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CR 2012-148 First Reading of Ordinance Amending City code Sections 2005, Misdemeanors: Miscellaneous ProvisionsDecember 13, 2012 N O P K I N S Council Report 2012-148 First Reading Ordinance Amending City Code Sections 2005, Misdemeanors: Miscellaneous Provisions Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt for first reading Ordinance 2012-1059, amending City Code section 2005. Overview. Staff proposes that City Council amend the existing City Code Section 2005, Misdemeanors: miscellaneous provisions. The amendment revises the height that tree limbs must be trimmed above streets and sidewalks to 13 feet and 9 feet, respectively. The proposed amendment also prohibits planting trees, shrubs or hedges within one foot of alley or sidewalk edge. Supporting information. • Ordinance 201 -1059 1 Steven J. Stadler, Public Works Director Financial Impact: $ 0 Budgeted: Y/N -Source- Related ource:Related Documents (CIP, ERP, etc.): Notes: CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2012-1059 AN ORDINANCE AMENDING SECTION 2005 OF THE HOPKINS CITY CODE THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section Section 2005 - Misdemeanors: miscellaneous provisions is amended as follows: 2005.59. Nuisances. Subdivision 1. General rule. The things described in the subdivisions of this section are declared to be public nuisances affecting property, public and private, and public peace and safety. Subd. 2. Snow and ice not removed from public sidewalks twelve hours after the snow or ice ceased to fall thereon. Subd. 3. Trees, hedges, billboards, or other obstructions, except buildings erected in accordance with this code, which prevent persons driving vehicles approaching an intersection of public highways from having a clear view of traffic approaching such intersection from cross streets for one hundred feet along such cross streets, measured from the property line, when one hundred feet from such intersection, measured from the property line. Subd. 4. Limbs of trees that project over a public sidewalk or street and are less than aji e_feet_ _ - - Deleted: eight above the surface of such public sidewalk and hirteen feet above the surface of such street. Trees. shrubs_ - - _ Deleted: nine ---------------------- or hedges must be planted a minimum of one foot from the alley or sidewalk edge. Subd. 5. Wires except clothes line wires that are strung less than fifteen feet above the surface of the ground. (Amended Ord. No. 87-584, Sec. 1) Subd. 6. Buildings, walls and other structures which have been damaged by fire, decay, or otherwise, and which are so situated as to endanger the safety of the public. Subd. 7. Explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by this code. Subd. 8. Loud or unusual noises and annoying vibration which offend the peace and quiet of persons of ordinary sensibilities. Subd. 9. Use of public streets or sidewalks which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. Subd. 10. Allowing of water, rainwater, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. Subd. 11. Dangerous, unguarded machinery, in any public place, or so situated or operated on private property as to attract the public. Section 2005 1 Subd. 12. The doing of any thing or act, or any occupation, or any failure to act which: a) annoys, injures, or endangers the safety, health, comfort, or repose of any considerable number of persons; or b) offends the public decency; or c) unlawfully interferes with, obstructs, or tends to obstruct or renders, dangerous for passage, a lake, stream, canal, or basin, or a public park, square, street, alley, or highway; or d) in any way renders any considerable number or persons insecure in life or in use of property. It is a misdemeanor for any person, firm or corporation to cause or create any public nuisance, as defined in this subsection, or to permit such nuisance to be created or to be placed upon or to remain upon any premises owned or occupied by such person, firm or corporation. Section 2. The effective date of this ordinance shall be the date of publication. First Reading: December 18, 2012 Second Reading: January 8, 2013 Date of Publication: January 17, 2013 Date Ordinance Takes Effect: January 17, 2013 Eugene J. Maxwell, Mayor ATTEST: Kristine Luedke, City Clerk Section 2005