HomeMy WebLinkAbout1967-23 11-30 AP ORDINANCE NO. .,
AN ORDINANCE AMENDING CHAPTER 7 OF
THE CITY ORDINANCES BY REPEALING
PORTIONS THEREOF AND ADDING
PORTIONS THERETO
City of Brooklyn C.nf.r, Minn-of,
THE CiTY COUNCIL OF THE CITY OF
'S "OOKLYN CENTER DOES ORDAIN AS
,LOWS:
'ection 1: Chapter 7 oftheCityOrdt-
f Is hereby amended by the repeal of THE BROOKLYN CENTER POST
the following sections; ,
(Section 7 -201. DISPOSAL OF GARBAGF. (A continuation of the Brooklyn Center Press)
RESTRICTED, It shall be unlawful for any
person either to cause, or allow, garbage AFFIDAVIT OF PUBLICATION
to be deposited or left upon any street,
alley or other public highway, or upon any
land within the Village of Brooklyn Center.
No garbage. shall be deposited in or upon
any public dump hereinafter provided or
established.) STATE OF MINNESOTA
(Section 1 -202. DISPOSAL OF REFUSE SS.
RESTRICTED It shalt be unlawful for any COUNTY OF HENNEPIN
person, firm or corporation tothrow, scatter
upon or deposit, or cause or permit to be
thrown, scattered upon or deposited, any
rubbish, trash, refuse, waste material, de-
caying or offensive matter, or like sub- E. C. L'Herault, being duly sworn, on oath says he is and) during all the times herein stated has been
stance, upon or in any street, public highway, the President of The Post Publishing Co., publisher and printer of the newspaper known as
lake, stream or other body of water, whether THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
frozen or not, or upon or in any land or and has full knowledge of the facts herein stated as follows:
area not designated as a public dump to (1) Said newspaper is printed in the English language in newspaper format and in column and
the Village of Brooklyn Center; provided, sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
however, that any lawful occupant of land and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to
may place such matter on such land for news of lochl interest to the community which it purports to serve and does not wholly duplicate
reasonable periods of time so long as the any other publication and is not made up entirely of patents, plate matter andi advertisements. (4)
same constitutes neither a fire hazard nor Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500
a public or private nuisance.) copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation
(Section 7 -203. APPLICATION AND currently paid or no more than three months in arrears andl has entry as second -class matter in its local
GRANTING OF PERMITS FOR PUBLIC post- office. (5) Said newspaper purports to serve the
DUMPS. The Village Council may grant a Village of Brooklyn Center
special permit for the use of such land as it in the County of Hennepin and it has its known office of issue in the City of Crystal, in said county, estab-
may In its discretion deem desirable and lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of
proper for use as public dumping places subscriptions and maintained by the managing officer of said newspaper or persons in its employ and! subject
in accordance with the provisions of this to his direction and control during all such regular hours and at which time said newspaper is printed.
ordinance. Any person desiring to operate (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
a public dump may make application as newspaper has complied with all the foregoing conditions for at least two years preceding the day or
provided for special permits under the Zon- dates of publication mentioned below. (S) Said newspaper has filed with the Secretary of State of
ing Ordinance of the Village of Brooklyn Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
Center. Notices and hearing shall be in by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
accordance with such ordinance. The Village a notary public stating that the newspaper is a legal newspaper.
Council may impose such restrictions in ,
the permit in addition to those set out in
it irdinance as it deems proper. The He further states on oath that the y printed... ... . . . . . . . . . . . .. ................
f:....:
� .tlon shall be accompanied by an annual _ �
,f Two Hundred Fifty Dollars
o that
or such proportional part of that tee cor- , , , mo t ; ;,,., , , , , , , , . ; , .^y.ti..:....
responding to such shorter :.........
res �, .... ^...:._r.,...w.. �..L ...'..n......
po g periods within
which the permit expires. All special per-
mits issued hereunder shall expire on the hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
30th day of June next following the granting
of the same unless sooner revoked by the
Village Council. Upon favorable action bythe published therein in the English language, once each week, for. successive weeks; that it was
Village Council to grant a special permit
the applicant shall file with the VillageClerk first so published on.....:,., i .. ........ ..:.:::............ the.:. I..... day of ......
