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Ordinance 056• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 56 AN ORDINANCE ESTABLISHING REGULATIONS FOR THE KEEPING, RAISING OR BOARDING OF HORSES WITHIN THE CITY AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. PURPOSES AND INTENT. This ordinance is enacted for the purpose of establishing regulations for the keeping, raising or boarding of horses. SECTION 2. STABLE PERMITS. No person, firm or corporation shall maintain or stable horses , colts, ponies or mules (hereinafter referred to as norses) upon land lying within the limits of the City of Chanhassen without first obtaining a permit therefor (nereinafter referred to as a stable permit) from the City Clerk. Upon the filing of the application for such permit, as provided by Section 3 hereof, such person, firm or corporation (hereinafter referred to as the applicant) shall pay to the City Treasurer an applica- tion fee of Ten ($10.00) Dollars. This fee shall not be refundable. SECTION 3. APPLICATION FOR STABLE PERMIT. Application for said stable permit shall be made in writing by the stable owner or his agent for each stable, upon forms furnished by the City Clerk. Each applica- tion for a stable permit shall include the name and mailing address of the owner and applicant, the legal description of the property on which the stable will be maintained, the name and mailing address of the owner of the land, the area expressed in acres designated for the keeping of horses, the total number of horses to be kept, infor- mation identifying each norse to be stabled on the land, and a description of the shelter provided for stabling. Said application form shall be signed by the applicant and shall also contain the applicant's affirmation that the facts set forth in said application are true and correct to the best of his or her knowledge and shall also contain the applicant's statement of consent to reasonable inspection of the, subject premises as provided by Section 4 of tnis ordinance. SECTION 4. HORSE COMMITTEE. The City Council hereby authorizes the establishment of a Horse Committee. (1) Tne Horse Committee shall inspect the premises of those seeking a a stable permit, shall receive complaints from tnose aggrieved by norse owners or keepers , shall investigate complaints , shall advise horsemen against whom complaints nave been lodged and shall recommend appropriate 40 action to the City Council. - 1 - (2) The City Council shall appoint three (3) persons to the Horse • Committee, including when possible a representative of the largest local • horse -oriented association or club, a licensed veterinarian, and any other person whom the City Council feels is qualified to serve. Each member will serve a two (2) year term and is eligible for reappointment at the end of that term. (3) The Horse Committee shall inspect the premises and recommend in writing approval or disapproval to the City Council of all applications for permits under this ordinance. (4) The Horse Committee shall re -inspect the premises at such times as the City Council,by a majority vote, shall direct; and the Horse Commit- tee shall report in writing its findings as to whether proper grounds may exist for revocation of the owner's stable permit, as provided in Section 7 of this ordinance. (5) This section notwithstanding, the City Council reserves the right to make independent inspection of the premises. SECTION 5. CITY COUNCIL APPROVAL. After recommendations of the Horse Committee have been received, a stable permit shall be issued by the City Clerk upon approval of the application by the City Council by a four-fifths (4/5) majority vote. The following standards shall be met and provided by the applicant, except as provided by Section 10 of this ordinance, prior • to approval of an application and issuance of a stable permit: (1) Housing enclosures for horses shall be at least one nundred (100) feet from any neighboring residential structure used for human habitation. (2) Land upon which horses are to be stabled and pastured (hereinafter referred to as the stabling area) must be surrounded by a sturdy fence which will keep horses confined. (3) No stable permit shall be issued for a lot of less than one (1) acre. Minimum acreage for two (2) horses shall be one and one-half (1-1/2) acres and for three (3) horses shall be two (2) acres. An additional one-third (1/3) acre shall be required for each additional horse. (4) Housing or shelter must be provided which will keep horses comfort- abl-= and protected from the elements , and said housing or shelter snall be so located as not to create a nuisance. (5) Accumulations