tamper with, mo- lest, damage or set in motion any ve- hicle standing on any street or highway without the consent of the owner or driv- er of such vehicle. Provided, however, that when the director of public works or his representative finds it necessary, for purposes of facilitating street main- tenance operations, to move any such ve- hicle, he may do so to the extent neces- sary to facilitiate such operations. 9.03 Specific Regulations . Illegal Park- ing and Stopping, Subdivision i. Illegal Parking or Stopping. No person shall stop, stand or parka ve- hicle, whether attended or unattended ex- cept 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 fol- lowing places: (1) On a sidewalk or boulevard between sidewalk and roadway. (2) In front of a public or private,: driveway or alley or within five feet of the intersection of any public or private driveway or alley with any street or highway. (3) Within an intersection. (4) Within ten feet of a fire hydrant; provided that this does not prevent the parking of taxicabs in taxicab stands es- tablished by the council within ten feet in either direction of a fire hydrant, (5) On a crosswalk. (6) Within 20 feet of a crosswalk at an intersection. (7) Within 30 feet upon the approach of any flashing school signal, stop sign, .traffic-control signal or school sign at the side of a roadway. (8) Between a safety zone and the ad- jacent curb or within 30 feet of points - on the curb immediately opposi~ the ends of a safety zone, unless a different length is indicated by signs or mark- ings. (9) Within a designated or marked bus stop. (10) Within 50 feet of the nearest rail of a railroad crossing. (11) Within 20 feet of the driveway en- trance to any fire station and on the side of a street opposite the entrance;of any fire station within 75 feet of said elitrance when properly sign- posted. (121 Alnnv~,Ao ,._ -----' ~._._ ~~ , F -~- ~~ PAGE 46-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD excavation or obstruction when such stop- ping, standing or parking would obstruct traffic. (13) Along. the curb side of street ad- jacent to any school property from 8:00 a.m. to 4:00 p.m. on days when school is in session. (14) On the roadway side of any ve- hicle stopped or parked at the edge or curb of a street. (15) Upon any bridge or approach or other elevated structure upon a street or highway or within a street or highway tunnel, except otherwise provided by or- dinance. (16) At any place so as to block a fire escape or exit from 2ny building. (17) At any place where temporary signs prohibit parking as long as such signs are in place. (18) On any public street or highway, at the same location, for more than 48 hours in succession. (19) On any public property, including parks, playgrounds and school grounds, •except on areas thereon improved and marked for parking.. Subd. 2. Additional Prohibitions. (1) No person shall move a vehicle not owned by such person into any prohibited area or away from a curb or side of street such distance as is unlawful. (2) No person shall for camping pur- poses leave or park a 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 designating the place as a camp site. (3) No person shall stop or parka ve- hicle on a street or highway when direct- ed or ordered to proceed by any peace officer invested by law with authority to direct, control or regulate traffic. 9.04 Traffic Control Regulation for Motor Bicycles. Subdivision 1. Definitions. Motor bicycles are defined in Section 6.08 of Chapter VI of this Code. Subd. 2. General Traffic Control Regula- tions. The provisions contained in this part, including those provisions of the Minnesota Statutes relating to traffic con- trol adopted herein by reference, apply to the operation of motor bicycles in the city unless expressly exempted there- from. Subd. 3, Specific Regulations. In addition to and as supplementary to the regula- tions provided in Subd. 2 of this section, the following traffic regulations apply to all motor bicycles operated within the city: (1) No motor bicycle shall be operated or parked upon any public sidewalk with- in the city. (2) No stunts, drills, acrobatics, racing or games of any sort on motor bicycles are permitted on any city highway, street or alley without the prior approval of the city chief of police. (3) Motor bicycles shall be operated in such .manner as to minimize any dis- turbances to the public caused by engine noise, horns, noisy acceleration and any other audible disturbance resulting from such motor bicycle operation. (4) No motor bicycles shall be driven across or upon any private property with- out the permission of the owner or oc- cupant thereof, express or implied. (5) No passenger shall be carried upon any motor bicycle except upon the pass- enger seat of the motor bicycle. T h e motor bicycle operator who is carrying a passenger on his motor bicycle shall take every reasonable precaution to pro- vide for the safety of such passenger, both before and during the time the mo- tor bicycle is in operation. (6) Motor bicycle operators shall not execute unnecessary sharp turns, radical movements, or quick stops where such movements could have been .avoided by the reasonable operation of the motor bi- cycle. (7) Each prospective motor bicycle op- erator shall familiarize himself with the controls, pedals, gears, hand and foot brakes and any other item which is ne~- essary for the safe operation of the mo- tor bicycle. (8) Motor bicycle operators shall apply rear brakes first before applying front wheel brakes where the motor bicycle is equipped with both sets of brakes. (9) No .person shall drive or park a motor bicycle on any public property, including parks, playgrounds and school grounds, except on areas thereon im- proved and marked for parking. Subd. 4. Washing and Greasing of Motor Bicycles, No person shall wash. grease or repair a motor bicycle upon any street or highway or upon any public property such as a park, playground or school ground, except when such repairs are necessary because of an emergency. Subd. 5. Mufflers and Exhaust System, Every motor bicycle shall be equipped at all times with a muffler in good work- ing order which 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 cutout, bypass, or similar de- vice upon a motor bicycle on a street or highway. The exhaust system shall not emit or produce a sharp popping or crackling sound. It is unlawful to remove the baffle plates from the exhaust sys- tem of a motor bicycle or to operate a motor bicycle with such baffle plates from the exhaust system of a motor bi- cycle or to operate a motor bicycle with such baffle ,plates removed, Subd. 6. Application of State Law. Noth- ing. contained in .this section shall be construed so as to limit or abrogate the provisions of Minn. Stats. 169.974, 9.05 Miscellaneous Regulations. Subdivision 1. School Safety Patrolmen The chief of police may appoint school safety patrolmen, designated as such, who serve without copensation. S u c h patrolmen shall be appointed from the student bodies of public and private schools within the municipality. The chief of police shall also designate the streets upon which school safety patrolmen have the power to regulate traffic. Such pa- trolmen shall be subordinate to and shall obey all the orders of any regular mu- nicipal peace officer. No school safety patrolman shall function unless he is equipped with the proper "School Stop" hand signal. Such patrolmen are author- ized to regulate traffic of all kinds on designated streets when they are proper- ly equipped and act within the terms of their appointments. Subd. 2. Unauthorized Use of Publie Prop- erty. No person shall wash. grease or re- pair such vehicle upon a street or high- way, nor on any public property such as parks, playgrounds and school grounds, except when such repairs are necessary because of an emergency. No person shall operate a motor bicycle or other motor- ized recreational vehicle or equipment on any public property such as parks, play- grounds and school grounds except on areas thereon improved and marked for use as public off-street parking areas, nor shall any person operate a snowmo- bile on any publicly owned land, includ- ing schools, park property playgrounds, recreation areas, drainage basins or park reserve areas. Subd: 3. Speed Control in Alleys. No per- son shall drive a motor vehicle on any public alley in .the city at a speed great- er than is reasonable and prudent un- der the circumstances, and in no event at a speed greater than 10 miles per hour. 9.06 Traffic Violations Bureau. Subdivision 1. Creation. The court having jurisdiction over traffic regulations with- in the city is hereby authorized pursuant to this section, to establish a traffic vio- lations bureau to assist the court in dis- posing of violations of traffic laws or or- dinances. This section is enacted pur- suant to Minn. Stats. Chapter 492. Subd. 2. Bureau Head. The head of such bureau is the clerk of the court estab- lishing said bureau, who shall be assisted by such other personnel as the council may by resolution authorize. Subd. 3. Location and Hours. Such bur- eau shall be located at the city offices, or at such place as may be designated, and shall be open during such hours as the city administrative offices are open, if physically located in the city, subject to order of the court. Subd. 4. Financing of Bureau. The city shall appropriate such funds as may be necessary for the establishment and oper- ation of the bureau. Subd. 5. Records, Fines ands Other Col- lections. The bureau shall maintain a record of all cases of violations brought before it including their trial dispositions, and also a record of all fines collected and the disposition thereof. Fines and other moneys collected by the bureau shall be disposed of in the same manner as if guilt had been determined in court. Subd. 6. Additional Records. The bureau shall, in addition to those records and books maintained in accordance with Subdivision 5, keep and maintain all other books and records as are presented by the court and as are deemed neces- sary for the efficient operation of the bureau. CHAPTER X CHAPTER X -NUISANCES AND OF- FENSES AGAINST THE PUBLIC HEALTH, WELFARE AND SAFETY. PART I ~ NUISANCES _ .GENERAL., 10.01 Publie Nuisances. Subdivision 1, Definition. Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance: (1) Maintains or permits a condition which necessarily annoys, injures or en- dangers the safety. health, morals, com- fort or repose of any considerable num- ber of members of the public; or (2) Interferes with, obstructs or ren- ders dangerous for passage any public highway or right-of-way, or waters used by the public; or (3) Is guilty of any other act or omis- sion declared by law or by this code to be a public nuisance. Subd. 2. Public Nuisances Affecting Health. The following are hereby declar- ed to be nuisances affecting health: (1) Exposed accumulation of decayed or unwholesome food or vegetable mat- ter; (2) All diseased animals running at large; (3) All ponds or pools of stagnant wa- ter; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulations of manure or rub- bish; (6) Privy vaults and garbage cans which are not rodent free or flytight, or which are so maintained as to constitute a health hazard, or to emit foul and dis- agreeable odors; (7) The pollution of any public well or cistern, stream, lake, canal or body of water by sewerage. creamery or indus- trial wastes, or other substances; (8) All noxious weeds and other .rank growths upon public or private property; (9) Dense smoke noxious fumes, gas and soot, or cinders in unreasonable quantities; (10) Offensive trades and businesses as defined by statute not licensed by the city board of health as provided by law; (11) All public exposure of persons hav- ing acontagious disease. Subd. 3. Public Nuisances Affecting Mor- als and Decency. The following are here- by declared to be nuisances affecting public morals and decency: (1) All gambling devices, slot ma- chines and punch boards; (2) All houses kept for the purpose of prostitution or promiscuous sexual inter- course, gambling houses, houses of ill fame, and bawdy houses; (3) All domestic animals in the act of coupling, exposed to public view; (4) All places where intoxicating li- quors are manufactured, sold, bartered, or given away in violation of law, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxi- cating liquors are kept for sale, barter or distribution in violation of the law, and all liquors, bottles, kegs, pumps, bars and other property kept at and used foi• maintaining such a place; (5) Any vehicle used for the illegal transportation of intoxicating liquor, or .for promiscuous sexuak intercourse or any other immoral purpose; (6) All indecent or obscene pictures, books, pamphlets magazines and news- papers; (7) Betting, bookmaking, and all ap- paratus used in such occupations. Subd. 4. Publie Nuisances Affecting Peace ands Safety. The following are here- by declared to be nuisances affecting peace and safety: (1) All snow and ice not removed from public sidewalks 12 hours after the snow contributing to the condition has ceased to fall; (2) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic ap- proaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached; (3) All limbs of trees which are less than eight feet above the surface of any public sidewalk, or nine feet above the surface of any street; (4) All wires across the public streets, alleys or sidewalks w.~ich are strung less than 15 feet above the surface of the ground; (5) All unnecessary noises and annoy- ing vibrations; (li) Obstructions and excavations affect- ing the ordinary use by the public of the streets alleys, sidewalks or public grounds except under such conditions as are permitted by this code or other ap- plicable law; (7) Radio aerials or television anten- nae strung or erected in any dangerous manner; (8) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds ~of people to gather, obstruc- ting traffic and the free use of the streets or sidewalks; (9) All hanging signs, ~ awnings and other similar structures over the streets or sidewalks, or so situated as to en- danger public safety, or not constructed and maintained in accordance with this code; (10) The allowing of rain water, ice or snow to fall from any building or stru~- ture upon any street or sidewalk to flow across any sidewalk; (11) Any barbed wire fences less than six feet off the ground and within three feet of a public sidewalk or way; (12) All dangerous, unguarded machin- ery in any public place, or so situated or operated on private property as to attract the Public; (13) Waste water cast upon or permit- ted to flow upon streets or other public property; (14) Accumulations in the open of dis,: ~- -~ carded or disused machinery, household appliances and furnishings, or other ma- terial, in a manner conducive to the har_ borage of rats, mice, snakes or vermin, or to fire, health or safety hazaa~~ ~m such accumulations, or froFS°c ~e _ "g~=-. ,~ growth of vegetation among the items so -~!`P' accumulated. (15) Any well. hole, or excavation of a similar nature which is left uncovered, or in such other condition as to consti- tute ahazard to any child or other per- son, being or coming upon the premises where the same is located; or any dis- carded 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; (16) Obstruction to the free flow of wa- '~; ter in a natural waterway or a public street drain, gutter or ditch with trash, lawn clippings- leaves, rocks, boards or other materials; (17) All other conditions or thing s which are liable to cause injury to the person ozr property of anyone. CHAPTER. X PART II - NUISANCES -SPECIFIC PROHIBITED CONDITIONS. 10.04 Miscellaneous Prohibitions. The ex- istence of any of the conditions enumer- ated in this section shall be declared to be nuisances and may be proceeded against in the manner provided in this part. Subdivision 1. Swine. No swine of any kind or nature shall be kept within the limits of the city at large or in any en- closure situated within a distance of 75 feet from any dwelling house, store or shop of any person other than the owner, nor within 75 feet of any public street in the city. Subd. 2. Deposits of Ordure and Filth. No person shall place or leave on or near the top of the ground, whether un- covered or covered with earth or other material, the contents of any privy or other vault, cesspool or excavation con- taining ordure or filth within the city. Subd. 3. Maintenance of Grounds f o r Fur-bearing Animals. No person shall keep mink, foxes, muskrats, raccoons or polecats in yards, pens or houses for ° breeding purposes in the city. 10.05 Maintenance of Fowl and Birds. Subdivision 1. Prohibition. No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds shall per- mit the same to run at large or enter upon the premises of another without permission, nor shall any such fowl or birds be kept, raised or permitted to go on any street, park, lake or public porxd- ing area. Subd.- 2. Limitation on Number. No more than three such fowl or birds shall be kept or raised on any residential proper- ty in the city. Subd. 3. Injury or Annoyance to Others. No such fowl or birds shall be kept, or raised in such, manner as to cause injury or annoyance to persons on other proper- ty in the vicinity by reason of noise, odor or filth. Subd. 4. Impounding of Fowl or Birds. Any such fowl or bird at large in viola- tion of Subdivision 1 may be impounded by the city and, after being so impounded for three days, or more without being re- claimed by the owner, may be destroyed or sold. Any person rechii..ing any such impounded fowl shall pay the coat of im- pounding and keeping the same. 10.06 Maintenance of Non-Domestic Ani- mals, Amphibian:, Reptiles and Insects. Subdivision 1. D~:finition. "Domestic ani- mals" means and includes dogs. cats, birds kept inde~rs, hamsters, chinchillas, rabbits, lizard, and snakes capable of be- ing maintained continuously in cages, caterpillars and other living ,creatures generally referred'to as 'domestic pets. lr'_. ~h .'', ~' <.2 Y?', i(q; t.~„~ Y~..':j _~r R: ,i t x`,M? (.