TITLE IX:  GENERAL REGULATIONS
Chapter
	90.	MINING
	91.	FORESTS AND TREES
	92.	ABANDONED PROPERTY
	93.	STREETS AND SIDEWALKS
	94.	RIGHT-OF-WAY MANAGEMENT PERMITS
	95.	ANIMALS
	96.	NUISANCES
	97.	PARKS AND RECREATION
CHAPTER 90:  MINING
Section
	90.01	Purpose
	90.02	Conditional use permit required
	90.03	Termination of permit
	90.04	Application
	90.05	Operating conditions
§ 90.01  PURPOSE.
	(A)	For the health, welfare, safety, and optimum land development, it is necessary to regulate the removal of sand, gravel, rock, soil, and other natural deposits in the city.
	(B)	Other purposes include the following:
		(1)	To provide for the economical availability of sand, gravel, rock, soil, and other materials vital to the continued growth of the city;
		(2)	To establish reasonable and uniform limitations, safeguards, and controls in the city, for the future production of sand, gravel, rock, soil, and other natural resources;
		(3)	To control noise, dust, hazards, effect on adjacent property, and other factors related to the active mining and/or excavating operation;
		(4)	To provide for control of the extent of excavation compatible with the surroundings; and for the restoration of the mining area after termination of the removal operation to make the site compatible with the surroundings and the comprehensive plan for development of the city; and
		(5)	To control pollution by erosion or sedimentation.
(1997 Code, § 900.01)
§ 90.02  CONDITIONAL USE PERMIT REQUIRED.
	(A)	Conditional use permit required.  It shall be unlawful for any person, partnership, company, or corporation to engage in mining within the city or for an owner to permit a person to mine on the owner's property, without first having obtained a conditional use permit for mining from the Council.
	(B)	Application and review of conditional use permit.  The applicant shall submit an application together with the required fees to the Planning Commission.  Property owners within 350 feet shall be notified by certified mail 10 days prior to the date the Planning Commission considers the request.  The Planning Commission shall consider the request at its next regularly scheduled meeting, but not earlier than 10 days from the date of submission.  The petitioner or petitioner's representative shall appear before the Planning Commission in order to answer questions concerning the proposed mining.  The Planning Commission shall make its recommendation to the Council within 60 days after the submission of the application.  The Council must take action on the application within 60 days of receiving the recommendation of the Planning Commission.  If it grants the mining permit, the Council may impose conditions it considers necessary to protect the health, safety, morals, or general welfare of the city and to ensure the use is in harmony with the general purpose of the intent of this section and the comprehensive plan.  No application for a mining permit shall be resubmitted within 6 months from the date of denial.
(1997 Code, § 900.03)  Penalty, see § 10.99
§ 90.03  TERMINATION OF PERMIT.
	(A)	Violations.  The Council may terminate a mining permit for violation of this chapter or a condition of the permit, or for violation of other applicable laws.
	(B)	Notice to terminate.  To terminate a permit, the Council shall give notice of the violation or other cause for the termination along with an order that the condition be remedied.  If the condition has not been repaired within 2 weeks, the Council shall hold a hearing to determine whether the permit should be terminated.
	(C)	Cease operation upon termination.  No mining shall take place after the permit is terminated pursuant to this section.
(1997 Code, § 900.04)  Penalty, see § 10.99
§ 90.04  APPLICATION.
	(A)	Filing.  The application for the permit required in § 90.02 shall be filed with the Administrator for presentation to the Council.  A fee as set forth from time to time by resolution of the Council shall accompany each application.  Application for renewal permit must be made 45 days prior to the termination of the previous permit.  The application shall be made in the name(s) of the operator of the mine and the owner of the land to be mined.
	(B)	Contents.  The application shall contain:
		(1)	The name and address of the operator and owner of the land;
		(2)	The correct legal description of the property where the mining shall occur;
		(3)	Names of neighboring landowners within 350 feet;
		(4)	A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation.  Topographic data, including contours at vertical intervals of not more than 5 feet except where the horizontal contour interval is 100 feet or more, a 2 foot vertical interval shall be shown on this map.  Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown.  1929 seal level datum shall be used for all topographic mapping where feasible;
		(5)	The purpose of the removal, storage, or excavation;
		(6)	The estimated time required to complete the removal, storage, or excavation;
		(7)	The plan of operation, including soil processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water;
		(8)	The plans for drainage, water and wind erosion control, sedimentation and dust control.  These plans shall be in conformity with the recommendations of the county soil and water conservation district office;
		(9)	A map of plat of the proposed pit or excavation showing the confines or limits hereof the excavation together with the proposed finished elevations based on 1929 sea level datum.  Where the finished elevations prohibit natural drainage, certified soil borings shall be included through the proposed excavation;
		(10)	A comprehensive plan showing that suitable provision will be made for the restoration of the excavated area so that it will not become a health or safety hazard or a nuisance.  The plan must include anticipated final elevations, slope, and a plan for the return of sub-soil and topsoil; where the Council deems it necessary, the plan shall include adjoining related areas where excavations have previously been made and remain under the control of the owner of the land on which the excavating is to be done or under the control of the person other than the owner to whom the permit is to be issued; and
		(11)	The travel routes to and from the site.
	(C)	Operation and land rehabilitation.  The applicant shall abide by 1 of the 2 following operating and land rehabilitation practices.
		(1)	Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements.
			(a)	The water depth must not be less than 3 feet.
			(b)	All banks shall be sloped to the water line at a slope which shall not be steeper than 4 feet horizontal to 1 foot vertical.
			(c)	All banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least 3 inches.
			(d)	The topsoil as required by division (C)(1)(c) above shall be planted with trees, shrubs, legumes or grasses upon the parts of the area where re-vegetation is possible.
			(e)	Slopes on boundary areas shall not be steeper than 4 feet horizontal to 1 foot vertical.
		(2)	Excavations not resulting in water areas after rehabilitation, but which must be graded or backfilled, shall meet the following requirements.
			(a)	The grading or backfilling shall be made with non-noxious, non-flammable, non-combustible solids.
			(b)	The graded or backfilled area shall not collect or permit stagnant water to remain in the graded or backfilled area.
			(c)	The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area immediately surrounding and which will minimize erosion due to rainfall.
			(d)	The graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of and areas immediately surrounding, and to a depth of at least 3 inches.
			(e)	The topsoil as required by division (C)(2)(d) above shall be planted with trees, shrubs, legumes, or grasses upon the parts of the area where re-vegetation is possible.
			(f)	New slopes on boundary areas shall not be steeper than 4 feet horizontal to 1 foot vertical.
(1997 Code, § 900.06)  Penalty, see § 10.99
§ 90.05  OPERATING CONDITIONS.
	(A)	The owner of the premises must meet all conditions in division (B) below.
	(B)	(1)	Fence.  The applicant must properly fence any pit or excavation.
		(2)	Slope of excavation.  The applicant must slope the banks, and otherwise properly guard and keep any pit or excavation in a condition not to be dangerous because of sliding or caving banks.
		(3)	Setbacks.  The applicant must refrain from mining below grade closer than 30 feet to the boundary of any zone where the operations are not permitted, or closer than 50 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of the property is first secured in writing and filed with the Administrator.  The applicant must refrain from excavating below road grade closer than 50 feet to the right-of-way line and any existing or platted street, road, or highway, except that excavating may be conducted within the limits in order to reduce the elevation of the right-of-way line or existing or platted street, road, or highway in conformity to the existing or proposed street grades.  The applicant must refrain from excavating below any maximum depth designated by the Council.
		(4)	Inspection fee.  An annual inspection fee shall be paid to the city.  The minimum annual inspection fee shall be set forth from time to time by resolution of the Council.  The annual inspection fee shall be based on the actual reasonable costs which are incurred by the city in providing periodic inspections and administering the provision of the annual permit.  The Council shall estimate these charges at the time the annual permit is issued and the applicant shall make a cash deposit with the city equal to the estimate at the time the annual permit is issued.  Any surplus at the expiration of the annual permit shall be refunded to the applicant or, if the costs exceed the estimate, the applicant shall pay the additional costs.
		(5)	Survey.  The applicant must furnish a survey by a certified registered surveyor showing the boundaries of the property.
		(6)	Bond.  The applicant must post a bond in the amount as set forth from time to time by resolution of the Council.  The bond must be conditioned to pay the city the cost and expense of repairing any highways, street, or other public ways and the restoration of other sites within the city made necessary by the special burden resulting from hauling and transporting on the roadways by the applicant in the removal of rock, sand, dirt, gravel, clay, or other material.  The bond must be conditioned further to comply with all the requirements of this section and the particular permit (including provisions relating to completion of operations and restoration of the site).  Additionally, the bond must save the city free and harmless from any and all suits or claims for damage resulting from the negligent excavation, removal, or storage of rock, sand, dirt, gravel, clay, or other material within the city boundary.
		(7)	Insurance.  The applicant must carry bodily injury and property damage, public liability insurance in the amount of $100,000 for any 1 person and $300,000 for any occurrence including blasting insurance naming the city as an additional insured.
		(8)	Noise.  The applicant must maintain and operate all equipment in a manner as to eliminate objectionable noises and vibrations, and comply with state and county noise standards.
		(9)	Hours of operation.  The applicant must conduct operations only between the hours of 7:00 a.m. and 7:00 p.m.  However, no trucking or mining shall be allowed on Sundays or holidays.
		(10)	Dust and dirt.  The applicant must construct, maintain, and operate all equipment in a manner as to minimize dust conditions.  All operations shall meet the standards of the State Pollution Control Agency.
		(11)	Appearance.  The applicant must maintain buildings and plants in a safe condition in accordance with acceptable industrial practice.  Weeds shall be controlled.
		(12)	Removal of structures.  The applicant must, within a period of 3 months after the termination of a sand and gravel operation, or within 3 months after abandonment of the operation for a period of 6 months (or within 3 months after expiration of a sand and gravel permit), dismantle or remove buildings, structures, and plants incidental to the operations.  However, the buildings, structures, and plants need not be dismantled and removed so long as they are legally being used for the production of processing of sand and gravel or for some other purpose permitted in the zone in which they are located.
		(13)	Lighting.  The applicant shall set forth the planned lighting of the area and any other equipment or structures that will be installed or built.
(1997 Code, § 900.07)  Penalty, see § 10.99
CHAPTER 91:  FORESTS AND TREES
Section
Forest Management
	91.01	Intent
	91.02	Permit
	91.03	Application; commercial lumbering or harvesting
	91.04	Application; removal of trees from any forested area
	91.05	Reforestation, rural land
	91.06	Reforestation of land, subdivided
Tree Diseases
	91.20	Declaration of policy
	91.21	Forester position created
	91.22	Duties of Forester
	91.23	Nuisance declared
	91.24	Inspection and investigation
	91.25	Abatement of Dutch elm disease and oak wilt nuisances
	91.26	Action by Forester
	91.27	Spraying elm or oak trees
	91.28	Transporting elm wood prohibited
	91.29	Interference prohibited
FOREST MANAGEMENT
§ 91.01  INTENT.
	Sections 91.01 et seq. is adopted to:
	(A)	Regulate commercial lumbering or harvesting of forest products to provide for future production of lumber and forest products;
	(B)	Regulate the alteration of forested areas and spatial patterns to prevent the development of strong wind currents and to maximize the temperature moderation effects of evapotranspiration; and
	(C)	Regulate the alteration of forested areas and spatial patterns to maintain the aesthetic appearance and monetary value of the forested land.
(1997 Code, § 905.01)
§ 91.02  PERMIT.
	(A)	Permit required.  It shall be unlawful for any person, partnership, company, corporation, or association to engage in commercial lumbering or harvesting of forest products or to remove any trees on any forested area within the city without first obtaining a permit from the Council.
	(B)	Application and review.  The applicant shall submit an application together with the required fees to the Planning Commission.  Property owners within 350 feet shall be notified by certified mail 10 days prior to the date the Planning Commission considers the request.  The Planning Commission shall consider the request at its next regularly scheduled meeting, but not earlier than 10 days from the date of submission.  The petitioner or petitioner's representative shall appear before the Planning Commission in order to answer questions concerning the proposed permit.  The Planning Commission shall make its recommendation to the Council within 60 days after the submission of the application.  The Council must take action on the application within 60 days of receiving the recommendation of the Planning Commission.  If it grants the permit, the Council may impose conditions it considers necessary to protect the health, safety, morals, or general welfare of the city and to ensure the use is in harmony with the general purpose of the intent of §§ 91.01 et seq. and the Comprehensive Plan.  No application for a permit shall be re-submitted within 6 months from the date of the denial.
	(C)	Exclusions.  This section shall not apply to any parcel of land 2 acres in size or less nor does it apply to the removal of diseased trees.
	(D)	Permit duration.  The permit shall be valid for 1 year unless terminated by the Council for failure to comply with the provision of §§ 91.01 et seq.
	(E)	Fee.  The fee for the permit shall be the fee for certain occupations as set by resolution of the Council.
(1997 Code, § 905.03)  Penalty, see § 10.99
§ 91.03  APPLICATION; COMMERCIAL LUMBERING OR HARVESTING.
	The application for a permit for commercial lumbering or harvesting of forest products shall contain:
	(A)	The name and address of the operator and owner of the land;
	(B)	The legal description of the land involved;
	(C)	Names of neighboring landowners within 350 feet;
	(D)	The plan of operation, approved by the forestry extension service of the University of Minnesota;
	(E)	The plan of reforestation, approved by the forestry extension service of the University of Minnesota; and
	(F)	A bond sufficient to cover the costs of reforestation required by §§ 91.01 et seq.
(1997 Code, § 905.04)
§ 91.04  APPLICATION; REMOVAL OF TREES FROM ANY FORESTED AREA.
	The application for a permit for the removal of trees from any forested area shall contain:
	(A)	The name and address of the operator and owner of the land;
	(B)	The legal description of the land involved;
	(C)	Names of neighboring landowners within 350 feet; and
	(D)	The plan of reforestation.
(1997 Code, § 905.05)
§ 91.05  REFORESTATION, RURAL LAND.
	Reforestation of rural land shall be in accordance to the plan approved by the extension forestry service of the University of Minnesota.
(1997 Code, § 905.06)  Penalty, see § 10.99
§ 91.06  REFORESTATION OF LAND, SUBDIVIDED.
	(A)	A subdivision planting plan shall be submitted.
	(B)	The plan shall be in accordance with the provisions in Chapter 153.
(1997 Code, § 905.07)  Penalty, see § 10.99
TREE DISEASES
§ 91.20  DECLARATION OF POLICY.
	The Council determines that the health of the elm and oak trees within the municipal limits is threatened by fatal diseases known as Dutch elm and oak wilt diseases, and other trees may be threatened by other epidemic diseases of shade trees.  It further determines that the loss of elm, oak, and other 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 conveniences of the public.  It is declared to be the intention of the Council to control and prevent the spread of those diseases and §§ 91.20 et seq. is enacted for that purpose.
(1997 Code, § 910.01)
§ 91.21  FORESTER POSITION CREATED.
	The powers and duties of the City Forester as set forth in this section are conferred upon the persons or employees whom the Council shall deem appropriate.
(1997 Code, § 910.02)
§ 91.22  DUTIES OF FORESTER.
	(A)	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, oak wilt, or similar plant pests or plant diseases.
	(B)	The Forester shall recommend to the Council the details of a program for the control of Dutch elm disease, oak wilt, or similar plant pests or plant diseases, and perform the duties incident to the program adopted by the Council.
(1997 Code, § 910.03)
§ 91.23  NUISANCE DECLARED.
	(A)	Nuisance Defined.  The following are public nuisances wherever they may be found within the city:
		(1)	Any living or standing elm tree or part of the elm tree infected to any degree with Dutch elm disease fungus Ceretocystis Uhni (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus Multistriatus (Eichh.), or Hylugopinus Rufites (Marsh);
		(2)	Any dead elm tree or part of the tree, including branches, stumps, firewood, or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide;
		(3)	Any living or standing oak tree or part of an oak tree infected to any degree with the oak wilt fungus, Endoconidiothora Faga-ceaarum; and/or
		(4)	Any dead oak tree or part which, in the opinion of the Forester, constitutes a hazard, including, but not limited to, logs, branches, stumps, roots, firewood, or other oak material, which has not been stripped of its bark and burned or sprayed with an effective fungicide.
	(B)	Abatement.  It is unlawful for any person to permit any public nuisance as defined in division (A) above to remain on any premises owned or controlled by that person within the city.  The nuisance may be abated in the manner prescribed by §§ 91.20 et seq.