of manure shall be located at least one hundred (100) feet from any well. All accumulations of manure shall be removed at such periods as will insure that no leaching or objectionable ordors exist, and the premises shall not be allowed to become unsightly. • - 2 - SECTION 6. ANNUAL REGISTRATION STATEMENT. • By June 1 of each year, the holder of a stable permit shall file, upon forms furnished by the City Clerk, an annual registration statement with the City Clerk setting forth the current status of the information required by Section 3 of this ordinance. Said annual registration statement form shall be signed by said holder and shall contain said holder's affirmation that the facts set forth in said registration statement are true and correct to the best of his or her knowledge, and shall also contain said holder's statement of consent to reasonable inspection as provided by Section 4 of this ordinance. Upon the filing of such annual registration statement, such holder shall pay to the City Treasurer an inspection fee of Ten ($10.00) Dollars. This inspection fee shall not be refundable. Failure to file the annual registration statement by the indicated date will result in automatic cancellation of the stable permit and said permit shall be auto- matically void. The holder of such a cenceled and void stable permit shall be required to make application for a new stable permit as provided by Section 3 of this ordinance; the subject premises shall be inspected as provided by Section 4 of this ordinance; and in no event shall the City Clerk issue a new stable permit to said holder except upon City Council approval as provided by Section 5 of this ordinance. SECTION 7. REVOCATION OF STABLE PERMIT. Permits issued pursuant to this ordinance may be revoked by the City Council • if the Council finds , by a four-fifths (4/5) majority vote, after investigation by the Horse Committee and after holding a hearing thereon, preceded by notice of the hear- ing to be given to the holder of the permit mailed to the address shown on the appli- cation or most recent annual registration statement at least ten (10) days prior to said hearing that: (1) The applicant has not maintained the standards set forth in Section 5 of this ordinance; or (2) The winter accumulation of manure is not removed from the stabling area prior to May 1 of each year or as soon as is practicable thereafter; or (3) The applicant has failed to make a reasonable effort to keep the horse, or horses,under control and contained within the applicant's stabling area; or (4) The horse, or horses , has been treated cruelly or inhumanely; or (5) The horse, or horses , is kept, stabled, boarded or harbored in such a manner as to constitute a public nuisance; or (6) The accumulations of manure present a nazard to public health. SECTION 8. RIDING REQUIREMENTS. The City Park and Recreation Commission shall recommend to the City Council those areas on public lands, parks and beaches where horses may be ridden. The - 3 - following standards shall be strictly followed: • (1) No person shall ride , drive or lead any horse upon private property is without first obtaining the written permission of the property owner. (2) No person may ride or drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appro- priate lighting or reflectorized clothing. (3) Every person riding a horse or driving any horse-drawn vehicle upon a public roadway shall be subject to those provisions of the City Ordinances applicable to the driver of a motor vehicle, except those provisions which by their nature have no application. (4) No person may ride a horse on any public land, park or beach except in areas duly designated as a riding path, trail way or hitching area by the City Council and so posted by the City Park and Recreation Commission. (5) Paragraphs (3) and (4) above notwithstanding, no person shall ride, drive or lead any horse upon the boulevard of any platted area in this City. (6) No person shall interfere with any horse being ridden or kept in a lawful manner. SECTION 9. RUNNING AT LARGE PROHIBITED. 