Section
31.01
Police Department
continued
31.02
Chief of Police
31.03
Duties of police
31.04
Uniform and badge
31.05
Extra police
31.06
Police Department
policies manual adopted
31.20
Volunteer Fire
Department continued; appointment of officers
31.21
Duties of Chief
31.22
Duties of Fire
Marshal
31.23
Records
31.24
Practice drills
31.25
Assistant Chief
31.26
Firefighters
31.27
Loss of
membership
31.28
Compensation
31.29
Interference with
Volunteer Fire Department
31.30
Bylaws
31.45
Establishment of
the Planning Commission
31.46
Composition
31.47
Organization,
meetings, minutes and expenditures
31.48
Powers and
duties; comprehensive plan
§ 31.01 POLICE DEPARTMENT
CONTINUED.
(A) The Police Department of the city
is hereby continued. The head of the Police Department shall be known as the
Chief of Police and the number of additional members of the Police Department,
together with their ranks and titles, shall be determined by the City Council
by resolution. The compensation to be
paid to members of the Police Department shall be fixed by the City
Council. Members of the Police
Department shall be appointed by the City Council.
(B) All police officers shall meet the
minimum standards for licensing as a peace officer as established by the
Minnesota Peace Officers Standards and Training Board and have a current and
valid peace officer license at the time of appointment. All police officers shall retain this license
during their employment as a police officer with the city and will be subject
to discharge if the license is suspended, revoked or becomes invalid for any
reason. In addition, all police officers
must have a valid Minnesota vehicle operator’s license and must be insurable as
a vehicle driver by the city’s automobile insurance carrier.
§
31.02 CHIEF OF POLICE.
The Chief of Police shall have
supervision and control of the Police Department and its members. The Chief of Police shall be responsible for
the proper training and discipline of the members of the Police
Department. The Chief of Police shall be
responsible for the keeping of adequate records and shall report to the City
Council on the needs of the Police Department and its work. Every member of the Police Department is
subordinate to the Chief of Police and shall obey the instructions of the Chief
of Police and any superior officer. The
City Council may designate one of the police officers as Acting Chief, who
shall have all the powers and duties of the Chief of Police during the absence or
disability of the Chief of Police.
§
31.03 DUTIES OF POLICE.
Members of the Police Department shall
enforce the laws applicable to the city, bring violators before the court, and
make complaints for offenses coming to their knowledge. Members of the Police Department shall serve
processes on behalf of the city and shall serve those notices as may be
required by the City Council or other authority. When the city is not a party to the
proceedings involved in the process or notice, the officer shall collect the
same fees as provided by law. All fees
shall be paid into the city treasury.
§
31.04 UNIFORM AND BADGE.
Each member of the Police Department
shall, while on duty, wear a suitable badge and uniform furnished by the city,
except that the Chief of Police may authorize the performance of specific
duties while not in uniform. When a
member terminates membership in the Police Department, the member shall
immediately deliver to the city the badge, uniform and all other property of
the city.
§
31.05 EXTRA POLICE.
In case
of riot or other law enforcement emergency, the Chief of Police may appoint for
a specified time as many emergency assistants to the Chief of Police as may be
necessary for the maintenance of law and order.
During the term of appointment, the emergency assistants shall have only
those powers and perform only those duties as shall be specifically assigned by
the Chief of Police and which are permitted by law.
§ 31.06 POLICE DEPARTMENT POLICIES MANUAL ADOPTED.
The Police Department Manual, as
amended, containing the general polices, procedures and rules for operation of
the Police Department of the city is hereby adopted as the official
departmental policy manual of the Police Department.
VOLUNTEER FIRE DEPARTMENT
§
31.20 VOLUNTEER FIRE DEPARTMENT CONTINUED; APPOINTMENT OF OFFICERS.
(A) There is continued in this city a
Volunteer Fire Department, which department shall have the following officers:
a Chief, and Assistant Chief, and a Fire Marshal.
(B) The Chief of the Volunteer Fire
Department shall be appointed by the City Council. The Chief of the Volunteer Fire Department
shall appoint each year an Assistant Chief and a Fire Marshal, subject to
confirmation by the City Council. The
Chief of the Volunteer Fire Department, the Assistant Chief and the Fire
Marshal each shall hold office for one year and until the successor has been
duly appointed or qualified. These
officers may be removed by the City Council for cause and after a public
hearing. If one of the officers duly
appointed shall resign his or her office, be removed from office by the City
Council, or is deceased during his or her term of office, the successor shall
be duly appointed by the City Council as soon as is practical and no later than
two weeks from the time the position becomes open. The officer so appointed is so appointed for
the period of the unexpired term of the vacated office.