(1997 Code, § 910.04)  Penalty, see § 10.99
§ 91.24  INSPECTION AND INVESTIGATION.
	(A)	Inspection.  As often as practicable, the Forester shall inspect all public and private premises within the city which might harbor any plant pest as defined in M.S. § 18.46, Subd. 13, as it may be amended from time to time, to determine whether any condition described in § 91.23 exists.  The Forester shall investigate all reported incidents of infestation by Dutch Elm fungus, elm bark beetles, oak wilt fungus, or any other epidemic disease of shade trees.
	(B)	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 the Forester under §§ 91.20 et seq.
	(C)	Diagnosis.  The Forester shall, upon finding conditions indicating Dutch elm infestation or oak wilt, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take the other steps for diagnosis as may be recommended by the Commissioner.  Except as provided in § 91.26, no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made.
(1997 Code, § 910.05)  Penalty, see § 10.99
§ 91.25  ABATEMENT OF DUTCH ELM DISEASE AND OAK WILT NUISANCES.
	In abating the nuisances defined in § 91.23, 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 epidemic diseases including Dutch elm disease or oak wilt disease.  The Forester shall also take steps that are necessary to prevent root graft transmission of the diseases.  The abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture.
(1997 Code, § 910.06)
§ 91.26  ACTION BY FORESTER.
	(A)	Whenever the Forester finds with reasonable certainty that the infestation defined in § 91.23 exists in any tree or wood in any public or private place in the city, the Forester shall in writing notify the owner of the existence of a nuisance, which notice shall state that the owner has 60 days to abate the nuisance and avoid city action. A copy of the notice shall be transmitted to the City Clerk for the information of the Council.  If within the 60-day period the property owner has not abated the nuisance, the Forester shall report all the facts surrounding the unabated nuisance to the Council.
	(B)	(1)	Abatement.  Upon receipt of the Forester's report required by this section, the Council shall, by resolution, order the nuisance abated.  Before action is taken on the resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance.  This notice shall be mailed to affected property owners and published once no less than 1 week prior to the 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 the hearing or adjournment of the hearing, the Council shall hear property owners with reference to the scope and desirability of the proposed project.  The Council shall then adopt a resolution confirming the original resolution with modifications as it considers desirable and provide for the doing of the work by day labor or by contract.
		(2)	Records.  The Forester shall keep a record of the costs of abatements done under §§ 91.20 et seq. and shall report monthly to the Administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved, and the amount chargeable to each.
		(3)	Assessment.  On or before September 1 of each year, the Administrator 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 of the charges against the property involved as a special assessment under M.S. § 429.101, as it may be amended from time to time, and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.
(1997 Code, § 910.07)
§ 91.27  SPRAYING ELM OR OAK TREES.
	(A)	Treatment of nearby trees.  Whenever the Forester determines that any elm or oak tree or elm or oak wood within the city is infected with Dutch elm fungus or oak wilt fungus, the Forester may spray all nearby high value elm or oak trees with an effective elm bark beetle destroying concentrate or other appropriate substance suitable for destroying or controlling Dutch elm disease fungus or oak wilt fungus.  Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans for the Commissioner of Agriculture and under the supervision of the Commissioner and Commissioner's agents whenever possible.
	(B)	Notice.  The notice provisions hereof apply to spraying operations conducted under this section.
(1997 Code, § 910.08)
§ 91.28  TRANSPORTING ELM WOOD PROHIBITED.
	It is unlawful for any person to transport within the city any barkbearing elm wood without having obtained a permit from the Forester.  The Forester shall grant the permits only when the purposes of §§ 91.20 et seq. will be served.
(1997 Code, § 910.09)  Penalty, see § 10.99
§ 91.29  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 §§ 91.20 et seq.
(1997 Code, § 910.10)  Penalty, see § 10.99
CHAPTER 92:  ABANDONED PROPERTY
Section
	92.01	Abandoned motor vehicles
	92.02	Other abandoned property
§ 92.01  ABANDONED MOTOR VEHICLES.
	(A)	Impoundment and sale.  The Washington County Sheriffs Department shall take into custody and impound any abandoned motor vehicle as defined by M.S. § 168B.011, Subd. 2, as it may be amended from time to time.  It shall give notice of the taking as provided by law and, if the owner or any lien holder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at public auction or sale following 2 weeks published notice.
	(B)	Summary action in certain cases.  When an abandoned motor vehicle is more than 7 model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale under division (A) above and shall not be subject to the notification, reclamation, or title provisions of M.S. §§ 168B.01 to 168.101, as they may be amended from time to time.
	(C)	Disposition of proceeds.  The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the city.  If the former owner or entitled lien holder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling.
(1997 Code, § 110.01)
§ 92.02  OTHER ABANDONED PROPERTY.
	(A)	Procedure.  All other property lawfully coming into the possession of the city shall be disposed of as provided in this section.
	(B)	Storage.  The department of the city acquiring possession of the property shall arrange for its storage.  If city facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities.
	(C)	Claim by owner.  The owner may claim the property be exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it.  A receipt for the property shall be obtained upon release to the owner.
	(D)	Sale.  If the property remains unclaimed in the possession of the city for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the Washington County Sheriffs Department after 2 weeks published notice setting forth the time and place of the sale and the property to be sold.
	(E)	Disposition of proceeds.  The proceeds of the sale shall be placed in the general fund of the city.  If the former owner makes application and furnishes satisfactory proof of ownership within 6 months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale.
(1997 Code, § 110.02)
CHAPTER 93:  STREETS AND SIDEWALKS
Section
Streets
	93.01	Application
	93.02	Permit required for work on public property
Driveways
	93.20	Purpose
	93.21	Permit requirements
	93.22	Application
	93.23	Permit fees
	93.24	Permit revocation
	93.25	General requirements
	93.26	Driveway standards
	93.27	Parking areas
Boulevards
	93.40	Definition
	93.41	Maintenance responsibility
STREETS
§ 93.01  APPLICATION.
	All streets hereafter constructed within the city shall meet the specifications set forth in Chapter 153.
(1997 Code, § 1400.01)  Penalty, see § 10.99
§ 93.02  PERMIT REQUIRED FOR WORK ON PUBLIC PROPERTY.
	No person, other than the city or its employees, shall do any work of any kind whatsoever in any public right-of-way or any other public property within the city, without first having obtained a permit for the work from the properly designated city employee, after the application for the work has been approved by the City Engineer.  The term "work" includes, but is not limited to, any improvement, construction, or alteration of sidewalks, curb or gutter, driveways, tree planting, boulevards, and drainage facilities.
(1997 Code, § 1400.02)  Penalty, see § 10.99
DRIVEWAYS
§ 93.20  PURPOSE.
	The purpose of §§ 93.20 et seq. is to control the location of driveways and curb cuts in order that traffic hazards be reduced, adequate street drainage be maintained, and that ingress and egress from properties shall not constitute a hazard or impair the health, safety, or general welfare of the residents of the city.
(1997 Code, § 1405.01) (Am. Ord. 08-096, passed 12-3-2013)
§ 93.21  PERMIT REQUIREMENTS.
	No driveway shall be constructed in any location where motor vehicles will be provided with access to any public right-of-way without first obtaining a permit for construction. Prior to the issuance of the permit, the provisions of this subchapter shall be complied with.
(1997 Code, § 1405.02) (Am. Ord. 08-096, passed 12-3-2013)  Penalty, see § 10.99
§ 93.22  APPLICATION.
	Applications for permits shall be made in writing upon printed forms furnished by the city.  Each application for a permit shall have thereon the correct legal description of the property and a drawing of the land showing the location of the proposed driveway with respect to the boundary lines of the property.  The written application shall describe the project along with a site plan that indicates that the requirements of this subchapter are met.
(1997 Code, § 1405.03) (Am. Ord. 08-096, passed 12-3-2013)
§ 93.23  PERMIT FEES.
	The permit fees shall be set in the city’s Fee Schedule by ordinance by the City Council.
(1997 Code, § 1405.04) (Am. Ord. 08-096, passed 12-3-2013)
§ 93.24  PERMIT REVOCATION.
	The permit issued may be revoked by the city at any time after its issuance for failure to comply with the conditions of the permit or the directions of the city relative to the work covered by the permit.
(1997 Code, § 1405.05) (Am. Ord. 08-096, passed 12-3-2013)
§ 93.25  GENERAL REQUIREMENTS.
	(A)	Licensed contractor. All work done within the right-of-way of the street shall be done by a city licensed contractor as specified in Chapter 115 of the City Code.
	(B)	Site plan. Prior to the construction of a driveway, a scaled plan must be submitted which indicates the location and specifications for driveways and curb cuts, the widths and dimensions at the street, property line and building structure, the slope of the driveway, and the location of the curb box as applicable in accordance with §§ 93.20 et seq. The site plan submitted shall be approved prior to the issuance of a permit for a driveway.
(1997 Code, § 1405.06) (Am. Ord. 08-096, passed 12-3-2013)  Penalty, see § 10.99
§ 93.26  DRIVEWAY STANDARDS.
	The following regulations shall apply to all driveways and curb cuts. All driveway work shall be constructed in accordance with the approved site plan.  No deviations or changes shall be made in the field without first obtaining permission from the city.
	(A)	Driveway width. All driveways shall conform to the following requirements:
		(1)	Residential districts.
			(a)	Minimum width. All driveways shall have a minimum width of 12 feet.
			(b)	Maximum width. All driveways shall have a maximum width of 26 feet within the public right-of-way. In the absence of platted right-of-way, the setback at which point the driveway width is measured shall be established by the prescriptive easement as determined by the City Engineer.  Increased driveway width in the public right-of-way up to commercial standard (34 feet) will be considered for active farms or agricultural properties.
			(c)	Curb cut. A curb cut must not exceed the width of the driveway approach at the property line by more than 10 feet.
		(2)	Commercial and mixed-use districts.
			(a)	Minimum width. All driveways shall have a minimum width of 20 feet.
			(b)	Maximum width. All driveways shall have a maximum width of 34 feet at the point it intersects the right-of-way line.
			(c)	Curb cut. A curb cut must not exceed the width of the driveway approach at the property line by more than 10 feet.
	(B)	Vertical clearance. There must be 14 feet of vertical clearance above all driveways. 
	(C)	Number of curb cuts. In residential districts, each property shall be limited to 1 curb cut per dwelling unit. Exceptions may be allowed when neither access is onto a major street, and when the lot exceeds 150 feet in width or is a corner lot. All requests for a second curb cut shall be reviewed by the City Engineer.
	(D)	Distance between driveways. The minimum distance between curbs of driveways at right-of-way line shall be 10 feet in any residential district. Lots that have been developed with zero lot line setbacks may be exempt from this provision. In all other districts, the minimum distance shall be 20 feet.
	(E)	Distance from intersection. No driveway or curb cut shall be less than 20 feet from any right-of-way line of any street intersection, except that in high density residential, commercial and mixed-use zoning districts, the minimum distance shall be 50 feet.
	(F)	Driveway angle. All driveways shall connect to the public street at 90 degree angles, or must be approved by the City Engineer.  Exceptions must demonstrate an inability to meet the 90 degree angle due to extenuating circumstances. 
	(G)	Driveway grade. Driveways exceeding a grade of 10% must be approved by the City Engineer. Exceptions must demonstrate an inability to meet the 10% maximum grade due to extenuating circumstances.
	(H)	Driveway materials.
		(1)	Urban districts. All driveways shall be constructed of hot mix bituminous asphalt, concrete or a durable material approved by the City Engineer.
		(2)	Rural districts. Driveways may be constructed of crushed rock or equivalent crushed material provided that the portion of the driveway within the road right-of-way shall be constructed of hot mix bituminous asphalt, concrete or a durable material approved by the City Engineer when the driveway is accessing an improved street.
	(I)	Curb box, residential districts. Curb boxes located within driveway shall be protected with an A1 Ford Lid or approved equal. 
	(J)	Control of traffic.
		(1)	 Where other alternatives exist, commercial sites should not be accessed from local residential streets. 
		(2)	Traffic shall be controlled to ensure that the location of driveways shall not constitute a hazard nor be injurious to adjacent residential uses.
	(K)	Access to major streets (thoroughfares). On properties having frontage on both thoroughfares and minor roads, access shall be provided via the minor road unless otherwise approved by the City Engineer. Access may be restricted on any non-residential local road.  The number and types of access drives onto major streets may be controlled and limited in the interests of public safety and efficient traffic flow. 
	(L)	State and county highway requirements. Driveways constructed to access any street designated as a state or county highway shall meet all additional specifications of the appropriate jurisdiction. Access drives onto state and county roads shall require a review by the road authority and the City Engineer.  The state, county and City Engineer shall determine the appropriate location, size and design of such access drives and may limit the number of access drives in the interest of public safety and efficient traffic flow.
	(M)	Distance from driveways to side lot line. A driveway must be at least 5 feet from any side lot line.
	(N)	Emergency vehicle access. Driveways to principal structures that traverse wooded, steep or open field areas shall be constructed and maintained to a width and base material depth sufficient to support access by emergency vehicles.
(1997 Code, § 1405.07) (Am. Ord. 97-18, passed 9-16-1997; Am. Ord. 08-096, passed 12-3-2013; Am. Ord. 08-099, passed 2-5-2014; Am. Ord. 08-109, passed 5-20-2014)  Penalty, see § 10.99
§ 93.27  PARKING AREAS.
	The parking restrictions applicable to driveways are stated in the zoning code and §§ 150.001 et seq.
(1997 Code, § 1405.08) (Am. Ord. 08-096, passed 12-3-2013)
BOULEVARDS
§ 93.40  DEFINITION.
	For the purpose of §§ 93.40 et seq., definitions shall be as set out in § 11.01.
§ 93.41  MAINTENANCE RESPONSIBILITY.
	(A)	Keeping property in safe condition.  The owner and the occupant of any property adjacent to a boulevard within the city shall use due diligence to keep the boulevard in a safe condition.  The owner or occupant shall not allow any noxious weeds, rubbish, dead trees or branches, or other debris to remain on the boulevard longer than 12 hours after its deposit on the property.  The owner or occupant shall abate or prevent the nuisance on the property.
	(B)	Requiring compliance to specific sections of this code.  The owners and the occupant of any property adjacent to a boulevard within the city shall use due diligence to abate or prevent the nuisances described in §§ 96.03 and 150.070 et seq.  Failure to control these nuisances shall constitute a violation of this code.
(1997 Code, § 1410.02)  Penalty, see § 10.99
CHAPTER 94:  RIGHT-OF-WAY MANAGEMENT PERMITS
Section
General Provisions
	94.01	Findings and purpose
	94.02	Definitions
	94.03	Administration
	94.04	Franchise; franchise supremacy
	94.05	Reservation of regulatory and police powers
	94.06	Severability; revocable permits
Registration
	94.20	Registration and right-of-way occupancy
	94.21	Registration information
	94.22	Reporting obligations
Permits
	94.35	Right-of-way permit requirement
	94.36	Application for a right-of-way permit
	94.37	Issuance of permit; conditions
	94.38	Right-of-way permit fees
	94.39	Right-of-way patching and restoration
	94.40	Joint applications
	94.41	Supplementary applications
	94.42	Other obligations
	94.43	Denial of permit
Regulations and Procedures
	94.55	Installation requirements
	94.56	Inspection
	94.57	Work done without a permit
	94.58	Supplementary notification
	94.59	Revocation of right-of-way permits
	94.60	Mapping data
	94.61	Location of facilities
	94.62	Relocation of facilities
	94.63	Pre-excavation facility and facilities location
	94.64	Damage to other facilities
	94.65	Right-of-way vacation
	94.66	Indemnification and liability
	94.67	Abandoned and unusable equipment
	94.68	Appeals
GENERAL PROVISIONS
§ 94.01  FINDINGS AND PURPOSE.
	(A)	To provide for the health, safety, and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances.  Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation.
	(B)	Right-of-way obstruction is a source of frustration for merchants, business owners, and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce.  Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions.
	(C)	The city holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens.  The city and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way.  It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good.  Although the services are often necessary or convenient for the citizens, the persons receive revenue and/or profit through their use of public property.
	(D)	The Minnesota Legislature has recognized that it is in the public's interest that the use and regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and substantially uniform manner while recognizing the regulation must reflect distinct engineering, construction, operation, maintenance, and public and worker safety requirements and standards applicable to various users of rights of way.  Further, the legislature has determined that because increasing numbers of persons may seek usage of rights-of-way, municipalities such as the city must be and have been authorized to regulate use of rights-of-way.  Consistent with this mandate, the city has endeavored to model its right-of-way regulations consistent with those of models enacted or under consideration by municipalities throughout the state.  Further, the city has endeavored to create competitively neutral rights-of-way standards and regulations of general applicability.
