2004-922
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2004-922
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND
PROHIBITING ANY NEW LICENSES FOR TRANSIENT MERCHANTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1, Background and Findings:
1.01 The City Council has the power to adopt ordinances to provide for the government and good
order of the city, the prevention of crime, the protection of public and private property, the
benefit of trade and commerce, and the promotion of health, safety, order, convenience, and
the general welfare,
1.02 The City Council belieyes there is a need for a Planning Study regarding the operation of
transient merchants in Hopkins to consider how such merchants might be regulated,
including but not limited to the issues of the locations where such merchants might be
permitted to operate, the facilities from which such merchants might be permitted to
operate and the extent to which such merchants require further regulation by the City of
Hopkins.
1.02 There is a need for a moratorium to be adopted for the purpose of protecting the planning
process and the health, safety and welfare of the citizens of the City and to insure that the
City and its citizens retain the benefits of the City's zoning ordinance and other ordinances
until such time as the Planning Study can be completed, There is a need to restrict transient
merchants until a Planning Study has been completed and any modifications to the City's
regulations have been adopted,
1.03 Minnesota Statutes, Section 462.355, Subd, 4 allows the City of Hopkins to adopt an Interim
Ordinance to protect the planning process. Further, the City of Hopkins, pursuant to the
exercise of its powers to protect the health, safety and welfare of the citizens of Hopkins, has
the authority to enact an ordinance imposing a moratorium on the issuance of transient
merchant licenses, The City Council finds that adoption of this h1terim Ordinance will
protect the planning process and the health, safety and welfare of its citizens while the
Planning Study is being conducted.
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Section 2, Planning and Zoning Study /Moratorium,
2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to
amend the City's Existing Ordinances, Regulations and Official Controls or adopt new
ordinances relating to zoning, licensing and other requirements for transient merchants.
The scope of the study should include, but is not limited to, the following:
a. the particular zoning districts in which such uses should be allowed as either permitted
uses or conditional uses;
b, the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area;
d. size of any temporary structures;
e. the period of time such a use may operate;
f, the need, if any, for modifications to the licensing regulations regarding such uses ,
Section 3. Moratorium
A moratorium is hereby adopted and enacted prohibiting all new licenses for transient merchants,
This Interim Ordinance is adopted for the purpose of protecting the planning process pending
completion of the Planning Study and the review of the completed Planning Study by the City
Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the
date that is 180 days after the effective date of this Interim Ordinance, or such earlier date as may
hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim
Ordinance and the moratorium imposed hereby may be extended for a reasonable period of time by
Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any
necessary modifications to the City's Ordinances, Regulations and Official Controls.
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy,
including, but not limited to, remedies and enforcement procedures provided in the statutes of the
State of Minnesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction.
Section 5. Severability,
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part of this Interim Ordinance,
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Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication.
First Reading:
April 6, 2004
Second Reading:
April 20, 2004
Date of Publication:
April 29, 2004
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Eugene J. Maxwell, Mayor
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APPROVED AS TO FORM AND LEGALITY:
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Date
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