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2005-956 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2005-956 AN EMERGENCY ORDINANCE FOR TIlE PURPOSE OF PROTECTING THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS AND FOR REPEALING THE EXISTING EMERGENCY INTERIl\1 ORDINANCE REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS AND ALL PREVIOUS ORDINANCES REGULATING THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF SIGNS. THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Preamble 1.01 The City Council finds that the lack of a comprehensive, constitutionally sound ordinance regulating signs in the City of Hopkins constitutes an emergency threatening public health, safety and welfare because, among other concen1S, (1) signs could be erected without regard to the manner in which the size or location of the sign or signs interferes with traffic sight lines, endangering or distracting drivers and pedestrians alike, thereby causing traffic hazards and; (2) signs could be constructed in a manner or from such materials as are structurally unsound vulnerable to collapse, endangering persons or property in the vicinity of the signs. Tile following ordinance is hereby adopted: Section 1. Findin2:s. 1.01 A lawsuit was filed against the City of Hopkins (Advanta2e Media~ L.L.C.~ et at. v. City of Hopkins, U.S. Dist. Ct. File No. 04-04959, hereafter, the "Lawsuit") challenging the constitutionality of the SIgn Ordinances and, on July 29,2005, U.S. District Court Judge Michael Davis !sslled a prelilninary injunction in tbe Lawsuit preventing Hopkins fronl enforcing the Sign Ordinances while the injunction was in place. 1.02 As a result of the injunction, Hopkins was without any regulation regarding the size and location of signs, the number of signs that might be permitted on a property and the types of materials fi-om which signs can be constructed, and; 1.03 Pursuant to Section 3.()] Subd. 4 of the Hopkins Charter, the City Council on August 3, 2005, adopted Ordinance No. 2005-954, an en1ergency interim ordinance to regulate the conslruclion, installation and Inaintenance of signs in Hopkins while a conlprehensive, constitutionally sound sign ordinance could be drafted. 1.04 The City Council has reviewed proposed Ordinance No. 2005-955, an emergency ordinance adopting a new ordinance to regulate the construction, installation and maintenance of signs in the City of Hopkins and the City Council hereby finds Ordinance No. 2005-955 to constitute a comprehensive, constitutionally sound sign ordinance. Section 2. Repeal. 2.01 Ordinance No. 2005-954, as adopt~d on August 3, 2005, and the entirety of Section 570 of the Hopkins City Code as adopted by Hopkin~ Ordinance 86-569 on Novelnber 18, 1986, and amended thereafter, are hereby repealed in their entirety. Section 3 Effective Date. 3.01 Pursuant to Section 3.03 Subd. 1 of the Hopkins Charter, this Emergency Ordinance shall be effective imlnediately. Date Ordinance Takes Effect: August 16, 2005 ~L~ APPROVED AS TO FORM AND LEGALITY: August 16. 2005 Date C Hopclvil\EmelgRepealOrd - 2 -