	(E)	In response to the foregoing facts, the city hereby enacts this chapter relating to right-of-way management.  This chapter imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time.  It is intended to complement the regulatory roles of state and federal agencies.  Under this chapter, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for the integrity of the city's rights-of-way.  Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way.
	(F)	By enactment of this chapter, the City Council hereby exercises its lawful police power and common law authority, and all statutory authority which is available to it, including, but not limited to, the powers conferred on it under M.S. §§ 237.162 and 237.163, as they may be amended from time to time, while preserving all power and authority to further require franchises from rights-of-way users under M.S. §§ 216B.36, 222.37, 300.03, and 412.11, as they may be amended from time to time, and other provisions of law.
(Ord. 9756, passed 6-20-2000)
§ 94.02  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ADMINISTRATOR.  The City Administrator of the City of Lake Elmo, or the Administrator's designee.
	APPLICANT.  Any person requesting permission to excavate or obstruct a right-of-way.
	CITY.  The City of Lake Elmo, Minnesota.  For purposes of § 94.66, CITY means its elected officials, officers, employees, and agents.
	DEGRADATION.  The accelerated depreciation of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct the right-of-way earlier than would be required if the excavation did not occur.
	DEGRADATION COST.  Money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation.
	DELAY PENALTY.  The penalty imposed as a result of unreasonable delays in right-of-way construction.
	DEPARTMENT.  The Department of Public Works of the city.
	DEPARTMENT INSPECTOR.  Any person authorized by the Administrator to carry out inspections related to the provisions of this chapter.
	DISRUPTIVE FEE.  The penalty imposed as a result of the adverse impact on the residents of the city and others who are required to alter travel routes and times resulting from right-of-way obstructions.
	EMERGENCY.  A condition that:
		(1)	Poses a clear and immediate danger to life or health, or of a significant loss of property; or
		(2)	Requires immediate repair or replacement in order to restore service to a customer.
	EQUIPMENT.  Any tangible thing in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb.
	EXCAVATE.  To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches.
	EXCAVATION PERMIT.  The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way.  An excavation permit allows the holder to excavate that part of the right-of-way described in the permit.
	EXCAVATION PERMIT FEE.  Money paid to the city by an applicant to cover the costs as provided in § 94.38.
	FACILITY or FACILITIES.  Any tangible asset in the right-of-way required to provide utility service.
	IN.  When used in conjunction with "right-of-way," means over, above, in, within, on, or under a right-of-way.
	LOCAL REPRESENTATIVE.  A local person or persons, or designee of the person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter.
	MANAGEMENT COST.  The actual cost incurred by the city for public rights-of-way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user equipment during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; and revoking right-of-way permits and performing all other tasks required by this chapter, including other costs the city may incur in managing the provisions of this chapter.  MANAGEMENT COST does not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and costs of litigation relating to the interpretation of Minnesota Session Laws 1997, § 123; M.S. §§ 237.162 or 237.163; as they may be amended from time to time; or any ordinance enacted under those sections, or the city's fees and costs related to appeals taken pursuant to § 94.68.
	OBSTRUCT.  To place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
	OBSTRUCTION PERMIT.  The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein.
	OBSTRUCTION PERMIT FEE.  Money paid to the city by a registrant to cover the costs as provided in § 94.38.
	PATCH or PATCHING.
		(1)	A method of pavement replacement that is temporary in nature.
		(2)	A patch consists of:
			(a)	The compaction of the sub-base and aggregate base; and
			(b)	The replacement, in kind, of the existing pavement for a minimum of 2 feet beyond the edges of the excavation in all directions.
		(3)	A patch is considered full restoration only when the pavement is included in the city's 5-year project plan.
	PERFORMANCE SECURITY.  A performance bond, a restoration bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in both a timely and quality manner.
	PERMITTEE.  Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this chapter.
	PERSON.  Any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, an utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipment in any right-of-way.
	PROBATION.  The status of a person that has not complied with the conditions of this chapter.
	PROBATIONARY PERIOD.  One year from the date that a person has been notified in writing that they have been put on probation.
	REGISTRANT.  Any person who:
		(1)	Has or seeks to have its equipment located in any right-of-way; or
		(2)	In any way occupies or uses, or seeks to occupy or use, the right-of-way or any equipment in the right-of-way.
	REPAIR.  The temporary construction work necessary to make the right-of-way usable for travel.
	RESTORE or RESTORATION.  The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before the commencement of the work.
	RESTORATION COST.  An amount of money paid to the city by a permittee to cover the cost of restoration.
	RIGHT-OF-WAY.  The surface and space above and below a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city.
	RIGHT-OF-WAY PERMIT.  Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter.
	SERVICE or UTILITY SERVICE.  Includes but is not limited to:
		(1)	Those services provided by a public utility as defined in M.S. § 216B.02, Subds. 4 and 6, as it may be amended from time to time;
		(2)	Telecommunications, pipeline, community antenna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services;
		(3)	The services provided by a corporation organized for the purposes set forth in M.S. § 300.03, as it may be amended from time to time;
		(4)	The services provided by a district heating or cooling system;
		(5)	Cable communications systems as defined in M.S. Ch. 238; and
		(6)	A telecommunication right-of-way user.
	SUPPLEMENTARY APPLICATION.  An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.
	TELECOMMUNICATION RIGHTS-OF-WAY USER.  A person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information.  For purposes of this chapter, a cable communication system defined and regulated under M.S. Ch. 238, as it may be amended from time to time, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users.
	UNUSABLE EQUIPMENT.  Equipment in the right-of-way which has remained unused for 1 year and for which the registrant is unable to provide proof that it has either a plan to begin using it within the next 12 months or a potential purchaser or user of the equipment.
(Ord. 9756, passed 6-20-2000)
§ 94.03  ADMINISTRATION.
	The Administrator is the principal city official responsible for the administration of the right-of-way permits, and the regulations related thereto.  The Administrator may delegate any or all of the duties hereunder.
(Ord. 9756, passed 6-20-2000)
§ 94.04  FRANCHISE; FRANCHISE SUPREMACY.
	The city may, in addition, to the requirements of this chapter, require that any person, which has or seeks to have equipment located in any right-of-way, obtain a franchise for the full extent permitted by law, now or hereinafter enacted.  The terms of any franchise which are in direct conflict with any provision of this chapter, whether granted prior or subsequent to enactment of this chapter, shall control and supersede the conflicting terms of this chapter, provided, however, that requirements relating to insurance, bonds, penalties, security funds, letters of credit, indemnification, or any other security in favor of the city may be cumulative in the sole determination of the city or unless otherwise negotiated by the city and the franchise grantee.  All other terms of this chapter shall be fully applicable to all persons, whether franchised or not.
(Ord. 9756, passed 6-20-2000)
§ 94.05  RESERVATION OF REGULATORY AND POLICE POWERS.
	A permittee's or registrant's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.
(Ord. 9756, passed 6-20-2000)
§ 94.06  SEVERABILITY; REVOCABLE PERMITS.
	If any subchapter, section, division, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, the portion shall be deemed a separate, distinct, and independent provision and the holding shall not affect the validity of the remaining portions thereof.  If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right, or registration issued under this chapter or any portions of this chapter is illegal or unenforceable, then the permit, right, or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving 60-days written notice to the other.  The requirements and conditions of the revocable permit shall be the same requirements and conditions as set forth in the permit, right, or registration, respectively, except for conditions relating to the term of the permit and the right of termination.  If a permit, right, or registration shall be considered a revocable permit as provided herein, the permittee must acknowledge the authority of the City Council to issue the revocable permit and the power to revoke it.  Nothing in this chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein.
(Ord. 9756, passed 6-20-2000)
REGISTRATION
§ 94.20  REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
	(A)	Registration.  Each person who occupies, uses, or seeks to occupy or use, the right-of-way or any equipment in the right-of-way, including by lease, sublease, or assignment, or who has, or seeks to have, equipment in any right-of-way must register with the Administrator.  Registration will consist of providing application information and paying a registration fee.
	(B)	Registration prior to work.  No person may construct, install, repair, remove, relocate, or perform any other work on or use any equipment or any part thereof in any right-of-way without first being registered with the Administrator.
	(C)	Exceptions.  Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb.  Except as hereinafter provided, persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintain the boulevard plantings or gardens under this chapter.  However, excavations deeper than 12 inches are subject to the permit requirements of § 94.35.  Nothing herein relieves a person from complying with the provisions of M.S. § 216D, as it may be amended from time to time, "1 call" law.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.21  REGISTRATION INFORMATION.
	(A)	Information required.  The information provided to the Administrator at the time of registration shall include, but not be limited to:
		(1)	Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers;
		(2)	The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative.  The local representative or designee shall be available at all times.  Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;
		(3)	A certificate of insurance shall be on a form approved by the city:
			(a)	Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or that registrant is covered by self insurance which the Administrator determines to provide the city with protections equivalent to that of a Minnesota licensed insurance company, legally independent from the registrant;
			(b)	Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees, and permittees, and placement and use of equipment in the right-of-way by the registrant, its officers, agents, employees, and permittees, and that registrant's insurance coverage includes, but is not limited to, protection against liability arising from completed operations, damage of underground equipment, and collapse of property;
			(c)	Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all the coverages;
			(d)	Requiring that the Administrator be notified 30 days in advance of cancellation of the policy; and
			(e)	Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Administrator in amounts sufficient to protect the city and carry out the purposes and policies of this chapter.
		(4)	The city may require a copy of the actual insurance policies;
		(5)	If the person is a corporation, a copy of the certificate required to be filed under M.S. § 300.06 as recorded and certified to by the Secretary of State;
		(6)	A copy of the person's certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency; and
		(7)	The other information as the city may require.
	(B)	Notice of changes.  The registrant shall keep all of the information listed above current at all times by providing to the Administrator information as to changes within 15 days following the date on which the registrant has knowledge of any change.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.22  REPORTING OBLIGATIONS.
	(A)	Operations.  Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan with the Administrator.
		(1)	The plan shall be submitted by using a format designated by the Administrator and shall contain the information determined by the Administrator to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way.
		(2)	The plan shall include, but not be limited to, the following information:
			(a)	The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (a "next-year project"); and
			(b)	The tentative locations and estimated beginning and ending dates for all projects contemplated for the 5 years following the next calendar year (a "5-year project").
		(3)	The term "project" in this chapter shall include both next-year projects and 5-year projects.
		(4)	By January 1 of each year, the Administrator will have available for inspection in the Administrator's office a composite list of all projects of which the Administrator has been informed in the annual plans.  All registrants are responsible for keeping themselves informed of the current status of this list.
		(5)	Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the Administrator and all other registrants of all the changes in the list.  Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant.
	(B)	Additional next-year projects.  Notwithstanding the foregoing, the Administrator will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
PERMITS
§ 94.35  RIGHT-OF-WAY PERMIT REQUIREMENT.
	(A)	Right-of-way permit required.  Except as otherwise provided in the city's regulations, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the City Administrator and posting of the appropriate performance security with the City Administrator.
		(1)	Excavation permit.  An excavation permit is required by a registrant to excavate that part of the right-of-way described in the permit and to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein, to the extent and for the durations specified therein.
		(2)	Obstruction permit.  An obstruction permit is required by registrant to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein on the right-of-way, to the extent and for the durations specified therein.
	(B)	Right-of-way permit extensions.  No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new right-of-way permit, or right-of-way permit extension, is granted.
	(C)	Delay penalty.  Notwithstanding the provisions of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration.  The delay penalty shall be established from time to time by City Council resolution.
	(D)	Right-of-way permit display.  Right-of-way permits issued under this chapter shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by the Administrator.
	(E)	Performance security.  Performance security shall be in an amount determined in the city's sole discretion, sufficient to serve as security for the full and complete performance of permittee's obligation under this chapter, including any costs, expenses, damages, or loss the city pays or incurs because of any failure to comply with this chapter or any other applicable law, regulation, or standard.  During the period of construction, repair, or restoration of rights-of-way or equipment within the rights-of-way, the performance security shall be in an amount sufficient to cover 125% of the estimated cost of the work, as documented by the person proposing to perform the work, or in a lesser amount as may be determined by the Administrator, taking into account the amount of equipment in the right-of-way, the location and method of installation of the equipment, the conflict or interference of the equipment with the equipment of other persons, and the purposes and policies of this chapter.  Sixty days after completion of the work, the performance security may be reduced in the sole determination of the city.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.36  APPLICATION FOR A RIGHT-OF-WAY PERMIT.
	(A)	Applications for a right-of-way permit is made to the Administrator.
	(B)	Right-of-way permit applications shall contain and will be considered complete only upon compliance with the requirements of the following provisions:
		(1)	Registration with the Administrator pursuant to this chapter;
		(2)	Submissions of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed equipment;
		(3)	Payment of all money due to the city for:
			(a)	Permit fees, estimated restoration costs, and other management costs;
			(b)	Prior obstructions or excavations;
			(c)	Any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; and/or
			(d)	Franchise fees, if applicable.
		(4)	Payment of disputed amounts due the city by posting performance security or depositing in a city-approved escrow account an amount equal to at least 110% of the amount owing; and
		(5)	When an excavation permit is requested for purposes of installing additional equipment, and the posting of a restoration bond for the additional equipment is insufficient, the posting of an additional or larger restoration bond for the additional equipment may be required.
		(6)	A Storm Water Management Plan and/or an Erosion and Sediment Control Plan if applicable as specified in § 150.283.
(Ord. 9756, passed 6-20-2000; Am. Ord. 08-024, passed 4-20-2010)
§ 94.37  ISSUANCE OF PERMIT; CONDITIONS.
	(A)	Permit issuance.  If the Administrator determines that the applicant has satisfied the requirements of this chapter, the Administrator may issue a permit.
	(B)	Conditions.  The Administrator may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety, and welfare to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public.
(Ord. 9756, passed 6-20-2000)
§ 94.38  RIGHT-OF-WAY PERMIT FEES.
	(A)	Excavation permit fee.  The excavation permit fee shall be established by the Administrator in an amount sufficient to recover the following costs:
		(1)	The city management costs; and
		(2)	Degradation cost, if applicable.
	(B)	Obstruction permit fee. The obstruction permit fee shall be established by the Administrator and shall be in an amount sufficient to recover the city management costs.
	(C)	Payment of permit fees.  No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees.  The city may allow applicant to pay the fees within 30 days of billing.
	(D)	Non-refundable.  Permit fees that were paid for a permit that the Administrator has revoked for a breach as stated in § 94.59 are not refundable.
(Ord. 9756, passed 6-20-2000)
§ 94.39  RIGHT-OF-WAY PATCHING AND RESTORATION.
	(A)	Timing.
		(1)	The work to be done under the excavation permit, and the patching and/or restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under § 94.42.
		(2)	In addition to repairing its own work, the permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for 36 months thereafter.
	(B)	Patch and restoration.  Permittee shall patch its own work.  The city may choose either to have the permittee restore the right-of-way or the city shall restore the right-of-way itself.
		(1)	City restoration.  If the city restores the right-of-way, permittee shall pay the costs thereof within 30 days of billing.  If, during the 36 months following the restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within 30 days of billing, the cost of repairing the pavement.
		(2)	Permittee restoration.  If the permittee restores the right-of-way, it shall at the time of application for an excavation permit, post a performance security in an amount determined by the Administrator to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition.  If, 36 months after completion of the restoration of the right-of-way, the Administrator determines that the right-of-way has been properly restored, the surety on the performance security shall be released.
	(C)	Standards.  The permittee shall perform repairs and restoration according to the standards and with the materials specified by the Administrator.  The Administrator shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis.  The Administrator in exercising this authority shall be guided by the following standards and considerations:
		(1)	The number, size, depth, and duration of the excavations, disruptions, or damage to the right-of-way;
		(2)	The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way;
		(3)	The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation;
		(4)	Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance, or damage to the right-of-way; and
		(5)	The likelihood that the particular method or restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place.
	(D)	Guarantees.  By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for 36 months following its completion.  During this 36-month period, it shall, upon notification from the Administrator, correct all restoration work to the extent necessary, using the method required by the Administrator.  The work shall be completed within 5 calendar days of the receipt of the notice from the Administrator, not including days during which work cannot be done because of the circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under § 94.42.
