Code of Ordinances
Table of Contents
CHAPTER 1
ADOPTION OF CODE ...... 18
1.010 ADOPTION OF CODE...... 18 1.015 HOW CITED; SHORT TITLE...... 18 1.020 ADDITIONS...... 18 1.025 NUMBERING...... 18 1.030 TITLE HEADINGS; CROSS REFERENCES...... 18 1.035 COPIES...... 18 1.040 REPEAL OF PRIOR ORDINANCES...... 18 1.050 SUBSEQUENT ORDINANCES...... 19 1.060 CONSECUTIVE NUMBERING TO CONTINUE...... 19 1.070 ANNUAL REVISION...... 19 1.080 PRESERVATION OF EXISTING RIGHTS...... 19 1.090 SEPARABILITY...... 19 1.100 PENALTY...... 19 1.110 SEPARATE VIOLATIONS...... 19 1.120 APPLICATION TO CITY PERSONNEL...... 19 1.130 PUBLICATION AND EFFECTIVE DATE...... 19 1.140 PRIMA FACIE EVIDENCE...... 19
CHAPTER 2 RULES OF CONSTRUCTION AND DEFINITIONS ...... 20
2.010 STATUTORY RULES ADOPTED...... 20 2.020 DEPUTIES...... 20 2.030 FILING, ETC. AT CITY OFFICES...... 20 2.040 CONJUNCTIONS...... 20 2.050 CATCH LINES...... 20 2.060 LIBERAL CONSTRUCTION...... 20 2.070 RENEWAL OF LICENSES AND PERMITS...... 20 2.080 DEFINITIONS...... 20
CHAPTER 3 OPERATIONS AND ADMINISTRATION ...... 22
3.010 COUNCIL MEETINGS...... 22 3.020 SPECIAL MEETINGS...... 22 3.030 INITIAL MEETING...... 22 3.035 APPOINTMENT OF OFFICERS AND EMPLOYEES...... 22 3.040 PUBLIC MEETINGS...... 23 3.050 COMPENSATION...... 23 3.060 DUTIES OF THE MAYOR...... 23 3.065 PRESIDING OFFICER...... 23 3.070 PROCEDURES...... 23 3.080 QUORUM...... 23 3.090 VOTING...... 23 3.100 VOTES REQUIRED...... 23
2 3.110 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, AND COMMUNICATIONS; READINGS ...... 23 3.120 ORDINANCE AND RESOLUTION; SIGNING AND PUBLICATION PROOF...... 24 3.130 REPEALS AND AMENDMENTS...... 24 3.140 MOTIONS, PETITIONS, COMMUNICATIONS...... 24 3.150 HEARINGS; GENERAL...... 24 3.160 HEARINGS; NOTICE...... 24 3.170 CONDUCT OF HEARING...... 24 3.180 HEARINGS, RECORD...... 24 3.190 DUTIES OF CLERK-TREASURER...... 24 3.200 APPROVAL OF MINUTES...... 25 3.210 COMMITTEES DESIGNATED...... 25 3.220 MEMBERSHIP...... 26 3.230 REFERRAL AND REPORTS...... 26 3.240 WORKER’S COMPENSATION...... 26
CHAPTER 4 CEMETERY BOARD ...... 27
4.010 CEMETERY BOARD CREATED...... 27 4.020 DUTIES OF THE COMMITTEE...... 27 4.030 TERM OF OFFICE...... 27 4.040 RULES OF THE CEMETERY...... 27 4.050 FUNDS...... 27 4.060 RULES...... 27
CHAPTER 5 PARKS AND PARKWAYS ...... 28
5.010 FIREARMS AND FIREWORKS...... 28 5.020 PROTECTION OF TREES, PLANTS, AND STRUCTURES...... 28 5.030 TRAFFIC REGULATION...... 28 5.040 SIGNS RESTRICTED...... 28 5.050 RESTRICTED AREAS...... 28 5.080 DEFINITIONS...... 29
CHAPTER 6 CITY ELECTIONS ...... 30
6.010 DATE OF ELECTION...... 30 6.020 TERMS OF OFFICE...... 30
CHAPTER 7 DUTCH ELM DISEASE ...... 31
7.010 DECLARATION OF POLICY...... 31 7.020 PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD; WARNINGS...... 32 7.030 SPRAYING ELM TREES, DUTIES OF FORESTER...... 33 7.040 TRANSPORTING ELM WOOD PROHIBITED...... 33 7.050 INTERFERENCE PROHIBITED...... 33 7.060 REGULATIONS AND CONSTRUCTION...... 33
3 CHAPTER 8 BUILDERS OF SIDEWALKS, ETC...... 34
8.010 PERMIT REQUIRED...... 34 8.020 PROPERTY OWNERS...... 34 8.030 APPLICATION FOR PERMIT...... 34 8.040 STANDARDS FOR ISSUANCE...... 34 8.050 SUPERVISION OF CITY COUNCIL...... 35 8.060 MEASURING MATERIALS...... 35 8.070 WORK LET ON CONTRACT...... 35 8.080 MARKING OF WORK...... 35 8.090 ALTERATIONS ORDERED BY CITY COUNCIL...... 35 8.100 MAXIMUM DRIVEWAY WIDTH...... 35 8.110 APPEALS TO COUNCIL...... 35 8.120 INTENT...... 35
CHAPTER 9 MAINTENANCE AND REPAIR OF SIDEWALKS ...... 37 9.010 “CURRENT SERVICE” DEFINED...... 37 9.020 OWNER TO REMOVE SNOW, ETC...... 37 9.030 REMOVAL OF SNOW, ETC. BY PUBLIC WORKS DIRECTOR...... 37 9.040 OWNER TO REPAIR SIDEWALKS...... 37 9.050 INSPECTIONS BY PUBLIC WORKS DIRECTOR...... 37 9.060 REPAIR BY PUBLIC WORKS DIRECTOR...... 37 9.070 OWNER LIABILITY FOR COST...... 37 9.080 ASSESSMENT COST...... 38
CHAPTER 10 MISCELLANEOUS STREET AND SIDEWALK REGULATIONS ...... 39
10.010 EXCAVATIONS...... 39 10.020 EXCAVATIONS TO BE GUARDED...... 39 10.030 REMOVING BARRICADES...... 39 10.040 INJURING UNCOMPLETED CONSTRUCTION...... 39 10.050 REMOVAL OF SAND, ETC...... 39 10.060 OBSTRUCTIONS...... 39 10.070 SIGNS ON SIDEWALKS...... 39 10.080 PLACING OBJECTS ON PUBLIC HIGHWAYS...... 39 10.090 SPILLING SUBSTANCES IN STREETS...... 40 10.100 OBSTRUCTING SIDEWALKS...... 40 10.110 MAINTAINING SIDEWALK LEVEL...... 40 10.120 PUBLIC WORKS DIRECTOR TO CONTROL TREES...... 40 10.130 PUBLIC WORKS DIRECTOR MAY ORDER WORK DONE...... 40 10.140 PERMIT NECESSARY TO REMOVE AND TRIM TREES...... 40 10.150 AUTHORITY OF PUBLIC WORKS DIRECTOR AND COUNCIL TO ISSUE PERMIT...... 40 10.160 PERMIT TO PLANT TREES IN PUBLIC GROUND...... 40 10.170 TREES MENACING PUBLIC SAFETY TO BE REPORTED...... 41 10.180 DUTY OF PROPERTY OWNERS TO CUT GRASS AND WEEDS...... 41 10.190 COUNCIL MAY ORDER WORK DONE...... 41
4 CHAPTER 11 WASTEWATER DISPOSAL SYSTEM ...... 42
11.005 PURPOSE AND POLICY...... 42 11.020 USE OF PUBLIC SEWERS REQUIRED ...... 46 11.030 PRIVATE WASTEWATER DISPOSAL ...... 47 11.040 WASTEWATER DISCHARGE AND SEWER PERMITS ...... 48 11.045 DISPOSAL OF SEPTIC TANK SLUDGE...... 48 11.050 USE OF PUBLIC SEWERS...... 48 11.060 MONITORING FACILITIES...... 53 11.070 PRETREATMENT...... 53 11.080 SLUDGES GENERATED...... 53 11.090 ENFORCEMENT...... 53 11.100 PENALTIES...... 55 11.110 SEWER SERVICE CHARGES...... 56 11.120 BILLINGS AND PAYMENTS...... 56 11.130 METERING AND REPORTING REQUIREMENTS...... 57 11.140 NEW CONNECTIONS TO SEWAGE SYSTEM...... 57 11.150 PRETREATMENT OF INDUSTRIAL SEWAGE...... 57 11.160 EXCLUSION FROM USE OF TREATMENT WORKS...... 57 11.170 INTERPRETATION...... 57 11.180 PROTECTION FROM DAMAGE...... 58 11.190 POWERS AND AUTHORITY OF INSPECTIONS...... 58 11.200 ADDITIONAL REMEDIES...... 58 11.210 NOTHING ...... 58
CHAPTER 12 SEWER RATE ...... 59
12.010 DECLARATION OF INTENT...... 59 12.020 DEFINITIONS...... 59 12.030 SEWER SERVICE CHARGE...... 61 12.040 BILLINGS AND PAYMENTS...... 63 12.050 REVIEW AND AMENDMENT OF CHARGES...... 63 12.060 METERING AND REPORTING REQUIREMENTS...... 64 12.070 NEW CONNECTIONS TO SEWAGE SYSTEM...... 64 12.080 PRETREATMENT OF INDUSTRIAL SEWAGE...... 64 12.090 EXCLUSION FROM USE OF TREATMENT WORKS...... 64 12.100 DISPOSITION OF REVENUE...... 64 12.110 INTERPRETATION...... 65 12.120 PROTECTION FROM DAMAGE...... 65 12.130 POWERS AND AUTHORITY OF INSPECTIONS...... 65 12.140 PENALTIES...... 65 12.150 VALIDITY...... 66 APPENDIX TO SEWER RATE ...... 67
5 CHAPTER 13 WATER CHARGES AND SERVICE ...... 68
13.000 PRIVATE WATER SERVICE...... 68 13.010 METERS REQUIRED AND RATE CHARGES FOR USAGE...... 68 13.020 PAYMENT AND COLLECTION...... 69 13.030 ENTER UPON PREMISES...... 70 13.040 APPLICATIONS FOR SERVICE...... 70 13.050 CONSIDERATION OF APPLICATION...... 70 13.055 COMMERCIAL AND INDUSTRIAL USERS...... 70 13.060 SEPARATE CONNECTION FOR EACH PREMISE...... 70 13.070 COST OF INSTALLATION...... 70 13.080 USE OF WATER WITHOUT AUTHORITY...... 70 13.090 SHUT-OFF FOR NON-PAYMENT...... 71 13.100 WATER SYSTEM CURB STOP AND WASTE COCKS...... 71 13.110 WATER SYSTEM CHECK VALVES...... 72 13.120 USE OF WATER DURING FIRE...... 72 13.130 CONSENT TO REGULATIONS...... 72 13.140 AMOUNT AND BASIS OF CHARGE...... 72
CHAPTER 14 POOL HALLS, BILLIARD HALLS AND BOWLING ALLEYS ...... 73
14.010 SCOPE...... 73 14.020 DEFINITIONS...... 73 14.030 PERMISSION OF COUNCIL REQUIRED...... 73 14.040 APPLICATIONS...... 73 14.050 REFUSAL OF LICENSE...... 74 14.060 ISSUANCE – DESCRIPTION...... 74 14.070 REVOCATION...... 74 14.080 PENALTY FOR PROPERTY OWNERS...... 75 14.090 PRACTICES PROHIBITED...... 75 14.100 RESPONSIBILITY TO PERSON TO WHOM LICENSE OR PERMIT IS GRANTED...... 75
CHAPTER 15 CIRCUSES, CARNIVALS, ETC...... 76
15.010 LICENSE REQUIRED...... 76 15.020 LITTERING PROHIBITED...... 76 15.030 INSURANCE AND BOND REQUIREMENTS...... 76
CHAPTER 16 MUNICIPAL REGULATION AND LICENSING ...... 77
16.010 LICENSES AND PERMITS...... 77 16.020 FEES...... 77 16.030 DURATION OF LICENSE...... 77 16.040 TRANSFERS...... 77 16.050 INSPECTION...... 77 16.060 DUTIES OF LICENSEE...... 78 16.070 SUSPENSION OR REVOCATION...... 78
6 CHAPTER 17 GAMBLING DEVICES ...... 79
17.010 DEFINITIONS...... 79 17.020 PROHIBITED DEVICES...... 79 17.030 OPERATION, POSSESSION, OR WILLFUL KEEPING OF GAMBLING DEVICES...... 80 17.040 APPLICATION FOR LICENSE...... 80 17.060 ISSUANCE OF LICENSES...... 80 17.070 SUSPENSION OR REVOCATION OF LICENSE...... 81 17.080 PROCEDURE FOR SUSPENSION OR REVOCATION...... 81 17.090 PROFITS...... 81 17.091 ALL CHARITABLE ORGANIZATIONS ...... 82 17.100 LICENSED PREMISES...... 82
CHAPTER 18 INTOXICATING LIQUORS ...... 83
18.010 PROVISIONS OF STATE LAW ADOPTED...... 83 18.020 LICENSE REQUIRED...... 83 18.030 APPLICATION FOR LICENSE...... 83 18.040 LICENSE FEES...... 84 18.050 GRANTING OF LICENSES...... 85 18.060 PERSONS INELIGIBLE FOR LICENSE...... 85 18.070 PLACES INELIGIBLE FOR LICENSE...... 86 18.080 CONDITIONS OF LICENSE...... 86 18.090 RESTRICTIONS ON PURCHASE AND CONSUMPTION. LIQUOR IN UNLICENSED PLACES...... 86 18.091 MINORS...... 87 18.092 SOCIAL FUNCTIONS; MINORS...... 87 18.100 SUSPENSION AND REVOCATION...... 88 18.110 SPECIAL SUNDAY ON-SALE LICENSE...... 88 18.120 HOURS...... 88 18.130 PENALTY...... 89
CHAPTER 19 BEER LICENSES ...... 90
19.010 DEFINITIONS OF TERMS...... 90 19.020 LICENSE REQUIRED...... 90 19.030 LICENSE APPLICATIONS...... 90 19.040 LICENSE FEES...... 90 19.050 GRANTING OF LICENSES...... 91 19.060 PERSONS INELIGIBLE FOR LICENSE...... 91 19.070 PLACES INELIGIBLE FOR LICENSE...... 92 19.080 CONDITIONS OF LICENSE...... 92 19.090 CLOSING HOURS...... 93 19.100 LIQUOR CONSUMPTION AND DISPLAY...... 93 19.110 REVOCATION...... 93
7 CHAPTER 20 PUBLIC DANCING ...... 94
20.010 DEFINITIONS...... 94 20.020 PERMIT REQUIRED...... 94 20.030 HOURS OF DANCING...... 94 20.040 OBSCENITY PROHIBITED...... 94 20.050 PERMIT TO BE POSTED...... 94 20.060 CERTAIN PERSONS PROHIBITED...... 95 20.080 SCHOOL DANCES...... 95
CHAPTER 21 TOBACCO PRODUCTS AND CIGARETTES ...... 96
21.010 PURPOSE...... 96 21.020 DEFINITIONS AND INTERPRETATIONS...... 96 21.030 LICENSE...... 97 21.040 PROHIBITED SALES...... 99 21.050 VENDING MACHINES...... 100 21.060 SELF-SERVICE SALES...... 100 21.070 RESPONSIBILITY...... 100 21.080 COMPLIANCE CHECKS AND INSPECTIONS...... 100 21.090 OTHER ILLEGAL ACTS...... 101 21.100 PROCEDURE AFTER VIOLATIONS...... 101 21.110 PENALTIES...... 102 21.120 EXCEPTIONS AND DEFENSES...... 102 21.130 SEVERABILITY AND SAVINGS CLAUSE...... 102
CHAPTER 22 DOGS AND OTHER ANIMALS ...... 103
22.010 DEFINITIONS...... 103 22.020 LICENSE...... 103 22.030 FEE AND RABIES CERTIFICATION...... 103 22.040 TAGS...... 103 22.050 RUNNING AT LARGE...... 104 22.060 ANIMAL POUND...... 104 22.070 APPREHENSION OF DOGS...... 104 22.080 NOTICE OF APPREHENSION; LICENSED DOGS...... 104 22.090 NOTICE OF APPREHENSION; UNLICENSED ANIMALS...... 104 22.100 RECLAIMING OF ANIMALS FROM POUND...... 104 22.110 DISPOSING OF UNCLAIMED ANIMALS...... 104 22.120 OFFENSES...... 105 22.130 OFFENSES INVOLVING TAGS...... 105 22.140 RABIES VACCINATION...... 105 22.150 BARKING DOGS...... 105 22.160 DISEASED OR VICIOUS ANIMALS...... 105 22.170 ANIMAL BITES...... 106 22.180 ABUSE OF ANIMALS...... 106 22.190 KENNELS...... 106 22.200 REVOCATION OF KENNEL LICENSE...... 107
8 CHAPTER 23 BUILDING CODE ...... 108
23.010 REPEALER, APPLICATION, ADMINISTRATION, AND ENFORCEMENT...... 108 22.020 PERMITS AND FEES...... 108 22.030 VIOLATIONS AND PENALTIES...... 108 22.040 BUILDING CODE...... 108
CHAPTER 24 BUSINESS OF SELLING COMPANIONSHIP ...... 110
24.010 DEFINITIONS...... 110 24.020 LICENSE...... 111 24.030 LICENSE FEE AND TERM...... 111 24.040 DENIAL OF LICENSE...... 112 24.050 LICENSE RESTRICTIONS...... 112 24.060 SERVICE OF NOTICE...... 112 24.070 REVOCATION OR SUSPENSION OF LICENSE...... 113 24.080 REGISTRATION OF EMPLOYEES...... 113 24.090 REGULATIONS...... 113 24.100 FACILITIES...... 114 24.110 INSPECTION...... 114 24.120 BUSINESS HOURS...... 114
CHAPTER 25 BUSINESS OF SAUNAS AND MASSAGES ...... 115
25.010 DEFINITIONS...... 115 25.020 LICENSE FOR SAUNA OR MASSAGE PARLOR ESTABLISHMENT...... 115 25.030 INSPECTION, LICENSE TERM, AND FEES...... 116 25.040 DENIAL OF LICENSE...... 117 25.050 RESTRICTIONS AND REGULATIONS...... 117 25.060 REVOCATION OF LICENSE...... 117 25.070 REGISTRATION OF EMPLOYEES...... 117 25.080 ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, AND NARCOTIC DRUGS PROHIBITED...... 118 25.090 ADULT USE MATERIAL PROHIBITED...... 118 25.100 CONTRACEPTIVE DEVICES...... 118 25.110 CONSTRUCTION AND MAINTENANCE REQUIREMENTS...... 118 25.120 MASSAGES...... 119 25.130 SUBMISSION OF PLANS AND SPECIFICATIONS...... 119 25.140 INSPECTION OF PREMISES AND IDENTIFICATION OF EMPLOYEES...... 119 25.150 BUSINESS HOURS AND SERVICES...... 119
CHAPTER 26 MOVING OF HOUSES, BUILDINGS, AND OTHER STRUCTURES ...... 120
26.010 PERMIT REQUIRED...... 120 26.020 MANNER OF OBTAINING PERMITS...... 120 26.030 FEE FOR PERMIT...... 120 26.040 SURETY BOND REQUIRED...... 120 26.050 NOTICE TO OWNERS OF WIRES AND POLES...... 120
9 26.060 DUTY OF OWNERS OF WIRES AND POLES...... 120 26.070 DUTY OF HOUSE MOVERS...... 121 26.080 DUTY OF THE BUILDING INSPECTOR...... 121 26.090 COMPLIANCE...... 121
CHAPTER 27 OUTDOOR ADVERTISING ...... 122
CHAPTER 28 NUISANCES AND OFFENSES ...... 123
28.010 PUBLIC NUISANCE DEFINED...... 123 28.020 PUBLIC NUISANCES AFFECTING HEALTH...... 123 28.030 PUBLIC NUISANCES AFFECTING MORALS AND DECENCY...... 124 28.040 PUBLIC NUISANCES AFFECTING PEACE AND SAFETY...... 124 28.050 UNNECESSARY LOUD NOISED PROHIBITED...... 125 28.060 SPECIFIC NOISES PROHIBITED...... 125
CHAPTER 29 TRAFFIC CODE ...... 132
29.010 SCOPE...... 132 29.020 PENALTY...... 132 29.030 COMPLIANCE WITH POLICE DIRECTION...... 132 29.040 APPLICATION...... 132 29.050 EMERGENCY VEHICLES...... 132 29.060 ROAD CREWS...... 132 29.070 BICYCLES AND ANIMALS...... 133 29.080 DEFINITIONS...... 133 29.090 OPERATION OF MOTORCYCLES...... 133 29.100 SEASONAL LOAD RESTRICTIONS...... 133 29.110 USE OF BICYCLES...... 133 29.120 EXHIBITION DRIVING PROHIBITED...... 134 29.130 RECREATIONAL MOTOR SCOOTERS, ...... 134 29.140 ADMINISTRATIVE FINES...... 135 29.150 JAKE BRAKING PROHIBITED...... 136
CHAPTER 30 PARKING REGULATIONS ...... 137
30.010 DEFINITIONS...... 137 30.020 PARALLEL TO CURB...... 138 30.030 WHERE NO CURB...... 139 30.040 ONE-WAY ROADWAY...... 139 30.050 ANGLE PARKING...... 139 30.060 MANNER OF PARKING AND RIGHT-OF-WAY...... 139 30.070 VEHICLES BACK TO CURB...... 139 30.080 DISABLED VEHICLES...... 139 30.090 CARS FOR SALE...... 139
10 30.100 WASHING, GREASING, ETC...... 139 30.110 STOPPING OR PARKING PROHIBITED IN SPECIFIED PLACES...... 139 30.120 RECREATIONAL VEHICLES, CAMPING TRAILERS, ETC...... 141 30.130 MOVING VEHICLE WHEN ORDERED...... 141 30.140 NO PARKING ZONES...... 141 30.150 TRUCK LOADING ZONES...... 141 30.160 PASSENGER LOADING ZONES...... 141 30.170 LIMITED PARKING ZONES...... 141 30.180 PARKING OF CERTAIN VEHICLES RESTRICTED...... 141 30.190 NO TRUCK PARKING ZONES...... 142 30.200 LIABILITY OF REGISTERED OWNER...... 142 30.210 EMERGENCY REMOVAL OF VEHICLE...... 142 30.220 REMOVAL OF ILLEGALLY STOPPED VEHICLES...... 142 30.230 MOVING OF VEHICLES...... 142 30.240 STANDING WITH BRAKES SET...... 142 30.250 LOCKED IGNITION...... 142 30.260 CERTAIN VEHICLES PROHIBITED FROM ANGLE PARKING...... 142 30.270 PARKING IN PUBLIC ALLEYS...... 143 30.280 DOUBLE PARKING...... 143 30.290 IMPOUNDMENT...... 143 30.300 USING VEHICLE FOR ADVERTISING...... 143 30.310 PARKING ZONES; GENERAL LIMITATION...... 143 30.320 PENALTIES FOR VIOLATIONS...... 143 30.330 WINTER PARKING REGULATIONS...... 143 30.340 UNLICENSED VEHICLES PROHIBITED...... 145
CHAPTER 31 HEAVY TRAFFIC ROUTES; PROHIBITION ON TRUCK PARKING AND IDLING ...... 146
31.010 DEFINITIONS...... 146 31.020 PARKING, IDLING RESTRICTED...... 146 31.030 HEAVY TRAFFIC ROUTES...... 146 31.040 PENALTIES...... 147
CHAPTER 32 EMERGENCY MANAGEMENT ...... 148
32.010 POLICY AND PURPOSE...... 148 32.020 DEFINITIONS...... 148 32.030 ESTABLISHMENT OF AN EMERGENCY MANAGEMENT AGENCY...... 148 32.040 POWERS AND DUTIES OF THE DIRECTOR...... 148 32.050 GENERAL PROVISIONS ON EMERGENCY MANAGEMENT WORKERS...... 150 32.060 EMERGENCY REGULATIONS...... 151 32.070 EMERGENCY MANAGEMENT AGENCY PROCEDURES...... 152 32.080 FALLOUT SHELTERS IN PUBLIC STRUCTURES...... 152 32.090 CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY...... 152
11 CHAPTER 33 CURFEW ...... 154
33.010 HOURS: UNDER 18...... 154 33.020 EXCEPTION...... 154 33.030 PARENTS’ RESPONSIBILITY...... 154 33.040 RESPONSIBILITY OF OTHERS...... 154 33.050 PENALTIES...... 154 33.060 NOT TO IMPAIR PARENTAL CONTROL...... 155
CHAPTER 34 THE ESTABLISHMENT OF A VOLUNTEER FIRE DEPARTMENT, REGULATIONS FOR THE GOVERNMENT OF THE SAME, AND CONTROL OF FIRE HAZARDS ...... 156
34.010 FIRE DEPARTMENT ESTABLISHED...... 156 34.020 DUTIES OF CHIEF OF FIRE DEPARTMENT...... 156 34.030 CHIEF TO KEEP RECORDS...... 156 34.040 DUTIES OF ASSISTANT CHIEF...... 156 34.050 PRACTICE DRILLS...... 156 34.060 MEMBERS...... 156 34.070 COMPENSATION...... 156 34.080 RELIEF ASSOCIATION...... 157 34.090 REPORTING FIRES...... 157 34.100 INSPECTION OF PREMISES...... 157 34.110 CONDITIONS PROHIBITED...... 157 34.120 ACCESS TO PREMISES...... 157 34.130 NITROGLYCERIN AND GUN-COTTON PROHIBITED...... 157 34.140 DYNAMITE RESTRICTED...... 157 34.150 BLASTING CAPS REGULATED...... 158 34.160 FILLING GAS TANKS FROM VEHICLES...... 158 34.170 OBSTRUCTING FIRE DEPARTMENT...... 158 34.180 GUNPOWDER RESTRICTED...... 158 34.190 INSPECTIONS...... 158 34.200 BUSINESS BUILDINGS; FLAMMABLES...... 158 34.210 BUSINESS BUILDINGS; EXITS, ETC...... 158 34.220 BUSINESS BUILDINGS; RUBBISH, ETC...... 158 34.230 RUBBISH ON SIDEWALKS...... 158 34.240 RUBBISH IN FIRE LIMITS...... 159 34.250 ASHES...... 159 34.260 OILY WASTE...... 159 34.270 BURNING GRASS, ETC. IN CITY LIMITS...... 159 34.280 RECREATIONAL FIRES...... 159 34.290 EXTERNAL AND INTERNAL ALTERNATIVE FUEL SYSTEMS...... 160 34.300 COMBUSTIBLE MATERIALS...... 160 34.310 PENALTIES: ...... 160
12 CHAPTER 35 DISPOSAL AND COLLECTION OF GARBAGE AND RUBBISH ...... 161
35.010 DEFINITIONS...... 161 35.020 PREPARATION OF GARBAGE...... 162 35.030 PREPARATION OF RUBBISH...... 162 35.040 BOXES, ETC. FOR COMMERCIAL ESTABLISHMENTS...... 162 35.050 TREE TRIMMINGS, ETC...... 162 35.060 CONSTRUCTION OF REFUSE CONTAINERS...... 162 35.070 MAINTENANCE OF CONTAINERS...... 162 35.080 REPLACEMENT OF CONTAINERS...... 162 35.090 AUTHORIZED DISPOSAL AREAS...... 162 35.100 DISPOSAL OF HAZARDOUS REFUSE...... 162 35.110 DISPOSAL OF CONSTRUCTION WASTES...... 163 35.120 INCINERATORS, DISPOSAL, ETC...... 163 35.130 BURNING, BURYING, ETC...... 163 35.140 COLLECTION VEHICLES...... 163 35.150 HAZARDOUS EQUIPMENT...... 164 35.160 CLEANUP DAY ASSESSMENT...... 164
CHAPTER 36 HOUSING CODE ...... 165
36.010 FINDINGS...... 165 36.020 APPLICABILITY AND SCOPE...... 165 36.030 PRE-EXISTING DWELLINGS...... 165 36.040 CONFLICTS; HIGHER STANDARD TO PREVAIL...... 165 36.050 NUISANCE AUTHORITY TO CONTINUE...... 165 36.060 DEFINITIONS...... 166 36.070 ENFORCEMENT...... 168 36.080 INSPECTION OF DWELLINGS...... 168 36.090 ACCESS BY OWNER...... 168 36.100 SERVICE OF NOTICES...... 168 36.110 EMERGENCY ORDERS...... 169 36.120 MINIMUM STANDARDS...... 169 36.130 KITCHEN SINK...... 169 36.140 TOILET AND LAVATORY BASIN...... 169 36.150 BATHTUB OR SHOWER...... 170 36.160 SHARING OF SANITARY FACILITIES...... 170 36.170 HOT AND COLD WATER...... 170 36.180 RUBBISH AND GARBAGE FACILITIES...... 170 36.190 WATER HEATING FACILITIES...... 170 36.200 EXITS...... 170 36.210 WINDOW AREA...... 171 36.220 VENTILATION...... 171 36.230 LIGHT AND VENTILATION FOR BATHROOMS, ETC...... 171 36.240 ELECTRIC OUTLETS...... 171 36.250 HEATING FACILITIES...... 171 36.260 LIGHTING OF PUBLIC HALLS AND STAIRWAYS...... 172 36.280 SCREENS FOR BASEMENT WINDOWS...... 172 36.290 AREA...... 172 36.300 AREA OF SLEEPING ROOMS...... 172
13 36.310 ACCESS TO BATHROOM...... 172 36.320 MINIMUM CEILING HEIGHTS...... 172 36.330 MINIMUM WIDTH...... 173 36.340 EXCEPTION: EFFICIENCY APARTMENT...... 173 36.350 BASEMENT APARTMENTS...... 173 36.360 LOCATION OF BATHROOM AND WATER CLOSET COMPARTMENTS...... 174 36.370 IDENTIFICATION OF RENTAL FACILITIES...... 174 36.380 FOUNDATIONS, EXTERIOR WALLS, AND ROOFS...... 174 36.390 INTERIOR WALLS, FLOORS, AND CEILINGS...... 174 36.400 WINDOWS, EXTERIOR DOORS, BASEMENT HATCHWAYS...... 175 36.410 STAIRWAYS AND PORCHES...... 175 36.420 BATHROOM AND TOILET ROOM FLOOR...... 176 36.430 SUPPLIED PLUMBING FIXTURES...... 176 36.440 FUNCTIONING OF SUPPLIED FACILITIES...... 176 36.450 DISCONTINUANCE OF REQUIRED SERVICES, FACILITIES, EQUIPMENT, OR UTILITIES...... 176 36.460 RESPONSIBILITY FOR MAINTENANCE OF DWELLINGS AND APARTMENTS...... 176 36.470 PUBLIC AREAS...... 176 36.480 RESPONSIBILITY OF THE OCCUPANT...... 177 36.490 RESPONSIBILITY FOR RUBBISH AND GARBAGE...... 177 36.500 HANGING OF SCREENS...... 177 36.510 EXTERMINATION...... 177 36.520 PLUMBING...... 177 36.530 RESPONSIBILITY FOR MAINTENANCE OF NON-DWELLING STRUCTURES AND PREMISES...... 177 36.540 NON-DWELLING STRUCTURES...... 177 36.550 FENCES...... 177 36.560 GRADING AND DRAINING OF PREMISES...... 177 36.570 OPEN AREAS...... 178 36.580 ABANDONED AND JUNKED AUTOMOBILES...... 178
CHAPTER 37 PEDDLERS, ETC...... 179
37.010 REGULATED ACTIVITY...... 179 37.020 REGISTRATION REQUIRED; EXCEPTIONS...... 179 37.030 NON-PROFIT SOLICITATIONS...... 179 37.040 APPLICATION FOR REGISTRATION...... 180 37.050 REGISTRATION...... 181 37.060 REFUSAL TO REGISTER...... 181 37.070 REVOCATION OR SUSPENSION OF REGISTRATION...... 182 37.080 RIGHT OF APPEAL...... 182 37.090 COUNCIL’S AUTHORITY TO HEAR APPEALS...... 183 37.100 MANNER OF GIVING NOTICE...... 183 37.110 NOTICE OF HEARING...... 183 37.120 NOTICE OF VIOLATION...... 183 37.130 EXPIRATIONS...... 183 37.140 NO REPRESENTATIONS BY CITY...... 183
14 CHAPTER 38 STREET DESIGNATIONS ...... 185
38.010 EXTENSION OF STREETS...... 185 38.020 NEW STREETS...... 185 38.030 COUNCIL APPROVAL REQUIRED...... 185
CHAPTER 39 DISCHARGE OF FIREARMS ...... 186
39.010 DISCHARGE OF FIREARMS PROHIBITED WITHOUT A PERMIT...... 186 39.020 EXCEPTION...... 186 39.030 BOW AND ARROW...... 186
CHAPTER 40 PLANNING COMMISSION ...... 187
40.010 ESTABLISHMENT OF COMMISSION...... 187 40.020 COMPOSITION...... 187 40.030 ORGANIZATION, MEETINGS, ETC...... 187 40.040 POWERS AND DUTIES OF THE COMMISSION...... 187 40.050 ZONING ORDINANCES; PUBLIC HEARINGS...... 188 40.060 PLATS, APPROVAL...... 188
CHAPTER 41 CABLE COMMUNICATION SYSTEMS ...... 189
41.010 DEFINITIONS...... 189 41.020 FRANCHISE OR EXTENSION PERMIT REQUIRED...... 189 41.030 MANNER OF OBTAINING FRANCHISE OR PERMIT...... 189 41.040 FEE FOR FRANCHISE OR PERMIT...... 189 41.050 INSURANCE REQUIRED...... 190 41.060 SURETY BOND REQUIRED...... 190 41.070 INDEMNIFICATION...... 191 41.080 CONDITIONS TO GRANT...... 191 41.090 REVOCATION...... 191
CHAPTER 42 SNOWMOBILES ...... 192
42.010 DEFINITIONS...... 192 42.020 OPERATION...... 192 42.030 PARK PROPERTY...... 193 42.040 EQUIPMENT...... 193 42.050 UNATTENDED SNOWMOBILES...... 193 42.060 PROHIBITION...... 193 42.070 STATE STATUTES...... 193 42.080 PENALTY...... 193
15 CHAPTER 43 DRUG AND ALCOHOL TESTING POLICY ...... 194
43.010 DEFINITIONS...... 194 43.020 DEPARTMENTAL WORK RULES...... 197 43.030 PERSONS SUBJECT TO TESTING...... 198 43.040 CIRCUMSTANCES FOR DRUG OR ALCOHOL TESTING: ...... 199 43.050 DETERMINATION OF IMPAIRMENT OR BEING UNDER THE INFLUENCE DUE TO USAGE OF ALCOHOL OR DRUGS...... 199 43.060 PROCEDURE FOR TESTING...... 200 43.070 RIGHT OF EMPLOYEES: ...... 202 43.080 ACTION AFTER TEST: ...... 203 43.090 DATA PRIVACY...... 204 43.100 APPEALS PROCEDURE...... 204 43.110 AMENDMENTS...... 205 43.120 NOT A CONTRACT...... 205
CHAPTER 44 ELECTRIC FRANCHISE ...... 206
44.010 GRANT OF FRANCHISE...... 206 44.020 GRANT OF RIGHTS-OF-WAY...... 206 44.030 INDEMNIFICATION...... 206 44.040 NO UNNECESSARY IMPEDANCE BY GRANTEE...... 206 44.050 SERVICE AREA...... 206 44.060 REMOVAL AND REPLACEMENT OF GRANTEE’S FIXTURES...... 206 44.070 SEVERABILITY...... 207 44.080 CONFLICTING PASSAGES...... 207
CHAPTER 45 GAS FRANCHISE ...... 208
45.010 DEFINITIONS...... 208 45.020 GRANT OF FRANCHISE...... 209 45.030 EFFECTIVE DATE; WRITTEN ACCEPTANCE...... 209 45.040 SERVICE AND GAS RATES...... 209 45.050 PUBLICATION EXPENSE...... 209 45.060 DISPUTE RESOLUTION...... 209 45.070 CONTINUATION OF FRANCHISE...... 209 45.080 LOCATION OF FACILITIES...... 210 45.090 STREET OPENINGS...... 210 45.100 RESTORATION...... 210 45.110 AVOID DAMAGE TO GAS FACILITIES...... 210 45.120 NOTICE OF IMPROVEMENTS TO STREETS...... 210 45.130 MAPPING INFORMATION...... 211 45.140 RELOCATION IN PUBLIC WAYS...... 211 45.150 RELOCATION IN PUBLIC GROUNDS...... 211 45.160 PROJECTS WITH FEDERAL FUNDING...... 211 45.170 INDEMNITY OF CITY...... 211 45.180 DEFENSE OF CITY...... 211 45.190 VACATION OF PUBLIC WAY; NOTICE...... 212 45.200 CHANGE IN FORM OF GOVERNMENT...... 212
16 45.210 FORM...... 212 45.220 SEPARATE ORDINANCE...... 212 45.230 CONDITION OF FEE...... 212 45.240 COLLECTION OF FEE...... 212 45.250 CONTINUATION OF FRANCHISE FEE...... 213 45.260 SEVERABILITY...... 213 45.270 LIMITATION ON APPLICABILITY...... 213 45.280 AMENDMENTS TO AGREEMENT...... 213 45.290 CONFIDENTIALITY...... 213 45.300 SUPERVISOR’S DISCRETION TO OBSERVE INSTALLATION AND MAINTENANCE...... 213 45.310 TREE TRIMMING...... 214 45.320 WAIVER...... 214 45.330 FORCE MAJEURE...... 214
CHAPTER 46 GAS FRANCHISE FEE ...... 215
46.010 COMPENSATION...... 215 46.020 COMPUTATION AND IMPOSITION OF FRANCHISE FEE...... 215 46.030 EFFECTIVE DATE...... 215 46.040 BINDING EFFECT...... 215 46.050 COLLECTION OF FRANCHISE FEE...... 215 46.060 EXPIRATION OF FRANCHISE...... 215
CHAPTER 47 EXTENDING CORPORATE LIMITS ...... 216
47.010 LAND INCLUDED...... 216
CHAPTER 48 RIVERVIEW COURT CHANGED TO FIRST COURT NE ...... 218
48.010 NAME OF CITY STREET CHANGED...... 218
CHAPTER 49 REGULATIONS REGARDING THE SITING OF ADULT ESTABLISHMENTS WITHIN THE CITY OF ELGIN ...... 219
49.010 BACKGROUND...... 219 49.020 DEFINITIONS...... 221 49.030 LICENSE REQUIRED...... 224 49.040 PLACES INELIGIBLE FOR A LICENSE...... 224 49.050 CONDITIONS OF LICENSE...... 225 49.060 VIOLATIONS AND ENFORCEMENT...... 225
17 Chapter 1 ADOPTION OF CODE
1.010 Adoption of Code. The substantive ordinances of the City of Elgin, Minnesota, of a general and permanent nature are hereby adopted and codified. Such codification consists of Chapters 1 through 49 and is hereby adopted as the Elgin Code of Ordinances. All ordinances repealed by Section 1.040 are superseded by the Elgin Code of Ordinances.
1.015 How Cited; Short Title. This Code of Ordinances shall be known as the Elgin Code of Ordinances and may be so cited. For brevity hereafter, the Elgin Code of Ordinances will be sometimes referred to as “this Code”, and any use of the term “this Code” shall be construed to mean the Elgin Code of Ordinances unless the context clearly required some other meaning.
1.020 Additions. New ordinances proposing amendments or additions to the Code shall be assigned appropriate Code numbers and shall be incorporated into the Code as of their effective date. Reference or citation to the Code shall be deemed to include such amendments and additions. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this ordinance, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the Clerk, in cooperation with the City Attorney, may correct obvious grammatical, punctuation, and spelling errors; change reference numbers to conform with sections, articles, and chapters; substitute figures for written words and vice versa; substitute dates for the words “the effective date of this ordinance”; and perform like actions to insure a uniform Code of Ordinances without, however, altering the meaning of the ordinances enacted.
1.025 Numbering. Each section number of this Code consists of two component parts separated by a decimal. The first digit of the number refers to the chapter number, and the digits after the decimal refer to the position of the section within the chapter. If the chapter is divided into parts, the figure immediately to the left of the decimal corresponds to the part number.
1.030 Title Headings; Cross References. Chapter, part, section, subdivision, and other titles shall not be considered part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive titles.
1.035 Copies. Copies of this Code shall be kept in the office of the Clerk for public inspection or sale for a reasonable charge.
1.040 Repeal of Prior Ordinances. All ordinances of the City of Elgin passed prior to the effective date of this recodification are hereby repealed. Neither this ordinance, nor the Code of Ordinances adopted by it, shall be construed to amend, alter, or repeal any ordinance of the City adopted after the effective date of this recodification.
18 1.050 Subsequent Ordinances. Ordinances passed after the effective date of this Code shall be passed as amendments or additions to this Code. Such ordinances shall be incorporated into this Code at its annual revisions, in accordance with Section 1.070 and as directed by the City Council.
1.060 Consecutive Numbering to Continue. The consecutive chronological numbering of all ordinances as passed shall continue.
1.070 Annual Revision. This Code is printed in loose-leaf form so that it may be kept up to date regularly by the insertion of revised or additional pages. The Council, with the advice of the City Attorney, shall make arrangements annually for the editorial work and printing necessary to prepare revised and additional pages, so as to keep the volumes up to date as nearly as possible at all times.
1.080 Preservation of Existing Rights. The repeal of any ordinance or portion thereof by the adoption of this Code shall not affect or impair any act done or right vested or accrued, or any proceeding, suit, or prosecution had or commenced in any cause before such repeal takes effect, but every such act done, or right vested or accrued or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if such repeal had not taken place. No offense committed, and no liability, penalty, or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed by the adoption of this Code, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed.
1.090 Separability. If any chapter, section, sentence, clause, or other part of this Code should be adjudged void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the other portions of this Code.