(C) Firefighters and probationary
firefighters shall be appointed by the Chief of the Volunteer Fire Department,
subject to confirmation by the City Council.
Firefighters shall continue as members of the Volunteer Fire Department
during good behavior until retirement, but may be removed by the City Council
for cause after a public hearing.
§
31.21 DUTIES OF CHIEF.
The Chief shall have control of all
fire fighting apparatus and shall be responsible for its care and
condition. The Chief shall make a report
semi-annually to the City Council at its meeting in March and in September as
to the condition of the equipment and needs of the Volunteer Fire
Department. The Chief may submit
additional reports and recommendations at any meeting of the City Council, and
he or she shall report each suspension
by him or her of a member of the Volunteer Fire Department at the first meeting
of the City Council following the suspension.
The Chief shall be responsible for the proper training and discipline of
the members of the Volunteer Fire Department, and may suspend any member for
refusal or neglect to obey orders pending final action by the City Council on
his or her discharge or retention.
§
31.22 DUTIES OF FIRE MARSHAL.
The office of Fire Marshal may be held
by the Chief or Assistant Chief, if the City Council approves. The Fire Marshal shall be charged with the
enforcement of all city ordinances and laws of
the state for fire prevention including, if authorized by the City Council,
the Uniform Fire Code, Minn. Rules Ch. 7510, as it may be amended from time to
time. The Fire Marshal shall have full
authority to inspect all premises and
to cause the removal or abatement of all fire hazards.
§
31.23 RECORDS.
The Chief shall keep in convenient form a
record of all fires. The record shall
include the time of the alarm, location of fire, cause of fire, if known, type
of building, name of owner or tenant, purpose
for which occupied, value of building and contents, members of the
Volunteer Fire Department responding to the alarm and other information as he
or she may deem advisable or as may be required from time to time by the City
Council or state law or regulation.
§
31.24 PRACTICE DRILLS.
It shall be the duty of the Chief, when
the weather permits, to hold practice drills for the Volunteer Fire Department
and to give the firefighters instruction in approved methods of fire fighting
and fire prevention.
§
31.25 ASSISTANT CHIEF.
In the absence or disability of the
Chief of the Volunteer Fire Department, the Assistant Chief shall perform all
functions and exercise all of the authority of the Chief.
§
31.26 FIREFIGHTERS.
Firefighters shall not be less than 18 years of age and able
bodied. They shall become members of the
Volunteer Fire Department only after a 12-month probationary period. The City Council may require that each candidate, before he or
she may become a probationary firefighter, must possess certain minimum height,
weight, education, mental and physical health requirements, and any other qualifications which may be specified by the
City Council.
§ 31.27 LOSS OF MEMBERSHIP.
Firefighters shall forfeit membership in the Volunteer Fire Department
for unreasonable inattention to duties or lack of attendance at meetings or
calls or disobedience of orders or other due cause, and any firefighter may be
suspended by the Chief pending hearing upon his or her removal. Firefighters absent from three consecutive
drills or calls, unless excused by the Chief, shall forfeit membership in the
Volunteer Fire Department.
§ 31.28 COMPENSATION.
The
members and officers of the Volunteer Fire Department shall receive
compensation as provided by the City Council.
§ 31.29 INTERFERENCE WITH VOLUNTEER FIRE DEPARTMENT.
It shall
be unlawful for any person to give or make, or cause to be given or made, an
alarm of fire without probable cause, or to neglect or refuse to obey any
reasonable order of the Chief or other firefighter at a fire, or to interfere
with the Volunteer Fire Department in the discharge of its duties. Penalty, see § 10.99
§ 31.30 BYLAWS.
The
Volunteer Fire Department may adopt bylaws for its government, which bylaws
shall be effective upon approval by the City Council.
PLANNING COMMISSION
§ 31.45 ESTABLISHMENT OF THE PLANNING COMMISSION.
A
Planning Commission for the city is hereby established. The Planning Commission shall be the city
planning agency authorized by M.S. § 462.354 (1), as it may be amended from
time to time.
§ 31.46 COMPOSITION.
