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Home My WebLink AboutAgenda Packets - 2024/07/01CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, July 1, 2024 6:00 p.m. ROLL CALL: Lindstrom, Cermak, Gunn, Meehlhause, Clark Council Work Sessions are informal gatherings of the council at which no final decisions are made, rather consensus discussion to direct staff on council decision items. AGENDA ITEMS DISCUSSED BY CONSENSUS 1. Code Updates - Nyle 2. Bikes out Nice Ride — Councilmember Clark 3. Public Works Remodel and CIP Update -Don PUBLIC COMMENT Citizens may speak to issues not on tonight's agenda. Before speaking, please share your full name and address. Also, please limit your comments to three minutes. NEXT COUNCIL WORK SESSION: Monday, August 5, 2024 at 6:00 pm NEXT COUNCIL MEETING: Monday, July 8, 2024 at 6:00 pm City of Mounds View Staff R To: From: Item Title/Subject: Introduction: Various code updates. Discussion: See attachments. Item No: 1 Meeting Date: July 1, 2024 Type of Business: Worksession City Administrator Review: Honorable Mayor and City Council Nyle Zikmund, City Administrator Code Updates Strategic Plan Strategy/Goal: All components. Financial Impact: Varies depending on item Recommendation: Per memo and handouts. Respectfully submitted, Nyle Zikmund City Administrator The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. XXXX CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A TEMPLATE FOR RESOLUTIONS TO BE USED FOR FUTURE REFERENCE WHEREAS, the City Council reviewed and approved the template at its work session on April 4, 2012; and, WHEREAS, as a result of the template existence, a suitable number of supporting clauses should be used to support a reasoned and justified conclusion; and, WHEREAS, in recognition of these additional clauses, a certain action would be appropriate and consistent with the City's adopted policies. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council approves the format and structure of the template attached as Exhibit A and includes additional clauses as may be necessary. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Mounds View City Council authorizes the preparation and execution of the template by the Mayor and City Administrator. NOW, THEREFORE BE IT FINALLY RESOLVED THAT the cost associated with the execution of the template shall be paid from Account # 100-4160-3030 and that the 2012 Budget shall be amended accordingly. Adopted this 25t" day of January 2010. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) (If two or more pages see next page) - Notice watermark on all pages. Resolution xxxx The Mounds View Vision A Thriving Desirable Community Page 2 (Do not leave only the signatures on the second page, modify first page to fit if necessary. See assistance if necessary). The Mounds View Vision A Thriving Desirable Community 2024 Possible Mounds View City Code Amendments 1) Chapter 120 — Mobile Food Vehicles and Vendors — Better define vendor. Need to address those selling food from tents, tables, etc. What are they called? What about the Lions? What about vendors at Pinewood Carnival? Kimchi Festival? Need to clarifv these types of events. Or remove licensing requirement entirely. Require proof of County/State licensing and property use authorization. We can have Ramsey County contact us when food truck licenses for locations in Mounds View are issued. (Attachment) Policy Issues 1. Public Health (food safety) 2. Impact to Brick and Mortar that pay property taxes 3. Optics — Visual/Storage Current Ordinance — We license to control the number of days they operate in a location (21 days) 120.003. Ramsey County regulates all food and licenses Food Trucks — this addresses Policy issue #1. Council may consider their impact to local brick and mortar restaurants that pay property taxes as a public policy issue. Absent a substantive fee, the current revenue only offsets the administrative costs in issuing the license. In terms of Optics (some might say they are ugly) but difficult to differentiate from other large objects, trucks, RV, Boats, etc. Other than requiring them to be in good order or outright prohibition — difficult to regulate. Circle Pines, Lauderdale, Arden Hills, Little Canada, Vadnais all do not license. Arden Hills used to until the county started licensing after which they stopped. White Bear Lake does — concerns over street parking/obstruction (in their downtown area). Champlin does but is considering discontinuing. Staff Recommendation 1. Discontinue licensure as County addresses the greatest concern, public health from preparation and serving of food. 2. By Code, require that Mobile Food Trucks be licensed by the County or State Department of Agriculture. Failure to do so makes them subject to penalty/fines under chapter 10.099 3. By Code — restrict parking as council deems appropriate (not allowed on streets for more than X days, not allowed ??? 2) 111.02, Remove the definition "Amusement Center" from the zoning code. Also remove from Chapter 10.999 General Penalty and Enforcement. Policy Issues We have none in Mounds View and have previously removed the section of code pertaining to them. However, the definition still remains in the code book. Chapter 111.020 no longer exists but is referenced still referenced in the definition. AMUSEMENT CENTER. Any building, structure or tract of land which has as its principal use or activity the providing of any of the amusements listed in § 111.020 of this code of ordinances and conforms to the definition of amusement center as provided for in § 111.020 of this code of ordinances. Staff Recommendation — Remove definition. 3) Add "Food Trucks, Peddlers and Solicitors to list of citations that are able to be issued the City Administrator (or any other license that is not mentioned that is issued by Admin) Chapter 10.999 Penalty and Enforcement Policy Issues: Scofflaws — Administrative fines/penalty are easier to administer and still maintain our option to have a citation issued by PD or Code. Typically, a letter/fine is effective in obtaining compliance Staff Recommendation — Add Food Trucks, Peddlers, and Solicitors to list of citations Administrator can issue. 4) Add revised fence drawi Policy Issue: to Zonina Code (Attachment This is technical nature, simply updating the drawing to improve clarity on where a fence can and cannot go. Staff Recommendation — Replace old drawing with new one. 5) Outdoor special Event Ordinance (Create New Ordinance/Chapter) Policy Issues Council discussed this at a prior workshop with direction to staff to research other communities. Large communities such as Blaine and Roseville do have permits but also large venues where events could take place. Arden Hills, Vadnais Heights, Little Canada and New Brighton — cities similar in size to Mounds View and in Ramsey County have either no event permit or minimal regulation (two have permits related to controlling parking). While there remains some risk of an event at Silverview or the Community Center, both of those require a reservation which gives us "advance" warning should we have a concern. And given no alcohol is allowed in our parks (sans Festival), and we issue a license/permit if in the community center — there is probably minimal concern on regulation of these types of events. 6) Remove ice houses and furrieries anywhere in Zoning Code. Policy Issues: Bad actors and Code purity! — We have now or are ever likely to have ice houses for furriers operating in the city of Mounds View. Further— the DNR regulates both adequately, thus the city need not. Staff Recommendation - Remove 7) Noxious Weeds Ordinance, also take common milkweed out of the noxious invasive section (91.020) (Attachment) Policy Issues — Staying current with MN DNR List Staff Recommendation — Update Code to just reference MN DNR official list, thus when that changes, the list stays updated without having to amend the ordinance. 8) Noise Ordinance (Zoning 160 and Nuisances 91.008) 6 am vs. 7 am (conflicting times (Attachment) Policy Issues — Inconsistency from one code section with another. Staff Recommendation — Update code to either 6 AM or 7 AM. Recommend 7 AM 9) Home Occupations - Massage therapy and Accessory Dwelling Units NOTE — These are not related policy wise, they do both appear in same section of code Massage Therapy Policy Issue — Argument can be made that by allowing/permitting you support. Home occupations are more difficult to regulate and massage therapy operations — home or commercial have more history of issues as compared to other. Accessory Dwelling Units — Was talked about previously but put on hold until a full council was seated. Policy issue is balancing home/property owner rights, need for affordable housing with community optics of having "tiny" homes on residential lots which are required by code to be of a minimum size. Staff Recommendation — Update as council wishes. 