1.100 Penalty. Unless a violation is otherwise declared in this Code to be a petty misdemeanor, a violation of any provision of this Code is a misdemeanor, which shall be punishable as provided by Minnesota Statutes §609.033, plus in either case, the costs of prosecution. A violation of any provision of this Code which is declared to be a petty misdemeanor shall be punishable by a fine, pursuant to the provisions of Minnesota Statutes §609.02, Subd. 4a.
1.110 Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.
1.120 Application to City Personnel. The failure of any officer or employee of the City to perform any official duty imposed by this Code shall not subject the officer or employee to the penalty imposed for violation, unless a penalty is specifically provided for such failure.
1.130 Publication and Effective Date. Except as otherwise provide, this Code shall be effective on passage and publication according to law.
1.140 Prima Facie Evidence. This Code shall be prima facie evidence of the law of the City.
19 Chapter 2 RULES OF CONSTRUCTION AND DEFINITIONS
2.010 Statutory Rules Adopted. The definitions and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in Minnesota Statutes, Chapter 645 are adopted by reference and made a part of this Code. As so adopted, references in that chapter to laws and statutes mean provisions of this Code, and references to the legislature mean the Council.
2.020 Deputies. Whenever this Code requires an act to be done, which act may legally be done by an agent or deputy as well as by the principal, such requirement shall be satisfied by the performance of such act by an authorized agent or deputy.
2.030 Filing, Etc. at City Offices. Whenever this Code requires filing with, payment to, or notification of any certain City official or department, the requirement shall be satisfied by filing, payment, or notification at the regular office of such City official or department during business hours on any business day.
2.040 Conjunctions. The words “or” and “and” may be read interchangeably in situations where the context requires it.
2.050 Catch Lines. The catch lines of the various sections of this Code printed in bold face type are intended to indicate the contents of the section for the convenience of the reader but shall not be constructed as a part of the section.
2.060 Liberal Construction. All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of such provision may be fully carried out.
2.070 Renewal of Licenses and Permits. Notwithstanding any provision in this Code to the contrary, whenever the last day for renewal of a license or permit issued by the City falls on a Saturday, Sunday, or legal holiday, the same may be renewed without penalty or fee increase on the next following day which is not a Saturday, Sunday, or legal holiday.
2.080 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meaning given them in this section.
Subdivision 1. City. “City” means City of Elgin.
Subdivision 2. State. “State” means State of Minnesota.
Subdivision 3. Council. “Council” means the City Council.
20 Subdivision 4. Clerk. “Clerk” means the City Clerk.
Subdivision 5. Person. “Person” means any natural individual, firm, partnership, association, or corporation. As applied to partnerships or associations, the term includes the partner or members; as applied to corporations, the term includes the officers, agents, or employees.
Subdivision 6. Mayor. “Mayor” means the Mayor of the City of Elgin.
Subdivision 7. Treasurer. “Treasurer” or “City Treasurer” means the Clerk-Treasurer of the City of Elgin.
Subdivision 8. Property. “Property” refers to tangible or intangible, real, personal, or mixed property.
Subdivision 9. Sidewalk. “Sidewalk” refers to that portion of the street between the curb line and the adjacent property line, intended for the use of pedestrians.
Subdivision 10. Street. “Street” is any public way, highway, street, avenue, boulevard, alley, or other public thoroughfare. Each of said words shall include the others, and if the context permits, shall also include “sidewalks”.
21 Chapter 3 OPERATIONS AND ADMINISTRATION
3.010 Council Meetings. Regular meetings of the Council shall be held on the third Monday of each calendar month and the first Tuesday of each calendar month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place, unless otherwise provided by order of the City Council. All meetings, including special and adjourned meetings, shall be held in the City Hall, unless otherwise ordered by the City Council.
3.020 Special Meetings. The Mayor or any two members of the Council may call a special meeting of the Council upon at least 24 hours’ written notice to each member of the Council. This notice shall be delivered personally to each member or shall be left at the member’s usual place of residence with some responsible person. Similar notice shall be given to the Clerk- Treasurer and posted at the City Hall and two other public places in the City, at least 3 days before the meeting. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of a special meeting with the City.
3.030 Initial Meeting. At the first regular Council meeting in January of each year, the Council shall:
1) designate the depositories of City funds;
2) designate the official newspaper;
3) choose one of the Council members as Acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies.
3.035 Appointment of Officers and Employees. The Mayor shall, with the consent and approval of the Council, at the first regular meeting in January each year, appoint the following officers and employees, and their appointment shall extend until the time of the next such meeting, or until their successors are appointed and qualified, provided, however, that the Council may remove any such officer or employee at its pleasure:
1) City Attorney 2) City Building Inspector 3) City Engineer.
At the direction of the Council, any employee may be assigned to the work of any two or more of the above-named departments. The Council shall appoint such other officers and employees and such members of boards, commissions, and committees as may be necessary.
22 3.040 Public Meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be open to the public.
3.050 Compensation. The Mayor shall be compensated at the rate of $175.00 per regular Council meeting attended, plus $20.00 for each special Council meeting attended. Each Council member shall be compensated at the rate of $125.00 per regular Council meeting attended, plus $20.00 for each special Council meeting attended. In the event that a special Council meeting must be called as the result of a request from a private party, the private party shall bear the cost of payment to the Mayor and Council members for their attendance at the special Council meeting.
3.060 Duties of the Mayor. The Mayor shall see that the laws of the State and ordinances of the City are duly observed and enforced within the City. The Mayor shall take care that all other City officers perform their duties, and to that end, may maintain any appropriate action against any delinquent City officer.
3.065 Presiding Officer. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Clerk- Treasurer shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their numbers to act temporarily as presiding officer.
3.070 Procedures. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine with debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Except as otherwise provided by statue or by these rules, the proceedings of the Council shall be conducted in accordance with Robert’s Rules of Order, revised.
3.080 Quorum. At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time.
3.090 Voting. The votes of the members on any question may be taken in any manner which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to such member’s name, shall be marked “present – not voting”.
3.100 Votes Required. A majority vote of all members of the Council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statue, a majority vote of a quorum shall prevail in all other cases.
3.110 Ordinances, Resolutions, Motions, Petitions, and Communications; Readings. Every ordinance and resolution shall be presented in writing. An ordinance or resolution need not be read in full unless a member of the Council requests such a reading.
23 3.120 Ordinance and Resolution; Signing and Publication Proof. Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk-Treasurer, and filed by the Clerk-Treasurer in the ordinance or resolution book. Proof of publication of every ordinance shall be attached and filed with the ordinance. In the case of lengthy ordinances, or ordinances which include charts or maps, publication may be made in compliance with Minnesota Statutes §412.191, Subd. 4, as the same exists on the date of the adoption hereof, or as said statute may hereafter be amended.
3.130 Repeals and Amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment.
3.140 Motions, Petitions, Communications. Every motion shall be stated in full before it is submitted to a vote by the presiding officer and shall be recorded in the minutes. Every petition or other communication addressed to the Council shall be in writing and shall be read in full upon presentation to the Council unless the Council dispenses with the reading. Each petition or other communication shall be recorded in the minutes by title and filed with the minutes in the office of the Clerk-Treasurer.
3.150 Hearings; General. Unless otherwise provided in this Code, or by law, every public hearing required by law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.
3.160 Hearings; Notice. Every hearing shall be preceded by 10 days’ mailed notice to all persons entitled thereto b law, ordinance, or regulation, unless only published notice is required. The notice shall state the time, place, and purpose of the hearing. Failure to give notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subdivision.
3.170 Conduct of Hearing. At the hearing, each party in interest shall have an opportunity to be heard and to present such evidence as is relevant to the proceeding. The Council may adopt rules governing the conduct of hearings, records to be made, and such other matters as it deems necessary.
3.180 Hearings, Record. Upon the disposition of any matter after hearing, the Council shall have prepared a written summary of its findings and decisions and enter the summary in the official Council minutes.
3.190 Duties of Clerk-Treasurer. The Clerk-Treasurer shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their election or appointment to office, certify to the County Auditor all appointments and the results of all City elections. The Clerk-Treasurer shall keep:
1) a minute book, noting therein all proceedings of the Council;
24
2) an ordinance book in which the Clerk-Treasurer shall record at length all ordinances passed by the Council; and 3) an account book in which the Clerk-Treasurer shall enter all money transactions of the City, including the dates and amounts of all receipts and the person from whom money was received and all orders drawn upon the Clerk-Treasurer with their payee and object. Ordinances, resolutions, and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Treasurer and can be accurately identified from the description given in the minutes. The Clerk-Treasurer shall act as the bookkeeper of the City, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances, and resolutions as may be required, and shall perform such other appropriate duties as may be imposed upon the Clerk-Treasurer by the Council. The Clerk-Treasurer shall sign the minutes of each meeting and upon demand of any Council member or the Mayor, shall deliver copies of such minutes to each Council member as soon as practicable after the meeting. With the consent of the Council, the Clerk-Treasurer may appoint a Deputy . In case of the Clerk-Treasurer’s absence or disability, the Council may appoint a Deputy Clerk- Treasurer, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk-Treasurer. The Deputy shall not be a member of the Council.
The Clerk-Treasurer shall receive and safely keep all monies belonging to the City, including monies received in operations of any municipal liquor dispensary maintained by the City, and shall promptly enter in a book provided for the purpose an account of all monies received and disbursed by the Clerk-Treasurer, showing the source and objects thereof with the date of each transaction. The Clerk-Treasurer shall pay out money only upon the written order of the Mayor and Clerk-Treasurer, or such other officers of independent boards or commissions as are authorized to issue orders in the case of board or commission operations. The Clerk-Treasurer shall retain as vouchers such orders when paid and cancelled. Such accounts and vouchers shall be exhibited to the Council upon its request. The Clerk-Treasurer shall deliver to Clerk- Treasurer’s successor all books, papers, and money belonging to the City. The Clerk-Treasurer shall immediately after the close of the calendar year make out and keep in the Clerk-Treasurer’s files, for public inspection, a report of the balances, receipts, and disbursements of funds for the year.
3.200 Approval of Minutes. At the next regular Council meeting following any regular or special meeting, approval of the minutes shall be considered by the Council. The minutes need not be read aloud if they were previously distributed to all members of the Council, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved.
3.210 Committees Designated. There shall be the following standing committees:
1) Street and Alley Committee
25 2) Park and Rec Committee 3) Cemetery Committee 4) Walter and Sewer Committee 5) Personnel 6) Weed Inspectors 7) Planning and Zoning Committee 8) Economic Development Authority
Committee members shall be appointed by the Mayor at the first regular Council meeting in January of each year.
3.220 Membership. Each committee shall consist of two members of the Council. Each committee member shall serve as appointed unless excused by a majority of the members of the Council. If the committee does not provide otherwise, committee meetings shall be held at the call of the chairman. The same notice shall be given of committee meetings as for special meetings of the Council, except that personal notice need not be given each member if the committee so decides.
3.230 Referral and Reports. Any matter brought before the Council for consideration may be referred by the presiding officer to the appropriate committee or to a special committee appointed by presiding officer for a written or oral report and recommendation before it is considered by the Council as a whole. Each committee shall act promptly and faithfully on any matter referred to it.
3.240 The elected officials of the City of Elgin and those municipal officers appointed for a regular term of office are included in the coverage of the Minnesota Worker’sWorker’s Compensation Compensation. Act.
26 Chapter 4 CEMETERY BOARD
4.010 Cemetery Board Created. A City Cemetery Board is hereby created consisting of the Council, whose duty it shall be to operate, maintain, manage, and conduct the cemetery, and to sell lots therein, and provide for the burial of the dead therein, and administer all funds for the same purpose and upon the same trusts for which the cemetery was originally created. The Mayor shall appoint two members of the Council to act as the Cemetery Committee.
4.020 Duties of the Committee. The Cemetery Committee shall operate, maintain, manage, and conduct the cemetery for the same purpose and upon the same trusts for which the cemetery was originally established.
4.030 Term of Office. The members of the committee shall be appointed by the Mayor at the first regular Council meeting of each year, and such terms shall continue until the first regular Council meeting of the succeeding year, or until their successors are appointed and qualified.
4.040 Rules of the Cemetery.
1) All lots shall be sold for a fee, the amount of which shall be set by the resolution of the City Council from time to time.
2) Each and every lot sold shall also include a fee for the perpetual care of said lot, and each fee shall be set by resolution of the City Council from time to time.
3) For all lots sold previously and for which there are no monies for perpetual care, there shall be a special assessment each year for the care, maintenance, and improvement of said lot, the amount of which shall be set by resolution of the City Council from time to time.
4) The City Council shall employ necessary personnel and fix their compensation.
5) The City Council shall acquire additional lands, as needed, to be used for cemetery purposes.
4.050 Funds. All monies received from fees for perpetual care shall be deposited in a special cemetery fund, which fund shall be used to purchase government securities. The interest from said fund and/or government securities shall be used for the care and maintenance of the cemetery.
4.060 Rules. The City Council, from time to time, may adopt such rules and regulations deemed necessary for the operation and maintenance of the cemetery, provided however, that they do not infringe upon the rights of the property owners.
27 Chapter 5 PARKS AND PARKWAYS
5.010 Firearms and Fireworks. No person shall fire or discharge any gun, pistol, or other firearm, or any rocket, torpedo, or other fireworks of any description, or send up any balloon or throw any stones or missiles, within the several parks or parkways, nor carry any firearms in any park.
5.020 Protection of Trees, Plants, and Structures. No person shall climb any trees, or pluck any flowers or fruit, whether wild or cultivated, or break, cut down, or trample upon or remove, or in any manner injure or deface any statue, ornament, tree, plant, shrub, flower bed, curb, or any of the buildings, fences, bridges, or other construction, within the several parks and parkways; nor shall any person write on any building, structure, statue, fence, bench, rock, or stone within such parks or parkways.
5.030 Traffic Regulation. The Council, in its discretion, may forbid any automobile, motorcycle, or other vehicle from entering, running, or traveling upon any of the park roads or pathways, or any public parkway of the City whenever deemed necessary by the Council for the safety of the public. The Council may, at its discretion, make such rules and regulations governing the speed of the said vehicles, while running or traveling upon any of the park roads or park pathways of said City, and may impose such other conditions or rules governing the use of such vehicles, while running or traveling upon any of such park roads or park pathways, as may be deemed by said Council necessary to the protection and safety of the public.
5.040 Signs Restricted. No person shall post or affix any printed or written bill or placard, notice, or other paper, or any sign, upon any tree, structure, or thing within the parks or parkways, or upon any gate, fence, or enclosure within the limits thereof except park notices and other authorized bulletins or signs put up by the direction of the City Council.
5.050 Restricted Areas. The parks and every part thereof are for the use and enjoyment of the public, subject to such restrictions as may be lawfully made for their orderly government, and therefore, all visitors are free to go upon the grass, lawn, or turf of any park or parkway except in any space indicated by visible lines of enclosure on which is posted a sign or placard bearing the words, “Keep out of this enclosure.”
5.060 Animals. No animal, except those placed in the parks by the authority of said Council, excepting dogs accompanying their owners or other persons having charge thereof and controlled by a line, chain, or strap, shall be conducted into or driven in the parks or parkways, or to be allowed to remain therein.
5.070 Rubbish, Etc. No dead carcass, filth, dirt, stone, wood, ashes, garbage matter, substance, or rubbish of any kind shall be placed or deposited on any park, boulevard, or parkway.
28 5.080 Definitions. The term “park” used in this chapter shall be construed to include all public ground and squares maintained as pleasure grounds in the City. The term “parkway” used herein shall be construed to include all the thoroughfares and park approaches subject to the jurisdiction and control of the City.
29 Chapter 6 CITY ELECTIONS
6.010 Date of Election. The regular City election shall be held biennially on the first Tuesday after the first Monday in November in every even-numbered year.
6.020 Terms of Office. Two Council members shall be elected for four-year terms at each biennial election commencing in 2006. The Mayor shall be elected for a two-year term at each such election.
30 Chapter 7 DUTCH ELM DISEASE
7.010 Declaration of Policy. The City Council has determined that the health of the elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm Disease. It has further determined that the loss of elm trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare, and convenience of the public. It is the intention of the Council to control and prevent the spread of this disease, and this section is enacted for that purpose.
1) Forester Position Created. The powers and duties of the City Forester as set forth in this section are hereby conferred upon the Mayor. The Mayor may designate a person or persons to perform the duties of Forester.
2) Duties of Forester. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Elm Disease. The Forester shall recommend to the Council the details of a program for the control of Dutch Elm Disease and perform the duties incident to such a program adopted by the Council.
3) Dutch Elm Disease Nuisance Declared. The following things are public nuisances wherever they may be found within the City:
a) Any living or standing elm tree or part thereof infected to any degree with Dutch Elm Disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes (Marsh).
b) Any dead elm tree or part thereof, including lots, branches, stumps, firewood, or elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide.
4) Abatement. It is unlawful for any person to permit any public nuisance as defined in Section 7.010 (3) above to remain on any premises owned or controlled by such person within the City, except as otherwise provided in Section 7.060 of this ordinance. Such nuisances may be abated in the manner prescribed by this section.
5) Inspection and Investigation, Annual Inspection. The Forester shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 7.010 (3) above exists thereon. The Forester shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles.
31 6) Entry on Private Premises. The Forester or Forester’s duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this section. 7) Diagnosis. The Forester shall, upon finding conditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. No action to remove infected trees or wood shall be taken until a reasonably certain diagnosis of the disease has been made.
8) Abatement of Dutch Elm Disease Nuisance. In abating the nuisances defined in this section, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm Disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with the current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
7.020 Procedure for Removal of Infected Trees and Wood; Warnings. Whenever the Forester finds with reasonable certainty that the infestation defined in Section 7.010 (3) exists in any tree or wood in any public or private place in the City, Forester shall proceed as follows:
1) If the Forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, the Forester shall make a written report of such findings to the Council, which shall proceed by: a) abating the nuisance as a public improvement under Minnesota Statutes Chapter 429, or b) abating the nuisance as provided in Section 7.010 (8) of this ordinance.
2) If the Forester finds that danger of infestation of other elm trees is imminent, Forester shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice, the Forester may abate the nuisance.
3) Notice; Hearing. Upon receipt of the Forester’s report required by Section 7.020 (1), the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. The notice shall be mailed to affected property owners and published once no less than a week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of 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 resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
4) Records. The Forester shall keep a record of costs of abatement and shall report monthly to the City Clerk all work done for which assessments are to be made, stating
32 and certifying the description of the land, lots, or parcels involved and the amount chargeable to each.
5) Assessment. On or before September 1st of each year, the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes §429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
7.030 Spraying Elm Trees, Duties of Forester. Whenever the Forester determines that any elm tree or elm wood within the City is infected with Dutch Elm fungus, Forester may treat all nearby trees with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible.
7.040 Transporting Elm Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this section will be served thereby.
7.050 Interference Prohibited. It is unlawful for any person to prevent, delay, or interfere with the Forester or Forester’s agents while they are engaged in the performance of duties imposed by this section.
7.060 Regulations and Construction.
1) Stockpiling Elm Wood. The stockpiling of bark bearing elm wood within the City limits of the City of Elgin shall be permitted during the period from September 15th through April 1st of any given year. Any such wood not utilized by April 1st of any year must then be removed and disposed of as provided by this ordinance and the regulations incorporated thereby.
2) Construction. Where the provisions of this ordinance conflict or are inconsistent with any other ordinance of the City, the provisions of this ordinance shall supersede, except in instances where one regulation is more restrictive than another, in which case the more restrictive shall apply and control
33 Chapter 8 BUILDERS OF SIDEWALKS, ETC.
8.010 Permit Required. No person shall build or rebuild any sidewalk, driveway, curb, curb- cut, or gutter in the streets, alleys, and public grounds without first securing a permit, approved by the City Council.
8.020 Property Owners. Property owners may make repairs on sidewalks in front of their respective properties by obtaining a permit from the City Clerk, such permit to be issued without charge.
8.030 Application for Permit. An application for a permit hereunder shall file with the City Clerk an application setting forth:
1) The name and address of the owner and person in charge or possession of the property abutting the proposed work area;
2) The name and address of the person who will do the work;
3) The location of the work area;
4) Detailed plans of the work proposed to be done;
5) The estimated cost of the work;
6) Such other information as the City Council shall find reasonably necessary to the determination of whether a permit should be issued.
8.040 Standards for Issuance. The City Council shall issue a permit hereunder when it finds:
1) That the work will be done according to the standard specifications of the City for the same or similar public work;
2) That the sidewalk, curb, curb-cut or driveway proposed will not constitute a traffic hazard or unreasonably impair or interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress to and from adjacent properties:
3) That the health, welfare and safety of the public will not be unreasonably impaired; and
4) That the person doing the work is properly qualified. If the City Council denies a permit, it shall forthwith notify the applicant in writing and shall set forth in such notice the reasons for denying the permit.
34
8.050 Supervision of City Council. All work for which a permit is granted hereunder shall be subject to the inspection, direction and supervision of the City Council.
8.060 Measuring Materials. Any contractor will be permitted to measure materials, either by weight or volume, shovel measurements not being permitted, and the construction shall be in accord with the specifications approved by the City Council and on file in the office of the City Clerk.
8.070 Work Let on Contract. No permit shall be required of a general contractor on construction or reconstruction in streets, alleys, and public grounds where the Council lets the above work by contract on approved plans and specifications.
8.080 Marking of Work. All contractors shall be required to use a suitable stamp for marking the completed work, such stamp to include their name and the year in which the work was completed.
8.090 Alterations Ordered by City Council. Whenever the safety, movement, or accommodation of vehicular and pedestrian traffic or the use, convenience, and necessity of the public require the City Council shall have the authority to order the owners or persons in possession of abutting property to alter, relocated, close, or discontinue the use of any curb-cut or driveway in such manner as he finds reasonably necessary under the circumstances. Notice to alter, relocate, close, or discontinue the use of any curb-cut or driveway shall be in writing, shall specify the change to be made, shall state the reasons for such change, shall require compliance within a reasonable time to be specified in the order and shall be served personally or by registered mail on the owner and person in possession of the abutting property. Upon failure of the owner or person in possession of the abutting property to comply with the order within the time specified or any authorized extension thereof, the City Council shall take such action as it deems necessary.
8.100 Maximum Driveway Width. No driveway shall be constructed in the City wider than 28 feet at the sidewalk line, such width being measured perpendicular to the direction of travel on the driveway. Adjacent driveways on the same lot or property shall be separated by a distance of at least 10 feet.
8.110 Appeals to Council. Any persons aggrieved by any action taken by the City Council in ordering the alteration, relocation, closing or discontinuance of the use of any curb-cut or driveway, may appeal to the Council by filing in the office of the City Clerk a notice of appeal specifying the grounds thereof. An appeal shall stay all proceedings in furtherance of the action appealed from. Such appeal shall be taken within 30 days of the date of the written notice of the City Council denying a permit or ordering action under 9.060. The person appealing shall be given an opportunity to be heard before the Council or before a committee of the Council to which the matter has been referred for review and recommendation. Thereafter the Council may affirm, reverse, or modify the action of the City Council.
8.120 Intent. It is the intent of this chapter reasonably to regulate access of abutting property to
35 and from the public streets in order to protect and promote the welfare and safety of the public and the movement of traffic on the public streets and to eliminate unreasonable traffic hazards.
36 Chapter 9 MAINTENANCE AND REPAIR OF SIDEWALKS
9.010 The term “current service” as used in this chapter means one or more of the following: snow, ice, rubbish removal from sidewalks, and repair of sidewalks.“Current Service” Defined.
9.020 Owner to Remove Snow, Etc. All snow, ice, dirt, and rubbish remaining on a public sidewalk more than 24 hours after its deposit thereon is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt, or rubbish to remain on the walk longer than 24 hours after its deposit thereon.
9.030 Removal of Snow, Etc. by Public Works Director. The street maintenance department may remove from all public sidewalks all snow, ice, dirt, and rubbish beginning 24 hours after any such matter has been deposited thereon or after the snow has ceased to fall. The department shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the City Clerk.
9.040 Owner to Repair Sidewalks. The owners of any property within the City abutting a public sidewalk shall keep the sidewalk in repair and safe for pedestrians. Repairs shall be made in accordance with standard specifications approved by the City Council and on file in the office of the City Clerk.
9.050 Inspections by Public Works Director. The Public Works Director shall make such inspections as are necessary to determine that public sidewalks within the City are kept in repair and safe for pedestrians. If he finds any sidewalk abutting on private property is unsafe and in need of repairs, he shall report to the City Council which shall cause a notice to be served, by registered mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside within the City or cannot be found therein, ordering such owner to have the sidewalk repaired and made safe within 30 days and stating that if the owner fails to do so, the Public Works Director will do so on behalf of the City, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned.
9.060 Repair by Public Works Director. If the sidewalk is not repaired within 30 days after receipt of the notice, the Public Works Director shall report the facts to the City Council and the Council shall by resolution order the Public Works Director to repair the sidewalk and make it safe for pedestrians or order the work done by contract in accordance with law. The Public Works Director shall keep a record of the total cost of the repair attributable to each lot or parcel of property and report such information to the City Clerk.
9.070 Owner Liability for Cost. The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service. As soon as the
37 service has been completed and the cost determined, the City Clerk shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable at the office of the City Clerk.
9.080 Assessment Cost. On or before October 15 of each year, the City Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this chapter. The Council may then spread the charges against the property benefited as a special assessment under Minnesota Statutes, §419.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
38 Chapter 10 MISCELLANEOUS STREET AND SIDEWALK REGULATIONS
10.010 Excavations. No person shall make any opening or excavation in or under any public street, sidewalk, or alley within the City, without first obtaining a permit from the City Clerk. In granting any such permit, the City Clerk shall specify the conditions to be complied with in connection with the opening or excavation.
10.020 Excavations to be Guarded. Every person who shall have charge of the construction of any excavation or obstruction adjacent to or under any sidewalk or street shall during the progress of such work cause such excavation to be securely guarded by a fence with at least two strings of good six-inch boards nailed not less than 18” apart to posts securely fixed in place; such posts shall be not more than six feet apart, and the top of the highest post shall be not less than four feet and a half from the surface of the sidewalk or street, and from one-half hour after sunset to one-half hour before sunrise shall illuminate such excavation or obstruction with red or yellow lights sufficient in number and so placed as to show the full extent thereof.
10.030 Removing Barricades. No person shall remove, throw down, run over, or interfere with any barricade or barricades lawfully directed or placed to guard any protect any grading, paving, sidewalk construction, street construction, or other work.
10.040 Injuring Uncompleted Construction. No person shall walk upon, drive, or ride over or cross any pavement in course of construction before the same has been opened for public travel, or over or across any uncompleted grading, or sidewalk construction which has not been opened for travel.
10.050 Removal of Sand, Etc. No person shall remove any sand, gravel, or earth from any street, sidewalk, or alley in the City.
10.060 Obstructions. No person shall encumber or obstruct any street, sidewalk, or alley in the City with any vehicle of any kind, machinery, box, firewood, lumber, posts, signs, awnings, merchandise, or other material or substance whatsoever, so as to hinder the free use by the public of such street, sidewalk, or alley.
10.070 Signs on Sidewalks. No person shall paint or stencil or cause to be painted or stenciled on any sidewalk in the City any signs or advertising devices. No person shall fasten or cause to be fastened upon the sidewalk or lamp post any signs or advertising devices.
10.080 Placing Objects on Public Highways. No person shall place, throw, or cause to be placed or thrown on any street, alley, sidewalk, or other public property, any glass, tacks, nails, bottles, or other substances or things that might wound any person or animal, or cut or puncture any pneumatic tire when passing over the same.
39 10.090 Spilling Substances in Streets. No person shall haul over the streets or alleys of this City any loose material of any kind, except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of any of the substances therein contained upon said streets or alleys.
10.100 Obstructing Sidewalks. No person shall leave or allow to be left any implements, tools, boxes, merchandise, goods, trash, cans, crates, corn poppers, peanut roaster, ice cream containers, advertising or showcases on any sidewalk or other public way longer than is necessary for loading or unloading the same.
10.110 Maintaining Sidewalk Level. No owner of any property having a sidewalk adjacent thereto shall permit any plank, brick, stone, or segment or said sidewalk to be raised above the established level of said sidewalk more than one-half inch, in any manner which might catch the foot of a pedestrian, or shall permit any holes or depressions to occur in the sidewalk in which a pedestrian might step or catch his foot in a manner liable to cause injury.
10.120 Public Works Director to Control Trees. The Public Works Director shall have, under the direction of the City Council, control and supervision over all trees bordering or overhanging all public street, alleys, highways, and sidewalks, and all grass plots bordering public streets, alley, highways, and sidewalks. The word “tree” as used herein shall be deemed to include shrubs.
10.130 Public Works Director May Order Work Done. Whenever the Public Works Director shall find that any tree located as aforesaid needs trimming, removal, treatment, or other care in order to preserve the same in good condition or to protect the public from danger or injury, he shall, upon direction of the Council, see that the necessary work is done. The Public Works Director shall keep an account of the cost of such work.
10.140 Permit Necessary to Remove and Trim Trees. No person shall trim, cut, or remove any tree which is under the supervision of the Public Works Director, or any part thereof, without first procuring from the Council a permit to do so, and no person shall exceed the authority conferred by such permit.
10.150 Authority of Public Works Director and Council to Issue Permit. Any person desiring a permit as required in Section 10.140 hereof shall make application therefore to the Public Works Director. If, in the opinion of the Public Works Director, the trimming or removal of trees mentioned is the said application is in the best interests of the City, the Director shall so advise the Council, which may authorize him/her to issue said permit, indicating with reasonable certainty the extent of the authority thereby confirmed. If the Director disapproves the issuance of such permit, the applicant therefore may appeal from the disapproval to the Council, and upon notice and hearing the Council shall either issue the permit or deny the permit.
10.160 Permit to Plant Trees in Public Ground. Any person desiring to plant any tree or trees in any public ground shall make an application to the Public Works Director for a permit to do so. If the Director approves the location and kind of tree, the Director shall issue the permit. If
40 the Director does not approve such application, the applicant may appeal from the disapproval to the Council in the same manner as set forth in Section 10.150.
10.170 Trees Menacing Public Safety to be Reported. Every property owner whose property abuts on a public street shall notify the Public Works Director at once when the condition of any tree thereon or in the grass plot adjacent thereto is in such condition as to be a menace to the public safety. Any tree whose branches are closer than 14 feet above the surface of any street, alley, or highway, or are closer than eight feet above the surface of any sidewalk, is hereby declared to be a menace to public safety. If a tree becomes a menace to public safety, the Council shall notify the owner to remove or trim the same. If said owner fails to do so within 30 days, the Council shall order the required work done. The cost of such removal shall be assessed against the abutting property pursuant to Chapter 429 of Minnesota Statutes.
10.180 Duty of Property Owners to Cut Grass and Weeds. Every owner of platted property abutting on any platted public street or alley shall cause the grass or weeds to be cut from the line of such property nearest to such tree or alley to the center of such street or alley. If the grass or weeds in such a place are 12 inches or more in height, it shall be prima facie evidence of the violation of this section.
10.190 Council May Order Work Done. If the Public Works Director finds weeds that are 12 inches or more in height, the Director shall cause a notice to be served by registered mail or by personal service upon the record owner of the property and the occupant, if the owner does not reside within the City or cannot be found therein, ordering such owner to have the weeds cut within 30 days and stating that if the owner fails to do so, the Public Works Director will do so on behalf of the City, that the expense thereof must be paid by the owner, and that if unpaid, it will be made a special assessment against the property concerned pursuant to Chapter 429 of Minnesota Statutes. If the weeds are not cut within 30 days after receipt of the notice, the Public Works Director shall report the facts to the Council and the Council shall by resolution order the weeds to be cut, or order the work done by contract in accordance with law. The Public Works Director shall keep a record of the total cost of the work done attributable to each lot or parcel of property and report such information to the City Clerk who shall specially assess such costs pursuant to Minnesota Statutes Chapter 429.
41 Chapter 11 WASTEWATER DISPOSAL SYSTEM
11.005 Purpose and Policy.
This ordinance sets forth uniform requirements for discharges into the City’s wastewater disposal system which enables the City to comply with all state and federal laws as well as the ordinances and requirements of the Plainview-Elgin Sanitary Sewer District.
The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the wastewater disposal system which will interfere with the operation of the system or of the Plainview-Elgin Sanitary District, or the use or disposal of sludge;
B. To prevent the introduction of pollutants into the wastewater disposal system which will pass through the system inadequately treated into receiving waters or the atmosphere or otherwise be incompatible with the system; and
C. To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
This ordinance provides for the regulation of discharges into the City’s wastewater disposal system through the issuance of permits to certain users, whether said permits are issued by the City or by the Plainview-Elgin Sanitary District, and through the enforcement of the general requirements for the other uses, authorizes monitoring and enforcement activities, requires user reporting and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
This ordinance shall apply to the City of Elgin, MN, and to persons outside the City who are, by contract or agreement with the City, users of the City’s wastewater disposal system. Except as otherwise provided herein, the superintendent shall administer, implement, and enforce the provisions of this ordinance.
11.010 Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as follows:
1) “BOD” (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C, expressed in milligrams per liter (mg/l).
2) Building Drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls
42 of the building and conveys it to the building sewer, beginning outside the inner face of the building wall.
3) Building Sewer. The extension from the building drain to the municipal sewer or other place of disposal.
4) Combined Sewer. A sewer intended to receive both wastewater and storm or surface water.
5) Connection. A residential, commercial, governmental, institutional, or industrial establishment which discharges its wastewater to the municipal sewer or the treatment works.
6) Compatible Pollutant. For purposes of establishing requirements for pretreatment, the term “compatible pollutant” means biochemical oxygen demand, suspended solids pH and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat such pollutants, and in fact does remove such pollutants to a substantial degrees. Examples of such additional pollutants may include:
Chemical oxygen demand Total organic carbon Fats, oils, and greases of animal or vegetable origin except as prohibited under Section 4.
7) Commercial User. Any connection such as a retail store, office, laundry, restaurant, or other like unit engaged in commercial business.
8) Commercial Waste. Normal domestic wastewater discharged by a non-residential or non-industrial user to the municipal sewer or treatment works.
9) District. In the Plainview-Elgin Sanitary District.
10) Easement. An acquired legal right for the specific use of land owned by others.
11) Garbage. Solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
12) Governmental User. Any user which is an agency of federal, state or local government discharging normal domestic strength wastewater.
13) Incompatible Pollutant. The term “incompatible pollutant” means any pollutant which is not a compatible pollutant.
43 14) Industrial Charge. User charge imposed on industrial users discharging wastes in concentrations greater than domestic strength for the proportionate OM&R costs of treating such wastes.
15) Industrial User. Entities that discharge into a publicly owned wastewater treatment works, liquid wastes resulting from the processes employed in industrial or manufacturing processes, or from the development of any natural resources, or any non- governmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contain toxic pollutants or poisonous solids, liquids, or gas in sufficient quantity to upset or interfere with the municipal wastewater treatment processes, including sludge disposal, to create a public nuisance, to cause a hazard to humans or animals or to create any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
16) Industrial Waste. Trade or process waste or non-domestic wastewater discharged from a unit of service with a stronger than domestic concentration as defined by the formula included in the appendix of this ordinance.
17) Institutional User. Any user other than commercial, governmental, industrial or residential users discharging primarily normal domestic strength wastewater.
18) Interference. The inhibition or disruption of the City’s wastewater disposal system process or operation which causes or significantly contributes to a violation of any requirement of the City’s or the District’s NPDES permit, or any state disposal system permit. The term includes prevent of sewage sludge use or disposal by the City in accordance with published regulations providing guidelines under Section 405 of the Clean Water Act (33 USC 1251 et. seq.) or any regulations developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more stringent state criteria applicable to the method of disposal or use employed by the City.
19) Natural Outlet. Any outlet into a watercourse, pond, ditch, lake, or other body surface or groundwater.
20) Normal Domestic Sewage. Wastewater characterized by wastes created in the preparation of foods, bathing, laundry facilities, and sanitary facilities, i.e, resulting from normal living functions, with a concentration as defined by the formula included in the appendix of this ordinance.
21) “pH” shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
22) National Pollutant Discharge Elimination System (NPDES) Permit. Any permit or equivalent document or requirements issued by the Environmental Protection Agency or where appropriate by the Minnesota Pollution Control Agency to regulate the discharge of pollutants.
44 23) Operation, Maintenance, and Replacement (OM&R) Costs. The costs of operating and maintaining the disposal system throughout the useful life of the system and determined in accordance with general accepted accounting principals, including replacement costs, but excluding payments of principal of and interest on obligations issued to finance the costs of acquisition and construction of the treatment works.
24) Minimum Charge. A charge levied to each connection which shall be applicable when the O&M user charge falls below a specified amount.
25) Person. Any individual, firm company, association, society, corporation, or group.
26) Pretreatment. Treatment of industrial wastewater to specified standards before introduction into the collection system.
27) Property Shredded Garbage. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in municipal sewers, with no particle greater than ½ inch in any dimension.
28) Replacement Costs. Costs incurred in obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the treatment works to maintain the capacity and performance for which the treatment works were designed and constructed.
29) Residential User. Area occupied as a single residence and any apartment or flat which is equipped with one or more fixtures for supplying sewer service separate from other users on the premises.
30) Sanitary Sewage. Water and water-borne wastes discharged into the sewage system from residences, business buildings, institutions, and industrial establishments.
31) Sanitary Sewer. A pipe or conduit designed and operated to carry sanitary sewage and industrial wastes.
32) Sewer Service Charge. Fee imposed on all users which is the sum of the user charge (or minimum charge, if applicable) and capital charge.
33) Shall: Mandatory; May: Permissive.
34) Slug: Shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration of flows during a normal operation.
45 35) Storm Sewer. A pipe or conduit designed and operated to carry water and/or surface runoff but not sanitary sewage.
36) Suspended Solids. 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.
37) Treatment Works. All facilities used by the district in the transport, storage, treatment, recycling and reclamation of sanitary sewage to remove pollutants, including the recycling, reused, or other ultimate disposal of the treated wastewaters and residues resulting from the treatment process.
38) User Charge. Fee imposed upon all users of the treatment works in a total amount sufficient to pay the costs of operation and maintenance, including costs of replacement, of the treatment works.
39) Wastewater. Water carrying both sanitary sewage and industrial wastes.
40) Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.
41) Combined Sewer. A sewer intended to serve as a sanitary sewer and a storm sewer.
42) Infiltration. Water entering the sewage system (including building drains and pipes) from the ground through such means as defective pies, pipe joints, connections and manhole walls.
43) Infiltration/Inflow (I/I). The total quantity of water from both infiltration and inflow.
44) Inflow. Water other than wastewater that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains, foundation drains, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, surface runoff, street wash waters or drainage.
11.020 Use of Public Sewers Required
1) No person shall place, deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City and human or animal excrement, garbage, or objectionable waste.
2) No person shall discharge to any natural outlet within the City or in any area under the jurisdiction of the City, any wastewater except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.
46 3) Except as hereinafter provided, no person shall construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.
4) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, shall at the owner’s expenses, install suitable toilet facilities therein and connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 90 days after the date of official notice to do so, provided that said public sewer is within 100 feet of the property line.
11.030 Private Wastewater Disposal
1) Where a public sanitary or combined sewer is not available under the provisions of Section 11.020, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of the article. Before commencement of construction of a private wastewater disposal system, the owners shall first obtain a written permit as is deemed necessary by duly authorized representatives of the City. The application for such permit shall be made on a form furnished by the City which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by duly authorized representatives of the City. A permit and inspection fee shall be paid to the City at the time the application is filed. The Council shall set the fee for such permit by resolution. A permit for a private wastewater disposal shall not become effective until the installation is completed to the satisfaction of the duly authorized representatives of the City. The duly authorized representatives of the City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the duly authorized representatives of the City when the work is ready for final inspection any before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the duly authorized representatives of the City. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the Department of Public Health of the State of Minnesota. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than 40,000 square feet provided, however, that the council may issue such permit where the area of the lot is more than 20,000 square feet but less than 40,000 square feet if the council finds that the refusal to issue such permit would cause an unreasonable hardship to the owner. In making such a decision, the council shall consider the cost of obtaining the additional area and the probable effect of issuing the permit on the surrounding land and water supply. No septic tank or cesspool shall be permitted to discharge to any natural outlet. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 11.020 (4), a direct connection shall be made to the public sewer within 90 days in compliance with Section 11.020 and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with
47 suitable material. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expenses to the City. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the health officer.
11.040 Wastewater Discharge and Sewer Permits
1) No person shall uncover, make any connections with or openings into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City.
2) There shall be two (2) classes of permits:
a) Wastewater Discharge Permits, as that term is defined by Section 6 of the Plainview-Elgin Sanitary District Ordinance, and
b) For all other users of the wastewater disposal system (called “Sewer Permit”).
The wastewater discharge permit, in industrial pretreatment program, is being administered by the district and the procedures and requirements for application, pretreatment, and compliance shall be as set out in the district’s ordinances or other regulations. Any violation of said ordinance or regulations established by the district shall be deemed to be a violation of this ordinance.
Other users of the wastewater disposal system shall make applications on a form furnished by the City. Sewer permit applications hall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City. A permit and inspection fee for a sewer permit shall be paid to the City at the time of the application is filed. The Council shall set the fee by resolution. All persons proposing to connect or to commence a new discharge to the wastewater disposal system shall comply with all requirements of the district for obtaining a wastewater discharge permit before connecting to or discharging into the wastewater disposal system.
11.045 Disposal of Septic Tank Sludge. The restrictions, requirements, and permit procedure for the discharge of material originating from septic tanks, sewage holding tanks, vaults, storage compartments or other similar facilities into the municipal sewer system or district collector sewers, shall be as provided in Section 3 of the Plainview-Elgin Sanitary District Use/Rate Ordinance, as now in effect or as hereafter may be modified.