	(E)	Failure to restore.  If the permittee fails to restore the right-of-way in the manner and to the condition required by the Administrator, or fails to satisfactorily and timely complete all restoration required by the Administrator, the Administrator at its option may do the work.  In that event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way.  If permittee fails to pay as required, the city may exercise its rights under the restoration bond.
	(F)	Degradation fee in lieu of restoration.  In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee.  However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the costs to accomplish these responsibilities.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.40  JOINT APPLICATIONS.
	(A)	Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same time and place.
	(B)	With city projects.  Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by 2 or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee.
	(C)	Shared fees.  Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee.  Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications.
(Ord. 9756, passed 6-20-2000)
§ 94.41  SUPPLEMENTARY APPLICATIONS.
	(A)	Limitation on area.  A right-of-way permit is valid only for the area of the right-of-way specified in the permit.  No permittee may do any work outside the area specified in the permit, except as provided herein.  Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension.
	(B)	Limitation on dates.  A right-of-way permit is valid only for the dates specified in the permit.  No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date.  If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit.  This supplementary application must be done before the permit end date.
(Ord. 9756, passed 6-20-2000)
§ 94.42  OTHER OBLIGATIONS.
	(A)	Compliance with other laws.  Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other city, county, state, or federal rules, laws, or regulations.  A permittee shall comply with all requirements of local, state, and federal laws, including M.S. § 216D.01-09, as it may be amended from time to time ("1 Call Excavation Notice System").  A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work.
	(B)	Prohibited work.  Except in an emergency, and with the approval of the Administrator, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for the work.
	(C)	Interference with right-of-way.
		(1)	A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with.
		(2)	Private vehicles may not be parked within or next to a permit area.
		(3)	The loading or unloading of trucks next to a permit area is prohibited unless specifically authorized by the permit.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.43  DENIAL OF PERMIT.
	The Administrator may deny a permit for failure to meet the requirements and conditions of this chapter, or if the Administrator determines that the denial is necessary to protect the health, safety, and welfare of the public, or if necessary to protect the right-of-way and its current use.
(Ord. 9756, passed 6-20-2000)
REGULATIONS AND PROCEDURES
§ 94.55  INSTALLATION REQUIREMENTS.
	The excavation, backfilling, patching, and restoration, and all other work performed in the right-of-way, shall be done in conformance with engineering standards adopted by the P.U.C. or other applicable local requirements, insofar as they are not inconsistent with P.U.C. rules.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.56  INSPECTION.
	(A)	Notice of completion.  When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with P.U.C. rules.
	(B)	Site inspection.  Permittee shall make the work-site available to the Administrator and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
	(C)	Authority of Administrator.
		(1)	At the time of inspection, the Administrator may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public.
		(2)	The Administrator may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes.  The Order shall state that failure to correct the violation will be cause for revocation of the permit.  Within 10 days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected.  If the proof has not been presented within the required time, the Director may revoke the permit pursuant to § 94.59.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.57  WORK DONE WITHOUT A PERMIT.
	(A)	Emergency situations.
		(1)	Each registrant shall immediately notify the Administrator of any event regarding its equipment which it considers to be an emergency.  The registrant may proceed to take whatever actions are necessary to respond to the emergency.  Within 2 business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.
		(2)	(a)	If the Administrator becomes aware of an emergency regarding a registrant's equipment, the Administrator may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency.
			(b)	In any event, the Administrator may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose equipment occasioned the emergency.
	(B)	Non-emergency situations.  Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, pay double the normal fee for the permit, pay double all the other fees required by the Legislative Code, deposit with the Administrator the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.58  SUPPLEMENTARY NOTIFICATION.
	If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the Administrator of the accurate information as soon as this information is known.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.59  REVOCATION OF RIGHT-OF-WAY PERMITS.
	(A)	Substantial breach.  The city reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any condition of the permit.  A substantial breach by permittee shall include, but shall not be limited to, the following:
		(1)	The violation of any material provision of the right-of-way permit;
		(2)	An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;
		(3)	Any material misrepresentation of fact in the application for a right-of-way permit;
		(4)	The failure to maintain the required bonds and/or insurance;
		(5)	The failure to complete the work in a timely manner; or
		(6)	The failure to correct a condition indicated on an order issued pursuant to § 94.56.
	(B)	Written notice of breach.  If the Administrator determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the permit, the Administrator shall make a written demand upon the permittee to remedy the violation.  The demand shall state that continued violations may be cause for revocation of the permit.  Further, a substantial breach, as stated above, will allow the Administrator, at his or her discretion, to place additional or revised conditions on the permit.
	(C)	Response to notice of breach.
		(1)	Within 24 hours of receiving notification of the breach, permittee shall contact the Administrator with a plan, acceptable to the Administrator, for its correction.
		(2)	Permittee's failure to so contact the Administrator, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
		(3)	Further, permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for 1 full year.
	(D)	Cause for probation.  From time to time, the Administrator may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for 1 full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit.
	(E)	Automatic revocation.  If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for 1 full year, except for emergency repairs.
	(F)	Reimbursement of city costs.  If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorney's fees incurred in connection with the revocation.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.60  MAPPING DATA.
	(A)	Information required.  Each year, registrant shall provide mapping information required by the Administrator in accordance with P.U.C. rules.
	(B)	Trade secret information.  At the request of any registrant, any information requested by the Administrator, which qualifies as a "trade secret" under M.S. § 13.37(b), as it may be amended from time to time, shall be treated as trade secret information as detailed therein.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.61  LOCATION OF FACILITIES.
	(A)	Undergrounding.  Unless otherwise permitted by an existing franchise or M.S. § 216B.34, as it may be amended from time to time, or unless existing above-ground facilities are repair or replaced, new construction and the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes.
	(B)	Corridors.
		(1)	The Administrator may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facility that is or, pursuant to current technology, the Administrator expects will someday be located within the right-of-way.  All excavation, obstruction, or other permits issued by the Administrator involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
		(2)	Any registrant whose facility is in the right-of-way in a position at variance with the corridors established by the Administrator shall, no later than at the time of the next reconstruction or excavation of the area where the facility is located, move that facility to its assigned position within the right-of-way, unless this requirement is waived by the Administrator for good cause shown, upon consideration of the factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant.
	(C)	Nuisance.
		(1)	One year after the passage of this chapter, any facility found in a right-of-way that has not been registered shall be deemed to be a nuisance.
		(2)	The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facility and restoring the right-of-way to a useable condition.
	(D)	Limitation of space.  To protect health and safety, the Administrator shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way.  In making the decisions, the Administrator shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 9756, passed 6-20-2000)
§ 94.62  RELOCATION OF FACILITIES.
	(A)	(1)	A registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right-of-way whenever the Administrator requests the removal and relocation, and shall restore the right-of-way to the same condition it was in prior to the removal or relocation.
		(2)	The Administrator may make the request to prevent interference by the company's equipment or facilities with:
			(a)	A present or future city use of the right-of-way;
			(b)	A public improvement undertaken by the city;
			(c)	An economic development project in which the city has an interest or investment;
			(d)	When the public health, safety, and welfare require it; or
			(e)	When necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way.
	(B)	Notwithstanding the foregoing, a person shall not be required to remove or relocate its equipment from any right-of-way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the person therefor.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.63  PRE-EXCAVATION FACILITY AND FACILITIES LOCATION.
	In addition to complying with the requirements of M.S. § 216D.01-09 ("1-Call Excavation Notice System"), as it may be amended from time to time, before the start date of any right-of-way excavation, each registrant who has equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all the equipment.  Any registrant whose equipment is less than 20 inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its equipment and the best procedure for excavation.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.64  DAMAGE TO OTHER FACILITIES.
	(A)	When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's equipment to protect it, the city shall notify the local representative as early as is reasonably possible.  The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing.
	(B)	(1)	Each registrant shall be responsible for the cost of repairing any equipment in the right-of-way which it or its equipment damages.
		(2)	Each registrant shall be responsible for the cost of repairing any damage to the equipment of another registrant caused during the city's response to an emergency occasioned by that registrant's equipment.
(Ord. 9756, passed 6-20-2000)
§ 94.65  RIGHT-OF-WAY VACATION.
	(A)	Reservation of right.  If the city vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant or permittee equipment, the city shall reserve, to and for itself and all registrants having equipment in the vacated right-of-way, the right to install, maintain, and operate any equipment in the vacated right-of-way and to enter upon the right-of-way at any time for the purpose of reconstructing, inspecting, maintaining, or repairing the same.
	(B)	Relocation of facilities.  If the vacation requires the relocation of registrant or permittee facilities; and if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or if the vacation proceedings are initiated by the city, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant or permittee; or if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, the other person or persons must pay the relocation costs.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.66  INDEMNIFICATION AND LIABILITY.
	(A)	By registering with the Administrator, or by accepting a permit under this chapter, a registrant or permittee agree as follows.
	(B)	(1)	Limitation of liability.  By accepting a registration or granting a right-of-way permit, the city does not assume any liability for injuries to persons, damage to property, or loss of service claims by parties other than the registrant, or for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants.
		(2)	Indemnification.
			(a)	A registrant or permittee shall indemnify, keep, and hold the city free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of registrant's or permittee's facilities located in the right-of-way.
			(b)	1.	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 or inspections to ensure permit compliance.
				2.	The city shall not be indemnified if the injury or damage results from the performance of a proper manner of acts which the registrant or permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the city after receiving notice of the registrant's or permittee's determination.
		(3)	Defense.
			(a)	If a suit is brought against the city under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the city in the suit if written notice of the suit is properly given to the registrant or permittee within a period in which the registrant or permittee is not prejudiced by the lack or delay of notice.
			(b)	If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the city.  Consent will not be unreasonably withheld.
			(c)	This part is not as to third-parties, a waiver of any defense, immunity, or damage limitation otherwise available to the city.
			(d)	In defending an action on behalf of the city, the registrant or permittee is entitled to assert in an action every defense, immunity, or damage limitation that the city could assert in its own behalf.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.67  ABANDONED AND UNUSABLE EQUIPMENT.
	(A)	Discontinued operations.  A registrant who has determined to discontinue its operations in the city must either:
		(1)	Provide information satisfactory to the Administrator that the registrant's obligations for its equipment in the right-of-way under this chapter have been lawfully assumed by another registrant; or
		(2)	Submit to the Administrator a proposal and instruments for transferring ownership of its equipment to the city.  If a registrant proceeds under this clause, the city may, at its option:
			(a)	Purchase the equipment;
			(b)	Require the registrant, at its own expense, to remove it; or
			(c)	Require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment.
	(B)	Abandoned equipment.  Equipment of a registrant who fails to comply with § 94.68, and which, for 2 years, remains unused shall be deemed to be abandoned.  Abandoned equipment is deemed to be a nuisance.  The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance taking possession of the equipment and restoring it to a useable condition; or requiring removal of the equipment by the registrant, or the registrant's successor in interest.
	(C)	Removal.  Any registrant who has unusable and abandoned equipment in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the Administrator.
(Ord. 9756, passed 6-20-2000)  Penalty, see § 10.99
§ 94.68  APPEALS.
	(A)	A right-of-way user that:
		(1)	Has been denied registration;
		(2)	Has been denied a permit;
		(3)	Has had a permit revoked; or
		(4)	Believes that the fees imposed are invalid, may have denial, revocation, or fee imposition reviewed, upon written request, by the City Council.  The City Council shall act on a timely written request at its next regularly scheduled meeting.  A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision.
	(B)	Upon affirmation by the City Council of the denial, revocation, or fee imposition, the right-of-way user shall have the rights to have the matter resolved by binding arbitration.  Binding arbitration must be before an arbitrator agreed to by both the City Council and the right-of-way user.  If the parties cannot agree on an arbitrator, the matter must be resolved by a 3-person arbitration panel made up of 1 arbitrator selected by the city, 1 arbitrator selected by the right-of-way user, and 1 selected by the other 2 arbitrators.  The costs and fees of a single arbitrator shall be shared equally by the city and the right-of-way user.  In the event there is a third arbitrator, each party shall pay the expense of its own arbitrator and shall jointly and equally share with the other party the expense of a third arbitrator and of the arbitration.
(Ord. 9756, passed 6-20-2000)
CHAPTER 95:  ANIMALS
Section
General Provisions
	95.001	Purpose and intent
	95.002	State code adopted
	95.003	Construction and application 
	95.004	Definitions
	95.005	Care of domesticated animals
	95.006	Number of dogs and cats limited
	95.007	Rabies shots required
	95.008	Dog licensing required 
	95.009	Offenses involving tags
	95.010	Tags not transferable; refunds
	95.011	Prohibition of kennels; private kennels
	95.012	Prohibition of dogs or cats running at large
	95.013	Unreasonable disturbance prohibited
	95.014	Dogs or cats which are public nuisances
	95.015	Interference with enforcement
	95.016	Investigation
	95.017	Quarantine
	95.018	Muzzling proclamation
	95.019	Required removal of animal excreta 
	95.020	Animals on owners property
	95.021	Animal control officer
	95.022	Animal control agency
	95.023	Impounding of dogs or cats
	95.024	Impoundment charges
	95.025	Disposition of unclaimed dogs or cats
	95.026	Proceedings for destruction of certain dogs
	95.027	Prohibition of unsecured female dogs or cats in heat
	95.028	Liability
Dangerous and Potentially Dangerous Dogs
	95.040	Dangerous dogs; reporting and notification
	95.041	Dangerous dogs; registration requirement
	95.042	Dangerous dogs; containment requirements
	95.043	Potentially dangerous dogs; reporting and notification 
	95.044	Potentially dangerous dogs; containment requirements
	95.045	Confiscation
	95.046	Exceptions
Horses
	95.060	Horses; requirements
Dangerous Animals
	95.075	Keeping of animals
	95.076	Other animals
	95.077	Dangerous animals prohibited
	95.078	Exceptions
Livestock
	95.090	Livestock
Keeping of Chickens
	95.105	Definitions
	95.106	Purpose
	95.107	Investigation and enforcement
	95.108	Keeping of chickens 
	95.109	Permit required; term, consent, fee
	95.110	Application
	95.111	Permit conditions
	95.112	Violations
	95.113	Issuance, revocation
Keeping of Bees
	95.125	Definitions
	95.126	Purpose
	95.127	Standards of practice
	95.128	Colony density
	95.129	Permit required

	95.999	Penalty
GENERAL PROVISIONS
§ 95.001  PURPOSE AND INTENT.
	The purpose of this chapter is to promote health, safety and general welfare of animals and the people around them by requiring animals be cared for in such a manner that they will not become a public nuisance, requiring animals be properly fed, sheltered and cared for, requiring the removal of animal defecation from public property and to ensure licensing of dogs and rabies vaccination of all dogs and cats within the City of Lake Elmo.
(Ord. 08-088, passed 10-15-2013)
§ 95.002  STATE CODE ADOPTED.
	All of the relevant provisions of Minnesota Statutes Chapter 343, as amended, are hereby incorporated by reference into this chapter with the same force and effect as if fully set forth in this chapter.
(Ord. 08-088, passed 10-15-2013)
§ 95.003  CONSTRUCTION AND APPLICATION.
	This chapter shall not be interpreted as covering any law regulating the trapping of animals, the use of live animals in dog trials or in training of hunting dogs, or the slaughter of animals by persons acting under state and federal law, or taking of animals through hunting or fishing as permitted by law.
(Ord. 08-088, passed 10-15-2013)
§ 95.004  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ADULT DOG.  A dog over 4 months of age.
	ANIMAL.  Any live vertebrate or invertebrate creature either domestic or wild, except a human being.
	ANIMAL, DANGEROUS.  Any animal that is declared to be dangerous by the animal control officer after a temperament test has been conducted on the animal or as defined by § 11.01 of this code.
	ANIMAL CONTROL OFFICER.  Any person designated by the city to enforce state statutes, adopted by reference, and local ordinances as they pertain to animal control.
	ANIMAL SHELTER, PUBLIC.  A facility operated by a humane society, or a governmental agency or its authorized agents for the purpose of impounding or caring for animals.
	ANIMAL, WILD OR EXOTIC.  Apes, coyotes, foxes, wolves, bears, cougars, lynx, bobcats, wild boars, cheetahs, jaguars, lions, tigers, leopards, panthers, ocelots, monkeys, elephants or other similar animals as determined by the humane officer.
	AT LARGE.  To be off the premises of the owner and not under the control of some person, either by leash or otherwise, but a dog or cat within an automobile of its owner or in an automobile of any other person with the consent of the dog’s or cat’s owner, shall be deemed to be upon the owner’s premises.
	CAT.  A domesticated animal of the feline type (Felis domesticus), except for a feral cat.