-;~3,~~+1 );,~,: . ~'19 j. _.. ;a.. i),'~ OFFICIAL PUBLICATION CITY OF RICHFIELD-THE RICHFIELD SIIN-PAGE 47 the > and otreets to en- ructed th this ice or struc- to flow ss than - three nachin- ~ituated as to permit- - public ~ of dim - ~usehold her ma- the hoe. vermin, terns so rtion of covered, consti- her per- remises my dis- ator, or vhich is as to be coming game is ~' of wa- s public h trash, yards or hings ~ to the 'ECIFIC The ex- enumer- lared to •oceeded in this of any thin the any en- ~eof75 More or owner, >treet in ~d Filth. on or Cher un- ~r other privy or ion con- he city. is for m shall :Dons or ises -for Birds. person >, geese, call per- ~r enter without fowl or 'd to go c pond- to more ,hall be proper- Others. kept or injury proper- se, odor • Birds. n viola- ~ounded sounded ping re- stroyed ny such of im- lit Ani- Inseets. tic ani- .cats, chillas, of be- cages, eatures. c pets. Subd. 2. Maintenance of Non-Domestic Creatures Prohibited. All other living creatures not enumerated or covered in Subdivision 1 herein are considered non- domestic creatures and the maintenance thereof is considered a nuisance and pun- ishable pursuant to this part. Subd. 3. Impounding of Non-Domestic Creatures, Any non-domestic creature kept in violation of Subdivision 2 may' be impounded by_ the city, and, after being so impounded for three days or more without being reclaimed by the owner, may be destroyed or sold, Any person reclaiming any such impounded animal shall pay the costs of impounding and keeping the same. 10.07 Cesspodls, Septic Tanks, P r i v y Vaults and Similar Facilities, Subdivision 1. Nuisance Declared, T h e `'-"-~.e of cesspools, septic tanks, drain fields, privy vaults and other similar fa- cilities for the disposal of sanitary sew- a edischarged into the ground and not the sanitary sewerage system of the ereby found to create or t<y be rk o `create a hazard to the under- ground water supply in this city, and to create or be likely ts> create health haz- ards to persons in this city. Such facilities are hereby ffound to be contrary to the public health. safety and welfare, and are declared to be public nuisances in viola- tion of this part. Subd. 2. Abatement, Any such nuisance ...shall be immediately abated by the own- er, agent or other person or party having control over the property on which such nuisance is located. Such abatement shall cobsist of connecting any facilities on such property for the disposal of sani- tary sewage with the city sanitary sewer- age system, or by the filling up and dis- continuing of the use of such facilities. Subd. 3. Unla.wfdl to Fai'I to Abate. It is unlawful for any person enumerated in Subdivision 2 to fail to abate such nui- sance. Each day that a person fails to abate such nuisance constitutes a sepa- rate offense. 10.08 Abatement and Control of Nuisances Subdividion 1. Procedures for Abate- ment. All conditions defined in this chap- ter or any other provision of this code to be nuisances and therefore subject to abatement and control, unless otherwise provided in this chapter, shall be subject to regulation enforced and applied in ac- cordance with the following procedures: (1) When the existence of any condi- tion relating to this part is found, the health officer or sanitarian, the chief building inspector, fire marshal or any police officer of the city, .acting in con- cert with one of the enforcing officers enumerated in this section, -shall issue a written order to any inner occupant or other person responsible to remove the same, at his expense, within a specified time not to exceed 10 days. (2) The written notice shall be served upon the owner, occupant, or other per- sons responsible by the sheriff, marshal or other peace officers. If service can- not. be made after diligent search, the officer attempting to make such service shall in lieu thereof post a written, print- ed notice upon the property or premises as provided in subsection (3). (3) Such notice shall state that unless the nuisance is abated or removed with- in 10 days. the sheriff, marshal or other peace officer will abate or remove the nuisance complained of and found to exist; at the expense of the owner. Subd. 2. Assessment of Cost. The cost of abatement or removal, not to exceed $100.00 against any one piece of proper- ty, shall be assessed against the proper- ty as provided in Minnesota Statutes 145.23. Subd. 3. Authority of State Law. T h i s section is adopted in accordance wit h Minnesota Statutes 145.22 and 145.23. Subd. 4. Other Penalties. Implementation of the procedures enumerated in this section shall not prevent prosecution of violations of the provisions of this sec- tion pursuant to Section 1.10 of Chapter I. CHAPTER X PART III -MISDEMEANORS The acts, types and causes of behavior enumerated in this part constitute mis- demeanors and are punishable as pi'o- vided in Section 1.10 of Chapter I of this .~, code unless a different penalty is set forth in this chapter. 10.15 Adoption of Certain Provisions of Minnesota Statutes, Chapter 609 by Reference. The following provisions and sections of Minnesota Statutes, Chapter 602, The Criminal. Code off 1963 as amended; arm; he~~hv 'ad~onted- py;,1°~f~_'-, ence and made a part of this code as if fully set forth herein: Subdivision 1. Minnesota Statutes 609.72, "Disorderly Conduct;" Subd. 2. Minnesota Statutes 609.725, "Vagrancy;" Subd. 3. Minnesota Statutes 609.22, "As- sault' " Subd. 4. Minnesota Statutes 609.66, "Dan- gerous Weapons;" Subd. 5. Minnesota Statutes 609.68, "Un- lawful Deposit of Garbage, Litter or Like;" Subd. 6. Minnesota Statutes 609.705, "Un- lawful Assembly;" Subd. 7. Minnesota Statutes 609.715; "Presence at Unlawful Assembly;" Subd. 8. Minnesota Statutes 609.505, "Falsely Reporting a Crime;" Subd. 9. Minnesota Statutes 609.51, "Simi- lating Legal Process;" Subd. 10. Minnesota Statutes 609.535, "Is- suance of Worthless Check;" Subd. 11. Minnesota Statutes 609.544, "Misusing .Credit Card to Secure Serv- ices;" Subd. 12. Minnesota Statutes 609.575, "Negligent Fires;" Subd. 13, Minnesota Statutes 609.605, "Trespasses and Other Acts." 10.16 Misdemeanors -Miscellaneous Of- fenses. In addition to the provisions of Section 10.15, the following acts, types and causes of behavior constitute mis- demeanors Subdivision 1. Indecent Exposure. Who- ever willfully exposes his private parts or induces or procures another to so ex- pose himself or commits any other open - act which is lewd, lascivious or indecent. Subd. 2: Riots or Public Disturbances. Any person or persons who make, aid, countenance or assist. in making any noise, riot, disturbance or improper di- version and all persons who collect in bodies or crowds in said city, for unlaw- ful purposes or to the annoyance or disturbance of citizens or travelers. Subd. 3. Indecent Swimming or Bathing. .Any person who swims or bathes in any creek, stream or pond within the limits of .the city without being clad in swim- ming apparel. Subd. 4. Cruelty to Anima'Is and' Birds. Any person who inhumanely, unneces- sarily, cruelly or wantonly beats, injures or otherwise abuses any animal or bird within the city. Subd. 5. Public Intoxication or Posses- sion. Whoever appears in an intoxicated condition or consumes intoxicating liquor while on any public street or other pub- lic place, or on any private property without the consent of the owner of such property, or while in a vehicle upon any public street. Subd. 6. Offenses Against Property. The following constitute offenses against property: (i) Whoever willfully procures money or property in this city by fraud, mis- representation or false pretenses, or commits any acts ,of larceny, robbery or burglary or in any manner steals or unlawfully obtains or appropriates the property of another within this city. (2) Whoever willfully or maliciously displaces; removes, injures or destroys public or private property of any kind without authority of law. (3) Whoever negligently or carelessly sets on fire or causes to be set on fire combustible material, whether on h i s land or not, by means whereof the prop- erty of another shall be endangered, or negligently allows any fire upon. h i s own land or property to extend beyond the limits thereof or willfully disobeys any lawful fire prevention provision or order for the purpose of fire protection within this city. (4) Whoever. lacking right of posses- sion to property, refuses.to depart from or surrender possession of such proper- ty when ordered to do so by the owner thereof; provided, however, that t h i s subdivision shall not apply in any case where immediately prior thereto there existed between the owner and the per- son in possession the relationship of landlord and tenant, vendor and vendee or mortgagor and mortgagee, or their respective assigns. (5) Whoever willfully and fraudulently obtains money or property from another by check, draft or order for the pay- ment of money or the delivery of prop- erty, when such person knows that the drawer or maker thereof is not en- titled to draw on the drawee for the sum specified therein. or to order the payment of the sum. Subd. 7. Offenses Against Public Justice. The followin ;_ acts constitute offenses against public justice: (i) Whoever by,force or fraud rescues. srar' lawja<l ~~is¢od;;~, ®_ from a:: officer or person having him in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction or sentence for a misdemeanor. (2) Whoever takes from the custody of an officer or other person personal property in his charge under any process of law or who willfully injures or de- stroys such property. (3) Whoever escapes from custody while a prisoner or who departs from the jail or place of confinement or fails to return in accordance with his per- mission. (4) Whoever with intent to effect or facilitate the escape of a prisoner, wheth- er such escape is effected or attempted or not, enters the jail or conveys to a prisoner any information or sends into the jail any disguise, instrument, a pon or other thing, and every person ~a..u aids or assists a prisoner in escaping or attempting to escape from lawful cus- tody. (5) Whoever knowingly or willfully con- ceals or harbors .for the purpose of con- cealment aperson who has escaped or is escaping from custody. (f) Whoever, after having been lawful- ly commanded by any judge or magis- trate to arrest another person, willfully neglects or refuses to do so, and. every person who, after having been lawfully commanded to aid an officer in arrest- ing any person or in retaking any per- son who has escaped from lawful cus- tody, or in executing any legal process. (7) Whoever in any case, or under any circumstances not. otherwise enumerated herein. willfully resists, delays or ob- structs apublic officer in discharging or attempting to discharge a duty of his office. (8) Whoever directly or indirectly ad- dresses any threat or intimidation to a public officer, or who attempts to bribe any public officer, with intent to induce him to do, make, omit or delay any act, decision or determination. (9) Whenever two or more persons conspire to commit any act injurious to the public health, public morals,. trade or commerce for the perversion or ob- struction of public. justice or the due ad- ministration of laws. Subd. 8. Aid to Law Enforcement Offi- cials; False Registration. Every person who fails or refuses to provide any police officer with accurate information as to his identity and place of residence when requested to do so, including the produc- tion of written verification thereof if re- c,uested, and every person who falsely registers himself or wilfully obtains or permits false registration of any other person at any tourist camp, cabin camp, hotel, rooming house or other place fur- nishing sleeping or overnight stopping accommodations for transient guests. 10.1? Misdemeanors -Specific Provisions- Unlawfvl Discharge of Firearms, Wea- pons Involving Compression and B o w and Arrow. Subdivision 1. Prohibition - Firearms, Compression Weapons. No p e r s o n shall discharge or explode any gun, pistol or other weapon, including wea- pons and instruments employing com- pression as a means of discharge, upon, in, over or across any .street, avenue, alley or other public place or over or across any private. property line without the consent of the owner of said private property within the city except as herein provided in this section. Subd. 2. Prohibition -Bow and' Arrow. No person shall release arrows from a bow upon, in, over or across any street, avenue, alley, or other public place in said city or over or across any private property line without the consent of the owner of said private property, except in public places posted and designated for the use of bow and arrow within the city, Subd. 3. Hunting. No person or persons shall discharge any firearms or trespass with dogs or guns in any part of said city. Subd. 4. Scope of Section. Nothing in this section shall be construed to prohibit any firing of a. gun, pistol or species of fire- arm when done in the lawful defense of person, property or family; or in the necessary defense or enforcement of the laws. 10.18 Misdemeanors -Specific Provisions - Fireworks and Explosives. Subdivision 1. Sale Prohibited, No per- son shall, within the city, sell, keep for sale, dispense, distribute with or without consideration, or to use any fireworks, Chinese crackers, rockets, torpedoes or other explosive contrivances; provided, however, that this section shall not apply to the keeping in storage for shipmen o~dtsid.e th ci~:y of any sucl_ mercnandise if a special permit is granted therefor by the .Council. Subd. 2. Confiscation. It is the duty of every member of the police force and fire wardens of the city to seize any and all fireworks, Chinese crackers, rock- ets,torpedoes,or other explosive contriv- ances in the possession or used by any person within the city contrary to the provisions of this section, and all such fireworks, Chinese crackers, rockets, tor- pedoes or other explosive contrivances seized as aforesaid shall be destroyed under the direction and by authority of the council. 10.19 Misdemeanors -Specific Provisions - Possession of Firearms: Subdivision i. Certain Possession Illegal. (1) No person shall carry a revolver upon his person, or in any vehicle, who is not a citizen of the United States, or who is not. 21 years of age, except those who is not 21 years of age, except. those under the age of 21 years who are active and legally enrolled members of an adult target shooting, pistol club or sports- men's club, which is duly authorized to purchase or receive weapons from the United States, provided such members of such club are at, or are going to or from, their places of assembly or target practice. (2) No person shall carry a pistol or revolver upon his person, or in any ve- hicle, who has been convicted of a felony by the courts of this state or any other state or by the courts of the United States, or who has been convicted any- where of acts which, if committed in Minnesota, would constitute assault in the first or second degree; larceny, theft,. unlawful entry, extortion, buying or re- ceiving stolen property; using. carrying or possession of burglar tools or wea- pons; escape; or who has been convict- ed of any of the other offenses specified above, or has been adjudged mentally incompetent. (3) No person who is under the influ- ence Hof intoxicating liquor or narcotic drug shall carry a pistol or revolver upon his person or in any vehicle. Subd. 2. Scope of Section.. As used in this section; the word "revolver" shall mean any firearm with a barrel less than 12 inches in length. 10.20 Misdemeanors -Specific Provisions; Prohibition of Inhaling, Breathing or Drinking of Certain Substances Common- ly ICno'wn as Glue and Regulating Its Purchase, Sale and Possession, Subdivision 1. Prohibition. The inhaling, breathing or drinking of certain sub- stances, hereinafter defined and common- ly known as glue. is prohibited, and the purchase, sale and possession thereof are regulated as set out in this section. Subd. 2. Intoxication and Impairment. No person shall. inhale, breathe or drink, or be or become intoxicated by reason of inhaling, breathing, or drinking any substance commonly known as glue, ad- hesive, cement. mucilage, dope, solvents, lacquer, drugs, fingernail pohsh and lacquer, nail polish remover, or thinners for the above-named substances, nor any substance containing toluol, hexane, thri- chloroethylene. acetone, toluene, ethyl acetate, methyl ethel ketone, trichoroa- thane, isopropanol, methyl isobutyl ke- tone, methyl cellosolve acetate. cyclo- hexanone, or any other substance which contains ketones, aldehydes, organic ace- tates, ether, chlorinated hydrocarbons or, any other similar ingredient which re- leases toxic vapors for the purpose of inducing symptoms of intoxication, ela- tion, excitement, confusion, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the balance, coordination or the audio, visual or mental processes. Subd. 3. Purchase and Acquisition Pro- hibited. No person shall, for the purpose of violating or aiding another to violate any provision of this section, intentional- ly possess, buy, sell, transfer possession or receive possession of any glue con- taining the intoxicating substances de• ' fined in Subdivision 2. Subd. 4. Retail Establishments. Retail establishments selling glue containing the intoxicating substances defined in Subdivision 2 shall not sell such glue from aself-service display. 10.21 Misdemeanors -Specific Provisions - Prohibition of the Possession and Pur- chase or Delivery of Barbiturates and Other Prohibited. Drugs. Subdivision i. Definitions. The following terms shall have the meanings ascribed to them in this section: (i) The term "prohibited drug" means: ,(,a). ;Barbital :and ..any derivative thereof, including but not limited to the PAGE 48-THE RiCHF1ELITSUN-OFFICIAL. PUBLICATION CITY OF RICHFIELD r~ .