:- ......,
a surety bona to be approved by the Clerk
in the amount of Two Thousand ($2,000.00)
Dollars, or such additional amount as the 19:... and was thereafter printed and published on every .......................... to and including
Village Council may require, conditioned
upon full compliance with the ordinances
of the Village and for the benefit of any the.......... day of .......................... 19.... and that the following is a printed copy of the
person who may be injured by the operation
of the public dump. Any expense incurred
by the Village Council in enforcing the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
provisions of this ordinance, or fines im-
posed shall be reimbursed from this bond.
The special permit Shall be effective only kind of type used in the composition and publication of said notice, to wit:
upon the filing of such bond.)
(Section 7 -204. FILING AND RECORD- abcdefghijklmnopgrstuvwxyz -6 pt. Newstext
ING OF PERMITS. A certified copy of all a'bcdefghijklmn.Opgrstuvwxyz -7 pt. Excelsior
special permits shall be recorded each
year on the record title of the property abedefghijklmnopgrstuvwxyz -7 Memphis Bold
and such certified copy shall then be filed
with the Village Clerk together with the
endorsement of al the Register of Deeds or
Registrar of Titles within ,60 days after ? /
granting the permit.)
(F.ection 7 -205. TRANSFER OF PER-
MITS. Such special permit shall not be .......................... ......... e .......... .. I.........
transferable except with the consent of the
Village Council. All applications for the Subscribed and sworn to before
transfer of such permits shall be in writing ,
and shall conform In all respects with the
provisions of this ordinance governing the me this.......... .........day of ........ r............ ......A.D., 19...... '.
filing of an original apt)llcetion except that
said application need be accompanied only
by a transfer fee of Ten ($10.00) Dollars.)
(Section 7 -206. REVOCATION OF PER- ................................... ...............................
MITS. No special permit granted hereunder
shall create any vested right in the holder
ane such permit may be terminated at (NOTARIAL SEAL)
wti the Village Council as hereinafter f
pro'.. ..u, and such revocation shall he final
and shall not give rise to any cause of action Notary Publ . ........................County, Minnesota
or claim against the Village.)
MyCommission Expires ........................
($ection 7 -207. REVOCATION OF PER-
MITS —WHEN HEARING REQUIRED. Such
special permit may be revoked bythe Village
Council without notice following a conviction
of the permit holder in a court of competent
jurisdiction for any violation of any ordi-
nance of this Village or of the laws of the
State of Minnesota regarding public health
arising out of the operation of the public Nc�
dump. Such permit may also be revoked l� • • • • • • • • • • . •
at any time the Village Council upon a Affidavit Of PUbfication
hearing follow g at teat five (5) days written
notice of both the reasons for the proposed
revocation and of the time and place of said tion. No foul or offensive odors or dense Section 7- 108.I0. DISPOSAL OF GAR -
hearing. The permit holder shall have an smoke shall he allowed to escape from such Oar BAGE AND REFUSE RESTRICTED. It is
opportunity to appear in person, by agent, fires to other property.) hereby declared unlawful for any person;
or by attorney and present evidence relative (Section 7 -216. COMPENSATION To FiRE firm or corporation to throw, scatter, or
to the proposed revocation. If the permit is DEPARTMENT. Said Fire Chief shall be deposit, or cause or permit to be thrown,
revoked, a proportionate amount oY the permit paid by the operator of such p scattered, or deposited, any ruppisn or
dump garbage upon or In any public or private
fee shall be r for hf services in granting permits ts tnr lands or bodies of water within the City of
(Section 7 -208. SUPERVISION OF PUB- such fi res and for his supervision and Brooklyn Center.