10) Driveway standards, variance - Current code requires residents to come into compliance with our standards as part of any street project. Policy Issues - Need discretion to determine that based on the "magnitude" of the street project. If it just a mill and overlay and little to no curb work is being done, then council may wants to be able to determine if we enforce compliance with the driveway standard. Code states we will assess, he have not been assessing so we need to update that, but NOT take it out, rather, state that council will determine assessments on a project by project basis ... some day we might have to assess. Staff Recommendation — Update as council wishes. Items 117 12) 13 14 — Related to Pets/Bees/Other Related Policy Issues — What animals does council want to license/regulate and to what degree? What defines a kennel — Boarding and Breeding? Number of dogs?, etc. Do we need to license dogs and why? Prior main reason was ability to return the pet if found loose, most pets now are chiDDed and very few of our doas are actuallv licensed. Staff Recommendation — Update as council wishes 11) Chapter 90.002 Definitions (Dog Kennel) (1) COMMERCIAL. Any premises where more than four five? dogs over six months of age are owned, boarded, bred, kept or harbored. (2) RESIDENTIAL. Any premises where three or (or five??) dogs over six months of age are owned, boarded, bred, kept or harbored. 12) Chapter 90.003 — Remove dog licensing requirements? 13) 90.003 — Change to "three" 8. Permits expire on December 31 of each year and shall be renewed annually. Permits may be revoked or denied by the City Council based on cruelty, negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. (2) Restrictions. It is unlawful for a dog owner to keep or raise more n two do except as allowed under § 90.903(H) of this chapter_ It is unlawful to keep or raise a dome i r farm animal if it creates a public nuisance and adversely affects the public health and welfare. {•7l I.a. iw w11; 1 +:wa wF w^ti rrw:r 4L^ 16 . t, II "— 65 -. A..6.. .-9 w 1-w11w.ti -":w -- -J IL-..-. M-1; _ n.z.,#.xwi 4 14) Annual communication/license renewal for honeybee -keeping. Maybe just a form that they fill out annually to keep us informed as to the status of their license. (Add to Chapter 90) 15) Permitting campaign signs in ROW of private property owners during election periods consistent with State Guidelines/Rules for beginning and end. Section CHAPTER 120: MOBILE FOOD VEHICLES AND VENDORS 120.001 Definitions 120.002 License required 120.003 License requirements 120.004 Licensing exceptions 120.005 Ineligibility for license or registration 120.006 License denial procedure 120.007 Suspension and revocation 120.008 Transferability 120.009 Restrictions § 120.001 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ISSUING AUTHORITY. The City Administrator or its authorized designee. LICENSING TERM. Licenses may be issued for terms of one day, 30 days or one year. MOBILE FOOD VEHICLE. Any vehicle or trailer used for the purpose of selling food or beverage prepared for consumption inside the vehicle and while the vehicle is parked. MOBILE FOOD VENDOR. Any vehicle or trailer used for the purpose of selling prepackaged food or beverages while parked or while going from street -to -street including, but not limited to, ice cream trucks/vendors. (Ord. 980, passed 09-13-2021) What about stationary vendors (tents selling non -packaged and ackagqed food. 120.D02 LICENSE REQUIRED. It is unlawful for any person to sell food or beverages out of a mobile food vehicle in the city or operate as a mobile food vendor in the city without a license from the city issued under this chapter. Any person operating pursuant to a duly issued license required in this chapter does not need a separate city license under Ch. 113 of the city code. (Ord. 980, passed 09-13-2021) § 120.003 LICENSE REQUIREMENTS. (A) Application. Applications for mobile food vehicle licenses and mobile food vendor licenses will be made on forms supplied by the city. All license applications must be submitted to the issuing authority a minimum of 15 regular business days before the applicant desires to begin conducting business within the city. The issuing authority may require such information on the application, as it deems reasonable and necessary. (13) Fee. All applications for a license shall be accompanied by a fee established in the city's approved fee schedule. (C) Licensing procedure. Upon receipt of the application and of the license fee, the issuing authority will, within three regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If an application is determined incomplete, the issuing authority must inform the applicant of what required or otherwise necessary information is missing. If the application is complete, the issuing authority will forward the application to any other department deemed necessary to conduct background checks and investigations, as required in division (D) of this section, and to verify eligible zoning locations. Within 15 regular business days of receiving a completed application, the issuing authority must issue the license unless grounds exist for denying the license application under § 120.005. (D) Background check. The city will perform a background investigation on any and all persons that will conduct any mobile food vehicle or mobile food vendor operations in the city. (E) License duration. (1) Licenses for mobile food vehicles may be issued for periods of one day, 30 days, or one year. Applicants may choose one from the following three types of licenses during the initial application process: (a) A one -day license that shall be valid for one day from 12:00 a.m. to 11:59 p.m. (b) A 30-day license that shall be valid for 30 days from the date of issuance. (c) A one-year license that shall be valid for one year from the date of issuance. (2) Licenses for mobile food vendors may be issued for periods of one day or one year. (a) A one -day license shall be valid for one day from 12:00 a.m. to 11:59 p.m. (b) A one-year license shall be valid for one year from the date of issuance. (F) Display of license. All licenses issued shall be visibly displayed or accessible on the inside of the vehicle or trailer at all times during business conduction. (G) ID badges. Any individual preparing or selling products from a mobile food vehicle or otherwise operating as a mobile food vendor must pass a background check as part of the licensing process. The city will issue ID badges to each approved individual and said badges shall be worn at all times while operating within the city pursuant to this chapter. (H) Site plan. Applicants shall provide a site plan showing the location of the parked truck or trailer on the property and its distance from all permanent structures and property lines (moving mobile food vendors are exempt from this requirement). (1) Location duration. Applicants shall operate no more than 21 days annually at any one place without the approval of the regulatory authority as defined in Minnesota Statutes. (J) Insurance. Applicants shall provide, along with their application, a certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance: (1) Commercial general liability insurance with a limit of not less than $1,000,000 per each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $ 1,500,000; (2) Automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any automobile, including owned, hired, and non - owned vehicles; (3) Food products liability insurance, with a limit of not less than $1,000,000 per each occurrence; and (4) Workers compensation insurance (statutory limits) or evidence of exemption from state law. (Ord. 980, passed 09-13-2021) § 120.004 LICENSING EXCEPTIONS. (A) City events. Mobile food vehicles and mobile food vendors participating in organized events approved by the city, including, but not necessarily limited to, city -sanctioned festivals, shall be exempt from the licensing requirements of this chapter; provided, however, that said mobile food vehicles and mobile food vendors otherwise adhere to any county or state licensing requirements or any other city requirements related to such organized events. (B) Private events. Mobile food vehicles and mobile food vendors participating in events that are entirely private and not open to the public are not exempt from the licensing requirements of this chapter; however, no background investigations shall be required. Written authorization from the property owner is required. Mobile food vehicles and vendors may be allowed on city -owned property, including parks, with prior authorization in writing from the City Administrator or its designee. (Ord. 980, passed 09-13-2021) § 120.005 INELIGIBILITY FOR LICENSE OR REGISTRATION. The following shall be grounds for denying a license or registration required under this chapter: (A) The failure of an applicant to obtain and demonstrate proof of all necessary licenses or permits required by state, county, or local health and transportation authorities. (B) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (C) The failure of an applicant to sign the application. (D) The failure of an applicant to pay the required fee, if any, at the time of application. (E) A conviction within the past five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license or registration is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person or property. (F) The revocation within the past five years of any similar licenses issued to an applicant in any jurisdiction. (G) Evidence of any unresolved or ongoing government or legal action against the business filed by any state or government entity. (H) The existence of three or more substantiated complaints about the business conduct within the preceding three years from city residents or other jurisdictions where licenses have been issued to the applicant. (1) When the issuing authority has learned the applicant has changed any name or names relating to the applicant or business in an attempt to hide or escape any legal obligation(s). (J) If after investigation, the issuing authority finds the character and business responsibility of the applicant to be unsatisfactory or a potential harm to the public. (K) The failure to meet or comply with fire codes or safety standards upon inspection completed by any local, county, or state authorities. (Ord. 980, passed 09-13-2021) § 120.006 LICENSE DENIAL PROCEDURE. If the city denies the license or registration application, the applicant must be notified in writing of the decision and the reason for denial. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to appeal the denial by requesting in writing, within ten calendar days of receiving notice of denial, a hearing before the City Council. The City Council shall then hear the appeal within 20 calendar days of the date of the request for a hearing and, during or before its next regular meeting, shall either affirm or reverse the denial and make written findings supporting its decision. (Ord. 980, passed 09-13-2021) § 120.007 SUSPENSION AND REVOCATION. (A) Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the issuing authority for violation of any of the following: (1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (2) Fraud, misrepresentation or false statements made during the course of the licensed activity. (3) Subsequent event to which the granting of the license could have been denied under § 120.005. (4) Engaging in any prohibited activity as provided under § 120.009. (B) Notice and right to hearing. Prior to revoking or suspending any license, the issuing authority shall provide a license holder with written notice of the alleged violations and inform the licensee or registrant of his or her right to a hearing on the alleged violations. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to a hearing. If no request for a hearing is received within ten calendar days following the service of the notice, the issuing authority may proceed with the suspension or revocation. For the purpose of a mailed notice service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled before the City Council within 20 calendar days from the date of the request. During or before its next regular meeting following said hearing, the City Council shall make a decision regarding suspension or revocation and make written findings supporting said decision. (C) Emergency. If, in the discretion of the issuing authority, imminent harm to the health or safety of the public may occur if any operations licensed under this chapter are allowed to continue, the issuing authority may immediately suspend a license and provide notice of the right to hold a subsequent hearing as prescribed in division (B) of this section. Immediate suspension shall result unless and until the City Council holds a hearing and makes a subsequent determination pursuant to the process outlined in said division (B). (Ord. 980, passed 09-13-2021) § 120.008 TRANSFERABILITY. No license or registration issued under this chapter is transferable. (Ord. 980, passed 09-13-2021) § 120.009 RESTRICTIONS. No person licensed hereunder to operate as a mobile food vehicle or mobile food vendor shall conduct business in any of the following manners and in the following areas: (A) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible. (B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (C) Conducting business in a way as to create a threat to the health, safety and welfare of any specific individual or the general public. (D) Conducting business before 7:00 a.m. or after 10:00 p.m., unless expressly authorized in the license issued hereunder. (E) Failing to provide proof of license and identification when requested. (F) Using the license of another person. (G) Alleging false or misleading statements about the products being sold, including untrue statements of endorsement. No mobile food vehicle or mobile food vendor shall claim to have the endorsement of the city solely based on the city having issued a license to that person. (H) Remaining on the property of another when requested to leave or returning to that property after leaving, without written permission of the property owner. (1) Otherwise operating their business in any manner that a reasonable person may find obscene, threatening, intimidating or abusive. (J) Conducting business in a city park or parking lot unless expressly authorized in the license issued hereunder. (K) Operate business less than 2,000 feet away when there is a permit issued for another food or similar permitted event, festival, celebration, or tournament at the same location unless expressly authorized in the license issued hereunder. (L) Failing to maintain their vehicle or trailer in good repair, order, and neat appearance. (M) Failing to clean up around their vehicle or trailer at the end of each business day. (N) Dispensing liquid and or other waste products from their vehicle or trailer on to city, public, and private property. (0) Conducting business less than 2,000 feet away from any food service business unless expressly authorized by the city. (Ord. 980, passed 09-13-2021) CHAPTER 120: MOBILE FOOD VEHICLES AND VENDORS Section Better define vendor. Need to address 120.001 Definitions those selling food from tents, tables, etc. What are they called. (i.e., last 120.002 License required year the one vendor at Silver View Park brought a table and set up. 120.003 License requirements Lions? 120.004 Licensing exceptions 120.005 Ineligibility for license or registration Pinewood Carnival, Kimchi Festival. Need to clarify these types of events. 120.006 License denial procedure 120.007 Suspension and revocation 120.008 Transferability 120.009 Restrictions § 120.001 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ISSUING AUTHORITY. The City Administrator or its authorized designee. LICENSING TERM. Licenses may be issued for terms of one day, 30 days or one year. MOBILE FOOD VEHICLE. Any vehicle or trailer used for the purpose of selling food or beverage prepared for consumption inside the vehicle and while the vehicle is parked. MOBILE FOOD VENDOR. Any vehicle or trailer used for the purpose of selling prepackaged food or beverages while parked or while going from street -to -street including, but not limited to, ice cream trucks/vendors. (Ord. 980, passed 09-13-2021) § 120.002 LICENSE REQUIRED. It is unlawful for any person to sell food or beverages out of a mobile food vehicle in the city or operate as a mobile food vendor in the city without a license from the city issued under this chapter. Any person operating pursuant to a duly issued license required in this chapter does not need a separate city license under Ch. 113 of the city code. (Ord. 980, passed 09-13-2021) § 120.003 LICENSE REQUIREMENTS. (A) Application. Applications for mobile food vehicle licenses and mobile food vendor licenses will be made on forms supplied by the city. All license applications must be submitted to the issuing authority a minimum of 15 regular business days before the applicant desires to begin conducting business within the city. The issuing authority may require such information on the application, as it deems reasonable and necessary. Too much or no? Also, a fire permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors. (MSF 105.6.30) Isaiah (13) Fee. All applications for a license shall be accompanied by a fee established in the city's approved fee schedule. (C) Licensing procedure. Upon receipt of the application and of the license fee, the issuing authority will, within three regular business days, determine if the application is complete. An application will be considered complete if all required information is provided. If an application is determined incomplete, the issuing authority must inform the applicant of what required or otherwise necessary information is missing. If the application is complete, the issuing authority will forward the application to any other department deemed necessary to conduct background checks and investigations, as required in division (D) of this section, and to verify eligible zoning locations. Within 15 regular business days of receiving a completed application, the issuing authority must issue the license unless grounds exist for denying the license application under § 120.005. (D) Background check. The city will perform a background investigation on any and all persons that will conduct any mobile food vehicle or mobile food vendor operations in the city. What about one -day (E) License duration. events? (1) Licenses for mobile food vehicles may be issued for periods of one day, 30 days, or one year. Applicants may choose one from the following three types of licenses during the initial application process: (a) A one -day license that shall be valid for one day from 12:00 a.m. to 11:59 p.m. (b) A 30-day license that shall be valid for 30 days from the date of issuance. (c) A one-year license that shall be valid for one year from the date of issuance. (2) Licenses for mobile food vendors may be issued for periods of one day or one year. (a) A one -day license shall be valid for one day from 12:00 a.m. to 11:59 p.m. (b) A