	CAT, ALTERED.  A cat which has been certified in writing by a veterinarian as being nonreproductive.
	CAT, FERAL.  A cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. A FERAL CAT is unsocialized to people.
	CIRCUS.  A commercial variety show featuring animal acts for public entertainment.
	COMMERCIAL ANIMAL ESTABLISHMENT.  Any pet shop, grooming shop or boarding kennel and shall exclude any city pound, humane society, animal shelter or veterinary facility.
	CRUEL.  Causing unnecessary and excessive pain or suffering or unjustifiable pain, injury or death to an animal.
	DOG.  A domesticated animal of the canine type (Canis familiaris); young animals (puppies) of this type are considered dogs.  It shall not include any animal which is in whole or in part of the canis lupus or wolf species.
	DOG, ALTERED.  A dog which has been certified in writing by a veterinarian as being nonreproductive.
	DOG, SERVICE.  Any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.
	DOG, UNLICENSED.  A dog for which a required license fee has not been paid, or to which the license tag required by this chapter is not attached.
	FOSTER PARENT, ANIMAL.  A person who provides temporary care for kittens, puppies, cats and dogs in their homes for 6 months or less at a time. Animals which are in temporary foster care are not required to be licensed.
	GROOMING SHOP.  A commercial establishment where animals are bathed, clipped or otherwise groomed.
	KENNEL.  A facility where dogs, cats or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation. This does not include animal shelters or a facility owned or operated by a veterinarian where animals are boarded only in conjunction with the provision of veterinary care.
	OWNER.  Any individual, partnership or corporation that has the right of property in an animal or who keeps, harbors, cares for or acts as its custodian or who knowingly permits an animal to remain on or about or return to his/her property/premises for 5 or more consecutive days is presumed to be harboring or keeping the animal within the meaning of this chapter.
	PERMANENT ANIMAL EXHIBITION.  Any spectacle, display, act or event other than circuses, in which animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are perpetual in nature and in a stationary location.
	PERSON.  Includes all natural persons and any firm, sole proprietorship, limited liability corporation (LLC), partnership, corporation, trust and any association of persons, government agency or political subdivision.
	PET.  An animal kept for pleasure rather than utility, which may/may not be susceptible to rabies.
	PET SHOP.  Any person, sole proprietorship, limited liability corporation (LLC), partnership or corporation, whether operated separately or in connection with another business enterprise, except for a kennel, that buys, gives away, sells or takes on consignment any species of animal.
	TEMPERAMENT TESTING.  Evaluating an individual dog’s temperament through a series of tests that measure traits including stability, confidence, shyness, friendliness, aggressiveness, protectiveness, prey instincts, play drive, and self-defense instincts, and the ability to distinguish between threatening and nonthreatening situations.
	TRANSIENT ANIMAL EXHIBITION.  Any spectacle, display, act or event other than circuses, in which animals perform or are displayed, with the exception of education programs presented by persons or organizations with proper state and federal education permits, as required, and which are traveling shows of a temporary duration.
	VETERINARIAN.  Has the meaning as defined in Minnesota Administrative Rules, Chapter 9100.0100.
	VETERINARY HOSPITAL OR CLINIC.  Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries in animals.
(Ord. 08-088, passed 10-15-2013)
Cross References
	Definitions generally, § 11.01.
§ 95.005  CARE OF DOMESTICATED ANIMALS.
	All domesticated animals shall be cared for, maintained and handled in a humane and sanitary manner and in such a way as to prevent noises such as barking, fighting or howling or other disturbance of the peace and quiet of the neighborhood. No domestic animal shall be abandoned or turned loose by its owner. No animal shall be inhumanely confined in a manner which causes or is likely to cause pain, suffering, injury or death. No person who owns, harbors, or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.006  NUMBER OF DOGS AND CATS LIMITED.
	(A)	The keeping of a large number of dogs or cats poses health, safety and public welfare risks and is deemed a public nuisance.
	(B)	Cats.  Unless the property owner has an authorized kennel, no individual or family unit living together, firm or corporation shall keep more than 3 cats over the age of 4 months on any parcel not zoned RT, A, or RR.
	(C)	Dogs.  Unless the property owner has an authorized kennel, no individual or family unit living together, firm or corporation shall keep more than 3 dogs over the age of 4 months on any parcel not zoned RT, A, or RR.
	(D)	Cats and dogs.  Unless the property owner has an authorized kennel, no individual or family unit living together, firm or corporation shall keep more than a combination of 3 cats and dogs over the age of 4 months on any parcel not zoned RT, A, or RR.
	(E)	Grandfather clause.
		(1)	Any person who owned, possessed, kept or harbored dogs and/or cats on or before October 15, 2013, in excess of the above allowed number of dogs and/or cats shall be permitted to continue ownership or possession as long as they meet all the requirements set forth under state and federal law in addition to those set forth in this chapter.
		(2)	Anyone whose animals fall under the grandfather clause shall have obtained license for the dogs within 60 days of the effective date of the original ordinance (October 15, 2013).
			(a)	Any person who successfully obtains license within 60 days of the adoption of the ordinance codified herein shall be permitted to hold, keep, harbor or maintain the number of animals that person had as of the date of the adoption of the ordinance but shall not be permitted to increase the number of animals. Following death of the licensed animal, the property owner shall not acquire more animals until they have brought the number of animals down to legal limits through attrition.
			(b)	Any person who has not successfully obtained license for their animal within 60 days of the adoption of the ordinance codified herein shall forfeit the right to keep the animal under the grandfather clause and be deemed to unlawfully possess the animal.
(Ord. 08-088, passed 10-15-2013; Am. Ord. 08-100, passed 2-18-2014)
§ 95.007  RABIES SHOTS REQUIRED.
	At the time of application for registration, the applicant shall present to the city a written statement from a licensed veterinarian or other satisfactory evidence that a rabies shot has been administered, within the previous 24 months, to the dog or dogs being registered.
(Ord. 08-088, passed 10-15-2013)
§ 95.008  DOG LICENSING REQUIRED.
	(A)	No person shall own, keep, or harbor any dog over the age of 4 months, within the city, unless a dog license has first been secured. Dog licenses shall be issued by the city for a fee as set by resolution of the Council. It shall be the duty of each person owning, keeping, or harboring a dog to pay the license fee imposed by §§ 95.008 et seq. to the city on or before the first day of January of each year, or upon establishing residence in the city to immediately pay the license fee. The city may cause a notice of the necessity of the license fee to be printed in the official newspaper in December prior to each license year. The license fees are provided for in the city fee schedule for the following:
		(1)	Altered dogs;
		(2)	Unaltered dogs; and
		(3)	Service dogs.
	(B)	All licenses shall be valid for 1 year from each January 1 to the following December. License applications may be made from January 1 through January 31 each year without penalty. When application is made after January 31 for any animal subject to licensing prior to that date, an additional fee shall be charged for the license. The additional fee herein prescribed is assessed to cover the additional costs of the administration and not as a penalty, and the payment of such a fee shall not exempt any owner from any penalties imposed for any violation of this subchapter.
	(C)	A license will be one-half of the amount set out in the fee schedule if properly obtained after June 30 of the license year.
	(D)	The city shall deliver 1 appropriate tag to the owner when the fee is paid. The owner shall cause the tag to be affixed by a permanent metal fastener to the collar of the dog registered in a manner that the tag may be easily seen. The owner shall ensure that the tag is constantly worn by the dog. In case any dog tag is lost, a duplicate may be issued upon verification of the licensure for the current year. A charge of $1 shall be made for the duplicate tag.
	(E)	The provisions of this section shall not be intended to apply to domestic animals brought into the city for the purpose of participating in any domestic animal show or for less than 30 days.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.009  OFFENSES INVOLVING TAGS.
	It shall be unlawful to counterfeit or attempt to counterfeit the tag provided for in § 95.008 or take from any dog a tag legally placed upon by its owner with the intent to place it upon another dog.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.010  TAGS NOT TRANSFERABLE; REFUNDS.
	Dog tags shall not be transferable. No refunds shall be made on any dog registration fee because of leaving the city or death of the dog before the expiration of the registration period.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.011  PROHIBITION OF KENNELS; PRIVATE KENNELS.
	(A)	No commercial kennels may be established in the city unless a special use permit has been issued for the kennel as provided by the city ordinances regulating land use.
	(B)	An individual or family unit living together, firm, or corporation may keep a private kennel consisting of a combination of  no more than 6 domestic pets over the age of 4 months on any parcel 5 acres or greater in size and located in zoning districts RT, A, or RR.
(Ord. 08-088, passed 10-15-2013; Am. Ord. 08-100, passed 2-18-2014)  Penalty, see § 10.99
Cross-reference:
	Definitions, § 11.01
	Zoning use types and classifications, § 154.012
§ 95.012  PROHIBITION OF DOGS AND CATS RUNNING AT LARGE.
	It shall be unlawful for any person who owns, harbors or keeps a dog or cat to allow the dog or cat to run at large in the city.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.013  UNREASONABLE DISTURBANCE PROHIBITED.
	The following are prohibited:
	(A)	The keeping or harboring of any animal or fowl, whether licensed or not, which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the city which tends to cause or create a disturbance is prohibited and is a public nuisance. An animal is considered to be in violation of this section when written complaints from 2 or more adults living in separate residences within audible distance of the noisy animal are filed with the law enforcement or the city within a 4-week period. No prosecution shall be commenced, except upon the request of the law enforcement or city, following a written petition signed by 2 or more adult persons residing at different residences.  Failure to correct the disturbance within 24 hours of written notification from law enforcement or other designee of the city shall constitute a violation of this section and will subject the owner or occupant of the premises to the penalties set forth in § 10.99, Penalty.  Each day that such nuisance exists constitutes a separate offense.
	(B)	The phrase “unreasonable disturbance” shall include, but is not limited to, the creation of any noise by any animal which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the animal is being kept and which animal noise occurs repeatedly over at least a 30 minute period of time with a 5 minute or less lapse of time between each animal noise during the 30 minute period.
	(C)	Exemptions.  The provisions of this section shall not apply to animal veterinary hospitals or clinics operated for the treatment of animals or to permitted kennels.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.014  DOGS OR CATS WHICH ARE PUBLIC NUISANCES.
	Every unlicensed dog, unsecured female dog or cat in heat, and every dog or cat that runs at large or causes disturbance, or noise, in violation of the provisions of §§ 95.008 et seq. is declared a public nuisance.
(Ord. 08-088, passed 10-15-2013)
§ 95.015  INTERFERENCE WITH ENFORCEMENT.
	It shall be unlawful for any unauthorized person to take or attempt to take from any officer any animal taken up by the officer in compliance with §§ 95.008 et seq. or in any manner to interfere with or hinder the officer in the discharge of official duties under §§ 95.008 et seq.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.016  INVESTIGATION.
	Any agent of the Council may enter the premises where any animal is kept in a reportedly cruel or inhumane manner, after obtaining required warrant or legal consent, and demand to examine the animal and to take possession of the animal when in the agent’s opinion it requires humane treatment.
(Ord. 08-088, passed 10-15-2013)
§ 95.017  QUARANTINE.
	(A)	Whenever any person owning, possessing, or harboring any dog within the corporate limits of the city shall learn that the dog has bitten any human being, the person shall immediately impound the dog in a place of confinement where it cannot escape or have access to any human being or other animal. The person shall also immediately notify either the Animal Control Officer or Agency, who shall ascertain the identity of the dog and the person owning, possessing, or harboring it. The Officer or Agency shall immediately direct the person to impound the dog as required. Any dog so impounded shall be kept continuously confined for a period of 10 days from the day the dog bit a human being. The person owning, possessing, or harboring the dog shall also notify the Minnesota Department of Health Infectious Disease Epidemiology, Prevention and Control Division.
	(B)	Upon learning that a dog has bitten a human being, the city shall immediately notify the Animal Control Officer and inform Animal Control Officer of the place where the dog is impounded. If the animal is current on its rabies vaccination with proof provided by a rabies certificate, then the animal is safe to be quarantined in the owner’s home. If no proof of a current rabies vaccine is able to be provided the animal must be impounded at the current impound facility. When an animal is impounded at home, the animal should be required to be inspected by a licensed veterinarian at the beginning of the rabies quarantine and at the end of the rabies quarantine. The Animal Control Officer will inspect the animal as needed during the 10 day quarantine only when the animal is kept in the home of the owner. For this purpose, the Animal Control Officer shall have access to the premises where the dog is kept at all reasonable hours and may take possession of the dog and confine it in a suitable place at the expense of the owner. In the circumstance that the animal is impounded at the impound facility it is the duty of the licensed veterinarian on staff to inspect the animal during the rabies quarantine.
	(C)	The owner or person in possession or harboring the dog shall immediately notify the Animal Control Officer of any evidence of sickness or disease in the dog during its period of confinement. In the case that an animal dies during this period when the animal is kept in the owner’s home, the animal is to be brought to the impound facility where it will then be transported to the U of MN for diagnostic testing. If the animal dies while being impounded at the impound facility, then the impound facility will be responsible for diagnostic rabies testing. 
	(D)	In the case that the owner of the animal that has bitten does not have a current rabies vaccine and it is impounded at the impound facility, and if the owner decides not to reclaim the animal from the impound facility, the impound facility can then humanely euthanize the animal and send it for diagnostic testing without holding the animal for a 10 day quarantine.
(Ord. 08-088, passed 10-15-2013)
§ 95.018  MUZZLING PROCLAMATION.
	Whenever the prevalence of hydrophobia renders action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on the owner’s or keeper’s premises unless it is muzzled so that it cannot bite. Any unmuzzled dog running at large during the time fixed in the proclamation shall be killed by law enforcement without notice to the owner.
(Ord. 08-088, passed 10-15-2013)
§ 95.019  REQUIRED REMOVAL OF ANIMAL EXCRETA.
	The owner or person having immediate care, custody or control of any animal shall promptly remove and dispose of, in a sanitary manner, any excreta left or deposited by the animal upon any public or private property. Failure to do so shall be a violation of this section and will subject the owner or occupant of the premises to the penalties set forth in § 10.99 Penalty. Each day that such act exists shall constitute a separate offense.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.020  ANIMALS ON OWNERS PROPERTY.
	The accumulation of dog feces or wastes upon private property in the city is declared to be a public nuisance. The owner or occupant of property upon which there exists any accumulation of dog feces or waste shall remove all such waste from his premises and dispose of the wastes in a safe and sanitary manner within 24 hours of written notification from law enforcement or the city to remove the wastes. Failure to do so shall be a violation of this section and will subject the owner or occupant of the premises to the penalties set forth in § 10.99 Penalty. Each day that such act exists shall constitute a separate offense.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.021  ANIMAL CONTROL OFFICER.
	The Council may appoint a person, persons, or firm as the Council may deem necessary and advisable as Animal Control Officer for the city. The Animal Control Officer shall be charged with the duty of enforcement of §§ 95.008 et seq. and shall be vested with all the authority conferred by §§ 95.008 et seq., including the power to issue a summons requesting a violator to appear in court. The Council may provide for compensation for the Animal Control Officer as it may deem reasonable. The Animal Control Officer shall file a monthly report with the Council relating to the operation of the Animal Control Officer as it applies to the city.
(Ord. 08-088, passed 10-15-2013)
§ 95.022  ANIMAL CONTROL AGENCY.
	The city may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals, and for assisting in the administration of rabies vaccinations programs.
§ 95.023  IMPOUNDING OF DOGS OR CATS.
	The Animal Control Officer may take up and impound any dog found in the city without the tags provided in § 95.008 or any dogs which are in violation of any other provisions of §§ 95.008 et seq. To enforce §§ 95.008 et seq., the Animal Control Officer is empowered and instructed to go upon any premises to seize for impounding any dog or cat that may lawfully be seized and impounded when such officer is in immediate pursuit of such animals where the officer has reasonable cause to believe there is an unlicensed dog, a dog or cat which has been at large during the same day, or an unsecured female dog or cat in heat, except upon the premises of the owner of the dog or cat if the owner is present and forbids the same; in that case, or for entry into premises, the officer must obtain required warrant or legal consent to do so. Animals will not be impounded with any facility that sells, trades, or deals animals for licensed educational or scientific institution purposes.
(Ord. 08-088, passed 10-15-2013)
§ 95.024  IMPOUNDMENT CHARGES.
	(A)	Redemption. Any dog or cat may be redeemed from the impound facility  by the owner within 5 days after impoundment by payment of a fee as set forth from time to time by resolution of the Council for each day the dog or cat is confined in the pound, as well as the cost of boarding, feeding, and required vet charges. The city may recover, from the owner, impoundment fees charged to it by the impound facility.
