TITLE
I: GENERAL PROVISIONS
Chapter
10. GENERAL
PROVISIONS
CHAPTER
10: GENERAL PROVISIONS
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10.12 Ordinances repealed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 Acity code,@ for which designation Acode of ordinances,@
Acodified ordinances@ or Acode@ 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
cited by its name, such as the ATraffic Code.@
Sections may be referred to and cited by the designation A'@ followed by
the number, such as
A' 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 Aand/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 of 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
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 the 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
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 or
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.
TITLE
III: ADMINISTRATION
Chapters
30. GENERAL
PROVISIONS
31. DEPARTMENTS,
BOARDS AND COMMISSIONS
32. EMERGENCY
MANAGEMENT
CHAPTER
30: GENERAL PROVISIONS
Section
30.01 City Council meetings
30.02 Presiding officer
30.03 Minutes
30.04 Order of business
30.05 Voting
30.06 Ordinance, resolutions, motions, petitions and communications
30.07 Suspension or amendment of rules
30.08 Compensation of Mayor and Council Members
30.09 Compensation of officers and employees
30.10 Quorum for conducting business
30.11 Fees and charges
' 30.01 CITY COUNCIL MEETINGS.
(A) Regular meetings. Regular meetings of the City Council shall be
held at least once each month, at a date, time and place as established by the
City Council. Any regular meeting
falling upon a holiday shall be held on the next following business day at the
same time and place. All meetings,
including special and adjourned meetings, shall be held in the city hall unless
the City Council decides otherwise at a prior meeting, or meeting in the city
hall is impossible.
(B) Special meetings. The Mayor or any two members of the City
Council may call a special meeting of the City Council upon at least 24 hours
written notice to each member of the City Council. This notice shall be delivered personally to
each member or shall be left at the member's usual place of residence with some
responsible person. Pursuant to M.S. '
471.705, as it may be amended from time to time, written notice of any special
meeting shall be posted giving the date, time, place and purpose of the meeting
at least three days before the meeting.
Written notice shall be mailed at least three days before the meeting to
anyone who has filed a written request for notice of special meetings. In calculating the three days, if the last
day falls on a Saturday, Sunday or legal holiday, the next regular business day
shall be counted as the third day.
(C) Emergency meetings. Notice of emergency meetings shall be given
as required by M.S. ' 471.705, Subd. 1c(c), as it may be amended from time
to time. An emergency meeting is a
meeting defined by M.S. ' 471.705, Subd. 1c(c), as it may be amended from
time to time.
(D) Initial meeting. At the first regular City Council meeting in
January of each year, the City Council shall:
(1) Designate the depositories of city funds;
(2) Designate the official newspaper;
(3) Choose one of the Council Members as Acting
Mayor, who shall perform the duties of the Mayor during the disability or
absence of the Mayor from the city or, in case of a vacancy in the office of
Mayor, until a successor has been appointed and qualifies;
(4) Appoint officers and employees and members
of departments, boards, commissions and committees as may be necessary;
(5) Establish and appoint Council Members to those
City Council committees as are deemed appropriate for the efficient and orderly
management of the city.
(E) Public meetings. All City Council meetings, including special,
emergency and adjourned meetings and meetings of City Council committees, shall
be conducted in accordance with the Minnesota Open Meeting Law, M.S.
' 471.705, as it may be amended from time to time.
' 30.02 PRESIDING OFFICER.
(A) Who presides. The Mayor shall preside at all meetings of
the City Council. In the absence of the
Mayor, the Acting Mayor shall preside.
In the absence of both, the City Clerk shall call the meeting to order
and shall preside until the Council Members present at the meeting choose one
of their number to act temporarily as presiding officer.
(B) Procedure. The presiding officer shall preserve order,
enforce any rules of procedure adopted by the City Council, and determine
without debate, subject to the final decision of the City Council on appeal,
all questions of procedure and order.
(C) Appeal procedure. Any member may appeal to the City Council a
ruling of the presiding officer. If the
appeal is seconded, the member may speak once solely on the question involved
and the presiding officer may explain the ruling, but no other Council Member
shall participate in the discussion. The
appeal shall be sustained if it is approved by a majority of the members
present, including the presiding officer.
' 30.03 MINUTES.