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HomeMy WebLinkAbout2009-01-26 Compliance Request - Outdoor Storage & Vehicle Parking City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 January 26, 2009 Mr. Dave Triemert Central Automotive 14621 60 St. N., Ste. C Oak Park Heights, MN 55082 Re: Open and Outdoor Storage & Vehicle Parking Dear Mr. Triemert: Your business operation is situated within the B -2, General Business District zone, wherein open and outdoor storage is considered an accessory use to primary business operations. Such accessory uses are permitted by conditional use permit, as per City Ordinance 401.30.E.5. Additionally, vehicle parking at the site is to be for employee and customer parking only. At no time shall any (operable) vehicle be parked for a continuous period of time longer than 24 hours in any privately owned parking lot or area, except that for good cause shown as per City Ordinance 1116.02.B. All vehicles or similar equipment situated within the exterior parking areas, legally required to be licensed, shall display current Iicensure and tabs. Per City Ordinances 1301.01 and 1301.5 vehicles being serviced or considered non - operable, partially dismantled or junked and /or being used for parts may not remain on the site for more than 72 hours unless they are within an enclosed building. As of today, Central Automotive is in violation of one or more of the above - referenced ordinances and is requested to take inventory of its site to take the steps necessary to bring the site into compliance, including but not limited to: 1. Removing all motor vehicles, recreational vehicles, and all other outside stored vehicles or equipment from the business site; and City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 January 26, 2009 Central Automotive Page2of2 2. Removing any other outside storage items and /or containers. This applies to tire storage areas, parts storage areas, sheds and similar. For your convenience, I have enclosed the aforementioned ordinances and a Development Application for your use, should you desire to seek a conditional use permit to allow open and outdoor storage as part of your business operation within the B -2, General Business District Zone. Compliance to this request shall be met no later than February 10, 2009. If you have questions regarding the above, please contact me immediately. Sincerely, J e A. Hultman Planning & Code Enforcement Officer Enclosures pc: Eric Johnson, City Administrator Property File 401.30. B -2, GENERAL BUSINESS DISTRICT 401.30.A. Purpose. The purpose of the B -2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. 401.30.B. Permitted Uses. The following are permitted uses in a B -2 District: 1. Any permitted use in the B -1 District. 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off -sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sales. 14. Optical laboratories. 15. Sexually oriented use - principal and accessory. 16. Theaters, excluding drive -in type of service. 30 -1 401.30.C. Interim Uses. The following are interim uses in a B -2 District: 18 I. Private and public elementary, junior or senior high schools for a time period not to exceed two (2) years provided that: a. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. b. Adequate off - street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E of this Ordinance. c. If outdoor recreation or playfields are proposed, adequate screening and fencing from abutting residential uses is provided in compliance with Section 401.15.E of this Ordinance. d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. e. Adequate emergency vehicle access is provided to and within the site. f. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. g. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are considered and satisfactorily met. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 401.30.E. Conditional Uses. The following are conditional uses in a B -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive -in and convenience food establishments provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment • 30 -2 in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 2. Car washes (drive through, mechanical and self - service) provided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 30 -3 c. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair -minor and tire and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 30 -4 c. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not Tess than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of- way and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. j. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. m. Provisions are made to control and reduce noise. n. No outside storage except as allowed in compliance with Section 401.30. E.5 of this Ordinance. 1 o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the 30 -5 general welfare and public betterment can be served as well or better by modifying the conditions. q. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. 4. Custom manufacturing, restricted production and repair limited to the following: art, needlework, jewelry from precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.B. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E. of this Ordinance. c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7. of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 6 6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided that: 30 -6 a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. 30 -7 n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 8. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. c. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. 30 -8 e. Loading. One (1) off - street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 9. Cellular telephone antennas not located on a public structure, provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily. 6 10. Automobile repair -major as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not Tess than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. 30 -9 h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 30 -10 1116 AN ORDINANCE REGULATING THE OPERATION AND PARKING OF MOTOR VEHICLES ON PRIVATELY OWNED PARKING LOTS AND AREAS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1116.01 Maximum Speed. No person shall operate a motor vehicle on any privately owned parking lot or area within the City at a speed greater than is safe and reasonable under the conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of fifteen (15) miles per hour. All operation and driving of motor vehicles on such parking lots shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberately engaged in by the driver. It shall be unlawful for any person to operate any motor vehicle upon such lot in any manner that would constitute careless driving if done on a public street. No person shall engage in any drag racing or exhibition driving on any such parking lot or area. 1116.02 Parking of Vehicles. A. The parking of vehicles on such lots shall conform to the marking of stalls or positions for parking which are designated on the surface of the parking area and no vehicle shall be parked or allowed to stand in the area of the parking lot which has been so designated or is used as a lane for moving traffic so that such parking will interfere with the moving of traffic therein. B. No vehicle shall be parked for a continuous period of time longer than twenty -four (24) hours in any parking lot or area except that for good cause shown, the Chief of Police for the City of Oak Park Heights may, on application of the property owner and /or business operator adjacent to the parking area, allow parking of specified vehicles for period of time in excess of twenty-four (24) hours. 