11.050 Use of Public Sewers.
1) No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
48 2) No person shall discharge or cause to be discharged any waters or wastes that do not conform to the pretreatment standards established by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency, or the ordinances, regulations, ore restrictions established by the City. No sewage, water or waste, including commercial and industrial waste, shall contain any substance which is determined to be in violation of any state or federal pretreatment standards, the NPDES Permit requirements or which may otherwise be determined by the City or district to be unduly deleterious or harmful to the sewage system or operation of the sewage system. All major contributing industries discharging incompatible pollutants shall comply with applicable pretreatment requirements and standards.
3) In addition to the requirements of (2), no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
a) Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater disposal system or to the operation of the system. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the system or at any point in the system, be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, and sulfides.
b) Any waters and wastes containing toxic or poisonous solids, liquids or gases, including but not limited to pollutants identified in Section 307(a) of the Clean Water Act, in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the wastewater treatment plant.
c) Any waters or wastes having a pH lower than 5.5 or greater than 9.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage system.
d) Solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than one-half inch (½”) in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
49 e) Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other wastes are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair.
4) No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the City or the district that such wastes can harm either the sewers, wastewater treatment process or equipment; may cause a non-compliance with the district’s NPDES permit; have an adverse effect on the receiving stream; or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the wastewater treatment process, capacity of the wastewater treatment plant, degree of treatability of wastes in the wastewater treatment plant and other pertinent factors. The substances are:
a) Any wastewater having a temperature greater than 150 degrees F (65.6 degrees C) or causing, individually or in combination with other wastewater, the influent at the wastewater treatment plant to have a temperature exceeding 104 degrees F (40degrees C) or having heat in amounts which will inhibit biological activity in the treatment works resulting in interference.
b) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of fifty (50) mg/l or containing substances which may solidify or become viscous at temperatures between 32 degrees F and 150 degrees F (0 degrees C and 65 degrees C); and any wastewater containing oil, and grease concentrations of mineral origin of greater than 100 mg/L whether emulsified or not.
c) Any garbage that has not been properly shredded.
d) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not.
e) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the district in compliance with applicable state or federal regulations.
f) Materials which exert or cause:
i) Unusual concentrations of inert suspended solids such as, but not limited to Fullers earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate), in such quantities that they would cause disruption with the wastewater disposal system.
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ii) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
iii) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
iv) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.
g) Any waste water which creates conditions at or near the wastewater disposal system which violate any statute or rules, regulation or ordinance of any public agency or state or federal regulatory body.
h) Any slug load which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc) released in a discharge of such volume or strength as to cause inhibition or disruption in the wastewater disposal system. In no case shall a slug load have a flow rate or contain concentrations or quantities or pollutants that exceed for any time period longer than 15 minutes more than five (5) times the average 24-hour concentrations, quantities or flow of the user during normal operations.
i) Non-contact cooling water or unpolluted storm or ground water.
j) Any waste water having a BOD5 greater than 350 mg/L or having a suspended solid concentration of greater than 350 mg/L.
k) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
5) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this section, and which in the judgment of the City may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may:
a) Reject the wastes.
b) Require pretreatment to an acceptable condition for discharge to the public sewers.
c) Require control over the quantities and rates of discharge; and/or
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d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to review and approval of the City and subject to the requirements of all applicable codes, ordinances, and laws, including the requirements of Section 307(b) of the Clean Water Act.
6) Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, said, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
7) Where preliminary treatment of flow-equalizing facilities is provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
8) When required by the City, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City. The manhole 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.
9) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association and the Environmental Protection Agency’s “Test Procedures for Analysis of Pollutants” found in the Federal Register Issue of October 16, 1973 (40CFR136), and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls where as pH’s are determined from periodic grab samples.)
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11.060 Monitoring Facilities. Monitoring facilities to allow inspection, sampling, and flow measurement of the building, sewer and/or internal drainage system shall be provided and operated by all industrial users.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
The sampling and monitoring facilities shall be provided in accordance with the City’s requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following the written notification by the City, unless a time extension is otherwise granted by the City.
11.070 Pretreatment. Those required by the district ordinance to provide wastewater pretreatment shall comply with all requirements of the district’s ordinances, restrictions or requirements and any violation of said ordinance, restrictions or requirements shall be considered to be a violation of this ordinance.
11.080 Sludges Generated. Sludges, floats, skimmings, etc. generated by an industrial or commercial pretreatment system shall not be placed into the municipal sewer system. Such sludges shall be contained, transported, and disposed of by haulers in accordance with all federal, state, and local regulations.
11.090 Enforcement.
1) Slug or Accidental Discharges: Industrial users shall notify the City immediately upon having a slug or accidental discharged of substances or wastewater in violation of either this ordinance or the district’s ordinance, in order to enable countermeasures to be taken by the City to minimize damage to the wastewater disposal system, the municipal and the receiving waters. Such notification will not relieve users of liability for any expense, loss or damage to the municipal sewer system or treatment process, or for any fines imposed on the City on account thereof under any state or federal law, or under the regulations or ordinances of the district. Any user notified of a suspension of the wastewater treatment service and/or wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City shall take steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the municipal sewer, the wastewater disposal system, or the endangerment to any individuals. The City shall reinstate the wastewater treatment service only upon being notified by the district that the wastewater discharge permit has been reinstated, and upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the cause of the slug or accidental discharge and measures taken to prevent future occurrence shall be submitted to the City within 15 days of the date of occurrence.
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2) Whenever the City finds that any person has violated or is violating this ordinance, the district’s ordinance, the wastewater discharge permit issued by the district, or any prohibition, limitation requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the City which plan must be also satisfactory to the district, by the user.
3) Show Cause Hearing:
a) If the violation is not corrected by timely compliance, the City may order any user which causes or allows an unauthorized discharge to show cause before the City why the proposed enforcement action should not be taken. Notice shall be served on the user, specifying the time and place of hearing to be held by the board regarding the violation, the reason why the action is to be taken, proposed enforcement action, and directing the user to show cause before the board why the proposed enforcement action should not be taken. Notice of the hearing shall be served personally or by registered or certified mail at least 14 days before the hearing. Service may be made on any agent or officer of a corporation.
b) The City may, itself, conduct the hearing and take the evidence or may designate any of its members or any officer or employee to:
i) Issue in the name of the City, notice of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
ii) Take the evidence;
iii) Transmit a report of the evidence and hearing including transcripts and other evidence, together with the recommendations to the board for any action thereon.
c) Transcripts – any hearing held pursuant to this ordinance testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
d) After the City has reviewed the evidence, it may issue an order to the user responsible for the discharge, directing that following a specified time period, the sewer service be disconnected unless adequate treatment facilities, devices, or other related appurtenances shall have been installed or the existing treatment facility, devices, or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
54 e) Appeal to the City – Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this ordinance and shall be entitled to a written reply from the City.
Any decision of the duly authorized representatives of the City in the enforcement of this ordinance may be appealed to the council by filing a written petition with the clerk within 30 days of the duly authorized representative’s ruling. Such petition shall specify in detail the matter or matters involved on every ground or basis on which objections are made. Said petition shall show the names, addresses, and telephone numbers of all objectors and their attorneys at law or spokespersons. The filing of a petition in accordance with the requirements herein shall stay all proceeding unless the City’s duly authorized representative shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to the life or property or specifying other good reason.
The council shall fix a reasonable time for hearing of the petition or appeal, and give due notice of the tie and place of said hearing to the petitioners and to their duly authorized representative. The hearing shall be open to the public. Petitioner shall be given full opportunity to present evidence in support of their petition after which the representatives of the City may present evidence in support of this decision.
The council shall decide an appeal within a reasonable amount of time and notify the parties in writing. The minutes of the council shall constitute the official record of the petition, hearing a decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expenses.
In addition to the foregoing, all petitions of appeal shall contain a filing fee. The amount of said filing fee may hereafter be set by the board by resolution.
4) If any person discharges sewage, industrial waste or other wastes into the municipal sewer or district’s wastewater disposal system contrary to the provisions of this ordinance, or the district ordinance, or any federal or state pretreatment requirements, or any order of the City or the district, the City’s attorney may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief.
11.100 Penalties.
1) Any user violating any of the provisions of this ordinance, the district’s ordinance, or who has a discharge which causes a deposit, obstruction, damage, or other impairment to the municipal sewers or the district’s wastewater disposal system/pretreatment system shall become liable to the City for any expense, loss or damage caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this ordinance.
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2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this ordinance, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, meter, or method required under this ordinance shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or both.
11.110 Sewer Service Charges.
1) Sewer service charges and fees shall be set forth in the City’s schedule of charges and fees, to be prepared, from time to time, by persons designated by the City and approved by resolution of the City Council.
The council shall adopt by resolution charges and fees which may include:
a) Fees for monitoring, inspection and surveillance procedures;
b) Fees for permit applications;
c) Other fees as the duly authorized representatives, or the City Council may deem necessary to carry out the requirements contained in this ordinance.
Such fees shall be in addition to the rental charges provided for in Chapter 13 in the Elgin Code of Ordinances.
2) Costs of Treating Incompatible Wastes: Any additional costs caused by discharges to the municipal sewer or the treatment works of toxins or other incompatible wastes, including the cost of restoring wastewater treatment services, or the municipal sewer, clean-up and restoration of the receiving waters and environs, and sludge disposal shall be borne by the discharger(s) of said wastes, at no expense to the City.
11.120 Billings and Payments.
1) Statements for sewer service charges and fees, including the fees provided for herein, and the costs of flow, loading, capital charges, OM&R charges, and user fees shall be rendered quarterly for services of the sewage system. Such fees may be in addition to any charges made pursuant to, and provided in, Chapter 13 of the Elgin Code of Ordinances.
2) The amounts duly billed for sewer service charges and fees shall be payable on or before the 15th day of the month billing. Upon failure to pay the sewer charges duly billed, the City may certify the same to the county auditor of Wabasha County the sums due and owing for the sewer service furnished.
56 11.130 Metering and Reporting Requirements. The City shall have the right at all times to measure the characteristics and volume of sewage discharge by any unit of service, by installing meters or conducting tests, or by any other systems or techniques considered appropriate and necessary under the circumstances. Each residential, commercial, and industrial unit of service may be required to meter and sample its wastes and to conduct tests and provide such additional information as necessary to enable the City to conform to requirements of the Minnesota Pollution Control Agency and the United States Environmental Protection Agency.
11.140 New Connections to Sewage System. No premise shall be connected to the disposal system unless properly designed and constructed. No connections shall be permitted from such sources as roof leaders, yards, area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, storm waters, surface runoff, street wash waters or drainage.
No building or sewer permits or connections shall be allowed throughout the City unless the district has first determined that the district’s facilities have the available capacity and can adequately treat wastewaters to be discharged by said connection. If the district determines that the facilities are not adequate, then the City has the right to deny the permit application.
11.150 Pretreatment of Industrial Sewage. Each industrial unit of service or commercial unit of service discharging industrial waste shall conform to the pretreatment standards established by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency or the ordinances, requirements, regulations of the district. No sewage, including commercial and industrial waste, shall contain any substance which is determined to be in violation of any state or federal pretreatment standards incorporated by this ordinance, or the ordinances of the district, or which may otherwise be determined by the City or the district to be unduly deleterious or harmful to the operation of the municipal sewer, the sewage system or the treatment works.
11.160 Exclusion From Use of Treatment Works. Any unit of service discharging wastes in violation of Section 11.050 or otherwise detrimental to the municipal sewer or treatment works shall be required to discontinue the discharge of such substance or substances. If, after 10 days notice in writing, delivered to the owner or occupant at the premise receiving service, such user continues to discharge such substances into the sewage system, and whether or not notified by the district, the City shall notify the user that he shall be subject to immediate exclusion from further use of the municipal sewer system or treatment works and to any other legal remedy or sanction permitted by law.
11.170 Interpretation. The provisions of this ordinance shall be interpreted whenever possible as being in conformity with applicable federal, state, and local regulations and with other ordinances that may be adopted from time to time by the City prescribing additional terms and conditions for users of the treatment works. If any portion of this ordinance shall be adjudged invalid, such invalidity shall not affect the remaining portions.
57 11.180 Protection from Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the sewage system.
11.190 Powers and Authority of Inspections.
1) Duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The City shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
2) While performing the necessary work on private properties referred to in (1) above, the duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in 11.050(8).
3) The duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
11.200 Additional Remedies. Should the City suffer any harm, damage, disbursement, expense, cost, penalty, fine, assessment, or other liability as a result of the acts or omissions of any user of the municipal sewer system, then such user will be required to indemnify and hold the City harmless from any and all of the foregoing. The remedy provided for in this provision specifically includes, but it not limited to, any losses resulting from the violation of this ordinance, the district ordinance, or any other applicable regulation, statute, or other standard established by any body, instrumentality, or agency.
11.210 Nothing contained in this ordinance shall relieve any user of the obligations to comply with existing wastewater treatment permits issued by the City of Elgin until such time as the issuance of wastewater treatment permits by the Sanitary District.
58 Chapter 12 SEWER RATE
The Sewer/User Rate Ordinance for Plainview-Elgin Sanitary District, one copy of which is on file with the City Clerk, is hereby adopted and made part of this ordinance as if fully set forth herein.
12.010 Declaration of Intent. These rules, regulations and rates are declared to be necessary for the efficient, economic and safe operation of the City’s wastewater disposal system, and for the protection of the health, safety, and general welfare of the public. The rates and charges hereby imposed are intended to distribute the costs of operation and maintenance of the wastewater disposal system in the most proportionate manner possible upon all users of the wastewater disposal system and in compliance with applicable standards and regulations of the State of Minnesota Pollution Control Agency and the United States Environmental Protection Agency.
12.020 Definitions. The terms used in this ordinance shall have the meanings given them in this section unless a different meaning is indicated by the context in which the particular term is used.
1) “Capital Charge”. A fee imposed by Section 3 hereof upon all connections to the wastewater disposal system in a total amount sufficient to pay the cost of principal and of interest obligations issued to finance construction of the wastewater disposal system improvements, including the City share of construction costs of sanitary district facilities.
2) “Capital Costs”. Payments of principal and of interest on obligations issued to finance the costs of construction of the wastewater disposal system improvements, including the City share of construction costs of sanitary district facilities.
3) “Connection”. A residential, commercial, industrial, governmental, or institutional establishment served by connections to the municipal water and wastewater systems.
4) “Commercial User”. Any connection such as a retail store, office, laundry, restaurant, or other like unit engaged in commercial business.
5) “Commercial Wastewater”. Normal domestic wastewater discharged by a non- residential or non-industrial unit of service into the wastewater disposal system.
6) “Disposal System”. The wastewater collection and treatment system, including lift stations, force mains, interceptors, and equipment and structures at the treatment plant, and is the entire system of treatment and conveyance equipment, parts of which are owned by Elgin, and parts of which are owned by the sanitary district.
59 7) “Domestic Strength Wastewater”. Wastewater characterized by wastes resulting from normal living functions (preparation of food, bathing, washing clothes, sanitary facilities), the strength of which is defined by the equation in the appendix to this ordinance.
8) “Equivalent Connection”. A connection to the sanitary sewer system which is served by a ¾” water meter, and is a measure of potential usage to that ¾” meter.
9) “Fixed MN&R Costs”. OM&R costs associated with the conveying, pumping, treating, and discharging of infiltration/inflow (I/I), to be determined by multiplying total OM&R costs attributable to volume by the ratio of I/I to total flow.
10) “Governmental User”. Any connection of an agency of federal, state, or local government discharging domestic strength wastewater.
11) “Industrial User”. Any connection that discharges into a publicly owned wastewater treatment works, liquid wastes resulting from the processes employed in industrial or manufacturing processes, or from the development of any natural resources, or any non-governmental user of a publicly owned treatment works which discharges wastewater to the treatment works which contain toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity to upset or interfere with the municipal wastewater treatment processes, including sludge disposal, to create a public nuisance, to cause a hazard to humans or animals, or to create any hazard in or has an adverse effect on the waters receiving any discharge from the treatment works.
12) “Industrial User Charge”. A charge imposed on an industrial user which exceeds domestic strength as determined by the equations in the appendix of this ordinance.
13) “Industrial Waste”. Non-domestic waste from an industrial user which exceeds domestic strength as determined by the equations in the appendix of this ordinance.
14) “Institutional User”. Any connection of other than commercial, governmental, industrial, or residential users discharging domestic strength wastewater.
15) “Minimum User Charge”. A charge independent of volume usage imposed on users whose volume usage is zero and is applied in place of the user charge to recover fixed operation, maintenance, and replacement (OM&R) costs of the disposal system when the user notifies the City beforehand of the upcoming period of zero usage.
16) “Operation, Maintenance, and Replacement (OM&R) Costs”. The current, reasonable, and necessary costs of operating and maintaining the wastewater disposal system throughout the useful life of the system, as determined in accordance with general accepted accounting principles, including replacement costs, but excluding payments of principal of and interest on obligations issued to finance the costs of acquisition and construction of the wastewater disposal system.
60 17) “Replacement Costs”. Those costs incurred in obtaining and installing equipment, accessories, or appurtenances which are necessary during the design or useful life, whichever is longer, of the wastewater disposal system to maintain the capacity and performance for which the wastewater disposal system was signed and constructed.
18) “Residential User”. Any area occupied as a single residence, and any apartment which is equipped with one or more fixtures for supplying sewer service separate and distinct from the other users on the premises.
19) “Sanitary District”. The Plainview-Elgin Sanitary District.
20) “Sewer Service Charge”. The charge imposed on all users which is the sum of the user charge (or minimum charge, if applicable) and the capital charge.
21) “Treatment Plant”. The facility forming a part of the wastewater disposal system which is utilized primarily to treat wastewater flows.
22) “User Charge”. The fee imposed by Section 3 hereof upon all units of service of the treatment works in a total amount sufficient to pay the costs of operation and maintenance of replacement of the wastewater disposal system.
12.030 Sewer Service Charge. A sewer service charge is hereby imposed upon all users in a total amount sufficient to pay the costs of operation, maintenance, and replacement (OM&R) costs and capital costs of the disposal system.
Sewer service charge shall consist of the sum of the capital charge and user charge. In certain cases, user charge may be replaced by either the minimum user charge or the industrial user charge, as described in Section 4.5 and 4.6 of the Wastewater Rate System Report.
1) “Capital Charge”. Shall be imposed on all connections and shall be sufficient to recover capital and interest costs of the construction of the disposal system. Costs to be recovered shall consist of costs for the City independent of usage by dividing the annual cost of capital repayment (including interest) by the number of equivalent connections, said equivalent connections being determined according to the following table:
ELGIN CAPITAL CHARGE OF 1989
To recover the 1989 capital debt of $109,490, Elgin is responsible for 22% (or $24,088). The capital charge for 1989 shall be recovered as follows:
Meter Size No. of Equivalent No. of Equivalent Annual Quarterly Connections per Connections Charge Charge Meter ¾” $252 1.0 252 $84.52 $21.13 1” (4 meters) 1.5 6 $31.70 1½” (1 meter) 2.8 3 $59.16
61 3” (3 meters) 8.0 24 $169.04 285 Since the capital debt for 1989 is in the amount of $24,088, the capital charge per equivalent connection equals $84.52 for the year ($24,088 divided by 285 equivalent connections).
2) “User Charge”. Shall be imposed on all connections to recover annual OM&R costs and shall be based upon flow and load characteristics of sewage discharged by each user. Flow shall be determined by winter water, meter readings, and uniform rate of the user charge shall be determined by the following rate:
ELGIN USER CHARGE
A. Unit Rate for Components
Item Annual District Local Total Annual Unit OM&R Cost OM&R Cost OM&R Costs Quantities Rate
Flow $ 9,282 (30%) $5,000 $14,282 28.8 MG $495.90/MB BOD 12,376 (40%) 12,276 81,760 LB 15.14/100 LB SS 9,282 (30%) 9,282 52,195 LB 17.78/100 LB $30,940 $35,940
B. Domestic Strength Wastewater
Item Unit Rate Domestic Unit Rate for Concentration Domestic Strength Wastewater
Flow $495.90 per MG $ 496 per MG BOD 15.14/100 LB 132/lb/.043 MG 465 SS 17.78/100 LB 143/lb/.043 MG 591 $1,552 per MG $1.55 per 1000 gallon
SUMMARY:
1. Typical user with a ¾” meter will pay $21.13 per quarter plus $1.55 per 1000 gallons of wastewater.
2. The creamery will pay $169.04 per quarter.
3. Capital charge, plus the greater of either of the following:
3) “Minimum User Charge”. Shall be an amount necessary to recover the fixed OM&R costs of the disposal system, which shall be the costs associated with the handling of I/I, including pumping, and administration for billing. Minimum User
62 Charge shall be levied against all users of zero usage who notify the City of the period of zero usage beforehand, to be a minimum of one month, and shall be determined by the method described in Section 4.5 of the Wastewater Rate System Report.
4) “Industrial User Charge”. Shall be applied to significant industrial users whose waste is routinely monitored as part of the industrial pretreatment program and shall become applicable as the rate-determining method when the industrial waste is stronger than domestic strength and the industrial charge as determined by the method described in Section 4.6, of the Wastewater Rate System Report is greater than the user charge to the industry determined by the method described in Section 4.4.
12.040 Billings and Payments.
1) Statements for all sewer service charges shall be rendered for services of sewage system.
2) The amounts duly billed for sewer service shall be payable monthly on or before the 15th of each month of billing. Upon failure to pay the sewer charges duly billed before the first day of the next month, there shall be imposed a service charge of $20.00 for each month that the billing remains unpaid. In addition, the City Council may certify to the Wabasha County Auditor the sums due and owing for sewer service furnished, including penalties, to said premises, which premises shall be described in said certificate with directions for collection for the City with other taxes levied against said premises. Additionally, because the City is included in the Plainview-Elgin Sanitary Sewer District and receives an annual billing from the District, the City shall have the right to make the charges payable on the date of the District’s billing.
Sewer charges shall be the obligation of the owner, lessee, and occupant of the premises served and all of them. In the alternative, the City may, by its Council, bring an action in any court of competent jurisdiction against the owner, lessee, or occupant of the premises served, or all of them, for collection of delinquent sewer charges together with reasonable attorney’s fees.
3) Each user shall be notified annually of the portion of the sewer service charge attributable to operation and maintenance costs.
12.050 Review and Amendment of Charges. An annual audit shall be made of the treatment works, including such detail as is necessary and appropriate to determine the annual fixed costs to be applied in determining the minimum charge (as provided for in Section 4.5 of the Wastewater Rate System Report) and annual operation and maintenance costs. As soon as practicable following receipt of the report of audit, the City Council shall review the sewer service charge for sewage service imposed hereby and review the same as necessary to insure their continuing compliance with all applicable state and federal regulations. The City Council shall have the authority to amend, increase or decrease, as the case may be, the sewer fees and charges by resolution.
63 12.060 Metering and Reporting Requirements. The City shall have the right at all times to measure the characteristics and volume of sewage discharged by any unit of service by installing meters or conducting tests, or by any other systems or techniques considered appropriate and necessary under the circumstances. Each residential, commercial, and industrial unit of service may be required to meter and sample its wastes, and to conduct tests and provide such additional information as necessary to enable the City to conform to requirements of the Minnesota Pollution Control Agency and the United States Environmental Protection Agency, or the ordinances or regulations of the sanitary district. Flow equivalent units determined by the City Council will be used as a basis for determining the flow of sanitary sewage from residential connections. Flow from all other connections shall be determined on the basis of actual quarterly wastewater meter readings.
12.070 New Connections to Sewage System. No premise shall be connected to the sewage system unless properly designed and constructed. No connections shall be permitted from such sources as roof leaders, yards, area drains, foundation drains, cooling waster discharges, drains from springs and swampy areas, manhole covers, cross-connections from storm sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage.
12.080 Pretreatment of Industrial Sewage. Each industrial unit of service, or commercial unit of service discharging industrial waste shall conform to the pretreatment standards established by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency, or the ordinances or regulations of the Plainview-Elgin Sanitary District. No sewage, including commercial and industrial waste, shall contain any substance which is determined to be in violation of any state or federal pretreatment standards incorporated above, in violation of the current Sewer Use Ordinance of the Plainview-Elgin Sanitary District, or which may otherwise be determined by the City to be unduly deleterious or harmful to the operation of the sewage system or treatment works.
The Plainview-Elgin Sanitary District shall enforce the industrial pretreatment program in Elgin and shall notify the City of all fees and charges to each industry to conduct the program, which shall be added to the industry’s sewer service charge.
12.090 Exclusion From Use of Treatment Works. Any unit of service discharging wastes in violation of the sewer use ordinance or otherwise detrimental to the treatment works shall be required to discontinue the discharge of such substance or substances. If, after ten (10) days notice in writing, delivered to the owner or occupant at the premises receiving service, such user continues to discharge such substances into the sewage system, that user shall be subject to immediate exclusion from further use of the treatment works and to any other legal remedy or sanction permitted by law.
12.100 Disposition of Revenue. All amounts received from collection of sewer service charges shall be credited upon receipt to a special fund, separate from all other funds of the City, and used solely for the payment of the costs of capital repayment, operation, maintenance, and repairs of the treatment works. Revenues generated for equipment replacement shall be reserved in a special account. Revenues generated by the capital charge shall be held apart and dedicated to the recovery of capital expenditures.
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Interest income generated by the equipment replacement account shall remain in the equipment replacement account.
12.110 Interpretation. The provisions of this ordinance shall be interpreted whenever possible as being in conformity with applicable federal, state, and local regulations, and with other ordinances that may be adopted from time to time by the City Council of the City of Elgin prescribing additional terms and conditions for users of the treatment works. If any portion of this ordinance shall be adjusted invalid, such invalidity shall not affect the remaining portions.
12.120 Protection From Damage. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage system.
12.130 Powers and Authority of Inspections.
1) Duly authorized employees of the City of Elgin bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The City shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
2) While performing the necessary work on private properties referred to in Section 12.130 above, the duly authorized employees of the City of Elgin shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by City personnel.
3) The duly authorized employees of the City of Elgin bearing proper credentials and indemnification shall be permitted to enter all private properties through which the City of Elgin holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
12.140 Penalties.
1) Any person who shall violate any section of this ordinance shall be subject to penalties described in the municipal code.
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2) Any person violating any of the provisions of this ordinance shall also be liable to the municipality for any expense, loss, or damage occasioned by the municipality by reason of such violation.
12.150 Validity. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given without such invalid part or parts.
66 APPENDIX TO SEWER RATE ORDINANCE DEFINITION OF DOMESTIC STRENGTH SEWAGE
Domestic strength wastewater is wastewater with the following concentrations of Biochemical Oxygen Demand (BOD) and Suspended Solids (SS):
BODt – BODi = Domestic Strength BOD, LB/MG Qt – Qi
SSt – Ssi = Domestic Strength SS, LB/MG Qt – Qi
BODt, SSt, Qt: The total quantities of BOD, SS, and billable flow discharged to the treatment plant over a specified time period, measured in lb. and million gallons (MG). Flow does not include I/I.
BODi, Ssi, Qi: The industrial quantities of BOD, SS, and flow discharged to the treatment plant over a specified time period, measured in lb. and million gallons (MG).
67 Chapter 13 WATER CHARGES AND SERVICE
13.000 Private Water Service.
1) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public water main shall at the owner’s expense install suitable connections therein and connect such facilities with the proper public water service, in accordance with the provisions of this ordinance, within 90 days after date of official notice to do so, provided that said public water is within 100 feet of the property line.
2) Where a public water main is not available under the provisions of section 1 above, the building may be connected to a private water service complying with the provisions of this article. Before commencement of construction of a private water system, the owner shall first obtain a written permit as is deemed necessary by the City of Elgin Public Works Director. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, or other information as are deemed necessary by the City of Elgin Public Works Director. A permit and inspection fee shall be paid to the City at the time the application is filed. The Council shall set the fee by resolution. A permit for a private water service shall not become effective until the installation is completed to the satisfaction of the City of Elgin Public Works Director. The City of Elgin Public Works Director shall be allowed to inspect the work at any stage of construction, and in any event, the applicant for the permit shall notify the City of Elgin Public Works Director when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the City of Elgin Public Works Director. The type, capacity, location, and layout of a private water service shall comply with all recommendations of the Department of Public Health of the State of Minnesota. At such time as a public water service becomes available to a property served by a private water service as provided in section 1 above, a direct connection shall be made to the public water service within 90 days in compliance with this Chapter 14 of the Elgin City Code. The owner shall operate and maintain the private water service facilities in a sanitary manner at all times at no expense to the City.
13.010 Meters Required and Rate Charges for Usage. All water shall be measured by meters, which it shall be the responsibility of owners, lessees, or occupants of any parcel of land, building, or premises having a connection with the municipal water system, whether directly or indirectly, to purchase and install at the owner’s lessee’s, or occupant’s expense. Payment therefor shall be collected as part of the water service charge or rental payment hereinafter set forth. The City shall repair, maintain, and replace the meter as necessary, at the City’s cost.
68 If a property owner desires, the owner can install, at the owner’s sole expense, a second water meter on the outside of the owner’s dwelling which shall be used to measure the water used outside of the dwelling. The City Public Works Department shall cause the outside meter to be read, as well as the meter inside the dwelling, during the summer months of June, July, and August to more accurately reflect the actual water usage during those months.
There is hereby levied and assessed against each lot, parcel of land, building or premises having a connection with the municipal water system, whether directly or indirectly, a water service charge or rent payable as established by the City Council by resolution.
1) The rates and charges as established by the resolution of the City Council shall be effective upon the publication thereof and the posting of the same in three (3) public places within the City limits.
2) The City Clerk shall have on file at the City Hall a copy of the resolution so adopted and the same shall be open to public inspection.
3) A multiple dwelling shall be a dwelling occupied by two (2) or more families or individuals with separate living units.
4) In all cases in which multiple businesses, or multiple family units, are using water through a single meter, each business or each family unit shall be charged a minimum and the excess over the number of businesses or family units multiplied by the number of minimum gallonage shall be divided equally among said units.
5) In all cases in which multiple businesses or multiple family units occupy a building, the individual business or individual family unit shall be sent a bill for their proportionate share of the water rental charges, a copy thereof shall be sent to the owner of the premises. Should notices be sent in any other manner than therein provided, requests shall therefore be delivered to the City Council in writing, said writing placed on file.
13.020 Payment and Collection. The rental rates or charges herein set forth shall be payable monthly on or before the 15th of each month of billing. Upon failure to pay the water charges duly billed before the first day of the next month, there shall be imposed a service charge of $20.00 for each month that the billing remains unpaid. In addition, the City Council may certify to the Wabasha County Auditor the sums due and owing for water service furnished, including penalties, to said premises, which premises shall be described in said certificate with directions for collection for the City with other taxes levied against said premises.
Water charges shall be the obligation of the owner, lessee, and occupant of the premises served and all of them. In the alternative, the City may, by its Council bring an action in any court of competent jurisdiction against the owner, lesseee, or occupant of the premises served, or all of them, for collection of delinquent water charges, together with reasonable attorney’s fees.
69 13.030 Enter Upon Premises. The council or its duly authorized representative shall have the right and privilege of entering in or upon any premises from which connection is made to its water system for the purpose of inspection relative to the connection and use of said water system, and water therefrom, at all reasonable hours.
13.040 Applications for Service. Application for a water service installation and for water service shall be made to the City Clerk on forms prepared by the City Clerk and furnished by the City. Every person applying for water service from the municipal water system and every owner of property for which said application is made shall be deemed by such application to consent to all ordinances, rules, and regulations of the City as conditions for the use of such water.
All accounts shall be carried in the name of the owner of the property who shall personally, or by his or her authorized agent, apply for such water service. The owner shall be liable for water supplied to his premises and property, whether he or she is occupying the property or not, and any charges unpaid shall be made a lien upon the property.
13.050 Consideration of Application. The council shall pass upon and accept or reject the application. No application will be accepted unless the property where the service is desired abuts on a street or alley where there is already installed a water main from which the service desired may be secured.
13.055 Commercial and Industrial Users. Before any commercial or industrial connection shall be made, and annually thereafter, the Council shall ascertain the approximate periodic usage of water by such user. If the anticipated annual use exceeds the normal use for which rates in Section 13.010 are established, the Council may negotiate a contract with the user requiring payment of an amount reasonably adjusted to the anticipated annual use. If such user refuses to enter into the contract after notice and hearing before the Council, the Council may upon reasonable notice discontinue service.
13.060 Separate Connection for Each Premise. Unless special permission is granted by the Council, each premise shall have a separate and distinct service connection, and where permission is granted for branch service system, each must have its own separate switch or curb cock, as the case may be.
13.070 Cost of Installation. Any person desiring a connection with the water system shall be to the Clerk a sum of money to cover all expenses of making connection between the main and the applicant’s property line. The said sum shall be set by resolution of the City Council. The cost of installation of all plumbing from the property line to the point of use by the consumer, as well as all repairs to the same, shall be borne entirely by the consumer. All plumbing shall, at all reasonable times, be subject to inspection by the duly authorized representative of the Council. Any repairs found to be necessary by such representative shall be made promptly or the City will discontinue service.
13.080 Use of Water Without Authority. No persons shall use water from any premises without the consent of the owner. No person, except persons authorized by the Council, shall
70 draw water from the City water system. No person, except an authorized representative of the City shall turn on or off or tamper with any curb cock.
13.090 Shut-Off for Non-Payment.
1) The City shall endeavor to collect delinquent accounts promptly. In any case where satisfactory arrangements for payments have not been made, the appropriate officers or employees of the City may, after the procedural requirements of subdivision 2 have been complied with, discontinue service to the delinquent customer by shutting off the water at the curb stop. When water service to any premise has been discontinued, service shall not be restored except upon the payment of all delinquent amounts due plus a fee for disconnection and reconnection. The fee shall be set by resolution of the City Council.
2) Procedure. Water shall not be shut off under subdivision 1 until notice and an opportunity for a hearing have first been given to the occupant, and in the case of non- owner occupied premises, the occupant and owner of the premises involved. The notice shall be served either personally, or by certified mail, return receipt requested, and shall state that if payment is not made before a date stated in the notice, but not less than 14 days after the date on which the notice is given, the water supply to the premises will be shut off. The notice shall clearly inform the customer of the available opportunities to present to the City the objections to the bill, and shall identify the telephone number, address, and officer or employee who will handle the customer’s complaint and who has the authority to review the facts and files, to correct any errors in the billing, and to arrange for credit terms. The notice shall state that the occupant may before such date demand a hearing on the matter, in which case the supply will not be cut off until after the hearing is held. If the customer requests a hearing before the date specified, the hearing shall be held on the matter by at least one week after the date on which the request is made. If as a result of the hearing, the Council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this ordinance, the City may shut off the supply.
13.100 Water System Curb Stop and Waste Cocks. There shall be a curb cock in every service line attached to the water mains, the same to be placed as near as possible to the curb if on a street, or within one foot of the alley line if the main is located in an alley. The City Public Works Director shall approve of any installation of curb stops. If an owner locates a curb stop in concrete and repairs or maintenance are necessary, the owner shall solely bear the cost of any such repairs or maintenance.
Curb cocks shall be supplied with strong and suitable “T” handles, and shall be enclosed in a substantial iron case covered with a tight fitting iron lid, with the letter “W” cast upon it. There shall be one or more stop and waste cocks attached to every supply pipe, at some point between the curb cock and the consumer’s building so that the water can be shut off and the building’s plumbing entirely drained.
71 Before doing any repair or maintenance to a homeowner’s real property, a homeowner must contact City Hall to locate the curb stop to make sure that there is no damage caused to the curb stop. In the event that a homeowner causes damage to a curb stop, the homeowner shall solely bear all of the cost of repair and/or replacement, including an upright and repair/maintenance of two feet of pipe on either side of the curb stop.
13.110 Water System Check Valves. Check valves are hereby required on all water connections to steam boilers or on any other connections deemed by the Public Works Director to require one. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of fifty pounds per square inch.
13.120 Use of Water During Fire. It is hereby declared to be unlawful for any person owning or occupying premises connected to the municipal water system to knowingly use or allow to be used during a fire any water from said water system, except for the purpose of extinguishing said fire, and upon the sounding of a fire alarm, it shall be the duty of every such person to see that all water services are tightly closed, and that no water is used except for necessary household purposes during said fire.
13.130 Consent to Regulations. Every person applying for water service from the City system, and every owner of property for which such application is made, shall be deemed by such application to consent to all the rules, regulations, or rates duly adopted.
13.140 Amount and Basis of Charge. The council may, by resolution, increase, diminish, or change the amount and basis of the water service charges herein established from time to time.
72 Chapter 14 POOL HALLS, BILLIARD HALLS AND BOWLING ALLEYS
14.010 Scope. This ordinance shall apply to any place where one or more billiard or pool tables or bowling alleys are operated or maintained except for private family use, whether such place is a social club, or a business enterprise operated for profit.
14.020 Definitions. Except as otherwise indicated by the context, the following definitions shall apply throughout this ordinance:
“Billiard Hall”, “Bowling Alley”, and “Pool Hall” shall include any place to which this ordinance applies, as set out in 14.010.
“Person” shall include persons, firms, and corporations and associations.
14.030 Permission of Council Required. No billiard hall or bowling alley or pool hall shall be maintained or operated without a license. The fee for such license shall be set by the City Council by resolution. Fees for licenses issued July 1 or later in any calendar year shall be one- half the annual fee.
14.040 Applications. Applications for such licenses or permits shall be filed with the clerk. The owner of the billiard hall, pool hall, or bowling alley, or in case of a corporation or association, a majority of the board of directors or other governing body, and also the person who is to be in charge of the billiard hall, pool hall, or bowling alley, shall sign and swear to the truth of such application. The application shall contain the following information:
1) Names, residences, and occupations for the last five (5) years of the owner of the billiard hall, pool hall, or bowling alley, or if owned by a partnership, of the partners, or if owned by a corporation or association, of the executive officers, directors, and manager of the billiard hall, pool hall, or bowling alley, and of such stockholders as, collectively, own seventy-five percent (75%) of the capital stock.
2) Whether any of the persons listed above in answer to (1) has been convicted of a felony, and if so, the date and place of such conviction and the offense.
3) Whether any of the persons listed above in answer to (1) is a habitual user of intoxicating liquors or narcotic drugs.
4) Whether any of the persons listed above in answer to (1) has ever operated or been employed in or connected with a pool or billiard hall or bowling alley in this municipality or in any other place, and, if so, the name of the place, date of such
73 connection, and whether the license of such hall or alley was revoked during such connection.
5) Such other information as the council may require from time to time. Any falsehood in such application, or any willful omission to state any information called for on such application form, shall render any license or permit issued thereunder void and of no effect to protect any person from prosecution for violation of this ordinance.
14.050 Refusal of License. No license or permit will be issued to any person or persons singly or as a group, unless and until the council shall be satisfied:
1) That all persons to be connected with the operation of the billiard hall, pool hall, or bowling alley are responsible and of good moral character.
2) That no person to be connected with the operation thereof is a habitual user of intoxicants or narcotics, or has ever been convicted of a felony.
3) That neither the person to whom, or firm or association to which, the license or permit is issued, nor any person employed by or connected with it, has within five (5) years immediately preceding suffered a revocation of any license or permit for the operation of a billiard hall, pool hall, or bowling alley, either in this municipality or any place else.
4) That the proposed billiard hall, bowling alley, or pool hall complies, as to construction, with all ordinances and laws then in force.
Furthermore, the council may, for any reasonable cause, refuse to grant a license or permit.
14.060 Issuance Description. When the proper fee has been deposited with the clerk and the council has so ordered, the clerk shall issue the license or permit. The license or permit shall specify the name of– the person to whom granted, the specific place where the billiard hall, pool hall, or bowling alley is to be located, the number of tables or alleys authorized. It shall be effective from the date of issuance to the following January 1. It shall not be transferable. It shall be kept conspicuously posted in the billiard hall, pool hall, or bowling alley to which it applies; no person shall post such license upon premises other than those for which issued, nor deface or destroy any such license or permit.
14.070 Revocation. All licenses and permits granted hereunder shall be revocable for cause at any time, on reasonable hearing prescribed by the council. If there shall be two convictions for violation of this ordinance in any billiard hall, pool hall, or bowling alley, whether such violations be by the same or different individuals, and whether of the same or different provisions hereof, the second such conviction shall automatically revoke the license or permit under which the said billiard hall, pool hall, or bowling alley is operating. No refund of fees will be paid on revocation.
74 14.080 Penalty for Property Owners. No person shall permit any real property owned or controlled by him to be used as a billiard hall, pool hall, or bowling alley without a license or permit as provided herein.
14.090 Practices Prohibited. It shall be unlawful for any person to whom a license or permit has been granted, or for any employee of such person, in any billiard hall, pool hall, or bowling alley, or any appurtenant or connected place:
1) To permit any form of gambling, unless pursuant to Minnesota Statutes Chapter 349.
2) To permit any person to become disorderly or to use profane, obscene, or indecent language.
3) To sell or possess, or knowingly allow any person in the billiard hall, pool hall, or bowling alley to sell or possess intoxicants or narcotics.
4) To knowingly employ any person who has been convicted of a felony.
14.100 Responsibility to Person to Whom License or Permit is Granted. The conduct of the agents and employees of a person to whom any such license or permit is issued shall be deemed the conduct of such person himself.
75 Chapter 15 CIRCUSES, CARNIVALS, ETC.
15.010 License Required. No person shall conduct or exhibit within the City any circus, dog and pony show, carnival or other tent show transported upon cars or trucks without being licensed under this chapter.
15.020 Littering Prohibited. No license shall permit any accumulation of rubbish or litter upon any streets or grounds used by the license holder which shall at its own expense remove said litter at the end of the license period.
15.030 Insurance and Bond Requirements. No license shall be granted until the applicant has filed with the City Clerk a policy of public liability insurance in the amount of $1,000,000 or a surety bond in the sum of $1,000,000 running to the City and indemnifying persons who may be insured on account of the operation under said license. The City of Elgin shall be named as a party indemnified under the said insurance or bond. The insurance or bond shall contain a clause requiring the company issuing said insurance or bond to give 30 days written notice to the City before cancellation, and any license granted hereunder shall be automatically revoked upon the lapse or termination of said insurance or bond.
76 Chapter 16 MUNICIPAL REGULATION AND LICENSING
16.010 Licenses and Permits.
1) General Rule. Except as otherwise provided in this code, all licenses and permits granted by the City shall be governed by the provision of this part.
