CHAPTER 7

STREETS AND SIDEWALKS GENERALLY

(THIS CHAPTER CONTAINS PROVISIONS AS TO DEFINITIONS, APPLICATION AND SCOPE RELATING TO CHAPTERS 8 AND 9 AS WELL AS THIS CHAPTER)

SECTION 7.01. DEFINITIONS. Except as otherwise defined in the City Code, or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes, Chapter 169, shall be applicable to City Code, Chapters 7, 8 and 9.

SEC. 7.02. APPLICATION. The provisions of City Code, Chapters 7, 8 and 9, are applicable to the drivers of all vehicles and animals upon streets, including, but not limited to, those owned or operated by the United States, the State of Minnesota, or any county, town, city, district, or other political subdivision.

SEC. 7.03. SCOPE AND ORDERS OF OFFICERS.

Subd. 1. Scope. The provisions of Chapters 7, 8 and 9 relate exclusively to the streets, alleys and private roads in the City, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets, alleys and private roads.

Subd. 2. Orders of an Officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic.

SEC. 7.04. TRAFFIC AND PARKING CONTROL.

Subd. 1. Council Action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the Council shall first have approved and directed the same, except as otherwise provided in this Section; provided, that when traffic and parking control is marked or sign posted, such marking or sign posting shall attest to Council action thereon.

Subd. 2. Temporary Restrictions. The City may temporarily restrict traffic or parking for any private, public or experimental purpose. It is the duty of the Chief of Police or Director of Public Works to so restrict traffic or parking when a hazardous condition arises or is observed.

Subd. 3. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign posted, fenced, or barricaded restrictions or prohibitions.

Subd. 4. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb, or contrary to sign posted, fenced, or barricaded restrictions or prohibitions. §7.04

Subd. 5. Damaging or Moving Markings. It is a misdemeanor for any person to deface, mar, damage, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other authority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority.

SEC. 7.05. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER.

Subd. 1. Methods of Procedure.

A. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this Section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance.

B. With or without petition by the methods set forth in the Local Improvement Code under Minnesota Statutes Chapter 4295 as the same may from time to time be amended.

Subd. 2. Permit Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, roadway surfacing, or driveway in any street or other public property in the City without a permit in writing from the City Administrator. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided, that no permit shall be required for any such improvement ordered by the Council. All applications shall be referred by the City Administrator to the City Engineer and no permit shall be issued until approval has been received from the City Engineer. All such applications shall contain an agreement by the applicant to be bound by this Chapter, and shall contain plans and specifications consistent with the provisions of this Chapter and good engineering practices. A permit from the City shall not relieve the holder from liability for injury to the person or property of another caused during the performance of such improvements.

Subd. 3. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be performed in strict accordance with specifications and standards on file in the office of the City Administrator and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced.

Subd. 4. Inspection. The City Engineer shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may

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be stopped by the City Administrator if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work.

SEC. 7.06. OBSTRUCTIONS IN STREETS.

Subd. 1. Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in strict compliance with the terms and conditions of such permit, and by employing precautionary measures for the protection of the public. For purposes of this Section, the definition of an obstruction shall include, but not be limited to, an electrical cord or device of any kind.

Subd. 2. Fires. It is a misdemeanor for any person to build or maintain a fire upon a street.

Subd. 3. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this Section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the Council.

Subd. 4. Signs and Other Structures. It is a misdemeanor for any person to place or maintain a sign, advertisement, or other structure in any street without first having obtained a written permit from the Council. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain temporary signs overhanging the street may be granted upon such terms and conditions as may be set forth in the zoning or construction provisions of the City Code.

Subd. 5. Placing Snow or Ice in a Roadway or on a Sidewalk.

A. It is a misdemeanor for any person, not acting under a specific contract with the City or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any public roadway or sidewalk.

B. Where permission to place snow or ice on a public roadway or sidewalk is granted by the City Administrator, the person to whom such permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If said costs are not paid

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to the City, the City shall collect such costs by civil action or assessment against the benefited property as any other special assessment.