LIC DUMPS. All authorized public dumps direction of the same the sum of F1ve($5.00)
shall Section n Chapter 7 of the City Ordi-
under the supervision of the chair - Dollars per hour or traction thereof. In the nances is hereby amended t the repeal of
mar )e health committee of this Village event the Fire Department Chief shall deem on:
following section:
who I enforce the regulations herein- It necessary or desirable to call the Village the (Section 7 ecti PENALTY, Any person
after ;.et forth.) Fire Department to extinguish any such violating this ordinance shall be guilty s a
(Section 7 -209. HOURS FOR DUMPING. fires or to protect adjoining or other prop -
No person shall deposit refuse in a public erty therefrom and if the Fire Department misdemeanor, and subject to a fine of not
dump except between the hours of 6 :00 shall answer such call, the operator of PribUshed in exceeding $100 or imprisonment in the
a.m. and 7 :00 p.m. and no dumping shall be such public dump shall pay the Fire De- Village or County Jail for a period not
s done on Sundays or holidays except upon partment the sum of one Hundred ($ 100. 00) i E BROOKLYN CENTER POST exceeding 90 days, with costs of prosecution
and with the permission of the chairman Dollars for each hour or part thereof that in either case to be added. Such penalty
of the health committee.) the Fire Department is required to attend.) may be imposed in addition to revocation
(Section 7 -210. LOOSE REFUSE RE- (Section 7 -217. COUNCIL MAY ORDER 5617 Corvallis Ave N. or suspension of license, and in addition
QUIRED TO BE COVERED. All deposit on COMPLIANCE. Upon failure of the permit MINNEAPOLIS, MINNESOTA 55429 to abatement of a nuisance hereunder.)
s a public dump of tin cans or other objects holder to carry out any provision of this Section 4: Chapter 7 of the City Ordi-
capable of holding water and all loose paper ordinance, the Village Council may in its nances is hereby amended by the addition
or material which can be carried by the wind discretion proceed to have such provisions
of the following section:
shall be forthwith covered with earth or carried out at the expense of the permit DATE OF P vio ]PUBLICATION Be y pr PENALTY, Any person
ashes.) holder.) ng any provision of this ordinance
(Section 7 -211. OTHER REFUSE RE- (Section 7 -218. VIOLATIONS AND PF.N- shall, upon conviction be punished by a fine
QUIRED TO BE COVERED, All matter de- ALTIF.S. Any person violating any provision not exceeding One Hundred ($100.00) Dollars
( dl-
Posited in and such public dumps shall of this ordinance shall be guilty o! a mine days. Such penalty may be imposed 90)
ninety
covered with e or im risonment not exceedin rth ashes at such tim Po sed In as demeanor and shall be punished a fine tion to revocation or suspension of a haul -
and the extent that the chairman ($
D of the not more than One Hundred e County er's license, and in addition to cost of
health h committee shall from m ti me to time c^ -s or by imprisonment in the County nuisance hereunder.
f
direct. Dump refuse shall be immediately J r not longer than ninety (90) days.) ATTORNEY Section abatement of me
This ordinance shall become
covered with 18 inches of dirt filling when - tion 7 -219. SEPARABILITY. Every effective after adoption and thirty days me
said dump is no longer operating.) r .on of this ordinance is declared sep- lowing its Legal publication:
(Section 7 -212. MAXIMUM DUMPING araute from every other provision and if a Adopted this bl of 19G7.
P y
AREA. No exposed dumping area shall ex- provision be held invalid, such invalidity _
ceed two thousand five hundred (2,500) square shall not affect any other provision.)
feet at any time or such lesser area as (Originally passed May 14, 1952.)
the permit may allow. As exposed areas Section 2: Chapter 7 of the City Ordi- Mayor
are filled, they shall be covered with 18 nances is hereby amended by the addition ATTEST. y
inches of dirt fill.) of the following:
(Section 7 -213. POLLUTION AND OB- Clerk
STRUCTION OF DRAINAGE PROHIBITED. FILED Published in the Official Newspaper
No dumping or subsequent filling shall ma-
terially divert or obstruct natural drainage Effective Date
or shall create a ground level higher than
the adjacent property. No dumping shall
cause the pollution of any lake, stream, (Brackets indicate matter to he deleted,
underline indicates new matter.)
shall
pond or other natural water. feet dumping (Published in The Brooklyn Center Post
be done within ten ( hip feet aY the November 30, 1967.)
property (Section 7-214. C NTROL O THE BROOKLYN CENTER POST
Section 7 -214. CONTROL OF RODENTS
AND INSECTS. Rats, mice and insects shall
be controlled by approved methods such as
poisnef�q or spraying. Rodent poisons shall 11
be f in such manner so that it is not
ace a to children, pets, game birds
or an.. als.)
(Section 7 -215. PREVENTION AND CON-
TROL OF FIRE IN PUBLIC DUMPS. No
person shall deposit any material at such
public dump which is highly combustible
or likely to cause a fire and no fires may
be made or had at or upon such public
dump except upon a permit first obtained
from the Chief of the Village Fire De-
partment and under his,supervision and diree-