HomeMy WebLinkAbout[04c] Ordinance Updates Council Agenda Item 4c
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MEETING DATE: May 2, 2016
AGENDA ITEM: Ordinance Updates
SUBMITTED BY: Administration/Police
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council received draft Ordinance amendments at the
April 18, 2016.
BACKGROUND INFORMATION: Since the last Council meeting the Police Chief has withdrawn
his request to amend the Bicycle Ordinance and will look at options.
Water—the revisions reflect the current practice and clearly identify who is responsible when
deficiencies occur. What is being proposed is how it has been enforced.
Confectioners/Food Truck(New)—We have received some requests for food truck such as the
Ice Cream Truck and Lily's Wings. We have previously licensed them through the peddler
provision but it is not the correct permit. The proposed Ordinance is similar to that of the area
cities that have such an Ordinance. The fee being proposed is S 80 per calendar year, the same as
the area cities. Approving this Ordinance would also require approval to amend the Fee
Schedule.
Unreasonable Acceleration—This amendment has been requested by the Police Chief and
relates to a recent case that was lost in court. Our Ordinance was specific as to what was
considered unreasonable and the matter that brought this to light was not included in the list,
therefore the case was lost. The proposed amendment includes less descriptive language giving
the police officers discretion.
Bicycle/Roller Blading—Proposed Amendment has been removed.
Cable—The amendment reflects the changes with the franchise renewal.
ATTACHMENTS: Request for Council Action
Water Ordinance Amendment
Confectioners/Food Truck Amendment(New)
Unreasonable Acceleration Amendment
Cable Franchise
Resolution 2016-010 Summary Publication
REQUESTED COUNCIL ACTION: Authorize execution of the Ordinance Amendments and
authorization to execution Resolution 2016-010 authorizing summary publication.
CHAPTER III-PUBLIC PROPERTY & IMPROVEMENTS
ORDINANCE 306 CABLE COMMUNICATIONS........................................................... 306-1
Section 306.01: DEFINITIONS.................................................................................. 306-1
Section 306.02: GRANT OF AUTHORITY............................................................... 306-1
Section 306.03: COMPLIANCE WITH STATE AND FEDERAL LAWS ................. 306-1
Section 306.04: FRANCHISE TERM......................................................................... 306-1
Section 306.05: FRANCHISE EXCLUSIVITY.......................................................... 306-1
Section 306.06: SALE OR TRANSFER OF THE FRANCHISE. SALE OR TRANSFER
OFSTOCK................................................................................................................ 306-1
Section 306.07: ACCESS TO FINANCIAL RECORDS............................................. 306-2
Section 306.08: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS ............................................................ 306-2
Section 306.09: FRANCHISE ADMINISTRATOR.................................................... 306-2
Section 306.10: LIABILITY INSURANCE................................................................ 306-3
Section 306.11: INDEMNIFICATION....................................................................... 306-3
Section 306.12: PERFORMANCE BOND ................................................................. 306-3
Section 306.13: CONSTRUCTION SCHEDULE....................................................... 306-3
Section 306.14: CONSTRUCTION STANDARDS.................................................... 306-3
Section 306.15: SPECIAL TESTING......................................................................... 306-6
Section 306.16: SUBSCRIBER PRIVACY ................................................................ 306-7
Section 306.17: SUBSCRIBER COMPLAINTS......................................................... 306-7
Section 306.18: UNLAWFUL DENIAL..................................................................... 306-8
Section 306.19: TERMINATION............................................................................... 306-8
Section 306.20: ABANDONMENT............................................................................ 306-8
Section 306.21: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE .................................................................................... 306-8
Section 306.22: MUNICIPAL RIGHT TO PURCHASE SYSTEM ............................ 306-8
Section 306.23: ACCESS CHANNELS...................................................................... 306-8
Section 306.24: FRANCHISE FEE............................................................................. 306-9
Section 306.25: NON INTERFERENCE.................................................................... 306-9
Section 306.26: LINE EXTENSION .......................................................................... 306-9
Section 306.27: OBSCENITY.................................................................................... 306-9
Section 306.28: CONTRADICTIONS WITH STATE OR FEDERAL LAW.............306-10
Section 306.29: ADDITIONAL FRANCHISE REQUIREMENTS............................306-10
Section 306.30: FRANCHISE TERMS......................................................................306-11
Section 306.31: ENFORCEMENT ............................................................................306-11
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ORDINANCE 306 CABLE COMMUNICATIONS
An ordinance granting a franchise to Midcontinent Communications to construct install,
operate, repair, maintain, remove and relocate facilities and equipment used for the transmission
of cable communications services in the public ground of the City of St. Joseph.
Section 306.01: DEFINITIONS. The terms defined in this Section and in the Regulatory
Ordinance have the meanings given them:
Subd. 1: "City" is the City of St. Joseph.
Subd. 2: "Class IV Channel" is a signaling path provided by a cable communications
system to transmit signals of any type from a subscriber terminal to another point in the
communications system.
Subd. 3: "Franchisor"is the City of St. Joseph
Subd. 4: "Franchisee" is Midcontinent Communications, its assignees and successors.
Subd. 5: "FCC" is the Federal Trade Communications Commission of the United States.
Section 306.02: GRANT OF AUTHORITY. The City Council of St. Joseph hereby
grants a cable communications franchises for the installation, operation and maintenance of a
cable communications system within the City of St. Joseph to Midcontinent Communications.
Section 306.03: COMPLIANCE WITH STATE AND FEDERAL LAWS. The
Franchisee and the Franchisor shall conform to all state and federal laws and rules regulating
cable communications as they become effective.
Section 306.04: FRANCHISE TERM. The franchise will expire on September 21, 2030,
unless amended or renewed in accordance with law.
Section 306.05: FRANCHISE EXCLUSIVITY. This franchise shall be non-exclusive.
The City may grant additional franchises at any time.
Section 306.06: SALE OR TRANSFER OF THE FRANCHISE. SALE OR TRANSFER
OF STOCK.
Subd. 1: Any transfer of a franchise by sale, lease or other assignment, or any sale or
other transfer of stock of the Franchisee so as to create a new controlling interest, shall be subject
to the approval of the Franchisor. The Franchisor has 120 days from the submission of
information regarding the successor's ability to operate in accordance with the terms of this
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Ordinance and to approve or disapprove the transfer. Approval of a transfer shall not be
unreasonably denied. Approval may be denied only upon a finding that the successor does not
have the ability or capability to operate the franchise in accordance with the terms of this
Ordinance and this franchise. Approval may be conditioned upon such reasonable terms and
conditions which are not in conflict with state and federal laws and regulations.
Subd. 2: No transferor lease of the rights granted herein shall be effective until the
successor or lessee shall have filed in the office of the City Administrator/Clerk an instrument,
duly executed, reciting the fact of such sale or lease, accepting the terms contained herein, and
agreeing to perform all conditions required of the franchise. At that time, the successor or lessee
shall also file with the City Administrator/Clerk a duly executed bond, fully complying with any
bonding requirements of this Ordinance.
