Section
10.01
Title of Code
10.02
Rules of
interpretation
10.03
Application to
future ordinances
10.04
Captions
10.05
Definitions
10.06
Severability
10.07
Reference to
other sections
10.08
Reference to
offices
10.09
Errors and
omissions
10.10
Official time
10.11
Reasonable time
10.12
Ordinances
repealed
10.13
Ordinances
unaffected
10.14
Effective date of
ordinances
10.15
Repeal or
modification of ordinance
10.16
Ordinances which
amend or supplement code
10.17
Preservation of
penalties, offenses, rights and liabilities
10.18
Copies of code
10.19
Adoption of
statutes and rules by reference
10.99
General penalty
§ 10.01 TITLE OF CODE.
(A) All ordinances of a permanent and
general nature of the city, as revised, codified, rearranged, renumbered, and
consolidated into component codes, titles, chapters, and sections, shall be
known and designated as the “city code,” for which designation “code of
ordinances,” “codified ordinances” or “code” may be substituted. Code title, chapter and section headings do
not constitute any part of the
law as contained in the
code.
(B) All references to codes, titles,
chapters, and sections are to the components of the code unless otherwise
specified. Any component code may be referred to and citied by its name, such
as the “Traffic Code.” Sections may be
referred to and cited by the designation “§” followed by the number, such as “§
10.01.” Headings and captions used in this
code other than the title, chapter, and section numbers are employed for
reference purposes only and shall not be deemed a part of the text of any
section.
§ 10.02 RULES OF
INTERPRETATION.
(A) Generally. Unless otherwise provided herein, or by law
or implication required, the same rules of construction, definition, and
application shall govern the interpretation of this code as those governing the
interpretation of state law.
(B)
Specific rules of interpretation.
The construction of all ordinances of this city shall be by the
following rules, unless that construction is plainly repugnant to the intent of
the legislative body or of the context of the same ordinance:
(1) AND or OR. Either conjunction shall include the other as
if written “and/or,” whenever
the
context requires.
(2) Acts by assistants. When a statute, code provisions or ordinance
requires an act to be done which, by law, an agent or deputy as well may do as
the principal, that requisition shall be satisfied by the performance of the
act by an authorized agent or deputy.
(3) Gender; singular and
plural; tenses. Words denoting the
masculine gender shall be deemed to include the feminine and neuter genders;
words in the singular shall include the plural, and words in the plural shall
include the singular; the use of a verb in the present tense shall include the
future, if applicable.
(4) General term. A general term following specific enumeration
of terms is not to be limited to the class enumerated unless expressly so
limited.
§
10.03 APPLICATION TO FUTURE ORDINANCES.
All provisions to Title I
compatible with future legislation shall apply to ordinances hereafter adopted
which amend or supplement this code unless otherwise specifically provided.
§ 10.04 CAPTIONS.
Headings and captions
used in this code other than the title, chapter, and section numbers are
employed for reference purposes only and shall not be deemed a part of the text
of any section.
§ 10.05 DEFINITIONS.
(A) General rule. Words and phrases shall be taken in their
plain, or ordinary and usual sense.
However, technical words and phrases having a peculiar and appropriate
meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
CITY. The area within the corporate boundaries of
the city as presently established or as amended by ordinance, annexation or
other legal actions at a future time.
The term CITY when used
in this code may also be used to refer to the City Council and its
authorized representatives.
CODE, THIS CODE
or THIS CODE OF ORDINANCES. This
city code as modified by amendment, revision, and adoption of new titles,
chapters, or sections.
COUNTY. The county or counties in which the city is
located.
MAY. The act referred to is permissive.
MONTH. A calendar month.
OATH. An affirmation in all cases in which, by law,
an affirmation may be substituted for an oath, and in those cases the words SWEAR
and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. All terms shall mean a pledge taken by a
person and administered by an individual authorized by state law.
OFFICER, OFFICE,
EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee,
commission, or department of this city unless the context clearly requires
otherwise.
PERSON. Extends to and includes an individual,
person, persons, firm, corporation, copartnership, trustee, lessee, or
receiver. Whenever used in any clause
prescribing and imposing a penalty, the terms PERSON or WHOEVER
as applied to any unincorporated entity shall mean the partners or members
thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Minnesota.
SUBCHAPTER. A division of a chapter, designated in this
code by a heading in the chapter analysis and a capitalized heading in the body
of the chapter, setting apart a group of sections related by the subject matter
of the heading. Not all chapters have
subchapters.
WRITTEN. Any representation of words, letters, or
figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
§ 10.06 SEVERABILITY.
If any provision of this code as now or
later amended or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions that can be given effect
without the invalid provision or application.
§ 10.07 REFERENCE TO
OTHER SECTIONS.
Whenever in one section reference is
made to another section hereof, that reference shall extend and apply to the
section referred to as subsequently amended, revised, recodified, or renumbered
unless the subject matter is changed or materially altered by the amendment or
revision.
§ 10.08 REFERENCE TO
OFFICES.
Reference to a public office or officer
shall be deemed to apply to any office, officer, or employee of this city
exercising the powers, duties, or functions contemplated in the provision,
irrespective of any transfer of functions or change in the official title of
the functionary.
§ 10.09 ERRORS AND
OMISSIONS.