Subd. 6. Continuing Violation. Each day that a person is in violation of this Section shall constitute a separate offense and shall be punishable as such.

Subd. 7. Condition. Before granting any permit under any of the provisions of this Section, the Council may impose such insurance or bonding conditions thereon as it, considering the possible harm to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also indemnify the City from any suit, action or cause of action arising out of the permit holder's conduct.

SEC. 7.07. STREET OPENINGS OR EXCAVATIONS.

Subd. 1. Unlawful Act. It is a misdemeanor for any person, except (1) a City employee acting within the course and scope of his or her employment, (2) a contractor acting within the course and scope of a contract with the City, or (3) a franchisee acting within the course and scope of its franchise from the City, to make any excavation, opening or tunnel in, over, across or under a street or other public property without first having obtained a permit from the City Administrator as herein provided. Provided, however, that a franchisee shall give the City twenty-four (24) hours' notice prior to commencing any such work on streets or other public property.

Subd. 2. Application. Application for a permit to make a street excavation shall set forth the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be required by the City Administrator for investigation hereinafter provided for, and shall be filed with the City Administrator.

Subd. 3. Estimate and Payment of Estimated Costs. Upon receipt of the application, the City Administrator shall cause such an estimate to be made as to the costs of repairing the excavation, such as backfilling, compacting, resurfacing and replacement, and to determine the permit conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, as well as the costs incurred by the City in preparing the estimate. Payment of such estimated costs must be made before the permit will be issued.

Subd. 4. Protection of the City and the Public.

A. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon by the City so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the City may, after six hours notice in writing to the holder of the permit of its intention to do so,

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correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the permit holder.

B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the City satisfactory written evidence that the applicant will keep in effect public liability insurance of not less than $500,000 for any person, $500,000 for any occurrence and property damage insurance of not less than $25,000, issued by an insurance company authorized to do business in the State of Minnesota, and on which the City is named as a co-insured.

C. Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the City harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom.

D. Subd. 5. Issuance of Permit. The City Administrator shall issue such permit after

(1) completion of such investigation,

(2) determination of all estimated costs as aforesaid,

(3) agreement by the applicant to the conditions of time and manner as aforesaid;

(4) agreement in writing by the applicant to pay all actual cost of repairs over and above such estimate, and,

(5) agreement in writing by the applicant to be bound by all of the provisions of this Section. No permit shall be issued until the applicant has paid all of the foregoing together with such investigation, inspection and permit fees as are fixed and determined by resolution of the Council.

Subd. 6. Repairs. All temporary and permanent repairs, including backfilling, compacting and resurfacing shall be made, or contracted for, by the City in a manner prescribed by the City Administrator and an accurate account of costs thereof shall be kept.

Subd. 7. Cost Adjustment. Within sixty days following completion of such permanent repairs, the City Administrator shall determine and compare the actual costs of repairs with the estimated costs paid to the City pursuant to Subdivision 3 of this Section, furnish to the permit holder an itemized statement thereof, and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be.

Subd. 8. Alternate Method of Charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the City may charge on the basis of surface square feet §7.08 removed, excavated cubic feet, or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged.

SEC. 7.08. REGULATION OF GRASS, WEEDS AND TREES.

Subd. 1. City to Control Tree Planting. The City shall have control and supervision of planting shrubs and trees upon, or overhanging, all streets or other public property. The City may establish and enforce uniform standards relating to the kinds and types of trees to be planted and the placement thereof. Such standards shall be kept on file in the office of the City Administrator and may be revised from time to time by action of the Council upon the recommendation of the City Administrator.

Subd. 2. Permit Required. It is a misdemeanor for any person to plant, spray, trim or remove trees or shrubs which are upon City property, including rights-of-way, without first procuring from the City a permit to do so. Notwithstanding the foregoing, a person may trim that portion of a tree or shrub beginning at the level of the ground and extending six (6) feet upward, where such tree or shrub is located within the City right-of-way.