	(B)	Additional impoundment charge. An additional fee, set forth from time to time by resolution of the Council, shall be charged for any dog or cat that has been impounded more than once each year.
	(C)	Unlicensed additional charge. In the case of unlicensed or untagged dog, an additional fee, set forth from time to time by resolution of the Council, shall be charged due to the special handling required on an unlicensed or untagged dog.
	(D)	If the owner does not pay fees, expenses, license and reclaim the animal within 5 days of being notified of the impoundment, the animal will be put up for adoption without further notification, at the owner’s expense. If the animal is adopted, the expenses and fees may be paid by the new owner through adoption fees.
(Ord. 08-088, passed 10-15-2013)
§ 95.025  DISPOSITION OF UNCLAIMED DOGS OR CATS.
	Any dog or cat which is not claimed as provided for in § 95.024 or sold through a standard adoption process, shall be painlessly put to death and the body properly disposed of by the poundkeeper.
(Ord. 08-088, passed 10-15-2013)
§ 95.026  PROCEEDINGS FOR DESTRUCTION OF CERTAIN DOGS.
	(A)	Upon sworn complaint to district court that any one of the following facts exist:
		(1)	That any dog at any time has attacked or bitten a person outside the owner’s or custodian’s premises;
		(2)	That any dog is vicious or shows vicious habits, or molests pedestrians;
		(3)	That any dog is a public nuisance as defined in M.S. § 561.01, as it may be amended from time to time; and/or
		(4)	That any dog violates its quarantine contrary to the provisions of the chapter.
	(B)	The district court shall issue a summons directed to the owner or person having possession of the dog commanding the owner or person in possession to appear before the court and show cause why the dog should not be disposed of as authorized in this code. The summons shall be returnable not less than 2 nor more than 6 days from the date of delivery and shall be served at least 2 days before the time to appear mentioned in the summons. If, at the hearing, the district court finds that the facts stated in the complaint are true, the judge may either order: the owner or custodian to keep the dog confined to a designated place; the owner or custodian to remove the dog from the city; or humanely euthanized by certified veterinary staff. If the owner or custodian disobeys the order, the owner or custodian shall, upon the filing of a complaint and after a hearing and conviction before a district court, be liable to the punishment provided for violation of this chapter. Any Animal Control Officer may, upon disobedience of the order, impound and order the humane euthanasia of any dog describe in the order of the district court. The provisions of this section are in addition to and supplemental to other provisions of this code. Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the dog.
(Ord. 08-088, passed 10-15-2013)
§ 95.027  PROHIBITION OF UNSECURED FEMALE DOGS OR CATS IN HEAT.
	(A)	It shall be unlawful for any person to own, harbor, keep, or have in their possession or on their premises any unsecured female dog or cat in heat.
	(B)	Any unsecured female dog or cat in heat shall be deemed to be any female dog or cat which is not confined in a building or secured in a manner that the dog or cat cannot come into contact with another animal except for planned breeding.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.028  LIABILITY.
	The city and/or its animal control agents shall not be liable to any person for the death, destruction, damage, injury or disease caused to any animal that has been impounded pursuant to this chapter.
(Ord. 08-088, passed 10-15-2013)
DANGEROUS AND POTENTIALLY DANGEROUS DOGS
§ 95.040  DANGEROUS DOGS; REPORTING AND NOTIFICATION.
	(A)	Incident report.  The Animal Control Officer shall complete an “incident report” on any incident listed in the definition for “dangerous dog” in § 11.01.
	(B)	Notice declaring a dangerous dog.  The Animal Control Officer shall provide the animal owner with a “notice to declare dog dangerous” for any incident listed in the definition for “dangerous dog” in § 11.01.  The Animal Control Officer shall provide written notice to the City Clerk/Administrator that a “notice to declare dog dangerous” has been issued to an animal owner.
		(1)	Every reasonable attempt should be made by the Animal Control Officer to deliver the “notice declaring a dangerous dog” to the animal owner in person.
		(2)	If the “notice to declare dog dangerous” cannot be delivered to the animal owner, the Animal Control Officer shall provide the “notice” to the City Clerk/Administrator for mailing.  The “notice declaring dog dangerous” shall be mailed to the animal owner by certified mail.
		(3)	Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person:
			(a)	Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog;
			(b)	Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or
			(c)	Who was committing or attempting to commit a crime.
(Ord. 08-088, passed 10-15-2013)
§ 95.041  DANGEROUS DOGS; REGISTRATION REQUIREMENT.
	(A)	The owner of a dangerous dog shall obtain a certificate of registration from Washington County.
	(B)	Washington County regulations indicate that a certificate of registration will be issued if:
		(1)	Registration.  The county shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
			(a)	A proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property; and
			(b)	A surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the county in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
		(2)	Fee.  The county may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section.
		(3)	Law enforcement exemption.  The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work.
		(4)	Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous affixed to the dog’s collar at all times.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.042  DANGEROUS DOGS; CONTAINMENT REQUIREMENTS.
	An owner of a dangerous dog shall keep the dangerous dog, while on the owner’s property, in a proper enclosure.  If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person.  The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.043  POTENTIALLY DANGEROUS DOGS; REPORTING AND NOTIFICATION.
	(A)	Incident report.  The Animal Control Officer shall complete an “incident report” on any incident listed in the definition for “potentially dangerous dog” in § 11.01.
	(B)	Notice declaring a potentially dangerous dog.  The Animal Control Officer shall provide the animal owner with a “notice to declare dog potentially dangerous” for any incident listed in the definition for “potentially dangerous dog” in § 11.01.  The Animal Control Officer shall provide written notice to the City Clerk/Administrator that a”notice to declare dog potentially dangerous” has been issued to an animal owner.
		(1)	Every reasonable attempt should be made by the Animal Control Officer to deliver the “notice to declare a potentially dangerous dog” to the animal owner in person.
		(2)	If the “notice” cannot be delivered to the animal owner, the Animal Control Officer shall provide the “notice” to the City Clerk/Administrator for mailing.  The “notice to declare a potentially dangerous dog” shall be mailed to the animal owner by certified mail.
(Ord. 08-088, passed 10-15-2013)
§ 95.044  POTENTIALLY DANGEROUS DOGS; CONTAINMENT REQUIREMENTS.
	(A)	An owner of a potentially dangerous dog shall keep the dangerous dog, while on the owner’s property, in a proper enclosure.
	(B)	If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person.
	(C)	The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.045  CONFISCATION.
	(A)	Seizure.
		(1)	The Animal Control Officer shall immediately seize any dangerous dog if:
			(a)	After 14 days after the owner has notice that the dog is dangerous, the dog is not validly registered under § 95.041;
			(b)	The dog is not maintained in the proper enclosure; or
			(c)	The dog is outside the proper enclosure and not under physical restraint of a responsible person as required under § 95.042.
		(2)	If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog.
	(B)	Reclaimed.  A dangerous dog seized under division (A) above may be reclaimed by the owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Officer, and the city that the requirements of §§ 95.041 and 95.042, as they may be amended from time to time, will be met. A dog not reclaimed under this subdivision within 7 days may be disposed of as provided in § 95.026, and the owner is liable to the city for costs incurred in confining and disposing of the dog.
	(C)	Subsequent offenses; seizure.
		(1)	If a person has been convicted of a misdemeanor for violating a provision of §§ 95.041 and 95.042, and the person is charged with a subsequent violation relating to the same dog, the dog must be seized by the city’s Animal Control Officer.
		(2)	If the owner is convicted of a crime for which the dog was seized, the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal.
		(3)	If the person is not convicted of the crime for which the dog was seized, the owner may reclaim the dog upon payment to the city of a fee for the care and boarding of the dog.
		(4)	If the dog is not reclaimed by the owner within 5 days after the owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under § 95.045, and the owner is liable to the city for the costs incurred in confining, impounding, and disposing of the dog.
(Ord. 08-088, passed 10-15-2013)
§ 95.046  EXCEPTIONS.
	(A)	This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided.
	(B)	In the case of regulated animals, those exemptions listed in M.S. § 346.155, subd. 7 shall apply.
(Ord. 08-088, passed 10-15-2013)
HORSES
§ 95.060  HORSES; REQUIREMENTS.
	(A)	No person shall ride, drive, lead, or otherwise allow any horse or pony to directly travel over and in contact with any street or public road in the city which is hard surfaced or which has been ready for hard surfacing to the extent that the base for the hard surface has been applied, except the horses, ponies, and horse drawn vehicles shall be allowed on unpaved shoulders of the street or public road.
	(B)	No horse, pony, mule or other beast of burden shall be allowed on any public street, alley, sidewalk or other public right-of-way or upon public property unless the animal is properly attired to prevent animal waste from being deposited upon such public property or the owner of the animal shall be otherwise responsible for cleanup of all animal waste deposited upon public property by the animal.
	(C)	The restrictions of this section do not apply to animals that are part of a parade or other legally sanctioned event held in the city; however, all animals participating in such events are still subject to waste and cleanup requirements.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
DANGEROUS ANIMALS
§ 95.075  KEEPING OF ANIMALS.
	The keeping of animals except for domesticated pets inside of the dwelling unit shall be prohibited.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.076  OTHER ANIMALS.
	No person who owns or who has custody of any horse, mule, sheep, goat, swine, fowl, poultry, cattle, monkey, domesticated snake, cat, or any other animal shall permit the same to run at large in the city.  Any animal or fowl found running at large shall be impounded by the Animal Control Officer who will then proceed, pursuant to §§ 95.043 through 95.046.
(Ord. 08-088, passed 10-15-2013)  Penalty, see § 10.99
§ 95.077  DANGEROUS ANIMALS PROHIBITED.
	(A)	No person shall harbor, maintain, or control any dangerous animal within the city.
	(B)	A dangerous animal is one which is capable of inflicting severe bodily harm to humans, and shall include but not be limited to the following species:
		(1)	Class Mammalia.
			(a)	African buffalo (Syncerus caffer);
			(b)	Hippopotamus (Hippopotamus amphibious);
			(c)	Wolves, dingoes, jackals, all species except foxes (Family Canidae);
			(d)	Hyenas, all species except aardwolves (Proteles cristatus)(Family Hyaenidae);
			(e)	Wolverine (Gulo gulo);
			(f)	Honey badger or ratel (Mellivora campensis);
			(g)	Old World badger (Meles metes);
			(h)	Bears (Family Ursidae);
			(i)	Lions, jaguars, leopards, tigers (Genus Panthera);
			(j)	Clouded leopard (Neofelis nebulosa);
			(k)	Cheetah (Acinonyx jubatus);
			(l)	Cougar or mountain lion (Felis concolor);
			(m)	Elephants (Family Elephantidae);
			(n)	Rhinoceroses (Family Rhinocerotidae);
			(o)	Gibbons, siamangs (Family Hylobatidae);
			(p)	Orangutans, chimpanzees, gorillas (Family Pongidae);
			(q)	Baboons, drills, mandrills (Genus Papio);
			(r)	Macaques (Genus Macaca); and
			(s)	Gelada baboon (Theropithecus gelada).
		(2)	Class Repitilia.
			(a)	Gavials (Family Gavialidae);
			(b)	Crocodiles (Family Crocodylidae);
			(c)	Alligators, caimans (Family Alligatoridae);
			(d)	Cobras, coral snakes (Family Elapidae);
			(e)	Sea Snakes (Family Hydrophidae);
			(f)	Adders, vipers (Family Viperidae);
			(g)	Pit Vipers (Family Crotalidae); and
			(h)	All venomous rear-fanged species (Family Colubridae).
		(3)	The following species of constricting snakes over 8 feet in length.
			(a)	Boa constrictor (Boa constrictor), all subspecies;
			(b)	Anaconda (Eunectes murinus);
			(c)	Indian python (Python molurus);
			(d)	Reticulate python (Python reticulatus); and
			(e)	Rock python (Python sebae).
		(4)	Other.
			(a)	Gila monsters and beaded lizards (Family Helodermatidae); and
			(b)	Komodo dragon (Varanus komodoensis).
(Ord. 08-088, passed 10-15-2013)
§ 95.078  EXCEPTIONS.
	(A)	This section does not apply to animals which are temporarily brought into the city for the purpose of participating in any circus or show; nor does it apply to any public zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective devices adequate to prevent such animal from escaping or injuring the public are provided.
	(B)	In the case of regulated animals, those exemptions listed in M.S. § 346.155, subd. 7 shall apply.
(Ord. 08-088, passed 10-15-2013)
LIVESTOCK
§ 95.090  LIVESTOCK.
	(A)	Purpose. The purpose of this section is to promote and preserve the natural resources within the City of Lake Elmo by regulating the keeping of livestock. Erosion as a result of overgrazing and leeching of manure into groundwater have adverse and potentially irreversible impacts on water quality and environmentally sensitive lands.
	(B)	Prohibition of manure deposition without safeguards.  No manure or livestock waste shall be deposited, stored, kept, or allowed to remain upon any site without reasonable safeguards adequate to prevent the escape or movement of the manure or wastes or a solution of the manure or wastes from the site which may result in pollution of any public waters or any health hazard.
	(C)	Pollution Control Agency standard minimum requirement.  All regulations imposed by the Minnesota Pollution Control Agency relating to keeping of livestock shall be adhered to and the regulations shall be considered the minimum safeguard necessary to prevent pollution of public water or creation of a health hazard.
	(D)	Inadequate safeguards.  In case the Zoning Administrator shall find that any manure is stored or kept on any lot or storage site without a safeguard, or that any existing safeguard is inadequate, the Zoning Administrator may order the owner or other responsible person to immediately remove the manure from the storage site and refrain from further storage or keeping of any manure at the site unless and until an adequate safeguard is provided.
	(E)	Hazards and nuisances.  On parcels of less than 40 acres which are not part of a larger crop-producing commercial agricultural farm, the keeping of horses, cattle, or other grazing animals on a site with less than 2 acres of existing grazable land per animal is, by this section, declared to be a nuisance. No domestic farm animals, or livestock, other than chickens or bees, shall be allowed on any parcel of less than 5 acres. No commercial kennels shall be placed on any site of less than 10 acres.
	(F)	Grazable acres.  Grazable acreage shall be defined as open, non-treed acreage exclusive of the homesite and yard that is currently providing enough pasture or other agricultural crops capable of supporting summer grazing at a density of 1 animal unit per 2 acres. Grazable acreage shall not include non-jurisdictional wetlands or slopes over 12%. There is a presumption that 0.5 acres of site are dedicated to the homesite and yard, or considered ungrazable. This presumption is subject to rebuttal if a different calculation can be established by owner and city.
	(G)	The number of permitted animals shall be determined by the following table:
Type of Animal	Animal Units	
One slaughter steer, heifer, or mature dairy cow 	1.4	
One horse, mule, donkey	1.0	
One hog/swine	0.5	
One sheep or goat, llama, or alpaca	0.2	
One turkey or goose	0.1	
One duck or other fowl	0.04	
One chicken, 5 acres or more	0.02	

		(1)	For all other animals, the number of animal units shall be defined as the average weight of the animal divided by 1,000 pounds.
		(2)	The number of animal units allowed per parcel is cumulative. The animal density per parcel shall not exceed 1 animal unit equivalency per 2 grazable acres. 
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 10.99
KEEPING OF CHICKENS
§ 95.105  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	BROODING.  the period of chicken growth when supplemental heat must be provided, due to the bird’s inability to generate enough body heat.
	CHICKEN.  a domesticated bird that serves as a source of eggs or meat (Gallus gallus domesticus).
	COOP.  The structure for the keeping or housing of chickens permitted by the subchapter.
	EXERCISE YARD.  A larger fenced area that provides space for exercise and foraging for the birds when supervised.
	HEN.  A female chicken.
	OFFICER.  Any person designated by the city as an enforcement officer.
	ROOSTER.  A male chicken.
	RUN.  A fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised.
(Ord. 08-100, passed 2-18-2014)
§ 95.106  PURPOSE.
	It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding pastime. Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of hens for egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community.
(Ord. 08-100, passed 2-18-2014)
§ 95.107  INVESTIGATION AND ENFORCEMENT.
	Officers designated by the city shall have authority in the investigation and enforcement of this subchapter, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The city shall make investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this subchapter.
(Ord. 08-100, passed 2-18-2014)
§ 95.108  KEEPING OF CHICKENS.
	(A)	Chickens on less than 5 acres.