Section 306.07: ACCESS TO FINANCIAL RECORDS. The City is granted the
authority to audit the Franchisee's accounting and financial records upon reasonable notice. The
Franchisee shall file annually with the City reports of gross revenues and other information as
the City deems appropriate.
Section 306.08: RATES, RATE CHANGE PROCEDURE AND RESIDENTIAL
SUBSCRIBER CONTRACTS.
Subd. 1: Rates. Prior to offering service to any member of the general public, the
Franchisee shall prepare a clear and concise list of all current subscription rates and charges,
including all installation and disconnect charges, charges for optional services and charges or
deposits for the use of equipment offered to subscribers for use with the service. A verified copy
of this list of rates and charges shall then be filed with the St. Joseph City Administrator/Clerk
and shall be available for public inspection at the office of the City Administrator/Clerk. An
amended list of rates and charges shall be prepared and filed with the City Administrator/Clerk at
anytime there is any change or adjustment in the subscription rates and charges.
Subd. 2: Residential Subscriber Contract. The Franchisee shall file with the City
Administrator/Clerk a copy of the then current residential subscriber contract, if a written
contract exists. The subscriber contract, and/or the summary of the terms of the non-written
contract on file with the City Administrator/Clerk shall be open to inspection by the public and
shall govern the contractual relationship between the Franchisee and all subscribers receiving
service under the authority of this ordinance, except service provided to institutions, business
premises or multiple housing locations, which service may be governed by separate written
contract.
Subd. 3: Rate Regulations. The City reserves the right to seek certification by the FCC
to engage in the regulation of rates, and implement reasonable regulations during the term of the
franchise as permitted by law and/or the FCC. The City also reserves the right when allowed by
law, to regulate rates for the installation and rental of equipment for the hearing impaired.
Section 306.09: FRANCHISE ADMINISTRATOR. The City Administrator/Clerk shall
be responsible for day to day municipal administration of a franchise. The City Council may by
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resolution, create a Cable Commission and appoint members to this Commission. The Cable
Commission shall have such duties and delegations as established by the City Council, and shall
serve the City Council in an advisory capacity. Members of the Cable Commission shall receive
compensation as set by the Council and shall serve at the will of the Council. Establishment of
and delegation of duties to the Cable Commission shall be by resolution of the City Council.
The City Council shall retain ultimate authority for the administration of a franchise.
Section 306.10: LIABILITY INSURANCE. The Franchisee shall indemnify and hold
harmless the City at all times during the term of the franchise and shall maintain throughout the
term of the franchise insurance as follows:
Liability for damage to property $300,000.00
Liability for personal injury $500,000.00 per person
$1,000,000.00 per occurrence
These policies shall insure both the City and the Franchisee with regard to all damages and
penalties which they may legally be required to pay as a result of the exercise of the franchise. A
Franchisee shall provide the City with evidence of required coverage upon request.
Section 306.11: INDEMNIFICATION.
Subd. 1: Except in instances where the City or its employees are negligent, the
Franchisee shall hold the City harmless from any and all claims and actions, litigations and from
damage arising out of the construction, erection, installation, maintenance or operation of its
property operated by authority of this Ordinance within the corporate limits of the City or the
negligence of the Franchisee's employees in the operation thereof. The Franchisee shall defend
in the name of the City any claims made against the City arising out of the franchise. The
Franchisee also agrees to hold the City harmless from any and all claims and actions arising from
alleged infringements of copyrights.
Subd. 2: Nothing contained in a franchise shall relieve any person from liability arising
out of the failure to exercise reasonable care to avoid injury to the Franchisee's facilities while
performing any work connected with grading, regrading, or changing the line of any street or
public place; or with the construction or reconstruction of any sewer or water system.
Section 306.12: PERFORMANCE BOND. Prior to beginning construction, and within a
minimum of three months of the date any franchise becomes effective, the Franchisee shall
obtain any permits required under Ordinance 304 and furnish any security required therefore.
Section 306.13: CONSTRUCTION SCHEDULE. Franchises shall provide service to
City residents within a reasonable time from when the franchise is granted. Absent evidence to
the contrary, it shall be presumed that a"reasonable period" is no later than one (1) year from the
grant of the franchise.
Section 306.14: CONSTRUCTION STANDARDS.
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Subd. 1: Permits. The Franchisee shall obtain a permit from the proper municipal
authority before commencing construction of any communications system, including the opening
or disturbance of any street, sidewalk, driveway or public place. If the Franchisee fails to meet
the conditions of the permit, the Franchisor, after reasonable notice to the Franchisee, and
providing Franchisee the opportunity to remedy said complaint, can cause said problem to be
remedied and bill the Franchisee for the costs incurred in so remedying.
Subd. 2: Compliance with Codes. All wire, conduits, cable and other property and
facilities of the Franchisee shall be located, constructed, installed, and maintained in compliance
with applicable codes. The Franchisee shall keep and maintain all of its property so as not to
unnecessarily interfere with the usual and customary trade, traffic or travel upon the streets and
public places of the franchise area or endanger the lives or property of any person.
Subd. 3: Relocation of Wires. In the event it becomes necessary for the City to relocate
or remove the Franchisee's wires, conduits, cables and other property located in any street, right-
of-way or public place to facilitate the undertaking of a public improvement which affects the
cable equipment, Franchisee shall make all necessary changes in its equipment at its own
expense, as requested, upon due notice from the City Council or its designated officer.
Subd 4: Undergrounding: In those areas of the City where Grantee's cables are located on
the above-ground transmission or distribution facilities of the public utility providing telephone
or electric power service, and the event that the facilities of both such public utilities
subsequently are placed underground, then the Grantee likewise shall construct, operate, and
maintain its transmission and distribution facilities underground, at Grantee's cost. Certain of
Grantee's equipment, such as pedestals, amplifiers, and power supplies, which normally are
placed above ground, may continue to remain above-ground closures. Any new non-
replacements lines, wires, conduit or cables shall be installed underground.
Subd. 5: Restoration. Upon completion of the work, the Franchisee must restore the
general area of the work, including paving and its foundations, to the same condition that existed
prior to commencement of the work and must exercise reasonable care to maintain the same
condition for two (2)years thereafter. The work must be completed as promptly as weather
permits. If the Franchisee does not promptly perform and complete the work, remove all direct,
rubbish, equipment and material, and restore the public ground to the same condition, the City
may put it in the same condition at the expense of the Franchisee. The Franchisee must, upon
demand, pay to the City the direct and indirect cost of the work done for or performed by the
City, including but not limited to the City's administrative costs. To recover its costs, the City
will first draw on the security posted by the Franchisee and then recover the balance of the costs
incurred from the Franchisee directly by written demand. This remedy is in addition to any other
remedies available to the City.
Subd. 6: Franchisee Initiated Relocation. The Franchisee shall give the City written
notice prior to a Franchisee initiated relocation of facilities. A Franchisee initiated relocation
must be at the Franchisee's expense and must be approved by the City, such approval not to be
unreasonably withheld.
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Subd. 7: City Required Relocation. The Franchisee must promptly and at its own
expense, with due regard for seasonal working conditions, permanently relocate its facilities
whenever the City requires such relocation.