~ ~ ~~ ,` d~ following: diethylbarbituric acid; a n y alkyl, aryl, metallic or halogenated de- rivative of barbituric acid; veranal (bar- .. bitone); sandoptal; amytal; phenobar- bital (luminal); phandorn; noctal; allon- al (which contains allylisopropyl-barbit- uric acid in combination with amidopyr- ine) medianl; any preparation, mixture or other substances containing any of the foregoing substances. (b) Amphetamine and any deriva- tives thereof including but not limited to such substances as follows: desoxye- phedrine (methamphetamine) mephen- termine, pipradol, phenmetrazine, methylpenidate or any salt mixture or .optical isomer having a stimulating ef- fect on the central nervous system. (c) Chloral hydrate (chloral); chlor- diazepoxide and its salts (livrium); dia- zepam (valium); ethchlorvynol (placi- dyl); ethinamate (valmid); blutethimide (doriden); meprobamate (miltown, equa- nil, meprospan• mepr•otabls); methypry- lon (noludar); paraldehyde. (d) Codeine, or any of its salts. (2) The term "deliver" means sale, offer for sale, barter, exchange, admin- istering, dispensing. giving away, dis- tributing, or supplying in any other man- .. Her. The term deliver" as herein de- fined shall include the attempt to do such acts as well as the actual com- pleted commission thereof. (3) The term "patient" means as the case may be (a) the individual for whom a prohibited drug is prescribed or to whom a prohibited drug is administer- ed, or (b) the owner or the agent of the owner of any animal for .which a prohibited drug is, prescribed or to which a prohibited drug is administered. (4) The term "practitioner" means a person licensed by law to prescribe and administer any of the prohibited drugs as defined above- ' (5) The term "pharmacist" means a person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist: ((i) The term "prescription" means a written or oral order by a practitioner to a pharmacist for a prohibitive drug or stimulant for a particular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient (and if such barbiturate or stimulant is prescribed for an animal, the species of such animal), the name and quantity of the prohibited drug prescribed, the directions for use of such drug, and in the: case of a written order the signa- __ tune of such practitioner. An oral order by a practitioner for a prohibitive drug must be promptly reduced to writ- ing by the pharmacist. (7) The term "manufacturer" means persons other than pharmacists who prepare drugs in dosage forms by mix- ing, compounding, encapsulating, entab- leting or other process. (8) The term "wholesaler" means any person engaged in the business of• dis- tributing prohibited drugs to persons in- cluded in any of the classes named in Subdivision 3. (9) The term "warehouseman" means any person who stores prohibited drugs for others anal who has no control over the disposition of such prohibited drugs or stimulants except for the purpose of such storage. Subd. 2. Unlawful Procuring, Purchase, Delivery or Possession. No person shall nor attempt to possess or have in his control or possession, to purchase or de- liver, a prohibited drug. Subd. 3. Excepted Lawful Business and Professions. Subdivision 2 of this section does not apply to the following in the ordinary course of their trade, their bust- . ness, or profession provided, however, this exception shall net be a defense to the doing of the acts prohibited in Sub- divisions 2 or 4 of this section: (1) Pharmacists; (2) Manufacturers; (3) Pharmacists as manufacturers; (4) Wholesalers; (5) Warehousemen; (6) Persons engaged in transporting such prohibited drugs as agent or em- ployee of a practitioner, pharmacist, manufacturer, warehouseman, whole- saler or common carrier. (7) Public officers or public employees in the performance of official duties re- quiring possession or control of such pro- hibited drugs, or persons aiding s u c h officers or employees in the perform- ance of such duties. (8) Any patient as herein defined with respect to procuring, possession and use of a prohibited drug in accordance with the terms of a prescription and pre- scribed treatment. (9) Persons who procure, possess or use such Burgs fcr the curmose of Law- ful research; teaching or testing, and not for sale. t10) Lawfulll~ licensed and registered hospitals or bona fide institutions where- in sick or injured persons are cared for and treated, or by bona fide hospitals for the treatment of animals. 'Subd, 4. Unlawful Procuring, Purchase, Delivery or Possession. No person shall nor attempt to possess or have in his control or possession, to purchase or de- liver, a prohibited ,drug in any of the following ways: (1) By fraud, deceit, misrepresenta- tion or subterfuge, or (2) By the forgery or alteration. of a prescription. or (.3) By the concealment of a material fait, or (4) By the use of a false name or the giving of a false address, or (5) By making a false statement in any prescription, order, report, or rec- ord relative to a prohibited drug. or (6) By falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, warehouse- man, pharmacist, practitioner, or other person described in Subdivision 3 here- of, or (7) By making, issuing or uttering any false or forged prescription. Subd. 5. Confiscation and Disposition of Prohibited Drugs. Any prohibited drugs found in the possession of any person .convicted of a violation of this section shall be confiscated and shall be for- feited to the chief of police, who shall make proper and timely disposition thereof by destroying them. Subd. 6. Use of Original Containers and Labels Required. All patients having pos- session of any prohibited drugs, by law- ful prescription of practitioner while such prohibited. drugs are lawfully in such person's possession shall keep such pro- hibited drugs in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. 10.22. Misdemeanors - Specific Provi- sions - Willfu'I Disturbance of Any Law- ful Assembly or Meeting or the Peace and Quiet of Any Family or Neighbor- hood. No person shall, between the hours of 10:00 P.M. and 7:00 A.M., con- gregate because of or participate in any party or gathering of people from which noise emanates of a sufficient volume to disturb the peace, quiet or repose of persons residing in any multiple resi- dence or residential area. No person shall visit or remain within any resi- dence or place where such party or gathering is takfrrg place except persons who have gone there for the sole pur- pose of abating the disturbance. CHAPTER X PART IV - CURFEW REGULATIONS 10.28 Curfew Provisions. Subdivision 1. Minors. It is unlawful for any minor under the age of 17 years to loiter or idle in or upon the public streets, highways. roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement, entertainment or refresh- ment, vacant lots or other unsupervised places- between the hours of 10:00 P.M. and 5:00 A.M. of the following day; pro- vided, however, that the provisions of this section shall not apply to any minor accompanied by his or her parent, guard- ian or other adult person having the care and custody of the minor, or when the minor is upon some necessary. er- rand by permission or direction of his or her parents, guardian or other adult per- son having the care and custody of the minor. Subd. 2. Parent or Guardian Responsi- bility. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 1T years to permit such minor to loiter or idle in or u p o n the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and buildings, places of amusement, entertainment or refresh= ment, vacant lots or other unsupervised places between the hours of 10:00 P.M. and 5:00 A.M. of the following day; pro- vided, however, that the provisions of this section shall not apply when the minor is a^-companied by his or her par- ent, guardian or other adult person hav- ing the care and custody of the minor or when the minor is upon some neces- sary errand by permission or direction of his or her parent, guardian or other adult person having the care and cus- tody of the minor. Subd. 3. Providing Service for Minor; Loitering. It si~ali be unlawful for any person, 2irm or corporation operating or in charge of any place of amusement, entertainment or refreshment, or ni'._er place of amusement, entertainment or refreshment, or other place of business, to permit any minor under the age of 17 years to loiter in such place during the hours prohibited by this section; pro- vided, however, that the provisions of this section shall, not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and. custody of the minor. Whenever any person continues to lorter or idle in such places of busi- ness in violation of this section after the operator has ordered such person to leave, the operator shall call the police department forthwith and inform them of the violation. Subd. 4. Authority to Arrest. Each mem- ber of the police force while on duty is authorized to arrest, with or without warrant, any person or persons. violat- ing the .provisions of Subdivisions i and.. 2 of this section, and any child unac- companied by parent, guardian or other adult persons having the care and cus- tody of said minor child shall appear in court for violation of this section. Subd, 5. Penalties -Special Provisions.. (1) Any parent, guardian or other adult person having.. the care and custody of a minor under the age of 17 years who shall violate the provisions of this sec- tion shall, upon conviction, be fined not more than $25.00 and, in default thereof- shall be imprisoned for not more than 15 days. (2) Any minor violating the provisions of this section shall be dealt with in accordance with juvenile court law and procedure. (3) Any person, firm or corporation operating or in charge of any places of amusement, entertainment or refresh- ment, who shall violate the provisions of this section, shall, upon conviction, be fined not more than $50.00 ahd in de- fault of payment thereof, be imprisoned for not more than 30 days. CHAPTER XI CHAPTER XI -LIQUOR AND INTOXI- CATING BEVERAGE CONTROL PART I -MUNICIPAL LIQUOR STORES PART I _ MUNICIPAL LIQUOR STORES Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) "Liquor" means and includes dis- tilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (2) "Liquor Store Manager" means any person who is designated and em- ployed by the city to have charge of the operation of the municipal liquor stores. (3) "Sale", "sell" and "sold" mean and include all barters and all means of furnishing liquor in violation or eva- sion of this section. Subd. 2. Liquor Store Established and Continued. The municipal liquor stores,. established pursuant to village council resolution dated January 30, 1943_ are hereby established and continued. Subd. 3. Locations. The municipal liquor stores shall be located at such suitable place or places in the city as the coun- cil determines. The location sites and facilities may be either leased or owned by the city. Subd. 4. Regulations Governing Opera- tions. The following are general opera- tional regulations: (1) The municipal liquor stores shall be in the immediate charge of a liquor store manager, who shall serve under the supervision and direction of the city manager. All policies relating to the op- eration of such liquor stores shall be determined by the council. (2) The liquor store manager shall be assisted by such other employees as the council may authorize, provided, howev- er, no person under 21 years of age may be authorized to be an employee. All employees, including the liquor store manager, hold their positions at the pleasure of the council. (3) The liquor store manager shall have full charge of the liquor store and shall have authority to purchase sup- plies. as are necessary. (4) The liquor stores shall be open for business only during the days and hours and to the extent that the sale of liquor is authorized by la,w. (5) No business other than- the sale of liquor shall be carried on by the liquor store manager and employees while they are so employed. (6) No liquor shall be sold on credit, but checks may be accepted in payment, in the discretion of the liquor store manager, for the purchase price. (7) The liquor stores shall be lent in a clean and sanitary co~:dition. - (&j 'l4To liquor shail be sold for con- sumption on :iquor store premises, iµ1 ~'o iiquar snail. be sold to any per- son under 21 years of age, nor to any person who, in the opinion of the sell- er, is intoxrcated. (10) No person shall be permitted to habitually loiter about either liquor store. (11) Liquor shall not be sold nor pos- session thereof delivered by liquor store employees or any agents thereof, except on the liquor store premises. Subd. 5. Liquor Store Fund. The Liquor .Store Fund established pursuant to city council resolution dated January 30, 1943, is hereby established and continued. All revenues received from the operation of the liquor stores shall be paid into such fund and all operating expenses shall be paid out of such fund, subject to the provisions of the city charter. Subd. 6. Illegal Acts. The following con- stitute illegal acts and shall be penalized pursuant to the provisions of this code _,,,,, (1) No liquor shall be sold at retaicn the city, except_at the municipal liquor stores, nor by any persons not employed by such liquor stores. (2) No person shall consume, display or allow the consumptiop.~.di~~ liouor within this city, except at a residence or the municipal liquor store" or except as authorized by law. Subd. 7. Sale at Municipal Establish- ments Exclusive. . (1) Interpretation of Section. For the purposes of this section, delivery and sale of intoxicating liquor shall be deem- ed to occur at the place at which a pur- chaser accepts possession of the intoxi-. eating liquor from the seller thereof or from his agent or employee. If the pun>. chaser of intoxicating liquor permits the seller thereof or any employee or aoe-~t of such seller to retain or reacquire pos- ~J session thereof, the place of delivery of possession and sale for the purposes of this section shall be deemed to be the place at which possession of such intoxi- cating liquor is thereafter redelivered to the purchaser. (2) Prohibition Against Delivery. Intox- icating liquor shall not be sold or pos- session thereof delivered within this city, or caused to be thus sold or possession thereof deliverd, by any person, by any municipal liquor store, or by any agent or employee of such person or stores; except on premises in the city occupied by the municipal liquor stores. (3) Limitation an Application. Subsec- tion 2 hereof shall not apply to deliveries of intoxicating liquor by wholesale liquor dealers, warehousemen or breweries to the municipal liquor stores in the city or to deliveries by .said municipal liquor store to a wholesarle liquor dealer, or to deliveries to any club holding a liquor license issued by the city council, 11.02 Sale and Dispensation of Non-In#oxi- cating Malt Liquors. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section. (1) "Bona fide club" means any organ- ization for the promotion of sports, in- tellectual improvement or social or busi+ ness purposes, where the serving of beer is incidental to, and not the major pur- pose of the club, and such club main- tains a place for serving food for its membership, Such club must have been an established, incorporated club author- ized to do business in the State of Min- nesota for at least one year prior to the granting of a license under this sec- tion. (2) "Non-Intoxicating Malt L i q u o r means any malt beverage with an alco- holic content of more than one-half of one percent by volume and not more than 3.2 percent by weight. (3) "Minor" means any person under 21 years of age. (4) "Off-sale" means the sale of beer in the original container or package at retail stores for consumption off or away from the premises where sold. (5) "On-sale" means the sale of beer for consumption on the premises only. (ti) "Sale", "sell" and "sold" mean and include all transactions in which non-intoxicating malt liquor is transfer- red from one person to another, and all means of furnishing non-intoxicating malt liquor in violation or evasion of this sec- tion, with or without .consideration. Subd. 2. Limitation on Application. Noth- ing in this section shall be ::o :strued to prohibit or restrict the serving o~ non- intoxicating malt liquor to guests r~: a private home. The cai~ncil may also per- mit any non-profit ~:ocial organization, lodge, labor organisation. church or cor- poration not included in the definition of a bona fide club tc serve nod-intoxicating :Halt liquor with gut a license, free of charge, fora period riot exceeding 1c :.ours and riot more thau three times per calendar year. ..: _ - , -- - ~-- _4 ~ .rte ~__- - - - - _ 'r _ ~.. ~ ._ ..._ '~fjFl~le4l; ~W:BLFIEA`dIUN"C1TYS(~1P`kI~WFILL6=1`W~'R~CI~IPIEL'b1S11Ti-RAGE X49 ,r to any the sell- mitted to ~aor store. nor pos- uor store f, except ie Liquor ~t to city 30, 1943, cued. All ration of nto such shall be to the ing con- enalized is code~~, retail .n it liquor mployed display 7 stores lablish- 'or the r and deem- s pur- igtoxi•-.- eof or e pur~ its the aoti,~t e pos- 1 pry of yes of e the ntoxi- red to [ntox- pos- city, ~ssion any agent ores. zpied '~sec- eries quor s to y or luor r to luor oxi- ing to an- in- si« per ~r- in- its eh ~r- n- to c- Subd. 3. License Required. No person shall sell non-intoxicating malt liquor in the city Without the proper license. Ap- plication shall be made at least 30 days prior to the date desired for the license period. Subd. 4. Types of Licenses. The following types of licenses shall be issued pursuant to this section: (1) On-sale licenses may be granted only to restaurants, hotels, bona fide clubs and establishments having food li- censes, provided that no non-intoxicat- ing malt liquor manufacturer or whole- saler has any interest in such business. Such licenses are for retail sales of non- intoxicating malt liquor only. (2) Off-sale licenses may be granted for the sale of non-intoxicating malt li- quor for consumption .off the premises. f3) Wholesale licenses may be granted for the sale of non-intoxicating malt li- ..oIders of on-sale and off-sale licenses may be granted to n-sale licenses on whose lay be 1•awfully per- Subd: Contents of APalication. Persons desiring non-intoxicating malt liquor li- censes shall make applica±ion to the clerk. Applications shall include: (1) Type of license applied for; (2) Name, residence address, age, place. and date, birth of applicant; (3) The address and description of the place where the non-intoxicating malt li- m ~, is to be sold.; ~'` •~The hours per day and days per s s l uch premises will be open to the ,d and (.5y1 -Any other information required by he clerk or council. Subd. 6. License Fees. The annual license fees are as follows: On-sale license .................$200.00 Tavern license ..................$300.00 Wholesale license .............. $ 10.00 Off-sale license .................$ 15.00 Club ............................$100.00 Subd. 7. Investigation and Issuance. Each application may be referred to appropgi- ate city authorities who may investigate the applicant and ~ make reports to the council, based on their findings. Subd. 8. General Conditions Governing Issuance; All Licenses. (1) Any person under the age of 17 shall not be permitted to enter or re- main on the licensed premises, unless accompanied by his parent or guardian. (2) Non-intoxicating malt liquor shall not be sold to or served to any minor, nor shall any minor be permitted to con- sume beer on the licensed premises. (3) Non-intoxicating malt liquor shall not be sold by any licensee between 1:00 a.m. and 8:00 a.m. on any week day, other than Sunday, nor between 1:00 a.m. .and 12:60 noon on Sundays. (4) Non-intoxicating malt liquor shall not be sold between 1:00 am. a.nd 8:00 • m, on any election day in the district which the election is held. (6) Every place where non-intoxicating alt liquor is kept or sold shall be closed the public between 1:15 a.m. and 5:00 a.m. unless the licensee operates a cafe or restaurant which serves food all night, at last six nights per week. This provision shall not apply to establish- ments where food alone is served. If both food and non-intoxicating beverages are served at an establishment, a sep- arate and distinct room shall be main- tained for the sale of food, and if no non-intoxicating beverage is sold therein, such room may be kept open for the sale of food at all hours, provided the balance of the establishment is entirely closed at such times. (6) A bona fide club may sell non- intoxicating malt liquor only to its own members. (7) No licensee shall sell or serve non- intoxicating malt liquor to any person who is, or appears to be, intoxicated. No such intoxicated person shall be allowed to remain on the licensed premises. (8) No licensee shall permit any mix- ing or spiking of non-intoxicating malt liquor or any other beverage, on the premises unless licensed to do so under Section 11.03 of this chapter, (9) No licensee shall permit the con- sumption of liquor on the licensed prem- ises unless having a license issued under Section 11.03 of this chapter. (10) Any license shall be for the loca- nspecified thereon only, and shall not ~ e transferred to a different location ithout the approval of the council. (11) The license shall at all times'be posted in a conspicuous place on the li- tensed premises. (12) Any establishment licensed under this section shall be open to inspection by the police or health department at all times. Subd. 9. Specific Conditions Governing Issuance: On-Sale Licenses. (1) A sign reading "No Spiking Allow- ed" or ``No Spiking" of sufficient size and clarity to be easily read by ,a11 per- son in the premises, shall be conspicu- ously displayed in each on-sale premises not holding a license under Section 11.03 of this chapter. (2) No on-sale license shall be granted to any applicant who already possesses an on-sale license from the city. (3) No on-sale license shall permit the sale of non-intoxicating malt liquor at more than one .location and that location shall be described in detail in the license. (4) No on-sale license shall be issued to an applicant unless he is the actual proprietor of the premises to be licensed and a resident of the city. Any on-sale license, once issued, shall be effective only so long as the licensee remains a resident of the city. (5) Each on-sale premises shall be equipped with sinks and running hot and cold water for sterilizing and rinsing cups, glasses, mugs or other utensils in which non-intoxicating malt liquor is served. Such sink shall be conveniently located to the spigots from which the icon-intoxicating malt liquor is drawn. In bars or fountains the sinks shall be of the two-compartment type. Subd. 10. Specific Conditions Governing Issuance: Tavern Licenses. (1) Persons operating under a tavern license may be required by the. manager to employ a peace officer to be on duty at the licensee's place of business from 9:00 p.m, to closing time. (2) Tavern licenses shall comply with the provisions of Subdivision 5, Subset; tion (5) of this section. (3) No tavern license shall be issued to any person who does not have an on- sale license, a dancing license, and a food license. (4) Public dancing is not to be permit- ted in any place where non-intoxicating malt liquor is sold, unless such place operates under a tavern license. - 11.03 Sale of Set-ups for "Consumption of Liquor on Premises. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (1) The term "intoxicating liquor" means and includes ethyl alcohol and in- cludes distilled, fermented, spiritous, vinous. and malt beverages containing in excess of 3.2 percent of alcohol by weight.. (2) The terms "sale" and "sell" mean and include all barters and all manners or means of furnishing set-ups for in- toxicating liquor or liquors as above-de- scribed and also include the usual mean- ing of such terms. (3) The term "set. up" means the sale of beverage in or by `he glass or the sale of ice in or by t_:e glass for t h e purpose of spiking (or serving mixed drinks, compounded from patron's bot- tles) and for consumption on the prem- ises. (4) The term "restaurant" means any establishment, under the control of a single proprietor or manager, having ap- propriate facilities to serve meals, for seating not less than 50 guests at one time, and where in consideration of pay- ment therefor, meals are regularly served at tables to the general public, and which employs an adequate staff for the usual and suitable service to its guests and the principal part of the bus- iness of which is the serving of foods. (5) The term "principal part of the business" means at least 60% of gross sales. (6) A "church" as used in this section is a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God. Subd. 2. License Required. No person shall directly or indirectly deal in, sell, or keep for sale any beverage for set- ups without first having received a li- cense to do so as provided in this sec- tion. Subd. 3. Minimum Years of Operation. `Set-up" licenses shall be issued only to restaurants which have been iri operation for at least five years. Subd. 4. Applications for License to be Verified. Every application for a license to sell intoxicating liquor shall be ver- ified and filed with the city clerk. Subd. 5. Contents of Application. The ap- plication shall state: (1) Whether the applicant is a natural person, corporation, partnership or other form of organization. (2) If the applicant is a natural per- son, the following information shall be furnished: (a) True name, place and date of birth, and street residence, address of applicant. (b) Whether applicant has ever used or been known by a name other than his true name and, if so, what was such name, or names;. and information concerning dates and places where used. (c) The name of the business if it is to be conducted under a designation, name or style other than the full in- dividual name of the applicant. (d) Whether applicant is n,arrieu or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. (e) Whether applicant and present spouse are registered voters and, if so, where. (f) Street addresses at which appli- cant and present spouse have lived dur- ing the preceding ten years. (g) Whether applicant or his spouse has ever been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (h) Whether applicant or his spouse has ever been engaged as an employee or in operating a saloon, hotel, restau- rant, cafe, tavern or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. (i) Whether applicant has ever been in military service. If so, applicant shall, upon request, exhibit all dis- charges. (j) The name address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing intoxicat_ ing liquor and who is nearer of ki>i to the applicant or his spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in- law of the applicant or his spouse.. (3) If the applicant is a partnership, the names and addresses of all partners and all information concerning each part- ner as is required of a single applicant in paragraph (2) above. A managing partner, or partners, shall be designat- ed. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application. (4) If the applicant is a corporation or other organization and is applying for a "set-up' license the following informa- tion shall be furnished: (a) The name, and if incorporated, the state of incorporation. (b)) A true copy of the certificate of incorportaion, articles of incorpora- tion or association agreement and by- laws. (c) The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Sub- section (2) above. (d) A list of all natural persons who, singly or together with their spouse, or a parent, brother, sister or child of either of diem, own or control an in- terest in said corporation or associa- tion in excess of 5%, or who are offi- cers of said corporation or association, together with their .addresses and all other information required of a single applicant in Paragraph (2) above. (5) The exact legal description of the premises to be licensed together with a plot plan of the area showing dimen- sions, location of buildings, street access, parking facilities and the locations of and distances to the nearest church, building and school grounds. (6) The floor number and street num- ber where the sale of set-ups is to be conducted and the rooms where liquor is to be consumed. An applicant for a `set-up" license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall .indicate the number of persons intended to be served in each of said rooms. (7) If a permit from the federal gov- ernment is required by the laws of the United States, whether or not such per- mit has been issued, and, if so required, in what name issued and the nature of the permit. (8) The amount of the investment that the applicant has in the business, build- ing, premises, fixtures, furniture, stock in trade, etc.., and proof of the source of such money. (9) The names and addresses of all persons, other than the applicant, who have any financial. interest in the bussi- ness, buildings, premises, fixtures. furni- ture, stock in trade; the nature of such interest, amount thereof, terms for pay- ment or other reimbursement. This shall include, but not be limited to_ any les- sees, lessors, mortgagees, mortgagors, lendors, lien holders, trustees, trustors and persons who have co-signed notes or otherwise loaned pledged, or extended security for any indebtedness of the.ap- plicant. (10) The names, residences and busi- ness addresses ~of three persons, resi- dents of Hennepin County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or, in the case where information is required of a manager, the manager's character. ~ (11) Whether or not all real estate and personal property taxes for the prem- ises to be licensed have been paid, and if not paid, the years for which delin- quent. (12) Whenever the application for a "set-up" license, or fora transfer there- of, is for premises either .planned or under construction or undergoing 'sub- stantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the city engi- neer, no plans need to be filed with the city clerk. (13) Such other information as the city council shall require. Subd. 6. Renewal Applications.. Applica- tions for the renewal of an existing, li- cense shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such ab- breviated form as the .city council may approve. If, in the judgment of the coun- cil, good and sufficient cause is shown by any applicant for his failure to file for a .renewal within the time provided, the council may, if the other provisions of this section are compiled with, grant the application. Subd. 7. Accountant's Statement. At the earliest practicable time after applica- tion is made for a renewal of a "set- up" license, and in any event prior to the time that the application is ap- proved by the council, the applicant shall file with the city clerk a state- ment made by a certified public accountr ant that shows the total gross sales and the total food sales of the restaurant for the 12-month period immediately pre- ceding the date for filing renewal ap- plications. A foreign corporation shall additionally file a current certificate of authority. Subd. 8. Execution of Apolieation. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an unincorporated association by the manager or managing officer thereof. If the applicant is a part- nership, any license issued shall be in the names of all the partners. Subd. 9. License Fees. The following pro- visions control as to license fees and re- lated subjects: (i) The annual license fee fora "set- up" license shall be the maximum prp- vided by state law. (2) The annual license fee shall be paid before the application is accepted. Upon rejection of any application for a license, the license fee shall be refunded to the applicant except where rejection is for a willful misstatement in the li- cense application. (3) At the time of each original appli- cation for a license, the applicant shall also pay in full an investigating fee. For a single natural person, the investigat- ing fee shall be $75.00. Fora partner- ship,. the investigating fee shall be $150.00. For a corporation or other /as- sociation, the investigating fee shah be $300.00. No investigating fee shall be re- funded. (4) No part of the fee ~id for any license shall be refunded except in ac- cordance with this section or with city council action. ~' (5) At any time,~that an additional in- vestigation is required because of a change in the ownership or control of a corporation or because of an enlarge- ment, alteratio or extension of prem- ises previously' licensed, the licensee shall pay an ad itional investigating fee in the amount e~ $50.00. Subd. 10. Permit ee for Consumption or Display. In a dition to any other fees imposed by t is chapter or by the state each person] having obtained a per- mit for the consumption or display of intoxicating liquc from the State of Min- nesota, pursuan to the provisions of Minnesota Statutes 340.14, .Subdivision 3, shall pay a permit fee of $100.00. This provision is based upon the authority granted in Minnesota Statutes, 340.13. 3(c). ! Subd. 11. Granting of Licenses. The fol- lowing procedure-, shall be followed in processing applications for licenses under this sectioni. (1) All applications for a license shall - T ,.r-- PAGE 50-Ttff RiCHFIELDSON--OFFICIAL PUBLICATION €ITY~OP RICHFIELD be referred to the chief of police, and to such other city department as the city manager shall deem neecssary, for verification .and investigation of the facts set forth in the application. The chief of police shall cause to be made such investigation of the information request- ed in Subdivision 5 as shall be necessary and shall make a written recommenda- tion and report to the city council which shall include a list of all violations of federal or state law or municipal regu- lations. (2) Upon receipt of the written report and ~ recommendation by the chief of police and within 20 days thereafter, the council shall instruct the city clerk to cause to be published in the official newspaper 10 days in advance, a notice of a hearing to be held by the city coun- cil, setting forth the day, time and place when the hearing will be held, the name of the applicant, the premises where the business is to be. conducted, and such other information as the council may di- rect. At the hearing opportunity shall be given to any person to be heard for or agairist the granting of the license. (3) Each license shall be issued to the applicant only. Each license shall be is- sued only for the premises described in the application. No license may be trans ferred to another person or to another place without. the approval of the city council and without a -new application having been filed. (4) The clerk shall, within 10 days after the issuance of any license under this section, submit to the liquor control commissioner the full name and address of each person granted a license, the tradename, the effective license date, and the date of expiration of the license. He shall also submit to the liquor con- trol commissioner any change of ad- dress, transfer, cancellation, or revoca- tion of any license by the council dur- ing the license period. Subd. 12. Persons Ineligible for License. No license shall be granted to or held by any person: (1) Under 21 years of age. (2) Who is not of good moral charac- ter and repute. (3) Who, if an. individual, is an alien. (4). Who is or has been convicted of 'any willful violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any local ordinance regarding the manufac- ture, sale, distribution or possession for sale or distribution of intoxicating li- quor or whose liquor license has be;,n revoked for any willful violation of any law or ordinance. (5) Who is a manufacturer or whole- saler of intoxicating liquor. j, (6) Who is directly or indirectly in- terested in any other establishment in the city to which a license of the same class has been issued under this section. (7) Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section. (8) Who is the spouse of a person in- eligible for a license under paragraphs 4 5 or 6 of this section or who, in the judgment of the city council, is not the real party in interest Qr beneficial owner of the business operated, or to be op- erated, under the license. ` (9) A license may not be granted or renewed if, in the case of an individual, the licensee has. not been a resident of the city for at least one year at the time; if, in the case of a partnership, the managing partner has not been a resident of the city for at least one year at the time; or_ in the case of a corpora- tion, if the manager, has not been a resident of the city for at least. one year at the time. Subd. 13. Ineligibility for License: Exist- ; ence of any of the following conditions render any applicant ineligible for re- ceipt of a license: (1) No license shall be granted, or ~ renewed, for operation on any prem- ises, on which taxes, assessments or other financial claims of the city are delinquent and unpaid. (2) No license shall be granted for a foreign corporation.' (3) No license shall be granted for premises located within 600 feet of an elementary or secondary school or of any church. The distance is to be mea- sured in a straight line from the par- cel or lot upon which the church or school is located. The erection of an ele- mentary or secondary school or church within the prohibited area• after an orig- inal application has been granted shall not, in and of itself render such prem- . ises ineligible for renewal of the license. (4) No license shall be issued for the premises owned by a person to whom a license may not be granted under this section, except an owner who is a non- resident of the city, a minor, alien, or a person ",who has been convicted of a crime other than a 'violation of Minne- rota Statutes, Sections 340.07 through 340.40. (5) No "set-up" license shall be grant- ed for a restaurant that does not have a separate dining area, devoted exclus- ively for serving set-ups and food with a total minimum floor area of 1,500 square feet. This separate dining area shall not be more than 50 percent of the total dining area. (li) No "set-up" license shall be grant- ed for a restaurant with a total market value of less than $100,000 of land, build- ing, and equipment as appraised by the city assessor. (7) No "set-up" license shall be grant- ed restaurants with a separate dining room located other than on the ground floor. (8) No "set-up" license shall be grant- ed restaurants not properly located in a general business area, (9) No "set-up" license shall be grant- ed restaurants employing less than 20 people on a regular .basis. Subd. 14. Conditions Governing Issuance. The following conditions govern issuance of a license pursuant to this section: (1) Every license shall be granted subject to the provisions of this section and of any other applicable ordinance or law. (2) The license shall be posted in a conspicuous place in the licensed prem- ises at all times. (3) .Every licensee shall be responsi- ble for the conduct of his place of busi- ness and for the conditions of sobriety, and order in the place of business and on the premises. (4) No "set-up" license shall sell in- toxicating liquor ``off-sale" or "on-sale". (5) No.license shall be effective beyond the building space shown in the license application for such license. ((i) No person under 21 years of age shall be employed in a room where "set-up" sales are made and no such person shall be allowed to be or remain in such room unless accompanied by his parent or guardian. (7) No licensee. or any of his employees shall keep, possess, or operate or permit the keeping, possession or operation of any slot machine, dice, or any gambling device or apparatus on the licensed premises, or in any room adjoining the licensed premises, nor shall any such person permit any gambling therein. (8) No licensee or any of his employees shall knowingly permit the licensed premises or any room in those premises or any adjoining building directly or in- directly under his control to be used as a resort for prostitutes. (9) Any police officer, health officer, sanitarian building inspector, or any properly designated officer or employee of ~ the city shall have the unqualified right to