Lot Size (Acres)	Chickens Allowed	
0.00 - 0.49	0	
0.50 - 0.99	4	
1.00 - 1.49	6	
1.50 - 1.99	8	
2.00 - 2.49	10	
2.50 - 2.99	12	
3.00 - 3.49	14	
3.50 - 3.99	16	
4.00 - 4.49	18	
4.50 - 4.99	22	

	(B)	Chickens on 5 acres or more. Chickens maintained on parcels of 5 acres or more are restricted to 0.02 animal units per acre. A permit is not required for keeping chickens on a parcel size of 5 acres or more. For reference, see “Animal Unit Equivalency” chart in § 95.090.
(Ord. 08-100, passed 2-18-2014)
§ 95.109  PERMIT REQUIRED; TERM, CONSENT, FEE.
	(A)	No person shall (without first obtaining a permit in writing from the City Clerk) own, keep, harbor, or have custody of any live chicken on a lot less than 5 acres.
	(B)	The first permit is valid for up to 2 years beginning on the date of issuance and ending on December 31 of the following year. Subsequent permits are valid from January 1 to December 31.
	(C)	Prior to issuance of a permit, notices must be mailed to all homes within 150 feet of the applicant’s property lines.
	(D)	The fee for a permit may be imposed, set, established and fixed by the city council, by ordinance, from time to time.
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 10.99
§ 95.110  APPLICATION.
	Any person desiring a permit required under the provisions of this subchapter shall make written application to the City Clerk upon a form prescribed by and containing such information as required by the city. Among other things, the application shall contain the following information:
	(A)	A description of the real property upon which it is desired to keep the chickens.
	(B)	The breed and number of chickens to be maintained on the premises.
	(C)	A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, type, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan.
	(D)	Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit.
	(E)	Such other and further information as may be required by the officer.
(Ord. 08-100, passed 2-18-2014)
§ 95.111  PERMIT CONDITIONS.
	Each person keeping chickens within the City of Lake Elmo shall comply with the following:
	(A)	No person may keep a rooster or crowing hen.
	(B)	No person may allow chickens to range freely without fencing or without a mobile pen.
	(C)	No person may keep chickens inside the house or attached garage.
	(D)	Chickens must be provided a secure and well ventilated roofed structure (“chicken coop”).
	(E)	The roofed structure and required fencing for the chickens may only be located in a rear yard and must meet setback and building separations as established in city zoning and building codes, except that the roofed structure and fencing must maintain a 20 foot separation from dwellings on adjacent properties.
	(F)	The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light.
	(G)	Chickens, coops, and/or runs shall not be kept in such a manner as to constitute a nuisance.
	(H)	The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance regulations elsewhere in the code.
	(I)	All chicken coops must have a minimum size of 4 square feet per bird and must be at least 6 feet in height to allow access for cleaning and maintenance.
	(J)	Fenced in chicken runs must have a minimum of 10 square feet per bird and must be at least 6 feet in height to allow access for cleaning and maintenance.
	(K)	All butchering waste shall be disposed of in a sanitary manner.
	(L)	Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include burial, off-site incineration or rendering, or composting.
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 10.99
§ 95.112  VIOLATIONS.
	(A)	Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and upon conviction, shall be penalized in accordance with § 10.99.
	(B)	If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of 1 year.
	(C)	Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including, but not limited to, the pickup and impounding of chickens.
(Ord. 08-100, passed 2-18-2014)
§ 95.113  ISSUANCE, REVOCATION.
	(A)	If granted, the permit shall be issued by the city and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the city for failure to conform to such restrictions, limitations, or prohibitions. Such modification or revocation shall be effective after 10 days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such chickens.
	(B)	The city may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to comply with this subchapter, with any regulations promulgated by the city council pursuant to this article, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within 10 days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
(Ord. 08-100, passed 2-18-2014)
KEEPING OF BEES
§ 95.125  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	APIARY.  The assembly of1 or more colonies of bees at a single location.
	BEEKEEPER.  A person who owns or has charge of 1 or more colonies of bees. 
	BEEKEEPING EQUIPMENT.  Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.
	COLONY.  An aggregate of bees consisting principally of workers, but having, when perfect, 1 queen and at times drones, brood, combs, and honey.
	HIVE.  The receptacle inhabited by a colony that is manufactured for that  purpose.
	HONEY BEE.  All life stages of the common domestic honey bee, apis mellifera (African subspecies and Africanized hybrids are not allowed).
	LOT.  A contiguous parcel of land under common ownership.
(Ord. 08-100, passed 2-18-2014)
§ 95.126  PURPOSE.
	The purpose of this subchapter is to establish certain requirements for beekeeping within the city, to avoid issues that might otherwise be associated with beekeeping in populated areas.
	(A)	Compliance with this subchapter shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any previous nuisance.
	(B)	Compliance with this section shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota.
(Ord. 08-100, passed 2-18-2014)
§ 95.127  STANDARDS OF PRACTICE.
	These standards of practice apply only to lots smaller than 5 acres.
	(A)	Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions.
	(B)	Each beekeeper must ensure that a convenient source of water is available within10 feet of each colony at all times that the colonies remain active outside the hive.
	(C)	Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees that are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container.
	(D)	Each beekeeper shall maintain his or her beekeeping equipment in good condition, including keeping the hived painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms.
	(E)	Honey bee colonies may only be kept on lots three-quarters of an acre or larger.
	(F)	Each beekeeper is allowed to make in person sales of honey from the beekeeper’s residence as long as the following standards are met:
		(1)	The beekeeper must live on the apiary lot;
		(2)	All honey sold in person on the residential premise must be produced by the beekeeper’s hives that are located on the subject residential premise;
		(3)	No products may be sold in person at the residence except honey and honey related products produced from hives on the premise;
		(4)	No outside storage or display of products or merchandise;
		(5)	No traffic that is greater than the residential level of the neighborhood;
		(6)	No separate business entrance;
		(7)	All signage must comply with city sign regulations;
		(8)	Not more than 15% of the total gross floor area of the residence or 200 square feet, whichever is less is devoted to making, storing, and selling honey;
		(9)	No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; and
		(10)	No nonresident employees are permitted.
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 95.999
§ 95.128  COLONY DENSITY.
	(A)	No person is permitted to keep more than the following numbers of colonies on any lot within the city, based upon the size of the apiary lot:
		(1)	Lots three-quarters of 1 acre or larger but smaller than 2 and 1/2 acres: 4 colonies;
		(2)	Two and one-half acre lot or larger but smaller than 5 acres: 6 colonies;
		(3)	Five acres or larger: no restriction.
	(B)	Colonies must be setback 25 feet from the property line of an adjacent occupied residential lot. 
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 95.999
§ 95.129  PERMIT REQUIRED.
	(A)	No beekeeping may occur on properties of less than 5 acres unless the city issues a permit to the beekeeper on that specific property. The permit will be valid for 2 growing seasons.
	(B)	A beekeeping permit will only be issued if:
		(1)	The permit application documents the satisfaction of all applicable items found in §§ 95.125 through 95.130 of the City Code; and
		(2)	Notices have been mailed to all homes within 150 feet of the applicant’s property lines.
			(a)	If there are objections received within 10 days of mailing the notices, then the permit application must be considered by the City Council.
			(b)	If there are no objections received within 10 days of mailing the notices, then the permit application will be processed by city staff. It will not be referred to the City Council for consideration.
	(C)	Permits are non-transferable and do not run with the land.
	(D)	A permit constitutes a limited license granted to the beekeeper by the city and in no way creates a vested zoning right.
	(E)	By signing the permit, the beekeeper acknowledges that he or she shall defend and indemnify the city against any and all claims arising out of keeping the bees on the premises.
	(F)	Beekeeping permit fees shall be as established by the city council.
	(G)	All standards of practice and colony density standards must be met in order to issue a permit.
	(H)	If the standards of practice are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the city.
	(I)	Beekeeping training is required for the beekeeper prior to issuance of an initial beekeeping permit by the city.
		(1)	Either provide a certificate of completion from a honeybee keeping course from the University of Minnesota or from Century College;
		(2)	Request consideration for having completed a comparable course from another institution or instructor;
		(3)	Request consideration for substituting equivalent experience for the honeybee keeping course; or
		(4)	Provide a letter from a current beekeeping instructor at the University of Minnesota, Century College, or other educational institution offering similar beekeeping courses that states that the permit applicant has gained through other means a substantially similar knowledge base to one that could be gained through appropriate beekeeping courses at the University of Minnesota or Century College.
	(J)	Any beekeeper wishing to make in person sales of honey from their home according to the standards of practice section must so indicate on the annual permit.
(Ord. 08-100, passed 2-18-2014)  Penalty, see § 95.999
§ 95.130  APPLICATION.
	Any person desiring a permit required under the provisions of this article shall make written application to the city clerk upon a form prescribed by and containing such information as required by the city. Among other things, the application shall contain the following information:
	(A)	A description of the real property upon which it is desired to keep the bees.
	(B)	A site plan of the property showing the location and size of the proposed apiary, the number of hives, setbacks from apiary to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, type, and height of any related flyways. 
	(C)	Statements that the applicant will at all times keep the bees in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit.
	(D)	Such other and further information as may be required by the officer.
(Ord. 08-100, passed 2-18-2014)
§ 95.999  PENALTY.
	Any person who shall violate the provisions of §§ 95.125 through 95.130 shall be guilty of a misdemeanor and upon conviction, shall be penalized in accordance with § 10.99.
(Ord. 08-100, passed 2-18-2014)
CHAPTER 96:  NUISANCES
Section
Public Nuisances
	96.01	Generally
	96.02	Public nuisances affecting morals and decency
	96.03	Public nuisances affecting peace and safety
	96.04	Public nuisances affecting health, comfort, or repose
	96.05	Littering
	96.06	Dumping
	96.07	Storing
	96.08	Improper ground disposal
	96.09	Nuisance disposal
	96.10	Peddling and soliciting
	96.11	Abatement
	96.12	Assessment of costs
PUBLIC NUISANCES
§ 96.01  GENERALLY.
	No person, firm, corporation, or association shall cause, suffer, or permit any nuisance as defined in §§ 96.01 et seq. to exist or to be maintained upon property situated in the whole or in part within the limits of the City of Lake Elmo.
(1997 Code, § 1335.10)  Penalty, see § 10.99
§ 96.02  PUBLIC NUISANCES AFFECTING MORALS AND DECENCY.
	(A)	The following are declared public nuisances affecting public morals and decency.
	(B)	The looking into or peeping through doors, windows, or openings of private homes by methods of stealth and without proper authority and by surreptitious method, or what is commonly known as "window peeping."
(1997 Code, § 1335.01)  Penalty, see § 10.99
§ 96.03  PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
	(A)	The following are declared to be nuisances affecting peace and safety.
	(B)	(1)	Altering drainage.  Placing entrance culverts, or doing any act which may alter or affect the drainage of public streets or other public property or the surface or grade of public streets or sidewalks, without proper permit;
		(2)	Attractive dangers.  All dangerous, unguarded machinery, equipment, or other property in any public place, or so situated or operated on private property as to attract the public;
		(3)	Dangerous objects.  The placing or throwing on any street, alley, road, highway, sidewalk, or other public or private property of any glass, tacks, nails, bottles, or other nuisances which may injure any person or animal or may cause damage to any pneumatic tire when passing over the same;
		(4)	Environmental nuisances.  No odors, vibration, noise, smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other sensory irritations or health hazards caused, suffered, or permitted in excess of the minimum standards as set in §§ 96.01 et seq.  The minimum standards shall be as follows.
			(a)	Odors.  Any land use or other activity shall be conducted so as to prevent the emission of odorous or solid matter of the quality and quantity as to be reasonably objectionable at any point beyond the lot line of the site on which the use or activity is located.
			(b)	Vibration.  The following vibrations are prohibited:
				1.	Any vibration discernible (beyond the property line) to the human sense of feeling for 3 minutes or more duration in any 1 hour; and
				2.	Any vibration resulting in any combination of amplitudes and frequencies beyond the "safe" range of the most current standards of the United States Bureau of Mines on any structure.
			(c)	Toxic or noxious matter. Any land use or other activity shall be conducted so as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort, or general welfare of the public.
			(d)	Noise.  Any noise caused, suffered, or permitted in violation of its provisions of §§ 96.01 et seq.
			(e)	Lighting and glare. Any lighting, lighting fixtures, or glare caused, suffered, or permitted in violation of §§ 96.01 et seq.
			(f)	Minimum standards.  Unless otherwise stated in this code, the minimum standards of the Pollution Control Agency as to noise, air, and water pollution and glare, shall be the minimum standards for the purpose of §§ 96.01 et seq.
		(5)	Explosives.  All explosives, inflammable liquids, and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law;
		(6)	Failure to maintain improvements.  In all zoning districts it is hereby declared necessary that all structures, landscaping, and fences be reasonably maintained so as to avoid health or safety hazards and prevent a degradation in the value of adjacent property.  Failure to so maintain the improvements is declared to be a nuisance;
		(7)	Fire hazards.  Any building or structure which, by reason of age, dilapidated condition, defective chimneys or stove pipes, defective electric wiring, defective gas connections, defective heating apparatus, or other defect, is susceptible to fire, and which thus endangers life or limb or other buildings or property within the city; and any accumulations of brush, tree trimming, fallen leaves, parts of dead trees, timber, or other materials or substances on either vacant or improved property, which accumulations are susceptible to fire or capable of spreading fire to adjacent property;
		(8)	Fires.  The setting of fire prohibited under the provisions of this code;
		(9)	Fireworks.  All use or display of fireworks except as provided by law;
		(10)	Hazardous buildings.  Any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health of the residents of the city;
		(11)	Junk.
			(a)	The accumulation, storing, or keeping of old machinery, wrecked or inoperable vehicles or household appliances, and unlicensed vehicles and other junk or debris.
			(b)	For purposes of §§ 96.01 et seq., any personal property stored in violation of the provision of §§ 150.001 et seq. regulating exterior storage, shall be deemed junk.
		(12)	Littering.  Causing or permitting refuse, rubbish, or garbage to accumulate or disposing of waste in violation of the provisions of § 96.06;
		(13)	Low limbs.  All limbs of trees which are less than 8 feet above the surface of any public sidewalk or street. (See §§ 93.40 et seq.);
		(14)	Low wires.  All wires which are strung less than 15 feet above the surface of any public street or alley;
		(15)	Maintenance of boulevard.  Any boulevard which is not maintained as required by §§ 93.40 et seq.;
		(16)	Material from air.  Throwing, dropping, or releasing printed matter, paper, or any other material or objects over the city from an airplane, balloon, or other aircraft, or in a manner as to cause the material to fall or land in the city;
		(17)	Obstruction and excavation.  Obstructions and excavations affecting the ordinary use of the public streets, alleys, sidewalks, or public grounds except under the conditions as are provided by this code.  Any other excavation left unprotected or uncovered indefinitely or allowed to exist in the manner as to attract people;
		(18)	Obstruction of streets.  Any use of property abutting on a public street or sidewalk, or use of a public street or sidewalk which causes large crowds of people to gather obstructing traffic and the free use of public streets or sidewalks;
		(19)	Obstruction of view of traffic.  All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
		(20)	Other acts detrimental to peace and safety.  All other conditions, acts, or things which in the determination of the Council are likely to cause injury to the person or property of anyone;
		(21)	Repairing vehicles on streets.  Making repairs to motor vehicles or tires in public streets or alleys, except in the case of emergency repairs when it will not unduly impede or interfere with traffic;
		(22)	Signs over streets.  All hanging signs, awnings, and other similar structures over public streets or sidewalks, or so situated as to endanger public safety not constructed and maintained as provided by law, or without proper permit;
		(23)	Snow on streets and sidewalks.  All snow and ice not removed from public sidewalks 12 hours after the snow and ice has stopped precipitating.  Snow plowed or shoveled into a public street shall be declared a nuisance;
		(24)	Unauthorized signs.  Erecting, painting, or placing of unauthorized traffic signs or advertising signs in streets or sidewalks;
		(25)	Unused refrigerators and the like.  Any unused refrigerator or other container, with doors which fasten automatically when closed of sufficient size to retain any person, and which is exposed and accessible to the public, without removing the doors, lids, hinges, or latches, or providing locks to prevent access by the public; and
		(26)	Water from buildings.  The allowing of rain, water, ice, or snow to fall from any building on any public street of sidewalk or to flow across any public sidewalk.
(1997 Code, § 1335.02)  Penalty, see § 10.99
§ 96.04  PUBLIC NUISANCES AFFECTING HEALTH, COMFORT, OR REPOSE.
	(A)	The following are declared to be public nuisances affecting health, comfort, or repose.