Subd. 8: Relocation Where Public Ground Vacated. The vacation of public ground does
not deprive the Franchisee of the right to operate and maintain its facilities in the City. If the
vacation proceedings are initiated by the Franchisee, the Franchisee must pay the relocation
costs. If the vacation proceedings are initiated by the City or other persons, the Franchisee must
pay the relocation costs unless otherwise agreed to by the City, Franchisee and other persons.
Subd. 9: Inspection of Work. When the work is completed, the Franchisee must request
an inspection by the director. The director will determine if the work has been satisfactorily
completed and provide the Franchisee with a written report of the inspection and approval.
Subd. 10: Notice. If the Franchisee is in default in the performance of the work
authorized by the permit, including but not limited to restoration requirements, for more than
thirty (30) days after receiving written notice from the City of the default, the City may terminate
the rights of the Franchisee under the permit. The notice of default must be in writing and
specify the provisions of the permit under which the default is claimed and state the grounds of
the claim. The notice must be served on the Franchisee by personally delivering it to an officer
thereof at its principal place of business in Minnesota or by certified mail to that address.
Subd. 11: City Action on Default. If the Franchisee is in default in the performance of
the work authorized by the permit, the City may, after the above notice to the Franchisee and
failure of the Franchisee to cure the default, take such action as may be reasonably necessary to
abate the condition caused by the default. The Franchisee must reimburse the City for the City's
reasonable costs, including costs of collection and attorney fees incurred as a result of the
Franchisee default. The security posted under Section 2, Subdivision 5, will be applied by the
City first toward payment for such reimbursement.
Subd. 12: Use of Public Ground. Facilities must be located, constructed, installed,
maintained or relocated so as not to endanger or unnecessarily interfere with the usual and
customary traffic, travel, and use of public ground. The facilities are subject to additional
conditions of the permit as established by the director including but not limited to (i) the right of
inspection by the City at reasonable times and places; (ii) the obligation to relocate the facilities
pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations
imposed by the Minnesota Public Utilities Commission and other state and federal law, including
prompt compliance with the requirements of the Gopher State One Call program, Minnesota
Statutes Chapter 216D.
Subd. 13: Location. The facilities must be placed in a location agreed to by the City.
The Franchisee shall give the City forty five (45) days advanced written notice of the
Franchisee's proposed location of facilities within the public ground. No later than forty five
(45) days after the City's receipt of the Franchisee's written notice, the City will notify the
Franchisee in writing of the City's acceptance or rejection of the proposed location. If the City
rejects the Franchisee's proposed location, the City shall propose alternative locations. The City
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does not waive or forfeit its right to reject the location of facilities by failure to respond within
the forty five (45) days.
Subd. 14: Emergency Work. The Franchisee may open and disturb the surface of public
ground without a permit where an emergency exists requiring the immediate repair of its
facilities. In such event, the Franchisee must request a permit not later than the second working
day thereafter and comply with the applicable conditions of the permit. In no event, may the
Franchisee undertake such an activity which will result in the closing of a street or alley without
prior notification to the City.
Subd. 15: Street Improvements —Paving and Resurfacing. By May 15 of each year, to
the extent practicable, the City will give the Franchisee written notice of plans for street
improvements where permanent paving or resurfacing is involved. The notice must contain (i)
the nature and character of the improvements; (ii) the streets upon which the improvements are
to be made; (iii) the extent of the improvements, the time when the City will start the work; and,
(iv) if more than one street is involved, the sequence in which the work is to proceed.
Subd. 16: Franchisee Protection of Facilities. The Franchisee must take reasonable
measures to prevent the facilities from causing damage to persons or property. The Franchisee
must take reasonable measures to protect its facilities from damage that could be inflicted on the
facilities by persons, property, or the elements. The Franchisee must take specific protective
measures when the City performs work near the facilities.
Subd. 17: Prior Service Connections. In cases where the City is undertaking the paving
or resurfacing of streets and the facilities are located under such street, upon reasonable notice,
the Franchisee may be required to install service connections prior to the paving or resurfacing, if
it is apparent that service will be required during the five (5) year period following the paving or
resurfacing.
Subd. 18: Public Ground Other Than Right-Of-Way. Nothing in this ordinance is
intended to grant to the Franchisee authority beyond that given by Minnesota Statutes 222.37 for
use of the public right-of-way for construction and operation of facilities. If the City allows the
Franchisee to use its non-right-of-way public ground, the terms of this ordinance apply to the
extent they are consistent with the contract, statutory and common law rights the City owns in
such property.
Subd. 19: Regulations; Permit Schedules. The Director of Public Works is authorized
and directed to prepare suitable regulations and schedules for the administration of right-of-way
permits issued under this Ordinance.
Section 306.15: SPECIAL TESTING. At any time after commencement of service to
subscribers, the City may require additional tests, full or partial repeat tests, different test
procedures or tests involving a specific subscriber's terminal. Requests for such tests will be
made on the basis of complaints received or other evidence indicating an unresolved controversy
or significant noncompliance; and such tests will be limited to the particular matter in
controversy. The cost of said testing shall be borne by the Franchisee.
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Section 306.16: SUBSCRIBER PRIVACY.
Subd. 1: No signals of a Class IV cable communications channel may be transmitted from a
subscriber terminal for purposes of monitoring individual viewing patterns or practices without
the express written permission of the subscriber. The request for such permission shall be
contained in a separate document with a prominent statement that the subscriber is authorizing
the permission in full knowledge of its provisions. Such written permission shall be for a limited
period of time not to exceed one year which shall be renewable at the option of the subscriber.
No penalty shall be invoked for a subscriber's failure to provide or renew such authorization.
The authorization shall be revocable at any time by the subscriber without penalty of any kind
whatsoever. Such permission shall be required for each type or classification of Class IV cable
communications activity planned for the purpose.
Subd. 2: No information or data obtained by monitoring transmission of a signal from a
subscriber terminal, including but not limited to lists of the names and addresses of the
subscribers or any lists that identify the viewing habits of subscribers may be sold or otherwise
made available to any party other than the Franchisee and its employees for internal business use,
or to the subscriber subject of that information, unless the Franchisee has received specific
written authorization from the subscriber to make the data available.
Subd. 3: Written permission from the subscriber shall not be required for the systems
conducting system-wide or individually addressed electron sweeps for the purpose of verifying
system integrity or monitoring for the purpose of billing.
Section 306.17: SUBSCRIBER COMPLAINTS.
Subd. 1: All franchises shall conduct their business in accordance with the customer
service standards established by the FCC and 47 C.F.R. § 76.309.
Subd. 2: All complaints by the City or other citizens regarding the quality of service,
equipment malfunction, billing disputes, and any other matters relative to a franchise granted
pursuant to this Ordinance shall be investigated by the Franchisee within two business days and
resolved by the Franchisee. Any complaints not resolved to the satisfaction of the complaining
party, shall be communicated to the City. A record of unresolved complaints may be retained by
the City and may be considered by the City Council in making decisions relating to the franchise.