2) Acts Prohibited. No person shall conduct any activity or use any property for which a license or permit is required by law or this code without a currently valid license or permit for such activity or use.
3) Application. Every application for a license shall be made to the clerk on a form provided by the clerk. It shall be accompanied by payment to the clerk of the prescribed fee. If, after investigation, the clerk is satisfied that all requirements of law and this code have been met, the clerk shall present the application to the council for action or, if the license or permit does not require council approval, the clerk shall issue the license or permit.
16.020 Fees.
1) Prorated Fees. License fees shall not be prorated unless otherwise specified by this code or by law.
2) Refunds. License fees shall not be refunded in whole or in part unless otherwise specified by this code or by law.
16.030 Duration of License. Unless otherwise specified, a license shall be valid for a calendar year or the part of the year for which it is issued and shall expire on December 31.
16.040 Transfers. Unless otherwise specified, no license issued under this code may be transferred to any other person. Where a license relates to specific premises, the license shall not be changed to another location without approval of the council or other licensing authority.
16.050 Inspection.
1) Authorized Personnel. Any City official or employee having a duty to perform with reference to a license under this code and any policy officer may inspect and examine any licensee, the licensee’s business, or premises to enforce compliance with applicable provisions of this code. Subject to the provisions of subdivision 2 below, the official or employee may, at any reasonable time enter any licensed premises or premises for which a license is required in order to enforce compliance with this code.
77 2) Search Warrants. If the licensee objects to the inspection of the premises, the City official or employee charged with the duty of enforcing the provisions of this code shall procure a valid search warrant before conducting the inspection.
16.060 Duties of Licensee.
1) Compliance Required. Every licensee and permittee shall have the duties set forth in this section.
2) Inspection. The licensee/permittee shall permit at reasonable times inspections of his business and examination of his books and records by authorized officers or employees.
3) Compliance with Law. The licensee/permittee shall comply with laws, ordinances, and regulations applicable to the licensed business, activity, or property.
4) Display of License. The licensee/permittee shall display the license or other insignia given as evidence of the license in a conspicuous place on the premises, vehicle, or device to which the license relates. If the license is not so related, the license shall be carried on the licensee’s person whenever the licensee/permittee is carrying on the licensed activity.
5) Unlawful Disposition. The licensee shall not lend or give to any other person the license or license insignia.
16.070 Suspension or Revocation. The council may suspend for a period not exceeding sixty (60) days or revoke any license or permit for violation of any provision of law, ordinance, or regulation applicable to the licensed or permitted activity or property. Except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license or permit shall be granted a hearing upon at least ten (10) days’ notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee.
78 Chapter 17 GAMBLING DEVICES
17.010 Definitions. For purpose of this section the terms defined in this section have the meaning given to them.
1) “Gambling devices” mean those gambling devices known as “pull-tabs”, “paddle wheels”, or “tip boards” or apparatus used in conducting raffles.
2) “Paddle wheel” means a wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to indicate winning chances.
3) “Tip board” means a board, placard, or other device measuring at least twelve inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers, or other symbol, which determines the winning chances.
4) “Raffle” means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing.
5) “Profit” means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing fees, taxes and maintenance costs for the devices.
6) “Person” means an individual, a co-partnership, an association, a corporation, or any other entity or organization.
7) “License” includes permits of every kind, nature, and description issued pursuant to any statute or ordinance for the carrying on of any business, trade, vocation, commercial enterprise or undertaking.
8) “Licensee” means any person to whom a license of any kind is issued, but does not include common carrier transporting or a public warehouseman storing any gambling device for hire, or a manufacturer or distributor of such devices keeping the same only for the purpose of sale or distribution to others or replacing of same.
9) “Pull-tab” means a single folded or banded ticket or a multi-ply card with perforated break-open tabs, the face of which is initially covered to conceal one or more numbers or symbols, where one or more of each set of tickets or cards has been designated in advance as a winner.
17.020 Prohibited Devices. Nothing in this chapter shall be construed to authorize any use, possession, or operation of any gambling device which is activated by the insertion of a coin or
79 token, or any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the outcome of any athletic contest or sporting event.
17.030 Operation, Possession, or Willful Keeping of Gambling Devices. Except as otherwise provided in this chapter, no person shall operate, intentionally possess, or willfully keep a gambling device upon any licensed premises. “Licensed premises” means the place or building, or the room in a building, designated in the license as the place where the licensed business is to be carried on, and all land adjacent thereto and used in connection with and in operation of a licensed business, and all adjacent or contiguous rooms or buildings operated or used in connection with the buildings where the licensed business is carried on. If no place is described in any license, then “licensed premises” means the building or place where the licensed business is carried on under such license. The intentional possession or willful keeping of a gambling device upon any licensed premises, unless pursuant to a license obtained under Minnesota Statutes Chapter 349, is cause for the revocation of any license under which the licensed business is carried on upon the premises where the device is found.
17.040 Application for License. All applications for a license to operate gambling devices shall be addressed to the council, shall be made on an application for provided by the clerk, and shall contain the following information:
1) The name and address of the applicant.
2) The address and general description of the place where the gambling devices are to be operated.
3) The number and type of devices to be operated.
4) The principal officers and addresses of principal officers of the organization.
5) The number of active members of the organization, as defined in Section 17.050 of this Code.
6) How long the organization has been in existence prior to the date of application.
7) The name and address of the gambling manager of the organization.
8) Such other information as the clerk may require.
17.050 Licenses shall be issued only to a fraternal, religious, veterans, or other non-profit organization as defined by and meeting the qualifications of Minnesota Statutes Section 349.16, Subd. 2, which organization has been in existence for at least three years and has at least fifteen (15) active members. “Active member” means a member who has paid all of his dues to the organization and has been a member of the organization for at least six months.
17.060 Issuance of Licenses. Each license granted by the council shall expire on the 31st day of December following its issuance. The license fee for each organization licensed hereunder
80 shall be set by resolution of the City Council. The total amount of the license fee must accompany each application. If the license is denied, the amount of the fee shall be returned to the applicant. In the event a licensee terminates his business or his license is canceled by the council, prior to the expiration of the license, no refund of the license fee or any portion thereof shall be made. The council shall act on a license application within 180 days from the date of application, but shall not issue a license until at least 30 days after the date of the application.
17.070 Suspension or Revocation of License. The council may suspend or revoke any license issued under this chapter for cause. Any misrepresentation of a material fact in the application for a license and any violation of this chapter shall be sufficient to suspend or revoke a license.
17.080 Procedure for Suspension or Revocation. In revoking any license, the council may act on its own initiative or at the request of any law enforcement officer. The council shall first determine that reasonable grounds exist to consider the revocation or suspension of the license of a particular licensee and shall then give the licensee notice in writing of the proposed suspension or revocation, enumerating the grounds therefor. The licensee shall be entitled to a hearing if a request is made by the licensee within ten (10) days after receipt of notice of the proposed suspension or revocation. Such hearing shall be held before the council on at least five (5) days’ notice given to the licensee by the council. At such hearing the licensee shall have the right to produce testimony and other evidence. Following such further investigation of the grounds for the suspension or revocation as the council deems necessary, including a hearing, if any, the council may then suspend or revoke said license or dismiss the proceedings.
17.090 Profits. Profits from the operation of gambling devices or the conduct of raffles shall be used solely for lawful purposes as defined in Minnesota Statutes Section 349.12, Subd. 25, and as authorized at a regular meeting of the licensed organization.
Each organization licensed to operate gambling devices shall keep records of its gross receipts, expenses, and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description or a purchased item or service or other reason for the deduction, and the recipient. The distribution of profits shall be itemized as to payee, purpose, amount, and date of payment.
Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, including bingo gross receipts, and placed in a separate account. Each organization shall have separate records of its own gambling operations. The person who accounts for gross receipts, expenses, and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the organization, except that such person may be the same person who accounts for bingo gross receipts, expenses, and profits.
Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the City Council as determined by resolution of the Council, its gross receipts, expenses, and profits from gambling devices or raffles, and the distribution of profits itemized as required in this section. Records required by this section shall be preserved for three
81 (3) years, and organizations shall make available their records relating to operation of gambling devices and the conduct of raffles for public inspection at reasonable times and places.
17.091 All charitable organizations conducting lawful gambling in the City of Elgin as such terms are defined in Minnesota Statutes Chapter 349 shall contribute ten percent (10%) of their net profits derived from lawful gambling to a fund administered and regulated by the City of Elgin. The said fund shall be administered and regulated by the City Council without cost to the City or such fund. The City shall disburse the monies in said fund for lawful purposes as defined under Minnesota Statutes Chapter 349. Failure of a licensee to follow the terms of this ordinance shall be grounds for revocation or non-renewal of the charitable gambling permit.
For purposes of this ordinance “net profit” shall mean that term as defined in Minnesota Statutes §349.12, Subd. 27, less any expenses paid by an organization for water and sewer bills to the City of Elgin. “Allowable expenses” shall mean that term defined in Minnesota Statutes §349.12, Subd. 3a. Organizations conducting lawful gambling pursuant to this section shall remit the amount due to the City on a quarterly basis. Such organization shall also report to the City the exact amount of money due pursuant to this section, with the report to be filed with the City Clerk by the last day of the month after the quarterly period for which the report is being submitted. The submission must include supporting financial reports and related documentation. Upon request, such organization shall provide to the City all relevant records, books, and other documents to ensure compliance with this ordinance.
17.100 Licensed Premises. Gambling devices shall be operated and raffles conducted by a licensed organization only upon the premises which it owns or leases except that tickets for raffles conducted in accordance with this chapter may be sold off the premises. Leases, unless otherwise authorized under Minnesota Statutes Section 349.18, shall be for a period of not less than one (1) year and shall be in writing. No lease shall provide that rental payments be based on a percentage of receipts or profits from gambling devices or raffles. Copies of all leases shall be filed with the City Clerk.
82 Chapter 18 INTOXICATING LIQUORS
18.010 Provisions of State Law Adopted. The provisions of Minnesota Statutes Chapter 340A, relating to the definition of terms, licensing, consumption, sales, and all other matters pertaining to the sale, distribution, and consumption of intoxicating liquors are adopted and made a part of this ordinance as if set out in full.
18.020 License Required.
1) General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under State license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor licenses shall be of four kinds: “on-sale”, temporary “on-sale”, “off- sale”, and club licenses.
2) On-Sale Licenses. “On-sale” licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores, and shall permit “on-sale” of liquor only.
3) On-Sale Wine Licenses. “On-sale” wine licenses shall be issued only to restaurants seating at least 25 persons meeting the requirements of Minnesota Statutes §340A.404, Subd. 5, or the bed and breakfast facilities under Minnesota Statutes §340A.4011, Subd. 2, and shall permit only the sale of wine not less than one-half of one percent nor more than 24% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food.
4) Temporary On-Sale Licenses. Subject to the approval of the Minnesota Commissioner of Public Safety, temporary on-sale licenses shall be issued only to clubs or charitable, religious, or other non-profit organizations in existence for at least three years.
5) Off-Sale Licenses. “Off-sale” licenses shall be issued only to drug stores and exclusive liquor stores and shall permit “off-sales” of liquor only.
6) Special Club Licenses. Special club licenses shall be issued only to incorporated clubs or congressionally chartered veterans’ organizations which have been in existence for three years.
18.030 Application for License.
1) Every application for a license to sell liquor shall state the name of the applicant, applicant’s age, representation as to applicant’s character, with such references as the council may require, applicant’s citizenship, the type of license applied for, the business
83 in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long applicant has been in that place, and such other information as the council may require from time to time. Every application shall also include a copy of each summons received by the applicant under Minnesota Statutes §§340A.801 and 340A.802 during the preceding year. In addition to containing such information, the application shall be in the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the City Clerk. No person shall make a false statement in an application.
2) Financial Responsibility. No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility as defined in Minnesota Statutes §340A.409. Such proof shall be filed with the Commissioner of Public Safety. Any liability insurance policy filed as proof of financial responsibility under this section shall conform to Minnesota Statutes §340A.409.
3) Approval of Security. The security offered under paragraph 2 above shall be approved by the City Council and in the case of applicants for “on-sale” wine licenses and “off-sale” licenses by the Minnesota Commissioner of Public Safety. Surety bonds and liability insurance policies shall also be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required in paragraph 2 above is a cause for revocation of the license.
18.040 License Fees.
1) Fees.
a. The annual fee for an on-sale liquor license shall be $2,000.00.
b. The annual fee for a temporary “on-sale” license shall be $30.00.
c. The annual fee for an “on-sale” wine license shall be $100.00.
d. The annual fee for an “off-sale” license shall be $100.00.
e. The annual fee for a special club license shall be $250.00.
f. The fee for a Sunday liquor license shall be $100.00.
2) Payment. Each application for a license shall be accompanied by a receipt from the City clerk-treasurer for payment in full of the license fee and the fixed investigation fee required under Section 18.050. All fees shall be paid into the general fund. If an application for a license is rejected, the clerk-treasurer shall refund the amount paid as the license fee.
84 3) Term; Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of December.
4) Refunds. No refund on any fee shall be made except as authorized by statute.
18.050 Granting of Licenses.
1) Preliminary Investigation. On an initial application for an on-sale license and an application for transfer of an existing on-sale license, the applicant shall pay with the application an investigation fee of $100 and the City shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an on-sale license, it shall so determine. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary it may conduct the investigation itself or contract with the bureau of criminal investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that issuance would not be in the public interest. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed $10,000.00 which shall be paid by the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the applicant whether or not the license is granted.
2) Hearing and Issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to Subdivision 1. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No “on-sale” wine license or “off-sale” license shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety.
3) Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior council approval is a ground for revocation of the license.
18.060 Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. No more than one intoxicating liquor license shall be directly or indirectly issued within the City to any one person.
85 18.070 Places Ineligible for License.
1) General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law.
2) Time in Business. No license shall be issued to any business, except an exclusive liquor store, until it has been in operation continuously for six months.
3) Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid.
4) Distance from School or Church. No license shall be granted within 300 feet of any school or within 100 feet of any church.
18.080 Conditions of License.
1) In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law, or regulation.
2) Insurance. Compliance with financial responsibility requirements of state law and of this ordinance is a continuing condition of any license granted pursuant to this ordinance.
3) Licensee’s Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee.
4) Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours without a warrant.
5) Display During Prohibited Hours. No “on-sale” establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
18.090 Restrictions on Purchase and Consumption. Liquor in Unlicensed Places. No person shall mix, prepare or consume liquor in any public place or place of business unless it has a license to sell liquor “on-sale” or a permit from the Commissioner of Public Safety under Minnesota Statutes, Section 340A.414, and no person shall consume liquor in any such place.
No person shall mix, prepare, sell, or consume liquor from any glass container in any public place or outside of a permanent building or structure.
86 18.091 Minors. It shall be unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of intoxicating liquors or alcoholic beverages, or any municipal liquor store. Violation of this ordinance is subject to the penalty provisions of Elgin City Code Section 18.130.
It shall also be unlawful for an establishment licensed under Chapter 18 of Elgin City Code or Minnesota Statutes Chapter 340A to allow a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or intoxicating liquors or any municipal liquor store. Violation of this ordinance is subject to the penalty provisions of Elgin City Code Section 18.130 and shall be grounds for revocation and non-renewal of the establishment’s license issued under Elgin City Code Chapter 18 or Minnesota Statutes Chapter 340A.
Notwithstanding the above, a person under 21 years of age may enter an establishment licensed under Chapter 18 of Elgin City Code or Minnesota Statutes Chapter 340A, provided that:
1) the minor:
a. is accompanied by a parent or a legal guardian who is 21 years of age or older, and
b. attends social functions that are held in the establishment; or
2) the person is 18, 19, or 20 years old and
a. enters the establishment to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by Minnesota Statutes 340A.412, Subd. 10; or
b. consumes meals.
18.092 Social Functions; Minors. No establishment licensed under Chapter 18 of Elgin City Code or Minnesota Statute Chapter 340A shall sell liquor in any portion of the establishment where minors are allowed to enter, unless:
1) the minor:
a. is accompanied by a parent or a legal guardian who is 21 years of age or older, and
b. attends social functions that are held in the establishment; or
2) the person is 18, 19, or 20 years old and
87 a. enters the establishment to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by Minnesota Statutes 340A.412, Subd. 10; or
b. consumes meals.
18.100 Suspension and Revocation. The council may either suspend for not to exceed 60 days or revoke any liquor license for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Section 340A.415.
18.110 Special Sunday On-Sale License. Special Sunday on-sale licenses for the sale of intoxicating liquor on Sundays shall be issued only to bowling centers and to hotels, restaurants, and clubs as defined in Minnesota Statutes Section 340A.101, with a seating capacity for at least 30 persons and which holds an “on-sale” intoxicating liquor license. All sales at such establishment shall be in accordance with Minnesota Statute Section 340A.504, Subd. 3.
The sale of on-sale intoxicating liquor on Sundays is allowed between the hours of noon and 1:00 a.m. on Mondays. Establishments serving liquor on Sundays must first obtain a special license under this provision and pay such license fee as may be established by council resolution.
18.120 Hours.
1) On-Sale. No sale of intoxicating liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; or after 1:00 a.m. on Sundays unless a special Sunday on-sale license has been obtained. In addition, no commercial business shall be transacted by an establishment holding an “on-sale” intoxicating liquor license during the hours when “on-sale” of intoxicating liquor is prohibited by state law, and the establishment shall be closed completely during such hours. No person other than an employee of an establishment licensed for on-sale of intoxicating liquors shall remain in or upon the premises of such an establishment after 1:00 a.m. on any day.
2) No sale of intoxicating liquor may be made by an off-sale licensee:
a. on Sundays;
b. before 8:00 a.m. on Monday through Saturday;
c. after 10:00 p.m. on Monday through Saturday;
d. on Thanksgiving Day;
e. on Christmas Day, December 25; or
88 f. after 8:00 p.m. on Christmas Eve, December 24.
18.130 Penalty. Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished by a fine and/or incarceration up to the maximum penalties imposed by Minnesota Law for misdemeanor violations, plus the cost of prosecution in any case.
89 Chapter 19 BEER LICENSES
19.010 Definitions of Terms.
1) Beer. As used in this ordinance, “beer” or “non-intoxicating malt liquor” means any malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths percent by weight.
19.020 License Required.
1) Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three kinds: regular “on-sale”; temporary “on-sale”; and “off-sale”.
2) Regular “On-Sale”. Regular “on-sale” licenses shall be granted only to bona fide drugstores, restaurants, hotels, clubs, bowling centers, golf courses, and establishments used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. “On-sale” licenses shall permit the sale of beer for consumption on the premises only.
3) Temporary “On-Sale”. Temporary “on-sale” licenses shall be granted only to bona fide clubs and charitable, religious, and non-profit organizations for the sale of beer for sale upon any premises authorized by Minnesota Statutes Section 340A.403. Each temporary license shall be issued for a term not to exceed seven consecutive days.
4) “Off-Sale”. “Off-sale” licenses shall permit the sale of beer at retail, in the original package for consumption off the premises only.
19.030 License Applications. Every application for a license to sell beer shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or the City Council may require. It shall be unlawful to make any false statement in an application.
19.040 License Fees.
1) Payment Required. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the Treasurer shall refund the amount paid.
90 2) Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the 31st day of December in each year. Each license except a temporary license shall be issued for a period of one year, except that if a license is granted and a period of less than one year remains before the license shall expire, one-twelfth of the annual license fee shall be charged for each month or fraction of a month remaining before its expiration. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license.
3) Fees. The annual fee for a regular “on-sale” license shall be set by resolution of the City Council. The annual fee for an “off-sale” license shall be set by resolution of the City Council. The fee for a temporary “on-sale” license shall be set by the Council by resolution.
4) Refunds. No part of the fee paid for any license issued under this ordinance shall be refunded except in the following instances upon application to the Council within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than one month before expiration of the license because of:
a. destruction or damage of the licensed premises by fire or other catastrophe;
b. the licensee’s illness;
c. the licensee’s death;
d. a change in the legal status of the municipality making it unlawful for the licensed business to continue.
19.050 Granting of Licenses.
1) Investigation and Hearings. The Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the Council shall grant or refuse the application in its discretion.
2) Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council.
19.060 Persons Ineligible for License. No license shall be granted to or held by any person who:
91 1) is under 18 years of age; 2) has, within five years prior to the application for such license, been convicted of a felony, or of violating any law of this state or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer and cannot show competent evidence under Minnesota Statutes Section 364.03 of sufficient rehabilitation and present fitness to perform the duties of a beer license;
3) is a manufacturer of beer or is interested in the control of any place where beer is manufactured;
4) is an alien;
5) is not of good moral character;
6) is, or during the period of this license becomes, the holder of a federal retail liquor dealer’s special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place; or
7) is not the proprietor of the establishment for which the license is issued.
19.070 Places Ineligible for License.
1) Delinquent Taxes. No license shall be granted or renewed for operation on any premises upon which taxes, assessments, or other financial claims of the City are delinquent and unpaid.
2) Distance from Schools and Churches. No license shall be granted for any place within 300 feet of any public school or within 100 feet of any church.
19.080 Conditions of License.
1) General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance of the City or state law.
2) Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under 18 years of age.
3) Consumption by Minors. No minor shall be permitted to consume beer on the licensed premises unless accompanied by his parent or legal guardian.
4) Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes Section 340A.031. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a
92 manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
5) Liquor Dealers’ Stamp. No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer’s special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors.
6) Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption or display permit shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this ordinance.
7) Searches and Seizures. Any peace officer may enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises in violation of Subdivision 6.
8) Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order.
9) Non-Glass Containers. No person shall mix, prepare, sell, or consume non- intoxicating malt liquor or beer from any glass container in any public place or outside of a permanent building or structure.
19.090 Closing Hours. No sale of beer shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon, nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any statewide election. No sale shall be made between the hours of 1:00 a.m. and 9:00 a.m. on any other day.
19.100 Liquor Consumption and Display. No person shall consume or display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit.
19.110 Revocation. The violation of any provision or condition of this ordinance or state law relating to the sale of non-intoxicating malt liquors or intoxicating liquors by a beer licensee or his agent is ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer’s special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, a license granted under this ordinance may be revoked or suspended by the Council in accordance with Section 16.070 of this Code.
93 Chapter 20 PUBLIC DANCING
20.010 Definitions. A public dancing place, as that term is defined in this ordinance, shall be taken to mean any room, place, or space open to public patronage in which dancing, where the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing. A public dance, as that term is used in this ordinance, shall be taken to mean any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, or a fee for membership in a club, and shall include any manner of holding a dance which may be participated in by the public through the payment of money, directly or indirectly.
20.020 Permit Required. No place shall be used as a public dancing place, and no public dance shall be given, unless a permit therefor has been granted by the City Council in accordance with the provisions of this ordinance, and the applicant shall pay a fee to be set by resolution of the City Council.
20.030 Hours of Dancing. Public dances shall not be held or conducted between the hours of 1:00 and 6:00 a.m. of any day, provided that no public dance shall be held or conducted on Sunday after 1:00 a.m.
20.040 Obscenity Prohibited. No person nor persons shall dance, nor shall any person to whom a permit is issued, permit or suffer any person or persons to dance, in any public dancing place or to any public dance, any obscene dances, or any dance which is characterized by obscene motions of the body. No person shall in any public dancing place or at any public dance act or speak in a loud or obscene manner, nor shall nay person to whom a permit for such dance has been issued suffer or permit any person to so act or speak therein.
The word “obscene” in this ordinance refers to that term defined by the United States Supreme Court applying contemporary community standards, such definition being expressly incorporated into this ordinance as though fully set forth.
20.050 Permit to be Posted. Any person desiring a permit to hold, give, or conduct a public dance shall make application therefor by filing with the City Clerk, a verified application, setting forth the name and address of the person, persons, committee, or organization where to give, hold, and conduct the same, the time and place where such public dance is to be held, and the area of the dance floor where the dance is to be given. The application shall thereupon be presented to the City Council at its next meeting for action. The City Council may refer the application to the Wabasha County Sheriff’s office for investigation and report for granting the same. The City Council shall thereupon act upon the application and either grant or reject the same. In case the permit is granted, the City Council, upon receipt of the fee to be paid by the applicant as established in this ordinance, shall direct the proper officers to issue the same upon the payment of such fee and upon payment of expenses of investigation provided for in this ordinance, in case such investigation is made. The permit shall specify the names and addresses
94 of the persons to whom issued, the amount paid therefor, and the time and place where the public dance is to be held. The permit shall be posted in a public place in the dance hall described therein during the time the public dance mentioned therein is being given, and the persons named in the permit shall be responsible under the law for the manner in which the public dance is being held and conducted. Such permit may be acted upon at any special meeting of the City Council, whether included in the call for the special meeting or otherwise.
20.060 Certain Persons Prohibited. No person to whom a permit has been issued shall permit to be, or remain in any public dancing place, any intoxicated person, any prostitute, any person of known immorality, or any unmarried person under the age of 16 years, unless such person is accompanied by a parent or guardian, nor any unmarried person more than 16 years and under the age of 18 years, unless such person is accompanied by a parent or guardian or presents the written consent of a parent or guardian to the officer in charge of such dance, and every such written permit shall be retained by such officer.
20.070 Revocation of Permit. The City Council may at any time revoke the permit issued pursuant to this ordinance and shall revoke any such permit held by any person convicted of violating the provisions of this ordinance, such violations constituting a misdemeanor under Minnesota law.
20.080 School Dances. Nothing in this ordinance is intended to govern the conduct of school dances held within the city limits of the City of Elgin, when conducted by the district as part of the scheduled school event.
95 Chapter 21 TOBACCO PRODUCTS AND CIGARETTES
21.010 Purpose. Because the City recognizes that many persons under the age of eighteen (18) years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco- related devices, and such sales, possession, and use are violations of both state and federal laws, and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco- related devices for the purpose of enforcing and furthering existing laws to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco-related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minnesota Statutes Section 144.391.
21.020 Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term “shall” means mandatory, and the term “may” means permissive. The following terms shall have the definitions given to them:
1) “Tobacco” or “Tobacco Products” shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; Cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.
2) “Tobacco-Related Devices” shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products.
3) “Self-Service Merchandising” shall mean open displays of tobacco, tobacco products, or tobacco-related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco-related devices, without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco- related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines.
4) “Vending Machine” shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco-related devices upon the insertion of money, tokens, or other form of payment directly into the machine
96 by the person seeking to purchase the tobacco, tobacco product, or tobacco-related device.
5) “Individually packaged” shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged.
6) “Loosies” shall mean the common term used to refer to a single or individually packaged cigarette.
7) “Minor” shall mean any natural person who has not yet reached the age of eighteen (18) years.
8) “Retail Establishment” shall mean any place of business where tobacco, tobacco products, or tobacco-related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.
9) “Moveable Place of Business” refers to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address, store front, or other permanent type of structure authorized for sales transactions.
10) “Sale” shall mean any transfer of goods for money, trade, barter, or other consideration.
11) “Compliance Checks” shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco-related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco-related devices for educational, research, and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, and tobacco- related devices.
21.030 License. No person shall keep for retail sale, sell at retail, or otherwise dispose of any cigarettes or cigarette wrappers at any place in the City, or sell or offer to sell any tobacco, tobacco products, or tobacco-related device without first having obtained a license to do so from the City.
1) Application. An application for a license to keep for retail sale, sell at retail, or otherwise dispose of any cigarettes or cigarette wrappers at any place in the City, or sell
97 tobacco, tobacco products, or tobacco-related devices shall be made to the City Clerk on a form provided by the City. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
2) Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the Council’s decision.
3) Term. All licenses issued under this ordinance shall expire on December 31st following issuance.
4) Revocation or Suspension. Any license issued under the ordinance may be revoked or suspended as provided in the violations and penalties section of this ordinance.
5) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the Council.
6) Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance.
7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises and shall be exhibited to any person upon request.
8) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty (30) days but no more than sixty (60) days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
9) Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be set by the
98 Council by resolution. Fees for licenses issued July 1 or later in any calendar year shall be one-half the annual fee.
10) Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise by provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoke upon the discovery that the person was ineligible for the license under this section:
a) The applicant is under the age of eighteen (18) years;
b) The applicant has been convicted within the past five (5) years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products or tobacco-related devices;
c) The applicant has had a license to sell tobacco, tobacco products, or tobacco-related devices revoked within the preceding twelve (12) months of the date of application;
d) The applicant fails to provide any information required on the application or provides false or misleading information.
The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding such a license.
21.040 Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco-related device:
1) to any person under the age of eighteen (18) years;
2) by means of any type of vending machine, except as may otherwise be provided in this ordinance;
3) by means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco product, or tobacco-related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco-related device between the licensee or the licensee’s employee and the customer, except cartons and multi-pack units may be offered and sold through open displays accessible to the public.
4) by means of loosies as defined in Section 21.020 of this ordinance;
5) containing opium, morphine, jimson week, belladonna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances, except
99 nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process;
6) by any other means, to any other person, or in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.
21.050 Vending Machines. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco-related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment.
21.060 Self-Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco-related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco-related device between the licensee or his or her clerk and the customer, except cartons and multi-pack units may be offered and sold through open displays accessible to the public. All tobacco, tobacco products, and tobacco-related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public, except cartons and multi-pack units may be offered and sold through open displays accessible to the public. Any retailer selling tobacco, tobacco products, or tobacco-related devices at the time this ordinance is adopted shall comply with this section within thirty (30) days following the effective date of this ordinance.
21.070 Responsibility. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco-related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this ordinance, state or federal law, or other applicable law or regulation.
21.080 Compliance Checks and Inspections. All licensed premises shall be open to inspection by law enforcement officers or other authorized city official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco-related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco-related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor’s age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for
100 educational, research, or training purposes, or required for the enforcement of a particular state or federal law.
21.090 Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance:
1) Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco-related device to any minor.
2) Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check.
3) Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco-related device.
4) Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco-related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco-related device. This subdivision shall not apply to minors lawfully involved in a compliance check.
5) Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
21.100 Procedure after Violations.
1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
2) Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
3) Hearing Officer. The City Council of Elgin shall serve as the hearing officer.
4) Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under Section 21.110 of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the
101 hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred.
21.110 Penalties.
1) Licensees and Employees. Any licensee, and any employee of a licensee, found to have violated Sections 21.010 through 21.100 of this ordinance shall be charged an administrative fine of $75 for a first violation of this ordinance; $200 for a second offense at the same licensed premises within a 240month period, and $250 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. The City Council reserves the right to revoke any license granted under this section for cause after giving the licensee a reasonable opportunity to be heard.
2) Other Individuals. Other individuals, other than minors regulated by subdivision (3) of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50.
3) Minors. It shall be unlawful for any minor to be in possession of, purchase, or attempt to purchase tobacco, tobacco products, or tobacco-related devices.
4) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance.
21.120 Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco-related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by state law.
21.130 Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other section or provision of this ordinance.
102 Chapter 22 DOGS AND OTHER ANIMALS
22.010 Definitions. As used in this chapter, the following terms shall mean:
1) “Animal” shall mean any quadruped living creature and any venomous reptile or amphibian.
2) “Owner” shall mean any person owning, keeping, harboring, or maintaining an animal within the City or permitting such animal to be at large within the City.
3) “At large” means being off the premises of the owner and not under the control of the owner or some other person of suitable age and discretion either at heel, by command, or by leash, cord, or chain of not more than 10 feet in length. An animal properly confined within a motor vehicle or properly confined within such enclosure, house, or other building by leash, shall not be considered “at large”.
22.020 License. It is unlawful for any person to keep, harbor, or maintain a dog over the age of five months unless it is licensed as hereinafter provided. Licenses for such dogs shall be issued by the City Clerk. Applications for licenses shall be made on a form provided by the City Clerk which shall require the name and address of the owner, the name, breed, age, color, and sex of the dog and such other information as may be considered necessary including, in the case of female dogs, whether spayed or unspayed. Every dog shall be licensed by its owner annually on or before December 31st of each year for a term commencing on January 1st. A dog which becomes five months of age after January 1st shall be licensed by its owner at such time as the dog becomes five months of age.
22.030 Fee and Rabies Certification. Each application for a dog license must be accompanied by the license fee specified below and by a certificate from a qualified veterinarian showing that the dog to be licensed has been vaccinated for rabies in compliance with section 22.140. The annual license fee for each dog shall be set by resolution of the City Council. No reduction in the annual license shall be made because of expiration of a portion of the license year and no refund of the license fee shall be made at any time for any purpose.
If a license application is submitted after the license period begins, the foregoing license fees shall be increased by an additional $1 on the first day of each month that the license application is late, up to a maximum additional fee of $5. Any person who owns a dog at the time of becoming a resident of the City or who being a resident of the City acquired a dog, shall be allowed 30 days to obtain a license without being charged the additional fee provided for in this paragraph.
22.040 Tags. With each license, the City Clerk shall issue a metal tag bearing the license number of such dog. Except where the dog for which the license is issued is indoors on the
103 premises of the owner, the animal shall have a collar or harness on which the license tag is affixed.
22.050 Running at Large. No owner of any animal except a cat, whether kept, harbored, or maintained within or without the City, shall permit or suffer such animal to run or move at large at any time within the City, or to damage any lawn, garden, or other property. For the purpose of this section, every such animal at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending animal escaped or is otherwise at large without the permission or sufferance of its owner.
22.060 Animal Pound. Any suitable place within or without the city limits may be established as the animal pound of the City.
22.070 Apprehension of Dogs. Any law enforcement officer shall apprehend and take possession of any animal, except a cat or licensed dog, at large and shall convey such animal to the City Pound to be there confined until released or disposed of as hereinafter provided.
22.080 Notice of Apprehension; Licensed Dogs. Within 48 hours after apprehending any licensed dog running at large, a law enforcement officer shall mail a written notice to the owner or keeper of such dog at the address given by the owner or keeper when the dog apprehended was last licensed, which notice shall set forth the name, description, and license number of the dog, the date and approximate place the dog was apprehended, and such other information as may be pertinent.
22.090 Notice of Apprehension; Unlicensed Animals. Within 48 hours after apprehending any unlicensed animal at large, law enforcement officers shall cause to be posted in the City Hall in the City of Elgin a notice setting forth the description of the animal and the date and approximate place the animal is apprehended and such other information as may be pertinent. Such notice shall be posted for three (3) consecutive days, Sundays and holidays excluded. If a law enforcement officer knows the identity of the owner of such animal, they shall notify such owner in lieu of posted notice.
22.100 Reclaiming of Animals from Pound. Within the time hereinafter limited, the owner of any animal apprehended while at large may retrieve or recover the same from the City Animal Pound by paying to the law enforcement officer for each offense in one licensing year a pound fee to be set by the City Council by resolution. In the event the animal apprehended has not been properly licensed, the police shall not surrender the animal until the same has been properly licensed, plus the pound and board fees as above provided. The law enforcement officers shall give an official city pre-numbered, written receipt to each person from whom he receives money as herein provided.
22.110 Disposing of Unclaimed Animals. If any animal apprehended by a law enforcement officer is not claimed by its owner or keeper within eleven (11) days after notice of apprehension has been mailed by the law enforcement officer in the case of either licensed dogs or unlicensed dogs, the law enforcement officer shall cause the animal to be destroyed or otherwise disposed of
104 in a humane way. Law enforcement may, upon request by owner, also dispose of such owner’s pet or pets at a fee approved by the Council. All moneys received from the disposal of such animals shall accrue to the City.
22.120 Offenses. No person shall break open the animal pound or attempt to do so, or take or attempt to take from law enforcement or any other authorized representative of the City, any animal taken up or apprehended in compliance with this chapter or in any manner interfere with or hinder such persons in the discharge of their duties under this chapter.
Law enforcement officers are authorized to issue written notices of violation of the provisions of this chapter containing a warning that a criminal complaint may be issued if the violation continues.
22.130 Offenses Involving Tags. No person shall counterfeit the metal tags provided for in section 22.040 or use a counterfeit tag, or take from any dog a tag legally placed upon it by its owner or to place a tag so taken upon another dog.
22.140 Rabies Vaccination. Every animal over the age of five months which is susceptible to rabies and which is kept, harbored, or maintained by its owner in the City or permitted by its owner to run at large in the City shall be vaccinated at least every 24 months against rabies. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the animal is vaccinated. A veterinarian who vaccinates an animal to be kept, harbored, or maintained in the City shall prepare and deliver to the owner a certificate of vaccination, in duplicate, setting forth the name and address of the owner, sufficient information to identify the animal vaccinated, the date of vaccination and the type and lot of vaccine used. In addition, the veterinarian shall issue to the owner of each animal so vaccinated a distinctive metal tag which sets forth the year of vaccination, and the owner shall forthwith cause such animal to war this tag on a collar during the 24 months following vaccination.
No dog shall be licensed by the City Clerk which has not been vaccinated against rabies as provided in this section during the 24-month period immediately preceding the date application for license is made.
All dogs and cats shall be vaccinated for rabies. The frequency of said vaccinations shall be in accordance with the licensing of the vaccine as specified by the manufacturer and recorded on the rabies certificate (usually 1 – 3 years).
22.150 Barking Dogs. In addition to other prohibitions against the keeping of any animal or bird causing frequent or long continued noise, no person shall keep or harbor a dog which habitually barks or cries.
22.160 Diseased or Vicious Animals. Law enforcement officers are hereby authorized and empowered to kill any animal which because of disease or viciousness constitutes an immediate threat to human life or safety and cannot be safely taken up and impounded as provided in this chapter. No impounding or killing of any animal shall except the owner or keeper of such
105 animal from the penalties provided by law. An immediate report of such killing shall be made to the health officer and to the county health department.
Whenever the owner of a vicious, dangerous, or destructive animal has forfeited bond or bail or has plead or been found guilty in connection with a charge of permitting such animal to run at large, the court, in addition to fine or imprisonment of the owner, may order the destruction of such animal or may order such animal confined in a specific manner on its owner’s premises. If such animal is ever found running at large thereafter, the law enforcement officer, upon apprehension, shall summarily destroy the animal.
22.170 Animal Bites. Whenever any animal shall have bitten a person or there is good reason to believe that such animal has bitten a person, such fact shall be reported within 24 hours to the health officer and thereafter the owner of such animal shall comply with the instructions of said officer concerning such animal.
22.180 Abuse of Animals. No person shall torment, deprive of necessary sustenance, mutilate, over-load, cruelly beat, or kill any animal, or unnecessarily fail to prove it with food, drink, shelter, or protection from weather, or commit any other act or omission by which unjustifiable pain or suffering is caused to any animal.
22.190 Kennels. No person, firm, or corporation shall establish, conduct, operate, or maintain in this City a kennel where dogs are kept for any purposes without securing a license therefor from the City Council. The term “kennel” shall mean any establishment where more than two dogs over 4 months of age are kept for any purposes. The license fee shall be set by resolution of the City Council. This fee shall be in addition to the license fee prescribed in the preceding sections for each dog kept in such kennel. Every person desiring a license for a kennel shall file an application therefor in writing with the City Clerk in the form to be prescribed by the City Council containing such information as the Council may require. The Council shall cause an investigation to be made of all of the representations set forth in the application. Opportunity shall be given at a regular or special meeting of the Council to any person to be heard for or against the granting of any license. After such investigation, the Council shall grant or refuse such license at its discretion; provided, that no license shall be granted:
1) within 300 feet of any school or church, or
2) within or immediately adjacent to any residential district or zone.
In considering whether to grant or refuse such license, the Council shall consider whether or not the proposed kennel, taken as a whole, is likely to constitute a nuisance as defined in Chapter 29 of this code. The rules and regulations of the Minnesota Livestock Sanitary Board governing the operation of dog kennels are hereby adopted by reference, and any license hereunder shall comply with such rules and regulations, as amended. Failure to so comply shall be cause for revocation of the kennel license.
106 22.191. Those persons in the City of Elgin who are residents of the City and have more than two dogs at their property (owned or leased) on the effective date of this Section 22.191 shall not be prosecuted for a violation of Section 22.190 provided that:
1. All dogs at such person’s property shall be properly licensed with the City on or before March 1, 2008.
2. Such person shall provide to the City on or before March 1, 2008 a picture of each dog owned by the person or kept at their property.
3. The person shall sign a written agreement with the City of Elgin on or before March 1, 2008 agreeing to the terms of this ordinance.
4. The person shall agree that upon the death, sale, or gift of such dog the person shall not replace the dog and shall have no more than two dogs at their property.
All persons who do not meet the requirements of this Section 22.191, or who do not abide by the terms of this Section 22.191 shall be limited to two dogs at their property and must immediately dispose of all dogs over the limit of two unless a kennel license is granted by the City pursuant to the terms of Section 22.190.
Notwithstanding the foregoing provisions of this Section, a person who is caring for a dog temporarily for a period of three weeks or less, which dog would cause the person to have more than two dogs at that person’s property, will not be in violation of this ordinance Section 22.190 or 22.191 provided that the person contacts Elgin City Hall and advises that the dog is in that person’s temporary custody.
Except as herein amended, this ordinance shall have no effect upon the remaining provisions of this Section 22.191 or Section 22.190.
22.200 Revocation of Kennel License. Any license issued hereunder for the establishment and operation of a kennel may be revoked by the Council after reasonable notice and hearing for any violation of any provision or conditions under this ordinance or upon a finding by the Council that the operation of the kennel constitutes public or private nuisance. No portion of the license fee paid into the City treasury shall be returned upon revocation of the license.
107 Chapter 23 BUILDING CODE
23.010 Repealer, Application, Administration, and Enforcement. Chapter 23 of the Elgin City Code is hereby repealed. The application, administration, and enforcement of the Code shall be in accordance with Minnesota Rule Part 1300.2100 and as modified by Chapter 1305.
The Building Official for the City of Elgin shall be a Minnesota Certified Building Official as required by Minnesota Statute Section 16B.65.
The Building Official for the City of Elgin shall be appointed by the City Council annually by resolution.
22.020 Permits and Fees. The issuance of permits and the collection of fees shall be as authorized by Minnesota Statute Section 16B.62, Subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota Rules Parts 1305.0106 and 1305.0107.
Permit fees shall e established by resolution of the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minnesota Statute Section 16B.70.