enter, inspect, and search the premises of the licensee during business hours without a warrant. (10) No licensee shall ,sell, offer for sale, or keep for sale, intoxicating li- quors. (11) Where set-ups are served, the li- censee must have a bartender on duty to mix drinks from any patron's bottle of intoxicating liquor. The patron must deliver such liquor to the bartender on entering the restaurant and take such bottle with him when he leaves. Such bottle shall be identified by owner's name plainly written on the bottle. No set-up shall be carried from the room where it is served. (12) No licensee shall apply for or possess a federal wholesale or retail li- quor dealer's special tax stamp or a fed- eral gambling stamp. (13) No licensee shall keep ethyl alco- ~ol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed with i beverage. (14) Changes in the corporate or asso- iation officers, corporate charter, arti- les of incorporation, bylaws or partner- hip agreement, as the case may be, hall be submitted to the city clerk within 0 days after such changes are made. n the case of a corporation, the licensee hall notify the city clerk when a person of listed in the application acquires an rterest which, together with that of his ' pouse, parent. brother, sister or child, xceeds 5°l~, and shall give all informa- on about said person as is required of person pursuant to the provisions of ubdivision 5 of this section. (15) At the time a licensee submits ~s application for renewal of a license, shall state the nature or amount of 1y contribution he has made for cam- ~ign or political purposes, the person whom the contribution was made and ~e person or organization for whom in- nded. (16) A restaurant shall be conducted such a manner that the principal part the business for a license year is the ruing of .foods. (17) A restaurant shall display a sign calling attention to the open bottle law. Subd. 15. Hours of-0peration. No sale of set-ups shall be made during times when the sale of intoxicating liquor "on-sale" is prohibited by state law. Subd. 16, Restrictions Involving Sale to Minors, (1) No licensee, his agent or employee shall serve or dispense upon the licensed premises any intoxicating liquor or non- intoxicating malt liquors to any person under the age of 21 years; nor shall such licensee, or his agent or employee, per- mit any person under the age of 21 years to be furnished or consume any such li- quors on the licensed premises. (2) Any person who may appear to the licensee, his employees or agents to be under the age of 21 years shall, upon demand of the licensee, his employee or agent, produce and permit to be exam- ined an identification certificate issued by any clerk of the district court in the State of Minnesota pursuant to Minne- sota Statutes, Sections 626.311 through 626.319. (3) In every prosecution for a violation of the provisions of this section relating to the. sale or furnishing of intoxicating liquor or non-intoxicating malt beverage to persons under the age of 21 years, and in every proceeding before the city council with respect thereto, the fact that the minor involved has obtained and presented to the. licensee, his employee or agent a .verified identification card issued by the clerk of any district court in the State of Minnesota, from which it appears that said person was 21 years of age and was regularly issued such identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty of such a provi- sion and shall be conclusive evidence that a violation, if one has occurred, was not willful or intentional. Subd. 17, Other Restrictions on Purchase or Consumption. (1) No person shall give, sell, .procure or purchase a set-up for any person to whom the sale of intoxicating liquor is forbidden by law. (2) No person shall mix or prepare set-ups for consumption_ or consume set- ups, many public place not licensed in accordance with this code and the laws of the State of Minnesota. Subd. 18. Revocation, The city council may suspend or revoke a license for set- ups for the violation of any provision or condition of this section or of any state law or federal law regulating intoxicating liquor or set-ups, and shall revoke such license for any willful violation which, under the lawg of the state, is grounds for mandatory revocation. Subd. 19. Revocation Procedure. Except in the case of a suspension pending a hearing on revocation, revocation or sus- pension by the council shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licen- see. The council may, without any notice, suspend any license pending a hearing or revocation for a period not exceeding 30 days. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. No suspension shall exceed 60 days, Subd. 20. Licensing of Employees. (1) No person shall work as a manager bartender, cocktail waitress or in any capacity .where such person sells or serves set-ups in premises licensed under this section; and no licensee shall permit any such person to be so employed, un- less such person, within seven days after being first employed, shall apply for a license to engage in such business. No length of time ifshis license isodenied . or revoked. (2) An application for such license shall be filed with the city clerk upon forms provided by the city and such ap- plication shall be verified under oath and shall. contain the following information: (a) The names and addresses of two residents of Hennepin County, Minne- sota, who have known the applicant for a period of two years and who will vouch for the sobriety, honesty and general good character of the ap- plicant. (b) A concise history of the appli- cant's previous employment. (c) The record, if any, of arrests and of convictions for crimes and mis- demeanors other than traffic offenses. a y suchepersonashall be $5.OOsand shall be paid in ,advance. A license shall ex- pire. on June.. 3oth next following its ef- fective date. (4) The application shall be referr~ to the police department which shall i vestigate the facts set €orth in the.app cation and make a written report herei at the earliest practicable time. If t] police department recommends that sw person be licensed, the city clerk shy issue the license forthwith. If the polii department makes a recommendati< that the license not be issued, the app; cant, upon request, shall be entitled to hearing before the city council and m~ offer evidence to prove the license shout be issued. (5) No person shall be issued a ] tense if it appears that he has committe an act which is a willful violation i Minnesota Statutes 340.07 through 340.4 ((i) Any license issued hereunder ma be revoked for any violation of this se. tion or of Minnesota Statutes 340.( through 340.40 or for conviction of an crime or misdemeanor invoi in turpitude. ,,.,t. a 11 Subd. 21. License lf~a ay up license expires on lowing its effective date. ``r, ~ a Subd. 22. Enlargement, Alterations or Ex- tension of Premises. Proposed enlarge= ment, alteration or extension of prem- ises previously licensed shall be reported to the city clerk at or before the time application is made for a building per_ mit for any such change and the licensee shall also give such information a required by Subdivision 5, Subsectio_ ,"J 6, 8 and 9 of .this section. 11.04 Regulation of the Possession or Consumption of Liquor or Non-Intoxicat- ing Malt Liquor by Minors, Subdivision 1. Adoption of Certain Pro• visions of Minnesota Statutes, Chapter 340 by Reference. The following provi- sions and sections of Minnesota Stat- utes, Chapter 340. are hereby adopted by reference and made a part of this chapter as if fully set forth herein: (1) Minn. Stats. 340.03, "Minors; Pur- chase, Consumption, Possession." (2) Minn, Stats. 340.731, "Minors, For- bidden Acts or Statements." (3) Minn. Stats. 340.79, "Giving To or Procuring for Minors." (4) Minn. Stats. 340.80. "Inducing Mi- nor to Enter Saloon." 11.05 Additional Provisions Relating to Minors. Subdivision 1. Loitering. No minor shall loiter in or near any place where liquor or non-intoxicating malt liquor is sold unless accompanied by his parent or le- gal guardian. CHAPTER XII CHAPTER XII -MISCELLANEOUS AD- MINISTRATIVE REGULATIONS; SPE- CIAL FUNDS PART I -MISCELLANEOUS ADMINIS- TRATIVE REGULATIONS 12.01 Disposition of Unclaimed Property in Possession of the City. Subdivision 1. Purpose and Statutory Au- thority. This section is enacted for the purpose of providing for the custody and disposal of property coming into the pos- session of the city in the course of mu- nicipal operations and remaining un- claimed by the owner; and is adopted pursuant to the provisions of Minnesota Statutes, Section 471.195. Subd. 2, Method of Disposition. Whenever any property has come into the posses- sion of the city and has remained un- claimed by the owner thereof for a period of six months or more, the city may dis- pose oP such propert;~ by .sale to highest bidder at public auction or s Such public auction, or sale sha.) be co ducted under the direction of the c' manager, foll.ov ing published notice the official newspaper at least 10 days in advance o'. such sale. All unclaimed properties srid at such public auction or sale shall b ~ sold to the .highest bidder. Subd. 3. Property' Having Insubstantial -- .~ . - -_- - - - s~. hall be referred t which shall in- ~rth in the appli- en report hereon ble time. If the mends that such city clerk shall th. If the police recommendation sued, the appli- be entitled to a ouncil and may e license should e issued a li- has committed 'ul violation of through 340.40. hereunder may on of this sec- >tatutes 340.07 viction of anv ations or Ex- >ed enlarge= ~beorepor ed re the time wilding per. the licensee ation as-.~ bsectio>~ ~- . ~ session or i-Intoxicat- fain Pro- Chapter ng pi•ovi- ota Stat- fopted by s chapter rs; Pur- its, For- g To or 'ing Mi- ling to 12.04. Street Vacation Procedure. Subdivision 1. Charter Authority. T h i s section is adopted pursuant to Section 12.06 of the city charter. The procedures for the creation of streets within the' city shall be as delineated in the re- maining subdivisions of this section and shall be applicable to all street vacation proceedings in the city. r shall Subd. 3. Minutes of Bids. When bids liquor are opened as provided in Subdivision 2 s sold of this section, minutes shall be kept. or le- These minutes shall then be presented to the council for consideration at a council meeting. AD- SPE_ NIS- orty 4u- .he nd ~s- iu- in- ed to Value. Property having no substantial value need not be sold at -such public auctiop, ~F sale but may be discarded or or given: away, but a list of any such item shall be retained in the files of the city for at least six years after such dis- position of such property. Subd. 4. Limitation on Application. The provisions of this section shall not be applicable to automobiles. Subd. 5. Items Which May Be Destroyed. Items of personal property having nui- sance potential, such as firearms,-dang- erous weapons. liquor and narcotics may be destroyed upon order of the city man- ager. Alist of items so destroyed shall ^~ ~ntained for a period of at least h„}~„oo.s following such destruction. s. --Disposition of Proceeds. The s of . Qixch sale shall be placed irr aeral fund of the city, subject to the right ~ the former owner to pay- ment of the snit. price from such fund upon application ana satisfactory proof of 'ownership within six months of the sale. 12.02 Compensation of Mayor and Coun- cil Members. Subdivision i, Annual Salary. The annual s lary of the mayor shall be $3,000 and t~e annual salary of each other member of_the council shall be $2,400. Subd. 2. Authority for Enactmert, This part is enacted pursuant to the require- ments of Section 2.07 of the city charter. 12.03 Administrative Procedure - Com- petitive Bids. Subdivision 1. Statutory Authority, This section is adopted in accordance with the provisions of Minnesota Statutes, Section 429.041 insofar as it relates to public im- provements. Subd. 2. Administrative Staff to Open Bids. All competitive bids submitted to the city for any purpose shall be opened by the city administrative staff. When such bids are opened, at least three city department heads shall be present, in- eluding the manager. Subd. 2. Council Resolutions; Petition. The council may. by resolution, vacate any street, alley, public grounds, or any part thereof, upon. the petition of a ma- jority of the owners of land abutting on the street, alley, public grounds, or part thereof to be vacated. Owners of abut- ting property shall not include the city nor other political subdivisions. Subd. 3. No?ice of Hearing. No such vacation shall be made unless it appears in the interest of the public to do so and only after a hearing preceded by two weeks' published and posted notice. Subd. 4. Notice of Completion of Pro- ceedings. After a resolution of vacation is adopted. the clerk shall prepare and )) present to the proper county officers a (( notice of completion of the proceedings, in accordance with Minnesota Statutes, Section 117.19. 12.05 Numbering of Houses and Build- ings, Subdivision 1. Numbers Required. Each owner and each and every occupant of a house or commercial building in the city shall place on the front of each such house or building, suitable house or building numbers, large enough to be read from the street upon which said house or commercial building faces. Each house and ..commercial building shall be numbered in accordance with the instructions of the chief inspector. The inspector shall use the formula of two numbers for each 25 feet of front- age. Subd. 2, Duties of Inspector; Enforce- ment, It is the duty of the chief in- spector to enforce this section. The in- spector shall give the owner or occupant of any house or commercial building which does not conform with this , sec- tion 15 days' written notice within which to comply with the terms hereof. CHAPTER XII PART II -SPECIAL FUNDS 12.17 Municipal State-Aid Street Fund. Subdivision 1. Establishment. Pursuant to the provisions of Section 7.12, Sub- division 5 of the city charter, there is established a separate fund of the city to be known as the Municipal State-Aid Street Fund. Subd. 2. Financing. There shall be paid into such fund (a) such sums as have heretofore been received or are here- after received by the city as municipal state-aid street funds under the provi- sions of Minnesota Statutes, Chapter 162 and (c) such other monies as may be appropriated thereto by .the city or which by l.aw are to be handled in the same manner as municipal state-aid street funds. 12.18 Permanent Improvement Revo'Iving Fund. Subdivision 1. Establishment. There is hereby created a Permanent Improve- ment Revolving rand of the city, to be held and administered by the finance director, separate and apart from all other funds of the city, for the purpose of financing local improvements. Subd. 2. Source of Funds, The fund shall be a permanent fund of the city and the moneys necessary for -its maintenance shall be provided by taxation, by the appropriation- of available monies from other funds of the city, and/or by the issuance and sale of general obligation permanent improvement revolving fund bonds of the city as deemed necessary from time to time by the council. Subd. 3. Disposition of Funds. The mon- ies in .said fund shall be used only as directed by resolution of the city, and solely for the purpose of advancing to local improvement funds the cost of im- provements for which assessments are to be levied. All such monies so furnish- ed shall be restored when and as suf- ficient monies are received in said im- provement funds, with interest at a rate of not Tess than five percent per annum during the time for which such monies have been so furnished. Subd. 4. Investment When Permitted. Whenever there shall be monies in said fund not. immediately, needed for local improvements such monies may be in- vested under the direction of the coun- cil in any securities authorized for in- vestment of municipal sinking funds by applicable law. 12.19 Other Funds. Other funds have been estab'_.ished from time to time and provision for their creation and opera- tion . is made in other sections of this code or in the city charter. They are: (1) The Liquor Store Fund. See Chap- ter XI, Part I, Section 11.01, Subdivision 5. (2) Those funds established and maintained in accordance with the pro- visions of Section 7.12 of the city charter. CHAPTER XII. PART III. HUMAN RIGHTS COMMIS-. SION 12.23. Establishment of Human Rights Commission, Subdivision 1. Scope of Section, It is hereby declared that it is the public pol- icy of this city to fulfill its responsibili- ties as a partner of the State Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education, and to ful- ly implement those goals set forth in OFFICIAL PUBLICATION CITY OF RICHFIELD+ CIE RICHFIELD- SUN-PAGE 51 Minnesota Statutes Section 363.12 Sub vision 1, the Minnesota State A Against Discrimination. Subd. 2. Establishment of Commissi There is hereby established within t city a Human Rights Commission. Subd. 3. Purpose of Commission. T purpose of the commission is to secu for all citizens equal opportunity in e ployment, housing, public accommod tions, public services and education an full participation in the affairs of th' community and to take appropriate a tion consistent with_.the Minnesota Sta Act Against Discrimination. The co mission .shall also advise the city count on long range programs to improve h man relations in the city. Subd. 4. Composition of the Commission The commission shall consist o>; 9 mem bers to be appointed by the counci Members of the commission shall b appointed for terms of three (3) year except that any person appointed to fi a vacancy occuring prior to the expir tion of the term for which his predecesso was appointed shall be appointed onl for the remainder of such term. Upo the expiration of his term of office member shall continue to serve until hi successor is appointed and shall hav qualified. The first commission s h a 1 consist of three members appointed fo a term of three years, three members appointed for a term of two years, and three members for a term of one year. The members of the commission shall serve without compensation and may be removed from office at any time by the council, after a public hearing if a hear- ' ing. is requested by the member whose removal is being considered. Subd. 5. Commission's Responsibilities In fulfillment of its purpose the corr. mission's duties and responsibilities shal be to: (i) Adopt bylaws and rules for th conduct of its affairs including the elec- tion, assumption of duties and definition of responsibilities of officers and com- mittees. (2) Engage in discussions with the State Department bf Human Rights for the purpose- of delineating cooperative regulatory and enforcement procedures. (3) Enlist the cooperation of agencies, organizations, and individuals in the community in an active program direct- ed to create equal opportunity and elimi- nate discrimination and inequalities. (4) Formulate a human relations pro- gram for the city to provide increased effectiveness and direction to