(A) The Planning Commission shall consist
of five members from the resident population of the city to be appointed by the
Mayor with the approval of the City Council.
The appointees shall be appointed
to serve staggered terms of three years, except as noted below,
commencing on the first day of January
in the year of appointment. Upon
expiration of a term, the appointee shall continue until reappointed or a successor is appointed. Absences from any three meetings in a year,
unless excused in advance by the Chair,
constitutes a vacancy. In the event of
any vacancy, the Mayor, with the approval of the City Council, shall appoint a
person to complete the unexpired term.
(B) One
member may be a Council Member or the City Clerk, to be appointed by the Mayor
with the approval of the City
Council. This member shall serve for a
one-year term, to expire on December 31
of each year.
(C) Other persons may serve in an ex
officio capacity as the City Council may, in its discretion, deem appropriate.
(D) Each of the five regular Planning
Commission members shall have equal voting privileges. Any member may be
removed for cause by majority vote of the City Council upon written charge and
after a public hearing.
§
31.47 ORGANIZATION, MEETINGS, MINUTES AND EXPENDITURES.
(A) At the first regular meeting in
January, the Planning Commission shall elect a Chairperson, a Vice-Chairperson
and a Secretary from among its appointed members, each for a term of one year. The Planning Commission may create and fill
other offices as it may determine.
(B) The Planning Commission shall hold
at least one meeting each month at the time and place as they may fix by
resolution. Special meetings may be
called at any time by the Chairperson, or in the case of the Chairperson’s
absence, by the Vice-Chairperson.
(C) Written minutes of meetings shall
be kept and filed with the City Clerk prior to the next regularly scheduled
City Council meeting, but shall be subject to the approval at the next Planning
Commission meeting.
(D) No expenditures by the Planning
Commission shall be made unless and until authorized for the purpose by the
City Council.
§
31.48 POWERS AND DUTIES; COMPREHENSIVE PLAN.
(A) Generally. The Planning Commission shall have the powers
and duties given to city planning agencies generally by law. The Planning Commission shall also exercise
the duties conferred upon it by this
code. It shall be the purpose of the
Planning Commission to prepare and adopt a comprehensive plan for the physical
development of the city, including proposed public buildings, street
arrangements and improvements, efficient design of major thoroughfares for
moving of traffic, parking facilities, public utilities services, parks and
playgrounds, a general land use plan and other matters relating to the physical
development of the city. This plan may
be prepared in sections, each of which shall relate to a comprehensive plan program. After the Planning Commission has prepared
and adopted the comprehensive plan, it shall periodically, but at least every
three years, review the comprehensive plan and any ordinances or programs
implementing the plan.
(B) Means of executing plan. Upon the adoption of a comprehensive plan or
any section thereof, it shall be the
concern of the Planning Commission to recommend to the City Council reasonable
and practical means for putting into effect the plan or section thereof in
order that it will serve as a pattern and guide for the orderly physical
development of the city and as a basis for judging the timely disbursements of
funds to implement the objective. Means
of effectuating the plan shall, among other things, consist of a zoning
ordinance, subdivision regulations, capital improvement programming and
technical review, and recommendations of matters referred to the Planning
Commission by the City Council.
(C) Zoning Ordinance. Pursuant to M.S. § 462.357 (3), as it may be
amended from time to time, the Planning Commission shall review all proposed
amendments to the zoning ordinance, take part in public hearings, and make
recommendations to the City Council, as may be prescribed by the zoning
ordinance.
(D) Special permits. The
Planning Commission may make recommendations on all requests for a conditional
use permit under the terms of the zoning ordinance. The Planning Commission shall report its
recommendations to the City Council for action.
(E) Subdivision regulations. The Planning Commission may make
recommendations in relation to the subdividing of land as prescribed by the
ordinance. The Planning Commission shall
report its recommendations to the City Council for action.
(F) Variances. All applications for variances shall be
referred to the Planning Commission which shall have the powers of a Board of
Appeals and adjustments as provided for in M.S. § 462.357, Subd. 6, as it may be amended from time to time, and
forwarded with or without recommendations directly to the City Council for its decision. Variances may be granted from the literal
provisions of an ordinance only where strict enforcement would cause undue
hardship because of circumstances unique to the individual property under
consideration as authorized by M.S. § 462.357, Subd. 6 (2) as it may be amended from time to time.