22.030 Violations and Penalties. A violation of the Code is a misdemeanor (Minnesota Statute Section 16B.69).
22.040 Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes Section 16B.59 to 16B.75 is hereby adopted as the building code for this jurisdiction. The Code is hereby incorporated in this ordinance as if fully set out herein.
The Minnesota State Building Code includes the following chapters of Minnesota Rules:
1) 1300 Minnesota Building Code 2) 1301 Building Official Certification 3) 1302 State Building Construction Approvals 4) 1305 Adoption of the 1997 Uniform Building Code including Appendix Chapters: a) 3, Division I, Detention and Correction Facilities b) 12, Division II, Sound Transmission Control c) 15, Reroofing d) 16, Division I, Snow Load Design e) 29, Minimum Plumbing Fixtures f) 31, Division II, Membrane Structures 5) 1307 Elevators and Related Devices 6) 1315 Adoption of the 1996 National Electrical Code 7) 1325 Solar Energy Systems 8) 1330 Fallout Shelters
108 9) 1335 Floodproofing Regulations 10) 1340 Facilities for the Handicapped 11) 1346 Adoption of the 1991 Uniform Mechanical Code 12) 1350 Manufactured Homes 13) 1360 Prefabricated Buildings 14) 1361 Industrialized/Modular Buildings 15) 1370 Storm Shelters (Manufactured Home Parks) 16) 4715 Minnesota Plumbing Code 17) 7670 Minnesota Energy Code
109 Chapter 24 BUSINESS OF SELLING COMPANIONSHIP
24.010 Definitions. As used in this chapter, the terms hereinafter defined shall have the meanings ascribed to them:
1) “Companionship establishment” means a room or rooms used or intended to be used for the purpose of companionship sales, and accessory rooms and facilities used or intended to be used in conjunction with or to accommodate companionship sales.
2) “Companionship sale” means a transaction in which for a fee or gratuity or in anticipation of a fee or gratuity a person provides the service of companionship, association, or fellowship to another person, or provides the service of engaging in or listening to conversation, talk, or discussion with another person for the purpose of providing such person with companionship, association, or fellowship, regardless of whether other goods or services are provided and regardless of whether such other goods or services are required to be licensed, but does not include the following services:
a) the sale of companionship, association, or fellowship which is not offered to the public;
b) services provided incidental to the sale of intoxicating liquor or non- intoxicating malt liquor on premises licensed for such purpose;
c) services provided by a charitable or religious organization;
d) services provided by an educational institution, panel, or seminar;
e) legal, medical, nursing, psychiatric, or psychological services by a person appropriately licensed to do so or a person possessing a degree relevant to the services being provided from a professionally accredited educational institution.
3) “Alcoholic beverage” means 3.2 percent malt liquor, malt liquor, wine, and intoxicating liquor, as defined in Minnesota Statutes Section 340A.101.
4) “Controlled substance” means controlled substances as defined in Minnesota Statutes Section 152.01.
5) “Narcotic drug” means narcotic drugs as defined in Minnesota Statutes Section 152.01.
6) “Licensed premises” means a companionship establishment licensed under this chapter.
110 7) “Contraceptive device” means an instrument or article for the prevention of conception.
24.020 License.
1) License required. No person shall operate a companionship establishment or engage in a companionship sale in the City except upon premises licensed for such purpose under this chapter.
2) Application. An application for a license or renewal of a license shall be made at the office of the City Clerk by paying the annual license fee and completing an application form provided by the City Clerk. The application shall be signed and verified by the applicant in person, and if the applicant is a corporation, by an officer of the corporation. It is unlawful to make any false statements in the application. The application shall contain the following information:
a) the location of the premises and an exact description of the area within a building to be used as a companionship establishment. If the area to be so used is not constructed and furnished at the time the application is completed, detailed plans of the area and furnishings should be attached to the application;
b) name and resident address of i) applicant, ii) the person who is to manage the operation to be licensed, iii) each person who is to perform the service of companionship sales, iv) if a partnership, the partners, and v) if a corporation, each of the officers and directors of the corporation;
c) a description of any felony, gross misdemeanor, or misdemeanor for which any of the persons named in clause b) above shave been convicted and for which jail sentence may have been imposed, except traffic offenses and convictions which have been annulled or expunged pursuant to law, including the date, place, and disposition;
d) a description of the services to be offered;
e) the name of a person and address in this state upon whom service of notice may be made as provided in this chapter.
3) Issuance. An application shall be investigated by the City Health Officer, Building Department, Law Enforcement Officer, and Fire Department. Such officers and departments shall submit their reports and recommendations to the Council, and the license shall be granted or denied by the Council pursuant to this chapter.
24.030 License Fee and Term. The annual license fee for a companionship establishment shall be set by resolution of the City Council. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year or part thereof for which it has been
111 issued, and shall expire on December 31st of each year. If six months or less remain of the year for which the license is issued, then the license fee shall be one half of the annual fee.
24.040 Denial of License. The Council may refuse to issue or renew a license for any of the following reasons:
1) The applicant, or if a partnership, a partner, or if a corporation, an officer or director or the manager or person designated to be the manager, has been convicted of a felony, gross misdemeanor, or misdemeanor for which a jail sentence may have been imposed which directly relates to the business of operating a companionship establishment;
2) An employee or person designated to be an employee has been convicted of a felony, gross misdemeanor, or misdemeanor for which a jail sentence may have been imposed which directly relates to the business of companionship sales;
3) The applicant has been denied a license or has had a license issued by the City revoked within one year prior to the date of the application;
4) The application does not comply with the provisions of this chapter.
24.050 License Restrictions. No license for a companionship establishment shall be:
1) issued to a person who is less than 18 years of age;
2) effective beyond the space comprising the licensed premises;
3) transferable from person to person or to other premises without the consent of the Council;
4) issued or renewed for operation on any premises upon which taxes, assessments, or other financial claims of the City are delinquent or unpaid.
24.060 Service of Notice.
1) Maintenance. Each person licensed under this chapter shall have at all times on file on the office of the City Clerk the name of a person and address in this state upon whom service of notice may be made as hereinafter provided. A licensee may, from time to time, change the name or address of such person by filing written notice of such change with the City Clerk.
2) Notice by Mail. A licensee upon being issued a license under this chapter shall accept notice from the City pertaining to any matters involving the license by service of such notice by mail upon the person whose name and address is on file in the office of the City Clerk.
112 3) Application. Nothing herein contained shall limit or affect the right to serve any process upon the licensee in any other manner now or hereafter permitted by law.
24.070 Revocation or Suspension of License. A license granted hereunder may be revoked or suspended by the Council after public hearing for a violation of this chapter, or any other law or regulation when the violation occurs in connection with the licensed premises, or for other cause shown. The licensee shall be given at least ten days’ written notice of the charges and the time and place of the public hearing. The licensee shall have the right to testify, present witnesses, and cross-examine witnesses. If the license is revoked or suspended, no portion of the license fee shall be returned to the licensee.
24.080 Registration of Employees. A licensee shall register at the Wabasha County Sheriff’s Office each employee who works at the licensed premises by providing:
1) name and address of the employee;
2) a description of any felony, gross misdemeanor, or misdemeanor for which the employee has been convicted and for which jail sentence may have been imposed, except traffic offenses and convictions which have been annulled or expunged pursuant to law, including the date, place, and disposition;
3) photographs of the employee taken by law enforcement showing both the front and side view;
4) a complete set of fingerprints of the employee taken by law enforcement.
It is unlawful for a licensee to employ any person on the licensed premises who is not registered as herein provided.
24.090 Regulations.
1) Alcoholic Beverages, Controlled Substances, and Narcotic Drugs. It is unlawful for a licensee, his agent, or employee to possess or consumer, or permit the possession or consumption of, any alcoholic beverage, controlled substance, or narcotic drug on the licensed premises.
2) Adult Use Material. It is unlawful for a licensee, his agent, or employee to disseminate any Adult Use material or allow any Adult Use performance on the licensed premises. As used in this subdivision, “disseminate any Adult Use material” and “allow any Adult Use performance” shall have the meanings ascribed to them in Chapter 50 of this code.
3) Attire. A person shall at all times while providing or receiving a companionship sale on the licensed premises have his breast, buttocks, genitals, and pubic area covered with a non-transparent material.
113 4) Physical Contact. It is unlawful for a person in a companionship establishment to place his hand or hands upon, to touch with any part of his body, to fondle in any manner, or to massage, the breast, buttocks, genitals, or pubic area of another person.
24.100 Facilities. It is unlawful to provide or receive a companionship sale in a room which does not comply with the following standards:
1) The room shall be illuminated while in use with a minimum of 15 foot-candles of illumination;
2) The room shall not contain a bed, sofa, or similar articles of furniture;
3) Doors to the room shall not be locked or capable of being locked and shall contain an opening or glazed area containing transparent glass or similar substance measuring not less than 12 inches by 12 inches which provides clear two-way viewing into the room;
4) There shall be no partition, stall, screen, curtain, or other device which obstructs the view of any part of the room from the opening or window in the door;
5) If any provision of this section is inconsistent with a comparable and applicable provision of the building code, the provision of the building code shall govern to the extent of such inconsistency.
24.110 Inspection. During business hours a companionship establishment shall be open to inspection by county health, city building, and city fire inspectors and by law enforcement officers. The main entrance and each inner door restricting access to the rooms where the service is provided shall remain unlocked during business hours and upon demand, access shall be provided an inspector or law enforcement officer to any other part of the licensed premises.
24.120 Business Hours. No customer or patron shall be allowed to enter or remain on the licensed premises after 10:00 p.m. or before 8:00 a.m. daily.
114 Chapter 25 BUSINESS OF SAUNAS AND MASSAGES
25.010 Definitions. As used in this chapter, the terms hereinafter defined shall have the meanings ascribed to them:
1) “Sauna” means a steam bath or heated bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent.
2) “Massage” means the rubbing, stroking, kneading, tapping, or rolling of the body with the hands.
3) “Masseur” means a male person, and “masseuse” means a female person, who practice massage.
4) “Massage parlor” means any room or rooms wherein a person for a fee may receive a massage from another person.
5) “Sanitary’ means free from the vegetative cells of pathogenic microorganisms.
6) “Alcoholic beverage” means 3.2 percent malt liquor, malt liquor, wine, and intoxicating liquor, as defined in Minnesota Statutes Section 340A.101.
7) “Controlled substance” means controlled substances as defined in Minnesota Statutes Section 152.01.
8) “Narcotic drug” means narcotic drugs as defined in Minnesota Statutes Section 152.01.
9) “Contraceptive device” means an instrument or article for the prevention of conception.
25.020 License for Sauna or Massage Parlor Establishment.
1) License Required. No person shall for, or in expectation of, any fee, gift, compensation, or reward of any kind, engage in the practice of massage in the City, except upon premises licensed under this chapter. No person shall engage in the business of operating a sauna or massage parlor, either exclusively or in connection with any other business enterprise, without being licensed as provided in this chapter.
2) Application. An application for a license or renewal of a license shall be made at the office of the City Clerk by paying the annual license fee and completing an application
115 form provided by the City Clerk. The application shall be signed and verified by the applicant in person, and if the applicant is a corporation, by an officer of the corporation. It is unlawful to make any false statements in the application. The application shall contain the following information:
a) the location of the premises and an exact description of the area to be licensed for the operation within the building. If the area to be licensed is not constructed and furnished at the time the application is completed, a detailed plan of the area and furnishings should be attached to the application;
b) name and address of the applicant (if a partnership, the partners, and if a corporation, each of the officers and directors of the corporation), and the person who is to manage the operation to be licensed;
c) the names and home addresses of two persons who may be referred to by the City for information on the character of the applicant and the manager, and if the applicant is a partnership, two such names shall be supplied for each partner, and if the applicant is a corporation, two such names shall be supplied for each officer, director and manager of the corporation;
d) whether any of the persons named in subparagraph b) above have ever been engaged in a similar business, and if so, the location thereof and dates when so engaged;
e) a description of any crime other than a traffic offense for which any of the persons named in subparagraph b) above have been convicted, including the time, place, date, and disposition;
f) a description of the services to be offered.
3) Issuance. An application shall be investigated by the City Health Officer, the Building Department, Law Enforcement, and the Fire Department. Such officers and departments shall submit their reports and recommendations to the Council, and the license shall be granted or denied by the Council pursuant to this chapter.
25.030 Inspection, License Term, and Fees.
1) The annual license fee for engaging in the business of a massage parlor or sauna shall be set by resolution of the City Council. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year or part thereof for which it has been issued, and shall expire on December 31st of such year. If six months or less remain of the year for which the license is issued, then the license fee shall be half of the annual fee.
116 25.040 Denial of License. The Council may refuse to issue or renew a license for any of the following reasons:
1) The applicant, or any one or more of the officers, directors, or managers, if a corporation, or any one or more of the partners, if a partnership, has been convicted of a felony or has been convicted of any illegal conduct involving moral turpitude, dishonesty, fraud, deceit, or misrepresentation;
2) The premises do not comply with health, fire, or building regulations; or
3) The applicant perpetrated a fraud or deception in the application for a license.
25.050 Restrictions and Regulations. No sauna or massage license shall be:
1) effective beyond the compact and contiguous space therein for which the same is granted;
2) granted for operation in any area restricted against such use by the zoning code;
3) transferable from person to person or to other premises without the consent of the Council;
4) issued or renewed for operation of any premises upon which taxes, assessments, or other financial claims of the City are delinquent and unpaid; or
5) issued or renewed to any person other than a person over 18 years of age, of good moral character and repute, nor to any person who has been convicted of any willful violation of law in connection with the licensing or operation of a sauna or massage parlor.
25.060 Revocation of License. Any license granted hereunder may be revoked for a violation of this chapter, or any other law or regulation, when the violation occurs in connection with the operation of a sauna or massage parlor, or for other reasonable cause shown. A license may be revoked by the Council after a public hearing thereon. The City Clerk shall give the licensee at least ten days’ written notice of the public hearing, at which the licensee shall have the right to testify, present witnesses, and cross-examine witnesses. If the license is revoked, no portion of the license fee shall be returned to the licensee.
25.070 Registration of Employees. Each licensee shall register at the Wabasha County Sheriff’s Office each employee who works at the licensed premises by providing:
1) name and address of the employee;
2) a description of any offense other than a traffic offense, including the time, date, place, and disposition for which the employee has been convicted;
117 3) photographs of the employee taken by the Wabasha County Sheriff’s Office showing both the front and side views; and
4) a complete set of fingerprints of the employee taken by the Wabasha County Sheriff’s Office or other law enforcement agency.
25.080 Alcoholic Beverages, Controlled Substances, and Narcotic Drugs Prohibited. It is unlawful for any licensee, his agent, or employee to consume or possess, or permit the consumption or possession of any alcoholic beverage, narcotic drugs, or controlled substance on the licensed premises, except when such possession is for the possessor’s own use and authorized by law.
25.090 Adult Use Material Prohibited. It is unlawful for a licensee, his agent, or employee to disseminate any Adult Use material or allow any Adult Use performance on the licensed premises. As used in this subdivision, “disseminate any Adult Use material” and “allow any Adult Use performance” shall have the meanings ascribed to them in Chapter 50 of this code.
25.100 Contraceptive Devices. It is unlawful for a licensee, his agent, or employee to bring onto the licensed premises or possess while on the licensed premises a contraceptive device, or to permit any other person to do so. A license may be revoked or suspended if a contraceptive device is found on the licensed premises or in the possession of a licensee, his agent, or employee while on the licensed premises.
25.110 Construction and Maintenance Requirements.
1) All sauna rooms, massage parlors, and all restrooms and bathrooms used in connection therewith shall be constructed of materials which are impervious to moisture, bacteria, mold, or fungus growth. The floor-to-wall and wall-to-wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch.
2) All restrooms used in connection with a sauna or massage parlor shall be provided with mechanical ventilation with two cfm per square foot of floor area, a minimum of 15 candles of illumination, a hand washing sink equipped with hot and cold running water under pressure, sanitary towels, and a soap dispenser.
3) Each sauna or massage parlor establishment shall have a janitor’s closet which shall be provided for the storage of cleaning supplies. Such closet shall have mechanical ventilation with two cfm per square foot of floor area and a minimum of 10 foot candles of illumination. Such closet shall include a mop sink.
4) Floors, walls, and equipment in sauna rooms, massage parlors, restrooms, and in bathrooms used in connection therewith must be kept in a state of good repair and sanitary at all times. Linens and other material shall be stored at least six inches off the floor. Sanitary towels, washcloths, cleaning agents, and toilet tissue must be made available to each customer. Each sauna or massage room shall be illuminated while in use with a minimum of 15 candles of illumination.
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5) Individual lockers shall be made available for use by each customer. Such lockers shall have separate keys for locking.
6) Doors to a sauna or massage room shall not be locked or capable of being locked, and doors to a massage room shall contain an opening or glazed area containing transparent glass or similar substance measuring not less than 12 inches by 12 inches which provides clear two-way viewing into the room. There shall be no partition, stall, screen, curtain, or other device which obstructs the view of any part of a massage room from the opening or window in the door. All sauna or massage rooms shall be clearly identified by signs.
7) If any provision of this section is inconsistent with a comparable and applicable provision of the building code, the provisions of the building code shall govern to the extent of such inconsistency.
25.120 Massages.
1) Attire. Whenever a massage is given on premises licensed under this chapter, the person giving the massage and the person receiving the massage shall at all times have his buttocks, genitals, and pubic area covered with a non-transparent material.
2) Prohibited Massages. It is unlawful for any person on premises licensed under this chapter to give a massage to a person of the opposite sex.
25.130 Submission of Plans and Specifications. All persons who hereafter construct, remodel, or convert buildings or facilities for use as a massage parlor or sauna shall conform and comply in their construction, erection, or alterations with the requirements of this chapter. Plans and specifications for the sauna and massage parlor areas, and locations, size and type of equipment and facilities, shall be filed with the City Clerk. A building permit shall not be issued for any such construction, remodeling, or alteration until such permit shall have the approval of the Health Officer.
25.140 Inspection of Premises and Identification of Employees. During business hours a massage parlor or sauna shall be open for inspection by city health, building, and fire department inspectors and by law enforcement. The main entrance and each inner door restricting access to a sauna or massage room shall remain unlocked during business hours and upon demand, access shall be provided an inspector or law enforcement officer to any other part of the licensed premises.
25.150 Business Hours and Services. No customer or patron shall be allowed to enter or remain on the licensed premises after 10:00 p.m. or before 8:00 a.m. daily. The licensee shall post in a conspicuous location on the licensed premises a detailed and complete list of services and charges.
119 Chapter 26 MOVING OF HOUSES, BUILDINGS, AND OTHER STRUCTURES
26.010 Permit Required. No person shall move, haul, or transport, any house, building, derrick, or other structure of the height of sixteen (16) feet or more, of a width of fifteen (15) feet or more, or which cannot be moved at a speed of 4 miles per hour or more, upon, across, or over any street or alley without first obtaining a permit therefor as hereinafter provided.
26.020 Manner of Obtaining Permits. All applications for permits to move houses, buildings, derricks, or other structures mentioned in 26.010 shall be made in writing to the City Clerk, specifying the date and hour said moving is to commence, and the street route over which said building or structure shall be moved. If it shall be necessary to cut down, move, raise, or in any other way interfere with any wires or poles, the application shall state the name of the owner of said wires and poles, the time and place when and where removal of said cutting and/or raising, or other interference with said wires will be necessary. A permit to move shall in all cases issue upon an appropriate resolution of the Council; provided, however, that in all cases involving the moving of newly constructed houses or buildings, the Building Inspector shall be authorized to issue the necessary permit when the Council theretofore by resolution shall have approved the manufacturer, contractor, or mover thereof.
26.030 Fee for Permit. Before a permit to move any house, building, derrick or other structure is granted under the provisions herein, the applicant for said permit shall pay to the City Clerk a fee, the amount of which shall be set by resolution of the City Council, which shall be deposited to the credit of the general fund of the City.
26.040 Surety Bond Required. Every person at the time of making application for a permit as provided in 26.020 hereof shall execute in favor of the City a good and sufficient surety bond to be approved by the Council, indemnifying the City against any loss by reason of damage to streets or other City property, and saving the City harmless from any damage to private property or damage suit resulting from the failure of such person to comply with the provisions hereof, or from their negligence.
26.050 Notice to Owners of Wires and Poles. The City Clerk shall, upon filing of such application, give not less than five days’ written notice to the person owning or operating such wires and poles or to their agents of the time when, and the place where, the removal of said poles or the cutting, raising, or otherwise interfering with said wires shall be necessary.
26.060 Duty of Owners of Wires and Poles. Every person owning or operating said poles or wires after service of notice shall furnish competent workmen or linemen to remove such poles, or raise or cut wires, as may be necessary to facilitate the moving of such house, building, derrick, or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.
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26.070 Duty of House Movers. No person engaged in moving any home, building, derrick, or other structure shall raise, cut, or in any way interfere with any such poles or wires unless the persons or authorities owning or having control of the same shall neglect or refuse to do so after having been notified as required in 26.050. Thereupon, the person or persons engaged in such moving may employ competent and experienced workmen or linemen to perform the necessary work, which shall be done in a careful and workmanlike manner, and the poles and wires shall be promptly replaced and the damage thereto promptly repaired.
26.080 Duty of the Building Inspector. The Building Inspector shall from time to time inspect the progress of the moving of any building, house, or other structure and see that said house, building, or other structure is being moved in accordance with the provisions of the ordinance.
26.090 Compliance. Any person moving any of the structures mentioned in 26.010 of the ordinance upon, across, or over any street, alley, or other public place, shall comply with all of the provisions of Minnesota Statutes Sections 169.80 through 169.88.
121 Chapter 27 OUTDOOR ADVERTISING
(P&Z working on this)
122 Chapter 28 NUISANCES AND OFFENSES
28.010 Public Nuisance Defined. Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:
1) maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public, or
2) interferes with, obstructs, or renders 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 omission declared by law of this ordinance to be a public nuisance and for which no sentence is specifically provided.
28.020 Public Nuisances Affecting Health. The following are hereby declared to be nuisances affecting health:
1) Exposed accumulation of decayed or unwholesome food or vegetable matter;
2) All diseased animals running at large;
3) All ponds or pools of stagnant water;
4) Carcasses of animals not buried or destroyed within 24 hours after death;
5) Accumulations of manure, refuse, or other debris;
6) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
7) The pollution of any public well or cistern, stream or lake, canal, or body of water, by sewage, industrial waste, or other substances;
8) All noxious weeds and other rank growths of vegetation upon public or private property;
9) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
10) All public exposure of persons having a contagious disease;
11) Any offensive trade or business as defined by statute not operating under local license.
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28.030 Public Nuisances Affecting Morals and Decency. The following are hereby declared to be nuisances affecting public morals and decency:
1) All gambling devices, slot machines, and punch boards, except as authorized by law;
2) Betting, bookmaking, and all apparatus used in such occupations, except as authorized by law;
3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses except as authorized by law, houses of ill fame, and bawdy houses;
4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place;
5) Any vehicle used for the transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose.
28.040 Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety:
1) All snow and ice not removed from public sidewalks 12 hours after the snow or other precipitation causing the condition has ceased to fall;
2) All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;
3) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
4) All unnecessary noises and annoying vibrations;
5) Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this code or other applicable law;
6) Radio aerials or television antennae erected or maintained in a dangerous manner;
7) 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, obstructing traffic and the free use of the street or sidewalks;
124 8) All hanging signs, awnings, and other similar structures over streets and sidewalks, or so situated as to endanger public safety, or not constructed and maintained as provided by ordinance;
9) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
10) Any barbed wire fence less than six feet above the ground and within three feet of a public sidewalk or way;
11) All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
12) Wastewater cast upon or permitted to flow upon streets or other public property;
13) Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other material, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or to fire, health or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated;
14) Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located;
15) Obstruction to the free flow of water in a natural waterway or a public street, drain, gutter, or ditch with trash or other materials;
16) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance;
17) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
18) All other conditions or things which are likely to cause injury to the person or property of anyone.
28.050 Unnecessary Loud Noised Prohibited. No person shall make, continue, or cause to be made or continue any loud, unnecessary, or unusual noise which unreasonably annoys, disturbs, injures, or endangers the comfort, convenience, safety, health, welfare, or repose of persons in the vicinity thereof, unless the making , continuing, or causing to be made or continued of such noise cannot be prevented or is necessary for the protection or preservation of property or of the health, safety, life, or limb of some person.
28.060 Specific Noises Prohibited. The following specify certain acts which are declared to be violations of this chapter, but this enumeration is not exclusive:
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1) Horns, Signaling Devices, etc. The sounding of any horn or signaling device or any automobile, motorcycle, bus, or other vehicle on any street or public place of the City, except a as danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for any unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle, or other device operated by engine exhaust; or the use of any such signaling device when traffic is for any reason held up;
2) Radios, Phonographs, etc. The playing, using or operating, or permitting the playing, using, or operation of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the room, vehicle, or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section;
3) Animals, Birds, etc. The keeping of any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity;
4) Defect in Vehicle or Load. The use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling, or other noise;
5) Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers;
6) Construction or Repairing of Buildings. The erection (including excavation), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration, or repair of any building or the excavation of streets or highways within the hours of 10:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 10:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work;
126 7) Pile Drivers, Hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam, or electric hoist or other appliance, the use of which is attended by loud or unusual noise, except in case of urgent necessity in the interest of public health and safety pursuant to a permit granted by the building inspector as provided in 28.060 Subd. 6 above;
8) Hawkers, Peddlers. The blowing of horns, ringing of bells, shouting or crying, or the use of any device whatsoever by peddlers, hawkers, and vendors to inform persons and residents in the vicinity of their presence on the street;
9) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, or sale;
10) Metal Rails, Pillars, and Columns. The transportation of rails, pillars, or columns of iron, steel, or other material, over and along streets and other public places upon carts, drays, cars, trucks, or in any other manner so loaded as to cause loud noises or as to disturb the peace and quiet of person in the vicinity of such streets or other public places;
11) Blowers. It shall be unlawful to operate or cause to be operated any noise creating blower or power fan, internal combustion engine, air compressor, or steam engine, the operation of which causes noises due to the explosion or expansion of operating gases or fluids unless the noise from such blower or fan is muffled and such engine or compressor is equipped with a muffler device sufficient to deaden such noises so that the same shall not cause annoyance to the public or disturb the rest and quiet of persons residing or occupying property near enough thereto to be annoyed thereby;
12) Chains on Motor Vehicles. It shall be unlawful to drive or propel any motor vehicle in any street or public place with chains fastened to the wheels of such motor vehicle in such manner that they or any part of them will strike any other part or parts of the vehicle on the revolution of the wheels or with any part or parts of such vehicle so loose or out of repair as to create any loud or unnecessary noise.
13) Permitted Sounds. Nothing in this chapter shall be construed to classify as loud, unusual, or unnecessary sounds from any of the following activities:
a) marching and/or playing of music by bands, orchestras, or other musical aggregations;
b) church bells, chimes, and carillons;
c) duly authorized parades;
14) Noises Near Schools, etc. No person shall make, continue to cause to be made, or continued, any loud unnecessary or unusual noise on any street adjacent to any school, institution of learning, church, or court while the same are in use, which unreasonably interferes with the workings of such institution. Conspicuous signs shall be placed on or
127 adjacent to such streets indicating a school, church, or court location shall not be considered unless such signs have been placed as required by this section;
15) Fireworks. Except as may be specifically permitted by state law, no person shall sell, offer for sale, or use or explode any fireworks;
16) Parties and Gatherings. No person shall, between the hours of 11:00 p.m. and 7:00 a.m. attend or participate in any party or gathering of four or more persons from which noise emanates in sufficient volume to disturb the peace, quiet, comfort, or repose of persons in any hospital or office, or in any dwelling, hotel, motel, or other type of residence, or of any persons in the vicinity; nor shall any person visit or remain in any dwelling, structure, or place where such party or gathering is taking place, except persons who have gone there for the purpose of abating such noise or disturbance;
17) Sound Amplification Devices; Definitions.
a) The term “sound device or apparatus” means any radio device or apparatus for the amplification of any sounds from any radio, phonograph, or other sound-making or sound-producing device, or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
b) The phrase “to use or operate any sound device or apparatus in, on, near, or adjacent to any public street, park, or place” means to use or operate or cause to be used or operated any sound device or apparatus on the street or public place in front of or outside of the enclosed part of any building, place, or premises, or in or upon any vehicles operated, standing, or being in or on any public street, park, or place where the sounds therefrom may be heard in any public street, park, or place, or from any stand, platform, or other structure, or anywhere in the public streets, parks, or places;
18) Commercial Uses Prohibited. No person shall use or operate any sound device or apparatus in, on, near, or adjacent to any public street, park, or place, for commercial or business advertising purposes;
19) Non-Commercial Uses: Permit Required. No person shall use or operate any sound device or apparatus in, on, near, or adjacent to any public street, park, or place, unless he shall first obtain a permit to be issued by the Council in the manner hereinafter prescribed and unless he shall comply with the provisions of this chapter and the terms and conditions prescribed in such permit;
20) Application for Permit. Each applicant for a permit shall file a written application with the Council at least 10 days prior to the date upon which such sound device or apparatus is to be used or operated. Such application shall describe the specific location where, the day or days when, and the hour or hours during which it is proposed to use or operate such sound device or apparatus, and the application shall likewise specify the volume of sound which is proposed to be used measured by decibels or by any other
128 efficient method of measuring sound, and such other pertinent information as the Council may deem necessary to enable it to carry out the provisions of this chapter;
21) Issuance of Permit: Terms. The Council shall not deny a permit for any specific time, location, or use, to any applicant who complies with the provisions of this chapter, except for one or more of the reasons specified in 28.060, Subd. 22 below, or to prevent overlapping the granting of permits. Each permit issued pursuant to this section shall describe the specific location in which such sound device or apparatus is to be used or operated thereunder, the exact period of time for which such apparatus or device may be operated in such location, the maximum volume of sound which may be employed in such use or operation and such other terms and conditions as may be necessary for the proper enforcement of this chapter.
22) Special Restrictions. The Council shall not issue any permit for the use of a sound device or apparatus:
a) in any location within 500 feet of a school, courthouse, or church, during the hours of school, court, or worship, respectively, or within 500 feet of any hospital or similar institution;
b) in any location where the Council, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device or apparatus will constitute a threat to the safety of pedestrians or vehicular operators;
c) in any location where the Council, upon investigation, shall determine that conditions of overcrowding or of street repair or other physical conditions are such that the use of a sound device or apparatus will deprive the public of the right to the safe, comfortable, convenient, and peaceful enjoyment of any public street, park, or place for street, park, or other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators;
d) in or on any vehicle or other device while it is in motion;
e) between the hours of 8:00 p.m. and 8:00 a.m., or
f) Where the volume of sound proposed to be used in the operation of such sound device or apparatus, as specified in the permit, will be audible for a distance in excess of 300 feet from the place or places where such device or apparatus will be located;
23) Exceptions. This chapter shall not apply to the use or operation of any sound device or apparatus by any church or synagogue on or within its own premises, in connection with the religious rites or ceremonies of such church or synagogue, or to sound amplification devices used by the police and fire departments of the City of Elgin in the performance of their official duties.
129 24) Abatement: Written notice of violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of City Council Order; notice of motion for summary enforcement hearing shall be given as set forth in this subdivision.
a) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises, either in person or by certified or registered mail. If the premises are not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.
b) Notice of Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises, either in person or by certified or registered mail. If the premises are not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of Council hearing, notice of Council hearing shall be served by posting it on the premises.
c) Notice of City Council order. Except for those cases determined by the City to require summary enforcement, written notice of any City Council order shall be made as provided in Minnesota Statutes §463.17 (Hazardous and Substandard Building Act).
d) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in Minnesota Statutes §463.17 (Hazardous and Substandard Building Act).
e) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the Council. Thereafter, the Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the Council, the City may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement.
f) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in the preceding sections of Subdivision 24 above will permit a continuing nuisance to unreasonably endanger public health, safety, or welfare, the City Council may order summary enforcement and abate the
130 nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the City and that delay in abatement of the nuisance will unreasonably endanger public health, safety, or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the City’s intention to seek summary enforcement and the time and place of the Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in the above sections of Subdivision 24 above, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
g) Immediate abatement. Nothing in Subdivision 24 shall prevent the City, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety.
25) Recovery of Cost.
a) Personal liability. The owner of premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk.
b) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees or any other matter set forth in Minnesota Statutes §429.101, the Clerk shall, on or before September 1st next following abatement of the nuisance, list the total unpaid charges along with all other such charges, as well as other charges for current services to be assessed under Minnesota Statutes §429.101 against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments not exceeding 10, as the Council may determine in each case.
26) Penalty. Any person convicted of violating any provision of this Ordinance No. 28 is guilty of a misdemeanor and is also responsible for paying the costs of prosecution.
131 Chapter 29 TRAFFIC CODE
29.010 Scope. The provisions of Chapters 30 and 31 shall apply only to the operation of vehicles upon streets, highways, or roadways located within the city limits of Elgin.
29.020 Penalty. Unless otherwise declared with respect to particular violations, it is a petty misdemeanor for any person to do any act forbidden or fail to perform any act required by Chapters 30 and 31, except that: 1) a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property; or 2) exclusive of violations relating to the standing or parking of an unattended vehicle, a third or subsequent violation of any of the provisions of said chapters, classified by this section as a petty misdemeanor, within the immediate preceding 12 month period, is a misdemeanor.
29.030 Compliance with Police Direction. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic.
29.040 Application. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the State of Minnesota, or any county, city, town, district, or other political subdivision, subject to such specific exemptions as are set forth with reference to authorized emergency vehicles.
29.050 Emergency Vehicles. The driver of any authorized emergency vehicle, when responding to an emergency call, upon approaching a red or stop signal or any stop sign, shall slow down as necessary for safety, but may proceed cautiously past such red or stop sign or signal after sounding siren and displaying red lights.
The driver of any authorized emergency vehicle, when responding to an emergency call, may enter against the run of traffic on any one-way street, or highway where there is authorized division of traffic, to facilitate traveling to the area in which an emergency has been reported, and the provisions of this section shall not affect any cause of action arising prior to its passage.
No driver of any authorized emergency vehicle shall assume any special privilege under this chapter except when such vehicle is operated in response to any emergency call or in the immediate pursuit of an actual or suspected violator of the law.
29.060 Road Crews. The provisions of this chapter shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the roadway or a highway, but shall apply to such persons and vehicles when traveling to or from such work.
132 29.070 Bicycles and Animals. Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway shall be subject to the provisions of this chapter applicable to the driver of a vehicle except those provisions which by their nature can have no application.
29.080 Definitions. As used in Chapters 30 through 31, terms shall have the meanings set for them in Minnesota Statutes Chapters 169 and 169A.
29.090 Operation of Motorcycles. No person shall operate a motorcycle in or upon any of the following public places in the City:
1) upon any public sidewalk;
2) upon any pedestrian walkway in any public park;
3) in any public park except upon roadways established and marked for vehicular travel;
4) upon any public school grounds except upon roadways established and marked for vehicular travel;
5) upon any public parking areas except for the purpose of parking therein;
6) upon any other public grounds or areas except upon roadways established and marked for vehicular travel.
29.100 Seasonal Load Restrictions. No person shall operate a vehicle on a street on which vehicular traffic is prohibited or in violation of the designated weight restriction for such street. The Council may by resolution prohibit the operation of vehicles upon any street or impose restrictions as to the weight of vehicles to be operated upon any street, whenever any such street, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles therein is prohibited or the permissible weights thereof reduced. The resolution providing for such prohibition or such restriction shall describe the street and the termini of the prohibition or restriction. The Council shall erect or cause to be erected and maintained signs plainly indicating the prohibition or restriction at each end of that portion of any street affected thereby and the prohibition or restriction shall not be effective unless and until such signs are erected and maintained.
29.110 Use of Bicycles.
1) No person shall ride or propel a bicycle or motor-bicycle on a street or other public highway of the City with another person on the handlebars or in any position in front of the operator.
2) No bicycle or motor-bicycle shall be ridden faster than is reasonable and proper, but every bicycle or motor-bicycle shall be operated with reasonable regard to the safety
133 of the operator and other persons upon the sidewalks, streets, and other public highways of the City.
3) Persons riding bicycles or motor-bicycles shall observe all traffic signs and stop at all stop signs.
4) No bicycle or motor-bicycle shall be permitted on any sidewalk, street, or other public highway of the City between thirty minutes after sunset and thirty minutes before sunrise unless there is firmly attached to the bicycle or motor-bicycle a headlight visible under normal atmospheric conditions from the front of the bicycle or motor-bicycle for not less than 300 feet and a yellow or red light or reflector attached to the rear and visible 200 feet in that direction. The headlight shall give a clear white light and shall be properly lighted during such hours of darkness.
5) No person shall ride or propel a bicycle or motor-bicycle upon any street or other public highway in the City abreast of more than one other person riding or propelling a bicycle or motor-bicycle.
6) Every person riding or propelling a bicycle or motor-bicycle upon any street or other public highway in the City shall observe all traffic rules and regulations applicable thereto. He shall turn only at intersections, signal for all turns, ride at the right side of the sidewalk, street, or highway, pass to the left when passing overtaken vehicles and individuals, and shall pass to the right vehicles and persons proceeding in the opposite direction.
7) No person shall ride any bicycle or motor-bicycle on any sidewalk in the City.
29.120 Exhibition Driving Prohibited. No persons shall turn, accelerate, decelerate, or otherwise operate a motor vehicle within the City in a manner which causes unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying, throwing of sand or gravel, or in a manner simulating a race. Squealing or screeching sounds emitted by tires, or the throwing of sand or gravel by the tires is prima facie evidence of a violation of this section.
29.130 Recreational Motor Scooters, Motorized Push Scooters, Motorized Bicycles, Electric- Assisted Bicycles, and Motorized Skateboards. The purpose of this section is to provide rules for the regulation of motor scooters, motorized push scooters, motorized bicycles, electric- assisted bicycles, and motorized skateboards as defined in Minnesota Statutes Chapter 169, excluding motor scooters and bicycles that meet the criteria for or could otherwise be defined as a motorcycle under Minnesota Statutes §169.01 and requiring for its lawful operation on any city street or highway a valid standard driver’s license with a two-wheeled endorsement under Minnesota Statute §169.974, on public and private property. It is intended to protect life and property, and to prevent public nuisances. Nothing in this section shall be construed to minimize regulations as set forth in Minnesota Statutes Chapters 168, 169, and 171 and other regulations as they may pertain to motor scooters, motorized push scooters, motorized bicycles, electric- assisted bicycles, and motorized skateboards with a piston displacement of 50 cubic centimeters or greater.
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It is a misdemeanor for any person to operate a motor scooter, motorized push scooter, motorized bicycle, electric-assisted bicycle, or motorized skateboard with a motor that has a piston displacement of less than 50 cubic centimeters:
1) on public property, including, but not limited to, streets, boulevards, easements, parks, whether leased or owned, schools, playgrounds, sidewalks, walkways, on designated bicycle paths and recreation areas or other areas designated for motor vehicle or pedestrian use, except those specifically designated by the City Council;
2) on private property without the prior written permission of the owner or tenant having control of such property;
3) in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause damage or injury thereto;
4) performing stunts, drills, acrobatics, racing, or playing games of any sorts, without the prior written approval of the City Council;
5) in a manner so as to create a loud, unnecessary noise which unreasonably disturbs or interferes with the peace and quiet of another person;
6) to intentionally drive, chase, run over, or kill any animal, wild or domestic;
7) anywhere in the City before the hour of 10:00 a.m. or after the hour of 7:00 p.m.
8) anywhere in the City at speeds in excess of 18 mph.
29.140 Administrative Fines. Administrative offense procedures established pursuant to this section are intended to provide the public and the City of Elgin with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain City Code provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for thereafter, the individual may withdraw from participation in the procedures, in which event the City may bring criminal charges in accordance with law. Likewise, the City of Elgin in its discretion may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City of Elgin will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence, in the event the party is charged and is adjudicated guilty of the criminal violation.
1) Administrative Offense Defined. An administrative offense is a violation of a provision of the City Code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Section 30.140, Subd. 9 below, entitled “Offenses and Penalties”.
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2) Notice. Any officer of the Wabasha County Sheriff’s Office or any other person employed by the City, authorized in writing by the Mayor and having authority to enforce the City Code, shall upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date, and time of the violations, the name of the official issuing the notice, and the amount of the scheduled penalty.
3) Payment. Once such notice is given, the alleged violator may, within fifteen (15) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereinafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
4) Hearing. Any person contesting an administrative offense pursuant to this section may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed within seven (7) days.
5) Hearing Officer. The Mayor shall designate in writing a hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this section and may be compensated by the City for such hearings and related findings.
6) Failure to Pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid or if an individual is found not be have committed the administrative offense by the hearing officer, no such charge may be brought by the City of Elgin for the same violation.
7) Disposition of Penalties. All penalties collected pursuant to this section shall be paid to the City of Elgin and deposited in the general fund.
8) Offenses and Penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses shall be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the City Clerk.
29.150 Jake Braking Prohibited. No dynamic engine brakes (jake braking) shall be used or applied anywhere within the city limits of Elgin. Appropriate signs prohibiting such brake use shall be erected at all highway entrances into the City accordingly. Violation of this ordinance shall constitute a petty misdemeanor subjecting the offender to a fine as provided by Minnesota Statutes §609.02.
136 Chapter 30 PARKING REGULATIONS
30.010 Definitions. As used in this chapter, the following words and phrases mean:
1) Crosswalk. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersection, or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
2) Curb. The lateral boundaries of a roadway, whether or not marked by curbing.
3) Double Parking. The parking of a vehicle on the roadway side of any vehicle stopped or parked at the edge or curb of a roadway.
4) Driver. Every person who drives or is in actual physical control of a vehicle.
5) Intersection. The area embraced within the prolongation or connection of the lateral curbing lines, or if none, then the lateral boundary lines of the roadway of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. Where a highway includes 2 roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes 2 roadways 30 or more feet apart, then every crossing of 2 roadways of such highways shall be regarded as a separate intersection.