	(B)	(1)	Decayed food.  All decayed or unwholesome food offered for sale to the public;
		(2)	Milk from untested cows.  Milk which is produced by cows which have not been tested and found free of tuberculosis within the year previous to the offering of the milk for sale to the public;
		(3)	Diseased animals.  All diseased animals running at large;
		(4)	Carcasses.  Carcasses of animals not buried or destroyed within 24 hours after death;
		(5)	Garbage cans.  Privy vaults and garbage cans which are not fly-tight;
		(6)	Cesspool contents.  Causing or suffering the effluent from any cesspool, septic tank, drainfield, or human sewage disposal system to discharge upon the surface of the ground, or dumping the contents of it at any place except as authorized by law;
		(7)	Accumulation of refuse and debris.  An accumulation of refuse, rubbish, or garbage (as defined in § 96.05) or debris of any nature or description;
		(8)	Pollution of wells or public water.  Causing or suffering the pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;
		(9)	Smoke and fumes.  Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities;
		(10)	Medicine samples.  The distribution of samples of medicines or drugs unless the samples are placed in the hands of an adult person by someone properly licensed; and
		(11)	Other acts detrimental to health.  All other acts, omissions of acts, occupations, and uses of property which are determined by the Council to be a menace to the health of the citizens or a considerable number of citizens.
(1997 Code, § 1335.03)  Penalty, see § 10.99
§ 96.05  LITTERING.
	(A)	Unless specifically defined in §§ 96.01 et seq., words or phrases used in §§ 96.01 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.
	(B)	Definitions are found in § 11.01.
(1997 Code, § 1335.04)
§ 96.06  DUMPING.
	It shall be unlawful for any person to cause or permit refuse, rubbish, or garbage to be thrown or scattered upon any street, alley, highway, vacant or occupied real estate; or to fail, neglect, or refuse to remove the same from the real estate.
(1997 Code, § 1335.05)  Penalty, see § 10.99
§ 96.07  STORING.
	It shall be unlawful for any owner or occupant of any property in the city to cause or permit refuse, rubbish, or garbage to accumulate or be stored on the property, except in containers as provided by Ch. 52 relating to solid waste disposal.
(1997 Code, § 1335.06)  Penalty, see § 10.99
§ 96.08  IMPROPER GROUND DISPOSAL.
	It shall be unlawful for any person to pump or empty the effluent from any sewage disposal system on to or allow the contents of it to flow on to the surface of any public or private ground including that of the owners.
(1997 Code, § 1335.07)  Penalty, see § 10.99
§ 96.09  NUISANCE DISPOSAL.
	It shall be unlawful to dispose of any liquid or solid wastes when the result of the disposal shall be a nuisance, a source of filth, a cause of obnoxious odors, or a cause of sickness.
(1997 Code, § 1335.08)  Penalty, see § 10.99
§ 96.10  PEDDLING AND SOLICITING.
	(A)	Entering private property.  The practice of going in and upon private residences or residential properties in the city by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited to do so by the owner or owners, occupant or occupants, of the private residences, for the purpose of soliciting orders for sale of goods, wares, and merchandise, or for the purpose of disposing of or peddling the same, is declared to be a nuisance, except as provided in §§ 96.01 et seq.
	(B)	Exceptions.  The provisions of §§ 96.01 et seq. shall not apply to the sale or soliciting of orders for the same of milk, dairy products, vegetables, poultry, eggs and other farm and garden produce so far as the sale of the commodities named in §§ 96.01 et seq. is authorized by law.
	(C)	Charitable organizations exempted.  The provisions of this section shall not apply to any charitable, religious, patriotic, or philanthropic organization, society, association, or corporation desiring to sell or distribute any items of literature or to sell or distribute any goods, wares, and merchandise, for which a fee is charged or solicited from the persons other than members of the organization upon the streets, in office or business buildings, by house to house canvass, or in public places, for a charitable, religious, patriotic, or philanthropic purpose.
(1997 Code, § 1335.09)  Penalty, see § 10.99
§ 96.11  ABATEMENT.
	If any nuisance occurs as defined in §§ 96.01 et seq., the Council may by majority vote order the owner, lessee, or occupant or any person having care or control of the lot or land to abate the nuisance.  The Council shall issue a written notice to the person allowing 5 days after the notice is served for the person to comply.
(1997 Code, § 1335.12)
§ 96.12  ASSESSMENT OF COSTS.
	If the nuisance is not abated within 5 days in compliance with the notice, the Council shall cause the nuisance to be abated.  The Council shall recover the actual cost of the abatement by civil action against the person or persons served.  Alternatively, if service has been made upon the record owner, as shown on the records, of the County Auditor, collection may be made by ordering the Administrator to extend the sum, plus 25% of it as a special assessment against the property upon which the nuisance existed.  This amount shall be certified to the County Auditor for collection in the same manner as taxes and special assessments are certified and collected.
(1997 Code, § 1335.13)
CHAPTER 97:  PARKS AND RECREATION
Section
Public Parks
	97.01	Defacing or destroying property prohibited
	97.02	Parking and driving of vehicles
	97.03	Speed of vehicles
	97.04	Open fire prohibited
	97.05	Swimming or wading in certain areas prohibited
	97.06	Hours
	97.07	Glass beverage containers prohibited
	97.08	Liquor and 3.2% malt liquor prohibited
Water Surface Use
	97.20	Purpose
	97.21	Watercraft and water surface use regulations
	97.22	Winter lake use regulations
	97.23	Prohibited structures and uses
	97.24	Enforcement
	97.25	Review
Cross-reference:
	Forests and Trees, see Ch. 91
PUBLIC PARKS
§ 97.01  DEFACING OR DESTROYING PROPERTY PROHIBITED.
	No person shall deface, destroy, diminish, or impair the value of public or private property located within any public park in the city, including buildings, structures, or trees, shrubs, or vegetation located in the city or growing in the city.
(1997 Code, § 1355.02)  Penalty, see § 10.99
§ 97.02  PARKING AND DRIVING OF VEHICLES.
	(A)	No person shall drive a motorized vehicle in a public park other than on public roads within the park.
	(B)	No person shall park a motorized vehicle in a public park in an area not specifically posted with signs permitting parking of motorized vehicles nor in an area posted with signs prohibiting the parking.
(1997 Code, § 1355.03)  Penalty, see § 10.99
§ 97.03  SPEED OF VEHICLES.
	No person shall drive or operate a motorized vehicle at a speed in excess of 15 mph in any park unless legally signed for a higher speed.
(1997 Code, § 1355.04)  Penalty, see § 10.99
§ 97.04  OPEN FIRE PROHIBITED.
	No person shall build a fire in any place in any park except in fireplaces or receptacles provided for the building of fires or in an area specifically posted with signs permitting the building of an open fire not in a fireplace or receptacle.
(1997 Code, § 1355.05)  Penalty, see § 10.99
§ 97.05  SWIMMING OR WADING IN CERTAIN AREAS PROHIBITED.
	No person shall wade or swim in an area in which signs have been posted prohibiting swimming or wading.  In all areas where swimming and wading is permitted, the Council shall have the authority by resolution to prohibit the use of equipment as they deem dangerous to persons engaged in swimming or wading, and to prohibit the activities or conduct as they deem dangerous or hazardous to those engaging in it or to other persons in a park.  When a sign has been posted prohibiting the use of any equipment or engagement in any activities or conduct as may be specified in the posted sign, no person shall use the equipment or engage in the activities or conduct.
(1997 Code, § 1355.06)  Penalty, see § 10.99
§ 97.06  HOURS.
	Except as hereinafter provided, all public parks shall be closed from one-half hour after sunset until sunrise the following day.
	(A)	Park facilities with operational lighting for ice rinks, tennis courts and ball fields may remain open until 10:00 p.m. as posted in each park.
	(B)	A special permit may be issued by the City Administrator or the administrator designee for park usage outside of permitted hours of operation.
(1997 Code, § 1355.07)  (Am. Ord. 97-146, passed 2-1-2005) Penalty, see § 10.99
§ 97.07  GLASS BEVERAGE CONTAINERS PROHIBITED.
	No person shall bring into any park within the city any glass beverage container.
(1997 Code, § 1355.08)  Penalty, see § 10.99
§ 97.08  LIQUOR AND 3.2% MALT LIQUOR PROHIBITED.
	In accordance with § 96.01, liquor and 3.2% malt liquor is prohibited in all parks within the city unless a temporary intoxicating or non-intoxicating liquor license is approved by the city.
(1997 Code, § 1355.09)  Penalty, see § 10.99
WATER SURFACE USE
§ 97.20  PURPOSE.
	The purpose of §§ 97.20 et seq. is to establish the rules governing the use of the lake surfaces within the city.  It is the intent of §§ 97.20 et seq. to promote the health, safety, welfare, and well-being of all, and to define the standards of behavior expected for all water users.
(1997 Code, § 1380.01) (Am. Ord. 08-074, passed 9-17-2013)
§ 97.21  WATERCRAFT AND WATER SURFACE USE REGULATIONS.
	The following regulations shall apply to the use of watercraft on lakes entirely within the city limits, to the use of a lake entirely within the city limits, and to the use of ice surfaces on lakes entirely within the city limits.
	(A)	Dumping. No person shall dump or throw garbage, paper, bottles, cans, refuse, or debris into any lake or on the shore of any lake or in any public area around any lake in the city.
	(B)	Hours of operation.
		(1)	Normal conditions.  No person shall operate any motorboat at a speed greater than a slow, no-wake speed as defined by M.S. § 86B.005 in the following manner: 
			(a)	Lake Elmo - between sunset and noon the following day, 7 days a week.
			(b)	Olson Lake, Lake Demontreville and Lake Jane - between sunset and sunrise, Monday through Friday; and between sunset and 9:00 a.m. on weekends and holidays.
			(c)	All other lakes within the jurisdictional boundaries of the City of Lake Elmo - between sunset and noon, 7 days a week.
		(2)	High water conditions. No person shall operate any motorboat at greater than a slow, no-wake speed as defined by M.S. § 86B.005 whenever the lake level of Lakes Olson and Demontreville is above 929.7 feet above sea level (MSL). This restriction will remain in effect until the water level drops below 929.7 feet, and remains there for 3 consecutive days.  No person shall operate any motorboat at greater than slow, no-wake speed as defined by M.S. § 86B.005 whenever the lake level of Lake Jane is above 924.0 feet above sea level (MSL).  This restriction shall remain in effect until the water level drops below 924.0 and remains there for 3 consecutive days.
	(C)	Operating regulations.  No person shall operate any watercraft in violation of the provisions of this code, or in violation of the provisions of M.S. Chapter 86B or Minnesota Boat and Water Safety Rules (6110.0100-6110.2300) which statutes and rules are hereby adopted and incorporated herein.
	(D)	Buoys.  No person shall place a buoy or structure on a lake overnight unless the buoy is specifically authorized by the Washington County Sheriff. No buoy or structure, other than shallow water marking or channel buoys shall be left overnight or placed contrary to MN Water Safety Rules 6110.1800.
	(E)	Operation.  All motorboats, operating in excess of a slow, no-wake speed shall operate in a counter clockwise direction on all City of Lake Elmo lakes 7 days a week. Personal watercraft use is governed by M.S.§ 86B.313.
	(F)	Non-public lake access.  No person, except riparian owners, shall launch a watercraft or gain access to or egress from a lake other than at a designated public access point except in the case of any emergency or except with the written permission of the riparian lot owner. A person who has written permission to launch a watercraft from a riparian lot shall park their vehicle(s) and trailer(s) on the lot of the riparian owner. Riparian lot owners who grant permission to use their property as a launch site shall otherwise comply with all of the land use regulations of the city.
	(G)	Public launching areas.  Except as noted in division (F) no person shall launch a watercraft or gain access to or egress from a lake except from a public right-of-way or other public park area in those locations specifically designated and posted for the purpose.
	(H)	Non-motorized carry-on access.  A person may access any public waters through public land with a hand-carried non-motorized watercraft in accordance with M.S. § 86B.201, Subd. 3.
	(I)	Safe operating distance.
		(1)	No person shall operate or permit the operation of a personal watercraft per M.S. § 86B.313, in excess of slow, no-wake speed, within 150 feet of a shoreline.
		(2)	Launching or landing a personal watercraft or towing a person on skis or other devices must be done by using the most direct route to or from open water.
	(J)	Non-motorized watercraft.  A non-motorized watercraft has the right-of-way over motor-powered watercraft except when it is the overtaking watercraft. Motor-powered watercraft should always keep clear and pass astern on non-motorized watercraft (Minn. Rule 6110.1200, Sub. 1, D). (1997 Code, § 1380.03)
	(K)	Permanent “slow - no wake” areas.  The channels and narrows between Lake Olson and Lake Demontreville are hereby designated as permanent “slow - no wake” areas and appropriate signs or buoys meeting the specifications found in Minn. Rules 6110.1500 shall be posted.
(Am. Ord. 97-150, passed 3-1-2005; Am. Ord. 08-014, passed 5-19-2009; Am. Ord. 08-050, passed 7-19-2011; Am. Ord. 08-50, passed 11-1-2011; Am. Ord. 2012-58, passed 7-17-2012; Am. Ord. 08-074, passed 9-17-2013)  Penalty, see § 10.99
§ 97.22  WINTER LAKE USE REGULATIONS.
	(A)	Dumping.  No person shall dump or throw garbage, paper, bottles, cans, refuse, or debris into the ice of a lake or into any lake or on the shore of any lake or in any public area around any lake in the city.
	(B)	Clean-up.  Ice house owners are responsible for clean-up of trash within 25 feet of the house.
	(C)	Emergency access.  No person shall gain access to or egress from the ice of a lake other than at a designated public access point except in the case of emergencies or except with the written permission of a riparian lot owner.  Persons who have written permission to access or egress the lake from a riparian lot shall park their vehicles and trailers on the lot of the riparian owner.  Riparian lot owners who grant permission to use their riparian property for access to or egress from a lake shall otherwise comply with all land use regulations of the city.
	(D)	Ice fishing holes.  No person shall leave holes in the lake larger than 1 foot in diameter unless the holes are visibly marked for day and night.
	(E)	Size of ice fishing house.  No person shall place an ice house larger than what is allowed by Minnesota State Statutes and is regulated by the fish and game authority.
	(F)	Fires.  No person shall have an open fire on the ice surface of a lake.
(1997 Code, § 1380.04) (Am. Ord. 08-74, passed 9-17-2013)  Penalty, see § 10.99
§ 97.23  PROHIBITED STRUCTURES AND USES.
	(A)	Lake activities.  Motorboat races are prohibited. Fishing tournaments, ski jumps, slalom courses, or other competition or exhibition events are allowed only as specifically authorized by state statutes and rules, the Washington County Sheriff Department. The City Clerk shall acknowledge by signature all lake activities authorized prior to any authorized event or installation of ski jumps or slalom courses for the purpose of public information dissemination.
	(B)	Fee for lake use.  Unless specifically authorized by the Council, and unless consistent with the city’s zoning regulations, no riparian lot owner shall offer the use of their property for a fee or other consideration:
		(1)	As ingress or egress to a lake;
		(2)	For watercraft rental;
		(3)	For swimming, skiing, or watercraft lessons, unless provided by a non-profit or water safety agency for the purpose of basic instructions;
		(4)	For a watercraft launch site; and/or
		(5)	For any ancillary water or ice related use.
(1997 Code, § 1380.06)  (Am. Ord. 2012-58, passed 7-17-2012; Am. Ord. 08-74, passed 9-17-2013)  Penalty, see § 10.99
§ 97.24  ENFORCEMENT.
	(A)	Local enforcement. Pursuant to M.S. §§ 378.32, 459.20, the City of Lake Elmo assigns by service agreement the enforcement of §§ 97.20 through 97.23 of the City Code to the Washington County Sheriff’s Department.
	(B)	Penalties. Penalties for non-compliance shall be governed by § 10.99 of the City Code and prosecuted by the City of Lake Elmo Attorney.
	(C)	Exemptions. Government agencies engaged in resource management, emergency services or enforcement activities are exempt from the provisions of Chapter 97 when acting in the performance of their assigned duties.
(Ord. 08-74, passed 9-17-2013)
§ 97.25  REVIEW.
	The Lake Elmo City Council, upon request, shall review the effect of surface water use ordinances on the quality of life, water quality (including clarity), and lake use safety prior to “ice out” or the beginning of normal lake use season. The Lake Elmo City Council shall consult with MnDNR, University of Minnesota Extension, and the Washington County Sheriff’s Department as a part of this review.
(Ord. 08-74, passed 9-17-2013)