the work of all individuals. and agencies address- ing themselves to planning, policy mak- ing and educational programming in the area of civil and human rights. (5) Advise the city council 'and other agencies of 'the government on human relations and civil rights problems and act in an advisory capacity with respect to planning or operation of any city de- partment on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal oppor- tunity in the community. (6) Study, investigate and assist in eliminating alleged violations of Chap. 363 by conference, conciliation and per- suasion, and when necessary cooper- ate with the State Department of Human Rights in enforcing the provisions of the State Act. (7) Develop such programs of formal and informal education as will assist in the implementation of the Minnesota State Act Against Discrimination and foster the commission's assumption of leadership in recognizing and resolving potential problem areas in the commu- nity. APPENDIX B, REPEALER ORDT,~iAN~E As required by Section 3.10 of the city charter and as recited in Chapter I, Sec- tion 1.07, Subd. 1 of this code, the ordi- nances enumerated in this Appendix are repealed. CITY. OF RICHFIELD DOES ORDAIN: The following ordinances of the City of Richfield, the numbers and titles of which are set forth hereafter, and as amended, if amended, are hereby re- pealed: No. 2.01 - An Ordinance to Regulate the Construction and Alteration of Build- ings and Structures Within the Village of. Richfield for the Purpose of Promot- ing the Public Health, Safety, 0 r d e r, Convenience, Prosperity and General Welfare in Said Village, as amended. No, 2.02 - An Ordinance of the Village of Richfield Relating to the Numbering of Buildings, as amended. No. 2.03 - An Ordinance for the Pur- pose of Promoting Health, Safety, Order, Convenience, Prosperity and General Welfare, by Regulating the Use of Land, the Location and .Use of Buildings, the Arrangement of Buildings on Lots,.. and. di- the Density of Population in the Village c t of Richfield, Hennepin County, Minne- sota, as amended. No. 2.44 _ An Ordinance Regulating o^• and Governing the Platting of Land in he the Village of Richfield, Hennepin Coun- ty, Minnesota and the Approval of Plats he by the Council of Said Village, as re amended. m_ ~ No, 2,05 - An Ordinance Regu'ating the a- Use of Public and Private Sewers and d Drains, Private Sewage Disposal, t h e is Installation and Connection of Building c_ Sewers, and the Discharge, of Waters and to Wastes into the Public Sewer System, m- and Providing Penalties for Violations it Thereof, in the Village of Richfield. u_ County of Hennepin, State of Minnesota, as amended: No. 2.06 - An Ordinance Regulating the ' Construction and Operation of Incinera- l, tors, and Providing Penalties for the Vio- e l.ation Thereof, as amended. s No. 2.07 - An Ordinance Establishing ll Rules, Rates and Charges for Sanitary a_ Sewer Service in the Village of Richfield, r Hennepin County, Minnesota, as amended. n No, 2.08 - An Ordinance Regulating the a Moving of Buildings and Structures Into s or Within the Village of Richfield, Re- e quiring Permits Therefor, and Provid- 1 ing Penalties for Violations Thereof, as r amended. No. 2.09 - An Ordinance Relating to Non-Residential Driveways and Parking Areas, Requiring Permits Therefor; and Providing Penalties. No. 2.10 - An Ordinance Relating to Heating and Electrical Installations, Adopting Certain Ordinances of the City of Minneapolis by Reference. No, 2.11 - An Ordinance to Regulate the Installation of Gas Piping for Illumi- noting or Fuel Gas and the Installation, _ Alteration, Maintenance and Use of Gas 1 Burning Devices Connected Thereto, Adopting an Ordinance of the City of e Minneapolis by Reference. No. 2.12 - An Ordinance Relating to Automobile Washing Establishments, Regulating the Location and Operation Thereof, and Providing for the Issuance of Permits Therefor, as amended. No. 2.13 _ An Ordinance Regulating the Construction, Operation and Maintenance of Swimming Pools; Prescribing Stan- dards and Requirements for the Con- struction, Operation and Maintenance of Swimming Pools and Swimming P o 0 1 Equipment and Apparatus; Prescribing Duties and Responsibilities of the Health Officer and Inspection Division; 'a n d Prescribing Penalties -for the Violation of its Provisions, as amended. No, 2.14 _ An Ordinance Relating to the Municipal Water System, Establish- ing Regulations- and Rates for Water Service, and Providing Penalties f o r Violations Thereoi, as amended. No. 2.15 - An Ordinance Relating to Charges for the Availability of Water from the Municipal Water System. No. 3.02 - An Ordinance to License and Regulate Mechanical Amusement. Devices in the Village of Richfield, as amended. Na, 3.03 _ An Ordinance Regulating the Issuance of Theatre Licenses in the Village of Richfield, Hennepin County, Minnesota, as amended. No. 3.04 - An Ordinance Defining Pub- lic Dances and Providing for the Regu- lation and Licensing of Public Dances and Public Dance Halls and Places for holding Public Dances in the Village of Richfield, as amended. Na. 3.05 - An Ordinance to .Prevent, License, and Regulate Amusements, En- tertainments, Pool Halls, Bowling Alleys, Games and Devices, Dance Halls, and Other Amusements, as amended. No. 3.061 - An Ordinance Providing far. the Licensing, and Regulation of Motels in the Village of Richfield for the Pur_ pose of Promoting the Public Health, Safety, Order, Convenience, Prosperity, and General Welfare and Repealing Pri- or Ordinances. No. 3.062 - An Ordinance Relating to Trailer Coach Parks and Trailer Coaches, and the Occupancy Thereof in the Vil- lage of Richfield. No. 3.07 - An Ordinance Concerning Animal Control in the Village of Rich- field and Providing for Licensing of Certain Animals, as amended. No. 3.08 - An Ordinance for the Pur- pose of Promoting the Health and Gen_ eral Welfare of the Residents of the Vil- lage ~of Richfield, Iennepin County, by Regulating the Keeping of Garbage and Regulating and Licensing the Conveying and Hauling Thereof in Said. Village, as amended. No. 3.09 - An Ordinance .Regulating and Licensing Auto Liveries and Taxi- cabs in the .Village of Richfield, Henne- pin County, Minnesota, as amended. No. 3.10 - An Ordinance Regulating the Use of the Streets of the Village of Richfield by Self-Propelled Interurban and Suburban ,.Motor Omnibuses. Carry- ;~ ,. , r r~ PAGE 52-7HE RICHFIELD SUN-Off,ICIAL.P1.18LICATION,CIiY OF J21CF{FIELQ ing Passengers for Hire and Providing for the Licensing of Such Vehicles, a; amended. No. 3.11 - An Ordinance Regulating the Moving of Buildings and Structures into the Village of Richfield and Providing for Permits Therefor, for the Purpose of. Promoting the. Public Safety, Order, Convenience, Prosperity, Health a n d General Welfare in Said Village, as amended. No. 3.12 - An Ordinance Providing for the Payment of License Fee for the Ped- dling of Milk and Cream Within the Vil- lage of Richfield, as amended. No. 3.13 - An Ordinance Regulating and Licensing Transient Merchants. No. 3.15 - An Ordinance Relating to and Regulating the Establishment and Extension of Cemeteries in the Village of Richfield and for the Purpose of Promot- ing the Public Health, Safety and Gen_ eral Welfare of Said Village. No. 3.16 - An Ordinance Licensing the Sale-of Cigarettes in the Village of Rich- field, as amended. No. 3.172 - An Ordinance for the Li- . tensing and Regulating the Sale of Non- Intoxicating Malt Liquor in the Village of Richfield, and Repealing Prior Ordi- nances Relating Thereto, as amended. No. 3.18 - An Ordinance Regulating the Construction and Repair of Sidewalks, Curbs and Gutters. No. 3.19 _ An Ordinance to Regulate and Designate the Location of Stables :ilitl::., the Village of Richfield. No. 3.20 - An Ordinance Relative to Scavengers. No. 3.21 - An Ordinance Providing for the Registration of Bicycles in the Village of Richfield and Providing Penalty for Violation Thereof, as, amended. No. 3.22 - An Ordinance Authorizing the Issuance of Permits by the Village Council of the Village of Richfield, Hen- nepin County, Minnesota, for the Drilling of Wells and the Abandonment of Wells for the Purpose of Protecting the Gen- eral Health and Welfare of the Public, as amended. No. 3.22 - An Ordinance Prohibiting the Possession of Firearms by Criminals and Subversive Elements; Regulating the Manufacture, Sale or Other Transfer and Possession of Concealed' Weapons and Firearms Within the Village of Richfield and Providing Penalties for Violations Thereof, as amended. No. 3.23 - An Ordinance to License and Regulate the Sale of Christmas Trees Within. the Village of Richfield, Hennepin County, Minnesota; and to Pro- vide Penalties for Vioolation Thereof. No. 3.24 - An Ordinance to _License and Regulate Dealers in Motor Vehicles in the Village of Richfield, H e n n e p i n County, Minnesota, No. 3.25 - An Ordinance Licensing and .. Regulating the Sale of Soft Drinks and Providing a Penalty for the Violation Thereof. No. 3.261 - An Ordinance to Permit and Provide for the Installation a n d Maintenance of Benches on Public Walks and Ways, and for the Regualtion Thereof. No. 3.271 _ An Ordinance to Regulate the Design, Construction, Installation and Maintenance of Signs and Billboards; Providing for the Administration a n d Enforcement Thereof, and Providing Penalties for the Violation Tlieretff, as amended. No. 3.28 - An Ordinance Regulating Broadcasting Vehicles Within the Corpo- rate Limits of the Village of Richfield, and Requiring Permits Therefor. No. 3.28W - An Ordinance Regulating and Licensing Wagon Peddlers. No. 3.29 - An Ordinance Relating to License and ,Permit Fees, Prohibiting the Pro-rating of Fees Where Application is Made After the License or Permit Period has Commenced. No. 3.30 - An Ordinance Providing for the Licensing and Regulating of Itiner- ant Carnivals and Road Shows in the Village of Richfield. No. 3.31 _ An Ordinance Relating to Plumbing, Providing for the Issuance of Temporary Cesspool Permits. No. 3.33 - An Ordinance Relating to Permits for the Game of Bingo, No. 3.34 - An Ordinance Regulating and Licensing Roller Skating Rinks. No. 3.35 - An Ordinance Providing for the Licensing of Fortune Telling Palmis- try, Clairvoyance, Astrology and Similar Activities Within the Village of Rich- field. - No. 3.36 _, An Ordinance Relating to the Registration of Peddlers, Transient Merchants and Dealers, Hawkers, Soli= citors and Canvassers and Providing Penalties for Violation Thereof. No. 3.37 - An Ordinance Licensing Private Guards and Watchmen. No. 3.38 - An Ordinance Relating to Sale of Set-Ups for .Consumption of Li- quor on Premises, Na. 4.01 - An Ordinance Granting to the Minneapolis. Gas Light Company, Its Successors and Assigns, the Right t Manufacture,. Sell and/or Distribute Ga for Heating, Illuminating and O t h e Purposes in the Village of Richfield, an to Use the Streets, Avenues and Alley Thereof for That Purpose, as amended No. 4.02 - An Ordinance Granting Per mission to Northern States Power Com pany, a Minnesota Corporation, its Suc terrors and Assigns, to Erect, Install Enlarge, Operate, Repair and Maintain in the Village of Richfield, Minnesota Transmission Lines and an Electric Dis tribution System, Including Necessa Poles, Pole Lines, Masts, Wires, Cables, and Fixtures and Appurtenances, f o the Furnishing of Electric Energy to the Village and Its Inhabitants, and Others, and Transmitting Electric Energy Into and Through the Village, and to Use the Streets, Alleys, and Public Grounds of said Village for Such Purposes. Na. 4.04 - An Ordinance to Regulate the Installation of Gas Piping for Illu- minating or Fuel Gas and. the Construe- ., lion, Maintenance, Installation and Use of Gasoline Vapor Gas Lighting Ma- chines Piping, Lamps and Systems. No. ~05 -Uniform Suburban Franchise for Minneapolis Gas Company _ Granting to the Minneapolis Gas Company, a Cor_ poration Organized Under the Laws of the State of Delaware, Its Successors and Assigns, Permission to Use t h e Streets and Public Places in the Vil- lage of Richfield for the Construction, Maintenance, and Operation of a System of Mains, Pipelines and Other Facilities for the Manufacture, Distribution and Sale of Gas, Subject to Certain Terms and Conditions, and Prescribing t h e Rates to be Charged Therefor, a n d Repealing all Ordinances, or Parts of Ordinances, Inconsistent Herewith. No. 5.01 -Village Elections, No. 5.02 - An Ordinance Fixing the Date of Regular Village Elections. No. 6.01 - An Ordinance to Promote and Conserve Public Safety, Health, Peace, Convenience and Welfare by Reg- ulating the Operation of Vehicles and the Use of the Streets of the Village, Pre- scribing Panalties for the Violation Thereof, as amended.' No. 6.02 - An Ordinance Providing for Maximum Speeds in Alleys in the Vil- lage of Richfield and. Providing Penal- ties far Violations Thereof. No. 6.03 - An Ordinance Relating to Motor Vehicles, Including Motorcycles and Motor Bicycles; Regulating, t h e Renting, Leasing or Furnishing of Motor Bicycles for Pay or Hire; Limiting the Use and Operation of Motor Bicycles; and Providing Penalties for Violations, as amended. No. 7.02 - An Ordinance Relating to the Fire Department, Fire Prevention and Related Matters, and Repealing Or- dinance No. 7.01. No. 7.03 - An Ordinance Adopting a Fire Prevention Code Prescribing Regulations Governing Conditions Hazar_ dous to Life and Property from Fire or Explosion, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor and Defining their Powers and Duties, as amended. No. 8.01 _ An Ordinance Providing for Civilian Defense and. for Protection and Promotion of Public Safety, Health and Welfare in the Village of Richfield, Hen- nepin County, Minnesota, During War Emergencies. No. 8.02 - An Ordinance to Provide for Civil Defense and For the Protection and Promotion of Public Safety, Health and Welfare in the Village of Richfield During Civil Defense Emergencies and Emergencies Caused by Natural Catas- trophes. No. 9.01 - An Ordinance Relating to Nuisances. No. -9.02 _ An Ordinance Providing Penalties for Causing or Permitting Gar- bage, Glass Bottles, Glass, Nails, Tacks, Wire, Cans or Other Rubbish to be Thrown or Scattered About, or Failure to Remove the Same, in the Village of Richfield, Hennepin County, Minnesota. No. 9.03 _ An Ordinance Relating to the Maintenance of Fur Farms in the Village of Richfield. No. 9.04 _ An Ordinance Relating to . the Keeping of Fowl. No. 9.05 - An Ordinance Declaring Cesspools, .Septic Tanks, Privy V a u l t s and Similar Facilities for the Disposal of Sanitary. Sewage to be Public Nui- sances, Requiring Their Abatement Be- fore January 1, 1961, Prohibiting Their Use On and After That Date, and Pro- viding Penalties for Violations. No. 9.06 - An Ordinance Prohibiting the Throwing or Depositing of Litter in Public Places in the Village of Richfield; Regulating the Distribution of Commer- cial and Non.Commercial Handbills; Con- trolling the Depositing of Litter on Pri- vate Premises; Providing a Lien for Vil- lage Clearance; and Prescribing Penal- ties for the Violation of Its Provisions. No. 9.07 - An Ordinance Relating to Restaurants, Food Establishments and o Food Vending Machines, as amended. s No. 9.08 _ An Ordinance Regulating d Gasoline and Oil Service Stations. No. 9.08 - An Ordinance Regulating. the s Sale and Possession of Codeine,. • No. 9.09 _ An Ordinance Regulating the Possession and Purchase or Delivery - of Barbiturates and Other Prohibited - Drugs. No. 9.10 - An Ordinance Prohibiting the, Inhaling, Breathing or Drinking of Cer- tain Substances Commonly Known as Glue and Regulating the Purchase, Sale rY and Possession Thereof. No. 10.01 - An Ordinance Regulating r the Use of Oiled Streets. No. 10.02 - An Ordinance Concerning Streets, Sidewalks, Roads and Alleys, and to Prevent Injurious, Dangerous and Unlawful Practices on the Same. No. 10.03 - An Ordinance to Prevent and Punish the Filling Up, Obstructingg, Interfering or Meddling With Any Cul- vert, Gutter, Ditch, Drain or Sewer in the Village of Richfield, Hennepin Coun- ty, Minnesota, No. 10.04 _ An Ordinance Creating Storm Sewer Dist. No. 1 .for he:.Village,_ of Richfield, Hennepin County, Minne. rota. No. 10.05 - An Ordinance Creating Storm Sewer District No. 2 for the Vil- gage of Richfield, Minnesota. No. 10.06 - An Ordinance Creating Storm Sewer District No. 3 for the Vil- lage of Richfield, Hennepin County, Min- nesota. No. 10.07 - An Ordinance Creating a Permanent Improvement R e v o l v i n g Fund of the Village of Richfield. No. 10.08 - An Ordinance Providing for Seasonal Load Prohibitions or Restric- tions in the Village of Richfield, and Providing Penalties for Violation Thereof. No. 11.01 - An Ordinance Prohibiting the Negligent and Careless Starting of Fires and Providing a Punishment There- fore. No. 11.02 - An Ordinance Relative to Fireworks and tq Prevent the Unlawful Discharge of Fire Arms. No. 11.03 - To Prevent the Sales or Keeping for Sale or Use of any Fire- works, Chinese Crackers, Rockets, Tor- pedoes, or Other Explosive ,Contrivances, in the Village of Richfield, To Provide for the Seizure and Destruction of the Same, and To Punish Violations of the Ordinance. No. 11.04 _ Disorderly Conduct: An Or_ dinance Relative to Misdemeanors, Breaches of the Peace and Disorderly Conduct. No. 11.05 - An Ordinance Prohibiting the Burning of Rubbish and Combustible and Flammable. Materials Under, Pro- viding aPenalty for Violation Thereof, as amended. No. 11.05C - An Ordinance Regulating the Presence of Mihors Under the Age of 17 Years on the Streets or in, Public Places Between the Hours of 10 p.m. and 5 a.m., Defining the Duties of Par- ents and Others in the Care of Minors, and Providing for Penalties for Violation Thereof, as amended. 11.06 - An Ordinance Defining Nuisances, Prohibiting Their Creation or Mainte- nance and Providing a Penalty for Vio_ gallon Thereof. 11.07 _ An Ordinance Defining Various Misdemeanors in the Village of Richfield and Providing Penalties for the Violation Thereof, as amended. 11.08 - An Ordinance Regulating the Take-Off and Landing of Aircraft, as amended. 11.09 - An Ordinance Relating to the Sale or Delivery of Intoxicating Liquor at Off-Sale in the Village of- Richfield. 11.10 _ An Ordinance Relating to Busi- ness Activities on Sundays, Prohibiting Certain of Such Activities, and Providing Penalties for Violations, as amended. 12.01 _ An Ordinance Amending That Certain Ordinance No. 12.01 of the Vil~ gage of Richfield, Entitled "An Ordinance to Establish APosition -Classification Plan, A Compensation Plan, A Merit System and A Basic Personnel Policy for the Village of Richfield, Minnesota" 'As Passed February 26, 1951, As Subse- quently Amended, as amended. 12.01 B - An Ordinance Providing for a Department of Health, a Health Officer, and Providing Powers and Duties Thereof. 12.02 - An Ordinance Providing for a Department of Streets and Parks and Providing Powers and Duties Therefor. 12.03 - An Ordinance Proving for An Office of Engineer and Providing Pow- ers and Duties Therefor. 12.04 - An Ordinance Abolishing the Office of Constable in the Village of Rich- field. 