6) Limited Parking Zone. A zone or area in which the Council has restricted parking on the streets or parts of streets therein to less than 12 hours.
7) Motor Vehicle. Every vehicle which is self-propelled. “Motor vehicle” does not include an electric personal assistance mobility device or a vehicle moved solely by human power.
8) One-Way Street or Alley. A street or alley designated and sign-posted for one- way traffic and on which all vehicles are required to move in one indicated direction.
9) Owner. A person who holds the legal title to a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this ordinance.
137 10) Park or Parking. The stopping, standing, or parking of vehicles upon a street or alley whether accompanied or unaccompanied by the operator thereof, except temporary stops for the purpose of loading and unloading passengers.
11) Private Road or Driveway. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
12) Right-of-Way. The privilege of the immediate use of the street or alley.
13) Roadway. That portion of a street or alley improved, designed, or ordinarily used for vehicular travel.
14) Semi-Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
15) Sidewalk. That portion of a street between the curbing or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
16) Street or Alley. The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. The term “street” specifically includes highways.
17) Traffic Control Devices. All signs, signals, markings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
18) Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
19) Truck. Every motor vehicle designed, used, or maintained primarily for the transportation of property.
20) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or alley, except devices moved by human power or used exclusively upon stationary rails or tracks.
30.020 Parallel to Curb. Except as otherwise provided, no person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, with the curb-side wheels of the vehicle within 12 inches of the edge of the roadway, and not closer than 4 feet to another vehicle parked at the curb.
138 30.030 Where No Curb. Upon streets and highways not having a curb, each vehicle stopped or parked shall be stopped or parked parallel with and to the right of, and wherever possible, off of the paved or improved or main traveled part of the street or highway.
30.040 One-Way Roadway. No person shall stand or park a vehicle on a one-way roadway except when such vehicle is so parked as to have the front part of such vehicle facing in the same direction on the one-way street as the traffic thereon is permitted to pass.
30.050 Angle Parking. Upon those streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks or signs.
30.060 Manner of Parking and Right-of-Way. The driver of a vehicle intending to park at the curb of any street or highway at a place about to be vacated by another vehicle shall remain at the back of said parking space and wait until said vehicle has vacated said parking space. The person so desiring to park shall thence move his vehicle to a place immediately in front of said parking space and back into it, and the driver of any other vehicle approaching from the rear shall yield the right-of-way to such person for the purpose of parking at said parking space. Provided, that in care there is no one in position immediately in front of said parking space prepared to back into it, and said parking space is large enough to permit it, the driver of an approaching vehicle may head into said parking space without backing.
30.070 Vehicles Back to Curb. No vehicle shall be backed up to the curb to load or unload, except when the weight or bulk of the load necessitates loading or unloading in this position, and only for the period of time necessary to so load or unload said vehicle.
30.080 Disabled Vehicles. The provisions of this ordinance relating to stopping, standing, and parking shall not apply to the driver of any vehicle which is disabled while on the paved or improved or main traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
30.090 Cars for Sale. No person shall place any vehicle on a highway to display the same for sale or exchange. A vehicle shall be deemed to be displayed in violation of this section when found standing upon a street or highway and bearing a sign indicating that it is for sale or exchange.
30.100 Washing, Greasing, Etc. No person shall wash, grease, or repair such vehicle upon a street or highway, except such repairs as are necessitated by an emergency.
30.110 Stopping or Parking Prohibited in Specified Places. No person shall stop, stand, or park a vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device, in any of the following places:
1) on a sidewalk or boulevard between sidewalk and roadway;
139 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;
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 adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
9) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
10) within 50 feet of the nearest rail of a railroad crossing;
11) within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly sign-posted;
12) alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic;
13) along the curb adjacent to any school property from 8:00 a.m. to 4:00 p.m. on days when school is in session;
14) upon any bridge or approach or other elevated structure upon a street or highway or within a street or highway tunnel, except as otherwise provided by ordinance;
15) in a position or place which blocks a fire escape or the exit from any building;
16) at any place where temporary signs prohibit parking as long as such signs are in place;
17) in any area designated by the City Council as “Parking with Written Permission of City of Elgin Only” or “Reserved for City of Elgin Employee Vehicle Only” zones. The City Council shall have the power to tow vehicles parked in violation of this subdivision and shall have the power to post appropriate signs for enforcement.
140 30.120 Recreational Vehicles, Camping Trailers, Etc. No person shall for camping or housing purposes, leave or park a house or camping trailer or other recreational vehicle, on or within the limits of any street or highway or on any street or highway right-of-way, except where signs are erected designating the place as a camp site.
30.130 Moving Vehicle When Ordered. No person shall stop or park a vehicle on a street or highway when directed or ordered to proceed by any law enforcement officer invested by law with authority to direct, control, or regulate traffic.
30.140 No Parking Zones. No person shall stop, stand, or park a vehicle, except as otherwise provided or unless directed to do so by a law enforcement officer, on any street or highway where the Council has established a No Parking Zone, and such zone is marked by sign or yellow curb, provided the Council shall have the authority to rescind the establishment of such zone.
30.150 Truck Loading Zones. No person shall stop, stand, or park a vehicle, other than a commercial vehicle in any space established by the Council as a Truck Loading Zone. Commercial vehicles shall not be parked in Truck Loading Zones for any purposes or length of time other than the expeditious unloading and delivery or pickup and loading of materials upon any street or highway between the hours of 8:00 a.m. and 6:00 p.m., unless otherwise designated, Sundays and legal holidays excepted. In no case shall the stop for loading and unloading of materials exceed 30 minutes.
30.160 Passenger Loading Zones. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place officially designated and marked as a Passenger Loading Zone during the hours when the regulations applicable to such Passenger Loading Zone are effective, and then only for a period not to exceed 10 minutes.
30.170 Limited Parking Zones. No person shall park any vehicle for a longer period than is designated on the signs marking such zone in any Limited Parking Zone established by the Council, except on Sundays and legal holidays; provided the Council shall have authority to rescind the establishment of such zone.
30.180 Parking of Certain Vehicles Restricted. No person shall park any of the following described vehicles on any street for more than 30 minutes between 1:00 a.m. and 6:00 a.m., except for the purpose of loading or unloading where access to the premises is not otherwise available:
1) Trucks of a capacity of more than ¾ ton, according to the manufacturer’s rating;
2) Trucks having an overall length of more than 20 feet or width at any point of more than six feet;
3) Dump trucks, tractors, truck-tractors, trailers, boats and boat trailers, semi-trailers, or any heavy machinery;
141 4) Any truck, trailer, or semi-trailer which is being used for the transportation of livestock or has been used for the transportation of livestock and has not been cleaned.
30.190 No Truck Parking Zones. The Council may by resolution establish “No Truck Parking” zones in the business district, and the City Engineer shall mark by appropriate signs any zones so established. Such zones shall be established in the business district where heavy traffic by trucks or other traffic congestion makes parking by trucks a hazard to the safety of vehicles or pedestrians. No person shall park a truck of more than one ton capacity on any day except Sunday upon any street in any such zone, but parking of such vehicle for a period of not more than 30 minutes shall be permitted in such zone for the purpose of having access to abutting property when such access cannot conveniently be secured otherwise.
30.200 Liability of Registered Owner. The presence of any motor vehicle on any street when standing or parked in violation of any section of this chapter is prima facie evidence that the registered owner of the vehicle authorized the commission of the violation.
30.210 Emergency Removal of Vehicle. Whenever the Public Works Director or any of his assistants shall find it necessary, for purposes of facilitating street maintenance operations, such as the removal of snow, ice, or street wastes, to move any vehicle standing on any highway, said Public Works Director or his assistant, or other emergency officials in the discharge of their duties, are hereby authorized to move such vehicle to the extent necessary for such purposes.
30.220 Removal of Illegally Stopped Vehicles. Whenever any law enforcement officer finds a vehicle standing upon a street or highway in violation of any of the foregoing provisions of this section, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to remove the same to a position off the paved or improved or main traveled part of such street or highway.
30.230 Moving of Vehicles. Any law enforcement officer may move or cause to be moved from said street as herein described any vehicle improperly parked or remaining parked, or standing disabled upon the street herein specified for more than a reasonable time, and the cost thereof borne by the owner of the vehicle, which may be assessed as part of the penalty for the violation of this ordinance.
30.240 Standing with Brakes Set. No person driving or in charge of a motor vehicle shall permit it to stand unattended on a grade without effectively setting the brakes thereon and turning the front wheels to the curb or side of the highway.
30.250 Locked Ignition. Every person parking a passenger automobile on a public street or alley shall lock the ignition, remove the key, and take the same with him.
30.260 Certain Vehicles Prohibited from Angle Parking. No vehicle or combination of vehicles exceeding 20 feet in length shall stop, stand, or park in any place or space lined or marked for angle parking.
142 30.270 Parking in Public Alleys. Vehicles other than trucks shall not be parked in public alleys, and trucks shall not be so parked for a longer period of time than is necessary to load or unload commodities, and then not to exceed 30 minutes.
30.280 Double Parking. Vehicles shall not double park on a street or highway except trucks when calling for or delivering merchandise, and when access to the curb at or immediately adjacent to the place of delivery is blocked by other vehicles, and then only for such length of time as may be necessary to load or unload, such length of time in any event not to exceed 15 minutes.
30.290 Impoundment. Any law enforcement officer may remove a vehicle from a street to a garage or other place of safety, when the vehicle is left unattended and constitutes an obstruction to traffic or hinders snow removal or street improvement or maintenance operation. Such vehicle shall not be released until the fines for towing and storage are paid in addition to any fine imposed for a violation of this ordinance.
30.300 Using Vehicle for Advertising. No persons shall operate or park on any street any vehicle for the primary purpose of advertising, except when a special permit is obtained from the Council.
30.310 Parking Zones; General Limitation. No person shall park any vehicle in any parking zone for a longer consecutive period of time than is designated on the signs or markings painted or erected in such zones. In those zones or areas where no signs or markings are painted or erected, no person shall park any vehicle for more than 48 consecutive hours. Any vehicle moved a distance of not more than one block during the limited parking period shall be deemed to have remained stationary.
30.320 Penalties for Violations. Violation of any provisions of this ordinance, except where state law provides otherwise, is a petty misdemeanor. Additionally, penalties, as established by the resolution of the Elgin City Council, may be imposed for each violation hereof.
30.330 Winter Parking Regulations.
1) Applications. The owner, driver, operator, or person in charge of any motor vehicle within the city limits of the City of Elgin shall conform to and observe the regulations set forth in this ordinance.
2) Definitions. As used and set forth in the ordinance, the following terms shall have the following meanings and definitions:
a) “Motor vehicles” shall mean any self-propelled motor vehicle or other vehicle on wheels, which would ordinarily travel on public streets.
b) “Snowmobile” shall mean a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.
143 c) “Trailer” shall mean any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle.
d) “Park”, “parked”, or “parking” shall mean stopping, leaving, or allowing any motor vehicle, snowmobile, or trailer to stand upon the public street.
e) “Public street” shall mean the improved portion between boundary lines of any way or place within the city limits, when any part thereof is open to public use for vehicular traffic and shall include public ways commonly referred to as alleys, avenues, or boulevards.
3) Winter Parking Restrictions. Between November 1 and April 1, it shall be unlawful for any person to park or leave a motor vehicle, snowmobile, or trailer on any public street when continuous or intermittent snow, ice, or similar precipitation has accumulated to a depth of 2 inches or more on any public street until all snow, ice, or similar precipitation has been plowed or removed form the full width of the public street.
It shall be the responsibility of the Public Works Director or his designee to determine whether or not the snow, ice, or other precipitation has accumulated to a depth so as to require the parking restrictions herein provided for.
4) Impoundment. At the direction of any law enforcement officer, a citation may be issued in connection with any motor vehicle parked in violation of this ordinance, and if the vehicle is unoccupied, it may be towed away to a place of safekeeping for impoundment. Any law enforcement officer is hereby empowered to request any private garage or towing service to tow away and impound any vehicles in violation hereof. Any law enforcement officer may designate city employees to carry out the authority and responsibility herein provided to law enforcement officers.
5) Recovery of Impounded Vehicles. Any motor vehicle, snowmobile, or trailer towed away and impounded under this ordinance may be claimed or recovered from the towing service after payment to the towing service of all towing, impoundment, and storage charges. The City of Elgin does not assume any responsibility for any damage done during towing or impoundment under this ordinance.
6) Prohibition on Snow Removal from Private Property. No person shall remove snow from his private property and deposit the same on any public street or parking lot. Any snow so deposited may be removed by the City, and the cost of such removal shall be assessed and charged to the person in violation thereof.
7) Authority to Place Temporary No Parking Signs. Temporary “No Parking” signs may be erected by City employees on any street to permit snow removal. No person shall park any motor vehicle, snowmobile, or trailer upon the streets where such temporary signs are erected.
144 30.340 Unlicensed Vehicles Prohibited. An “unlicensed vehicle” means any vehicle not having attached, in the manner prescribed by Minnesota state law, a currently valid motor vehicle license as issued by any state, province, or nation. No person shall park or store or allow to be parked or stored any unlicensed vehicle at any place in the City, unless the aforementioned items are within the confines of a licensed junkyard or within the confines of a lawfully erected building.
145 Chapter 31 HEAVY TRAFFIC ROUTES; PROHIBITION ON TRUCK PARKING AND IDLING
31.010 Definitions.
1) “Commercial Vehicle or Equipment” means and includes trailers, commercial vehicles, dump trucks, truck trailers, travel trailers, trailers, semi-trailers, and heavy equipment, with a gross vehicle weight in excess of 15,000 pounds.
2) “Government Vehicle” means a vehicle owned or controlled by the federal government, the State of Minnesota, or a political subdivision of the State, including the City of Elgin.
31.020 Parking, Idling Restricted.
1) It is unlawful for a person to park a commercial vehicle or equipment on a public street or alley in any area of the City, except for the purpose of loading and unloading, or within one block of a vehicle repair shop. This subdivision does not apply to government vehicles engaged in governmental business.
2) A vehicle parked in violation of this subsection may be impounded by a duly authorized employee of the City or a law enforcement officer of the City and will be returned to the owner only after payment of the impoundment fees established by Council resolution. The impoundment of a commercial vehicle or equipment under this section does not preclude the prosecution of the owner of the vehicle or equipment for violation of this subsection.
3) Idling of semi-tractors is not allowed in residential zones between the hours of 9:00 p.m. and 6:00 a.m. unless they are attached to a trailer and actively loading or unloading. Idling of semi-tractors is allowed for a period of 20 minutes between the hours of 6:00 a.m. and 9:00 p.m. unless they are attached to a trailer and actively loading or unloading, during which they are allowed to idle.
4) The Public Works Director and the County Sheriff and the Deputy Sheriffs may issue citations in lieu of arrest for violation of this subsection.
31.030 Heavy Traffic Routes. Hereafter, any commercial vehicle or equipment carrying a weight of 4 tons or more per axle shall travel in the City of Elgin only upon the streets, avenues, alleys, and routes designated as “heavy traffic routes”.
146 1) Exceptions to the above paragraph are:
a) loading and unloading merchandise, and
b) travel to and from a vehicle repair shop. 2) The City of Elgin shall designate “heavy traffic routes” by resolution from time to time.
31.040 Penalties. Violation of this ordinance is a petty misdemeanor.
147 Chapter 32 EMERGENCY MANAGEMENT
32.010 Policy and Purpose. It is declared to be the purpose of this ordinance and the policy of the City that all emergency management functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this state, the county, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation’s manpower, resources, and facilities for dealing with any disaster that may occur.
32.020 Definitions.
1) “Declared Emergency” means an emergency declared by the Governor under Minnesota Statutes §12.31, or an emergency proclaimed by the Mayor under Section 33.060 of this ordinance.
2) “Emergency Management Forces” means any personnel employed by the City and any other volunteer or paid member of the local emergency management agency engaged in carrying on emergency management functions in accordance with the provisions of this ordinance or any rule or order thereunder.
32.030 Establishment of an Emergency Management Agency. There is hereby created within the City government an emergency management agency, which shall be under the supervision and control of an emergency management director, hereinafter called the “director”. The director shall be appointed by the Mayor for an indefinite term and may be removed by the Mayor at any time. The director may be compensated at a rate to be determined by the City Council and shall be paid for necessary expenses. The director shall have direct responsibility for the organization, administration, and operation of the emergency management agency, subject to the direction and control of the Mayor. The emergency management agency shall be organized into such divisions and bureaus, consistent with state and local emergency management plans, as the director deems necessary to provide for the efficient performance of local functions during an emergency. The emergency management agency shall perform emergency management functions with the City, and in addition, shall conduct such functions outside the City as may be required pursuant to the provisions of Minnesota Statutes as amended, or this ordinance.
32.040 Powers and Duties of the Director.
1) The director, with the consent of the Mayor, shall represent the City on any regional or state organization for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal emergency management aid and assistance in an emergency management emergency too great to be dealt with unassisted, and the director shall
148 present such agreements to the Council for its action. Such arrangements shall be consistent with the state emergency management plan and during an emergency management emergency, it shall be the duty of the emergency management agency and emergency management forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the Governor.
2) The director shall make such studies and surveys of the manpower, industries resources, and facilities of the City, including fallout shelters as the director deems necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency management emergency.
3) The director shall prepare a comprehensive general plan for the emergency management of the City, which will include a community shelter plan utilizing the established fallout shelters and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all emergency management forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the emergency management activities of the City to the end that they shall be consistent and fully integrated with the emergency management plans of other political subdivisions within the state.
4) In accordance with the state and city emergency management plan, the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of emergency management forces in advance of actual disaster as may be necessary to the prompt and effective operation of the City emergency management plan in time of an emergency management emergency. The director may, from time to time, conduct such practice air- raid alerts or other emergency management exercises as the director may deem necessary.
5) The director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local emergency management agency and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the director, shall be responsible for the planning and the programming of such emergency management activities as will involve the utilization of the facilities of this department or agency.
6) The director shall, in cooperation with existing city departments and agencies affected, organize, recruit, and train personnel that may be required on a volunteer basis to carry out the emergency management plans of the City and the state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for emergency management emergencies, they shall be assigned to such department or agency for purposes of administration and command. The director may dismiss any
149 emergency management volunteer at any time and require such volunteer to surrender any equipment and identification furnished by the City.
7) Consistent with the emergency management plan, the director shall provide and equip casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of the injured or homeless persons.
8) The director shall carry out all orders, rules, and regulations issued by the Governor pertaining to emergency management.
9) The emergency management director shall direct and control the general operations of all local emergency management forces during an emergency management emergency in conformity with controlling regulations and instructions of state authorities. The heads of departments and agencies shall be governed by the director’s orders in respect thereto.
10) Consistent with the emergency management plan, the director shall provide and equip at some suitable place in the City an Emergency operating center and, if required by the local emergency management plan, auxiliary centers to be used during an emergency management emergency as headquarters for direction and control of emergency management forces. The director shall arrange for representation at the center by municipal departments and agencies, public utilities, and other agencies authorized by federal or state authority to carry on emergency management activities during an emergency management emergency. The director shall arrange for the installation at the Emergency operation center of necessary facilities for communication with and between heads of emergency management divisions, the stations and operating units of municipal services and other agencies concerned with emergency management and for communication with other communities and emergency operating center, within the surrounding area and with the federal and state agencies concerned.
32.050 General Provisions on Emergency Management Workers.
1) Emergency management volunteers shall be called into service only in case of an emergency management emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation.
2) Each emergency management volunteer shall be provided with such suitable insignia or other identification as may be required by the director. Such identification shall be in a form and style approved by the federal government. No volunteer shall exercise any authority over the persons or property of others without such identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent such person to be an authorized volunteer.
3) No emergency management volunteer shall carry any firearm while on duty except on written order of any law enforcement officer.
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4) Personnel rights, benefits, policies, and procedures of the City applicable to regular employees shall not apply to volunteer emergency management workers but shall apply to paid employees of the emergency management agency.
32.060 Emergency Regulations.
1) When used in this section, the term “declared emergency” includes, in addition to the meaning given in 32.020 (1), disasters caused by fire, flood, windstorm, or other natural causes.
2) Whenever necessary to meet an emergency management emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the Mayor may by proclamation promulgate regulations, consistent with applicable federal or state law or regulation, regarding: protection against nuclear missiles; the sounding of an attack warning; the conduct of persons and the use of property during emergency management emergencies; the repair, maintenance, and safeguarding of essential public services; emergency health, fire, and safety regulation, trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in emergency management emergencies.
3) Every proclamation of emergency regulations shall be in writing and signed by the Mayor, shall be dated, shall refer to the particular emergency management emergency to which it pertains, if so limited, and shall be filed in the office of the City Clerk, where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk’s office shall be conspicuously posted at the City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon, the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the Mayor may modify or rescind any such regulation.
4) The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency management emergency to which it relates, whichever occurs first. Any ordinance, rule, or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists.
5) During an emergency management emergency, the Mayor is authorized to contract on behalf of the City for services or for the purchase of merchandise or materials where the amount of the contract or purchase does not exceed $5,000.00. The Mayor may take action without prior approval of the Council and without compliance with regular purchasing and bidding procedures, but all claims resulting therefrom shall be audited and approved by the Council as in the case of other purchases and contracts.
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32.070 Emergency Management Agency Procedures. There is hereby established in the City treasury an account in the general fund to be known as the emergency management account. Into this account shall be placed the proceeds of taxes levied for emergency management, money transferred from other funds, gifts, and other revenues of the emergency management agency. From it shall be made expenditures for the operation and maintenance of the emergency management agency and other expenditures for emergency management. Regular accounting, disbursement, purchasing, budgeting, and other financial procedures of the City shall apply to the emergency management account insofar as practicable, but budgeting requirements and other financial procedures shall not apply to expenditures from the account in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or property for emergency management purposes.
32.080 Fallout Shelters in Public Structures.
1) It is the policy of the City that fallout shelters be incorporated in all public buildings of the City to the fullest extent practicable in order to provide protection against radiation in the event of nuclear attack.
2) The City Council shall require that all contracts for the design or construction of public buildings, including additions to or alterations of existing structures, incorporate fallout protection for at least the normal anticipated daily population of the building. The fallout shelter protection provided for shall meet or exceed the minimum space and fallout protection criteria recommended by the Office of Emergency Management, United States Dept. of Defense, unless exempted from such shelter requirements as provided in (3).
3) The Council may exempt buildings or structures from the requirements of this section where it finds that such incorporation of fallout shelters will create an additional cost in the construction of such structure in excess of 2% of the estimated cost thereof without shelters so incorporated, or if it finds that other factors make unnecessary or impracticable an incorporation of a fallout shelter in such a structure.
32.090 Conformity and Cooperation with Federal and State Authority.
1) Every officer and agency of the City shall cooperate with federal and state authorities and with authorized agencies engaged in emergency management and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of federal and state law and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith.
2) The City Council may appoint any qualified person holding a position in any agency created under federal or state authority for emergency management purposes as a special law enforcement officer of the City, with such police powers and duties within the
152 City incident to the functions of the position, not exceeding those of a law enforcement officer in the county as may be prescribed in the appointment. Every such special law enforcement officer shall be subject to the supervision and control of the County Sheriff and such other law enforcement officers as the Sheriff may designate.
153 Chapter 33 CURFEW
33.010 Hours: Under 18. No minor shall be in or upon the public streets, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, or vacant lots, between the hours of 10:00 p.m. and 5:00 a.m. following, official city time, unless such minor is accompanied by his or her parent, guardian, or other adult person having the care or custody of the minor or unless the minor is upon an emergency errand directed by his or her parent, guardian, or other adult person having the care or custody of the minor, or unless his or her employment makes it necessary for him or her to be upon the streets, alleys, or public places during such hours.
33.020 Exception. The provisions of 33.010 shall be suspended on certain nights that have been officially designated by public or parochial school authorities as school social nights. The provisions of 33.010 shall be suspended only as to those persons who attend the school social activity.
33.030 No parent, guardian, or other adult having the care or custody of any minor shall permit any violation of 33.010. Parents’ Responsibility. 33.040 Responsibility of Others. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in such place during the hours prohibited by this chapter, unless accompanied by his or her parent, guardian, or other adult having care or custody of the minor, or unless the minor is out past curfew pursuant to Elgin City Code Section 18.081 or Section 18.092.
33.050 Penalties.
1) First Violation – Any minor in violation of 33.010 shall be either taken to, or ordered to go to, their homes, and their parent(s) or guardian shall be notified of this violation.
2) Subsequent Violations – Any minor in violation of 33.010 shall be taken to their home, or into law enforcement custody, and their parent(s) or guardian shall be notified of this violation, and the case may be referred for prosecution.
3) Any minor who is convicted of a violation of this ordinance after the case has been referred for prosecution in the trial court under Minnesota Statutes, and any adult person having the care and custody of such minor is guilty of a petty misdemeanor. Subsequent violations, after a conviction under this ordinance, will be prosecuted as misdemeanors.
4) Any operator of an establishment who is convicted of a violation of this ordinance shall be guilty of a petty misdemeanor.
154 33.060 Not to Impair Parental Control. This chapter is not to be construed to give minors the right to stay out until the curfew hours designated herein, or to diminish or impair parental of other legal control of minors.
155 Chapter 34 THE ESTABLISHMENT OF A VOLUNTEER FIRE DEPARTMENT, REGULATIONS FOR THE GOVERNMENT OF THE SAME, AND CONTROL OF FIRE HAZARDS
34.010 Fire Department Established. There is hereby continued as previously established a Volunteer Fire Department consisting of a Fire Chief, an Assistant Chief, and as many men as the Council may from time to time deem necessary for the safety and protection of the City from conflagration.
34.020 Duties of Chief of Fire Department. The Chief shall have control over all fire fighting apparatus and shall be responsible for its care and condition. The Chief shall report to the Council as directed by the City Council. The Chief may submit additional reports and recommendations to the Council at any time and shall report recommended suspensions of members of the Fire Department at the first meeting of the Council following such suspension. The Chief shall be responsible for the proper training and recommended discipline of the members of the Fire Department and may suspend or remove and discharge any member for refusal or neglect to obey orders after the approval of the Council.
34.030 Chief to Keep Records. The Chief shall keep in convenient form a complete record of all fires. Such record shall include the time of the alarm, location of fire, cause of fire, if known, type of building, name of owner and tenant, purpose for which occupied, members of the department responding to the alarm and such other information as the Chief may deem advisable or as may be required from time to time by the Council or State Insurance Department.
34.040 Duties of Assistant Chief. The Assistant Chief shall, in the absence or disability of the Chief, perform all the functions and exercise all of the authority of the Chief.
34.050 Practice Drills. The Chief shall hold, at the Chief’s discretion, such practice drills each year of such duration as the Chief deems necessary for the Fire Department and give the firemen instruction in approved methods of fire fighting and fire prevention.
34.060 Members. The names of all persons seeking to become members of the Fire Department must be voted on by the existing members of the department, and if elected, their names must be presented to the City Council for approval or rejection. Members of the first companies shall be approved by the Council.
34.070 Compensation. The members and officers of the Fire Department shall receive compensation as the Council may from time to time provide by resolution.
156 34.080 Relief Association. The members and officers of the Fire Department shall organize themselves into a Firemen’s Relief Association.
34.090 Reporting Fires. No persons shall give or make, or cause to be given or made, an alarm of fire without probable cause, or shall neglect or refuse to obey any reasonable order of the Chief at a fire. Every person calling for the Fire Department shall give the person’s name and address to the person receiving such call, which shall be recorded and turned over to the Clerk.
34.100 Inspection of Premises. The Chief of the Fire Department or other officer or member of the department designated by the Chief shall make inspections of property in this City at intervals of not more than six (6) months apart and locate and report to the Council places where fire hazards exist, and report and abate any conditions existing contrary to this ordinance or the laws of the state.
34.110 Conditions Prohibited. No owner, agent, or occupant of any building in the City shall allow any ashes, wastepaper, hay, straw, rags, or other waste material of a combustible nature to accumulate in the basement or on any floor of any building, or in any hallway, courtyard, or alley adjoining any building owned, controlled, or occupied by such person, except that hay and straw may be stored in buildings where livestock are housed. No such person shall permit to exist upon any premises as aforesaid any electric wiring or defective heating devise or part thereof, including flues and chimneys of that character, or use or permit to exist on any premises, buildings, or structures, or any portion thereof, which by reasons of want of repairs, age, dilapidated condition or damage by fire, or any other cause, are especially liable to fire, or which are so situated or are in such condition as to endanger its occupants or person therein, or the general public.
34.120 Access to Premises. For the purpose of making inspections, the Fire Chief or other properly designated officer shall have authority to enter any dwelling or other building and upon any premises in the City between the hours of 9:00 a.m. and 5:00 p.m. Such officer as aforesaid shall notify in writing persons in violation of the provisions of Section 34.120 thereof to correct any such condition found offensive to this ordinance. Any such order concerning combustible materials shall be complied with within 48 hours after service. Any such order concerning defective equipment or unsound construction shall be complied with within a reasonable time, and such notice shall specify such reasonable time. Upon failure to comply with any such notice, the same shall be reported to the Council.
34.130 Nitroglycerin and Gun-Cotton Prohibited. No nitroglycerin or gun-cotton shall be kept on hand or stored within the City.
34.140 Dynamite Restricted. Not more than 25 pounds of dynamite, giant powder, or blasting powder shall be kept on hand or stored in or on any premises within the City; and such limited quantity of the aforesaid explosives shall be kept in an iron box, or in a strong iron covered box, under lock, and housed in some outbuilding approved by the Fire Chief or such other person as may be designated by the Council. Dynamite shall not be kept or stored in the same building with giant powder or blasting powder.
157 34.150 Blasting Caps Regulated. All blasting caps and fulminating caps shall be kept and stored in a fire-proof and bullet-proof receptacle and never housed in the same room where any dynamite, giant powder, or blasting powder is stored or kept.
34.160 Filling Gas Tanks from Vehicles. No person shall fill or partly fill any gasoline tank of any motor vehicle upon any street, alley, or public ground from any gasoline tank wagon, truck, or any moving vehicle used for the sale or transportation for commercial purposes of gasoline.
34.170 Obstructing Fire Department. No person shall in any manner obstruct the operation and function of the Fire Department, nor in any way hinder or delay it on any street within the City.
34.180 Gunpowder Restricted. No more than 50 pounds of gunpowder shall be kept on hand or stored in or on any premises within the corporate limits of the City. Such powder shall be kept in closed metal canisters of not more than 25 pounds capacity each and shall be stored away from open light or heat, in a room or place approved by the Fire Chief or such other person as may be designated by the Council.
34.190 Inspections. Every person keeping or storing any of the explosives mentioned in this chapter shall immediately make known to the Chief of the Fire Department or such other officer as may be designated by the Council, the exact location of each and all of the said commodities and substances so kept or stored, and the Chief of the Fire Department or such other designated officer shall inspect the said location and the manner and place of storing all such substances and to see that the provisions of this chapter are strictly enforced.
34.200 Business Buildings; Flammables. All parts of business buildings shall be kept free from all flammable material, except such as may be absolutely necessary for the carrying on of the duly authorized business, which shall at all times be carefully protected and arranged in such a manner as not to obstruct the convenience and movement of the Fire Department force.
34.210 Business Buildings; Exits, Etc. All doors and openings, external and internal, in all business buildings, shall be kept free from goods of any kind, and means of access and free movement shall be provided for the convenient work of the Fire Department force.
34.220 Business Buildings; Rubbish, Etc. No rubbish, excelsior, shavings, wastepaper, or other like flammable material shall be left in any part of a business building or on the premises over one day, except that such materials be stored within a fireproof room, provided with standard fire doors, and all materials of such character shall be destroyed, removed, or placed within such fireproof room at the close of the business each day.
34.230 Rubbish on Sidewalks. No boxes, barrels, rubbish, trash, wastepaper, excelsior, or other similar materials shall be allowed to remain longer than 24 hours in any street, boulevard, sidewalk, or alley.
158 34.240 Rubbish in Fire Limits. No rubbish, trash, wastepaper, or similar combustible materials shall be allowed to remain longer than 24 hours within 150 feet of any building or other structure within fire limits, unless stored in a metal container of a type approved by the Fire Department.
34.250 Ashes. No ashes shall be placed within any building, dwelling, or other structure within the City in any box or container made of combustible material, and no container having ashes therein shall be placed upon any wooden floor or support made of combustible material, unless such ashes are immediately removed from such building, dwelling, or other structure and from contact with such building, dwelling, or other structure.
34.260 Oily Waste. No oily waste, oily rags, or other similar materials, including materials subject to spontaneous combustion shall be kept or stored in any building, dwelling, or other structure within the City, unless kept or stored in a metal container with a self-closing cover of a type approved by the Fire Department.
34.270 Burning Grass, Etc. in City Limits. The burning of grass, leaves, brush, straw, empty boxes, barrels, rubbish, trash, wastepaper, excelsior, wood, and other like combustible materials, in or upon any street, alley sidewalk, or boulevard, or in or upon any grounds, public or private, within the city limits of the City of Elgin, is prohibited, unless burned in a stove, furnace, fireplace, or suitable incinerator, within a building, dwelling, or other structure, or unless the burning constitutes a “recreational fire” as described in Section 34.280.
34.280 Recreational Fires. Recreational fires shall be permitted subject to the following rules and regulations:
1) Recreational fires shall have a maximum size of 30 inches in diameter at the base of the fire and a maximum of 30 inches in height.
2) Recreational fires shall be contained in a circular pit, the diameter of which shall be a maximum of 30 inches and the perimeter of which shall consist of rock, brick, or other non-combustible material.
3) Recreational fires must be at least 10 feet from any property line that abuts another private property or public property which contains public facilities.
4) Recreational fires must be attended by a person at all times. It shall be unlawful to have a recreational fire burning without a person present and attending to the fire.
5) Recreational fires shall not be permitted closer than 25 feet to any structure or combustible material unless contained in a barbeque pit.
6) No person shall burn leaves, garbage, cleanings, trash, rubbish, litter, organic waster, animal residue, tires, treated lumber, painted, lumber, varnished lumber, or other coated lumber, or green or fresh-cut wood, or other solid waste materials in a recreational fire.
159 7) Water, sand, or other material or device to extinguish the recreational fire must be readily available at all times.
8) Recreational fires are not permitted when area winds exceed 15 miles per hour or when the Fire Chief or Dept. of Natural Resources has issued a “No Fire” order.
9) Recreational fires must be extinguished to the point of being cold before being left unattended.
10) Recreational fires posing a nuisance as defined by Elgin City Code Chapter 28 or which generate flying embers which pose a hazard to property must be suppressed or extinguished.
11) Recreational fires shall only be permitted between the hours of 5:00 p.m. and 12:00 a.m. and shall not be allowed to burn for more than four consecutive hours in one day.
34.290 External and Internal Alternative Fuel Systems. Any furnace, internal or external to a structure, shall not be installed in the City of Elgin until a building permit has been obtained from the City. The applicant shall provide a copy of the manufacturer’s standards and guidelines for installation and operation to the City at the time of applying for the permit and shall demonstrate compliance with such standards and guidelines to the City’s satisfaction. All venting of external furnaces shall be above the roofline of all neighboring structures.
Accessory buildings shall not be constructed prior to or in lieu of the principal building. For purposes of this ordinance, “accessory building and structures” shall include an external furnace.
34.300 Combustible Materials. Storage of combustible materials used in an internal or external furnace shall be in such a manner so as not to create a health hazard and not to attract rodents.
34.310 Penalties: any person who shall do or commit any act that is forbidden by the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties described in Minnesota Statutes §609.02 for misdemeanor violations.
160 Chapter 35 DISPOSAL AND COLLECTION OF GARBAGE AND RUBBISH
35.010 Definitions. As used in this chapter, the following words and phrases shall mean:
1) Approved. Approved by the Health Officer.
2) Ashes. Residue from fires used for cooking, heating buildings, burning of refuse, or other forms of burning conducted at residential or commercial places.
3) Board. The Wabasha County/Goodhue County Board of Health.
4) Collector. Any person engaged in the business of collecting refuse for hire.
5) Commercial Garbage. Garbage from all restaurants, hotels, hospitals, grocery stores, and fruit stores, which produce an average of 10 gallons or more of garbage per day.
6) Commercial Rubbish. Rubbish from commercial establishments including but not limited to napkins, paper cups, milk cartons, or any type of paper, carton, or cardboard used as containers for food, which may contain residues of food.
7) Construction Waste. All waste materials resulting from the construction, repair, alteration, destruction, or removal of buildings or other structures, such as building materials, material containers and wrappings, stone, trees, and construction debris.
8) Garbage. All putrescible organic wastes resulting from the handling, storage, preparation, cooking, or consumption of food.
9) Health Officer. The Health Officer of the County or its authorized representative.
10) Refuse. All types of garbage, rubbish, construction wastes, and ashes as defined herein.
11) Responsible Tenant. Any occupant, tenant, owner, manager, or custodian of any residence, apartment, or dwelling unit, and any person, firm, or corporation owning or operating a commercial establishment.
12) Restaurant. Any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, drive-in, soda fountain, and all other eating or drinking establishments, including stands of seasonal operation.
13) Rubbish. All nonputrescible solid wastes, such as paper, cardboard, tin cans, glass, cold ashes, wood, clothing, yard clippings, and similar material.
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35.020 Preparation of Garbage. All garbage before being placed in containers for collection or disposal shall be drained of all free liquids, and except for commercial garbage, shall be wrapped in paper or plastic.
35.030 Preparation of Rubbish. All rubbish shall be drained of liquid before being placed in containers for collection or disposal.
35.040 Boxes, Etc. for Commercial Establishments. Commercial establishments handling big cardboard boxes, wooden crates, or similar items which cannot be placed in containers as defined herein, shall keep such items indoors on an impervious surface or outdoors in fixed large metallic containers which are easily drained and so located as to be easily unloaded by the collector. Such containers shall be kept covered at all times.
35.050 Tree Trimmings, Etc. In residential areas during spring and fall, when a great amount of leaves, tree trimmings, etc., may accumulate between collections, such items may be stored in one or more cardboard boxes, fiber boxes, plastic bags, or any type of single service type of containers not exceeding 70 pounds each, and placed close to the regular containers for collection. Brush shall be cut into lengths not exceeding 4 feet and tied into bundles which can be readily handled by an individual collector.
35.060 Construction of Refuse Containers. All refuse containers shall be made of rust- resistant metal equipped with suitable handles and tight-fitting covers, shall be watertight and vermin proof, with tapered side walls, and shall have a capacity of not more than 32 gallons.
35.070 Maintenance of Containers. Refuse containers shall be kept by the responsible tenant in a neat, clean, and sanitary condition so as to prevent insect breeding, nuisances, and unsightly conditions. Such containers shall be maintained by the responsible tenant, or by the collector when supplied by the collector, in good repair free of ragged or sharp edges or other defects likely to injure or hamper the person using the same or collecting the contents thereof.
35.080 Replacement of Containers. Any refuse container which does not conform to the provisions of this chapter shall be promptly replaced with a proper container by the responsible tenant or collector supplying such container. Failure to replace such improper container within 10 days after receipt of written notice from the Health Officer to do so shall constitute a violation of this chapter.
35.090 Authorized Disposal Areas. All refuse shall be disposed in an authorized disposal area licensed for such purposes by the State of Minnesota.
35.100 Disposal of Hazardous Refuse. No hazardous refuse such as radioactive materials, drugs, poisons, infectious wastes, and similar materials shall be picked up by licensed collectors but shall be stored and transported by the owners or the person responsible therefor to an authorized disposal area and disposed of in the manner prescribed by the Health Officer.
162 35.110 Disposal of Construction Wastes. Construction wastes may be disposed of by the building, contractor, or person responsible therefor in a vehicle normally used for that purpose; provided, however, that when such construction wastes include paper or other material likely to scatter, such vehicle shall be enclosed or covered in a manner which will prevent such scattering.
Whenever a substantial area is being cleared of brush, trees, or other debris for purposes of street construction, subdivision development, park development, or other similar purpose, or whenever heat is required for legitimate construction purposes (e.g., removing frost from the ground), the Chief of the Fire Department may authorize in writing the burning of such brush, trees, or other debris or the burning of combustible materials for heat purposes, on the site whenever such burning can be done with reasonable safety and without causing undue public discomfort. In authorizing the burning of such combustible materials on the site, the Chief shall prescribe the location where and the time when such burning shall be done, and shall prescribe such conditions and requirements as the Chief deems necessary to minimize the hazard of fire or public discomfort. Nothing in this paragraph shall be construed to allow the Chief to authorize the burning on the site of ordinary construction waste.
35.120 Incinerators, Disposal, Etc. Refuse may be disposed of by means of an approved indoor, self-fired incinerator. Garbage may be disposed of by means of garbage disposal units which discharge ground garbage into the sewage system of the City of Elgin.
35.130 Burning, Burying, Etc. No person shall burn, bury, or dispose of any refuse in any manner other than provided in this chapter.
35.140 Collection Vehicles. All vehicles to be used in refuse collection shall conform to the following specifications:
1) Vehicles for Collection of Refuse Containing Garbage. The bodies of all vehicles to be used for the collection of refuse containing garbage shall be of metal construction and shall be so constructed, maintained, and equipped that refuse cannot leak, spill, or escape in any way from such vehicle.
2) Vehicles for Collection of Commercial Rubbish. The bodies of all vehicles to be used for the collection of commercial rubbish shall be so constructed and enclosed that such refuse cannot spill or escape in any way from such vehicle.
3) Cleaning of Vehicles. All vehicles used in the collection of refuse shall be cleaned in such manner and at such intervals as the Health Officer shall prescribe. All such vehicles shall be kept free of offensive odor at all times.
4) Parking of Vehicles. No vehicle used for the collection of refuse shall be allowed to stand on any street, alley, or public ground for any period of time longer than is reasonably necessary to make collection, and all refuse shall be hauled away and disposed of promptly following its collection. Each collector shall provide off-street parking facilities in an area not zoned or used for residential purposes, where vehicles
163 used by the collector for the collection of refuse shall be parked or stored when not in actual operation.
35.150 Hazardous Equipment. All hazardous equipment such as a packer type body shall be attended while in operation.
35.160 Cleanup Day Assessment.
1) Collection Charges. The City Council shall make and establish by resolution a system of service charges for City residents for the collection and removal of rubbish from the City.
