HomeMy WebLinkAboutOrdinance - 17-2018 - Amending City Code 5.37, Related to Peddlers - 08/30/2018 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 17-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO PEDDLERS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5, Section 5.37, Subdivision 6 A is hereby amended by deleting the
phrase"of the applicant's business and moral character".
Section 2. City Code Chapter 5, Section 5.37, Subdivision 6 B is hereby amended by deleting the
first sentence in its entirety and replacing it with the following:
If, as a result of such investigation, the Chief of Police determines
that no grounds exist to deny the permit under Subd. 6 C, the Chief
of Police shall endorse on the application his/her approval and return
the application to the City Clerk, who shall issue the permit to the
applicant.
Section 3. City Code Chapter 5, Section 5.37, Subdivision 6 C is hereby amended by deleting the
first sentence and the first clause of the second sentence and replacing them with the following:
If, as a result of such investigation, the Chief of Police determines
that grounds exist to deny the permit under this Subd. 6 C,the Chief
of Police shall endorse on such application his/her disapproval and
his/her reasons for the same, and return the application to the City
Clerk, who shall notify the applicant that his/her application is
denied and that no permit will be issued. The following shall be
grounds for denying a permit:
Section 4. City Code Chapter 5, Section 5.37, Subdivision 6 C 4 is hereby amended in the first
sentence by adding after the word "A" the phrase "(i) criminal charge, citation or complaint that
is pending or(ii)".
Section 5. City Code Chapter 5, Section 5.37, Subdivision 6 C 7 is hereby deleted in its entirety
and replaced with the following:
7. When an applicant has a bad business reputation, evidence of which
shall include the existence of an enforcement action against the
applicant by the Office of the Minnesota Attorney General or
another state's regulatory office or department (such as another
state's attorney general's office), or other business or consumer
rights office or agency, within the preceding twelve (12)months, or
three(3)complaints filed with the city or another city,town,or other
political subdivision against an applicant that resulted in a written
reprimand or warning to the applicant within the preceding five (5)
years.
Section 6. City Code Chapter 5, Section 5.37, Subdivision 8 C is hereby amended by deleting
"7:00 p.m." and replacing it with "9:00 p.m.".
Section 7. City Code Chapter 5, Section 5.37, Subdivision 9 A is hereby amended by deleting
the word"action"; adding after the words"or any"the words"grounds for denial of a permit"; and
adding after the words"identified in Subd. 6 C"the words"that existed at the time the permit was
issue or arose subsequent to the issuance of the permit."
Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 9. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 171' day
of July, 2018 and finally read and adopted and ordered published at a regular meeting of the City
Council of said City on the 21'day of August, 2018.
Kath n Porta, City Clerk RaAcy,OPS-Tuee or
PUBLISHED in the Eden Prairie News on August 30, 2018.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 17-2018
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE SECTION 5.37 RELATING TO PEDDLERS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends City Code Section 5.37 relating to peddlers by
removing references to "the business and moral character"of the applicant; adding as grounds for
denial of a permit a pending criminal charge, citation or complaint; extending the curfew for
peddlers, solicitors, transient merchants, and non-commercial door-to-door advocates from 7:00
p.m. to 9:00 p.m.; and providing as a grounds for revocation of a permit any matter that is grounds
for denial of a permit that existed at the time the permit was issued or subsequently arose.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kat en orta, City Clerk N kcy 0 fa-L e or
PUBLISHED in the Eden Prairie News on August 30, 2018.
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
CITY OF EDEN PRAIRIE,,, . County of Hennepin )
13ENMPM COUNTY,
ACINNEISOTA .
MAIEtStEt *RDINANCE
b O " Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the
CIT' A publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
has full knowledge of the facts herein stated as follows:
CODE SECTION 5.37 RELATING
TOPE MZRS;ANDADOPTING (A)This newspaper has complied with the requirements constituting qualification as a legal
BY REFERENCE CITY CODE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
CHAPTER 1 AND SECTION mended.
5.99 WHICH, 4AMMONG OTHER
THINGS, CONTAIN PENALTY o
PROVISIONS ' (B)The printed public notice that is attached to this Affidavit and identified as No.
THE CITY COUNCIL OF was published on the date or dates and in the newspaper stated in the attached No ice and said
THE CITY OF EDEN.PRAIRIE. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
MINNESOTA,ORDAINS: the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Summary., This vtdtnance inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
amends'City Cade Seotlbn b37 and publication of the Notice:
relating to peddh"1wr+em iz
referenced to tt►e�s mess And abcdefghijklmnopgrstuvwxyz
moral character cf the applicant;
adding as grounds for denial
of a jinkii& g crta thal
charger.:tntapec complaint;
,
By:
'� -trarieieiita� 0, Laurie A.Hartmann
advc>catses .to 9:00
p'm"and;wovkUngAs A grounds Subscribed and sworn before me on
for revocafdon of a. mit•any
matter that Is for denial
of a permit ' e bW at the
time the perikit to"19sued or IYN
subsequeeWxmee this?j day of 12018
1#�ect This upon •JYMME JEANNETTE BARK
NOTARY PUBLIC•MINNESOTA
-
MY COMMISSION EXPIRES 01131123
N Public
City_ 3
tlbe Eden Prairie
News on, ;August 80,
2018•No.SM
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.97 per column inch