Subd. 3. Duty of Property Owners to Cut Grass and Weeds from City Right-of-Way or Boulevard. Every owner of property abutting any public street shall cause the grass and weeds to be cut from the area beginning at the legal line of such property nearest to such street and continuing to the nearest boundary of such street. If the grass or weeds in such a place attain a height in excess of six (6) inches it shall be prima facie evidence of a failure to comply with this Subdivision.

Subd. 4. City May Order Work Done. The City may, in cases of failure to comply with this Section, and after notice to the property owner, perform such work with employees of the City, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon such street. After the work is completed the City shall provide each affected landowner a statement setting forth the charges incurred by the City and requesting immediate payment for the same. If such payment is not received by the City Clerk within ten (10) days after the request is made, the City shall assess the charges against the affected parcel or parcels of property. Ordinance 48 2nd Series, Sept. 9, 2000

Subd. 5. Assessment.

Calculation. At any time after the expense of the work done or to be done is calculated, and the period for payment set forth in Subdivision 4 has expired, the Council shall determine by resolution the amount of the total expense which will be assessed against the affected property, and if more than one property is involved, the Clerk shall calculate the amount to be assessed against each parcel of affected property. Ordinance 48 2nd Series, Sept. 9, 2000

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Notice. The Clerk shall give notice that the Council will meet to consider the assessment. Such notice shall be published in the City's legal newspaper at least once and sent by United States mail to the owner of each parcel of affected property no less than two weeks prior to said meeting. The notice shall set forth the following: Ordinance 48 2nd Series, Sept. 9, 2000

1. The date, time and place of such hearing, and that the Council may adopt the proposed assessment at such hearing.

2. The work performed or to be performed, the property or properties proposed to be assessed, the amount of the total proposed assessment, the amount of proposed assessment for each affected property, and that the proposed assessment roll is on file with the Clerk. Ordinance 48 2nd Series, Sept. 9, 2000

3. That written or oral objections to the assessment will be considered, and no appeal as to the amount of the assessment may be taken unless a written objection signed by the affected property owner is filed with the Clerk prior to the Council hearing or presented to the Council at such hearing.

The property owner may appeal the assessment to the District Court by serving notice of the appeal upon the Mayor or Clerk with thirty (30) days after the adoption of the assessment and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. Ordinance 48 2nd Series, Sept. 9, 2000

4. With respect to payment of the assessment:

(i) The property owner has the right to prepay the entire assessment to the Clerk, (ii) The time within which prepayment must be made to avoid the assessment of interest, (iii) The rate of interest to be accrued if the assessment is not prepaid within that time period And that partial prepayment of the assessment is not authorized under the City Code. Ordinance 48 2nd Series, Sept. 9, 2000

Adoption. At the hearing on the assessment, the Council shall hear and pass upon all oral or written objections to the proposed assessment. The amount of the assessment determined by the Council shall become a part of the adopted assessment roll. If the adopted assessment differs from the proposed assessment, the Clerk must notify the affected property owner or owners of such changes adopted by the Council. The assessment, with accruing interest at a rate determined by the resolution, shall be a lien upon all property included therein from the date of the resolution adopting the assessment. After adoption, the Clerk

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shall provide the assessment to the county auditor, either by transmitting a certified duplicate thereof to the auditor, or by including the assessment with all assessment rolls filed in the Clerk's office and certifying annually, on or before November 30 of each year, the assessments on each parcel of property within the City. Ordinance 48 2nd Series, Sept. 9, 2000

Payment. The affected property owner may, at any time prior to the certification by the Clerk of the assessment to the county auditor, pay the entire assessment, with interest accrued to the date of said payment, to the Clerk. Notwithstanding the foregoing, no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption thereof by the Council. The assessment may, at the discretion of the Council, provide for payment through a single installment or up to ten equal annual installments. Ordinance 48 2nd Series, Sept. 9, 2000

SEC. 7.09. LOAD LIMITS. The City, upon the recommendation of the City Engineer, may from time to time impose load limits upon vehicular traffic on any public street or portion thereof. Such limits shall be clearly and legibly sign posted on all streets or portions of streets for which a load limits apply. It is a misdemeanor for any person to operate a vehicle on any street in violation of the limitation so posted.