one-year license shall be valid for one year from the date of issuance. (F) Display of license. All licenses issued shall be visibly displayed or accessible on the inside of the vehicle or trailer at all times during business conduction. (G) ID badges. Any individual preparing or selling products from a mobile food vehicle or otherwise operating as a mobile food vendor must pass a background check as part of the licensing process. The city will issue ID badges to each approved individual and said badges shall be worn at all times while operating within the city pursuant to this chapter. (H) Site plan. Applicants shall provide a site plan showing the location of the parked truck or trailer on the property and its distance from all permanent structures and property lines (moving mobile food vendors are exempt from this requirement). City should perform on -site inspection of set up/vehicle? (1) Location duration. Applicants shall operate no more than 21 days annually at any one place without the approval of the regulatory authority as defined in Minnesota Statutes. (J) Insurance. Applicants shall provide, along with their application, a certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance: (1) Commercial general liability insurance with a limit of not less than $1,000,000 per each occurrence. If such insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $ 1,500,000; (2) Automobile liability insurance with a limit of not less than $1,000,000 combined single limit. The insurance shall cover liability arising out of any automobile, including owned, hired, and non - owned vehicles; (3) Food products liability insurance, with a limit of not less than $1,000,000 per each occurrence; and What is this? (4) Workers compensation insurance (statutory limits) or evidence of exemption from state law. (Ord. 980, passed 09-13-2021) § 120.004 LICENSING EXCEPTIONS. sponsored? (A) City events. Mobile food vehicles and mobile food vendors participating in organized events approved by the city, including, but not necessarily limited to, city -sanctioned festivals, shall be exempt from the licensing requirements of this chapter; provided, however, that said mobile food vehicles and mobile food vendors otherwise adhere to any county or state licensing requirements or any other city requirements related to such organized events. (B) Private events. Mobile food vehicles and mobile food vendors participating in events that are entirely private and not open to the public are not exempt from the licensing requirements of this chapter; however, no background investigations shall be required. Written authorization from the property owner is required. Mobile food vehicles and vendors may be allowed on city -owned property, including parks, with prior authorization in writing from the City Administrator or its designee. (Ord. 980, passed 09-13-2021) § 120.005 INELIGIBILITY FOR LICENSE OR REGISTRATION. The following shall be grounds for denying a license or registration required under this chapter: (A) The failure of an applicant to obtain and demonstrate proof of all necessary licenses or permits required by state, county, or local health and transportation authorities. (B) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (C) The failure of an applicant to sign the application. (D) The failure of an applicant to pay the required fee, if any, at the time of application. (E) A conviction within the past five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license or registration is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person or property. (F) The revocation within the past five years of any similar licenses issued to an applicant in any jurisdiction. (G) Evidence of any unresolved or ongoing government or legal action against the business filed by any state or government entity. (H) The existence of three or more substantiated complaints about the business conduct within the preceding three years from city residents or other jurisdictions where licenses have been issued to the applicant. (1) When the issuing authority has learned the applicant has changed any name or names relating to the applicant or business in an attempt to hide or escape any legal obligation(s). (J) If after investigation, the issuing authority finds the character and business responsibility of the applicant to be unsatisfactory or a potential harm to the public. (K) The failure to meet or comply with fire codes or safety standards upon inspection completed by any local, county, or state authorities. (Ord. 980, passed 09-13-2021) § 120.006 LICENSE DENIAL PROCEDURE. If the city denies the license or registration application, the applicant must be notified in writing of the decision and the reason for denial. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to appeal the denial by requesting in writing, within ten calendar days of receiving notice of denial, a hearing before the City Council. The City Council shall then hear the appeal within 20 calendar days of the date of the request for a hearing and, during or before its next regular meeting, shall either affirm or reverse the denial and make written findings supporting its decision. (Ord. 980, passed 09-13-2021) § 120.007 SUSPENSION AND REVOCATION. (A) Generally. Any license issued under this chapter may be suspended or revoked at the discretion of the issuing authority for violation of any of the following: (1) Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form. (2) Fraud, misrepresentation or false statements made during the course of the licensed activity. (3) Subsequent event to which the granting of the license could have been denied under § 120.005. (4) Engaging in any prohibited activity as provided under § 120.009. (B) Notice and right to hearing. Prior to revoking or suspending any license, the issuing authority shall provide a license holder with written notice of the alleged violations and inform the licensee or registrant of his or her right to a hearing on the alleged violations. Notice shall be delivered in person or by regular mail to the applicant at the address provided in the application and shall inform the applicant of the applicant's right to a hearing. If no request for a hearing is received within ten calendar days following the service of the notice, the issuing authority may proceed with the suspension or revocation. For the purpose of a mailed notice service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated time frame, a hearing shall be scheduled before the City Council within 20 calendar days from the date of the request. During or before its next regular meeting following said hearing, the City Council shall make a decision regarding suspension or revocation and make written findings supporting said decision. (C) Emergency. If, in the discretion of the issuing authority, imminent harm to the health or safety of the public may occur if any operations licensed under this chapter are allowed to continue, the issuing authority may immediately suspend a license and provide notice of the right to hold a subsequent hearing as prescribed in division (B) of this section. Immediate suspension shall result unless and until the City Council holds a hearing and makes a subsequent determination pursuant to the process outlined in said division (B). (Ord. 980, passed 09-13-2021) § 120.008 TRANSFERABILITY. No license or registration issued under this chapter is transferable. (Ord. 980, passed 09-13-2021) § 120.009 RESTRICTIONS. No person licensed hereunder to operate as a mobile food vehicle or mobile food vendor shall conduct business in any of the following manners and in the following areas: (A) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible. (B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (C) Conducting business in a way as to create a threat to the health, safety and welfare of any specific individual or the general public. (D) Conducting business before 7:00 a.m. or after 10:00 p.m., unless expressly authorized in the license issued hereunder. (E) Failing to provide proof of license and identification when requested. (F) Using the license of another person. (G) Alleging false or misleading statements about the products being sold, including untrue statements of endorsement. No mobile food vehicle or mobile food vendor shall claim to have the endorsement of the city solely based on the city having issued a license to that person. (H) Remaining on the property of another when requested to leave or returning to that property after leaving, without written permission of the property owner. (1) Otherwise operating their business in any manner that a reasonable person may find obscene, threatening, intimidating or abusive. (J) Conducting business in a city park or parking lot unless expressly authorized in the license issued hereunder. (K) Operate business less than 2,000 feet away when there is a permit issued for another food or similar permitted event, festival, celebration, or tournament at the same location unless expressly authorized in the license issued hereunder. Why? (L) Failing to maintain their vehicle or trailer in good repair, order, and neat appearance. (M) Failing to clean up around their vehicle or trailer at the end of each business day. (N) Dispensing liquid and or other waste products from their vehicle or trailer on to city, public, and private property. (0) Conducting business less than 2,000 feet away from any food service business unless expressly authorized by the city. (Ord. 980, passed 09-13-2021) Permitted Fence Location for Corner Lots (2 sides of street frontage) F------------ I Fence Heights: ! I — — — — 8' or less i — — — — 6' or less ....................... 