Subd. 3: The Franchisee shall provide to the subscriber a toll free or collect telephone
number for the reception of subscriber complaints and the Franchisee shall maintain a repair
service capable of responding to subscriber complaints or requests for service within 24 hours
after receipt of the complaint or request. Franchisee shall employ technicians located within a 30
mile radius of the Cable Service Area. Costs included in making repairs and adjustment shall be
borne by the Franchisee unless it can be clearly determined that the repair or adjustment was
made necessary by abuse or intentional misuse of the system by the subscriber. Costs of
installation shall be borne by the subscriber.
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Section 306.18: UNLAWFUL DENIAL.
Subd. 1: The Franchisee shall not deny access to cable service because of the income of
a resident.
Subd. 2: The Franchisee shall not deny access to cable service to a geographical area of
the City because of income demographics.
Section 306.19: TERMINATION. The franchisor shall have the right to terminate and
cancel any franchise and all rights and privileges of a franchise, if the Franchisee attempts to
evade any of the provisions of the franchise or this ordinance, practices any fraud or deceit upon
the City, or fails to operate the franchise in accordance with this Ordinance. The City shall
provide the Franchisee with a written notice to the local and corporate office by certified mail,
return receipt requested of the cause for termination and its intention to terminate the franchise
and shall allow the Franchisee a minimum of thirty (30) days after service of the notice in which
to correct the violation. The Franchisee shall be provided the opportunity for a public hearing
before the City Council prior to the termination of the franchise. In the event that the Franchisor
determines to terminate the franchise, the Franchisee has (30) thirty days from the date of
termination of the franchise to take such available action challenging the termination, as
provided by law, or its right to challenge termination is waived.
Section 306.20: ABANDONMENT. The Franchisee may not abandon any portion of
the cable communications service provided under a franchise without three (3) months prior
written notice to the City. Franchisee must compensate the Franchisor for damages resulting to it
from such abandonment. Further, upon abandonment of any Franchise property, ownership of
said abandoned property transfers to the City.
Section 306.21: REMOVAL OF CABLE EQUIPMENT UPON TERMINATION OR
FORFEITURE: Upon termination or forfeiture of a franchise, the Franchisee shall remove, if the
franchising authority so requests, all of its plants, structures, works,pipes, mains, conduits,
cables, poles and wires and refill at its own expense any excavation that shall be made by it and
shall leave said streets, alleys, public ways and places, in as good condition as that prevailing
prior to the Franchisee's removal of equipment and appliances. In the event the Franchisee fails
to do so, the Franchisee shall pay to the Franchisor as liquidated damages 125 percent of the cost
of removal.
Section 306.22: MUNICIPAL RIGHT TO PURCHASE SYSTEM. The City shall have
the right to purchase any franchise or cable system offered for sale pursuant to the same terms
and conditions of any bona fide offer to purchase. The Franchisee shall provide the City with a
copy of the bona fide written offer, and the City has sixty (60) days of receipt to exercise its
option to purchase. The purchase option shall be exercised in writing. If not exercised within
sixty (60) days of notice, the City's right to purchase is forfeited with respect to that offer, but
only that offer.
Section 306.23: ACCESS CHANNELS.
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Subd. 1: The Franchisee shall provide to each of its subscribers who receive some or all
of the services offered on the system, reception on at least one (1) specially designated access
channel. The specially designated access channel may be used by local educational authorities
and local government on a first come, first served nondiscriminatory basis. Subd. 2: The City
reserves the right to establish rules for the administration of the specially designated access
channel and establish reasonable rates for the use and administration of the access channel.
Grantee shall collect on behalf of City a PEG access fee of sixty cents ($.60)per subscriber per
month upon sixty (60) days prior written notice by City to all Franchisees operating in City. The
City's notice shall specify the monthly per subscriber amount to be collected, which shall be
identical for all Franchisees. From time to time, the City may adjust or eliminate the PEG access
fee. Any such changes shall be implemented within 60 days of written notice to all Franchisees.
Subd. 3: Franchisees providing only alarm services or only data transmission services for
computer operated functions do not need to provide access channel reception to alarm and data
service subscribers.
Section 306.24: FRANCHISE FEE.
Subd. 1: During the term of any franchise granted hereunder, the Franchisee shall pay to
the City of St. Joseph quarterly a franchise fee in accordance with the terms of the Resolution
granting the franchise. The franchise fee shall be equal to three (3%)percent of Gross Revenues.
Each payment shall be accompanied by a brief report from a representative of Franchisee
showing the basis for computation. The City may request additional financial information and
may audit the Franchisee's accounting and financial records upon reasonable notice.
Subd. 2: Gross Revenues. Gross Revenues are defined to include revenue derived from
the provision of cable services within St. Joseph, whether from basic television service, tier
service, pay cable, service charges, and installation charges and equipment rental charges, but
shall not include any taxes on cable service which are imposed directly or indirectly on any
subscriber thereof if by any governmental unit or agency and which are collected by the
Franchisor on behalf of such governmental unit or agency.
Section 306.25: NON INTERFERENCE. Installations shall be maintained so as not to
interfere with television reception already in existence within the City.
Section 306.26: LINE EXTENSION. The City shall have the right to require reasonable
extensions of the Franchisee's transmission and distribution system from time to time, and to
make such rules and regulations as may be required to secure adequate and proper service and to
provide accommodations for the public. The City may not require an extension into areas where
there are less than twenty five (25) residential units per mile of trunk or distribution cable as is
required.
Section 306.27: OBSCENITY.
Subd. 1: For purposes of this Section, obscenity shall mean a program when, to the
average person applying contemporary community standards, the program taken as a whole,
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appeals to the prurient interest; the program depicts or describes, in a patently offensive way,
sexual conduct, that is, patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations or descriptions of
masturbation, excretory functions or lewd exhibition of genitals; and the program taken as a
whole lacks serious literary, artistic, political or scientific value.
Subd. 2: It shall be a misdemeanor to originate or produce any obscene program which is
transmitted over any cable communications system. However, neither the cable communications
Franchisee whose facilities are used to transmit a program produced by a person other than the
cable communications Franchisee, nor the officers, directors, or employees of the cable
communications Franchisee, shall be liable for any penalty or damages arising from any obscene
program presented thereon when the cable communications system or its employees does not
originate or produce a program. Any entity which schedules the programming of the access
channels of a cable communications system shall not be liable for the presentation of any
obscene program thereon unless the entity itself originates or produces the program.
Section 306.28: CONTRADICTIONS WITH STATE OR FEDERAL LAW. Any
provisions of this Ordinance or a franchise which are in direct contradiction to any State or
Federal law, rule or regulation of cable television franchising, shall be deemed invalid but only
to the extent of the contradiction. Ail other portions of this Ordinance shall continue in full force
and effect. As may be possible, all provisions of this Ordinance shall be construed in a manner
consistent with State or Federal law so as to maintain the validity of those provisions.
Section 306.29: CABLE SERVICE TO PUBLIC BUILDINGS: Franchisee agrees to
provide, free of charge, Basic Cable Service and the next highest level of service generally
available to all Subscribers, to the locations identified in Exhibit A. Franchisee shall not be
required to service such buildings unless it is technically feasible. Maintenance of said service
shall be provided free of fees and charges.