2) Charges on City Utilities Bill. All such service charges for rubbish removal shall be entered, shown, and placed on the City utilities bill for water or sewer service and be indicated thereon as a City rubbish collection charge. All service charges shall be due and payable at the City Clerk’s office. In case such service charges are not paid by the 15th of the following month, after the same become due, the City Clerk shall add 10% to the amount of such service charge bill and collect the same.
3) Charge to Owner or Occupant. All such service charges for rubbish removal in the City shall be charged directly to the owner or occupant of each parcel of real estate in the City that receives a City utility billing for water or sewer service.
4) Failure to Pay. In case of failure to pay this service charge after the expiration of 10 days after the due date, written notice shall be given by mail to the owner or occupant of the real estate. After expiration of 30 days from the date of such written notice, said service charges shall be certified to the County Auditor on or about November 1st of each year, with interest thereon at the rate of 6% per annum from the date of expiration of said 30-day notice, to be included with the taxes against the real estate involved and to be collected. The Council shall levy annually an assessment equal to such unpaid service charges on or about November 1st of each year against the parcel of land involved. Such assessments shall be so certified to the County Auditor and shall be collected and remitted to the City of Elgin in the same manner as special assessments.
5) Disposal Fund. All income from the operation of the rubbish collection system shall be kept and maintained in a special City fund hereby designated as the Rubbish Removal Fund. All expenses of operation of the City Cleanup Day shall be paid therefrom.
6) Method of Removal. The method to be used for curbside removal of rubbish by the Public Works Department as well as the dates and times of such removal shall be set by the City Council by resolution.
164 Chapter 36 HOUSING CODE
36.010 Findings. The Council has investigated and finds the following:
1) There exist in the City structures used for human habitation which are now or may become in the future sub-standard with respect to structure, equipment, or maintenance, and such conditions, together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, unsanitary conditions, and overcrowding, constitute a danger to public health, safety, and welfare of its citizens.
2) The existence of such conditions, factors, or characteristics adversely affect public health and safety and lead to the extension and aggravation of urban blight.
3) It is in the best interests of the public health, safety, and welfare of the people of the City to establish and enforce minimum housing standards.
36.020 Applicability and Scope. Every portion of a building or premises, used or intended to be used for dwelling purposes, except hotels, motels, rooming houses, rest homes, convalescent homes, hospitals, and nursing homes, shall comply with the provisions of the housing code irrespective of when such building has been constructed, altered, or repaired, except as hereinafter provided, and any construction, alteration, or repair thereof or changes of use therein, which are required by the provisions of the housing code, shall be done in accordance with applicable provisions of the Building Code. If any provision of the housing code is inconsistent with a comparable and applicable provision of the Building Code the provision of the Building Code shall govern to the extent of such inconsistency.
36.030 Pre-Existing Dwellings. Buildings built under and in full compliance with the codes in force at the time of construction and properly maintained and used for only such use as originally permitted shall be exempt from the following provisions of the housing code to the extent indicated.
36.040 Conflicts; Higher Standard to Prevail. In any case where a provision of the housing code is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the City, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
36.050 Nuisance Authority to Continue. Nothing in the housing code shall be construed or interpreted in any way to impair or limit the authority of the City to define and declare nuisances or of the County Health Officer, any law enforcement officer, or other governmental officials having jurisdiction within the City to cause the removal or abatement of nuisances as authorized by law.
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36.060 Definitions. As used in this ordinance, all terms as defined in the Minnesota State Building Code shall control. To the extent that the following terms are not defined in the State Building Code, the following definitions shall be used: 1) Apartment. One or more rooms located within a dwelling with facilities which are used or intended to be used by a single family for living, sleeping, cooking, and eating.
2) Basement. That portion of a building between floor and ceiling which is below or partly above grade.
3) Building Code. The Minnesota State Building Code.
4) Dwelling. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, except a hotel, motel, rooming house, and temporary housing.
5) Efficiency Apartment. An apartment consisting of not more than one habitable room with kitchenette and sanitary facilities.
6) Extermination. The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the Health Officer.
7) Family. Family means a person living alone, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together as a single housekeeping unit in a dwelling.
8) Fire Chief. The Chief of the Fire Department of the City or the Chief’s authorized representative.
9) Garbage. All putrescible organic wastes resulting from the handling, storage, preparation, cooking, or consumption of food.
10) Grade. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within 5 feet of a sidewalk, the above ground level shall be measured at the sidewalk.
11) Habitable Room. Any room used or intended to be used for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, utility rooms, and similar spaces.
166 12) Hotel, Motel. Any building or structure, or series of buildings or structures operated as a unit, advertised as a hotel or motel, and providing sleeping accommodations primarily to transient guests.
13) Infestation. The presence, within or around a dwelling, of any insects, rodents, or other pests.
14) Occupant. Any person, over one year of age, living , sleeping, cooking, or having actual possession of an apartment or rooming unit.
15) Operator. Any person who has charge, care, or control of a building or part thereof, in which apartments or rooming units are let.
16) Owner. Any person who, alone or jointly or severally with others:
a) shall have legal title to any dwelling or apartment, with or without accompanying actual possession thereof, or
b) shall have the charge, care, or control of any dwelling or apartment as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner.
Any such person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as if said person were the owner.
17) Plumbing. Includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures together with all connections to water, sewer, or gas lines.
18) Refuse. All types of garbage, rubbish, and residential solid wastes.
19) Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
20) Rooming House. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let or held for letting by the owner or operator to five or more roomers, with or without meals.
21) Rubbish. All nonputrescible solid wastes, such as paper, cardboard, tin cans, glass, cold ashes, wood, clothing, yard clippings, and similar materials.
22) Superficial Floor Area. The net floor area within the enclosing walls of a room in which the ceiling height is not less than five feet, excluding area occupied by closets and built-in equipment, such as cabinets, kitchen units, fixtures, and appliances.
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23) Supplied. Paid for, furnished, or provided by or under the control of the owner or operator.
24) Temporary Housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.
25) Zoning Ordinance. The zoning ordinance of the City.
26) Meaning of Certain Words. Whenever the words “dwelling” or “premises” are used in the housing code, they shall be construed as though they were followed by the words “or any apartment, rooming unit, or part thereof”.
36.070 Enforcement. The Building Inspector shall enforce the provisions of the housing code. This shall not be construed to prohibit any other city officer or authorized representative from enforcing the provisions of the housing code in the aspects related to their specific functions. All notices served for violations of the housing code shall be filed with the City Clerk. In enforcing the housing code, the Building Inspector shall seek the advice and counsel of the County Health Officer on all matters pertaining to public health.
36.080 Inspection of Dwellings. The Building Inspector shall make inspections at reasonable times as hereinafter provided to determine the condition of the dwellings and premises located within the City in order that the Inspector may perform the duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Building Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings and premises, except that inspection of owner-occupied single family dwellings shall only be made when permitted by the owner, or in an emergency endangering life or property, or when authorized by court order, warrant, or other judicial process. Inspection of dwellings other than owner-occupied single family dwellings shall be allowed at all reasonable times and the owner, occupant, or the person in charge of such dwellings shall give the Building Inspector free access to such dwellings and its premises, at all reasonable times, for the purpose of such inspection, examination, and survey. No registration certificate required by the housing code shall be issued if admittance for the purpose of inspecting the premises is refused by the owner, occupant, or person in charge.
36.090 Access by Owner. Every occupant of a dwelling, rooming unit, or apartment shall give the owner thereof, or the owner’s agent or employee, access to any part of such dwelling, rooming unit, or apartment, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of the housing code or any lawful order issued pursuant to the provisions of the housing code.
36.100 Service of Notices. Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provisions of the housing
168 code, the Inspector shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
1) be in writing;
2) include a description of the real estate sufficient for identification;
3) include a statement of the violation or violations for which the notice is being issued;
4) specify a reasonable time for the performance of any act it requires;
5) be served upon the owner, or the operator, or the occupant as the case may require. Such notice shall be deemed to be properly served upon such owner, or upon such operator, or upon such occupant if a copy thereof is served upon such person, personally; or if a copy is left at the usual place of abode with a person of suitable age and discretion then resident therein; or by depositing in the United States Post Office, the notice addressed to the owner at the last known address with postage prepaid thereon; or if service cannot be made by any one of the above means, then such notice shall be deemed served if a copy of such notice be posted and kept posted for 48 hours in a conspicuous place on the premises affected by such notice.
Such notice may contain an outline of remedial actions, which if taken, will effect compliance with the provisions of this ordinance.
36.110 Emergency Orders. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health and safety, the Inspector may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Inspector deems necessary to meet the emergency. Notwithstanding the other provisions of the housing code, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition shall be afforded a hearing in the manner prescribed in Minnesota Statutes. After such hearing, the Council shall continue such order in effect, or modify it, or revoke it.
36.120 Minimum Standards. No person shall occupy or let to another for occupancy any dwelling or apartment for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the requirements of Section 36.130 through Section 36.450.
36.130 Kitchen Sink. Every single dwelling or apartment shall contain a kitchen sink in good working condition and properly connected to a water and sewer system in compliance with the State Building Code.
36.140 Toilet and Lavatory Basin. Every single dwelling or apartment (except otherwise permitted by 37.160) shall contain 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 in compliance with the Building Code.
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36.150 Bathtub or Shower. Every single dwelling or apartment (except as otherwise permitted by 36.160) 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 in compliance with the Building Code.
36.160 Sharing of Sanitary Facilities. Sanitary facilities may be shared by two apartments or one apartment together with not more than two rooming units when such sanitary facilities consist of a water closet, lavatory basin, and bathtub or shower.
36.170 Hot and Cold Water. Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of this chapter shall be properly connected with both hot and cold water lines.
36.180 Rubbish and Garbage Facilities. Every dwelling or apartment shall be supplied with adequate refuse storage facilities. All refuse containers shall be made of rust-resistant metal equipped with suitable handles and tight-fitting covers, shall be watertight and vermin-proof, with tapered side walls, and shall have a capacity of not more than 32 gallons. Refuse containers shall be kept by the responsible tenant in a neat, clean, and sanitary condition so as to prevent insect breeding, nuisances, and unsightly conditions. Such containers shall be maintained by the responsible tenant, or by the collector when supplied by the collector, in good repair, free of ragged or sharp edges or other defects likely to injure or hamper the person using the same or collecting the contents thereof. All refuse containers shall be kept as near the rear of the premises as practicable, at the alley if there be an alley at such place, and shall be located so as to be easily accessible to the collector. Such containers shall be kept at least 12 inches above the ground, or on an impervious surface. All garbage before being placed in containers shall be drained of all free liquids and wrapped in paper. Garbage may be disposed of by means of garbage disposal units connected to the sanitary sewer system of the City. Rubbish may be disposed of by means of an approved indoor self-fired incinerator, installed according to the Building Code.
36.190 Water Heating Facilities. Every dwelling shall have water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with the hot water lines required under the provisions of 36.170 and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120 degrees F. Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or apartment heating facilities required under the provisions of 36.250 are not in operation.
36.200 Exits. Every dwelling or apartment shall have two independent unobstructed exits, not locked and not through another unit. Where the secondary exit is a window, it shall be:
1) at least 400 sq. inches in area;
2) minimum dimension of 16 inches; and
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3) maximum sill height of 4 feet.
The exits shall lead to safe and open space at ground level, as required by the laws of the State of Minnesota and the City. However, existing means of exit shall be acceptable if approved by the Fire Chief.
36.210 Window Area. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such obstructing structures are located less than 3 feet from the window and extend to a level about that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight- type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room.
36.220 Ventilation. Every bedroom shall have at least one window or skylight which can be easily opened. Other habitable rooms shall have at least one window or skylight which can be easily opened or other device to ventilate the rooms.
36.230 Light and Ventilation for Bathrooms, Etc. Every water closet compartment or bathroom containing only one fixture (water closet or urinal) shall have at least 3 square feet of window area, half of which is openable; except that no openable window will be required if ventilation to the outside provided at a rate of one cubic foot per minute per square foot of floor space. In bathrooms containing two or more fixtures (water closet or urinal), the window area required shall be at least 6 square feet, half of which shall be openable, except that no openable window shall be required if ventilation is provided at a rate of two cubic feet per minute per square foot of floor space.
36.240 Electric Outlets. Where there is electric service available from power lines which are not more than 300 feet away from a dwelling or apartment, every habitable room of such dwelling or apartment shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenient outlet and one ceiling-type electric light fixture, and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner and in compliance with the Building Code.
36.250 Heating Facilities. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely heating all habitable rooms, bathrooms, and water closet compartments in every apartment located therein to a temperature of at least 70 degrees F., at a distance three feet above the floor level and not closer than three feet from an outside wall, window, or door, when the temperature outside is minus 20 degrees F. When heating facilities are controlled by the owner or operator of a
171 dwelling, such facilities shall be in operation each year from October 1 to May 1 of the following year.
36.260 Lighting of Public Halls and Stairways. Every public hall and stairway in every apartment house containing five or more apartments shall be lighted at all times so as to provide illumination of at least 2 foot-candles on every part of such areas. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four apartments may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
36.270 Screens. Every door opening directly from a dwelling or apartment to outside space and all openable windows shall be supplied with screens. Such screens shall have a mesh of not less than number 14 and shall be hung not later than June 1 of each year, provided, however, that such screens shall not be required:
1) in rooms located more than 50 feet above ground level;
2) in rooms having mechanical ventilation connected directly outside.
36.280 Screens for Basement Windows. Every basement window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
36.290 Area. Every single dwelling or apartment shall contain at least 135 square feet of floor area for the first occupant thereof and at least 90 additional square feet of floor area for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
36.300 Area of Sleeping Rooms. In every apartment of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 60 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 45 square feet of floor area for each additional occupant thereof.
36.310 Access to Bathroom. No dwelling or apartment containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use of occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment. This subsection shall not be applicable to a dwelling or apartment which was in existence on January 1, 1978 and occupied only by the owner.
36.320 Minimum Ceiling Heights. 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 or the purpose of determining the maximum permissible occupancy thereof.
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36.330 Minimum Width. No habitable room other than a kitchen shall be less than 7 feet in any dimension. No water closet compartment shall be less than 30 inches in width and there shall be not less than 21 inches clear space in front of each water closet.
36.340 Exception: Efficiency Apartment. Regardless of the foregoing provisions, nothing shall prohibit the use of an efficiency apartment meeting the following requirements:
1) Such efficiency apartment shall have a habitable room of not less than 200 square feet of superficial floor area. An additional 90 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two.
2) Such efficiency apartment shall be provided with a kitchenette that is equipped and arranged for complete kitchen use.
3) The kitchenette shall be equipped with a tenant-operated electric exhaust fan not less than 100 cfm connected to the outside air, except that this provision shall not apply to efficiency apartments constructed prior to the adoption of this ordinance.
4) Such efficiency apartment shall be provided with a separate bathroom meeting the requirements of this chapter, except that this provision shall not apply to efficiency apartments constructed prior to January 1, 1978.
36.350 Basement Apartments. A habitable room, apartment, or rooming unit may be located in a basement when all of the following requirements are met:
1) The floor and walls are adequately sealed from leakage of underground and surface run-off water.
2) Proper ventilation is secured as required under 36.220.
3) All habitable rooms are entirely sealed off from the central heating plant with a one-hour fire separation or other means approved by the Fire Chief. The central heating plant is provided with a combustion air intake installed in accordance with the Building Code.
4) The basement shall have at least one outside doorway.
5) Each rooming unit or apartment shall have two means of exit. Where a secondary exit is a window, it shall be:
a) at least 400 sq. inches;
b) minimum dimension of 16 inches;
c) maximum sill height of 4 feet;
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d) easily opened from the inside without the use of tools.
Existing means of exit shall be acceptable if approved by the Fire Chief.
36.360 Location of Bathroom and Water Closet Compartments. There shall be no opening from a room in which a bathroom or water closet compartment is located into a kitchen or kitchenette area, except that this provision shall not apply to bathrooms and water closet compartments constructed prior to January 1, 1978.
36.370 Identification of Rental Facilities. The entrance door to every apartment or rooming unit in any dwelling shall be plainly marked on the outside, either numerically or alphabetically.
36.380 Foundations, Exterior Walls, and Roofs. Every foundation, exterior wall, and roof shall be weather-tight, watertight, rodent-proof, and insect-proof and shall be kept in a workmanlike state of maintenance and repair.
1) The foundation elements shall support the building at all points.
2) Every exterior wall shall be free of holes, breaks, loose or rotten boards or timbers, and any other condition which might admit rodents, rain, or dampness to the interior portions of the walls or to the interior space of the dwelling.
3) The roof shall be tight and have no defects which admit rain, and roof drainage shall be such that it prevents rainwater from causing dampness in the walls.
36.390 Interior Walls, Floors, and Ceilings. Every interior partition wall, floor, and ceiling shall be capable of affording privacy and shall be kept in a workmanlike state of repair and maintained so as to permit them to be kept in a clean and sanitary condition.
1) The interior walls and ceiling must be free of loose plaster and other structural material, the collapse of which may constitute an accident hazard.
2) Plaster, paint, and other surface materials must be of such character as to be easily cleanable, smooth, clean and tight.
3) The floors must be free of holes and wide cracks which may admit rodents or which constitute a possible accident hazard.
4) The floor must be free of loose, warped, protruding, and rotting floor boards.
5) Every habitable room, closet, bath, or toilet room, and connecting corridor, shall have walls and ceilings of tight and sound construction covering all studs, and floor and ceiling joists. All protruding piping and duct work in such rooms, closets, and corridors, which would be hazardous to persons using such areas, shall be enclosed with suitable and durable building material.
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36.400 Windows, Exterior Doors, Basement Hatchways. Every window, exterior door, and basement hatchway shall be weather-tight and rodent-proof and shall be kept in working condition and in a workmanlike state of maintenance and repair.
1) Every window shall be fully supplied with window panes which are without open cracks or holes.
2) Every window sash shall be in good condition and fit tightly within its frame.
3) Every window other than a fixed window shall be capable of being easily opened and shall be held in an open position by window hardware.
4) Every exterior door, door hinge, and door latch shall be in good condition.
5) Every exterior door when closed shall fit in a workmanlike condition within its frame.
6) Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as completely to exclude rain and substantially to exclude wind from entering the structure.
7) Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling.
8) Every door available as an exit shall be capable of being opened from the inside, easily and without the use of a key.
9) Every entrance door to an apartment or rooming unit within a dwelling shall be equipped with a suitable lock in good working condition to provide security for the occupants.
36.410 Stairways and Porches. Every inside and outside stairway, every porch, and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in a sound condition and in a reasonable good state of maintenance and repair.
1) Every flight of stairs and porch shall be free of holes, grooves, and cracks which are large enough to constitute a possible accident hazard.
2) Every stairwell and every flight of stairs which are four or more risers high shall have hand rails not less than thirty inches and not more than thirty-four inches above the nosing of treads, and every porch which is more than thirty inches above grade shall have hand rails not less than thirty-six inches above the platform.
175 3) Every rail and balustrade shall be fastened and maintained in a workmanlike condition. No flight of stairs shall have settled more than one inch out of its intended position or shall have pulled away from supporting of adjacent structures.
4) No flight of stairs shall have rotten or deteriorated supports. The treads of every flight of stairs shall be uniform in height. Every stair tread shall be sound and securely fastened in position.
5) Every stair tread shall be strong enough to bear the load required by the Building Code.
6) Every porch shall have a sound floor and supports.
36.420 Bathroom and Toilet Room Floor. Every toilet room floor surface and bathroom floor surface shall be maintained so as to be impervious to water and so as to permit such floor to be kept in a clean and sanitary condition.
1) Every water closet compartment floor and bathroom floor shall be made of terrazzo tile, smooth concrete, dense hardwood with tightly fitting joints, rubber asphalt tile, linoleum, or other similar material providing a surface which is impervious to water and easily cleanable, or
2) Such floor shall be made of denser soft woods with tightly fitting joints and be covered with varnish, lacquer or other similar coating, providing a surface which is impervious to water and is easily cleanable.
36.430 Supplied Plumbing Fixtures. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained free from defects, leaks, or obstructions.
36.440 Functioning of Supplied Facilities. Every supplied facility, piece of equipment, or utility which is required under this code shall be so constructed and installed that it will function safely and effectively and shall be kept in a workmanlike state of maintenance and repair.
36.450 Discontinuance of Required Services, Facilities, Equipment, or Utilities. No owner or operator shall cause any service, facility, equipment, or utility which is required to be supplied under the provisions of this code to be removed, shut off, or discontinued in any dwelling or apartment let or occupied by such owner or operator, except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are in process of being made.
36.460 Responsibility for Maintenance of Dwellings and Apartments. The responsibilities of owners and occupants for maintenance of dwellings and apartments are in accordance with 36.470 through 36.520.
36.470 Public Areas. Every owner of a dwelling containing two or more apartments shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwellings and premises thereof.
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36.480 Responsibility of the Occupant. Every occupant of a dwelling or apartment shall keep in a clean and sanitary condition that part of the dwelling, apartment, and premises thereof which he occupies and controls.
36.490 Responsibility for Rubbish and Garbage. Every occupant of a dwelling or apartment shall dispose of all refuse in a clean and sanitary manner by placing it in garbage disposal facilities or refuse storage containers as prescribed in 36.180. It shall be the responsibility of the occupant to furnish such facilities or containers unless the owner furnishes such facilities or containers or has agreed to furnish them.
36.500 Hanging of Screens. Every occupant of a dwelling or apartment shall be responsible for hanging screens and double or storm doors and windows whenever the same are required under the provisions of this code, except where the owner has agreed to supply such service.
36.510 Extermination. Every occupant of a single family dwelling shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises, and every occupant of an apartment in a dwelling containing more than one apartment shall be responsible for such extermination whenever the person’s apartment is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the apartments of any dwelling, or in the shared or public parts of any dwelling containing two or more apartments, extermination thereof shall be the responsibility of the owner.
36.520 Plumbing. Unless the owner has otherwise agreed, every occupant of an apartment 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.
36.530 Responsibility for Maintenance of Non-Dwelling Structures and Premises. No owner shall permit any non-dwelling structure, fence, or condition to exist on any dwelling or non-dwelling premises in the City in violation of the requirements of 36.540 through 36.580.
36.540 Non-Dwelling Structures. Every foundation, exterior wall, roof, window, exterior door, basement hatchway, and every other entranceway of every non-dwelling structure shall be so maintained so as to prevent the structure from becoming a harborage for rodents, vermin, and insects and shall be kept in a reasonable good state of maintenance and repair.
36.550 Fences. Every fence in such condition as to constitute a public health or safety hazard shall be repaired or removed.
36.560 Grading and Draining of Premises. All premises shall be graded and maintained so no stagnant water will accumulate or stand on the premises or within any building or structure located on the premises.
177 36.570 Open Areas. All open areas and parts of premises shall be maintained and kept in a reasonable clean and neat condition. This requirement shall include the removal of dead trees and brush, the removal of inoperable machines, appliances, fixtures, and equipment so damaged, deteriorated, or obsolete as to have no substantial value and which constitute junk; the removal of lumber piles and building materials not being used in actual construction on the premises unless such premises are being used by a business dealing in, or requiring the use of such lumber and materials; and the removal of tin cans, broken glass, broken furniture, boxes, crates, and other debris.
Nothing in this section shall restrict the activities of duly established and licensed junk yards.
36.580 Abandoned and Junked Automobiles. No person shall place, park, permit to remain, store, or lease upon any premises other than a duly established and licensed junk yard, any motor vehicle which does not have affixed thereto a valid current motor vehicle license, or any portions thereof or parts therefrom, when such motor vehicle, portions thereof or parts therefrom are in a rusted, wrecked, partially dismantled or junked condition or in an inoperative or abandoned condition, whether attended or not; and the owner of such motor vehicle, portions thereof or parts therefrom, and the owner and occupant of the premises upon which located shall be obligated to remove the same to a duly licensed junk yard or other authorized place of deposit or storage.
178 Chapter 37 PEDDLERS, ETC.
37.010 Regulated Activity. As used in this chapter, “regulated activity” shall mean the act of going from place to place or from house to house, or upon private property for any of the following purposes:
1) Sell personal property goods, wares, merchandise, or services;
2) Solicit or take orders for the sale of personal property, goods, wares, merchandise or services;
3) Exhibit or show personal property, goods, wares, or merchandise or to explain services; or
4) Conduct a survey relative to any personal property, goods, wares, merchandise, or services.
37.020 Registration Required; Exceptions. Exceptions. It shall be unlawful for any person to engage in a regulated activity within the City without having been first registered by the City Clerk; provided, however, that persons who are licensed by the State of Minnesota to carry on a particular activity, persons who sell solicit, exhibit, or take orders for books, magazines, or newspapers exclusively, persons engaged in a regulated activity on behalf of any organization which has received a permit under the provisions of 37.030 and route salesmen of dairy and the perishable food products, shall not be subject to the provisions of this section. Each individual person engaged in a regulated activity must be registered with the City Clerk. The provisions of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such article; nor to the acts of merchants or their employees in delivering goods in the regular course of business; nor to include or apply to any farmer or truck gardener who shall sell, solicit, exhibit, or take orders for the sale of products of the farm or garden occupied and cultivated by such farmer or truck gardener. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
37.030 Non-Profit Solicitations. Any organization desiring to engage in a regulated activity for charitable, religious, patriotic, or philanthropic purpose not involving use of a professional fund raiser shall be exempt from the provisions of 37.050 and 37.110, provided a permit is issued as provided in this section and provided there is filed an application in writing sworn to by oath or affirmation on a form to be furnished by the City Clerk containing the following information:
1) name and purpose of the cause for which the permit is sought;
2) names and addresses of the officers and directors of the organization;
179 3) period during which solicitation is to be carried on; and
4) whether or not any commission, fees, wages, or emoluments are to be paid to anyone in connection with such regulated activity. For the purpose of this section, a “professional fund raiser” means any person who for personal financial compensation or profit participates in a regulated activity in the City on behalf of the organization requesting exemption under this section.
Upon being satisfied that the applicant is a religious, charitable, patriotic, or philanthropic organization whose regulated activity will not involve the use of a professional fund raiser, the City Clerk shall issue a permit for one year without charge to the applicant to carry on such activity in the City. Such organization, association, or corporation shall furnish all of its members, agents, or representatives conducting solicitation written credentials stating the name of the organization, name of the agent, and purpose of solicitation.
37.040 Application for Registration. Any person desiring to be registered under this chapter shall file an application with the City Clerk. The application shall be on a form prescribed by the City Clerk and shall require the following information sworn to by oath or affirmation:
1) the name of the applicant;
2) the business and residence addresses of the applicant;
3) the address to which all notices required under this chapter shall be sent;
4) the age, sex, weight, height, and color of eyes and hair of the applicant;
5) a description of any vehicle and license number to be used in the regulated activity;
6) the name and address of the person, firm, association, or corporation that the applicant represents or is employed by, or whose merchandise is being sold;
7) a description of the kind and nature of the property, goods, wares, merchandise, or services sold or solicited for sale by the applicant;
8) the signature of the applicant;
9) whether or not the applicant has ever been convicted of a violation of any ordinance of the City of Elgin or any other municipality, and if so, a description of the nature of the violation, the date of the conviction, and the name of the city involved;
10) whether or not the applicant has ever been convicted of a violation of any statute of the United States, the State of Minnesota, or any other state, and if so, a description of the nature of the violation, the date of conviction, and the name of the state or other jurisdiction involved;
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11) the length of time during which the regulated activity is to be conducted, but in any event, not to exceed one year from the date of registration;
12) at the time of filing the application, a fee to be set by resolution of the City Council shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein.
Each application shall be referred to law enforcement for investigation, the results of which shall be reported to the City Clerk.
37.050 Registration. Upon being furnished with the required information and payment of the prescribed fee, the City Clerk shall register the applicant forthwith and issue a receipt of registration except as provided in Section 37.060. Such receipt shall contain the signature of the issuing officer and shall show the name, address, and description of the registrant, the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance, and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such regulated activity. The Clerk shall record the registration in a permanent record.
37.060 Refusal to Register. The City Clerk shall refuse to register any person for any of the following reasons:
1) the conviction of the applicant for a violation under this chapter within three years immediately preceding the filing of the application.
2) the prior revocation of registration under this chapter for cause within three years immediately preceding the filing of the application, or the revocation of any other license or registration issued by the United States, the State of Minnesota, any other state, or any other municipality within the United States based upon or involving fraud or misrepresentation and within three years immediately preceding the filing of the application.
3) The applicant is under suspension under this chapter.
4) the conviction of the applicant of a violation under any statute of the United States, the State of Minnesota, or any other state, or under any ordinance of the City of Elgin or any other municipality within the United States, which violation involved fraud, misrepresentation, or embezzlement and which conviction occurred within three years immediately preceding the filing of the application.
5) the failure or refusal of the applicant to complete any part or all of the application form, or for submitting false or inaccurate information on the application form.
6) The activities proposed to be conducted by the applicant are unlawful under the ordinances of the City of Elgin or the laws of the United States or the State of Minnesota.
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If the City Clerk refuses to register the applicant, the Clerk shall notify the applicant in writing setting forth the grounds upon this the refusal is based. The applicant may appeal from the City Clerk’s decision by filing a written notice of appeal with the City Clerk within 10 days after receipt of notice from the City Clerk.
37.070 Revocation or Suspension of Registration. The City Clerk shall by service of notice suspend for a period of not more than 180 days, or revoke any registration under the authority of this chapter for any of the following reasons:
1) the conviction of the registrant of any of the offenses set forth in Section 37.060;
2) the conviction of the registrant under any ordinance of any city or the laws of the United States, the State of Minnesota, or any other state involving fraud, misrepresentation, or embezzlement during the effective period of the registration;
3) the use of any fraud, misrepresentation, trick, or deception in carrying out or promoting a regulated activity;
4) the refusal of the registrant to exhibit proof of registration under this chapter to any official or police officer of the City of Elgin;
5) the representation upon the application form or otherwise that the registrant is an employee, agent, or representative of any person whom the registrant does not, in fact, represent;
6) the refusal or failure of the registrant to leave the property or premises of others when requested to leave by the owner or occupant thereof;
7) the making of any false statement or misrepresentation by the registrant to gain entrance to any building or structure within the City of Elgin;
8) the use of any false or fraudulent statement, whether written or oral, or any misrepresentation concerning the price, terms of payment, quality, quantity, or delivery of personal property, goods, wares, merchandise, or services;
9) the violation by the registrant of any other provisions of this chapter.
37.080 Right of Appeal. If the City Clerk refuses or fails to register the applicant or if registration is suspended or revoked, the applicant or registrant may appeal to the Council by filing a written notice of appeal with the City Clerk within ten days after the City Clerk’s decision. If the notice of appeal is not timely filed, the applicant’s or registrant’s right of appeal is terminated and thereafter, no appeal may be brought. A timely appeal from a suspension or revocation shall stay the suspension or revocation until the decision of the Council is rendered.
182 37.090 The Council shall have authority to hear appeals form the action of the City Clerk on the following matters: Council’s Authority to Hear Appeals. 1) the refusal or failure to register an applicant;
2) the revocation of a registration;
3) the suspension of a registration.
The Council may receive all evidence and hear witnesses on matters germane to the appeal. The Council shall afford the registrant or applicant making the appeal an opportunity to present evidence, cross examine witnesses, and to be heard. The Council may affirm, modify, or reverse the action taken by the City Clerk.
The Council shall hear all appeals within thirty days after written notice of appeal is filed with the City Clerk and render a decision within ten days thereafter.
37.100 Manner of Giving Notice. All notices to be given to an applicant or registrant under this chapter shall be given in any of the following manners:
1) personal service, or
2) by mail to the address for service of notices as shown on the application form.
Service by mail shall be deemed complete on the date of mailing and shall be conclusively presumed that notice by mail was received by the applicant or registrant, and the failure of the applicant or registrant to receive such notice shall not invalidate the action taken pursuant to such notice.
37.110 Notice of Hearing. Notice of any hearing involving the registrant or the applicant shall be given the City Clerk in writing, setting forth specifically the purpose, time, and place of hearing. Such notice shall be mailed to the registrant or applicant at least five days prior to the date set for hearing or shall be personally served upon such registrant or applicant at least three days prior to the date set for hearing.
37.120 Notice of Violation. Law enforcement officers shall report to the City Clerk all convictions for violations of the provisions of this chapter. A registration shall be automatically cancelled and terminated without further action by the City Clerk upon conviction of the registrant of a violation of this chapter or upon a forfeiture of bail by a registrant charged with a violation of this chapter.
37.130 Expirations. All registrations under this chapter shall automatically expire one year from the date of issuance.
37.140 No Representations by City. The City and its duly authorized agents and employees make no representations whatsoever as to the quality of the merchandise, service, or other thing
183 offered for sale and makes no representations whatsoever concerning the honesty, integrity, or reliability of persons registered under this chapter.
184 Chapter 38 STREET DESIGNATIONS
38.010 Extension of Streets. The extension of any existing platted street in the City in any new addition or annexation shall bear the same designation as the existing street.
38.020 New Streets. The creation of any new street within the City or annexation or addition thereto shall bear a designation consistent with the street designation system established by this ordinance with reference to the following rules:
1) The intersection of Main Street and Center Avenue is hereby declared to be the center reference point of the street designating system.
2) All roads running east and west shall be designated as “Streets”, and all roads running north and south shall be designated as “Avenues”.
3) All streets or avenues shall be designated in numerical sequence from the center reference point, as defined above, so far as is practical and consistent with existing numerical designations.
4) All streets and avenues shall bear the directional designation of “Northeast”, “Southeast”, “Northwest”, or “Southwest” in accordance with the direction such street or avenue lies from the center reference point.
38.030 Council Approval Required. The Council may, in its discretion, disapprove any proposed plat of any addition or annexation in which the designation of streets or avenues is inconsistent with this ordinance.
185 Chapter 39 DISCHARGE OF FIREARMS
39.010 Discharge of Firearms Prohibited Without a Permit. No person shall fire, discharge, or explode any gun, pistol, paint ball gun, or any other weapon in any part of the City without a permit from the Council. Such permit shall be in writing and shall be issued by the Council in its discretion upon application to it.
39.020 Exception. Nothing herein shall be construed to prohibit any firing of gun, pistol, or other weapon when done in the lawful defense of person, property, or family, or the necessary defense or enforcement of the laws.
39.030 Bow and Arrow. No person shall fire or discharge any bow in any part of the City without a permit of the Council. Such permit shall be in writing and shall be issued by the Council in its discretion upon application to it.
186 Chapter 40 PLANNING COMMISSION
40.010 Establishment of Commission. A City Planning Commission for the City of Elgin is hereby established. The Commission shall be the City planning agency authorized by Minnesota Statutes §462.354, Subd. 1.
40.020 Composition.
1) Membership. The City Planning Commission shall consist of seven members. The City Council shall select two or more members of the Commission from its own membership. The other members shall be appointed and may be removed by the Council.
2) Terms. Appointees shall hold their offices until their successors are appointed and qualified. The terms of ex officio members shall correspond to their respective official tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member shall, before entering upon the discharge of his or her duties, take an oath that he or she will faithfully discharge the duty of office. All members shall be paid such compensation as shall be determined by resolution of the City Council.
40.030 Organization, Meetings, Etc.
1) Officers. The Commission shall elect a Chairperson from among its appointed members. The Commission may create and fill such other offices as it may determine.
2) Meetings, Records, Reports. The Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which records shall be a public record. On or before January 1st of each year, the Commission shall submit to the City a report of its work during the preceding calendar year. Expenditures of the Commission shall be within the amounts appropriated for the purpose by the City Council.
40.040 Powers and Duties of the Commission. The Planning Commission shall have the powers and duties given planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by this ordinance and by the Council. After the Commission has prepared and adopted a comprehensive plan, the Commission shall periodically but at least once every five years, review the comprehensive plan, any ordinances and any capital improvement program the Council has adopted to implement the plan. After such review it shall, to the extent it deems necessary, revise the comprehensive plan, adopt the amendments or the new comprehensive plan, and recommend it to the Council in accordance with law. Similarly,
187 after such review, it shall recommend to the Council any amendments it deems desirable to the capital improvement program and any ordinance implementing the plan.
40.050 Zoning Ordinances; Public Hearings. No zoning ordinance or amendment shall be adopted by the Council until a public hearing has been held thereon by the Council upon notice as provided in Minnesota Statutes, §462.357, Subd. 3.
40.060 Plats, Approval. Any subdivision plat submitted to the Council for approval may, prior to final approval, be referred to the Planning Commission for review and recommendation. Any plat so referred shall be returned to the Council by the Commission with its recommendations within thirty days.
188 Chapter 41 CABLE COMMUNICATION SYSTEMS
41.010 Definitions. The words and phrases used in this chapter have the following meanings unless a different meaning clearly appears in the text.
1) Cable Communications Company shall mean any person owning, controlling, operating, managing, or leasing a cable communication system with the City.
2) Cable Communications System means a system which operates the service of receiving and amplifying programs broadcast by one or more television or radio stations and other programs originated by a cable communications company or by another party, and distributing those programs by wire, cable, microwave, or other means, whether the means are owned or leased, to persons who subscribe to the service. This definition does not include:
a) a master television antenna system;
b) a specialized close-circuit system which does not use the public rights-of- way for the construction of its physical plant; and
c) a translator system which receives and rebroadcasts over-the-air signals.
3) Franchise shall mean any authorization granted by the City in the form of a franchise, privilege, permit, license, or other municipal authorization to construct, operate, maintain, or manage a cable communication system in the City.
4) Extension Permit shall mean any authorization granted by the City in the form of a franchise, privilege, permit, license, or other City authorization to construct, operate, maintain, or manage a cable communication system within the boundaries of an extension area previously delineated and approved by the Federal Communications Commission (“FCC”).
41.020 Franchise or Extension Permit Required. No cable communications company shall operate, manage, or lease a cable communication system within the City without first obtaining a franchise or extension permit therefor as hereinafter provided.
41.030 Manner of Obtaining Franchise or Permit. All applications for franchises or permits pursuant to this chapter shall be made in writing to the Clerk, disclosing such information as the Council and the FCC may, from time to time, require on a form to be approved and amended by the Council and FCC.
41.040 Fee for Franchise or Permit. Before a franchise or permit is granted under the provisions hereof, the applicant for said permit shall pay to the Clerk a sum to be set by
189 resolution of the City Council, which shall be deposited to the credit of the general fund of the City.
41.050 Insurance Required. The granting of any franchise or extension permit pursuant to this chapter shall be conditioned upon the cable communications company maintaining in full force and effect at its own cost and expense each of the following policies of insurance:
1) comprehensive general liability insurance with bodily injury liability in an amount of not less than $1,000,000 resulting from any one occurrence, and
2) property damage liability insurance in an amount not less than $1,000,000 resulting from any one occurrence.
All insurance provided for herein shall be with a company or companies approved by the City Council of the City of Elgin and authorized to do business in the State of Minnesota. Any authority granted hereunder shall be automatically suspended upon the lapse of any insurance coverage required by this section. Such authority shall not then be reinstated except upon resolution of the City Council after it has been satisfied that all requirements of this section have been met.
41.060 Surety Bond Required. The cable communications company shall file with the City Clerk and shall thereafter, annually, during the entire term of the franchise as extended in the City of Elgin, maintain in full force and effect a corporate surety bond or other adequate surety agreement in an amount approved by the Council and FCC. The bond or agreement shall be so conditioned that in the event that the cable communications company shall fail to comply with any one or more of the provisions of this ordinance or of such franchise extension, then there shall be recoverable jointly and severably from the principal and surety any damages or losses, costs suffered or incurred by the City as a result thereof, including attorney’s fees and costs of any action or proceeding, and including the full amount of any compensation, costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, to the full principal amount of such bond. Such condition shall be a continuing obligation during the entire term of such franchise and thereafter until the cable communications company shall have satisfied in full any and all obligations to the City which arise out of or pertain to said franchise extension. Neither the provisions of this section, nor any bond accepted by the City pursuant hereto nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the cable communications company or limit the liability of the cable communications company under a franchise extension issued hereunder, or for damages either to the full amount of the bond or otherwise. The amount of the bond or agreement shall be fixed by the City Council by resolution, and the amount may be changed by the Council from time to time on its own initiative, upon requirement of the FCC, or upon application by the cable communications company. The authority granted hereunder shall be automatically suspended upon the lapse of any of the bond coverage required in this ordinance. Such authority shall not then be reinstated except upon resolution of the City Council after it has been satisfied that all the requirements of this section have been met.
190 41.070 Indemnification. The cable communications company shall indemnify and hold harmless the City, its officers, boards, commissions, agents, and employees against any damages from any and all claims, demands, causes of action, suits, proceedings, damages (including, but not limited to, damages to City property and damages arising out of copyright infringements, and damages arising out of any failure by the cable communications company to secure consents from the owners, authorized distributors, or licensees of the programs to be delivered to the cable communications company’s cable television system) costs or liabilities (including costs or liabilities of the City with respect to its employees), of any kind and nature whatsoever, including, but not limited to, damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or arising out of any of the same, including any attorney’s fees, accountant’s fees, expert witness fees, or consultant fees, corporate costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise extension hereunder by the cable communications company, or the granting thereof by the City. Policies of liability insurance or certificates of insurance above required shall contain a clause acknowledging the existence of this agreement and extending coverage therefor.
41.080 Conditions to Grant. Nothing in this chapter shall be construed to prevent the City from prescribing additional requirements which are in excess of those required by this chapter, unless such requirements are inconsistent with this chapter or with any requirements of the FCC.
41.090 Revocation. The violation of any provision or condition of this ordinance or state law relating to cable communications company franchises and extension permits, or any provision or condition of a permit or franchise issued hereunder, by a cable communications company, is grounds for revocation or suspension of the permit or franchise. A permit or franchise granted under this ordinance may be revoked or suspended by the Council in accordance with Section 16.070 of this code.
191 Chapter 42 SNOWMOBILES
42.010 Definitions. For the purpose of this ordinance, the following definitions apply:
1) Snowmobile: a self-propelled vehicle designed for travel on snow or ice or natural terrain, steered by wheels, skis, or runners.