4' or less Chain link only Side I Line of I Garage House House I I I I Line of LT:1 Only chain link fences 4'tall or less are Line allowed within 30' of a property cornerHouseformed by two street right of ways. ........................................................................................... ............r•::c::::::::::::::::::...._.,.._ Street Frontage 1 r 30 Permitted Fence Location for Interior Lots (only 1 side of street frontage) — — — — — — — — — — — — — — — — — — — — — — — — -.......................... I I Fence Heights: I I ----- 8'orless I ............. 4' or less I * NOTES: 1. No fences shall be installed directly upon or over a property line. 2. The good side of a fence shall face 1 nninhhnrinn nrnnnrfinc 3. No fence taller than 4' shall be I located between the front line of the house and the front property line. I I — — — — — — — — — — — — — — — — — — — — — — — — ---- Front Line of House 2401 Mounds View Blvd * Mounds View, MN 55112 Phone: 763.717.4020 Website: www.moundsviewmn.org Email: Permits@moundsviewmn.org CD cv c 0 u_ a� U) 3'J Property line is not the curb or sidewalk & must be established N 0) c 0 U- (D N L U) ORDINANCE NO. XXX CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 91.020 OF THE MOUNDS VIEW CITY CODE REGARDING THE UNLAWFUL GROWTH OF EXCESSIVE WEEDS. THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. SECTION 1. The City Council of the City of Mounds View hereby amends Title 9, Chapter 91, Section 91.020 (A) of the Mounds View Municipal Code by adding the double -underlined material and deleting the striven material as follows: § 91.020 PERMITTING EXCESSIVE GROWTH OF GRASS AND WEEDS UNLAWFUL. (A) All uncultivated grass and noxious weeds, as defined by the Minnesota Department of Agriculture's "Noxious Weed List". ' , (eemmen), thistle, eeeklebtfff jimsen, bWe vervain, eeniffien milk weed, wild , ivy, wild mustafd, r-ough pigweed, lambsquaftef, wild lettuee, etir4ed deek, sfHaft weeds (all , are a menace to health and weeds etheis to p4 he health of welfare-, are hereby declared to be a public nuisance. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on: Second Reading and Adoption by the Mounds View City Council on: Publication Date: Zach Lindstrom Mayor Attest: Nyle Zikmund City Administrator (SEAL) 2024. 2024. , 2024. MU210-54-836068.v1 From: Barb Benesch To: We Zikmund Cc: Barb Benesch Subject: RE: Dogs and Noise Date: Tuesday, September 26, 2023 6:39:46 AM Attachments: imaae001ma § 160.033 NOISE. o®o® (A) All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the intensity in relation to sound frequency as established in Minn. Rules Ch. 7030 as it may be amended from time to time. (B) The following are exceptions to standards established in division (A) above: (1) Noises not directly under the control of the property owner; (2) Noises emanating from construction and maintenance activities between 6,00 a.m. and 10:00 p.m. on weekdays; and (3) The noise of safety signals, warning devices and emergency pressure relief valves. 91.008 — Noise Control Regulations (Health and Sanitation; Nuisances) (B) Loud or disturbing noises enumerated; restrictions. The following acts set forth in divisions (13)(1) through (B)(3) below are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive: (1) Construction or repairing of buildings. The erection, including excavating, demolition, alteration or repair of any building between the hours of 10:00 p.m. and 7:00 a.m., Monday through Sunday. The City Administrator may grant authority for work to occur at any time in the event of an emergency or when it is found that the activity would not affect the health, safety, comfort and repose of persons in the vicinity; (2) Nighttime noise in residential areas; parties. (a) No person shall, between the hours of 10:00 p.m. and 7:00 a.m., participate in any loud party or gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area. (b) Loud noises between the hours of 10:00 p.m and 7-00 a.m. of a volume as to be plainly audible at a distance of 100 feet from the residential premises wherein a loud party or gathering is located shall be prima facie evidence of a violation of this section. 50.006 — License to Haul Required (Garbage and Recycling) (B) Operating requirements and restrictions. (1) All licensees. All licensees shall comply with all of the following requirements and restrictions. (a) Hours and days of operation. No hauler shall operate in a residential district after 6:00 p.m. or before 7:00 a.m. of any day, and no hauler shall operate in a residential district on Sundays or legal holidays. Collection of solid waste for single-family residences shall occur only on Thursdays, except when Thursday is a legal holiday. In the case of a legal holiday, the collection will occur the following business day. Slight schedule changes may be made, with sufficient advance notice by the hauler for adverse weather conditions or other. Barb Benesch Executive Administrative Assistant 763.717.4018 w 1763.717.4019 f 2401 Mounds View Boulevard Mounds View I MN 155112 M-TH 7:00 a.m. - 5:00 p.m. MOM ORDINANCE NO. xxx CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE, TITLE XV, CHAPTER 160.087, RELATED TO HOME OCCUPATIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title XV, Chapter 160.087 of the Mounds View City Code, regarding Home Occupations. SECTION 2. The City Council of the City of Mounds View hereby amends Title XV, Land Usage, Chapter 160, Zoning, Section 160.087 related to Home Occupations by inserting the underlined language and removing the striEken language, and updating numbering as follows: § 160.087 ACCESSORY USES. The following are permitted accessory uses in an R-1 District: (C) Home occupations. The regulation of home occupations within residential structures and accessory buildings is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: (1) Involves employees other than persons residing on the premises; (2) Involves alteration or construction features not customarily found in dwellings or accessory buildings; (3) Has an exterior display or sign in excess of one square foot. The sign, for identification purposes only, shall be located on either the principal structure or garage. Any sign existing prior to 12-29-1972 shall not be enlarged, but may be continued at the size and location upon the date, except as hereinafter specified or subsequently amended. Any sign erected after 12-29-1972, but prior to the effective date hereof shall come into compliance herewith by 04-01-1983; (4) Involves exterior storage of equipment or materials; (5) Generates any on -street parking. All vehicles associated with a home occupation shall be parked off-street and in compliance with the city's parking requirements; (6) Results in violation of the provisions of Ch. 91 of this code of ordinances; (7) Involves activity visible from the public streets; Ordinance No. xxx Page 2 (8) Massage therapy, subject to the requirements of Chapter 114 of this code of ordinances. —(&) Day care center, group nursery or adult day care operating as a secondary or accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions, such as churches, chapels, temples and synagogues; subject to the following conditions. 0) M No overnight facilities are provided for the persons served. The individuals shall be transported to and from the facility daily. M ) All signing and informational or visual communication devices shall meet the requirements of Ch. 161 of this code of ordinances. (0 3) The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter. 0) 4) No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in Ch. 110 of this code of ordinances, or a license for an adult establishment, as provided in Ch. 116 of this code of ordinances, is 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food. (e) 5) The operator shall secure all necessary county or state licenses and approvals. (9) Massage therapy, subjeGt to the requirements of Ch. 114 of this Gode of ordinancec (9) (E) Recreational facilities. Swimming pools, patios, decks, gazebos, swing sets, play systems and play houses, outdoor living rooms, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. The facilities shall be set back five feet or more from a property line, except swimming pools, which shall be set back ten feet or more from a property line. (E-) Boarding. Boarding or renting of rooms to not more than two roomers or boarders. {Fyn Other uses. Other allowed uses incidental to the dwelling unit, including but not limited to: clothes lines and poles; lawn and garden ornaments and other landscaping features; and pet house, facility or kennel. A pet house, facility or kennel shall be set back five feet or more from a property line. {G) (H) Solar energy sources and systems and the like. Solar energy sources and systems and geothermal energy sources and systems as regulated by §§ 160.435 through 160.439 of this chapter. {-H-) ID Columbaria. Columbarium as an accessory use to a religious institution; subject to the following conditions. Ordinance No. xxx Page 