0 No horse shall be permitted to run at large within the limits of the City. • SECTION 10. EXISTING STABLES. Persons , firms or corporations maintaining or stabling horses as of the effec- tive date of this ordinance shall comply with all provisions of this ordinance except the requirements of Section 5(1) and 5(3). The previous sentence notwithstanding, it shall be unlawful for such persons , firms or corporations or their neirs and assigns to: (1) Enlarge , alter or increase the area of any norse housing enclosure not meeting the standards set forth in Section 5(1); or (2) Increase the number of norses beyond the number of said horses stabled on the subject premises as of the effective date of this ordinance. Maintenance , necessary non-structural repairs and incidental alterations of such housing enclosure shall nonetheless be permitted provided that such mainte- nance , repairs or alterations do not extend, enlarge or intensify said housing enclosure. Any exemption under tnis section from the provisions of Sections 5(1) and 5(3) shall be terminated and become void: (1) Upon the subdivision, platting or replatting of the subject parcel • of land for which a .stable permit is required; or to - 4 - • r (2) In the event that the use of said parcel of land for the maintain- ing and stabling of horses is discontinued for a continuous period of more than one year. SECTION 11. VARIANCES. To provide reasonable flexibility in the operation of this ordinance, the City Council may approve, by a four—fifths (4/5) majority vote, applications for stable permits which do not meet all the requirements of this ordinance where such excep- tion would not be inconsistent with the intent of the ordinance. SECTION 12. VIOLATIONS OF THIS ORDINANCE. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not to exceed Three Hundred ($300.00) Dollars or imprisonment of not to exceed ninety (90) days or both. In the event that any of the provisions of this ordinance are violated, the City Clerk may institute any proper action or proceeding in the name of the City to restrain or abate such violation. SECTION 13. EFFECTIVE DATE. This ordinance shall take effect and be in force after its passage and publi- cation according to law. SECTION 14. REPEAL. Chanhassen Township Ordinance No. 11, enacted September 16, 1964, is hereby repealed. SECTION 15. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is , for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Passed by the Council this day of ��'� 1975. ATTEST: ) Ksz CLERK-ADMI STRATOR Published in Carver County Herald - 5 - MAYOR on April 24, , 1975. STATE OF MINNESOTA SS. County of ... a_ v O ...... r _`"��_r, r'. zr ...... p . C, G_,_,,, being duly sworn, on oath says; that he is, and during all the times stated has, been the ... `^•)?P.+'• ............. . publisher of the newspaper known as n and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the ................ hereinafter described, said newspaper was printed and l: p published in the �• ,� .�. of ..... a .. t ................ in the County of . . c , , `(GA .................... �'7L'' `r, ` ' State of Minnesota, on i .. - - ...... Y ..... of each week; that during all said time said newspaper has been printed in the English language from its known office of publication within the .. �.1.0 Y ........ from which it purports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued ... • . • • • •Qr=(�•W • • • • • . • • • • • • • • • • each week from a known office established in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and the presswork on that part of the newspaper devoted to local news of interest to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five per cent of its news columns have been devoted to local news of interest to the community it purports to serve; that. during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local post office; and that there has been on file in the office of the Varve County Auditor of ...... • • • • • • • • • • • • • • • • • • • • • • • • County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the ..' .a 11"7.' 1 C F • _ ... . , . • . • , , , , . hereto attached was cut from the week, for . •�'' I :tll- . day of ... h ?- • ........... • • • ; a ere- Xf%,k:A,n-y; 3,.X X3 -X..••3 •-xX,mak .-magk^'p*_� t9" m iP'AR0.1p0k-the z'. .: . that the following is a printed copy of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: (Pa't�Hcr ro of Comp ete Lower abedefghijklmnopgrstuvwxyz case/ Withp}xt�Spacing) abcdefghijklmnopgrstuvwxyz ..u...' f ....................................... Subscribed and sworn to before m t > day of • • • • • • ............. Notary Public, • • • • • • • County, Minn. My commission expires ... • ; - • • �°• • • • • • • 19 •• s z I C I -,,w`; 1 C, Cawer Cou sc f�,i; (4) The Horse Committee shall (1) Enlarge, alteror increase the re -inspect the premises at such area of any horse housing enclosure times as the City Council, by a not meeting the standards set forth majority vote, shall direct; and the in Section 5(1); or Horse Committee shall report in (2) Increase the number of horses writing its findings as to whether beyond the number of said horses proper grounds may exist for