1116.03 Notice of Collision. In the event that any person who drives a motor vehicle upon such a parking lot or area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles, parked upon said lot, such driver shall leave a notice upon each unattended vehicle with which he has collided, giving his name, address, and license number. Failure on the part of any person to comply with this section shall constitute a violation of this Ordinance. 1 1116.04 Violation and Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) or by imprisonment not to exceed ninety (90) days, or both. 2 1301 AN ORDINANCE REGULATING AND LIMITING THE STORAGE OF VEHICLES AND DECLARING CERTAIN VEHICLES TO BE A PUBLIC NUISANCE. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1301.01 Definitions. The following words and terms for the purpose of this Ordinance are defined as follows: A. "Junk Car" means any motor vehicle which is not in operable condition, partially dismantled, used for repair of parts or as a source of repair or replacement parts for other vehicles, kept for scrapping, dismantling or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota. B. "Person" means a natural person, firm, association, partnership, or corporation including any agent of any of the aforesaid. C. "Public Place" means any street, avenue, alley, road, highway, boulevard, parking lot or facility, park, or other public property or premises. D. "Unclaimed Vehicles" means any impounded vehicle not claimed by or, for any reason, not released to the owner thereof within twenty -four (24) hours after notice is either received by the owner or notice mailed to him as provided herein. 1301.02 Certain Vehicles Declared a Public Nuisance, Removal and Impounding Thereof. Any vehicle, whether occupied or not, that is found stopped, standing, or parked in violation of the traffic regulations and provisions of the City of Oak Park Heights, or that is reported stolen or that is found impeding fire fighting, snow removal or the orderly flow of traffic, or any stock or junk car on any public place, or on any private land or premises, unless it shall be in a building, such vehicle is hereby deemed and declared to be a public nuisance and such nuisance may be abated in the manner hereinafter set forth. Any City police officer, fireman, or other duly authorized personnel, such as City employees in charge of roads and snow removal, may immediately order such nuisance vehicle to be removed and impounded in the manner hereinafter provided and it shall be surrendered to the duly identified owner thereof by the towing company only upon payment of the fees hereinafter provided which are declared to be the vehicle pound fees covering such vehicle. 1 1301.03 Parking, Storage, Repair of Maintenance on Junk Cars. No person shall park, keep, place, store, or permit the parking or storage of, or repair or replace parts or to do maintenance work on any public place, or on any private lands or premises, unless such vehicle shall be within a building on such private premises. 1301.04 Abandonment. No person shall abandon any junk car, junk motor vehicle or any part thereof, or therefrom, upon any public place in the City of Oak Park Heights. 1301.05 Partially Dismantled, Wrecked, Junked, Discarded or Non - operating Vehicles on Private Property. It shall be unlawful for any person in charge or in control of any property within the City of Oak Park Heights to allow any partially dismantled, non - operating, wrecked, junked or discarded vehicle, including any part thereof or therefrom, to remain on any private property unless within an enclosed building for any period longer than seventy -two (72) hours. 1301.06 Towing Contractor. The City of Oak Park Heights may contract with one or more persons, firms, or corporations to provide to such City the towing services required to enforce this and other City ordinances and State laws. 1301.07 Impounding, Towing and Release. The towing company shall take immediate possession of any vehicle duly ordered, impounded and ticketed for any traffic or parking violation, and shall tow such vehicle to the car pound. No such vehicle shall thereafter be released without authorization by the City of Oak Park Heights Police Department. The towing company shall, immediately after impounding any vehicle, notify the City Police Department of all such impounded vehicles including description, license number and other pertinent information. 1301.08 Notice to Owner. The City Police Department shall give notice of the impounding of any such vehicle to the owner thereof as such owner is shown by the records of the State Registrar of Motor Vehicles. Such notice shall be by registered or certified mail and shall be addressed to the address as indicated on said records. Such notice shall include a description of such motor vehicle, notice of such possession, location of the motor vehicle impounded, and a statement of the intent of the City to dispose of such motor vehicle after thirty (30) days unless such motor vehicle is released. 2 n � 1301.09 Storage of Impounded Vehicles. The towing company during the time the vehicle is impounded shall not permit the vehicle to be removed or released to the owner until the impounding and storage fees hereinabove provided have been paid. At the time of the return of the vehicle, the towing company shall release the same by a release in writing which will state the date of such release together with the charges enumerated thereon and the purpose for which such charges were made. 1301.10 Report of Police Officer. Any police officer or other authorized person directing the impounding of any unoccupied or damaged vehicle shall prepare a written report of such vehicle which report shall, among other things, include the following: make of the car, license number, separate articles of personal property, general description of the car with regard to condition, damaged parts, and other such information as may be necessary to describe adequately the vehicle and property delivered to the towing company. The towing company shall receipt for and check such report and his signature thereon shall be considered a receipt for the vehicle and the property described therein. 1301.11 Sale of Vehicles. Any motor vehicle which is impounded pursuant to this or any other ordinance or statute and which is not released within thirty (30) days of mailed notice to the owner, may be sold by such City to the highest bidder at public auction or sale, following reasonable published notice thereof. The proceeds of any such sale shall first be applied toward the cost of handling, storing and sale of such vehicle. The net proceeds shall be placed in the General Fund. If within six (6) months of such sale, the former owner applies to the City Clerk for payment of such net proceeds, and if satisfactory proof of ownership is presented, the net proceeds shall be paid to such former owner. 1301.12 Sale of Vehicle Where Owner of Vehicle Cannot Be Identified. If any such vehicle is found and removed under circumstances which do not give the Police Department or the towing company knowledge or means of inquiry as to the true owner thereof, such facts shall be immediately reported to the City Clerk. Any such vehicle, or any other vehicle or property unclaimed or abandoned by any owner for a period of thirty (30) days from and after such impounding, shall be sold by the City of Oak Park Heights at a public sale. 1301.13 Penalty. Any person violating any provision of this Ordinance shall upon conviction thereof, be punished by a fine not exceeding Seven Hundred Dollars ($700.00) or by imprisonment for not exceeding ninety (90) days, or both. 3