3 (1) The religious institution must own the property on which the columbarium is placed. (2) The exterior of the columbaria must be stone, brick, bronze, stainless steel or aluminum. (3) The combined square footage of all accessory buildings, including columbaria, shall not exceed 1,800 square feet. (4) Columbaria shall only be placed in a side yard or rear yard area. (5) Columbaria shall have a minimum side yard and rear yard setback of five feet. (6) Columbaria height shall not exceed 18 feet or that of the principal structure, whichever is less. (7) If the religious institution ceases operation, all urns and remains must be removed from the property within three months. { 4 (J) Accessory dwelling unit (internal). (1) One accessory dwelling unit may be located on a lot occupied by a single- family home (principal dwelling). The lot must comply with minimum dimensional standards. The accessory dwelling unit shall be located within the existing single-family home and shall not require any exterior modifications to the existing home, excluding doors and windows; (2) The single-family home or the accessory dwelling unit shall be occupied by the property owner. The property shall be homesteaded; (3) An internal accessory dwelling unit shall have a minimum gross floor area of 300 square feet and a maximum gross floor area not to exceed the area of the floor above or below it (excluding floor overhangs); (4) A minimum of one off-street parking space shall be provided to the accessory dwelling unit; (5) Accessory dwelling units shall be licensed as a rental dwelling, and comply with Ch. 119 of this code of ordinances; (6) Accessory dwelling units shall use the same water and sanitary sewer connections and water meter as the single-family home; Ordinance No. xxx Page 4 (7) Accessory dwelling units with an exterior entrance different than the single- family home's shall have a different address (such as, 2401-A). Addressing shall be compliant with §§ 150.020 through 150.022 of this code of ordinances; (8) If the mailbox post is owned and maintained by the city, then the property owner shall reimburse the city for any alterations or replacement; and (9) The property owner is responsible for additional quarterly utility fees upon creation of an accessory dwelling unit, to include the following: sewer service charge; surface water management utility fee; and street lighting utility fee. SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On , 2023, the City Council adopted Ordinance No. by amending Title XV, Land Usage, Chapter 160, Zoning, Section 160.087 related to Home Occupations. Only cosmetic corrections related to numbering and lettering of this section were made. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on Second Reading and Adoption by the Mounds View City Council on Publication Date: Zach Lindstrom, Mayor Attest: Nyle Zikmund, City Administrator (SEAL) § 160.338 STALL, AISLE AND DRIVEWAY DESIGN. (A) Dimensions. (1) Parking space size. Each parking space shall not be less than nine feet wide and 18 feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. Spaces designed as curbside parallel parking shall be 22 feet in length. (2) Maximum residential driveway widths. (For the purpose of this section, the width of a driveway in an R-1, R-2 or R-5 District shall include any parallel -attached parking area): Residential Zoning District Maximum Driveway Width R-1, Single -Family Residential 35 feet. or the width of the garage, plus an additional 12 feet, whichever is greater Width of the garage servicing dwelling unit R-2, Zero Lot Line Subdivisions (refer to Section 1107.07, subdivision. 3d and 3e of this chapter if driveways are combined) If driveways are separate, width of the garage R-2, Single- and Two -Family Residential or 20 feet, whichever is greater; if combined, width of garages or 36 feet, whichever is greater R-3, Medium Density Residential, and R-4, 32 feet High Density Residential R-51 Mobile Home Park 24 feet (B) Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building or one attached thereto; however, unless provisions are made, no building permit shall be issued to convert the space into a dwelling unit or living area until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. (C) Circulation. Except in the case of single-family, two-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of single- family, two-family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. (D) Dimensions. Except in the case of single-family, two-family and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following minimum standards: Angle Wall to Interlock Minimum Dimension A Interlock to Interlock Minimum Dimension B Wall to Wall Minimum Dimension C 45 degrees 44.8 feet 43.0 feet of 4 7. 0 feet degrees 52.5 feet 51.0 feet 54.0 feet 75 degrees 61.3 feet 61.0 feet 62.0 feet 90 degrees 63.0 feet 63.0 feet 63.0 feet WALL A B ANGLE C (E) Curb cuts and driveway openings. (1) Parking space size. Each parking space shall not be less than nine feet wide and 18 feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. Spaces designed as curbside parallel parking shall be 22 feet in length. (2) Curb cut widths. Widths of curb cuts shall be as follows, subject to requirements of division (E)(5) below: Type of Land Use Maximum Width of Curb Cut Commercial, Industrial (B-1, B-2, B-3, B-4, 1-1) 32 feet Medium Density Residential (R-2, R-3) and High Density Residential (R-4) 32 feet Public Parks and Preservation Areas (R-1, CRP) 32 feet Single -Family Residential (R-1) Manufactured Homes (R-5) 24 feet Zero Lot Line Subdivisions (R-2) (with combined driveways) 36 feet Zero Lot Line Subdivisions (R-2) (with separate driveways) 20 feet (3) Curb cut openings shall be at a minimum of three feet from the lot line in residential districts and five feet from the lot line in business or industrial districts. (4) Driveway access curb openings on a public street, except for single-family, two-family and townhouse dwellings, shall not be located less than 40 feet from one another. (5) Each property elevation of any parking area shall be allowed one curb cut access for each 125 feet of street frontage. All property shall be entitled to at least one curb cut. Single-family uses and zero lot line subdivided lots shall be limited to one curb cut access per property unless, upon application for a variance of this restriction, the Board of Adjustment and Appeals finds that it is in the interest of public safety to waive such. Medium density residential (two to six units) may have two curb cuts; provided, neither curb cut exceeds 20 feet in width. (6) Curb cuts that do not conform to this division (E) may remain in existence unless deemed by the Director of Public Works/Parks and Recreation to be a danger or public safety hazard. Notices to abandon a curb cut may be appealed in writing to the City Council. (7) In conjunction with street improvement projects or in conjunction with individual driveway replacement projects, non -conforming curb cuts shall be made conforming to whatever extent practicable. If, in the opinion of the Directors of Public Works/Parks and Recreation and Community Development, a non -conforming curb cut cannot be made conforming without undue hardship or disruption to the property, the curb cut may remain in existence, unchanged. Decisions regarding curb cuts may be appealed in writing to the City Council. (F) Grade elevation. The grade elevation of any parking area shall not exceed 5%. (G) Surfacing. (1) All areas, as allowed in § 160.055(D) of this chapter, to be utilized for parking space and driveways shall be surfaced with a permanent improved surface material as defined in § 160.012 of this chapter, suitable to control dust, drainage and erosion, meeting the requirements of § 152.003 of this code of ordinances, except as follows: a gravel surface material meeting the specifications of § 152.003(E) of this code of ordinances may be used for parking areas in an R-1 or R-2 District not to exceed 300 square feet or, if to be used as a parking surface for an RV, the minimum area that would encompass the wheel -base area of one recreational vehicle. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the Director of Community Development for review, and the final drainage plan must receive the Director of Public Works/Parks and Recreation's written approval. (2) All areas used regularly for the parking of a vehicle or vehicles shall be serviced by an improved driveway adjoining to the property's primary driveway. Access to separate parking areas shall be achieved only from the property's approved curb cut opening at the street. Regularly accessing parking areas by other means or locations shall be prohibited. (H) Striping. Except for single-family, two-family and townhouses, all parking stalls shall be marked with yellow painted lines not less than four inches wide. (1) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged so to reflect the light away from adjoining property, abutting residential uses and public rights -of -way and be in compliance with § 160.031 of this chapter. (J) Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. All signing must conform to Ch. 161 of this code of ordinances. (K) Curbing and landscaping. (1) Except for single-family and two-family developments, all open off-street parking shall have a perimeter curb barrier around the entire parking lot. (2) The specifications and location of this curb barrier shall comply herewith and with the setback requirements for parking areas stated in § 160.055(D) of this chapter. (3) Grass, plantings or surfacing materials shall be provided in all areas bordering the parking area. (L) Required screening. All open, non-residential, off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with § 160.030(F) of this chapter. (Prior Code, § 1121.09) (Ord. 524, passed 02-22-1993; Ord. 590, passed 11-26-1996; Ord. 620, passed 07-27-1998; Ord. 640, passed 10-11-1999; Ord. 642, passed 01-10-2000; Ord. 756, passed 01-24-2005; Ord. 793, passed 01-30-2008; Ord. 829, passed 09-03-2009; Ord. 869, passed 04-05- 2012) Section CHAPTER 90: ANIMALS AND ANIMAL CONTROL 90.001 Pound established 90.002 Definitions 90.003 Dogs 90.004 Prohibited activities 90.005 Raising, keeping domestic or farm animals 90.006 Non -domestic, wild animals 90.999 Penalty § 90.001 POUND ESTABLISHED. The City Council may designate as the "municipal pound", by resolution, a privately -owned and operated facility that houses animals and is staffed by qualified personnel. The facility may be located within or outside the city. (Prior Code, § 701.02) (Ord. 460, passed 04-24-1989; Ord. 696, passed 04-22-2002) § 90.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL. Any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom. ANIMALS shall be classified as follows. (1) DOMESTIC ANIMALS. Those animals commonly accepted as domesticated household pets. Unless otherwise defined, DOMESTIC ANIMALS shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non -venomous reptiles or amphibians and other similar animals. (2) FARM ANIMALS. Those animals commonly associated with a farm or an agricultural setting. Unless otherwise defined, FARMANIMALS shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys, pheasants), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees and other animals associated with a farm, ranch or stable. (3) NON-DOMESTIC/WILD ANIMALS. Those animals commonly considered to be naturally wild and not usually trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, NON- DOMESTIC/WILD ANIMALS shall include: (a) Any member of the large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards and jaguars, excluding domesticated house cats; (b) Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes and jackals, excluding domesticated dogs; (c) Any crossbreeds of wild animals and domestic animals such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet; (d) Any member or relative of the rodent family including any skunk (whether or not descented), raccoon or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets; (e) Any poisonous, venomous or inherently dangerous member of the reptile family, including rattlesnakes, pit vipers and amphibians such as crocodiles and alligators; and (f) Any other animal which is not explicitly listed above, but which can be reasonably defined by the terms of this section, including, but not limited to, bears, deer and game fish. AT LARGE. Off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord or chained. CITY. Area within the corporate limits of the City of Mounds View, Minnesota. DOG. Canines which are domestic animals. DOG KENNEL. (1) COMMERCIAL. Any premises where more than four dogs over six months of age are owned, boarded, bred, kept or harbored. (2) RESIDENTIAL. Any premises where three or four dogs over six months of age are owned, boarded, bred, kept or harbored. KEEPING. Providing food, water or shelter for domestic or farm animals. OWNER. Any person, persons, firm, association or corporation owning, keeping or harboring an animal. PRIVATE PROPERTY. All residential premises owned by private individuals, including all structures located thereon, front yards, side yards and backyards. RAISING. The maintaining and breeding as a hobby or as a commercial enterprise any domestic or farm animal. SUBSTANTIAL BODILY HARM. A substantial disfigurement or a substantial loss or impairment of the functions of any bodily member or organ, whether temporary or permanent, or a fracture of any bodily member. VICIOUS ANIMAL. Any animal of a ferocious or vicious character, habit, disposition or any animal which has: (1) Killed or inflicted substantial bodily harm on a human, domestic animal or farm animal without substantial provocation; or (2) Been involved in two or more biting incidents without substantial provocation, involving humans, domestic animals or farm animals, within one year. (Prior Code, § 701.03) (Ord. 696, passed 04-22-2002) § 90.003 DOGS. (A) Dog at large prohibited. A dog owner violates this section if his or her dog is at large. (B) Howling and barking. A dog owner violates this section if the dog which, by frequent and habitual howling, yelping, barking or otherwise, causes annoyance or disturbance to two or more persons; provided that, the provisions of this section shall not apply to duly authorized hospitals or clinics conducted for the treatment of small animals. (C) Clean up. Any owner or person having the custody or control of any dog shall: (1) Not permit the dog to be on public property or the property of another without having in his or her immediate possession a device for the collection and removal of feces to a proper receptacle; (2) Remove feces left by a dog to a proper receptacle located on the owner's or custodian's property; except that, droppings in a park may be placed in an outside park trash container; and (3) The provisions of this section shall not apply to a blind person with a guide dog or to a person with dogs engaged in search or rescue activities. (D) Damage to property. No dog owner shall permit a dog to damage any lawn, garden or other property. (E) Licensing and tags. (1) License required; fee established. No dog owner shall keep any dog over six months of age within the municipality unless a license has been issued by the City Administrator for a fee per the city's approved fee schedule. License shall be renewed biennially. The fee for licenses obtained for a period of one year or less shall be one-half of the above fees. (2) Rabies inoculation certificate. A certification from a veterinarian shall accompany an application indicating the following: (a) The dog has been inoculated for rabies within two years from the date of application; and (b) That the dog has been spayed or neutered, when a license is being sought for a spayed female or neutered male. (3) Expiration. All dog licenses issued under this chapter shall expire on September 30 of the year of their expirations. (4) Payment of fee. It shall be the duty of each dog owner to pay the biennial license fee imposed to the City Administrator before October 1 in the year which the license is to be renewed upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in the city. The City Administrator shall cause a notice of the necessity of paying the license fee to be printed in the city newsletter one time each year. (5) Affixing tags. The owner shall cause a city -issued tag to be affixed by a permanent metal fastener to the collar of the dog in such manner that the tag may be easily seen. The owner shall ensure the dog wears the tag at all times when outdoors. (6) Duplicate tags. If a dog tag is lost, a duplicate may be issued by the City Administrator upon presentation of a receipt showing payment of the license fee for the current year. A charge to be determined by the city shall be paid for each duplicate tag. (7) Change of address. A dog owner shall notify the City Administrator of any change of address inside the city within ten days. (8) Refunds. No dog tag shall be transferred to another dog or dog owner and no refund shall be made on any license fee. (9) Offense involving tags. It shall be unlawful to counterfeit or attempt to counterfeit the tags provided for herein or for any person other than the owner to remove from any dog a tag required by this section. (F) Rabies bites. (1) Whenever a dog has bitten a human or a domestic or farm animal, the dog shall be impounded or confined for a period of ten days or more at the expense of the owner of the dog. Except for the time limit, disposition or redemption shall be in accordance with provisions of this chapter. The impoundment or confinement may be waived whenever the dog owner presents to any police officer or a police officer a certificate of a licensed veterinarian indicating that the dog has been vaccinated for rabies on a date not less than 24 months prior to the date of the bite. (2) A dog owner will not keep a dog that has been bitten by any animal known to have been afflicted with rabies. A dog owner who has a dog which has been bitten by an animal known to have been afflicted with rabies shall, upon demand of any police officer or any police officer of the city, surrender the dog to the officer for observation and/or treatment. With the approval of the officer, the dog may be surrendered to a registered veterinarian or to any approved non-profit corporation organized for the purpose of sheltering dogs. (G) Impoundment and redemption. (1) Fees. The dog owner may redeem a dog impounded after the term of impoundment ends by paying an impoundment fee, boarding charge and veterinary service charge. Fees not set by the pound shall be determined per the