Section 306.30: ADDITIONAL FRANCHISE REQUIREMENTS. The Franchisee shall
also be subject to the following terms and conditions:
Subd. 1: The Franchisee shall provide for citizen participation in selecting programming,
and consider citizen preference.
Subd. 2: The Franchisee shall provide customers with reasonable notice of rate changes.
"Reasonable notice" shall be a minimum of thirty (30) days.
Subd. 3: The Franchisee shall offer customers a device to allow channels to be blocked
out.
Subd. 4: The Franchise shall be subject to review and renegotiation at any time in the
event of a significant change in technology, equipment or regulatory laws, or if the service
provided by the franchise fails to meet industry standards of comparable sized communities with
respect to channel capacity, system reliability or quality of signal.
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CHAPTER III—PUBLIC PROPERTY & IMPROVEMENTS
Subd. 5: Annexed Areas. The City shall give advance Notice to the Franchisee of any
plans by the City to annex new property into the City boundaries.
Section 306.31: ENFORCEMENT. The City reserves the right to enforce any violation
of this Ordinance by seeking declaratory or injunctive relief in Stearns County District Court. In
the event the City is the prevailing party in any such action, the City shall be entitled to judgment
for reasonable attorney's fees incurred in pursuing the action.
Section 306.32. TERM: The franchise shall be in effect from the Effective Date until
September 30, 2030.
Section 306.33. EFFECTIVE DATE: This ordinance shall take effect and be in force
from and after its passage and publication.
306-11
EXHIBIT A
St. Joseph Historical Society 25 — 1 g Avenue Northwest
St. Joseph Comrnunity Fire Hall 323 —4`Avenue Northeast
St. Joseph City Hall 25 College Avenue North
St. Joseph Community Center 124— lst Avenue Southeast
St. Joseph Public Works 1855 Elm Street East
Future City Buildings
CHAPTER IV—WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM........................................................ 401-1
Section 401.01: APPLICATION FOR SERVICE....................................................... 401-1
Section 401.02: WATER HOOK-UP CHARGE (Repealed) ....................................... 401-1
Section 401.03: METER INSTALLATION................................................................ 401-1
Section 401.04: SERVICE TO BE METERED........................................................... 401-1
Section 401.05: SEPARATE CONNECTIONS.......................................................... 401-1
Section 401.06: COST OF INSTALLATION............................................................. 401-1
Section 401.07: METERS........................................................................................... 401-2
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY ................................. 401-2
Section 401.09: USE OF MUNICIPAL WATER SYSTEM...................................401-2
Section 401.10: FAILURE OF SERVICE................................................................... 401-2
Section 401.11: CONSENT TO REGULATIONS...................................................... 401-2
Section 401.12: DISCONTINUOUS OF SERVICE.................................................... 401-2
Section 401.13: WATER CONNECTIONS................................................................ 401-3
Section 401.14: SERVICE PIPES............................................................................... 401-3
Section 401.15: MAINTENANCE OF SERVICE LINES......................................401-3
Section 401.16: REPAIR OF LEAKS...............................................................401-3
Section 401.17: WATERWORKS BRASS................................................................. 401-3
Section 401.18: WATER SYSTEM CHECK VALVES.............................................. 401-3
Section 401.19: USE OF WATER DURING FIRE..................................................... 401-3
Section 401.20: CONTROL BY COUNCIL............................................................... 401-4
Section 401.21: SPRINKLING BANS........................................................................ 401-4
Section 401.22: PENALTIES ..................................................................................... 401-4
401-0
CHAPTER IV—WATER & SEWER
ORDINANCE 401 MUNICIPAL WATER SYSTEM
Section 401.01: APPLICATION FOR SERVICE. Any person desiring a connection
with the water system of the City shall apply therefore to the City Clerk/Administrator.
Application shall state exact description of the property to be served, the use to which the water
is to be put, and the estimated maximum amount of water to be used per month. At the same
time, the applicant shall pay to the Clerk/Administrator a permit fee and inspection fee to the
Clerk/Administrator as may be established and modified by Council resolution. The applicant
shall also pay to the Clerk/Administrator the sum set by the City Council to cover the expense of
making the connection between the main and the curb box. All these payments except the
permit fee shall be refunded to the applicant if the application is refused. No connection shall be
allowed between December 1 and April 1 except by specific order of the Council under terms
and conditions established by the Council.
Section 401.02: WATER HOOK-UP CHARGE(Repealed). Repealed on 9/9/04 and
replaced with Ordinance 404.
Section 401.03: METER INSTALLATION. The Maintenance Superintendent shall upon
receipt of the application, examine the premises therein described and if satisfied that the
premises are entitled to water service, and that the connection with the City system will not be
dangerous to persons or property, shall issue a water meter to the applicant, provided that no
connection shall be made unless the property where the service is desired abuts on a street or
alley or lies within one half block of a street or intersection where there is already installed a
main from which water service desired may be secured.
Section 401.04: SERVICE TO BE METERED. All water furnished by the City system
shall be measured by meters furnished by the City for that purpose. The water meter shall be the
property of the owner and shall be maintained by the owner, except that if the meter is damaged
by freezing or hot water back up, the property owner shall pay the City for damage to the meter.
Section 401.05: SEPARATE CONNECTIONS. Unless the City Council approves the
use of a common service connection, each premise shall have a separate and distinct service
connection to the City main. Said connection shall include a corporation stop at the main and a
curb stop located as directed by the Superintendent of Public Works. Where the City Council
approves the use of a common service connection, each branch shall have its own curb stop
located as directed by the Superintendent of Public Works, and its own meter. Additional costs
incurred due to the installation of an approved common service connection shall be borne by the
applicant.
Section 401.06: COST OF INSTALLATION. The cost of the original installation of
plumbing between the curb stop and the building and any service to devices maintained by the
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CHAPTER IV—WATER & SEWER
customer and all extensions thereafter, as well as all repairs to the same, shall be borne entirely
by the consumer, although such plumbing and devices as well as the meter shall at all reasonable
times be subject to inspection through authorized City authority. Any repairs found to be
necessary by City authorities shall be made promptly by the customer or the City shall
discontinue service.
Section 401.07: METERS. Every consumer shall provide a suitable place where the
meter can be installed and the consumer shall install and maintain the meter. At any time the
consumer desires to have the meter tested for accuracy, this shall be done by the City and the fee
as established and modified by council resolution charged to the consumer if the meter registers
98 per cent or more accurate. If the meter registers less than 98 per cent accurate, it shall be
replaced and repaired before installation of another service and no testing fee charged.
Section 401.08: USE OF SERVICE WITHOUT AUTHORITY. It shall be unlawful for
any person to use water from any premise without the consent of the owner. No person except
an authorized representative of the City shall operate curb stops, valves, hydrants, or other water
system appurtenances unless approval has been obtained from an authorized representative of the
City.
Section 401.09: USE OF MUNICIPAL WATER SYSTEM. The owner of any building or
property which is located within the City, or in any area under the jurisdiction of the City, and
from which water is discharged, shall be required to connect to a public water system at the
owner's expense within ninety (90) days after service of official notice to do so, provided that
city water is reasonably available. Said ninety (90) days shall be consecutive calendar days
exclusive of the days between November 1 and May 15. Additionally, if the building or property
is used for human occupancy, employment or recreation, the owner shall be required to install at
the same time toilet facilities in accordance with the Minnesota Building Code and other
ordinances of the City.