SEC. 7.10. REQUIREMENT OF SEWER AND WATER MAIN SERVICE LATERAL INSTALLATION.

Subd. 1. Requirement of Sewer and Water Laterals. No petition for the improvement of a street shall be considered by the Council if such petition contemplates constructing therein any part of a pavement or stabilized base, or curb and gutter, unless all sewer and water main installations shall have been made therein, including the installation of service laterals to the curb, if the area along such street will be served by such utilities installed in the street.

Subd. 2. Sewer System Service and Water Main Service Laterals. No sewer system may be constructed or extended unless service laterals to platted lots and frontage facing thereon are extended simultaneously with construction of mains.

Subd. 3. Waiver. Upon such notice and hearing as the Council may deem necessary or proper, the Council may waive the requirements of this Section if it finds the effects thereof are unnecessarily burdensome.

SEC. 7.11. PRIVATE USE OF CITY OWNED STREETS AND PARKING LOTS.

Subd. 1. Authority, Permission and Procedure. Upon an application duly made to the City and reviewed and recommended by the City, the Council may in its discretion, grant special permission whereby City owned on-street parking, parking lots, ramps or public sidewalks may be temporarily or permanently dedicated to private use (including, but not limited to, establishment of

§7.11 private or "leased" parking, "loading zones", or benches) at such places, on such terms and for such consideration as the Council may deem just and equitable. In establishing the amount of such consideration to be paid to the City, the Council shall consider the amount of City owned property to be dedicated, the location thereof, the public inconvenience caused by such dedication, and the likely harm to persons or property. Upon complaint of any aggrieved person by reason of any specific special permission or dedication so granted, the Council shall at its next regular meeting after receipt of such complaint, set a hearing thereon to be held no earlier than ten (10) days after notice of the hearing has been both published and served by United States mail upon the applicant and the complainant. After such hearing the Council shall by resolution decide whether to terminate, continue or redefine the terms of such permission and such decision shall be final and binding on all persons directly or indirectly interested therein, except that the Council may, on its own motion, reconsider the same. This Section only pertains to City owned property and does not authorize the disposition of property dedicated to the public, which shall only be undertaken pursuant to State law.

Subd. 2. Public Vehicles. Free and reserved on-street parking shall be limited to City owned and operated vehicles.

Subd. 3. Forbidden Practices. It is unlawful for any person to park or otherwise infringe upon a grant of right under this Section, when clearly and distinctly marked or sign posted. It is unlawful for any person not granted such right to assert the same, or for any grantee of such right to exceed the terms or conditions of such right.

Subd. 4. Condition. Before granting any permit under any of the provisions of his Section, the Council may impose such insurance or bonding conditions thereon as it, considering the possible harm to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also indemnify the City from any suit, action or cause of action arising out of the conduct of the permit holder or an agent or employee or the permit holder.

SEC. 7.12. CURB AND GUTTER, STREET AND SIDEWALK PAINTING OR COLORING. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except by City employees acting within the course or scope of their employment. Provided, however, that this provision shall not apply to uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as such coloring may be approved by the City Administrator.

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SEC. 7.13. MOTORIZED VEHICLES PROHIBITED ON SIDEWALKS. It is unlawful for any person to drive or operate a motorized vehicle, except a wheelchair powered by electricity and occupied by a disabled person, on any public sidewalk or public property designated for use as a pedestrian walkway or bicycle trail, except when crossing the same for ingress and egress through a curb cut to property lying on the other side thereof. Source: City Code, Effective Date: 5-8-95

SEC. 7.14 IN-LINE SKATES, ROLLER SKATES AND SKATE BOARDS

Subd. 1, Definitions. The following terms as used in this Section, shall have the meanings stated:

A. “Operate” To ride on or upon or control the operation of in-line skates, roller skates, or a skateboard.

B. “Operator” Every person who operates or is in actual physical control of in-line skates, roller skates, or a skateboard.

C. “In-line skates/Roller Skates” A shoe with wheels attach or a device with wheels which is designed to be attached to a shoe.