city's approved fee schedule. (2) Release. Upon purchase or presentation of a current license tag and a receipt for the fees required above, the pound shall release the dog to its owner upon adequate proof of ownership. (3) Disposition and unredeemed animals. Any dog which is not redeemed within the time allowed by this chapter may be sold for not less than the amount provided above to anyone desiring to purchase the dog, if the dog is not requested by a licensed education or scientific institution under M.S. § 35.71, as it may be amended from time to time. Any dog which is not redeemed by the owner or sold shall be disposed of. (4) Time for redemption. All impounded dogs, except those confined for observation of rabies, shall be redeemed within five days, not including Sundays or legal holidays, after the dog was impounded. Any dog not redeemed within five days may be sold, destroyed or otherwise disposed of. (5) Guard dogs. A business that has a guard dog for security purposes shall post a conspicuous notice at the entrance of the premises of the presence regarding the dog. (H) Kennels. (1) Licensing requirements. The owner of a proposed dog kennel shall submit a license application to the City Administrator. Upon receipt of the application, the City Administrator shall schedule a public hearing at a future City Council meeting and shall notify all registered landowners or those occupying land within 500 feet of the proposed kennel at least ten days in advance of the hearing. The kennel license may be issued by the City Council by resolution after a public hearing is held. Kennel licenses shall expire on December 31 of each year. (2) License fee. The annual license fee for dog kennels shall be per the city's approved fee schedule. (3) Cleanliness and order; nuisance declared. Kennels and the premises around the kennel shall be kept in a clean, quiet, orderly and sanitary condition so as not to constitute a nuisance as defined in Ch. 91 of this code or ordinances and in M.S. § 561.01, as it may be amended from time to time. In determining whether a nuisance exists, consideration shall be given to the kennel's location, location of other residences and general character of the neighborhood. (4) Revocation. A kennel license may be revoked by action of the Council for just cause after providing the license holder with an opportunity to be heard. Just cause shall include any violations of this code reasonably related to the operation of the dog kennel and/or treatment of animals. (5) Persons ineligible. No license shall be granted to an applicant who has mistreated animals or has been convicted for animal cruelty offenses. (6) Renewals. Annual renewals of kennel licenses may be approved administratively unless the city has received substantiated complaints related to the dog kennel or any code violations have occurred at the dog kennel during the previous year. (Prior Code, §701.04) (Ord. 696, passed 04-22-2002; Ord. 774, passed 08-14-2006; Ord. 844, passed 05-20-2010; Ord. 890, passed 08-25-2014; Ord. 953, passed 12-10-2018; Ord. 981, passed 11-08- 2021) Penalty, see § 90.999 § 90.004 PROHIBITED ACTIVITIES. (A) Vicious animals. No owner shall keep, or allow on his or her premises, or allow to run at large any vicious animal. Upon conviction for violation of this section, the court may in addition to imposition of sentence, direct the animal control officer to take the animal into custody and forthwith dispose of it in a humane manner. (B) Cruelty to animals. No person shall inhumanely, unnecessarily, cruelly or wantonly beat, injure, torment or otherwise abuse an animal or cause or permit an animal fight. (C) Liability for pets. No owner who is exercising due care by adequately restraining or confining an animal, shall be held liable under this section for any harm the animal causes to any other animal if harmed animal is at large and the harmed animal has entered the area or territory of the animal being legally restrained or confined. (Prior Code, § 701.05) (Ord. 696, passed 04-22-2002) Penalty, see § 90.999 § 90.005 RAISING, KEEPING DOMESTIC OR FARM ANIMALS. (A) (1) Nuisance declared. (a) It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety and welfare for an owner or resident within the city to keep or raise any farm animal, except as noted below. (b) Residents on properties zoned R-1, single-family residential, may be permitted to keep and raise up to 12 chickens and/or ducks under the following conditions and restrictions. 1. Residents seeking approval to keep and raise chickens or ducks shall submit an application, application fee, site plan and coop specifications incorporating generally held best practices. Initial applications shall be considered by the City Council after holding a public hearing on the matter. Renewals may be approved administratively unless the city has received substantiated complaints or related violations have been noted during the previous year. 2. Coop structures shall be set back at least 20 feet from property lines and the subject home; coops shall only be located in rear yards. New coops shall require a permit and shall be considered an accessory building subject to all other conditions referenced in Ch. 160 of this code of ordinances. 3. Coops and the subject property shall be maintained in a clean and sanitary manner and may be subject to city inspection as may be deemed necessary. 4. Backyard areas shall be fenced to confine chickens or ducks to subject property. 5. Neither roosters, nor drakes, shall be permitted. 6. No slaughtering or beheading shall be permitted on the subject premises. 7. Food shall be stored in water -tight, rodent -proof containers. 8. Permits expire on December 31 of each year and shall be renewed annually. Permits may be revoked or denied by the City Council based on cruelty, negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. (2) Restrictions. It is unlawful for a dog owner to keep or raise more than two dogs, except as allowed under § 90.003(H) of this chapter. It is unlawful to keep or raise a domestic or farm animal if it creates a public nuisance and adversely affects the public health and welfare. (3) Investigation of complaints. It shall be the duty of any police officer and the Police Department to investigate all complaints submitted to the Council regarding domestic or farm animals. After investigation, if there appears to be a violation of this chapter, the investigating officer shall issue a citation. (Prior Code, § 701.06) (B) (1) It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety and welfare for an owner or resident within the city to keep or raise any farm animal, except as noted below. (2) Residents on properties zoned R-1. single-family residential, may be permitted to keep and raise honeybees under the following conditions and restrictions. (a) Residents seeking approval to keep and raise honeybees shall submit an application, application fee and site plan. Applications shall be considered by the City Council which shall hold a public hearing on the matter. (b) Applicants for a beekeeping license shall provide proof of applicable training or provide a waiver indicating how required experience has been obtained. (c) Hives shall only be located in rear yards and be set back at least ten feet from property lines and subject home, and at least 25 feet from any public trail or walkway. No more than four hives shall be permitted. Hive openings shall face in toward subject property's backyard. (d) A clean water source shall be provided on the subject property. (e) A beekeeper may receive temporary allowance for an additional hive in the event a swarm is collected and until a new home is found for the colony. In no event shall temporary allowance exceed six months. (f) Equipment shall be maintained in good condition in accordance with accepted best management practices. Unused beekeeping equipment shall be properly disposed of or stored indoors. (g) Licenses are valid indefinitely so long as the hives are operated continuously. License may be revoked or denied by the City Council based on negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. Licenses shall expire upon lapse in use for a period exceeding two years or upon a transfer of property ownership. (Ord. 696, passed 04-22-2002; Ord. 903, passed 06-22-2015; Ord. 908, passed 09-14-2015; Ord. 953, passed 12-10-2018; Ord. 1001, passed 3-13-2023) Penalty, see § 90.999 § 90.006 NON -DOMESTIC, WILD ANIMALS. (A) Restrictions. No person shall have in his or her possession any non -domestic or wild animal. Any non -domestic or wild animal found at large may be immediately destroyed, without notice to the owner, by the direction of any police officer if the wild animal cannot be captured and impounded after reasonable effort or without serious risk of injury to those attempting to impound it or to others. (B) Trapping. It is unlawful to place or set any trap or device designed to kill or capture a wild animal while trespassing on another person's land within the city. No person shall engage in trapping on publicly owned lands within the city. (Prior Code, § 701.07) (Ord. 696, passed 04-22-2002) Penalty, see § 90.999 § 90.999 PENALTY. Any person violating any provision of this chapter shall be guilty of a misdemeanor. (Prior Code, § 701.08) (Ord. 460, passed 04-24-1989; Ord. 696, passed 04-22-2002)