stabled on the subject premises as revocation of the owner's stable of the effective date of This or - permit, as provided in Section 7 of dinance. this ordinance. Maintenance, necessary non - (5) This section notwithstanding, structural repairs and incidental the City Council reserves the right alterations of such housing en - to make independent inspection of closure shall nonetheless be per - the premises. mitted provided that such main - SECTION 5. CITY COUNCIL tenance, repairs or alterations do APPROVAL. not extend, enlarge or intensify said After recommendations of the housing enclosure. Any exemption' Horse Committee have been under this -section from the received; a stable permit shall be provisions of Sections 5(1) and 5(3) issued by the City Clerk upon ap- shall be •terminated -,and becomeq proval of the application by the City void: M Council by a four-fifths (4-5) ; (1)Uponlhesubd,v,siin,platifng majority vote. The following or replattih6130hesubject parcelof standards shall be met and . land for which a stable permst.Js provided by the applicant, except required; Or as provided by, Section 10 of this (2) In the event that the use of ordinance, prior to approval of an said parcel of land for the main-' application and issuance of astable taining and stabling of horses is permit: discontinued for, a continuous (1) Housing enclosures for horses period of more than one year., shall be -at least one hundred 1100) SECTION 11. VARIANCES. feet from any neighboring ,To provide reasonable flexibility residential structure used,, or in, the operation of this ordinance, human habitation. the City Council may approve, by a (2) Land upon which horses are to four-fifths (4-5) majority vote, be stabled and pastured applications for stable permits (hereinafter referred to as the Which do not meet all the , stabling area) must be surroylnll `(9 requirements of this ordinance by a sturdy fence which w,lr.,ke where such exception would not be horses confined. inconsistent with the intent of the (3) No stable permit shatebe ordinance. issued for a lot of less than one (1) acre. Minimum acreage for two ('}; SECTION 12. VIOLATIONS OF horses shall be one and one-half THIS ORDINANCE. 1.12) acres and for three (3) horses Any person- violating the. ;hall be two (2) acres. An ad- pcovisionsof this ordinance shall be ditionalone-third(1-3) acre shall be guilty of a misdemeanor and upon required for each additional horse. conviction thereof, shall be (4) Housing or shelter must be punished by a fine of not to exceed provided which will keep h'oi{ses Three Hundred ($300.00) Dollars or comfortable and protected from the imprisonment of not to exceed elements, and said housing or ninety (90) days or both. In the shelter shall be so located as ;n" do event that any of the provisions :of create a nuisance.' thisordinance areyiolated, the City (5) Accumulations of rin"' re Clerk may .institute any proper shall be located at ieast one,.hun- action or proceeding in the name of dred (100) feet from any Well ,U the City'to_restra'in or abate such accumulations of manure Shat"' a removed at such periods aS ill violation. SECTION 13. EFFECTIVE DATE. insure that no leaching or ob- This ordinance shall take effect jectionable odors exist,and the and be in force after its passage and. •: premises shall not be allowed;to publication according to law become unsightly. SECTION 14. REPEAL. SECTION 6. ANNUAL Chanhassen Township Ordinance'""` REGISTRATION STATEMENT. No. 11, enacted September 16, 1964, By June 1 of each year, the is hereby repealed. holder of a stable permit shall file, SECTION 15. SEVERABILITY. upon forms furnished by the City If any section, subsection, sen - Clerk, an annual registration tence, clause or phrase of tOis or. statement with the City Clerk dinance is, for any reason, held to :y? setting forth the current status of be invalid, such decision shall not,,,,) the information required by Section affect the validity of the remaining,` 3 of this ordinance. Said annual portions of the ordinance.. registration statement form shall Passed by the Council this 17th day be signed by said holder and shall of 'Feb., 1975. contain said holder's -affirmation Al H. Klingelhutz that the facts set forth in said ;Mayor registration statement are true and ATTEST: correct to the best of his or her Barry Brooks knowledge, and shall also contain CLERK -ADMINISTRATOR said holder's statement of.consent (Published in Carver County to reasonable inspection as Herald on April 24, 1975.) provided by Section 4 of this or- dinance. Upon the filing of such annual registration statement, such holder' shall pay to the City CITY'OF