13.01 - An Ordinance Relating to Li- cense Fees, Permit Fees and Other Vil- lage Charges, Amending Certain Fees and Establishing Additional Fees a n d Charges, as amended.. 13.02 - An Ordinance Relating to the Disposition of Unclaimed Property in the Possession of the City. 14.01 - An Ordinance Adopting a Bud- get for the Year 1952, and Levying Taxes. , 14.03 _ An Ordinance Adopting a Budget for the Year 1954, and Levying Taxes. 15.01 _ An Ordinance Creating a n d Defining Administrative Departments and Divisions in the Village of Richfield. 15.02 - An Ordinance Relating to Sal- aries of the Mayor and Council Mem- bers. 15.02 - An Ordinance Creating a Pub- lic Works Reserve Fund. 15.02 - An Ordinance Establishing a Municipal State Aid Street Fund. An Ordinance Regulating Eating and Drinking Establishments, Requiring Per- mits for the Operation of such Establish- ments: Prohibiting the Sale of Adulterat- ed, unwholesome or Misbranded Food or Drink, Regulating the Inspection, Grading, Regrading, and Placarding of such Establishments; .Providing for the Enforcement of this Ordinance, `ior Fixing of Penalties. An Ordinance Appropriating Fuied the Year 1953. ~ ~ ,.YO d ante of 'e-Village~~ R ~,~~yv.._ ~°; titled "An Ordinance Establishir.=~ttut" Governing Conduct and Procedure of the Village Council of Richfield, Minne- sota" Passed the 29th Day of September, 1952, as Subsequently Amended. An Ordinance Establishing Rules Gov- erning Conduct and Procedure of the Vil- lage Council of Richfield, Minnesota. An Ordinance Regulating the Use of Public and Private Sewers and Drains, Private Sewage Disposal, the Installation . and Connection of Building Sewers, alpd ;~ the Discharge of Waters and Wastes irrty the Public Sewer System; and Providin ~ Penalties for Violations Thereof• in tlfte Village of Richfield, County of Hennepin, ~ State of Minnesota. APPENDIX C. The zoning classifications of the City of Richfield are found in Chapter III, Part IV, Sec. 3.28, Subd. 2. The bound- aries of these districts as set forth by legal description are as follows: Section 1. Irvdusfrial District (1). (1) That area lying between the center lines of Penn and -Queen Avenues and between the center lines of 65th and 62nd Streets. (2) That area lying within the follow- ing described boundaries: Beginning at a point on the center line of Penn Ave- nue and the south line of Block 12, Ray's Lynnhurst Addition extended west: thence east along the south line of said Block 12 to the center line of Oliver Avenue; thence south to the center line of 64th Street; thence west to a point midway between the center lines of Oliv_ er and Penn Avenues; thence south to a point distant 175 feet north of the cen- ter line of 66th Street; thence east to the center line of Oliver Avenue; thence south to the center line of 66th Street; thence west along the center line of 66th Street to the center line of Penn Avenue; thence north along the center line of Penn Avenue to the point of be- ginning and there terminating. (3) That area lying between the cente lines of Penn and Oliver Avenues and b - tween the center lines of 63rd and 62n ' Streets, except the east 150 feet an .the south 100 feet thereof. (4) The east 120 feet of the south 139.2 feet of the north 2,19.2 feet of the west quarter (W i/a) of the Southwest quarter (SW 1/4) of the Northwest quar- ter (NWl/4) of Section 28, Township 28, Range 24 and that part of the north 80 feet of the west quarter (W ~/a) of the southwest quarter (SW 1/a) of the north- west quarter (NW i/a) of said Section 28 lying east of the west 166 feet thereof. (5) Tract A, Registered Land Survey No. 1037. (6) The east 120 feet of the south 139.2 'feet of the north 219.2 feet of the west quarter (W 1/4) of the Southwest quarter (SW 1/a) of the northwest quarter N.W. 1/a) of Section 28, Township 28, Range 24 and that part of the north 80 feet of the west quarter (W 1/a) of the south- west quarter (SW 1/a) of the northwest quarter (NW 1/a) of said Section 28 lying east of the west 166. feet thereof. (7) That area lying between the cen- ter line of the Minneapolis, Northfield and Southern Railway right-of-way and Pillsbury Avenue and between the cen- ter lines of .77th and 76th Streets. (8) That area lying between the cen- ter lines of 78th and 77th Streets and between the center line of Clinton Ave- nge and the east li•:c of Ranft's Addi- tion. (9) That area Lying eastt°ly of th center -line. of cedar Avenue, northerly of the center line of 78th Street south easterly and easterly of the diagonal street and southerly of a line .distant 175 feet so•.~therly and parallel with the center ling: of 66th Street. (10) That area lying easterly of the easterly line of Lots 8 through 14 inclu- sive, Block 3, Lots 7 through 14 in- OFFICIAL PUBLICATION CITY OF 121CHFIELCI -THE RICHFIEED SUN-PAGE 53 a Bud- Levying Budget Taxes. and t.me n is ichfield. to Sal- l Mem- a Pub- ~hing a ng and ng Per- tablish- ulterat_ i Food section, ding of fo~_the re of [inne- nher. Gov- A Vil- ~ta. se of ~ains, anon annd intb i f '.din ~' tF~e < ~ 'pin, -',~ City III, und- ~ by Ater and and ow- at ve- y's s t: aid per ne int iv- to n- to elusive, Block 2, of Iverson's 3rd Addi lion; ands"the center line of Cedar Ave nue and: between the center lines of 65t ' and 63riI Streets. (11) fiat area lying between the cen ter lines of Cedar Avenue and the alle in Block 8 and 15, New Ford Town Addi lion and center lines of 65th and 63r Streets. (12) That area lying easterly of Ceda Avenue northerly of 63rd Street, south erly of the northerly limits bf the Villag of Richfield and northwesterly and north erly of the center line of the west ac cess road to the Minneapolis-St. Pau International Airport, (Wold Chamberla' Field). Section 2. Neighborhood Business Dis met (C-1) ~) That area lying between the cente Penn Avenue and a line distant 'a~Y =~_ easterly and parallel thereto and between the center line of 73rd Street 1and a line distant 195 feet southerly and 1oz~tlel thereto. of Lots 10 Parke First: (3) ~"'~nd 25, Block 4, Lyndale SBlores on ""`a Lake Addition. (4) That part v: the south one-half of Section 28, Township ~, Range 24 lying north of 66th Street, bet.,,,een Graham Avenue extended and a line running par- allel with the easterly line of said Sec. lion, distant 410 feet westerly of said easterly line. C;.(5) Lot 15, Glenn's Addition. (6) Lots 3 and 4, Block 8, Towns Edge saa:u,._ (7) Lots 20 and 21, Block 2, Sheldon B,teir's Wooddale 4th Addition. and8)11,hBlock 9, iFa9rwood Park First .Addition. (9)' The south 5 acres of the north 10 acres of the northwest quarter of the southwest quarter of Section 34, Town- ship aL8, Range 24 and the north 4 feet of that part of said northwest quarter lying immediately south of said 5 acre tract, except that part of said tracts which are designated as General Com- mercial Areas. Street extended andy66th Street,ebetween the north-south center line of Rae Drive extended to intersect 65th Street and 66th Street and a line running parallel with the easterly line of Section 28, Township 28, Range 24 distant 410 feet westerly of said easterly line. (11) That area lying between the cen- ter lines of Nicollet Avenue and Block 4, A. G. Bogen Company's Nicollet Ave- nue Addition and between the center line of 77th Street and the north line of Lot 10, Block 4, of said addition. (12) That area lying between the cen- ter line of Nicollet Avenue and a line distant 93.5 feet west' of the center line of First Avenue and parallel thereto and between the center line of 70th Street and a line distant 185 feet southerly and parallel thereto. (13) That area lying between the cen- ter line of Nicollet Avenue and aline istant 175 feet westerly and parallel hereto and between the center line of 70th Street and a line distant 175 feet northerly and parallel thereto. "(14) That area lying between the cen- ter line of Nicollet Avenue and the west line ~of Meredith Addition and between the center line of 70th Street and a line distant 175 feet northerly and paral- lel thereto. line SofTBlockTe 1, lyWallace'see Sunnyside Acres, 6th Addition and the center line of Chicago Avenue and between the cen- ter lines of 72nd and 71st Streets. (16) Lots 20 and 21 Block 2, Sheldon Blair's .Wooddale 4th Addition. (17) That area lying between the cen- ter line of Chicago Avenue and the cen- ter line of Block 12, Fallden's 3rd Addi- tion and center line of Block 4, Zubert's Elliot Avenue Addition, said center line being extended northerly to 71st Street and between 72nd and 71st Streets. tr ctc(~ ~)3. General Commercial Dis- (1) That area lying between the cen- ter line of Xerxes and Vincent Avenues and between the center line of east-west alleys in Blocks 7 and 8, Tingdale Broth- ers Lincoln Hills Addition and the center line of 66th Street. -- (2) That area lying between the cen- ter lines of Xerxes and Vincent Avenues ..and between the center lines of 66th and •65ch Streets. (3) Lot 11 of Richfield Gardens, ex- cept the North 330 feet thereof. 11(4and 12 of Block 1, and ~ Lots 1,92,13, Tingdale ~ Bros. iLincoln Hi is f ands Lots 1 and 2, Block 1, Tingdale Bros. Lin- coln Hills Third Addition. - (5.) T1 ~ property lying within the fol- lowing described boundary line: Begin- h ning at a point on the west line of Oliver Avenue 138.2 feet south of the south line of 75th Street; thence west parallel with y 75th Street 134 feet; thence south paral- lel with Oliver Avenue 60 feet; thence d east parallel with the south line of 75th Street 134 feet; thence North to the r point of beginning. (6) That area lying between the Gen- e ter line of Queen .Avenue and the north- south center line of the alley in Block i, Tingdale Bros. Lincoln. Hills Addition, 1 and between the east-west center line m of alley in said Block 1 and the center line of 66th Street. (7) That area lying between the cen- ter lines of Queen and Penn Avenues and the center lines of 66th and 65th r Streets. (8) Lots 19, 20, and 21, Block 1, Ting- dale Bros. Lincoln Hills Addition. (9) That area lying between the cen- ter lines of 77th and 78th Street and between the center lines of Garfield Ave- nue and Interstate Highway 35W. +(l0) That area lying between the cen- ter iines~ of" 77th ' and 78th Street and between the center lines of Knox and Penn Avenue. (il) That area lying between the West line of Penn Avenue and a line 200' west of and parallel to the west line of Penn Avenue within 200' of the north right of way line of Ynterstate Highway 494. (12) That area lying between the cen- ter line of Cedar Avenue and a line distant 167 feet easterly of and parallel to Cedar Avenue between the center lines of the Diagonal Street. and 69th Street. (13) That area lying between the cen- ter lines of Penn Avenue and alley in Block 12, Ray's Lynnhurst Addition and between the south line of said Block 12 and the center line of 63rd Street. ter l~nes of Penn and Olbver Avenues and between the center line of 66th Street and the south line of Lots 1 and 10, Block 6, Fairwood Park Addition. terllin shof Pennl Ave ue and Blocke6, Fairwood Park Addition and between the south line of Lots i and 10 and the south line of Lot 11, Block 7 of Fairwood Park Addition. east quarter oftthe so thwest quartertof Section 33, Township 28, Range 24, ex- cept the east 265 feet of the south five acres of the east one-half of the north, east quarter of the southwest quarter of said section, township, and range and al- so excepting roads. ter line of Lyndale Avenue at a line dis- tant 175 feet westerly and parallel there- to and between the center lines of 63rd and 62nd Streets. lowing described boulndarieshl B ginning at the intersection of 63rd Street and the center line of alley of Block 1, Ray's Lynnhursf, 2nd Addition; thence running southerly along the center line of said alley extended to the easterly shore of Grass Lake; thence southeasterly along the shores of Grass Lake to .the east section line of Section. 28, Township 28, Range 24; thence southerly along ,said section line to the center line of 65th Street; thence southeasterly along 'the center line of 65th Street to the inter- section with Lyndale Avenue; thence northwesterly and northerly along t h e center line of Lyndale Avenue to the in_ tersection of 63rd Street; thence westerly along the center line of 63rd Street to the point of beginning and there termi- nating, except Tract "C" of Regis- tered Land Survey No. 675 and except the West 55 feet of Tract "B", Regis- tered Land Survey No. 675, and except all of Tract "B" Registered Land Survey No. 1131. (19) That area lying easterly of a line distant 256.6 feet easterly .and parallel to the west line of Section 27, Township 28, Range 24, southeasterly of 65th Street, northerly of 66th Street and west- erly of Lyndale Avenue. Street expended and north of 66th Street between Graham Avenue extended and a line running parallel with the easterly line of Section 28, Township 28, Range 24, distant 256.6 feet easterly thereof. extended nand north of the so thhlinteeof the north one-half of Section 28, Town- ship 28, Range 24, between Graham Ave- nue extended and a line running parallel with the easterly line of said section, distant 410 feet westerly of said easter- ly line. (22) That area lying between the cen- ter line of Cedar Avenue and a line dis- tant 173 feet westerly and parallel there- to and between the center line of 70th Street and a line distant 177 feet north- erly and parallel to the center line of 77th Street, except the north 545.17 feet of Outlot 1, Evergreen Gardens 2nd Ad- dition, and except the South 150' of that part of the Ei/a of the Ni/a of the NE~/a oS?• the SE1/a of Section 35, Township 28, Range 24, lying East. of the West 153.13' thereof. (23) The . North 75 ft. of the South 434.12 ft. of the West 280.3 ft. of Govern- ment Lot 6, Section 26, Township 28, Range 24. (24) The North 75 feet of the South 986 feet of the East 166.3 feet of the Southeast Quarter of the Southeast Quar- ter of Section 29, Township 28, Range 24, except Penn Avenue. • (25) That area lying between the cen- ter lines of Sheridan and .Penn Avenues and between the center lines of 76th and 77th Streets, except the North 258 feet of the West 170 feet thereof. (26) That area lying southerly of 66th • Street, northwesterly of Lyndale Avenue and northeasterly of Graham Avenue. (27) That area lying between the cen- ter lines of Lake Shore Drive and Gra- ham Avenue and between the center line of Lyndale Avenue and the northwesterly lines of Lots ,2 and 22, Block 3, Fair- - wood Shores Addition, (28) That area lying between the cen_ ter lines of Lyndale Avenue and Block 10, Irwin Shores Addition and between the center line of 74th and 75th Streets. (29) That area lying between the cen- ter lines of Lyndale Avenue and the al- ley of Block 25, Irwin Shores Addition and alley in Glenn's Addition and be- tween the center lines of 75th and 77th Streets. (30) Lot 1, Block 2, and Lot 7, Block 1, J. N. Hawser's Addition. (31) All of Lots 3, 4, 5, 12, 13, 14, 15; 16, 17, 18, 19, and 20, Block 6, Lyn- dale Oaks Addition; Lot 2, Block 2, J. N. Hawser's 2nd Addition; Lots 8, 9, and 10, Block 4, J. N. Hawser's 2nd Addi- tion; and Lot 8, Block 3, J. N. Hawser's 3rd Addition.- (32) That area lying between the cen- ter line of 77th and 78th Streets, and between the center line of Thomas and Garfield Avenues, except Tract A, Reg- istered Land Survey No. 1037. (33) That area lying between the cen- ter lines of 2nd and Clinton Avenues and between the center lines of 78th and 77th Streets. (34) That area lying within the follow- ing described boundaries: Beginning at the intersection of the center lines of 67th Street and Lyndale Avenues; thence north along center line of Lyndale Ave- nue to its intersection with the center line of 66th Street; thence east along center line of 66th Street to its intersec- tion with the center line of Harriet Avenue; thence south along center line of Harriet Avenue to its intersection with the north line of Lot 3, Block 3, Lyndale Shores on Wood Lake Addition extended; thence west along north line of said. Lot 3 to the northwest corner of said lot; thence southwesterly along the south- westerly line of Lots 3, 4, and 5 to the center line of 67th Street; thence west along the center line of 67th Street to the point of beginning and there terminating. (35) That area lying between the cen- ter lines of the Minneapolis _ Northfield and Southern Railway right-of-way and Nicollet Avenue and between the center line of 66th Street and a .line distant 200 feet southerly thereof and parallel .thereto. (36) That area lying within the fol- lowing described boundaries: Beginning at the intersection of the center lines of 77th Street and Logan Avenue, thence north 165 feet, thence east to midway between the center lines of Logan and Knox Avenues, thence north to the cen- ter line of 76th Street; thence east to the center line of Knox Avenue, thence south 538.21 feet, thence east to the west. right-of-way line of Highway 35W, thence southwesterly a1on~ such w e s t right-of-way line to the center line of 77th Street, thence west along the center line of 77th Street to the point of be- ginning, (37) The area bound by the following line: Beginning at a point. 488 ft. South of the Northwest corner of the South- west quarter of Section 34, Township 28, Range 24; thence East 108.15 feet; thence South 40 ft; thence West 108.15 ft.; thence North to the point of begin- ning. (38) That area lying between the cen-' ter lines of Lyndale Avenue and Block 7 and 8 in Sunset Terrace Addition ex- . tended and between the center lines of 74th and 77th Streets, except that part. thereof lying between the north line of Sunset Terrace Addition and a line par- allel with and 334' south of the north line of the Si/z of S'ecEiod' 34, Township 28, Range 24. (39) Lots 5, 6, and 7, Block 8, Towns Edge Addition. ter line of 5th andlPor~land Avenues. and between the center line of 66th Street and the south lines of Lots 3 and 22, Block 1, McCutchan's Portland. Avenue Park Addition. (41) That area lying between the cen- ter line of the Minneapolis Northfield and Southern Railway right-of-way and a line distant 178.84 feet westerly and parallel thereto and between the center lines of 65th and 66th, Streets. (42) That area• lying between the cen- ter lines of the Minneapolis Northfield and Southern Railway right-of-way and Nicollet Avenue and between the center line of 66th Street and the south line of the Nicollet Homes 2nd Addition. (43) That area lying between the cen- ter lines of Nicollet Avenue and Block 8, Nicollet Homes 2nd Addition and be- tween the south line of said Block 8 and the north line of Lot 2, said Block 8. (44) That area lying between the cen- ter lines of Nicollet and 1st Avenues and the center lines of 66th and 65th Streets. (45) All of Lots 10, it and 12 of Goodspeed's First Plat. (46) That area lying-between the cen- ter lines of 5th and Portland Avenues and between the center line of 66th Street and the south line of Block 1, Bauman- Wheelock Addition. (47) That area lying between a line distant 165 feet easterly of the center line of 16th Avenue and parallel there- to and center line of Cedar Avenue and between the center lines of 63rd and 62nd Streets. (48) That area lying between the c - ~~ ter line of Portland Avenue and a line distant 310.6 feet easterly and parallel thereto and between the center line of 66th Street and a line distant 359.12 feet northerly and parallel thereto. ter4line oftCedarlAvenue and the west line of Lots 2, 3, 4, 5, and 6 extended southerly through Block 1, Iverson's 3rd Addition and between the center lines of 66th and 65th Streets. ter50li esat of a Portland etand n Oakland Avenues. and between the center line of 66th Street and a line distant 255.2 feet southerly and parallel thereto. ter line of Lyndale AVe wee extended and a line distant 175' easterly and parallel thereto and between the .center lines of 64th and 62nd Streets, except that- part thereof lying between the north line of Block 5, Lyndale Oaks, and the south line of 63rd Street. (52) That area between the west line of 11th Avenue and the east line of Cedar Avenue, between the center line of 66th Street and a line 250 feet north- erly from and parallel to the center line of 66th Street, (53) That area lying between the west line of llth Avenue and the center line of Cedar Avenue and between the cen- ter line of 66th Street and a line 250 feet south of and parallel •thereto. (54) That area between -the center lines of Cedar Avenue and Block 1, Wex_ ler's Addition and between the center J line of 67th Street and a line distant 250 l feet southerly and parallel to the center line of 66th Street. 