D. “Skateboards” A device for riding upon, usually while standing, consisting of an oblong piece of wood, or of other composition, mounted on skate wheels.

Subd. 2. It is unlawful for any person to operate in-line skates, roller skates, or a skateboard under the circumstances set forth hereafter.

A. On private property of another without the express permission to do so by the owner or occupant of said property.

B. In any careless, reckless, or negligent manner so as to cause or likely cause:

a) nuisance; or

b) Endanger the safety of the actor or the safety of another person or property; or Harass another person; or

c) Damage property of any person or business entity.

Subd. 3. Any person operating in-line skates, roller skates, or a skateboard shall yield the right-of-way to all pedestrians and all vehicles at all times.

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Subd. 4. It is unlawful for any person operating in-line skates, roller skates, or a skateboard to attach the same, or the person of the operator, to any vehicles upon the roadway.

Subd. 5. Every person operating in-line skates, roller skates, or a skateboard upon a roadway shall ride as close as possible to the right-hand curb or edge of the roadway.

Subd. 6. A person cited by a police officer in violation of the provisions of this Section does by his use of the public sidewalks, streets, and public parking lots, consent to the impoundment by a police officer of the in-line skates, roller skates, or skateboard for a period of three days upon first offense, a week upon second offense. Any operator aggrieved by the impoundment of the operator’s in-line skates, roller skates, or skateboard may petition the Council for a hearing thereon at the next regular Council meeting following impoundment. This provision is in addition to the provisions for fines and penalties as set forth in Chapter 1. Source: Ordinance 22 2nd series, Effective Date: 6-17-97

SEC. 7.15 INDIVIDUAL AND GANG MAIL RECEPTACLES

Subd. 1. Homeowner Responsibility. It shall be the responsibility of homeowners to maintain mail receptacles to serve their property. Receptacles include all of individual U. S. mail boxes, posts and related structural pieces, and newspaper boxes that are placed within the boulevard area of a public street or roadway.

Subd. 2. Individual Mail Receptacles. In areas where gang mail receptacles are not established for use by residents the installation of individual mail receptacles is authorized, subject to U. S. Postal Service authorization. The mailbox height shall be no less than 42 inches as measured from the surface of the road to the bottom of the mailbox. The post must be established with sufficient depth within the ground so as to be structurally sound.

Subd. 3. Damage to Individual Mail Receptacles. If damage occurs through City of Becker snowplowing efforts to individual mail receptacles and they are installed both deep enough to be structurally sound and placed at the correct height the City will repair it at city expense. In the event the mail receptacle was not installed properly or damaged by others, it shall be the responsibility of the homeowner to repair.

Subd. 4. Gang Mail Receptacles. In areas of the city where gang mail receptacles have been established, homeowners are required to use these for the establishment of their mailboxes and newspaper boxes. No individual mailbox installations are authorized within the boulevard area of a public street or roadway.

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Subd. 5. Damage to Gang Mail Receptacles. If damage occurs through City of Becker snowplowing efforts to gang mail receptacles and they are installed both deep enough to be structurally sound and placed at the correct height the City will repair it at city expense. In the event the mail receptacle was not installed properly or damaged by others it shall be the responsibility of the homeowner to repair. The City shall not be responsible for the repair of gang mail receptacles. The city shall not be responsible for collecting funds from homeowners for repairs to gang mail receptacles. Source: Ordinance 46, 2nd series, Effective Date: 5-16-2000

Section 7.16 SIDEWALK SNOW AND ICE REMOVAL

Subd. 1. Owner and Occupant, Duties. The owner or occupant of each and every building or tract of land within the City fronting upon any street, having a sidewalk abutting upon the premises, will clear the sidewalk of snow and ice within 48 hours following the termination of any snowstorm or the formation of ice from any cause and will keep the same clear and free from snow and ice. Residents living on a Cul-de-sac, as illustrated below, will be exempt from this ordinance. In developments where the number of developed lots does not exceed five (5) this ordinance does not apply.