CHANHASSEN Treasurer an inspection fee of Ten ($10.00) Dollars. This inspection fee shall not be refundable. Ordinance No. 56 Failure to file the annual registration statement by The in- dicated date will result in automatic cancellation of the stable CITY OF CHANHASSEN permit and said permit shall be CARVER AND HENNEPIN automatically void. The holder of COUNTIES, MINNESOTA such a' canceled and void stable ORDINANCE NO. 56 permit shall be required to make AN ORDINANCE ESTABLISHING application for a new stable permit REGULATIONS FOR THE as provided by Section 3 of this KEEPING, RAISING OR ordinance;- the subject premises BOARDING OF HORSES WITHIN shall be inspected as provided by THE CITY AND PROVIDING Section 4 of this ordinance; and in PENALTIES , FOR THE no event shall the City Clerk issue a VIOLATION THEREOF. new stable permit to said holder THE COUNCIL OF THE CITY OF except upon City Council approval CHANHASSEN ORDAINS: as provided by Section 5 of this ordinance.' SECTION 1. PURPOSES AND SECTION 7. REVOCATION OF INTENT. STABLE PERMIT. This ordinance :senacted for the Permits issued pursuant to this purpose of establishing regulations ordinance may be revoke& by the for the keeping, raising or boarding City Council if the Council finds, by of horses. a four-fifths '(4-5) majority vote, . SECTION 2. STABLE PERMITS. after investigation- by the Horse No person, firm or corporation Committee and after holding a shall maintain or stable horses, hearing thereon, preceded .by colts, ponies or mules (hereinafter notice of the hearing to be given to referred to as horses) upon land the holder of the permit mailed to lying within the limits of the City of the address shown on the ap- Chanhassen without first obtaining plication or most recent annual a permit therefor (hereinafter regisir`ation statement at least ten referred to as a stable permit) from STATE OF MINNESOTA SS. County of ... a_ v O ...... r _`"��_r, r'. zr ...... p . C, G_,_,,, being duly sworn, on oath says; that he is, and during all the times stated has, been the ... `^•)?P.+'• ............. . publisher of the newspaper known as n and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the ................ hereinafter described, said newspaper was printed and l: p published in the �• ,� .�. of ..... a .. t ................ in the County of . . c , , `(GA .................... �'7L'' `r, ` ' State of Minnesota, on i .. - - ...... Y ..... of each week; that during all said time said newspaper has been printed in the English language from its known office of publication within the .. �.1.0 Y ........ from which it purports to be issued as above stated and in newspaper format and in column and sheet form equivalent in space to at least 450 running inches of single column, two inches wide; has been issued ... • . • • • •Qr=(�•W • • • • • . • • • • • • • • • • each week from a known office established in said place of publication and employing skilled workmen and equipped with the necessary material for preparing and printing the same, and the presswork on that part of the newspaper devoted to local news of interest to the community which it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five per cent of its news columns have been devoted to local news of interest to the community it purports to serve; that. during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said place of publication to the extent of at least two hundred and forty (240) copies regularly delivered to paying subscribers and has entry as second class matter in its local post office; and that there has been on file in the office of the Varve County Auditor of ...... • • • • • • • • • • • • • • • • • • • • • • • • County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and location of said newspaper and the existence of the conditions constituting its qualifications as a legal newspaper. That the ..' .a 11"7.' 1 C F • _ ... . , . • . • , , , , . hereto attached was cut from the week, for . •�'' I :tll- . day of ... h ?- • ........... • • • ; a ere- Xf%,k:A,n-y; 3,.X X3 -X..••3 •-xX,mak .