Section 401.10: FAILURE OF SERVICE. No claim shall be made against the City for
losses of any kind resulting from failure of water service.
Section 401.11: CONSENT TO REGULATIONS. Every person applying for water
service from the City system, and every owner of property for which such application is made,
shall be deemed by such application to consent to all the rules, regulations and rates contained in
the ordinances of the City, and to all modifications thereof and all new rules, regulations and
rates duly adopted by City Council resolution.
Section 401.12: DISCONTINUOUS OF SERVICE. The City reserves the right to
discontinue service of any or all customers of the water system without notice, when necessary
for repairs, or for non payment of bills, or for disregard of rules and regulations affecting water
service. When service has been disconnected for non payment of bills or for disregard of
regulation, it shall not be resumed except upon payment of the bills together with a penalty of 10
per cent of the amount of the bill and full compliance with the regulation.
401-2
CHAPTER IV—WATER & SEWER
Section 401.13: WATER CONNECTIONS. All connections to the City main including
the tap, and installation of the corporation stop, the service line to the curb stop, and the curb
stop shall be made by a contractor approved by the City.
Section 401.14: SERVICE PIPES. All service pipes connected to the City water system
shall be of materials approved by the Superintendent of Public Works. Service pipes shall be
installed in accordance with specifications approved by the City.
Section 401.15: MAINTENANCE OF SERVICE LINES. The owner shall bear the entire
cost of all maintenance and repairs of the building sewer and water service lines from the main to
the building. This shall include the cost of the street and boulevard restoration.
Section 401.16: REPAIR OF LEAKS.
a. Responsibility of Owner: The owner shall be responsible for maintaining the service
pipe from the water main including the corporation stop, curb stop and box into the
building served.
b. Failure to Repair: If the owner fails to repair any leak in such service pipe within
twenty four (24)hours after notice by the City, the City may turn the water off The
water shall not be turned on again until the sum as established by Council resolution
has been paid to the City.
c. Waste of Water, Damage: When the waste of water is great or damage is likely to
result from the leak, the City shall turn the water off immediately upon giving of
notice if repair is not commenced immediately.
Section 401.17: WATERWORKS BRASS. All service pipes connected to the City
water system 2" or less in diameter shall be fitted with a corporation stop, a curb stop and box,
and such valves and drains as the City may require at the meter location. Service pipes larger
than 2" shall be fitted with an approved valve. All waterworks brass and other materials shall be
in accordance with City specifications.
Installation of brass and appurtenances shall be in accordance with City specifications,
and the location of the curb stop shall be subject to the approval of the Superintendent of Public
Works.
Section 401.18: WATER SYSTEM CHECK VALVES. Check valves shall be required
on all water connections to steam boilers. Safety and relief valves shall be placed on all boilers
or other steam apparatus connected with the water system where the steam pressure may be
raised in excess of 50 pounds per square inch.
Section 401.19: USE OF WATER DURING FIRE. It is herein declared to be unlawful
for any person in the City or any person owning or occupying premises connected to the City
water system to use or allow being used during a fire any water from the water systems except
for purposes of extinguishing the fire. Upon the sounding of the fire alarm, it shall be the duty of
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CHAPTER IV—WATER & SEWER
every person to see that all water services are tightly closed and that no water is used except for
necessary household purposes during the fire.
Section 401.20: CONTROL BY COUNCIL. The City Council shall have complete
control of the City water system and make regulations and rates in its judgment it deems proper.
Section 401.21: SPRINKLING BANS. During the months of May through September,
use of the municipal water supply for lawn and garden sprinkling shall be restricted in the
following manner:
a) Properties having a street address ending with an even number may sprinkle
lawns and gardens on an even numbered day only.
b) Properties having a street address ending with an odd number may sprinkle lawns
and gardens on an odd numbered day only.
The City reserves the right to totally prohibit the use of the municipal water supply for
sprinkling as deemed necessary by the City Maintenance Director to protect the City's water
supply. A sprinkling ban of this type shall be published by local radio. Residents shall comply
with the terms and conditions of the sprinkling ban. The ban shall be enforced by the police
department. Violators shall receive one warning which will be documented. Any further
violation within five months of a warning shall constitute a petty misdemeanor.
Section 401.22: PENALTIES. Any person violating any regulation of this ordinance
shall be guilty of a misdemeanor, unless otherwise provided in this ordinance.
Updated 6/2003—Sections 401.2&401.18
Repealed and Amended Section 401.2 on 9/9/04
401-4
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 610 LODGING TAX.................................................................................. 610-1
Section 610.01: PURPOSE......................................................................................... 610-1
Section 610.02: DEFINITIONS.................................................................................. 610-1
Section 610.03: IMPOSITION OF TAX..................................................................... 610-1
Section 610.04: DISTRIBUTION OF TAX................................................................ 610-1
Section 610.05: EXCEPTIONS AND EXEMPTIONS................................................ 610-1
Section 610.06: COLLECTIONS ............................................................................... 610-2
Section 610.07: PENALTIES ..................................................................................... 610-2
Section 610.08: TAX DETERMINED BY THE COUNCIL ...................................... 610-3
Section 610.09: ADMINISTRATION ........................................................................ 610-4
Section 610.10: DEPOSIT IN SPECIAL PURPOSE FUND....................................... 610-4
Section 610.11: DISTRIBUTION............................................................................... 610-4
610-0
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 610 LODGING TAX
Section 610.01: PURPOSE. In order to increase commerce and to provide for a vibrant
city atmosphere that will attract tourism and convention business to the city, it is essential that
the city be marketed and promoted by a local convention and tourist bureau.
Section 610.02: DEFINITIONS. The word or words defined in this Section shall have
the meaning described in the subdivisions which follow:
Subd. 1: Hotel. The furnishing for consideration of lodging at hotels, motels, rooming
houses/facilities, tourist courts or resorts, other than the renting or leasing of lodging for a
continual period of 30 days or more.
Subd. 2: Operator. The person who is the proprietor of the hotel, whether in the capacity
of owner, lessee, sub lessee, licensee, or any other capacity, is an operator
Section 610.03: IMPOSITION OF TAX. The following tax, as authorized my MN
Statute 469.190 will apply:
Subd. 1: A tax of three percent is hereby imposed on the gross receipts generated within
the city from the furnishing for consideration of lodging at hotels, motels, rooming
houses/facilities, tourist courts or resorts, other than the renting or leasing of lodging for a
continual period of 30 days or more
Subd. 2: Those persons qualifying under paragraph one of this section will pay a tax on
the operator of the hotel or the establishment at the time the charge is paid. The tax constitutes a
debt owed to the City by the operator and is extinguished only by payment to the City.
Section 610.04: DISTRIBUTION OF TAX. The three percent (3%) tax collected will be
distributed according the MN Statute 469.190. Ninety-five percent of the proceeds must be used
to fund a local convention and tourist bureau for the purpose of marketing and promoting the
City as a convention and tourist center for that purpose.
Section 610.05: EXCEPTIONS AND EXEMPTIONS.