(lots between the black circles are considered cul-de-sac lots)

Subd. 2. City Removal. If the owner or occupant does not remove such snow or ice within 48 hours the same will be removed under the direction of the Director of Public Works as time permits. The expense of such removal will be billed to the property owner and if not paid with in 60 days, levied against the property as a special assessment and collected as other special assessments are collected. The expense for this service will be based on either the direct cost charge to the City by a contractor plus administration fee or the cost of labor and administration put forth by the city and calculated using the fee set forth by Council at the beginning of every year. Source: Ordinance 133 2nd Series, Effective Date: October 25nd, 2008

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SEC. 7.17. PRIVATE STREET MAINTENANACE AND TURN BACK

Subd. 1. Definitions. The following terms as used in this Section, shall have the meanings stated:

A. “Private Streets” All streets identified as private on the City’s Official Street Map shall be considered private for maintenance purposes. a. Streets contained within outlots or lots under private ownership as detailed in Development Contracts with the City. b. Streets contained within outlots or lots under private ownership without a public right of way or roadway easement. c. Streets or driveways constructed within public right of way under a “Private Use of Public Property” permit. d. Streets platted as “Drive”, “Driveway” or “Road” without reference to City or public dedication on the plat unless currently maintained or formally accepted by City Council Resolution Subd. 2. City Maintenance of Private Streets shall be limited as follows: A. Repair of damage directly due to the City’s maintenance of public trail, water, sanitary sewer and storm water systems. B. Maintenance as detailed in written agreements that demonstrate they were approved by resolution by the City Council. C. Snow removal for access of utilities shall be limited to emergency situations only. D. Application of winter maintenance ice control and snow removal measures shall not be done on private streets unless requested by the Fire Chief or Police Chief for emergency vehicle access. E. The City may enter into an agreement to provide winter maintenance under a contract with the affected properties. The cost of the service would be billed annually to the Home Owners Association. The costs would include the any overhead cost associated with the billing and contract maintenance. Subd. 3. Transfer of Private Streets to Public Streets and Ownership. The City Council will consider the adoption of private streets as public streets under the following process: F. A petition requesting the change to a public street with a minimum of 51% of the affected property owner’s signatures. The petition shall include the provision that the property owners waive their rights to appeal the public improvement project assessment for any reconstruction. §7.17

G. The request shall include a fee and escrow as identified on the City Fee schedule. The petitioners shall be responsible for all costs associated with the transfer and shall reimburse the City for costs over the amount of the escrow. Any funds remaining in the escrow will be returned to the petitioners at the end of the project. H. An evaluation of the street and condition shall be completed by the City Staff prior to City Council acceptance to determine what improvements may be required for the street to meet city standards. This may include, but not limited to, the following items: a) Pavement condition b) Preventative maintenance records c) Pavement thickness d) Urban construction e) Drainage f) Signage g) Pavement markings

I. The Street shall be at or upgraded to the requirements of a Marginal Access Street with the required ROW and pavement width. J. Should the reconstruction of the street be required to meet the City standards the cost would be completed as a public improvement project and assessed under Minnesota Statute Chapter 429. K. The required documentation dedicating the street and easement to the City for recoding shall be provided. L. The approval or denial of the petition for acceptance of the road as a public street shall be at the sole discretion of the City Council. Source: Ordinance 210, 2nd Series, Effective Date: December 17, 2018

(Sections 7.18 through 7.98, inclusive, reserved for future expansion)

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SEC. 7.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. A person violates a Section, Subdivision, Paragraph or Provision of this Chapter when that person performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, such violation shall be punishable as follows:

Subd. 1. Where the specific Section, Subdivision, Paragraph or Provision specifically makes the violation thereof a misdemeanor, the violation shall be punishable as a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, it shall be punishable as a misdemeanor; and where the violation constitutes the third or greater violation, exclusive of parking violations, committed within a twelve (12) month period, the violation shall be punishable as a misdemeanor.

Subd. 2. Any violation not punishable as a misdemeanor under the provisions of Subdivision l hereof, shall be punishable as a petty misdemeanor. Source: City Code, Effective Date: 5-8-95