2) Operate: to ride in or on and control the operation of a snowmobile.
3) Operator: a person who operates or is in actual control of a snowmobile.
42.020 Operation. It shall be unlawful for any person to operate a snowmobile on the streets of the City of Elgin under the following circumstances:
1) at a speed in excess of 10 miles per hour;
2) on public or private grounds without express provision or permission to do so by the proper public or private authority;
3) in a manner so as to create loud, unnecessary, or unusual noise so as to disturb or interfere with the peace and quiet of other persons;
4) in a careless, reckless, or negligent manner so as to endanger or be likely to endanger the safety of any person or property of any other person;
5) without having any such snowmobile registered as provided in Minnesota Statutes §84.82, except that this provision shall not apply to the operation of a snowmobile on the private property of the owner, by the owner, or a member of the owner’s immediate family;
6) within the right-of-way of any public street within the City, unless the operator shall be at least 18 years of age, or between the ages of 14 years and 18 years, only if he has in his immediate possession a valid Snowmobile Safety Certificate issued by the Commissioner of Conservation, or is accompanied by an individual 18 years of age or older, who is actually occupying a seat in the vehicle;
7) upon any public street, alley, or lot within the corporate limits of the City of Elgin between the hours of 10:00 p.m. and 6:00 a.m. provided, however, that if the snowmobile is being driven for the purpose of going in the most direct, practical route possible from a point outside the city limits to the residence of the operator within the city limits, or from the residence of the operator inside the city limits to a specific designation outside the city limits, then and for that purpose only, operation of a snowmobile between the hours aforesaid shall be lawful.
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42.030 Park Property. Notwithstanding the provisions of this ordinance, the Park Board of the City of Elgin shall have authority to supervise and regulate events or programs in connection with the events conducted by the Park Board in which snowmobiles are used. The Park Board shall have the authority to designate city park areas that they shall deem advisable for use of snowmobiles.
42.040 Equipment. All snowmobiles operated within the City of Elgin shall have the following equipment:
1) Mufflers which are properly attached, which reduce the noise of the operation of the vehicle to the minimum noise necessary for operating the vehicle. No person shall use a muffler cutout, bypass, or similar device on a snowmobile.
2) Adequate brakes as required by Minnesota Statutes Chapter 169 and at least 1 headlight and 1 tail light.
3) A safety or so-called “dead man” throttle in operating condition. A safety or “dead man” throttle is defined as a device which, when pressure is removed form the accelerator or throttle, causes the motor to be disengaged from the driving track.
42.050 Unattended Snowmobiles. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property, streets, or highways while the motor is running or with the keys that start the same in the ignition switch.
42.060 Prohibition. The City Council may by resolution prohibit the operation of snowmobiles within the right-of-way of the public roads or streets or other City property within the City of Elgin, when, in the opinion of the City Council, the public safety and welfare so requires.
42.070 State Statutes. Minnesota Statutes Chapter 84 and all the provisions thereof are hereby adopted by reference and made a part hereof as fully and completely as those set forth herein in full.
42.080 Penalty. Any person violating the terms of this ordinance shall upon conviction thereof be guilty of a misdemeanor.
193 Chapter 43 DRUG AND ALCOHOL TESTING POLICY
Use of drugs and abuse of alcohol is a nationwide problem. Persons of every age, race, sex, and ethnic group are affected. The use of drugs and abuse of alcohol pose risks to the health and safety of the abuser, as well as to others. The City of Elgin believes that a working environment free of drug use and alcohol abuse is healthier, safer, more productive, and a condition desired by most employees and their families.
The City of Elgin recognizes the need to confront the problems and risks associated with alcohol abuse and drug use in the workplace. There is also a need to identify work performance problems related to drug use and alcohol abuse so that an employee may have the opportunity to seek treatment and be retained for continued employment based on satisfactory job performance.
This policy follows federal mandates and establishes clear standards concerning drugs and alcohol, which drivers of commercial motor vehicles must meet. It also establishes a testing procedure to ensure that those standards are met. This drug and alcohol testing policy is intended to conform to Federal Highway Administration (FHWA) regulations set forth in Title 49 of the Code of Federal Regulations (CFR) Parts: 382 “Controlled Substances and Alcohol Use and Testing”; 391 “Qualifications of Drivers”; 394 “Notification and Reporting Accidents”; and 40 “Procedures for Transportation Workplace Drug Testing Program”.
43.010 Definitions.
1) Accident: except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road which results in:
a) a fatality;
b) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident;
c) one or more motor vehicles incurring disabling damage as a result of the accident, requiring the vehicle to be transported away from the scene by a two truck or other vehicle.
The term “accident” does not include:
a) an occurrence involving only boarding and alighting from a stationary motor vehicle, or
b) an occurrence involving only the loading or unloading of cargo, or
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c) an occurrence in the course of the operation of a passenger car or a multipurpose passenger vehicle (as defined in 571.3 of 49CFR Part 382) by a motor carrier and is not transporting passengers for hire or hazardous materials of a type and quantity that require the motor vehicle to be marked or placarded in accordance with 77.823 of 49 CFR Part 382.
2) Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol, and other low molecular weight alcohols including methyl and isopropyl alcohol.
3) Alcohol Use: the consumption of any beverage, mixture, or preparation, including medication, containing alcohol.
4) BAT (Breath Alcohol Technician): an individual who instructs and assists individuals in the alcohol testing process and operates an EBT.
5) Confirmation Test: for alcohol testing means a second test, following a screening test with a result of 0.02 or greater. For drug testing means a second test, independent of the screening test, that uses a method of analysis approved under FHWA guidelines as being reliable and accurate for providing specific data as to the drugs or their metabolites detected in an initial screening test.
6) Commercial Motor Vehicle: means any vehicle that:
a) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
b) has a gross vehicle weight rating of 26,001 or more pounds; or
c) is designed to transport 16 or more passengers, including the driver; or
d) is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the motor vehicle to be placarded under Hazardous Materials Regulation.
7) Drug: any substance (other than alcohol) that is a controlled substance as defined in CFR Parts 391 and 40, and Minnesota Statutes Section 152.01.
8) Drug and Alcohol Testing, Drug or Alcohol Testing and Drug and Alcohol Test: Analysis of a body component sample approved under FHWA guidelines, including breath and urine, for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.
195 9) Evidential Breath Testing Device (EBT): An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement”. 10) Employee: a person, independent contractor, or person working for an independent contractor who performs services for the City of Elgin for compensation, in whatever form, who are required to operate a CMV in the performance of their duties.
11) Employer: the City of Elgin acting through a department head or designee of the department head.
12) Impairment Due to Drug or Alcohol Use: A positive test result is regarded as impairment under this policy.
13) Initial Screening Test: a drug or alcohol test which uses a method of analysis approved by the FHWA as being capable of providing data as to general classes of drugs, alcohol, or their metabolites.
14) Medical Review Officer (MRO): a licensed physician responsible for receiving laboratory results generated by the employer’s drug testing program and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s positive test result together with employee’s medical history and any other relevant biomedical information.
15) Performing a Safety-Sensitive Function: A driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.
16) Positive Test Result: a finding of the presence of alcohol, drugs, or their metabolites in the sample tested in levels at or above the threshold detection levels set by the FHWA. The presence of alcohol, drugs, or their metabolites at or above the following levels, as may be amended by FHWA standards, shall be considered to be a positive test result:
Alcohol (EBT): 0.02 grams per 210 liters of breath Amphetamines: 500 nanograms per milliliter Cocaine metabolite: 150 nanograms per milliliter Opiates: Codeine, morphine: 300 nanograms per milliliter 6 monoacetyl morphine: 3 nanograms per milliliter PCP (phencyclidine): 25 nanograms per milliliter THC metabolite: (Delta-9-tetrahydrocanna-on- 9-carboxylic acid): 15 nanograms per milliliter
196 17) Reasonable Suspicion: a basis for forming a belief based on specific facts and rational inferences drawn from those facts. See Subsection 43.050 for determination factors.
18) Safety Sensitive Function(s): means any on-duty time and includes all time from the time employee begins work to the time employee is relieved from work and all responsibility for performing work to include: inspecting, servicing or conditioning any motor vehicle; time loading or unloading a vehicle; and supervising or assisting in the loading or unloading.
19) Valid Medical Reason: when meeting one of the following conditions:
a) based on a written prescription or an oral prescription reduced to writing which names the employee as the person for whose use it is intended; or
b) the drug prescribed, administered, and dispensed in the course of professional practice by or under the direction and supervision of a physician; and
c) the drug was used in accord with the terms of the prescription and the physician has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a CMV. Use of any over-the-counter cough syrup without alcohol only shall constitute a valid medical reason.
Employee has an ongoing obligation to notify their immediate supervisor when taking prescription drugs which may affect their ability to perform a safety sensitive position.
43.020 Departmental Work Rules. An employee covered by this policy may be subject to discipline, including the possibility of termination for violation of the following work rules:
1) No employee shall perform safety sensitive functions within four hours after using alcohol.
2) Except pursuant to a valid medical reason as described in 43.010 (19), no employee shall be impaired due to drug or alcohol usage, or under the influence of any drug or alcohol while the employee is working, on the employer’s premises, or operating the employer’s vehicle, machinery, or equipment.
3) No employee shall use, possess, manufacture, sell, or transfer drugs or drug paraphernalia while the employee is working, on the employer’s premises, or operating the employer’s vehicle, machinery, or equipment, except pursuant to a valid medical reason.
4) An employee shall notify employee’s immediate supervisor when taking prescription or non-prescription medications that may lead to impairment, defined in Section 43.010 (12) of this document. In the event there is a question regarding the
197 effects of the type and/or prescribed dosage of said medication, clearance from a qualified physician may be required.
5) An employee’s use, possession, sale, or transfer of alcohol during working hours or while the employee is on the employer’s premises, or operating the employer’s vehicle, machinery, or equipment, is prohibited, with the following exceptions:
a) Such use or possession is pursuant to a valid medical prescription; or
b) Possession of alcohol while being transported in an employee’s personal vehicle is done with a clear lack of intent to use in violation of the policy. No open bottle/can is a clear indication of lack of intent; or
c) Possession, sale, or transfer of alcohol is part of the employee’s job duties while employed at the City Municipal Liquor Dispensary.
6) An employee involved in a vehicular accident while driving a motor vehicle shall not use alcohol within eight hours following the accident as defined in 43.040 (4).
7) No employee, while on duty, shall engage, attempt to engage, or conspire to engage in conduct which would violate any law or ordinance concerning drugs or alcohol.
8) All employees must notify their immediate supervisor of any criminal drug statute conviction or traffic alcohol related driving offense within 30 days after such conviction or citation.
9) An employee has no right or expectation of privacy with regard to City vehicles, City property, and City equipment (lockers, desks, etc.).
43.030 Persons Subject to Testing. Under FHWA’s regulations, the following employees are subject to testing under applicable sections of this policy: any person who operates a commercial motor vehicle (CMV) as defined by FHWA. The employer will request or require an employee to undergo drug or alcohol testing only under the circumstances described in this policy; however, no employee will be tested for drugs or alcohol under this policy without the employee’s consent, with the following provisions:
1) Right to Refuse. Employees have the right to refuse to undergo drug and/or alcohol testing. If an employee refuses to undergo drug or alcohol testing requested or required by the employer, no such test shall be given. A refusal to test will be considered a positive test (for alcohol, this shall be considered as a result of 0.04 or greater), and the employee will be removed from driving or other safety sensitive functions.
2) Consequences of Refusal. If any employee refuses to undergo drug or alcohol testing requested or required by the employer, this shall lead to
198 administrative/disciplinary action deemed appropriate by the employer, based upon grounds of insubordination and consideration of refusal being regarded as a positive test. In the case of a job applicant, if the applicant refuses, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment.
43.040 Circumstances for Drug or Alcohol Testing:
1) Pre-employment: All individuals whom the employer intends to hire or use, on a permanent or temporary basis, as commercial motor vehicle drivers must be tested.
2) Random Testing: The employer must conduct unannounced testing based on a random selection of all employees.
3) Reasonable Suspicion: The employer may request or require an employee to undergo drug and/or alcohol testing if the employer or any supervisor of the employee trained in the detection of probable drug or alcohol use directly observes an employee whose conduct or appearance is indicative of use of alcohol or controlled substance.
4) Post-Accident: Following an accident involving a CMV, where there is loss of life or the employee receives a citation under state or local law for a moving violation arising from the accident, the employee shall undergo drug and alcohol testing.
5) Return to Duty: Where an employee has: had a test result of 0.04 or greater for alcohol; or had a positive drug test result; or been found to have violated Department Work Rules, defined in 43.020, then the employee shall not return to work until after undergoing return-to-duty tests indicating an alcohol concentration of less than 0.02 and a verified negative result for controlled substances.
6) Follow-up: Following a determination by a substance abuse professional that an employee is in need of assistance in resolving problems with alcohol abuse and/or controlled substance use, an employee shall be subject to unannounced follow-up alcohol and/or controlled substance testing as directed by the substance abuse professional. Follow-up testing shall not exceed 60 months from the date of employee’s return to duty.
An employee shall be compensated for all time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with random, reasonable suspicion, post-accident, or follow-up testing.
43.050 Determination of Impairment or Being Under the Influence Due to Usage of Alcohol or Drugs. As indicated in Section 43.040 above, before an employer can request or require an employee to undergo drug and/or alcohol testing, the employer must have a reasonable suspicion that the employee is impaired due to drug or alcohol usage or is under the influence of drugs or alcohol. In general, a reasonable suspicion of impairment or being under the influence exists when the employee displays characteristics of intoxication through words or actions, and may be coupled with observable incompetent or inefficient job performance.
199 Relevant observations of the employee’s words and conduct that alone or in combination may indicate intoxication include, but are not limited to, the following:
1) slurred speech 2) disorientation 3) odor of alcohol on breath 4) unsteady gait or balance 5) glassy eyes 6) drowsiness 7) euphoria 8) mood swings 9) inattentiveness 10) excitement 11) irritability 12) aggressiveness 13) intoxicated behavior without odor of alcohol 14) impaired job performance.
All personnel involved in the determination of reasonable suspicion must immediately document any and all information received, observations, and actions taken, utilizing the “Observed Behavior-Reasonable Cause Record” form. All such reports must be forwarded to the City Clerk.
Further, supervisors of employees covered by this policy shall, as mandated by FHWA, annually attend training on the determination of reasonable suspicion factors, a minimum of one hour on alcohol misuse, and one hour on controlled substances use, to cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
43.060 Procedure for Testing.
1) Notification Form. Before requesting an employee to undergo drug or alcohol testing, the employer shall provide the employee with a form on which the employee will:
a) Acknowledge that the employee has seen a copy of the employer’s drug and alcohol testing policy;
b) Indicate any over-the-counter or prescription medications that the employee is currently taking or has recently (within the last month) taken, and any other information relevant to the reliability of, or explanation for, a positive test result; and
c) Indicate consent to undergo the drug and/or alcohol testing.
200 2) Medical Facility Consent Form. The employee must also indicate consent to undergo the drug and alcohol testing on any consent forms provided by the medical facility taking the sample or breath alcohol technician (BAT).
3) Test Sample (Drug). The test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees to the extent practicable, consistent with the prevention of tampering with the sample, and shall conform with applicable FHWA rules. All test samples shall be obtained under the direct supervision of a health care professional. An immediate supervisor, the City Clerk, or City Councilmember shall escort the employee to the testing facility.
4) Identification of Samples. Each sample shall be sealed into a suitable container free of any contamination that could affect test results, immediately labeled with a specimen identification number, initialed by the employee, and dated by the person witnessing the sample.
5) Chain of Custody. The employer shall maintain a written record of the chain of custody of the sample and ensure proper handling thereof, and comply with the rules adopted by the FHWA pertaining to chain of custody.
6) Laboratory. All drug testing shall use the services of a testing laboratory certified by the Substance Abuse & Mental Health Services Administration (SAMHSA), formerly NIDA, of the Department of Health and Human Services (DHHS). However, no test shall be conducted by a testing laboratory owned and operated by the City of Elgin. For all other employees, all initial drug tests shall be conducted at a state-licensed laboratory selected by the employer.
7) Methods of Analysis. The testing laboratory shall use methods of analysis and procedures to ensure reliable drug and alcohol testing results, including standards for initial screening tests and confirmatory tests. For positive alcohol test results using an EBT, a confirmation test shall be conducted no sooner than 15 minutes after the initial test. In all other cases, the method of analysis shall use immune-chemical technology or chromatography for initial screening tests, and the confirmation just be by gas chromatography/mass spectrometry. Except where gas chromatography/mass spectrometry is not the scientifically accepted method of choice, the test must be confirmed by a method using some form of chromatography.
8) Retention and Storage. Retention and storage procedures shall comply with the rules adopted by the FHWA. All samples, except breath samples, from an initial screening test, that produced a positive test result, shall be retained and properly stored for at least 6 months.
9) MRO’s Employee Contact. On a confirmed positive drug test, MRO shall make a reasonable attempt to contact the employee to confirm circumstances and verify claims of prescribed medication. If the MOR is unable to contact employee, the MRO shall contact the employer representative who will direct the employee to contact the MRO.
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10) MRO Report. The MRO shall prepare a written report indicating the drugs or their metabolites tested for, the types of tests conducted, and whether the test produced negative or positive test results. The MRO shall disclose the results to the employer within 3 working days after obtaining the final test result.
11) The employer shall, within 3 working days after receipt of the test result report from the MRO, notify the employee of the results of random, reasonable suspicion and post-accident tests for controlled substances if the test results are verified positive. The employer shall also inform the employee which controlled substances were verified positive.
43.070 Right of Employees:
1) The right to request and receive from the employer a copy of the test result report.
2) Within 72 hours after notice from the MRO of a positive drug test result, the right to request, in writing to the MRO, a confirmatory retest of the original sample at the employee’s expense at the original testing laboratory or another DHHS-certified testing laboratory. In the event of a negative test result on requested retest, the costs for retest will then be borne by the employer.
3) If the employee has not contacted the MRO within the 72 hours, as specified in Section 43.020 (2), the employee may present to the MRO information documenting that a serious illness, injury, or other circumstance unavoidably prevented employee from timely contacting the MRO. If the MRO concludes there is a legitimate explanation for failure to contact the MRO within 72 hours, the MRO may direct the retest as detailed in Section 43.070 (2).
4) The right not to be discharged, disciplined, discriminated against, or requested or required to undergo rehabilitation on the basis of a positive test result form an initial screening test that has not been verified by a confirmatory test.
5) The right of an employee who has been suspended without pay to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
6) The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the employer concerning the reliability of, or explanation for, a positive test result unless the employee was under an affirmative duty to provide the information before, upon, or after hire.
7) The right of access to information in the subject’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process, and conclusions drawn and actions taken based on the reports or acquired information.
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8) The right of an employee who has made a timely request for a confirmatory retest to suffer no adverse personnel action if the confirmatory retest does not confirm the result of the original confirmatory test, using drug or alcohol threshold detection levels as established for a confirmatory retest by FHWA regulations.
43.080 Action After Test:
The employer will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test that has not been verified by a confirmatory test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the employer will do the following unless the employee has furnished a valid medical reason for the positive test result:
1) For an alcohol test result indicating an alcohol content of 0.02 or greater but less than 0.04, the employee shall be removed from duty for 24 hours following administration of the test. For a first or second offense, the employee would be permitted to use accumulated vacation, accumulated compensatory time, or non-pay for the hours of work missed. For a third offense, the employee shall be suspended without pay for one day and referred to the employee assistance provider.
2) For an alcohol test result indicating an alcohol content of 0.04 or greater or a positive drug test, the employee will be:
a) Removed from safety sensitive function; and
b) Referred for an evaluation by a substance abuse professional. If that evaluation determines that the employee has a chemical dependency or abuse problem, the employer will give the employee an opportunity to participate in, at the employee’s own expense or pursuant to coverage under an employee benefit plan, either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate as determined by the employer after consultation with a substance abuse professional. The employee shall sign a release permitting the employer to monitor participation and compliance with counseling or a rehabilitation program.
If the employee:
i) refuses to participate in the counseling or rehabilitation program; or
ii) fails to successfully complete the program, as evidenced by withdrawal from the program before its completion; or
iii) is unable to perform the safety sensitive functions of the job in question because of a positive test result on any subsequent return-to-duty or follow-up testing after completion of the program; or
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iv) presents a direct threat to property or the safety of others, or is otherwise considered unable to perform in good faith;
the employer may discharge or recommend that the employee be discharged from employment, and
c) For a first positive test conducted under this policy, the employee shall be suspended without pay for 3 days; for a second positive test the employee shall be suspended without pay for 10 days; and fir a third positive test, the employee shall be discharged from employment.
d) Employee shall not be allowed to return to safety sensitive position until:
i) Employee has been evaluated by a substance abuse professional;
ii) Employee has completed any recommended treatment;
iii) Employee has taken a return-to-duty test with a negative drug test result or an alcohol test result indicating an alcohol content of less than 0.02; and
iv) Employee is subject to required follow-up testing.
3) Other Misconduct. Nothing of this policy limits the right of the employer to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test.
43.090 Data Privacy. The purpose of collecting a body component sample of breath or urine is to test that sample for the presence of drugs or alcohol. A sample provided for drug or alcohol testing will not be tested for any other purpose. The name, initials, and social security number of the person providing the sample are requested so that the sample can be identified accurately but confidentially. Information about medications and other information relevant to the reliability of, or explanation for, a positive test result is requested to ensure that the test is reliable and to determine whether there is a valid medical reason for any drug or alcohol in the sample.
All data collected, including that in the notification form and the test report, is intended for use in determining the suitability of the employee for employment. The employee may refuse to supply the requested data; however, refusal to supply the requested data may affect the employee’s employment status. The employer will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employer or to a third party, individual, governmental agency, or private organization without the written consent of the employee tested, unless required by law or court order.
43.100 Appeals Procedure. Concerning disciplinary actions taken pursuant to this policy, available appeal procedures are as follows:
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1) Temporary and Part-Time Employees. Temporary and part-time employees as defined in the City of Elgin personnel manual shall have no right of appeal.
2) Non-Veterans on Probation. An employee who has not completed the probationary period and who is not a veteran has no right of appeal.
3) Non-Veterans after Probation. A regular employee who has completed the probationary period and who is not a veteran has a right to appeal to the City Clerk no later than 10 calendar days after the action.
4) Veterans. An employee who is a veteran has a right to appeal to the City Clerk a permanent demotion (including salary decrease), or a discharge, if the employee submits a notice of appeal within 60 calendar days after the action, regardless of status with respect to the probationary period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Statutes §197.46.
All notices of appeal must be submitted in writing to the City Clerk, City of Elgin, P.O. Box 236, Elgin, MN 55932, which shall provide an appropriate hearing.
43.110 Amendments. The City of Elgin expressly reserves the right to unilaterally amend this policy by action of the Elgin City Council at any time.
43.120 Not a Contract. Except as required by Minnesota’s Drug and Alcohol Testing in the Workplace Act, nothing in this policy is intended to and does not give applicants and/or City employees any contractual rights.
205 Chapter 44 ELECTRIC FRANCHISE
44.010 Grant of Franchise. There is hereby granted unto Interstate Power and Light Company, its successors, and assigns, herein called “Grantee”, the right, permission, privilege, and franchise, for a period of twenty-five (25) years from and after the taking effect of this ordinance, subject only to the laws of the State of Minnesota as now in force and to the conditions and limitations hereinafter contained, to erect, install, construct, reconstruct, repair, own, operate, maintain, manage, and control an electric plant and an electric transmission and distribution system consisting of poles, wires, conduits, pipes, conductors, and other fixtures, within the limits of said City of Elgin, for light, heat, and power purposes.
44.020 Grant of Rights-of-Way. Said Grantee, its successors and assigns, is hereby granted the right-of-way in, under, over, along, and across the streets, lanes, avenues, sidewalks, alleys, bridges, and public grounds of the City of Elgin for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, maintaining, managing, and controlling said electric plant and said electric transmission and distribution system.
44.030 Indemnification. Said Grantee shall hold City of Elgin free and harmless of and from any and all liability damages, actions and causes of action, caused by or through the neglect or mismanagement of the Grantee in the erection, installation, construction, reconstruction, repair, operation, maintenance, management, or control of said electric plant and electric transmission and distribution system.
44.040 No Unnecessary Impedance by Grantee. Grantee shall not, during the erection, installation, construction, reconstruction, repair, operation, and maintenance of said plant or transmission and distribution system, unnecessarily impede public travel on the streets, lanes, avenues, sidewalks, alleys, bridges, and public grounds of the City of Elgin, and shall leave all of said streets, lanes, avenues, sidewalks, alleys, bridges, and public grounds upon which it may enter for the purpose herein authorized in as good condition as they were at the date of said entry.
44.050 Service Area. Grantee will extend service to any customer within the corporate limits of the City of Elgin in accordance with the service standards of grantee as filed with the Public Service Commission of the Dept. of Public Service of the State of Minnesota.
44.060 Whenever any person has obtained permission from the City of Elgin to move any building or structure which may interfere with the poles, wires,Removal or other and fixtures Replacement of said Grantee, of Grantee’s Grantee Fixtures. shall, upon five days’ notice thereof, and at the expense of the person desiring to move such structure, remove such poles, wires, or other fixtures as may be necessary to allow the passage of such structure, for a reasonable length of time, upon receipt from such person of satisfactory assurance covering the cost of such removal and replacement and any liability or damage resulting therefrom.
206 44.070 Severability. If any section or portion of a section of this ordinance shall be declared null and void by any competent authority, the remaining portions hereof shall not be affected thereby.
44.080 Conflicting Passages. All ordinances or resolutions or parts thereof heretofore adopted by the City of Elgin in conflict with the terms hereof are hereby repealed.
207 Chapter 45 GAS FRANCHISE
45.010 Definitions.
For purposes of this ordinance, the following terms listed in alphabetical order shall have the following meanings:
1) City: The City of Elgin, County of Wabasha, State of Minnesota.
2) City Utility System: Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting, and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy.
3) Commission: The Minnesota Public Utilities Commission (MPUC) or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the MPUC.
4) Company: Minnesota Energy Resources, a subsidiary of Integrys Energy Group, a Delaware Corporation, its successors and assigns, including all successors or assigns that own or operate any part or parts of the gas facilities subject to this franchise.
5) Gas Facilities: Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use.
6) Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to:
______
Notice to the City shall be mailed to:
City of Elgin City Hall P.O. Box 236 Elgin, MN 55932
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Any party may change its respective address for the purpose of this ordinance by written notice to the other parties.
7) Public Way: Any street, alley, or other public right-of-way within the City.
8) Public Ground. Land owned or otherwise controlled by the City of park, open space, or similar public purpose, which is held for use in common by the public.
45.020 Grant of Franchise. City hereby grants Company, for a period 25 years from the date this ordinance is passed and approved by the City, the right to import, manufacture, distribute, and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair, and maintain Gas Facilities in, on, over, under, and across the Public Ways and Public Grounds, subject to the provisions of this ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement.
45.030 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after passage of this ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction.
45.040 Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas serve in the City are subject to the jurisdiction of the MPUC.
45.050 Publication Expense. Company shall pay the expense of publication of this ordinance.
45.060 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in district court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity.
45.070 Continuation of Franchise. If the City and Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise shall remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 25-year term set forth in Section 2.1.
209 45.080 Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance, location, and relocation of Gas Facilities shall be subject to other reasonable regulations of the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise.
45.090 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if: 1) an emergency exists, requiring the immediate repair of Gas Facilities, and 2) Company gives telephone, e-mail, or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees.
45.100 Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, Part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed fourteen days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the costs of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3.
The City hereby expressly reserves all of its rights in the future use of all of its streets within the City boundaries.
45.110 Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement.
45.120 Notice of Improvements to Streets. The City will give Company reasonable written notice of plans for improvements to Public Ways where the City has reason to believe the Gas Facilities may affect or be affected by the improvement. The notice will contain:
210 1) the nature and character of the improvements;
2) the Public Ways upon which the improvements are to be made;
3) the extent of the improvements;
4) the time when the City will start the work; and
5) if more than one Public Way is involved, the order in which the work is to proceed.
The notice will be given to Company in a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations, or repairs to its Gas Facilities the Company deems necessary.
45.130 Mapping Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities by providing to the City a copy of the most recent and current maps in the possession of the Company.
45.140 Relocation in Public Ways. The Company shall comply with Minnesota Rules, Part 7819.3100 and applicable City ordinances consistent with law.
45.150 Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Relocation shall comply with applicable City ordinances consistent with law.
45.160 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes §161.46.
45.170 Indemnity of City. The Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence, except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work.
45.180 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such
211 litigation, as it pertains to the City’s liability or lack thereof, without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes Chapter 466.
45.190 Vacation of Public Way; Notice. The City shall give Company at least thirty days prior written notice of a proposed vacation of a Public Way.
45.200 Change in Form of Government. Any change in the form of government of the City shall not affect the validity of this ordinance. Any governmental unit succeeding the City shall, without the consent of the Company, succeed to all of the rights and obligations of the City provided in this ordinance.
45.210 Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be: a) a percentage of gross revenues received by the Company for its operations within the City, or b) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or c) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (a) to (c) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company-proposed franchise fee formula, and each review will not delay the implementation of the City-imposed fee.
45.220 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least ninety days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective thirty days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail.
45.230 Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of natural gas within the City by any other natural gas supplier, provided that as to such supplier, the City has the authority to require a franchise fee.
45.240 Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice
212 requirements, and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company’s determination of the franchise fee payments.
45.250 Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the current franchise and the current franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon.
45.260 Severability. Every section, provision, or part of this ordinance is declared separate from every other section, provision, or part; if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason, the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where provision of any other City ordinance conflicts with a provision of this ordinance, the provisions of this ordinance shall prevail.
45.270 Limitation on Applicability. This ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.
45.280 Amendments to Agreement. Either party to this franchise agreement may at any time propose that the agreement be amended. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk after City Council adoption of the amendatory ordinance.
45.290 Confidentiality. City acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If Company requests that any information provided by Company to City be kept confidential due to such proprietary or commercial value, City and its employees, agents, and representatives shall maintain the confidentiality of that information, to the extent allowed by law. If City is requested or required by legal or administrative process to disclose any such confidential information, City shall promptly notify Company of such request or requirement so that Company may seek an appropriate protective order or other relief. City shall use all reasonable efforts to ensure that the confidentiality of Company’s confidential information is maintained.
45.300 . The Company shall notify the City Public Works Supervisor prior to installation of new equipment and major maintenanceSupervisor’s thereto in Discretion order to allow to Observe the Supervisor, Installation if the and Supervisor Maintenance decides it is in the City’s interest, to observe the installation and maintenance.
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45.310 Tree Trimming. As with any maintenance in the City, the City shall be allowed to perform tree trimming where trees may come in contact with Company’s Gas Facilities, in order to protect the health of trees and provide for aesthetics, if, in the opinion of the City, an unreasonable amount of time has passed without upkeep or repair.
45.320 Waiver. Any waiver of any obligation or default under this franchise shall not be construed as a waiver of any future defaults, whether of like or different character.
45.330 Force Majeure. It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to force majeure. “Force majeure” shall include, but not be limited to, the following:
a) physical events, such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment, or distribution or transmission lines;
b) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars;
c) governmental actions such as necessity for compliance with any court order, law statute, ordinance, executive order, or regulation promulgated by a governmental authority having jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid force majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provide, however, that this agreement shall not obligate a party to settle any labor strike.
214 Chapter 46 GAS FRANCHISE FEE
46.010 Compensation. The laws of the State of Minnesota authorize a payment of fees to a city by the provider of natural gas services in the form of the imposition of a city franchise fee to raise revenue or to defray costs accruing as a result of such operations, or both. This payment is commonly referred to as a “franchise fee.”
46.020 Computation and Imposition of Franchise Fee. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City shall impose a franchise fee. The fee shall be the sum of five (5) percent of gross revenues received by the Company for its operations in the City collected from the City’s natural gas customers located within the City.
46.030 Effective Date. The franchise fee shall not be adopted until at least ninety days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective thirty days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail.
46.040 Binding Effect. The ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of natural gas within the City by any other natural gas supplier, provided that as to such supplier, the City has the authority to require a franchise fee.
46.050 Collection of Franchise Fee. The franchise fee shall be collected from natural gas customers located within the city as a separate item on bills for gas utility service. The franchise fees collected shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements, and the fee may not be changed more often than annually. Upon the mutual agreement of the Company and the City, the Company may discount or reduce the franchise fee to retain or acquire the business of a customer when a reduction is required to retain the customer’s purchase or transportation of natural gas. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company’s determination of the franchise fee payments.
46.060 Expiration of Franchise. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the current franchise and the current franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon.
215 Chapter 47 EXTENDING CORPORATE LIMITS
47.010 Land Included. The land described in the following sections was annexed to the City of Elgin, and the corporate limits of the City of Elgin are hereby extended to include said land located in the State of Minnesota, County of Wabasha:
1) That part of the East Half of the Southwest Quarter (E½SW¼) of Section 27, Township 108 North, Range 12 West, described as follows: Commencing at a point 660 feet South of the Northeast corner, being the point of beginning; thence South to the South line of said quarter; thence West on the South line a distance of 75 feet, more or less, to the end of the highway right-of-way for Minnesota Trunk Highway 42; thence North to a point 660 feet South of the North quarter section line of the East Half of the Southwest Quarter (E½SW¼) of Section 27, thence East 75 feet, more or less, to the point of beginning.
2) The West 33.25 acres of the East Half of the Northeast Quarter (E½NE¼) of Section 34, Township 108, Range 12, excepting therefrom: beginning at the northwest corner of the East Half of the Northeast Quarter (E½NE¼) of Section 34, thence South 42 rods, thence East 20 rods; thence North 42 rods; thence West 20 rods to the place of beginning.
3) The North 28 acres of the West Half of the Northeast Quarter (W½NE¼) of Section 34, Township 108, Range 12, excepting therefrom the South 317 feet of the North 350 feet of the West 65 feet thereof.
4) The North 57½ acres of the West Half of the Northeast Quarter (W½NE¼) of Section 34, Township 108, Range 12, excepting therefrom the North 28 acres of the West Half of the Northeast Quarter (W½NE¼) of Section 34-108-12. Containing 29½ acres, more or less.
5) The West 62.75 acres of the East Half of the Northeast Quarter (E½NE¼) of Section 34, Township 108, Range 12, excepting therefrom the South 400 feet thereof. Further excepting therefrom the West 33.25 acres of the East Half of the Northeast Quarter (E½NE¼) of Section 34-108-12.
6) The West Half of the Northeast Quarter (W½NE¼) of Section 34, Township 108, Range 12, excepting therefrom the North 57½ acres thereof. Also, the East Half of the Northeast Quarter (E½NE¼) of Section 34-108-12, excepting therefrom: a) the West 62.75 acres thereof; b) the South 400 feet thereof; and c) the East 28 feet of the North 500 feet thereof. Also: Commencing at a point on the North-South section line between Sections 34 and 35, Township 108, Range 12, said point being 400 feet North of the Northeast corner of the Southeast Quarter (SE¼) of said Section 34-108-12 for a point of
216 beginning; thence South along the easterly line of said Southeast Quarter (SE¼) to the Southeast corner of said Southeast Quarter (SE¼), thence East 66 feet, thence North to a point which is 66 feet directly East of the point of beginning; thence West 66 feet to the point of beginning. Also: the South 17 acres of the Southwest Quarter of the Southwest Quarter (SW¼SW¼) of Section 35-108-12.
7) The South 22½ acres of the West Half of the Northeast Quarter (W½NE¼) of Section 34, Township 108, Range 12.
8) The East Half of the Northeast Quarter (E½NE¼) of Section 34, Township 108, Range 12, excepting therefrom: a) the West 62.75 acres thereof, and b) the South 400 feet thereof.
9) The South 17 acres of the Southwest Quarter of the Southwest Quarter (SW¼SW¼) of Section 35, Township 108, Range 12.
217 Chapter 48 RIVERVIEW COURT CHANGED TO FIRST COURT NE
48.010 Name of City Street Changed. Riverview Court in the City of Elgin is hereby renamed First Court NE.
218 Chapter 49 REGULATIONS REGARDING THE SITING OF ADULT ESTABLISHMENTS WITHIN THE CITY OF ELGIN
49.010 Background.
1) The State Attorney General has prepared a report entitled “Report of the Attorney General’s Working Group on Regulation of Sexually Oriented Businesses”, dated June 6, 1989, prepared by Hubert H. Humphrey, III, Attorney General of the State of Minnesota. Other reports include the Olmsted County Planning Department “Adult Entertainment Report” dated March 2, 1988, “A 40-Acre Study” prepared by the St. Paul Division of Planning in 1987, a City of Ramsey Adult Uses Planning Report, and “The Impact of Pornography: A Decade of Literature”, prepared for the Department of Justice Canada, all of which are hereafter collectively referred to as “Reports”. The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses.
2) The Reports, based upon the above referenced studies and the testimony presented to it has concluded “that sexually oriented businesses are associated with high crime rates and depression of property values”. In addition, the Attorney General’s Working Group”…heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property.” The Reports conclude that:
a. Adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses;
b. Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership;
c. The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases;
d. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior;
e. The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses;
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f. Many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses;
g. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and
h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store.
3) The City Council finds the characteristics of Elgin are similar to those of the cities cited by the Reports when considering the effects of adult uses.
4) The City Council finds, based upon the Reports and the studies citied therein, that adult uses will have secondary effects upon certain pre-existing land uses within the City.
5) The City’s zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects.
6) The City Council is concerned that the City’s zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended.
7) In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following:
a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses;
b. The concentration and density of such uses in the City and its neighborhoods;
c. The effect of such uses on other uses in the surrounding area.
8) A study has been conducted by the Elgin Planning and Zoning Commission so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. The study addressed land use and zoning issues, including those referenced above.
9) There is a need for an ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City’s comprehensive plan and zoning ordinance. There is a need to reasonably restrict such uses to carry out the goals set forth above..
220 49.020 Definitions.
1) Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 5 percent of the floor area of the establishment in which it is located or which comprises more than 10 percent of the gross receipts of the entire business operation.
2) Adult Use. An adult use is any of the activities and businesses described below:
a. Adult Use – Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to the body of a patron when such body is wholly or partially nude in terms of “specified anatomical areas.”
b. Adult Use – Bookstore: A building or portion of a building used for the barter, rental, or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
c. Adult Use – Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas”.
d. Adult Use – Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
e. Adult Use – Conversation/Rap Parlor: A conversation/rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
f. Adult Use – Health/Sport Club: A health/sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
221 g. Adult Use – Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”. h. Adult Use – Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”. i. Adult Use – Mini-Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”. j. Adult Use – Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in “specified sexual activities” or display “specified anatomical areas” while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use – Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled or operated still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing “specified sexual activities” or “specified anatomical areas”. l. Adult Use – Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas” for observation by patrons therein. m. Adult Use – Novelty Business: A business involving the sale of novelties or devices which either simulate human genitals or are designed for sexual stimulation, or devices or novelties depicting “specified sexual activities” or “specified anatomical areas”. n. Adult Use – Sauna: A sauna which excludes minors by reason of age and which provides a steam bath or heat bathing room used for the purpose of bathing,
222 relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
o. Adult Use – Steam Room/Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”.
3) Specified Anatomical Areas:
a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola, and
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
4) Specified Sexual Activities:
a. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral- anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
b. Clearly depicted human genitals in the state of sexual stimulation, arousal, or tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or
e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding, or other physical restraint of any such persons; or
223 f. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being, or
g. Human excretion, urination, menstruation, vaginal or anal irrigation.
49.030 License Required.
1) No person shall directly or indirectly deal in, sell, or keep for sale, or develop or locate in the City any Adult Establishment without a license to do so as provided in this ordinance.
2) Every application for a license to engage in Adult Establishment activities or to develop or locate in the City an Adult establishment shall state the name of the applicant, his age, representations as to his character, with such references as the council may require, his citizenship, the business in connection with which the proposed license will operate and its location, whether the applicant is an owner or operator of the business, how long he has been in that business at that place, and such other information as the council may require from time to time. The application shall be in the form prescribed by the City Clerk and shall be filed with the City Clerk.
3) On an initial application for an Adult establishment license, the City shall conduct a background and financial investigation of the applicant. The applicant shall sign any form prescribed by the Minnesota Bureau of Criminal Apprehension or any other law enforcement agency necessary to complete the background check. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the City Council that issuance would not be in the public interest.
4) Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without City Council approval is a ground for revocation of the license.
5) The annual fee for an Adult Establishment is $1,000.00. Each application for a license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee. All fees shall be paid into the general fund. If an application for a license is rejected, the City Clerk shall refund the amount paid as the license fee, less any costs incurred by the City in investigating and processing the license application.
6) No license shall be granted to any person made ineligible for such a license by state law.
49.040 Places Ineligible for a License.
1) Delinquent Taxes and Charges. No license shall be granted for operation of an Adult Establishment on any premises on which taxes, assessments, or other financial claims of
224 the City are delinquent and unpaid, nor shall any license be granted to any person who is delinquent in payment to the City for taxes, assessments, or other financial claims owing to the City.
2) Distance from School, Church, etc. No Adult Establishment shall be located less than 1000 feet from the edge of the lot on which there is an existing or future planned residential structure, public or private day care, school, library, park, religious institution, playground, youth facility, other Adult Establishment, or other public recreational facility.
3) Industrial Zone. No Adult Establishment shall be located in any zone within the City other than an Industrial Zone (I-1) pursuant to Elgin Planning and Zoning Code Section 5, Subdivision 8.
49.050 Conditions of License.
1) All outdoor signage shall conform to Elgin Planning and Zoning Code Section 7. No signs shall be placed in any window. A one-square- foot sign may be placed on the door to state hours of operation and admittance to adults only.
2) No Adult Establishment shall be open for business between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; or after 1:00 a.m. on Sundays.
49.060 Violations and Enforcement. A violation of this ordinance shall be a misdemeanor. Each day of violation shall constitute a separate offense. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil or criminal remedy in any court of competent jurisdiction.
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