Subd. 1: Privilege of Occupancy:
a) Exceptions. No tax will be imposed on room rentals paid by any
officer or employee of a foreign government who is exempt by reason of
express provisions of federal law or international treaty.
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CHAPTER VI—GENERAL REGULATIONS
b) Exemptions. No exemption from the tax imposed under this Code will be
granted except upon a claim thereof made at the time the rent is collected
by the operator, and such claim will be made in writing and under
penalty of perjury. All such claims will be forwarded to the City when
the reports and collections are submitted as required under Section
610.05 of this Code. Such exemptions will be granted as follows: Upon
any person to whom, or occupancy to which, it is beyond the power of
the City to so tax
Section 610.06: COLLECTIONS.
Subd. 1: Operators Duties: Each operator will collect the tax imposed by this Code at
the time the rent is paid. The amount of tax will be separately stated from the rent charged. Those
persons paying the tax will receive a receipt of payment from the operator:
Subd. 2: Reports. Each operator collecting such tax will make a report upon forms
distributed to the operator by the Finance Director. Such reports will contain, at a minimum:
A. The amount of room rentals collected.
B. The amount of tax required to be collected and due for the period.
C. The signature of the operator or that of the agent if the operator has not made the
report.
D. The period the return covers.
E. The amount of room rentals uncollectible.
F. Such additional information as the City Council, in its discretion, from time to time
requires.
Subd. 3: Payment to the City. Payment to the City. Payment of the tax will be
submitted by the operator to the City along with the required reports. Payment will cover the
tax due for the preceding calendar month, or any alternative four-week accounting period,
whichever the case will be, and such payment will be made no later than 25 days after the end
of such calendar or alternative accounting month.
Subd. 4: Examination of Return. After a return is filed, the Finance Director may make
any examination of the records and accounts of the person making the return which he deems
necessary for determining its correctness. The tax computed on the basis of such examination
will be the tax to be paid. If the tax due is found to be greater than that paid, such excess will be
paid within ten days after receipt of notice. Such notice will be given either personally or sent
by registered mail to the address listed on the return. If the tax paid is greater than the tax
found to be due, the excess paid will be refunded to the operator at the address listed on the
return.
Section 610.07: PENALTIES.
Subd. 1. Original Deficiency. Any operator failing to make payment within the 25-day
period specified in sub-section 610.06, Subdivision 3, of this Code will be required to pay a
610-2
CHAPTER VI—GENERAL REGULATIONS
penalty of five percent (5%) of the tax amount remaining unpaid. The amount of said tax not
timely paid, together with said penalty, will bear interest at the rate of seven percent (7%) per
annum from the time such tax should have been paid until paid. Any interest and penalty will
be added to the tax and be collected as a part thereof.
Subd. 2. Continuing Deficiency. If payment of the tax and the five percent (5%)penalty
imposed under subdivision 1 of this section is not paid within 30 days of the date the tax is due
as specified in sub-section 610.06, Subdivision 3, of this Code, an additional ten percent (10%)
penalty will be imposed upon the amount of tax due plus the original deficiency penalty of
five percent (5%). If the delinquency continues beyond 30 days after the tax is due as
specified in sub-section 610.06, Subdivision 3, of this Code, the City Attorney may commence
such action necessary to collect the tax and penalties due.
Subd. 3. Abatement of Penalties. The Administrator will have the power to abate
penalties when, in his opinion, the enforcement would be unjust and inequitable. All requests
for abatement of penalties will be in writing and will set forth the reasons for the failure to
file the return and pay the tax timely. The Administrator will report all penalty abatements to the
City Council at the next regular City Council meeting.
Section 610.08: TAX DETERMINED BY THE CITY COUNCIL.
Subd. 1: If the operator refuses to collect the tax imposed or fails to make the required
reports, the Finance Director will obtain facts and information and make an estimate of the
amount of tax due and report to the City Council for approval. After approval by the City
Council, the Finance Director will give the operator a statement of the tax due to his estimate
and give notice personally or through registered mail to such operator of the amount due.
Depending upon the time periods as specified in Section 610.07 of this Code, the amount of
tax estimated will include the applicable penalties and interest. Payments will be made
within ten days after receipt of notice. For the purpose of carrying out the provisions of
this section, the Finance Director will have the right of access to the books and records of the
operator.
Subd. 2. The operator will have ten days after receipt of notice to make a written
application for a hearing on the assessed tax to the Finance Director. If no request is made
during this ten day period, the amount specified in the statement of the Finance Director,
including penalties and interest, becomes final and payable within ten days.
Subd. 3. If a hearing is properly requested, the running of the time periods described in
Section 610.06 of this Code are automatically stayed. Notice of the hearing will be given to
the operator at least ten days in advance. All hearings are to be held before the City Council.
The Council may then determine the amount due, when it will be paid, and whether or not the
penalty time period under Section 610.07 of this Code will resume running until payment.
Once the amount due becomes fixed under either Subdivision 1, 2, or 3, of this section, any
further steps necessary to ensure collection may be taken by the City Attorney.
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CHAPTER VI—GENERAL REGULATIONS
Section 610.09: ADMINISTRATION. The City Administrator shall have responsibility
for enforcement and administration of this Ordinance.
Section 610.10: DEPOSIT IN SPECIAL PURPOSE FUND. All revenues collected
pursuant to Section 610 will be deposited in a special purpose fund, hereby established, to be
known as the "Hotel-Motel Tax Fund."
Section 610.11: DISTRIBUTION. Distribution of all revenues collected pursuant to this
Ordinance will be in accordance with the percentages established in Section 610.04 shall be
under budget approved annually by the St. Joseph Economic Development Authority and will be
used for the purpose of the advancement of the City of St. Joseph as a tourist and convention
center. The City may retain a sum not to exceed the actual amount of its costs incurred in the
collection and administration of this tax.
610-4
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS ............................................................................................................615- 1
Section 615.01: DEFINITIONS.................................................................................. 615-1
Section 615.02: PERMIT AND LICENSES REQUIRED........................................... 615-1
Section 615.03: APPLICATION FOR PERMIT......................................................... 615-1
Section 615.04: PERMIT FEES; TRANSFERABILITY............................................. 615-2
Section 615.05: TERM OF PERMIT.......................................................................... 615-2
Section 615.06: INSURANCE.................................................................................... 615-2
Section 615.07: SOUND DEVICES ........................................................................... 615-2
Section 615.08: SALES WHILE IN MOTION........................................................... 615-3
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS...... 615-3
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.......... 615-3
615-0
CHAPTER VI—GENERAL REGULATIONS
ORDINANCE 615 PORTABLE CONFECTIONERY STORES AND MOBILE FOOD
VENDORS
Section 615.01: DEFINITIONS. For the purposes of this ordinance, the following words
and phrases shall have these designated meanings:
Subd. 1: Confectionary. A "confectionery food product"is defined as but not limited to,
ice milk, ice cream, candy and popcorn.
Subd. 2: Portable Confectionary Store. A vehicle, regardless of the manner in which it is
propelled, for transporting prepackaged confectionery food products, in the vehicle, for the
purpose of selling such food products form such vehicle.