-magk^'p*_� t9" m iP'AR0.1p0k-the z'. .: . that the following is a printed copy of the lower case alphabet from a to z both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit: (Pa't�Hcr ro of Comp ete Lower abedefghijklmnopgrstuvwxyz case/ Withp}xt�Spacing) abcdefghijklmnopgrstuvwxyz ..u...' f ....................................... Subscribed and sworn to before m t > day of • • • • • • ............. Notary Public, • • • • • • • County, Minn. My commission expires ... • ; - • • �°• • • • • • • 19 •• s z I C I -,,w`; 1 C, Cawer Cou sc f�,i; the City Clerk. Upon tl4efiling of the application for such permit, as provided by Section 3 hereof, such person, firm or corporation (hereinafter referred to as the applicant) shall pay to the City Treasurer an application fee of Ten ($10.00) Dollars. This fee shall not be refundable. SECTION 3. APPLICATION FOR STABLE PERMIT. Application for said stable permit shall'be" made in writing by the stable'owner or his agent for each stable, upon forms furnished by the City Clerk. Each application for a stable permit shall include the name and'mailing address of the owner and applicant, the legal description of the property on which the stable will be main- tained, the name and mailing ad. dress of the owner of the land, the area expressed in acres designated for the keeping of horses, the total number of horses to be kept, in- formation identifying each horse to be stabled on the land, and a description of the shelter provided for stabling. Said application form shall be signed by the ap. plicant and shall also.contain the applicant's affirmation that the facts set forth in said application are true and correct to the best of his or her knowledge and shall also contain the applicant's statement of consent to reasonable inspection of the subject premises as provided by Section 4 of this ordinance. SECTION 4. HORSE COM- MITTEE. The City Council hereby authorizes the establishment of a Horse. Committee. (1) The Horse Committee shall inspect the premises of those seeking a a stable permit, shall receive complaints from those aggrieved by horse owners" or keepers, shall investigate com. plaints, shall advise horsemen against whom complaints have been lodged and shall recommend appropriate action to the City Council. (2) The City Council shall appoint three (3) persons to the Horse Committee, including when Possible a' representative of the largest local horse -oriented association or club; a licensed veterinarian, and any other person whom the City Council feels is qualified to serve. Each member will serve a two (2) year term and is eligible for reappointment at the end of that term. (3) The Horse Committee shall inspect the premises and recom- mend in writing approval or disapproval to the City Council of all applications for permits under this ordinance. (10) days prior to said hearing that: (1) The applicant has not maintained the standards set forth in Section 5 of this ordinance; or (2) The winter accumulation" of manure is not removed from the stabling area prior to May 1 of each Year or as soon as is practicable thereafter; or (3) The applicant has failed to make a reasonable effort to keep the horse, or horses, under control and contained within the ap- plicant's stabling area; or (4) The horse, or horses, has been treated cruelly or inhumanely; or (5) The horse, or horses, is kept, stabled, boarded or harbored in such a manner as to constitute a Public nuisance; or (6) The accumulations of manure present a hazard to public health. SECTION 8. RIDING REQUIREMENTS. The City Park and Recreation Commission shall recommend to the City Council those areas on public lands, parks and beaches where horses may be ridden. The following standards shall be strictly followed: (1) No person shall ride, drive or lead any horse upon private property without first obtaining the written permission of the property owner. (2) No person may ride or drive a horse after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or refiec- torized clothing. (3) Every person riding a horse or driving any horse-drawn vehicle upon a public roadway shall be subject to those provisions of the City Ordinances applicable to the driver of a motor vehicle, except those provisions which by their nature have no application. (4) No person may ride a horse on any public land, park or beach except in areas duly designated as a riding path, trail way or hitching area by the City Council and so posted by the City. Park and Recreation Commission. (5) Paragraphs (3) and (4) above notwithstanding, no person shall ride, drive or lead any horse upon the boulevard of any platted area in this City." (6) No person shall interfere with any horse being ridden or kept in a lawful manner. SECTION 9. ; RUNNING AT LARGE PROHIBITED. No horse shall be permitted to run at large within the limits of the City. SECTION 10. EXISTING STABLES. Persons, firms or corporations maintaining or stabling horses as of the effective date of this ordinance shall comply with all provisions of this ordinance expcept the requirements of Section 5(1) and 5(3). The previous sentence not. withstanding, it shall be unlawful for such persons, firms or cor- porations or their heirs and assigns to