5583 )feet of ~Lo't 1O,aBlock l,t Wexter~s Addition. ter5lineshof 78th andg77th Streetse and between the east line of Ranft's Addition and the center line of Cedar Avenue. (57) That area lying between the cen- ter lines of Bloomington and Cedar Ave- nues and between the center line of 77th Street and a line distant 177 feet north- erly and parallel thereto. ler5s )Addition~a d Lots b throughe8, Block 1, Cedar Sunrise 3rd Addition. (59) Lots 10, 11, 12, 13, and 14, Block 3, Fairwood Shores, together with that area lying adjacent to and northerly oii said lots it and 12 and south of the south line of 66th Street, being the area heretofore vacated as a public street. 1uie of 18th Avenue extendedeand Cedar Avenue and between the- north line of 77th Street and a line distant 300 feet north of and parallel to the north line of 77th Street. terslineshof Cedaryand 9th Ave uescbe- tween the center lines of 68th and 66t`. Streets. (62) That area lying between the cen- ter lines of 19th and 24th Avenues and between the center line of 66th Street and a line distant 175 feet southerly and parallel thereto, except the public school property of Easf School. ter6lineshof CedaryAvenue and talleyein '' Block 1, New Ford Town Addition and between the center lines of 66th and 65th Streets. (64) That part of the Ni/z of the West 5 acres of the SEi/a of the SW3/a of Section 33, Township 28, Range 24, - PAGE 54-THE RICHFIELD SUN-OFFICIAL PUBLICATION CITY OF RICHFIELD lying north of the South 165' thereof and lying south of the north 349' thereof. through 14S Blo k 2;land Lot lU through 14, Block 3, all in New Ford Town Addi- tion. (66) Lots 1, 2, 3, 4, and 15, Block 3, Terrace Gardens. ter6lineshof CedaryAvenuewand Blocke4, Rich Acres Addition and between the center lines of 68th and 69th Streets. Section 4, Multiple Residence (MR). (1) The east one-half of Block 2, Lien + Richfield Second Addition. ~ (2) That area lying between the cente lines of Thomas and Sheridan Avenue Jnd between the center line of 77t 'Street. and the north lines of Lots 7 an 10, Jacobsen and Quist 2nd Addition. { (3) That area lying between Lyndal Avenue and Lincoln Field and betwee 1_ the north line of Sunset Terrace Additio and a line running parallel with and 334 south of the north line of the Sl/z of Sec tion 34, Township 28, Range 24. (4) That area lying between the cen ter lines of Oliver and Newton Avenue ' and between 77th Street and the nort. line of Lots 7 and 10, McHardy's Addition (5) That area lying between the eas line of Leslie Terrace Addition and th <~.,ier une of Queen Avenue extende and between the center lines of 62nd and 1 64th Streets. (6) That area lying between the cen- ter lines of Russell and Queen Avenues ~ and the center lines of 65th and 66th ~ Streets. (7) South 61 feet of the North 186.31 i feet of the East ~/a of the SW1/a except Street, Section 33, Township 28, Range 24. i (8) Lots 10, it .and 12, Block 4, Wood- ' dale Addition. I (9) The South 1/z of the West 1/z of { Lot 10, Goodspeed's Second Plat. ( (10) That area lying between Zubert's ~ Elliot Avenue Addition_ and 71st Street, G and between Elliot Avenue and Chicago Avenue.. (11) Lots 13, 14, 15, 16, 17 and 18, Block 1, Tingdale Bros. Lincoln Hill s Addition, and Lot 6, 7, 8, 9, 10, 11, 12, 13, and 14, Block 2, Tingdale Bros. Lin- coln Hills Addition. i (12) Lot 6, Block 5, Lyndale Oaks Ad- ~ dition. (13) That area lying between the cen- ; terline of Penn and Oliver Avenues and ~ between 74th and 76th Streets except that I part thereof lying within the following ~ described boundary line: Beginning at nueg138.2 feetesouth of thefsoultheline of 75th Street; thence west parallel with 75th Street 134 feet; thence south pai•al- ~ lel with Oliver Ave. 60 feet; thence east parallel with the south line of 75th Street { 134 feet; thence .north to the point of be- ginning. i (14) That area lying between Penn and Queen Avenues. and between the south. line of 74th Street and a line run- ` ~ ning parallel with the south line of 74th Street, distant 252 feet south thereof. (15) Lots 14, 15, and 16, Block 10, Ting- dale Bros. Lincoln Hills 3rd Addition. { (16) Lot 1, Block 2, J. N. Hauser's Second Addition. _ (1?) Lots 9, 10 and il, Block 1 and ~ Lot 8, Block 2, of Joe Maurer's First Addition.' (18) The south one-half of the area be- i tween 72nd and 73rd Streets and between Portland Avenue and the centerline of j the alley in Block 2, Blair's Wooddale 3rd Addition extended. (19) The South one-half art Lot 9, and all of Lots 10, 11 and 12, Block 16, Ting- ' dale Bros. Lincoln Hills 3rd Addition. ~ (20) The east 150' of the south 100' of that area lying between the center lines of Penn and Oliver Avenues- and be- j tween the center lines of 63rd and 62nd Streets, (21) Lots 5, 6, 7 and 8, Block 4, Henry Thernell Addition. (22) The east 375 feet. of the south I quarter (Sl/a) of the East Quarter (Ei/a) of the southeast quarter (SEi/a) of the southwest quarter (SWI/a) of Section 27, Township 28, Range 24, except the south 175 feet thereof. (23) Tract "C" Registered Land Sur- vey No. 215. (24) Lots 7 and 8, Block 16, New Ford i Town. (25) Lots 4 and 5, Block 5, Lyndale Oaks Addition. (26) Lot 23; and the North 25 feet of Lot 22, Block 7, Tingdale Bros. Lincoln Hills Addition (27) Lot 1, Block 3, Engberg Walden Second Addition except that part thereof lying within 173 feet of the center line of Cedar Avenue. line~of Harry Tickneg's Subdivishone of Lot 2, Richfield Gardens and the center line of Queen Avenue and between the center line of 64th Street and the center line of 65th Street. (29) That area lying between the cen- ter lines of Russell and Queen Avenues and between the center line of 66th Street, and the center line of the east- west alley through Block 2,' Tingdale Bros. Lincoln Hills Addition, except Lot 1 and the East 33 feet of Lot 2 in said block. of(Lyndale Avenue and the cwest line ,s 20 Block 6, New Ford Town. 11 of said Lot 10, Block 7, Fairwood Park s block lying between 65th and 66th h Streets, between Girard Avenue a n d t (36) That area lying between the cen- e ter line of the block between Fremont d and Emerson Avenues and the west line of Adolfson and Peterson's First Addi- tion, and .between the 63rd Street and the North line of Lyndale Oaks. (31) Lots 8, 9, 15, 16, 17, 18, 19 and of (Lot T67e Sabin BLaket HarrietSGarden r Lots Addition. h (33) That area lying between the cen- d ter line of Penn Avenue and the east line of Lots 7 through 10 inclusive, Block e 7, Fairwood Park Addition and the cen- n ter line of 68th Street and the north line Additioq~ _ (34) Lbt Eight (S), Block Twelve (12), Fairwood Park 1st Addition. _ (35) The Southerly 180.2 feet of the Trunk Highway No. 65. of Northfelt's Addition and between the center lines of 77th Street and a line dis- tant 160 feet northerly and parallel there- to. (37) That area lying between Pen n Avenue and Thomas Avenue and between 77th Street and Interstate Highway 494, except. that area lying between the west line of Penn Avenue and a line 200' west of and parallel to the west line of Penn Avenue within 200' of the north right- of-way line of Interstate Highway 494. (38) That -area lying between the cen- ter lines of Sheridan and Penn Avenue and between the center lines of 76th and 77th Street except the north 258' of the west 170' thereof, (39) The South 150' of that part of the El/a of the N~/a of the NE~/a of the SE'/a of Section 35, Township 28, Range 24, lying East of the West 153.13' thereof. (40) The East 133.5 feet of the block lying between Penn and Oliver Avenues between 65th and 66th Streets, except the South 142 feet thereof. (41) Lot 5, Block 1, Cedar Sunrise 3rd Addition. (42) Lot 3 and the south 35 feet of Lot 2, B1ociC 4, Rae's Lynnhurst Second Ad- dition, (43) Lots 10 and 11, Block 8, Fairwood Park First Addition. (44) The South 40 feet of Lot 23 and the North 40 feet of Lot 22, Block 4, Irwindale. (45) That area lying between the west line of Northfelt's Addition and the cen- ter line of Dupont Avenue and be- tween the center Lille of 77th Street and the north line of Lot 7 of said addition. (46) That area lying between the cen- ter line of Dupont Avenue and the west line of Love Addition and between the center line of 77th Street and a line dis- tant 172 feet. northerly and parallel there- to: (47) That area lying between the west line of the Love Addition and the cen- ter line of the alley in Glenn's Addition and between the center line of 77th Street and the north line of Lot 7, Love Addi- tion, Lot 6, Elmquist's Addition, Lot 7, Lundberg and Carlson Addition, Lot 9, Flenn's Addition. (48) All that area located north of Rae Drive, bounded on the west by Wood Lake School property, on the north by the proposed 65th Street right-of-way and on the east by the proposed Rae Drive extended north to 65th Street. (49) The South 40 feet of Lot 23 and the North 40 feet of Lot 22, Block 4, Irwindale. (50) Lot 1, Block 1, J, N. Hawser's 2nd Addition. • (51) That area lying between the cen- ter line of Block 7, Sunset Terrace Addi- tion and the Minneapolis, Northfield and Southern Railway right-of-way and be- tween the center line of 77th Street and the north line of Lot 7, Block 7, Lot 7 t and 10, Block 6 Lots 7 and 10, Block 3, and Lot 7, Block 2 of said .addition. (52) Lots 4, 5 and 6, Block 5, Lyndale Oaks Addition. (53) Lot 6, Block 2, Lyndale Oaks Ad- o dition. (54) That area lying between the cen- ter lines of Pillsbury and Blaisdell Ave- t nues and between the center line of 77th n Street and the north line of );,ots 7 and S 10, Block 3 and Lots 7 and 10, Block 1 2, R. C. Soen's Addition. L (55) That area lying between the cen- L ter lines of Blaisdell and Nicollet Ave- B nues and between the center line of 77th Street and the north line of Lots 6 and 1 9, Block 1, R, C. Soen's Addition. 3. 1655 feet of the t North 208 feet eofBthe East, 1/z of the Northeast Va of the South- west 1/a of Section 28, Township 28, Range 24. (57) The West 55 feet of Tract "B" Registered Land Survey No. 675 and all of Tract "B" Registered Land Survey No. 1131. (58) Tract "C" of Registered Land Survey No. 675. (59) The north 538.21 feet of that area lying between the center lines of 76th .and 77th Streets, between the center line of Knox Avenue and the- west right-of- way line of Highway 35W, Plat 4 828, described eas followsel T h e North 208 feet of the East 165 feet of the West 330 feet of the East i/z of the Northeast I/4 of the Southwest ~/4, Section 28, Township 28, Range 24. (61) Lots 15 and 16, Block 4, Wexler's Addition. (62) Tract A and B, Registered Land Survey No. 1003. (63) That area lying between the cen- ter lines oil Block 4, A. G. Bogen Com- pany's Nicollet Avenue Addition. and the east line of A. G, Bogen's 3rd Avenue Addition and between the center line of 77th Street and the north line of Lot 7, Block 4, Lots 7 and 10, Block 3, Lots 7' and 10, Block 2, Lots 5 and 8, Block 1, of A. G. Bogen Comgany's Nicollet Avenue Addition, and the north line of Lot 6, A. G. Bogen Company's 3rd Ave- nue Addition. (64) That area lying between the east line of A. G. Bogen Company's 3rd Ave- nue Addition and the center line of Portland Avenue and between the cen- ter line of 77th Street and a line distant 165 feet northerly and parallel thereto. (65) That area lying between the center lines of the Minneapolis, North- field and Southern Railway right-of-way and Wentworth Avenue and between the center line of 68th Street and a line dis- tant 325 feet northerly and parallel there- to, (66) That area lying between the cen- ter lines of Wentworth and Nicollet Ave- nues and between the center line of 68th Street and the north line of Oak Lane Addition. ;. (67) Lots 6, 7, 8, 9 and 10, Block 5, Nicollet Homes Addition. (68) Lots 4 and 5, Block 4, Rearrange- ment of Nicollet Homes 2nd Addition. (69) Lots 6, 7, 8, 9 and 10, Block 5, Rearrangement of Nicollet -Homes 2nd Addition. ter711nesh of Blaisdellgand Nicollete Ave- nues and between the center line of 64th Street and the south line of Lots 1 and 10, Block 8 Rearrangement of Nicol- let Homes 2nd Addition, ter line of BlaisdelllAvenueWand the east line of Lots 6 through 9 inclusive, Block 8, Rearrangement of Nicollet Home s 2nd Addition and between the south line of said addition and .the north line of Lot 9, Block 8 of said subdivision.. Block 2,hSunseto7'errace,~ lying west f the east 30 feet thereof. (73) Lots 3 and 4, Block 5, New Ford Town Addition. (74) Lot 5, and the .North one-half (N~/z) of Lot 6, Block 6, New Ford Town. (75) Lots i and 2, Block 8, and. Lots 1, 2, 3, 4 and 5, Block 1, Towns Edge Addition. (76) Lots 14, 15 and 16, Block 14, New Ford Town. (77) Lots 10 through 1'4 in each of Blocks 4, 5, 6, 7 and 71/z, New Ford Town Addition, (78) That area lying between the cen- terlines of Porttand and Park Avenues and between the center line of 77th Street and the north line of, Lot 7, 8 and 9, Block 3, and Lots 9, 10 and 11, Block 2, Mattson Heights 3rd Addition, (79) The southerly 75 feet of the north- erly 188.81 feet of the area between the center line of 63rd Street extended and 64th Street, between Portland Avenue and Oakland Avenue extended. (80) That area lying between the cen- er lines of Park and Elliot Avenues and between the center line of 77th Street and aline distant 145 feet north and parallel thereto. (81) The West one-half of the north ne-half of Lot 33, Baumgartner's First Addition. (82) That area lying between the cen- er lines of Elliot and Bloomington Ave: ues and between the centerline of 77th treet and the north line of Lots 7 and 0, Block 3; Lots 7 and 10, Block 2; ots 7 and 10, Block 1; South Murray ane 2nd Addition and Lots 7 and 10, lock 4; Lots 7 and 10, Block 3 of South Murray Lane Addition and Lots 7 and 0, Block 4; and Lots 7 and 10, Block South View Addition. w S8t) The north five acres of the north- of Sectiont 34, oTownshlp t gweRange r24r except the westerly 175 feet thereof. (84) Lots 12, 13 and 14, Block 3, Fair- wood Shores. ter8 lines aof New ong andwL ga a Ave- nues and between the center line of 77th Street and a line distant 165 feet north- erly and parallel thereto. qua~rterTof the southeast quarter ofethe . northeast quarter of the northeast quar- fou thdof sthe s utheast~~uarteraof othe northeast quarter of Sectlon Thirty-five (35), Township Twenty-eight (28), Range Twenty-four (24). (87) That area lying between 74th Street and a line running parallel with 76th Street distant 330 feet south.9f~he .,~+~ center line of 76th Street, and between 18th Avenue and a line running parallel with Cedar Avenue, distant 173 feet~ ~~eR4 of the center line of .sec 'C~,`~-~. tion$) Zot B, Block 2, Petit _ _ - ~~ " ~ (89) Lots 2 and 3, and the Souia 10°: of Lot 1, Block•2, Vick's Terrace Addi1 tion. (90) Lot. 7 and the Si/z of Lot 6, Block 6, New Ford Town Addition. (91) The Wl/a of the S~/z of Lot 12, Richfield Gardens. 1/5wf then Westtha aof the NWT/h ofE he SEI/~, except bhe West 30 feet thereof; °,Z also the South 100 feet of the East 1/3 `• ,~ of the West 3/s of the SWl/a of the NEB/a, ` except the .West 30 feet thereof, all in ~'~ Section 32, Township 28, Range 24: (93) The North 183' of the West 5 acres ' of the SE~/4 of the SWi/a of Section 33, Township 28, Range 24. (94) Tracts B, C, D and. E of Regis- tered Land Survey No. 256. Second Add tionl except tha~bpat thereof lying within 173 feet of the center line of Cedar Avenue. (96) Lots 1 and 2, Block 1, Fallden's Fourth Addition. (97) Lots 1 and 2, Block 3, Fallden's Fourth Addition. (98) The north 545.17 feet of Outlot 1 of Evergreen Gardens 2nd Addition. (99) Lots 1, 2, 3, 4, and 15, Block 3, Terrace Gardens. 1351 thereof, Block 4 Betcher stAdditiont (101) Lot, 2, Bloek 4, Nicollet Homes Addition, and that portion of vacated 63rd Street north of and adjacent to said-- Lot 2. '/e(of thel SW~t of l the SW~o of hSecta'on 33, Township 28, Range 24, except the North 186.31 feet and the South 135 feet of said North i/z. (103) The east one-half (E~/z) of that area lying between Penn Avenue and Oliver Avenue and lying north of 65th Street within 299.2' of the north line of 65th Street except the south 80' thereof. lines4of Columbus AvenuenandeChicago Avenue, and between the center line of ''~' 66th Street and a line 250' south of and parallel thereto. line0of Eliot Avenueea dethe hwest line of 11th Avenue, and between the center line of 66th Street and a line 250' south of and parallel thereto. (106) That area lying between the cen- ter lines of the Minneapolis-Northfield and Southern Railway right-of-way and Blocks 4 and 5, Nicollet Homes Addition and Block 4, Betcher's Addition, and be- tween the south line of Lot 7, Block 5, Nicollet Homes Addition and the south line of Lot 8, Block 4, Betcher's Addition. (107) Lots 20 and 21, Block 2, Sheldon Blair's Wooddale 4th Addition. (108) Tr at part of the north one-half of the west five acres of the southeast quarter of the southwest quarter of Sec- north3of the south 165 eetgtlie-reofl alnd lying south of the north 349 feet thereof. (109) The north 183 feet of the west five acres of the southeast quarter of the southwest q u a r t e r of Section 33, Township 28, Range 24. (110) Lots 17 and 18, Block )<0, Wood- lake Highlands. Section 5. Open Development. (OD). a d )Oliver Avenueslnandebetween a 75th and 76th Streets. in the future shall be placed in tthe `eRy district until placed in some other dis- trict by action of the City Council. Section 6. Residence District (R), (1) That a r e a not hereinbefore as- signed to any other district. I __ _ _ - _._. __ . ~. ,