If a manifest error is discovered,
consisting of the misspelling of any words; the omission of any word or words
necessary to express the intention of the provisions affected; the use of a
word or words to which no meaning can be attached; or the use of a word or
words when another word or words was clearly intended to express the intent,
the spelling shall be corrected and the word or words supplied, omitted, or
substituted as will conform with the manifest intention, and the provisions
shall have the same effect as though the correct words were contained in the
text as originally published. No
alteration shall be made or permitted if any question exists regarding the nature
or extent of the error.
§ 10.10 OFFICIAL TIME.
The official time, as established by
applicable state and federal laws, shall be the official time within this city
for the transaction of all city business.
§ 10.11 REASONABLE TIME.
(A) In all cases where an ordinance requires
an act to be done in a reasonable time or requires reasonable notice to be
given, reasonable time or notice shall be deemed to mean the time which is
necessary for a prompt performance of the act or the giving of the notice.
(B) The time within which an act is to
be done, as herein provided, shall be computed by excluding the first day and
including the last. If the last day is a
legal holiday or a Sunday, it shall be excluded.
§ 10.12 ORDINANCES REPEALED
This code, from and after its effective
date, shall contain all of the provisions of a general nature pertaining to the
subjects herein enumerated and embraced.
All prior ordinances pertaining to the subjects treated by this code
shall be deemed repealed from and after the effective date of this code.
§ 10.13 ORDINANCES
UNAFFECTED.
All ordinances of a temporary or
special nature and all other ordinances pertaining to subjects not embraced in
this code shall remain in full force and effect unless herein repealed
expressly or by necessary implication.
§ 10.14 EFFECTIVE DATE
OF ORDINANCES.
All ordinances passed by the
legislative body requiring publication shall take effect from and after the due
publication thereof, unless otherwise expressly provided.
§ 10.15 REPEAL OR
MODIFICATION OF ORDINANCE.
(A) Whenever any ordinance or part of
an ordinance shall be repealed or modified by a subsequent ordinance, the
ordinance or part of an ordinance thus repealed or modified shall continue in
force until the publication of the ordinance repealing or modifying it when
publication is required to give effect to it, unless otherwise expressly
provided.
(B) No suit, proceedings, right, fine,
forfeiture, or penalty instituted, created, given, secured, or accrued under
any ordinance previous to its repeal shall in any way be affected, released, or
discharged, but may be prosecuted, enjoyed, and recovered as fully as if the
ordinance had continued in force unless it is otherwise expressly provided.
(C) When any ordinance repealing a
former ordinance, clause, or provision shall be itself repealed, the repeal
shall not be construed to revive the former ordinance, clause, or provision,
unless it is expressly provided.
§ 10.16 ORDINANCES WHICH
AMEND OR SUPPLEMENT CODE.
(A) If the City Council shall desire to
amend any existing chapter or section of this code, the chapter or section
shall be specifically repealed and a new chapter or section, containing the desired
amendment, substituted in its place.
(B) Any ordinance which is proposed to
add to the existing code a new chapter or section shall indicate, with
reference to the arrangement of this code, the proper number of the chapter or
section.
In addition to this
indication as may appear in the text of the proposed ordinance, a caption or
title shall be shown in concise form above the ordinance.
§ 10.17 PRESERVATION OF
PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force
prior to the effective date of this code shall be prosecuted and remain
punishable as provided by those laws.
This code does not affect any rights and liabilities accrued, penalties
incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are
continued; punishments, penalties, or forfeitures shall be enforced and imposed
as if this code had not been enacted. In
particular, any agreement granting permission to utilize highway right-of-ways,
contracts entered into or franchises granted, the acceptance, establishment or
vacation of any highway, and the election of corporate officers shall remain
valid in all respects, as if this code had not been enacted.
§ 10.18 COPIES OF CODE.
The official copy of this code shall be kept
in the office of the City Clerk for public inspection. The Clerk shall provide a copy for sale for a
reasonable charge.
§ 10.19 ADOPTION OF
STATUTES AND RULES BY REFERENCE.
It is the intention of the City Council
that, when adopting this Minnesota Basic Code, all future amendments to any
state or federal rules and statutes adopted by reference in this Code or
referenced in this Code are hereby adopted by reference or referenced as if
they had been in existence at the time this Code was adopted, unless there is
clear intention expressed in the Code to the contrary.
§ 10.99 GENERAL PENALTY.
(A) Any person, firm, or corporation
who violates any provision of this code for which another penalty is not
specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any
crime which is a misdemeanor under this code, including Minnesota Statutes
specifically adopted by reference, shall be a sentence of not more than 90 days
or a fine of not more than $1,000, or both.
(B) Any person, firm or corporation who
violates any provision of this code, including Minnesota Statutes specifically
adopted by reference, which is designated to be a petty misdemeanor shall, upon
conviction be guilty of a petty misdemeanor.
The penalty which may be imposed for any petty offense which is a petty
misdemeanor shall be a sentence of a fine of not more than $300.
(C) In either the case of a misdemeanor
or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed
upon each day during which a violation occurs
or continues.
(D) The failure of any officer or
employee of the city to perform any official duty imposed by this code shall
not subject the officer or employee to the penalty imposed for a violation.