Subd. 3: Food Truck or Mobile Food Vendor. A vehicle who prepares and sells food
from a properly licensed vehicle eligible to operate on private property for a specified period of
time.
Section 615.02: PERMIT AND LICENSES REQUIRED.
Subd. 1. Permit Required. No person shall use, conduct or operate in the City a portable
confectionery store or mobile food vendor or food truck without having obtained a permit from
the City.
Subd. 2. Exemption. This Chapter shall not apply to those motor vehicles used
exclusively for the regular delivery of fluid milk and related dairy products to homes. This
chapter shall also not apply to temporary food truck or portable confectionery stores for specific
community events.
Section 615.03: APPLICATION FOR PERMIT.
Subd. 1. Form. An application for a permit shall be submitted to the City on forms
prepared by the City.
Subd. 2. Required Information: The applicant shall file with the application such
information as will clearly establish the times and the places where the applicant desires to
operate such portable stores or mobile food vendors/food truck; shall describe the physical
characteristics of such portable stores or mobile food vendors/food truck; shall describe the
wares to be sold and any other information the City may require.
615-1
CHAPTER VI—GENERAL REGULATIONS
Subd. 3. Submission: Each application for a permit required hereunder shall be submitted
to the City.
Subd. 4. Each mobile food vendors/food truck shall not receive a permit under this
section who has not first received a license from the State and/or County Health Department
authorizing such food preparation and sales. Any conditions of the State Health Department shall
be incorporated into the license issued under this Section, in addition to any other conditions
imposed by the City of St. Joseph.
Subd. 5. Issuance: Permits shall not be issued if the administration finds that the health,
welfare or safety of the public will be endangered by the operation of a portable confectionery
store or mobile food vendors/food truck.
Subd. 6. Each vehicle shall have current license plates, pass any required DOT
inspections and contain a current certified fire extinguisher as required.
Section 615.04: PERMIT FEES; TRANSFERABILITY.
Subd. 1. Fee. The fee for each permit shall be established by Council resolution and:
a. There shall be no prorating or refunding of permit fees, nor shall a permit be
transferable.
b. A separate permit shall be required of each portable confectionery store or mobile
food vendors/food truck regardless of ownership.
Section 615.05: TERM OF PERMIT. All permits issued hereunder shall expire January
1 of each year.
Section 615.06: INSURANCE.
Subd.1. Liability Insurance Required: The applicant shall carry a general policy of
liability insurance in which the City is named coinsured which shall provide a limit of coverage
of not less than three hundred thousand dollars/one hundred thousand dollars
($300,000.00/$100,000.00) for bodily injury and twenty five thousand dollars ($25,000.00) for
property damage.
Subd. 2. Notice of Cancellation: The insurance policy required by this Section shall
further provide that no cancellation of said insurance policy, for any cause, may be made by the
insured or the insurance company without first giving thirty (30) days' notice to the City, in
writing, of the intention to cancel. Such notice shall be addressed to the City by registered mail
or shall be delivered to the City personally.
Section 615.07: SOUND DEVICES. No person operating a portable confectionery store
shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any
loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other
615-2
CHAPTER VI—GENERAL REGULATIONS
public places of the City or upon any private premises in the City where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly heard upon the streets,
avenues, alleys, parks or public places, for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell, unless prior approval with conditions are
received from the City Administrator.
Section 615.08: SALES WHILE IN MOTION. At no time shall any sales be made from
a portable confectionery store or food truck while it is in motion.
Section 615.09: FOOD TRUCK OR MOBILE FOOD VENDOR OPERATIONS.
No external signage, other than such signage directly attached to the vehicle, may be utilized.
Subd. 1. No external seating may be utilized.
Subd. 2. No other equipment may be utilized that is not fully contained within the
vehicle.
Subd. 3. Any generator in use must be self-contained and fully screened from view.
Subd. 4. Operations shall be limited to the number of days indicated on the applicant's
State License.
Subd. 5. Applicant shall provide waste disposal for litter and garbage generated by the
operation of the Food Truck or Vehicle, and shall clean all such litter and garbage before moving
from the location.
Subd. 6. The Food Truck or Vehicle shall obey the orders of any traffic control officer,
peace officer, or inspector, and shall be open to inspection during all open hours.
Subd. 7. Vehicle size shall not exceed ten (10) feet in height, nor twenty five (25) feet in
length.
Subd. 8. Hours of operation shall occur from 7:00 AM and 11:00 PM
Subd. 9. There shall be no overnight parking of food trucks on public right of way.
Section 615.10: FOOD TRUCK OR MOBILE FOOD VENDOR LOCATION.
Subd. 1. Properly licensed Food Truck or Mobile Food Vendor may operate on eligible
public streets when occupying no more than two parallel parking spaces.
Subd. 2. In no cases, may a Food Truck or Vehicle operate in a traffic lane, on a
sidewalk, or in any location, which causes an obstruction to traffic.
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CHAPTER VI—GENERAL REGULATIONS
Subd. 3. No Food Truck or Vehicle may operate on a public street within fifty (50) feet of
the intersection of two streets or within thirty (30) feet of the intersection of a public street and
private driveway opening.
Subd. 4. A Food Truck or Vehicle may operate within a parking lot with written
permission of the property owner/s or owner's authorized representative.
Subd. 5. No food truck shall operate within 50 feet of an existing restaurant located
within the city.
Subd. 6. The City Council may approve other locations on a temporary basis.
Created 4/2016
615-4
CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING................... 806-1
Section 806.01: EXHIBITION DRIVING PROHIBITED .......................................... 806-1
Section 806.02: PENALTY........................................................................................ 806-1
806-0
CHAPTER VIII & IX—TRAFFIC & MOTOR VEHICLES
ORDINANCE 806 UNREASONABLE ACCELERATION AND BRAKING
Section 806.01: EXHIBITION DRIVING PROHIBITED. No person shall turn,
accelerate, decelerate or otherwise operate a motor vehicle within the city in a manner which
causes unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying,
throwing of sand or gravel, or in a manner simulating a race. Unreasonable squealing or
screeching sounds emitted by tires or the unreasonable throwing of sand or gravel by the tires is
prima facie evidence of a violation of this section.
Section 806.02: PENALTY. Any person violating any provisions of this ordinance shall
be guilty of a petty misdemeanor.
806-1
CITY OF ST. JOSEPH
RESOLUTION 2016-010
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE AMENDMENTS
RECITALS:
WHEREAS, on May 2, 2016, the City Council for the City of St. Joseph adopted Ordinances
610, entitled"Lodging Tax"and 615, entitled"Portable Storage and Mobile Food Vendors" ; and
WHEREAS, on May 2, 2016, the City Council for the City of St. Joseph amended the following
Ordinances: Ordinance 306 "Cable Communications", to reflect new contract language; Ordinance 401
"Municipal Water System", to reflect current City practices; Ordinance 806 "Unreasonable Acceleration
and Braking", in order to allow additional discretion for police officers.
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and
WHEREAS, the full text of the amended Ordinances are available at the City Offices, 25 College
Avenue North or on the City website, www.cityofstjoseph.com.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of 2016, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator