Glenwood City Ordinances

This City Code and/or any other documents that appear on this site may not reflect the most current ordinances and city rules adopted by the City of Glenwood. This Municipality provides the following documents for informational purposes only. These documents should not be relied upon as the definitive authority for City of Glenwood. The official printed copy of the City Code should be consulted prior to any action being taken for personal or business reasons. In the case of any discrepancy between the version that appears on this document and the official hard copy, the official hard copy will have final authority.

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Table of Contents

                                                          GLENWOOD, MINNESOTA
                                                              TABLE OF CONTENTS

CHARTER

Chapter

                                                    TITLE I:  GENERAL PROVISIONS

   10.      General Code Construction; General Penalty


                                                       TITLE III:  ADMINISTRATION

   30.      General Provisions
   31.      City Organizations
   32.      Policies and Procedures
   33.      Tax and Finance


                                                           TITLE V:  PUBLIC WORKS

   50.      City Utilities
   51.      Water Services
   52.      Sewerage Service
   53.      Individual Sewage and Wastewater Treatment Systems
   54.      Storm Water Utility


                                                          TITLE VII:  TRAFFIC CODE

   70.      Traffic Regulations
   71.      Parking Regulations



                                                 TITLE IX:  GENERAL REGULATIONS

   90.      Streets and Sidewalks
   91.      Nuisances


                                                TITLE XI:  BUSINESS REGULATIONS

110.      General Licensing
111.      General Regulations
112.      Alcoholic Beverages


                                        TITLE XI:  BUSINESS REGULATIONS (Cont=d)

113.      Mining, Extraction and Excavation
114.      Lawful Gambling
115.      Tattoos and Body Piercing
116.      Tobacco; Products


                                                    TITLE XIII:  GENERAL OFFENSES

130.      Public Protection, Crimes and Offenses
131.      Maintenance of Private Property


                                                            TITLE XV:  LAND USAGE

150.      Building Regulations
151.      Shoreland Use Regulation
152.      Subdivision of Land
153.      Zoning Code


                                                   TABLE OF SPECIAL ORDINANCES
Table
      I.      Annexations
     II.      Franchises
   III.      Land Use
   IV.      Vacations
     V.      Rezoning


                                                            PARALLEL REFERENCES

                                                        References to Minnesota Statutes
                                                               References to 1988 Code
                                                               References to Ordinances


                                                                             INDEX

 

Glenwood Charter

                                                             HOME RULE CHARTER

ANALYSIS


 CHAPTER                                      TITLE

1                                  NAME, FORM OF GOVERNMENT, BOUNDARIES, POWERS, AND GENERAL PROVISIONS

2                                  THE CITY COMMISSION

3                                  THE CITY ADMINISTRATOR

4                                  COMMISSION PROCEDURE

5                                  ELECTIONS

6                                  INITIATIVE, REFERENDUM, AND RECALL

7                                  TAXATION AND FINANCES

8                                  PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS

9                                  EMINENT DOMAIN

10                                FRANCHISES

11                                PUBLIC OWNERSHIP AND OPERATION OF UTILITIES

12                                MISCELLANEOUS AND TRANSITORY PROVISIONS












CHARTER

OF THE

CITY OF GLENWOOD

Pope County, Minnesota


CHAPTER 1

NAME, FORM OF GOVERNMENT, BOUNDARIES,
POWERS, AND GENERAL PROVISIONS


SECTION 1.01.  NAME.

The City of Glenwood, in the County of Pope and State of Minnesota (herein ACity@), shall continue to be a municipal corporation under that name.


SECTION 1.02.  FORM OF GOVERNMENT.

The form of government established by this Charter is the ACommission Plan@.


SECTION 1.03.  BOUNDARIES.

The boundaries of the City are the same as they now are or hereafter may be established.


SECTION 1.04.  POWERS.

The City shall have all powers which may now or hereafter be possible for a municipal corporation in this State to exercise in harmony with the Constitutions of this State and of the United States. It is the intention of this Charter to confer upon the City every power which it would have if it were specifically mentioned. The Charter shall be construed liberally in favor of the City and the specific mention of particular municipal powers in other Sections of this Charter does not limit the powers of the City to those so mentioned.



SECTION 1.05.  CHARTER A PUBLIC ACT.

This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters.


SECTION 1.06.  WORD USAGE.

For purposes of this Charter, words used in the present tense shall include the future; words in the singular shall include the plural, the plural the singular; the words in the masculine shall include the feminine, and the feminine the masculine.



CHAPTER 2

THE CITY COMMISSION


SECTION 2.01.  COMPOSITION AND ELECTION.

The City Commission (throughout this Charter Athe Commission@) shall be composed of a Mayor and four (4) Commissioners, all of whom shall be elected by and from the electors of the City at‑large, and must be eligible to hold office under the Constitution of this State. Each member of the Commission shall serve for a term of four (4) years and until his successor is elected and qualifies. Two (2) Commissioners shall be elected at each regular City election and the Mayor shall be elected at alternate regular City elections. The Commission shall be judges of the election returns.


SECTION 2.02.  POWERS AND DUTIES.

The Commission shall exercise exclusive legislative authority. The Commission may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The Commission shall provide for an audit of the City=s accounts at least once a year by the State department in charge of such work or by a certified public accountant. The Commission may at any time provide for an examination or audit of the accounts of any officer or department of the City and it may cause to be made any survey or research study of any subject of City concern. The Commission shall fix and determine salaries to be paid employees and employee benefits. The Commission shall appoint a City Administrator and fix his compensation and benefits. All powers, and authority to determine matters of policy, are vested in the Commission unless they are specifically granted or delegated to some other officer, body or agency.



SECTION 2.03.  INCOMPATIBLE OFFICES.

No member of the Commission may hold any paid municipal office or employment under the City other than that to which elected, and until ninety (90) days after he leaves office as Mayor or Commissioner.


SECTION 2.04.  VACANCIES.

A vacancy in the Commission, whether it be in the office of Mayor or Commissioner, shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Commission, or by reason of the death, resignation, removal from office, removal from the City, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person whether before or after his qualification, or by reason of the failure of any member of the Commission without good cause to perform any of the duties of membership in the Commission for a period of three (3) months. In each such case the Commission shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election when the office shall be filled for the unexpired term.


SECTION 2.05.  SALARIES.

The members of the Commission shall serve with reasonable compensation. The Commission, by ordinance, may change the annual salary of its members, and such ordinance shall take effect after the regular City election following adoption.


SECTION 2.06.  BOARDS AND COMMISSIONS.

The Commission may, by ordinance or resolution, establish and regulate any board or commission to advise the Commission with respect to any City function or activity, to investigate any subject of interest to the City, or to perform quasi‑judicial functions. The Commission may, by ordinance, establish and regulate any administrative board or commission, and by such ordinance specify the powers and duties of such board or commission. Any board or commission may be abolished by action of the Commission similar to that by which it was established.


SECTION 2.07.  THE MAYOR.

The Mayor shall be the presiding officer of the Commission. The Mayor shall have a vote as a member of the Commission. He shall exercise all powers and perform all duties conferred and imposed upon him by this Charter, the ordinances of the City, and the laws of the State. He shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purpose of martial law.


SECTION 2.08.  THE ACTING MAYOR.

The Commission shall choose from the Commissioners an Acting Mayor who shall hold such office at the pleasure of the Commission. The Acting Mayor shall serve as presiding officer in the Mayor=s absence and as Mayor in case of the Mayor=s temporary disability or absence from the City. The Acting Mayor, while serving as presiding officer or performing other duties as Mayor, shall have a vote as Mayor, but not an additional vote as a Commissioner.



CHAPTER 3

THE CITY ADMINISTRATOR


SECTION 3.01.  THE OFFICE.

The City Administrator shall be the Chief Administrative Officer and all administrative functions of the City, as such are from time to time specifically defined by the Commission, shall be performed by him.


SECTION 3.02.  SPECIFIC POWERS AND DUTIES.

Unless specifically modified, revoked, amended or altered by Ordinance, the City Administrator shall have the following specific powers and duties: (1) supervision over all departments and employees; (2) he shall recommend to the Commission the appointment, suspension, removal, promotion, demotion and transfer of all employees of the City to accomplish efficiency and economy, but all in accordance with laws pertaining thereto; (3) attend Commission meetings; (4) prepare and submit the annual budget; (5) keep minutes of all Commission meetings, or designate another person to perform this function; (6) act in the capacity of City Clerk and City Treasurer as to all matters relating to statutes and other laws; (7) negotiate and make such purchases as can be accomplished without competitive bidding and obtain estimates, quotations, sealed bids, or contracts in excess of such amount; (8) keep the Commission advised of the financial condition of the City and recommend from time to time the adoption of such measures as he may deem necessary or expedient for the health, safety and welfare of the community; (9) recommend salaries to be paid City officers and employees; and, (10) perform other duties specified by this Charter or necessary to carry out the duties of Chief Administrative Officer.


SECTION 3.03.  APPOINTMENT AND REMOVAL.


The City Administrator shall be chosen solely on the basis of training, experience and administrative qualifications and he need not be a resident of the City, at the time of appointment. The City Administrator shall be appointed for an indefinite term and can only be removed by the Commission after a hearing and on specified grounds such as conviction of a felony, refusal to carry out the policies of the Commission, or failure or refusal to promptly perform his specified duties, which grounds shall be reduced to writing and served upon him a reasonable time prior to such hearing.



CHAPTER 4

COMMISSION PROCEDURE


SECTION 4.01.  COMMISSION MEETINGS.

All newly elected members of the Commission shall take office at the first regular meeting in January next following the regular City election at which they are elected. Thereafter the Commission shall meet at such time or times each month as may be prescribed by ordinance or resolution; provided, that the Commission shall hold at least one (1) regular meeting each month. The Mayor, or any two (2) members of the Commission, may call special meetings of the Commission upon such notice as is provided by ordinance or statute. Notice of such meetings may be given to the members of the Commission by any means provided in its rules. All meetings of the Commission shall be public, except as otherwise provided by statute, and any citizen shall have access to the minutes and records thereof at all reasonable times.


SECTION 4.02.  RULES OP PROCEDURE AND QUORUM.

The Commission shall determine its own rules and order of business. Three (3) members of the Commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. The Commission may by rule provide a means by which a minority may compel the attendance of absent members.


SECTION 4.03.  ORDINANCES, RESOLUTIONS, AND MOTIONS.

Except as in this Charter otherwise provided, all legislation shall be by ordinance. The aye and no vote on ordinances, resolutions, and motions shall be recorded unless the vote is unanimous. An affirmative vote of at least three (3) members of the Commission shall be required for the adoption of all ordinances and resolutions, except as otherwise provided in this Charter.


SECTION 4.04.  ORDINANCE ADOPTION, AMENDMENT AND REPEAL PROCEDURE.


Subd. 1. Form and Adoption. The ordaining clause of all ordinances shall be in the words, AThe City of Glenwood ordains@. Every ordinance, except an emergency ordinance, shall be introduced in writing and at a regular meeting, and may be adopted at any meeting occurring at least seven (7) days after the meeting at which it was introduced. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title.

Subd. 2. Signing and Publication. Every ordinance adopted by the Commission shall be signed by the Mayor or by two (2) other members, attested by the City Administrator and filed and preserved by him. Every ordinance shall be published once in the official newspaper. However, as to lengthy ordinances, or ordinances which include charts or maps, the Commission may, by unanimous vote, determine that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of such ordinance, and direct that only the title and summary be published with a notice that a printed copy of the ordinance is available for inspection during regular office hours at the office of the City Administrator and at the City Library. The text of the summary shall be approved by the Commission prior to publication. Such publication shall be deemed to fulfill all legal requirements for publication as completely as if the entire ordinance had been published. Proof of publication shall be attached to and filed with the ordinance. To the extent and in the manner provided by law an ordinance may incorporate by reference a statute of Minnesota, a State administrative rule or a regulation, a code, or ordinance or part thereof without publishing the material referred to in full.

Subd. 3. Emergency. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared in a preamble thereto. No prosecution shall be based upon the provisions of any emergency ordinance until twenty‑four (24) hours after the ordinance has been filed with the City Administrator and posted in three (3) conspicuous places or until the ordinance has been once published in the official newspaper, unless the person charged with violation had actual notice of the adoption of the ordinance prior to the act or omission of which complaint is made.

Subd. 4. When Effective. An emergency ordinance shall take effect immediately upon its adoption or at such later date as is fixed therein. Every other ordinance shall take effect seven (7) days after publication or at such later date as is fixed therein. Every ordinance adopted by the voters of the City shall take effect immediately upon its adoption, or at such later time as is fixed therein.

Subd. 5. Amendment or Repeal. Every ordinance repealing a previous ordinance or section or subdivision of a codification shall give the number, if any, and the title of the ordinance or section or subdivision to be repealed in whole or in part. No ordinance or section, or subdivision shall be amended by reference to the title alone, but such an amending ordinance shall set forth in full each section, subdivision or subparagraph so amended.


SECTION 4.05.  CODIFICATION OF ORDINANCES.


The City may revise, re‑arrange and codify its ordinances with such additions and deletions as may be deemed necessary by the Commission. Such ordinance code shall be published in book, pamphlet or continuously revised loose‑leaf form and copies shall be made available by the Commission at the office of the City Administrator for general distribution to the public free or at a reasonable charge. Distribution in such published form shall be a sufficient notice of any ordinance provision not previously published.


SECTION 4.06.  RESOLUTIONS.

Every resolution shall be presented in writing unless such form is waived by the unanimous consent of the Commission. All resolutions shall be signed by the Mayor or two (2) other members of the Commission, attested by the City Administrator and filed and preserved by him. All resolutions take effect immediately upon adoption or at such later date as is fixed therein.



CHAPTER 5

ELECTIONS


SECTION 5.01.  REGULAR CITY ELECTION.

A regular City election shall be held on the first Tuesday after the first Monday in November of each even‑numbered year at such place or places as the Commission may designate. There shall be no City primary election, but the candidate for Mayor (in alternate elections), and the two (2) candidates for Commissioner, receiving a plurality of the votes over the other candidates shall be elected.


SECTION 5.02.  SPECIAL ELECTIONS.

The Commission may by resolution order a special election and provide all means for holding it. The procedure at such election shall conform as nearly as possible to that prescribed for other municipal elections.


SECTION 5.03.  ELECTION NOTICE.

The City Administrator shall give at least two (2) weeks previous notice of the time and place of holding all elections and of the officers to be elected, or the issue to be decided, by posting in at least one (1) public place in each voting precinct and by publication at least once in the official newspaper, but failure to give such notice shall not invalidate such election.



SECTION 5.04.  CANVASS OF ELECTIONS.

The Commission shall meet and canvass the election returns within five (5) days after any election, and shall make full declaration of the results as soon as possible, and file a statement thereof with the City Administrator. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with an indication of those who were elected, or the result of any issue decided; (d) a true copy of the ballots used; (e) the names of the judges and clerks of election; and (f) such other information as may seem pertinent. The City Administrator shall forthwith notify all persons elected of their election.


SECTION 5.05.  PROCEDURE AT ELECTIONS.

Subject to the provisions of this Charter and applicable State laws, the Commission may by ordinance further regulate the conduct of municipal elections. Except as otherwise provided in this Charter or in ordinances adopted pursuant thereto, the general laws of the State of Minnesota pertaining to elections shall apply to municipal elections.



CHAPTER 6

INITIATIVE, REFERENDUM, AND RECALL


SECTION 6.01.  POWERS RESERVED BY THE PEOPLE.

The people of the City reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, to require such an ordinance when adopted by the Commission to be referred to the registered voters for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively.


SECTION 6.02.  FURTHER REGULATIONS.

The Commission may provide by ordinance such further regulations for the initiative, referendum, and recall, not inconsistent with this Charter, as it deems necessary.



Initiative


SECTION 6.03.  INITIATION OF MEASURES.

Any five (5) registered voters may form themselves into a committee for the initiation of any ordinance except as provided in Section 6.01. Before circulating any petition they shall file a certified copy of their proposed ordinance with the City Administrator together with their names and addresses as members of such committee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sponsors therefor.


SECTION 6.04.  FORM OF PETITION AND OF SIGNATURE PAPERS.

The petition for the adoption of any ordinances shall consist of the ordinance, together with all signature papers and affidavits thereto attached. Such petition shall not be complete unless signed by fifty registered voters. All the signatures need not be on one (1) signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form:


Initiative Petition

proposing an ordinance to ______________ (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of registered voters:

Name                                  Address
1. _________________     __________________________________
2. _________________     __________________________________
3. _________________     __________________________________

The undersigned registered voters understanding the terms and the nature of the ordinance hereto attached, petition the Commission for its adoption, or, in lieu thereof, for its submission to the registered voters for their approval.

1. ____________________________     _____________________________
2. ____________________________     _____________________________
3. ____________________________     _____________________________

At the end of the list of signatures shall be appended the affidavit of the circulator mentioned above.



SECTION 6.05.  FILING OF PETITIONS AND ACTION THEREON.

All the signature papers shall be filed in the office of the City Administrator as one (1) instrument. Within five (5) days after the filing of the petition, the City Administrator shall ascertain by examination the number of registered voters whose signatures are appended thereto and whether this number is at least fifty (50).

If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for his finding. The committee shall then be given thirty (30) days in which to file additional signature papers and to correct the petition in all other particulars.

If at the end of that period the petition is found to be still insufficient or irregular, the Administrator shall file it in his office and shall notify each member of the committee of that fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Commission from referring the ordinance to the registered voters at the next regular or any special election at its option.


SECTION 6.06.  ACTION OF COMMISSION ON PETITION.

When the petition is found to be sufficient, the City Administrator shall so certify to the Commission at its next meeting, stating the number of petitioners and the percentage of the total number of voters which they constitute, and the Commission shall at once read the ordinance and refer it to an appropriate committee, which may be a committee of the whole. The Commission shall thereupon provide for public hearings upon the ordinance, after the holding of which the ordinance shall be finally acted upon by the Commission not later than sixty‑five (65) days after the date upon which it was submitted to the Commission by the City Administrator. If the Commission fails to adopt the proposed ordinance, or it is adopted in a form different from that set forth in the petition and unsatisfactory to the petitioners, the proposed ordinance shall be submitted by the Commission to the vote of the registered voters at the next election; but if the number of signers of the petition is at least equal to fifteen (15) percent of the number of voters casting ballots at the last regular municipal election, the Commission shall call a special election upon the measure. Such special Election shall be held not less than thirty (30) nor more than forty‑five (45) days from the date of final action on the ordinance by the Commission or after the expiration of sixty‑five (65) days from the date of submission to the Commission when there has been no final action; but if a regular election is to occur within three (3) months, the Commission may submit the ordinance at that election. If the Commission passes the proposed ordinance with amendments and at least four‑fifths (4/5) of the committee of petitioners do not express their dissatisfaction with such amended form by a statement filed with the City Administrator within ten (10) days of the adoption thereof by the Commission, the ordinance need not be submitted to the registered voters.



SECTION 6.07.  INITIATIVE BALLOTS.

The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either Ayes@ or Ano@ on the question of adoption. If a majority of the registered voters voting on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any number of proposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or against each separately. In case of inconsistency between two (2) initiated ordinances approved at one (1) election, the one (1) approved by the higher percentage of registered voters voting on the question shall prevail to the extent of the inconsistency.


SECTION 6.08.  INITIATION OF CHARTER AMENDMENTS.

Nothing in this Charter shall be construed as in any way affecting the right of the registered voters under the Constitution and statutes of Minnesota to propose amendments to this Charter.


Referendum


SECTION 6.09.  THE REFERENDUM.

If, prior to the date when an ordinance takes effect, a petition is signed by a number at least equal to fifteen (15) percent of the number of voters casting ballots in the last regular municipal election, and is filed with the City Administrator requesting that any such ordinance be repealed or be submitted to a vote of the registered voters, the ordinance shall thereby be prevented from taking effect. The Commission shall thereupon reconsider the ordinance at its next regular meeting, and either repeal it or by aye and no vote reaffirm its adherence to the ordinance as passed. In the latter case the Commission shall immediately order a special election to be held thereon, or submit the ordinance at the next election, pending which the ordinance shall remain suspended. If a majority of the registered voters voting thereon is opposed to the ordinance, it shall not become effective; but if a majority of the registered voters voting thereon favors the ordinance, it shall go into effect immediately or on the date therein specified.


SECTION 6.10.  REFERENDUM PETITIONS.

The requirements laid down in Sections 6.03 and 6.04 above as to the formation of committees for the initiation of ordinances and as to the form of petitions and signature papers shall apply to the referendum as far as possible, but with such verbal changes as may be necessary. A referendum petition shall read as follows:



Referendum Petition

proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is hereto attached. The proposed repeal is sponsored by the following committee of registered voters:


Name                                                                      Address
1. ______________________________        ______________________________
2. ______________________________        ______________________________
3. ______________________________        ______________________________
4. ______________________________        ______________________________
5. ______________________________        ______________________________

The undersigned petitioners understanding the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Commission for its submission to a vote of the registered voters for their approval or disapproval.



Name                                                                      Address
1. ______________________________        ______________________________
2. ______________________________        ______________________________
3. ______________________________        ______________________________


SECTION 6.11.  REFERENDUM BALLOTS.

The ballots used in any referendum election shall conform to the rules laid down in Section 6.07 of this Charter for initiative ballots.


Recall


SECTION 6.12.  THE RECALL.

Any five (5) registered voters may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the City. The committee shall certify to the City Administrator the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty (250) words, and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification.



SECTION 6.13.  RECALL PETITIONS.

The petition for the recall of any official shall consist of a certificate identical with that filed with the City Administrator together with all the signature papers and affidavits thereto attached. All the signatures need not be on one (1) signature paper, but the circulator of every paper shall make an affidavit that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Each signature paper shall be in substantially the following form:


Recall Petition

proposing the recall of _______________________ from his office as ____________ which recall is sought for  the reasons set forth in the attached certificate. This movement is sponsored by the following committee of registered voters:

Name                                                                      Address
1. ______________________________        ______________________________
2. ______________________________        ______________________________
3. ______________________________        ______________________________
4. ______________________________        ______________________________
5. ______________________________        ______________________________

The undersigned registered voters understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose.

Name                                                                      Address
1. ______________________________        ______________________________
2. ______________________________        ______________________________     
3. ______________________________        ______________________________

At the end of the list of signatures shall be appended the affidavit of the circulator.


SECTION 6.14.  FILING OF PETITION.


Within thirty (30) days after the filing of the original certificate, the committee shall file the completed petition in the office of the City Administrator. The City Administrator shall examine the petition within the next following five (5) days, and if he finds it irregular in any way or finds that the number of signers is less than twenty‑five (25) percent of the number of voters casting ballots in the last regular municipal election, he shall so notify one (1) or more members of the committee. The committee shall then be given ten (10) days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement of the grounds upon which the recall is sought. If at the end of that time the City Administrator finds the petition still insufficient or irregular, he shall notify all the members of the committee to that effect and shall file the petition in his office. No further action shall be taken thereon.


SECTION 6.15.  RECALL ELECTION.

If a petition or amended petition is found sufficient, the City Administrator shall transmit it to the Commission without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Commission shall at its next meeting, by resolution, provide for the holding of a special election not less than forty‑five (45) nor more than sixty (60) days after such meeting, but if any other election is to occur within sixty (60) days after such meeting, the Commission may in its discretion provide for the holding of the recall election at that time.


SECTION 6.16.  PROCEDURE AT RECALL ELECTION.

The City Administrator shall include with the published or posted notice of the election the statement of the grounds for the recall and also, in not more than five hundred (500) words, the answer of the officer concerned in justification of his course in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections.


SECTION 6.17.  FORM OF RECALL BALLOT.

Unless the officer whose removal is sought resigns within ten (10) days after the receipt by the Commission of the completed recall petition, the form of the ballot at such election shall be as near as may be: AShall _________________ be recalled?@ the name of the officer whose recall is sought being inserted in the blank, and the registered voters shall be permitted to vote separately Ayes@ or Ano@ upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: ACandidates to fill the place of ___________, if recalled@; but the officer whose recall is sought shall not himself be a candidate upon such ballot. If a majority of those voting on the question of recall vote in favor of recall, the official shall be thereby removed from office, and the candidate who receives the highest number of votes for his place shall be elected thereto for the remainder of the unexpired term. If the officer sought to be recalled resigns within ten (10) days after the receipt by the Commission of the completed recall petition, the form of ballot at the election shall be the same, as nearly as possible, as the form in use at a regular election.




CHAPTER 7

TAXATION AND FINANCES


SECTION 7.01.  COMMISSION TO CONTROL FINANCES.

The Commission shall have full authority over the financial affairs of the City. It shall provide for the collection of all revenues and other assets the auditing and settlement of accounts, and the safekeeping and disbursement of public moneys.


SECTION 7.02.  FISCAL YEAR.

The fiscal year of the City shall be the calendar year.


SECTION 7.03.  SYSTEM OF TAXATION.

Subject to the State Constitution, and except as forbidden by it or by State law, the Commission shall have full power to provide by ordinance for a system of local taxation. This authority includes the power by ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the State Constitution, by this Charter or by laws imposing restrictions upon the City irrespective of Charter provisions.


SECTION 7.04.  SUBMISSION OF BUDGET.

Annually the City Administrator shall submit to the Commission his recommended budget as directed by a budget calendar to be established by the Commission or, in the absence thereof, by September 1. The budget shall provide a complete financial plan for all City funds and activities for the ensuing fiscal year and, except as required by law or Charter, shall contain such information and be in such form as the City Administrator deems desirable or the Commission may require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding fiscal year. In addition to showing proposed expenditures for current operations, it shall show proposed capital expenditures to be made during ensuing years and the proposed method of financing each such capital expenditure. For each utility operated by the City, the budget shall show anticipated net surplus or deficit and the proposed method of its disposition. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by law and this Charter.



SECTION 7.05.  COMMISSION ACTION ON BUDGET.

The budget shall be considered at the first regular monthly meeting of the Commission in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The Commission may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an amount greater than the estimated fund balances. The Commission shall adopt the budget not later than the first week of October by a resolution which shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the Commission deems necessary for purposes of budget control. The Commission shall also adopt a resolution levying the amount of taxes provided in the budget and the City Administrator shall certify the tax resolution to the County Auditor in accordance with law not later than October 10. Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution for the several purposes named. The sums constituting an individual appropriation shall be the aggregate of all minor line item amounts contained in the detailed budget resolution for major categories of expenditures by general function or department within each fund. The Commission shall, when adopting each budget, determine such major categories in accordance with generally accepted accounting practices.


SECTION 7.06.  ENFORCEMENT OF THE BUDGET.

The City Administrator shall enforce strictly the provisions of the budget. He shall not authorize any payment or the incurring of any obligation by the City unless an appropriation has been made for the same and there is a sufficient unexpended balance left after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the City shall place any order or make any purchase for a purpose not authorized in the budget resolution. Any obligation incurred by any person in the employ of the City for any purpose not authorized in the budget resolution or for any amount exceeding an appropriation shall be a personal obligation upon the person incurring the obligation. No check shall be issued or transfer made to any account other than one (1) owned by the City until the claim to which it relates has been supported by an itemized bill, payroll, or time‑sheet or other document approved and signed by the responsible City officer who vouches for its correctness and reasonableness.


SECTION 7.07.  ALTERATIONS IN THE BUDGET.

After the budget resolution has been adopted, the Commission shall not increase the appropriations beyond the estimated revenue sources except to the extent that such sources exceed the estimate. At any time the Commission may, by resolution approved by a majority of its members, reduce the sums appropriated for any purpose by the budget resolution, or authorize the transfer of sums from unencumbered balances of appropriations in the budget resolution to other purposes.



SECTION 7.08.  FUNDS.

There shall be maintained in the City Treasury a general fund and such other funds as may be required by statute, ordinance or resolution. The Commission may, by ordinance or resolution, make inter‑fund loans, except from trust and agency funds, as it may deem necessary and appropriate.


SECTION 7.09.  CITY INDEBTEDNESS.

Except as provided in Sections 7.10 and 7.11, no obligations shall be issued to pay current expenses, but the Commission may issue and sell obligations for any other municipal purpose in accordance with law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Charter or by law, no such obligations shall be issued and sold without the approval of the majority of the voters voting on the question at a general or special election.


SECTION 7.10.  ANTICIPATION CERTIFICATES.

At any time after January 1, the Commission may issue certificates of indebtedness in anticipation of State and Federal aids and the collection of taxes levied the previous year for any fund and not yet collected. The total amount of certificates issued against any fund for any year together with interest thereon until maturity shall not exceed the total of State and Federal aids and current taxes due to the fund and uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the Commission may determine, but they shall become due not later than April 1 of the year following their issuance. The proceeds of the tax levied and such State or Federal aids as the governing body may have allocated for the fund against which tax anticipation certificates are issued and the full faith and credit of the City shall be irrevocably pledged for the redemption of the certificates.


SECTION 7.11.  EMERGENCY DEBT CERTIFICATES.

If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the City, or if any calamity or other public emergency necessitates the making of extraordinary expenditures, the Commission may by ordinance issue on such terms and in such manner as the Commission determines emergency debt certificates to run not to exceed three (3) years. A tax sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The ordinance authorizing an issue of such emergency debt certificates shall state the nature of the emergency and be approved by a unanimous vote of the Commission. It may be passed as an emergency ordinance.



SECTION 7.12.  BANK LOANS.

Whenever the Commission, by resolution, deems it necessary and advantageous, it may borrow money from any bank for the purpose of financing any authorized capital improvement or other purpose as allowed by this Charter or by law. Such loans shall be payable within a maximum period of seven (7) years and shall be issued on such terms and in such manner as the Commission may determine. If the amount of the obligations to be issued to finance any such purchase exceeds one (1) percent of the assessed valuation of the City, excluding money and credits, they shall not be issued for at least thirty (30) days after publication in the official newspaper of a Commission resolution determining to issue them; and if, before the end of that time, the petition asking for an election on the proposition, signed by at least a number equal to fifteen (15) percent of the number of voters casting ballots in the last regular municipal election, is filed with the City Administrator, such obligations shall not be issued until the proposition for their issuance has been approved by a majority of the votes cast on the question at a regular or special election. A tax levy shall be made for the payment of the principal and interest on such obligations as in the case of bonds as prescribed by law. In lieu of borrowing money by bank loans as authorized by this Section, the Commission may issue any other form of legal City obligation as allowed by law or by this Charter.



CHAPTER 8

PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS


SECTION 8.01.  POWER TO MAKE IMPROVEMENTS AND LEVY ASSESSMENTS.

The City shall have the power to make any and every type of public improvement not forbidden by the laws of this State and to levy special assessments to pay all or any part of the cost of such improvements as are of a local character. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvement, including all costs and expenses connected therewith, with interest, until paid, but shall in no case exceed the benefits to the property.


SECTION 8.02.  ASSESSMENTS FOR SERVICES.

The Commission may provide by ordinance that the cost of sprinkling, snow or rubbish removal, or of any other service to streets, sidewalks, or other public property, or the costs of any services to other property undertaken by the City may be assessed against the property benefited and collected in like manner as are special assessments.



SECTION 8.03.  LOCAL IMPROVEMENTS REGULATIONS.

After this Charter takes effect local improvements commenced prior thereto shall be completed and assessments may be levied and securities issued for the financing thereof as prescribed by the law (or Charter provisions) applicable thereto. The Commission may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed thereafter in making all local improvements and levying assessments therefor. The Commission may elect to use State law or the local improvement ordinance for the purpose of providing local improvements and assessments thereof.


SECTION. 8.04.  PUBLIC WORK; HOW PERFORMED.

Public works, including all local improvements, may be constructed, extended, repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State.



CHAPTER 9

EMINENT DOMAIN


SECTION 9.01.  POWER TO ACQUIRE PROPERTY.

The City may acquire, by purchase, gift, devise, or condemnation, any property, corporeal or incorporeal, either within or without its corporate boundaries, which may be needed by the City for any public use or purpose. Easements for slopes, fills, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat, and power or for any other public use, may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. All such property acquisitions, including condemnation, shall be made under provisions of State law or other applicable law or regulation.



CHAPTER 10

FRANCHISES


SECTION 10.01.  FRANCHISES REQUIRED.


Except as otherwise provided by law, no person, firm, or corporation shall place or maintain any permanent or semi‑permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility or for any other purpose, without a franchise therefor from the City. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the City Administrator to guarantee publication before the ordinance is passed.


SECTION 10.02.  TERM.

No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding fifteen years shall be effective until approved by a majority of the registered voters voting thereon at a special election called for that purpose. The cost of the special election shall be borne by the proposed grantee named in the franchise.


SECTION 10.03.  PUBLIC HEARING.

Before any franchise ordinance is adopted, the Commission shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten  (10) days prior to the date of the hearing.


SECTION 10.04.  POWER OF REGULATION RESERVED.

Subject to any applicable law the Commission may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee.


SECTION 10.05.  RENEWALS OR EXTENSIONS.

Every renewal or modification of a franchise, including an existing franchise, shall be subject to the same limitations and shall be granted in the same manner as a new franchise.


SECTION 10.06.  CONDITIONS IN EVERY FRANCHISE.


Every franchise which does not contain the provisions prescribed in this Section shall be absolutely void and incapable of ratification by estoppel or otherwise. Every franchise shall contain the following provisions: (1) That the grantee shall be subject to and will perform on its part all the terms of Sections 10.01 through 10.07, inclusive, as well as all other pertinent provisions of this Charter; (2) That the grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but that such fares, rates and charges shall at all times be just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed in the manner provided in Section 10.04 of this Charter; (3) That the Commission shall have the right to require reasonable extensions of any public service system from time to time, and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public; (4) That the grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the City to acquire the public utility exercising such franchise, any return on account of the franchise or its value; (5) That no sale or lease of said franchise shall be effective until the assignee or lessee shall have filed in the office of the City Administrator an instrument, duly executed, reciting the facts of such sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee thereunder. The assignee or lessee shall also file a bond in such amount and with such conditions as the Commission may require, which bond shall run to the City as obligee, with sureties satisfactory to the Commission, and shall obligate the assignee or lessee to discharge all obligations and liabilities imposed by said franchise; (6) That every grant, in said franchise contained, of permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing on the streets or other public places of any permanent or semi‑permanent fixtures whatsoever, shall be subject to the conditions that the Commission shall have the power to require such alterations therein, or relocation or rerouting thereof, as the Commission may at any time deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing under ground of all wires for whatsoever purposes used; (7) Every franchise and every extension or removal of such franchise, shall contain a provision for its acceptance in writing by the grantee within thirty days after its passage by the Commission and before its submission to a vote of the people in case of a referendum. No such franchise shall be binding upon the City until its acceptance by the grantee. Such acceptance shall be construed to be an acceptance of, and consent to, all the terms, conditions and limitations contained in the ordinance granting the franchise as well as of the provisions of this Charter; (8) Every franchise shall be granted subject to the right of the City to acquire all rights and property thereunder within the City limits by eminent domain. The violation by the holder of any franchise of any of the express provisions prescribed by this Section, or a failure to supply a reasonably adequate service under any franchise, shall be a sufficient cause for the forfeiture of all rights under such franchise by a resolution of the Commission.


SECTION 10.07.  LIMITATIONS.

The enumeration in this Charter of particular matters which must be included in every franchise shall not be construed as limiting the right of the City to insert in such franchise such other and further conditions and restrictions as the Commission may deem necessary or proper to protect the City=s interests; nor shall anything contained in this Charter limit the right or power possessed by the City over existing franchises.




CHAPTER 11

PUBLIC OWNERSHIP AND OPERATION OF UTILITIES


SECTION 11.01.  ACQUISITION AND OPERATION OF UTILITIES.

The City may own and operate, any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose and may acquire any existing utility properties so needed; but no proceedings to acquire any such public utility shall be consummated unless the City has the money in the treasury to pay for acquisition or has made provision for paying for the property proposed to be acquired. The operation of all public utilities owned by the City shall be under the supervision of the Commission.


SECTION 11.02.  RATES AND FINANCES.

Upon recommendations made by the City Administrator or upon its own motion, the Commission may fix rates, fares and prices, for municipal utilities but such rates, fares and prices shall be just and reasonable. In like manner the Commission may prescribe the time and manner in which payments for all such services shall be made, and may make such other regulations as may be necessary, and prescribe penalties for violation of such regulations.


SECTION 11.03.  PURCHASE IN BULK.

The Commission may, in lieu of providing for the local production of gas, electricity, water, and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix.


SECTION 11.04.  LEASE OF PLANT.

The Commission may, if the public interests will be served thereby, contract with any responsible person, co‑partnership, or corporation, for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary; but such contract shall be embodied in and let only by an ordinance approved by unanimous vote of the Commission and subject to popular referendum. Such ordinance shall not be an emergency ordinance. In no case shall such contract be for a longer term than ten (10) years.



SECTION 11.05.  PUBLIC UTILITY; HOW SOLD.

No public utility owned by the City shall be sold or otherwise disposed of by the City unless the full terms of the proposition of sale or other disposition are embodied in an ordinance approved by a majority of the registered voters voting thereon at a general or special election. In the case of a water works or light plant, any sale, lease, or abandonment shall be subject, in addition, to the requirements of State law.



CHAPTER 12

MISCELLANEOUS AND TRANSITORY PROVISIONS


SECTION 12.01.  OFFICIAL PUBLICATIONS.

The Commission shall annually designate a legal newspaper of general circulation in the City as its official newspaper in which shall be published ordinances and other matters required by law to be so published as well as such other matters as the Commission may deem it in the public interest to have published in this manner.


SECTION 12.02.  OATH OF OFFICE.

Every officer of the City shall, before entering upon the duties of his office, take and subscribe an oath of office in substantially the following form:

Table of Special Ordinances

                                                   TABLE OF SPECIAL ORDINANCES

Table

      I.      ANNEXATIONS

     II.      FRANCHISES

   III.      LAND USE

   IV.      VACATIONS

     V.      REZONING



                                                           TABLE I:  ANNEXATIONS


Ord. No.                 Date Passed                     Description

70                            ‑ ‑                                     Annexing .83 acres

75                            ‑ ‑                                     Annexing 51 acres

128                          5‑17‑1966                        City park property in 7‑125‑37

144                          8‑5‑1969                          Parcel in 8‑125‑37

158                          5‑4‑1971                          West ten acres of northeast quarter of northeast quarter, 1‑125‑38

162                          3‑7‑1972                          Part of northeast quarter of northwest quarter, 6‑125‑37

163                          5‑2‑1972                          Parts of southwest quarter, 6‑125‑37

167                          12‑18‑1972                      Parts of southwest quarter of southeast quarter, 6‑125‑37

168                          12‑30‑1972                      Portion of SOO Line RR right‑of‑way in 8‑125‑37

171                          10‑2‑1973                        Southwest quarter of northeast quarter of 1‑125‑38

181                          11‑2‑1976                        Tract in east half of east half of northwest quarter, 18‑125‑37, and tract in northeast quarter, 18‑125‑37

182                          2‑1‑1977                          Two tracts lying south of south line of Government Lot 2, 18‑125‑37, and four tracts in County Subdivision of northwest quarter of southwest quarter, 18‑125‑37


Ord. No.                 Date Passed                     Description

187                          12‑6‑1977                        Outlot 3A, Thompson=s Addition, and west 25 feet of vacated Pope Street

200                          2‑5‑1980                          Part of Outlot 2A, Thompson=s Addition and part of east half of vacated Pope Street

214                          3‑4‑1982                          Part of northwest quarter of northwest quarter, 17‑125‑37

235                          3‑3‑1987                          Four tracts in 8‑125‑37; two tracts in 5‑125‑37; two tracts in 4‑125‑37; two tracts in 9‑125‑37; one tract in 10‑125‑37; two tracts in 15‑125‑37; one tract in 22‑125‑37; and one tract in 21‑125‑37

4                              1‑3‑1989                          South five acres in a portion of west half of southwest quarter, 8‑125‑37, except north 1,073 feet

29                            7‑5‑1994                          South five acres of a portion of west half of southwest quarter, 8‑125‑37

46                            12‑5‑1995                        Annexing 29.32 acres


99‑64                      8‑10‑1999                        Annexing 1,261.07 acres

00‑72                      9‑27‑2000                        Annexing 36.156 acres and repealing Ord. 99‑65

86                            6‑10‑2003                        Annexing 67.89 acres

101                          10‑9‑2007                        Annexing 1.5 acres

105                          5‑12‑2009                        Annexing 12.75 +/‑ acres which will be zoned Industrial

110                          12‑13‑2011                      Annexing 45.67 acres

111                          9‑11‑2012                        Annexing Section 6, Township 125, Range 37

                                                            TABLE II:  FRANCHISES


Ord. No.                 Date Passed                    Description

214A                       2‑2‑1982                          Grants franchise to Tele‑Communications, Inc., for a period of five years

226                          6‑4‑1985                          Grants franchise to Minnegasco, Inc., for a period of 15 years

232                          11‑6‑1986                        Grants franchise to Northern States Power Company for a period of 15 years

239                          9‑1‑1987                          Grants franchise to TCI Cablevision of Minnesota, Inc., for a period of 15 years

79                            5‑14‑2002                        Grants franchise to Reliant Energy Minnegasco, a natural gas utility



                                                               TABLE III:  LAND USE


Ord. No.                 Date Passed                     Description

83                            12‑18‑2002                      Accepts all platted streets within the plats of Zavadil Scenic View Addition, and GDC Park Addition




                                                             TABLE IV:  VACATIONS


Ord. No.                 Date Passed                     Description


62                            ‑ ‑                                     Alley in Block 15, Lathrop=s addition; alleys in blocks 18 and 25, Lathrop=s addition

98                            ‑ ‑                                     Portions of 7th Avenue northeast and 8th Avenue northeast

126                          5‑3‑1966                          Alley in Block 18, original plat

131                          11‑1‑1966                        Alley in east half of Block C, Forsyth=s Addition

177                          12‑30‑1975                      10th Street northwest, north of 1st Avenue

178                          12‑30‑1975                      Part of 3rd Street northeast between 8th Avenue and 9th Avenue

183                          4‑12‑1977                        Pope Street in Thompson=s Addition

191                          5‑2‑1978                          8th Street northeast between Minnesota Avenue and 2nd Avenue northeast

203                          3‑11‑1980                        Portion of 4th Street northeast

204                          3‑11‑1980                        Alley in Block 3, 2nd Sunnyside Addition

210                          10‑6‑1981                        Portion of 8th Street northeast between 2nd Avenue northeast and 3rd Avenue northeast

188                          2‑7‑1984                          6th Street northeast, north of 1st Avenue, northeast and south of 3rd Avenue northeast

188A                       2‑7‑1984                          3rd Street southeast north of 8th Avenue southeast and south of 7th Avenue southeast


Ord. No.                 Date Passed                     Description

227                          6‑5‑1985                          6th Street northeast north of 2nd Avenue northeast and south of 3rd Avenue northeast

237                          9‑8‑1987                          Portion of Third Street northeast and alleys in Block 3, Lathrop=s Addition

240                          4‑5‑1988                          Portion of Fifth Avenue southeast

243                          9‑6‑1988                          Portion of First Street SE south of Sixth Avenue southeast

9                              12‑4‑1990                        Portion of 13th Street northeast

12                            12‑4‑1990                        Portion of 7th Avenue northwest

13                            12‑4‑1990                        Alley in Block 13, Lathrop=s Addition

21                            7‑7‑1992                          Part of Sixth Street northeast

23                            4‑6‑1993                          Portion of 1st Street SE north of 8th Avenue

25                            5‑4‑1993                          Portion of 5th Avenue northwest and portion of alley between and abutting Blocks 16 and 17, Kenney and Day=s Addition

28                            1‑1‑1994                          Portion of 13th Street northeast, Hiland Addition

35                            ‑ ‑1995                             Part of 5th Avenue, known as Christina Street, between Blocks 8 and 9

36                            ‑ ‑1995                             Alleys in Blocks 8 and 9, Kinney and Day=s Addition

32                            5‑2‑1995                          Vacates a portion of alley located in Block 15, original plat of the city

37                            8‑1‑1995                          Vacates a portion of 3rd Avenue northeast

42                            11‑7‑1995                        Vacates a portion of the alley in Block 25


Ord. No.                 Date Passed                     Description

43                            12‑5‑1995                        Vacates portions of 1st Street, northeast, Christiana Street and alleys in Blocks 4, 5, 8 and 9, Kinney and Day=s Addition

48                            2‑6‑1996                          Vacates a portion of 4th Street northeast, 12th Avenue northeast and allies in Blocks 6 and 7, Lathrop=s Addition

51                            10‑1‑1996                        Vacates a portion of 4rh Street northeast and a portion of the alley in Block 2, Lathrop=s Addition

54                            4‑1‑1997                          Vacates an alley in Block 12, Kinney and Day=s Addition

55                            9‑2‑1997                          Vacates 11th Street northeast of the city north of 1st Avenue northeast

60                            5‑18‑1999                        Vacates 4th Avenue southeast between South Franklin Street and 1st Street southeast

61                            7‑13‑1999                        Vacates alley adjacent to Lots 2, 3 and 4, Block 17, Kinney and Day=s Addition

81                            10‑23‑2002                      Vacates alley adjacent to Lots 2, 3, 18 and 19 Block 8, T.T. Ofthun=s Prospect Park Addition

90                            11‑12‑2003                      Vacates Pope Street South of Service Road C

91                            7‑13‑2004                        Vacates portions of 9th Avenue northeast, 10th Avenue northeast, 11th Avenue northeast, and 6th Street northeast (formerly known as Garfield Street)

94                            6‑14‑2005                        Vacates 11th Avenue northeast between 2nd Street northeast and 4th Street northeast


Ord. No.                 Date Passed                     Description

95                            12‑27‑2005                      Vacates a parth of 3rd Avenue northeast, formerly known as Maple Street, adjacent to Lots 9, 10, 11, 12 and 13, Block 8, Lakeview Addition and Lots 6, 7, 8, and 10, Block 9, Lakeview Addition and unplatted land

100                          10‑9‑2007                        Vacates 3rd Avenue northwest west of 1st Street




                                                               TABLE V:  REZONING


Ord. No.                 Date Passed                     Description

87                            ‑ ‑                                     Rezoning plat of Mount Lookout Heights to the Urban Residential (R‑2) Zoning District

99                            ‑ ‑                                     Rezoning part of Block 2 of 5th Sunnyside Addition and pat of Blocks 32, 33 and 33 to the Community Business (B‑1) Zoning District

107                          ‑ ‑                                     Rezoning parts of Lots 1 and 2, Blcok 1, Turtle Mountain Addition form C‑1 Conservation District to R‑1 Suburban Residential Zoning District

112                          ‑ ‑                                     Rezoning of certain property from B‑1 to C‑1

215                          3‑1‑1983                          Rezoning of certain property

218                          9‑6‑1983                          Rezoning of certain property

236                          3‑3‑1987                          Rezoning of certain property

2                              11‑21‑1988                      Rezoning of certain property

24                            5‑4‑1993                          Rezoning of certain property

26                            5‑12‑1993                        Rezoning of certain property

34                            7‑11‑1995                        Rezoning Blocks 8 and 9, Kinney and Day=s Addition from C‑1 to B‑1

39                            9‑5‑1995                          Rezoning portions of Lathrop=s Addition from R‑1 to R‑2

40                            10‑3‑1995                        Rezoning certain property from C‑1 to R‑1


Ord. No.                 Date Passed                     Description

41                            11‑7‑1995                        Rezoning certain property from R‑1 to I‑1

44                            12‑5‑1995                        Rezoning Lots 1 through 9 and Lots 10 through 14, Block 1, Highland Addition from R‑2 to I‑1

74                            11‑13‑2001                      Rezoning all of th lots in Zavadil=s Scenic View Addition to R‑1

77                            4‑24‑2002                        Rezoning Lots 1 through 14, Block 11, Lathrop=s Addition to R‑1

78                            4‑24‑2002                        Rezoning certain property to R‑1

80                            9‑25‑2002                        Rezoning certain property to B‑1

TITLE I: GENERAL PROVISIONS

Chapter

   10.      GENERAL CODE CONSTRUCTION; GENERAL PENALTY


                 CHAPTER 10:  GENERAL CODE CONSTRUCTION; GENERAL PENALTY


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 and supplements by reference
10.20     Enforcement
10.21     Fines and penalties; payment into city treasury
10.22     Reference to a public official

10.98     Supplemental administrative penalties
10.99     General penalty and enforcement
Appendix A:  Notice of code violation



' 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 AGlenwood city 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 of Glenwood, Minnesota, 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 Commission and its authorized representatives.

CITY ADMINISTRATOR.  The person duly appointed by the City Commission, and acting in that capacity.

CODE, THIS CODE or THIS CODE OF ORDINANCES.  This city code as modified by amendment, revision and adoption of new titles, chapters or sections.

COMMISSION.  The City Commission of the City of Glenwood, Minnesota.

COUNTY.   Pope County.

INTERSECTION.  The area embraced within the prolongation or connection of the lateral curb line or, if no curb,  then the  lateral boundary lines of the  roadways  or streets which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict.

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.

POLICE OFFICER and PEACE OFFICER.  Every officer, including special police, authorized to direct or regulate traffic, keep the peace and appointed or employed for the purpose of law enforcement.

PRECEDING or FOLLOWING.  Next before or next after, respectively.

PRIVATE PROPERTY.  All property not included within the definition of public property or public place.

PUBLIC PROPERTY. and PUBLIC PLACE.  Any place, property or premises dedicated to public use, owned by the city, occupied by the city as a lessee, or occupied by the city as a street by reason of an easement, including, but not limited to, streets, parks or parking lots so owned or occupied.

ROADWAY.  The portion of a street improved, designed or ordinarily used for vehicular travel. In the event a street includes two or more separate roadways, the term ROADWAY as used herein shall refer to any such roadway separately but not to all the roadways collectively.

SHALL.  The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write.

STATE.  The State of Minnesota.

STREET.  The entire area dedicated to public use, or contained in an easement or other conveyance or grant to the city, and shall include, but not be limited to, roadways, boulevards, sidewalks, alleys and other public property between lateral property lines in which a roadway lies.

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.
(1988 Code, ' 1.02)



' 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.

(A) 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.

(B)  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 Commission 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 rights‑of‑way, 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 AND SUPPLEMENTS BY REFERENCE.

(A) It is the intention of the City Commission that 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.


(B)  It is the intention of the City Commission that all future supplements are hereby adopted as if they had been in existence at the time this code was enacted, unless there is clear intention expressed in the code to the contrary.


' 10.20  ENFORCEMENT.

(A) Any licensed peace officer of the city=s Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code.

(B)  As permitted by M.S. ' 626.862, as it may be amended from time to time, the City Clerk shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the Clerk or City Commission shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.

(C)  The City Clerk and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.

(D) If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Clerk, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.

(E)  Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Clerk or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Clerk to object to the termination before it occurs, subject to appeal of the Clerk=s decision to the City Commission at a regularly scheduled or special meeting.


(F)  Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.


' 10.21  FINES AND PENALTIES; PAYMENT INTO CITY TREASURY.

All fines, forfeitures and penalties recovered for the violation of any ordinance, charter, rule or regulation of the city shall be paid into the City Treasury by the court or officer thereof receiving the monies. Payment shall be made in the manner, at the time, and in the proportion provided by law.
(1988 Code, ' 1.06)


' 10.22  REFERENCE TO A PUBLIC OFFICIAL.

Wherever an appointed public official is referred to in the city code, the reference shall include the public official or his or her designee.
(1988 Code, ' 1.11)


' 10.98  SUPPLEMENTAL ADMINISTRATIVE PENALTIES.

(A) In addition to those administrative penalties established in this code and the enforcement powers granted in ' 10.20, the City Commission is authorized to create by resolution, adopted by a majority of the members of the Commission, supplemental administrative penalties. The resolution may be in a form established by the City Commission. The resolution may not proscribe administrative penalties for traffic offenses designated by M.S. ' 169.999.

(B)  These administrative penalty procedures in this section are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain provisions of this code. The procedures are intended to be voluntary on the part of those who have been charged with those offenses.

(C)  Administrative penalties for violations of various provisions of the code, other than those penalties established in the code or in statutes that are adopted by reference, may be established from time to time by resolution of a majority of the members of the City Commission. In order to be effective, an administrative penalty for a particular violation must be established before the violation occurred.


(D) In the discretion of the peace officer, City Clerk or other person giving notice of an alleged violation of a provision of this code, in a written notice of an alleged violation, sent by first class mail to the person who is alleged to have violated the code, the person giving notice may request the payment of a voluntary administrative penalty for the violation directly to the City Treasurer within 14 days of the notice of the violation. A sample notice is contained in the Appendix to this chapter. In the sole discretion of the person giving the notice of the alleged violation, the time for payment may be extended an additional 14 days, whether or not requested by the person to whom the notice has been given. In addition to the administrative penalty, the person giving notice may request in the notice to the alleged violator to adopt a compliance plan to correct the situation resulting in the alleged violation and may provide that if the alleged violator corrects the situation resulting in the alleged violation within the time specified in the notice, that the payment of the administrative penalty will be waived.

(E)  At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request to appear before the City Commission to contest the request for payment of the penalty. After a hearing before the Commission, the Commission may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the Commission.


(F)  At any time after the date the payment of the administrative penalty is due, if the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected, the city, through its Attorney, may bring criminal charges in accordance with state law and this code. Likewise, the city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by Commission resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation.



' 10.99  GENERAL PENALTY AND ENFORCEMENT.

(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 state 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 state 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)  Pursuant to M.S. ' 631.48, as it may be amended from time to time, 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.

(E)  In addition to any penalties provided for in this section or in ' 10.98, if any person, firm or corporation fails to comply with any provision of this code, the Commission or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.






                                        APPENDIX A:  NOTICE OF CODE VIOLATION


To:  (Name and address of person who is alleged to have violated the code)

From:  (Name and title of city official giving the notice)

Re:  Alleged violation of Section of the city code, relating to (give title of section)

Date:  (Date of notice)


I  hereby allege that on (date of violation) you violated '                  of the city code relating to                                                                                                                                        .


The City Commission has by resolution established an administrative penalty in the amount of $        for this violation.

Payment of this administrative penalty is voluntary, but if you do not pay it the city may initiate criminal proceedings for this alleged violation.

Payment is due within 14 days of the date of this notice. Before the due date, you may request an additional 14‑day extension of the time to pay the administrative penalty.

As an alternative to the payment of this administrative penalty, if the situation that gave rise to this alleged violation is corrected by                         (establish date), then the payment of the administrative penalty will be waived.

Even if the administrative penalty is paid, the city reserves the right to institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.

Before the due date, you may request to appear before the City Commission to contest the request for payment of the penalty. After a hearing before the Commission, the Commission may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the Commission.

If you pay the administrative penalty, the city will not initiate criminal proceedings for this alleged violation. However, the Commission, or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.




Payment of the administrative penalty may be made by check, cash or money order to the City Treasurer.


Signed:                                                             
(Name and Title of Person Giving Notice)

TITLE III: ADMINISTRATION

Chapter

   30.      GENERAL PROVISIONS

   31.      CITY ORGANIZATIONS

   32.      POLICIES AND PROCEDURES

   33.      TAX AND FINANCE



                                               CHAPTER 30:  GENERAL PROVISIONS


Section

30.01     Authority and purpose
30.02     Commission meetings; time and place
30.03     Special meetings
30.04     Commission procedure at regular meetings
30.05     City Seal
30.06     Right to administrative appeal
30.07     Rules of procedure for appeals and other hearings
30.08     Facsimile signatures
30.09     Accounts, claims or demands
30.10     Interim emergency succession
30.11     Salaries of Mayor and Commission
30.12     Worker=s compensation



' 30.01  AUTHORITY AND PURPOSE.

Pursuant to authority granted by the City Charter, this title of the city code is enacted so as to set down for enforcement the government and good order of the city by and through the Commission.
(1988 Code, ' 2.01)


' 30.02  COMMISSION MEETINGS; TIME AND PLACE.

(A) Regular meetings of the Commission shall be held in the Commission Chambers not less than once each month upon such day, and at such time, as the Commission may from time to time determine by resolution. Special and adjourned meetings shall also be held in the Commission Chambers.

(B)  In the event that any regular meeting falls on a holiday, then the meeting shall be held on the next business day at the same time.
(1988 Code, ' 2.02)  (Ord. 57, passed 11‑4‑1997)



' 30.03  SPECIAL MEETINGS.

(A) Special meetings of the Commission may be called by the Mayor or by any two other members of the Commission by writing filed with the City Administrator stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the City Administrator to each member of the Commission by mailing a copy of the filing to all members who did not sign or issue the call at least four days prior to the time stated therein, or by personal service at least 72 hours prior to the projected time of meeting.

(B)  Special meetings may be held without prior written notice to the Commission when all Commission members are present at the meeting or consent thereto in writing. Any such consent shall be filed with the City Administrator prior to the beginning of the meeting.

(C)  Any special meeting attended by all Commission members shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the Commission which are adjourned from time to time shall not be subject to the foregoing notice requirements; nor shall special meetings which, in the judgment of the Commission, require immediate consideration to meet an emergency require the notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute.
(1988 Code, ' 2.03)


' 30.04  COMMISSION PROCEDURE AT REGULAR MEETINGS.

(A) The City Administrator shall prepare the following items:

(1)   An agenda for the forthcoming meeting;

(2)   A compiled list of all claimants who have filed verified accounts claiming payment for goods or services rendered the city during the preceding month, the list to be called the AClaim Report@ and bearing headings AClaimant@, APurpose@ and AAmount@;

(3)   A copy of all minutes to be considered; and

(4)   Copies of other proposals, communications or other documents as the City Administrator deems necessary or proper for advance consideration by the Commission.

(B)  The City Administrator shall forthwith cause to be mailed or delivered to each  member  of  the  Commission copies of all the documents.

(C)  Robert=s Rules of Order (newly revised) shall govern all Commission meetings as to procedural matters not set forth in the Charter or city code.


(D) The order of business at regular meetings shall be as follows:

(1)   Call to order;

(2)   Roll call;

(3)   Determination of quorum;

(4)   Approval of minutes (actual reading may be waived if each member of the Commission was furnished with a copy thereof as hereinbefore set forth);

(5)   Public hearings;

(6)   Petitions, requests and communications;

(7)   Ordinances and resolutions;

(8)   Reports of officers, boards and committees;

(9)   Unfinished business;

      (10)  New business;

      (11)  Miscellaneous; and

      (12)  Adjournment.

(E)  Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered, except:

(1)   With the unanimous consent of the members of the Commission; or

(2)   Scheduled public hearings or bid lettings at the time stated in the notice.

(F)  All claims for payment must be filed at or before 12:00 noon on the Friday preceding the regular Commission meeting at which it is to be considered.
(1988 Code, ' 2.04)


' 30.05  CITY SEAL.

(A) All contracts to which the city is a party shall be sealed with the City Seal. The Seal shall be kept in the custody of the City Administrator and affixed by him or her.


(B)  The official City Seal shall be a circular disc having engraved thereupon ACITY OF GLENWOOD@ and other words, figures or emblems as the Commission may, by resolution, designate.
(1988 Code, ' 2.05)


' 30.06  RIGHT TO ADMINISTRATIVE APPEAL.

(A) If any person shall be aggrieved by any administrative decision of the City Administrator or any other city official, or any Board or Commission not having within its structure an appellate procedure, the aggrieved person is entitled to a full hearing before the City Commission upon serving a written request therefor upon the Mayor and City Administrator at least five days prior to any regular City Commission meeting. The request shall contain a general statement setting forth the administrative decision to be challenged by the appellant.

(B)  At the hearing, the appellant may present any evidence he or she deems pertinent to the appeal, but the city shall not be required to keep a verbatim record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on his or her own motion or the motion of the appellant, the City Administrator, or a member of the City Commission, adjourn the hearing to a more convenient time or place, but the time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.
(1988 Code, ' 2.06)


' 30.07  RULES OF PROCEDURE FOR APPEALS AND OTHER HEARINGS.

The Commission may adopt by resolution certain written rules of procedure to be followed in all administrative appeals and other hearings to be held before the Commission or other bodies authorized to hold hearings and determine questions therein presented. The rules of procedure shall be effective 30 days after adoption and shall be for the purpose of establishing and maintaining order and decorum in the proceedings.
(1988 Code, ' 2.07)


' 30.08  FACSIMILE SIGNATURES.

(A) The Mayor and City Administrator are hereby authorized to request a depository of city funds to honor an order for payment when the instrument bears a facsimile of his or her signature, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were his or her manually written signature.

(B)  The authority is granted only for the purpose of permitting the officers an economy of time and effort.
(1988 Code, ' 2.08)



' 30.09  ACCOUNTS, CLAIMS OR DEMANDS.

(A) Generally. Except as to an annual salary, fees of jurors or witnesses fixed by law, or wages or salaries of employees which have been fixed on an hourly, daily, weekly or monthly basis by the Commission, and which by law are authorized to be paid on a payroll basis, any account, claim or demand against the city which can be itemized in the ordinary course of business, the Commission shall not audit or allow the claim until the person claiming payment, or his or her agent, reduces it to writing, in items, and signs a declaration to the effect that the account, claim or demand is just and correct and that no part of it has been paid.

(B)  Discretionary exception. The Commission may, in its discretion, allow a claim prepared by the City Administrator prior to the declaration by the claimant if the declaration is made on the check by which the claim is paid.

(C)  Form of declaration. The declaration provided for in division (A) above is sufficient in the following form: AI declare under the penalties of law that this account, claim or demand is just and correct and that no part of it has been paid. Signature of Claimant@.

(D) Form and effect of declaration on check. The declaration provided for in division (B) above shall be printed on the reverse side of the check, above the space for endorsement thereof by the payee, as follows: AThe undersigned payee, in endorsing this check declares that the same is received in payment of a just and correct claim against the city, and that no part of it has heretofore been paid@. When endorsed by the payee named in the check, the statement shall operate and shall be deemed sufficient as the required declaration of claim.

(E)  Signing checks. All checks shall be signed by the Mayor and City Administrator.
(1988 Code, ' 2.09)


' 30.10  INTERIM EMERGENCY SUCCESSION.

(A) Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to insure the continuity of duly elected and lawful leadership of the city to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices.

(B)  Succession to local offices.

(1)   In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the city, the Mayor, Commission and City Administrator shall be forthwith notified by any one of the persons and by any means available to gather at the City Hall.


(2)   In the event that safety or convenience dictate, an alternative place of meeting may be designated.

(3)   Those gathered shall proceed as follows.

(a)   By majority vote of those persons present, regardless of number, they shall elect a Chairperson and Secretary to preside and keep minutes, respectively.

(b)  They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or the imminence thereof.

(c)   They may, based on the facts, declare a state of emergency.

(d)  By majority vote of those persons present, regardless of number, they shall fill all positions on the Commission, (including the office of Mayor) of those persons upon whom notice could not be served or who are unable to be present.

(e)   The interim successors shall serve until a time as the duly elected official is again available and returns to his or her position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first.

(C)  Duties of the Interim Emergency Commission. The Interim Emergency Commission shall exercise the powers and duties of their offices, and appoint other key government officials to serve during the emergency.
(1988 Code, ' 2.20)


' 30.11  SALARIES OF MAYOR AND COMMISSION.

(A) Salaries of the Mayor and Commission are set by the City Commission from time to time.

(B)  Out of town meals and lodging are reimbursed on a receipt basis.
(1988 Code, ' 2.21)


' 30.12  WORKER=S COMPENSATION.

(A) Contractors. The city shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the worker=s compensation insurance coverage requirement of state statutes.


(B)  City officers. All officers of the city elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of Aemployee@ as defined in state statutes relating to coverage for purposes of worker=s compensation entitlement.
(1988 Code, ' 2.22)



                                               CHAPTER 31:  CITY ORGANIZATIONS


Section

Departments of the City

31.01     Departments generally
31.02     Department of Public Works
31.03     Department of Airport, Parks and Buildings
31.04     Department of Sanitary Services and Water
31.05     Department of Finance
31.06     Department of Public Safety
31.07     Legal Department

Boards and Commissions of the City

31.20     Boards and commissions generally
31.21     Planning Board
31.22     Park Board
31.23     Airport Zoning Board
31.24     Library Board
31.25     Cable Television Advisory Board
31.26     Housing Advisory and Appeals Board



DEPARTMENTS OF THE CITY


' 31.01  DEPARTMENTS GENERALLY.

(A) Designation of department heads. At the first meeting of the calendar year, the Commission shall designate one of its members to head each of the departments; provided, however, that the Mayor shall be designated head of the Department of Public Safety.

(B)  Compensation. All wages and salaries shall be fixed and determined by the Commission.
(1988 Code, ' 2.30)



' 31.02  DEPARTMENT OF PUBLIC WORKS.

A Department of Public Works is hereby established. All matters relating to streets are under the jurisdiction of this Department.
(1988 Code, ' 2.31)


' 31.03  DEPARTMENT OF AIRPORT, PARKS AND BUILDINGS.

(A) A Department of Airport, Parks and Buildings is hereby established.

(B)  All matters relating to the airport, parks and city buildings are under the jurisdiction of this Department.
(1988 Code, ' 2.32)


' 31.04  DEPARTMENT OF SANITARY SERVICES AND WATER.

A Department of Sanitary Services and Water is hereby established. All matters relating to the sewerage and water systems are under the jurisdiction of this Department.
(1988 Code, ' 2.33)


' 31.05  DEPARTMENT OF FINANCE.

A Department of Finance is hereby established. All matters relating to city finances and the municipal dispensary are under the jurisdiction of this Department.
(1988 Code, ' 2.34)


' 31.06  DEPARTMENT OF PUBLIC SAFETY.

(A) A Department of Public Safety is hereby established.

(B)  Within this Department are the Police Department and the Volunteer Fire Department.

(C)  The Chief of Police has direct supervision over the Police Department and the Fire Chief has direct supervision over the Fire Department.

(D) All matters of law enforcement shall be the duty of personnel in the Police Department, and firefighting, fire protection and fire prevention shall be the duty of the personnel of the Fire Department.


(E)  The Chief of Police, by reason of his or her position, shall represent the city in all matters regarding civil defense.
(1988 Code, ' 2.35)


' 31.07  LEGAL DEPARTMENT.

(A) A Legal Department is hereby established.

(B)  The Commission shall appoint a City Attorney, who shall be Head of the Legal Department, together with the assistants as may be necessary, who shall serve at the pleasure of the Commission.

(C)  The City Attorney shall perform the duties as are required of him or her by law or referred to him or her by the Commission.

(D) It shall be the official duty of the City Attorney to act as ARevisor of Ordinances@.
(1988 Code, ' 2.36)



BOARDS AND COMMISSIONS OF THE CITY


' 31.20  BOARDS AND COMMISSIONS GENERALLY.

(A) All board and commission appointments authorized by ordinance or resolution shall be made by the City Commission, and the appointment confirmed prior to expiration of the existing term.

(B)  The term of each appointee shall be established and stated at the time of his or her appointment, and terms of present board and commission members may be reestablished and changed so as to give effect to this section.

(C)  New appointees shall assume office on the first day of the first month following their appointment and qualification, or on the first day of the first month following the expiration of the prior term and qualification, whichever shall occur last; provided, however, that all appointees to boards and commissions shall hold office until their successor is appointed and qualified.

(D) All vacancies shall be filled in the same manner as for an expired term, but the appointment shall be effective immediately when made and only for the unexpired term.

(E)  All appointed board and commission members shall serve without remuneration, but may be reimbursed for out‑of‑pocket expenses incurred in the performance of their duties when the expenses have been authorized by the City Commission before they were incurred.


(F)  The Chairperson and the Secretary shall be chosen from and by the board or commission membership annually to serve for one year.

(G) Any board or commission member may be removed by the City Commission for misfeasance, malfeasance or nonfeasance in office and his or her position filled as any other vacancy.

(H) Each board and commission shall hold its regular meeting at a time established and approved by the City Commission. Except as otherwise provided, this section shall apply to all boards and commissions.
(1988 Code, ' 2.50)


' 31.21  PLANNING BOARD.

(A) Establishment and composition. A Planning Board is hereby established, consisting of six residents of the city, who shall serve staggered three‑year terms, none of whom shall be officers or employees of the city. This provision shall not prevent the Commission from, by resolution, enlarging or reducing the membership of the Planning Board.

(B)  Meetings and reports. The Planning Board shall meet monthly on the last Monday before the first Tuesday of each month at a time to be prescribed by the Board at the Commission Chambers in the City Hall and at other times and places as the Board shall designate. Special meetings shall be called in the same manner as special meetings of the Commission. Minutes of all meetings shall promptly be filed with the City Administrator. Written reports of the work of the Board and its recommendations shall be presented to the Commission monthly. In addition thereto, the Board shall submit the additional reports as required by resolution of the Commission or other applicable law.

(C)  Powers and duties. The Planning Board shall have all the powers and duties defined or granted in the statutes and the city code relating to planning, zoning and subdivision regulation and shall act in an advisory capacity to the Commission in all of the areas.
(1988 Code, ' 2.51)


' 31.22  PARK BOARD.

(A) Establishment and composition. A Park Board for the city is hereby established.

(B)  Composition.

(1)   The Park Board shall be comprised of one City Commissioner, who shall be appointed annually by the City Commission and shall serve as the Chair of the Park Board and four citizens of the city appointed for staggered four‑year terms, one term to expire each year.

(2)   The City Administrator shall be an ex officio member of the Board.


(C)  Duties. The Park Board shall be advisory to the City Commission. Specifically, the Park Board shall:

(1)   Conduct regular meetings per year (one per quarter). Additional meetings may be scheduled as required;

(2)   Establish and maintain a comprehensive park plan for the city focusing on future improvements and long‑range planning;

(3)   Annually inspect the parks and recreational facilities of the city and make recommendations for improvements;

(4)   Annually review the operation of the Barsness Park Campground and make recommendations for fees, staffing and other operational issues;

(5)   Annually review the park budget and make recommendations to the City Commission; and

(6)   Maintain minutes of all proceedings, a copy of which shall be maintained on file at City Hall.

(D) Rules of procedure. The Park Board shall adopt the by‑laws as the Board shall deem advisable. A copy of any such by‑laws or amendments shall be provided to the City Commission.
(1988 Code, ' 2.52)  (Ord. 59, passed 1‑27‑1999)


' 31.23  AIRPORT ZONING BOARD.

(A) Establishment and composition. An Airport Zoning Board is hereby established, consisting of five members, who shall serve staggered five‑year terms.

(B)  Powers and duties.

(1)   The Airport Zoning Board shall have all powers and duties prescribed by applicable state law, to adopt, amend from time to time, administer and enforce airport zoning regulations.

(2)   All proposed regulations shall be adopted in accordance with the provisions of applicable state law.
(1988 Code, ' 2.53)



' 31.24  LIBRARY BOARD.

(A) Establishment and composition. A Library Board composed of seven members who shall serve staggered three‑year terms is hereby established. No more than one Commission member shall be a member of the Board. No member shall be eligible to serve more than three consecutive three‑year terms.

(B)  Duties. The duties of the Board are as follows:

(1)   To annually elect from its membership a President, Secretary and other officers as it deems necessary; adopt rules and regulations for the government of the library and conduct of its business; appoint a qualified Library Director and other staff as necessary, establish compensation and benefits of employees in accordance with the provisions of city policies and subject to the approval of the Commission, and remove them for cause;

(2)   To pay into the City Treasury all money received for the library, and interest thereon, which shall be credited to the Library Fund and kept separate from the other money of the city, and paid out only upon approval of the Board;

(3)   To have exclusive control of library grounds and rooms, and to lease rooms for library use if it finds such to be necessary or desirable; and

(4)   To annually report to the Commission receipts and their sources, disbursements and for what purposes, the number of library materials on hand, purchased and loaned, and other information it deems advisable; and, to file the information with the State Department of Education not later than April 1 of each year.

(C)  Title to property. All property given, granted, conveyed, donated, devised or bequeathed to, or otherwise acquired by, the city for a library shall vest in, and be held in the name of, the city, and any conveyance, grant, donation, devise, bequest or gift made to, or in the name of, the library or Library Board shall be deemed to have been made directly to the city.
(1988 Code, ' 2.54)


' 31.25  CABLE TELEVISION ADVISORY BOARD.

(A) Establishment and composition. A Cable Television Advisory Board is hereby established, consisting of six members, who shall be appointed annually.


(B)  Duties. The Board shall monitor the performance of the franchisee in executing the provisions of the franchise, and:

(1)   Shall submit an annual report to the city, to the cable communications system operator and to the State Cable Communications Board, assessing the franchisee=s performance according to the terms of the franchise and make recommendations to the city regarding the apparently or likely need for upgrading the system to meet the current state of the art; and

(2)   Three months prior to the expiration of a franchise and to the expiration of a certification of confirmation, the Board shall submit a report to the city which report shall include a written appraisal of the performance of the franchisee over the entire length of the franchise with regard to the provisions of the franchise.

(a)   The report shall also include recommendations for revised or additional provisions of the franchise, considering at least the following items: channel capacity, channels for access cablecasting; facilities and staff assistance available for access cablecasting; two‑way capability; and the need for further service to be extended within the franchised area based upon a reassessment of the communications needs of the city in relation of the services generally offered by the cable industry.

(b)  A copy of the report shall be sent, within ten days of the submission of the franchising authority, to the cable communications system operator and to the State Cable Communications Board.
(1988 Code, ' 2.55)


' 31.26  HOUSING ADVISORY AND APPEALS BOARD.

(A) Establishment and composition. A Housing Advisory and Appeals Board, composed of five members who are not employees of the city, and who shall serve staggered three‑year terms, is hereby established. The Building Official shall be an ex officio member and shall act as Secretary of the Board.

(B)  Powers and duties. The Board shall have all of the powers and duties set forth in the Uniform Housing Code of the International Conference of Building Code Officials.
(1988 Code, ' 2.56)



                                         CHAPTER 32:  POLICIES AND PROCEDURES


Section

32.01     Disposal of abandoned motor vehicles, unclaimed property and excess property
32.02     Personnel rules and regulations
32.03     Special assessment policy
32.04     Partial prepayment of special assessments
32.05     Franchises
32.06     Program to defer payment of special assessments for senior citizens and retired disabled homeowners



' 32.01  DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND
EXCESS PROPERTY.

(A) Disposal of abandoned motor vehicles.

(1)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED MOTOR VEHICLE.  A motor vehicle as defined in M.S. Chapter 169, as it may be amended from time to time, that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without the consent of the person in control of the property, or in an inoperable condition such that it has no substantial potential further use consistent with its usual function unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to and accepted by the city. A classic car or pioneer car, as defined in M.S. Chapter 168, as it may be amended from time to time, shall not be considered an abandoned motor vehicle within the meaning of this section. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the city code, shall not be considered ABANDONED MOTOR VEHICLES within the meaning of this section.

VITAL COMPONENT PARTS.  The parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.

(2)   Custody. The city may take into custody and impound any abandoned motor vehicle.


(3)   Immediate sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts and does not display a license plate currently valid in the state or any other state or foreign country, it shall immediately be eligible for sale at public auction, and shall not be subject to the notification, reclamation or title provisions of this division (A).

(4)   Notice.

(a)   When an abandoned motor vehicle does not fall within the provisions of division (A)(3) above, the city shall give notice of the taking within ten days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if the information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under division (A)(5) below, and shall state that failure of the owner or lien holder to exercise his or her right to reclaim the vehicle and contents shall be deemed a waiver by him or her of all rights, title and interest in the vehicle and a consent to the sale of the vehicle and contents at a public auction pursuant to division (A)(6) below.

(b)  The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy.

(5)   Right to reclaim.

(a)   The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim the vehicle from the city upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this division (A).

(b)  Nothing in this division (A) shall be construed to impair any lien of a garage keeper under the laws of this state, or the right of the lien holder to foreclose. For the purposes of this division (A)(5), GARAGE KEEPER is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.

(6)   Public sale.

(a)   An abandoned motor vehicle and contents taken into custody and not reclaimed under division (A)(5) above shall be sold to the highest bidder at public auction or sale, following one notice published at least seven days prior to the auction or sale. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.


(b)  From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred pursuant to this division (A). Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in the General Fund of the city.

(7)   Disposal of vehicles not sold. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it in accordance with this division (A).

(8)   Contracts and disposal.

(a)   The city may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.

(b)  Where the city enters into a contract with a person duly licensed by the State Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency=s plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where a contract has been approved, the Agency may reimburse the city for the costs incurred under the contract which have not been reimbursed.

(c)   If the city utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.

(B)  Disposal of unclaimed property.

(1)   Definition. The term ABANDONED PROPERTY means tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared such by a resolution of the Commission.

(2)   Preliminary notice. If the City Administrator knows the identity and whereabouts of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Commission. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the City Administrator notice shall also be served upon him or her. The notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Commission after the expiration of 30 days from the date of the notice.


(3)   Notice and sale. Upon adoption of a resolution declaring certain property to be abandoned property, the City Administrator shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property. The text of the notice shall also state the time, place and manner of sale of all the property, except cash and negotiables. The notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Commission in its resolution declaring property abandoned and stated in the notice.

(4)   Fund and claims thereon. All proceeds from the sale shall be paid into the General Fund of the city and expenses thereof paid therefrom. The former owner, if he or she makes claim within eight months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice and sale expenses, but without interest. The payment shall be also made from the General Fund.

(C)  Disposal of excess property.

(1)   Declaration of surplus and authorizing sale of property. The City Administrator may, from time to time, recommend to the Commission that certain personal property (chattels) owned by the City is no longer needed for a municipal purpose and should be sold. By action of the Commission, the property shall be declared surplus, the value estimated and the City Administrator authorized to dispose of the property in the manner stated herein.

(2)   Surplus property with a total estimated value of less than $100. The City Administrator may sell surplus property with a total value of less than $100 through negotiated sale.

(3)   Surplus property with a total estimated value between $100 and $500. The City Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100 to $500. Notice of the public sale shall be given stating time and place of sale and generally describing the property to be sold at least ten days prior to the date of sale either by publication once in the official newspaper, or by posting in a conspicuous place in the City Hall at the City Administrator=s option. The sale shall be by auction.

(4)   Surplus property with a total estimated value over $500. The City Administrator shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500. Notice of the public sale shall be given stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. The sale shall be to the person submitting the highest bid.

(5)   Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the General Fund.

(D) Persons who may not purchase; exception.


(1)   No employee of the city who is a member of the administrative staff, department head, a member of the Commission, or an advisor serving the city in a professional capacity, may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week=s published or posted notice of sale is given.

(2)   It is unlawful for any person to be a purchaser of property under this section if the purchase is prohibited by the terms of this section.
(1988 Code, ' 2.70)  Penalty, see ' 10.99


' 32.02  PERSONNEL RULES AND REGULATIONS.

The Commission may, by resolution, establish personnel rules setting forth the rights, duties and responsibilities of employees. The rules may from time to time be amended.
(1988 Code, ' 2.71)


' 32.03  SPECIAL ASSESSMENT POLICY.

The Commission may, by resolution, adopt, from time to time amend, or repeal a special assessment policy.
(1988 Code, ' 2.72)


' 32.04  PARTIAL PREPAYMENT OF SPECIAL ASSESSMENTS.

(A) Partial prepayment of assessments permitted. After the adoption of an assessment roll pursuant to M.S. Chapter 429, as it may be amended from time to time, and before certification of the assessment roll to the County Auditor, the City Administrator, or other authorized official, is authorized and directed to accept partial prepayment of the assessment, and reduce the amount certified to the County Auditor accordingly. As provided by law, the partial prepayment may be accepted only during the 30‑day period following approval of the assessment roll.

(B)  Scope. This section shall apply to all assessment rolls which, on the effective date hereof, have been adopted by the Commission, but not yet certified to the County Auditor, and to all assessment rolls subsequently adopted by the Commission.
(1988 Code, ' 2.73)


' 32.05  FRANCHISES.

(A) Definition. The term FRANCHISE, as used in this section, shall be construed to mean any special privileges granted to any person in, over, upon or under any of the streets or public places of the city, whether the privilege has heretofore been granted by it or by the state, or shall hereafter be granted by the city or by the state.


(B)  Franchise ordinances. The Commission may grant franchises by ordinance. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public=s right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semipermanent fixtures for the purpose of constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the city or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place the fixtures in those places.

(C)  Power of regulation reserved. The city shall have the right and power to regulate and control the exercise by any person, of any franchise however acquired, and whether the franchise has been heretofore granted by it or by the state.

(D) Conditions in every franchise. All conditions specified in this section shall be a part of every franchise even though they may not be expressly contained in the franchise.

(1)   The grantee shall be subject to and will perform on its part all the terms of this section and will comply with all pertinent provisions of any City Charter and city code, as the same may from time to time be amended.

(2)   The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges; but that the fares, rates and charges shall at all times be just, fair and reasonable for the services rendered and shall in all cases be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following:

(a)   A reasonable rate shall be construed to be one which will, with efficient management, normally yield above all operating expenses and depreciation, a fair return upon all money invested;

(b)  If possible, maximum rates and charges shall be arrived at by direct negotiation with the Commission; and

(c)   If direct negotiations fail to produce agreement, the Commission shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative, the franchisee shall likewise appoint an expert as its representative and the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a Board of  Arbitration. The Board shall report its findings as soon as possible and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties.

(3)   The Commission shall have the right to require reasonable extensions of any public service system from time to time, and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public.


(4)   The grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the city to acquire the public utility exercising such franchise, any return on account of the franchise or  its value.

(5)   No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of the sale or lease, accepting the terms of the franchise, and agreeing to perform all the conditions required of the grantee thereunder.

(6)   Every grant in the franchise contained of permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semi‑permanent fixtures whatsoever, shall be subject to the conditions that the Commission shall have the power to require the alterations therein, or relocation or rerouting thereof, as the Commission may at any time deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used.

(7)   Every franchise shall contain a provision granting the city the right to acquire the same in accordance with statute.

(8)   The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city.

(E)  Further provisions of franchises. The enumeration and specification of particular matters which must be included in every franchise or renewal or extension thereof, shall not be construed  as  impairing the  right of the city to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Commission may deem proper to protect the city=s interests, nor shall anything contained in this section limit any right or power possessed by the city over existing franchises.
(1988 Code, ' 2.74)


' 32.06  PROGRAM TO DEFER PAYMENT OF SPECIAL ASSESSMENTS FOR SENIOR
CITIZENS AND RETIRED DISABLED HOMEOWNERS.

(A) Special assessment deferral. Pursuant to M.S. '' 435.193 through 435.195, as they may be amended from time to time, senior citizens and retired disabled homeowners may defer special assessments levied against homestead property owned by the applicant if the criteria set forth in this section are met by the applicant.


(B)  Eligibility. Any person 65 years of age or older or totally and permanently disabled as determined by the Social Security Administration may defer special assessments levied against real property for public improvements if the following conditions are met.

(1)   Ownership. The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership. An applicant must provide either a recorded deed or contract for deed with the application to establish a qualified ownership interest as required herein.

(2)   Homestead. The property must be the applicant=s principal place of domicile and classified on the city=s and county=s real estate tax rolls as the applicant=s homestead.

(3)   Net income. The applicant=s net income and net income of all other joint tenants, tenant in common or contract vendees in title to the property may not exceed the Section 8 income limit as determined by the Department of Housing and Urban Development for the county for the year preceding the year in which the deferral is requested.

(C)  Interest on deferred assessment. All deferred special assessments shall be subject to and charged simple interest at a rate established by the City Commission at the time of the deferral. The interest shall be payable upon termination of the deferral status.

(D) Termination of deferral status. Special assessment payments deferred pursuant to this section shall become payable effective upon the occurrence of one of the following events:

(1)   Sale of the property. The subject property is sold, transferred, subdivided or in any way conveyed to another by the fee owner qualified for deferral status;

(2)   Death of owner. The death of the fee owner qualified for deferral status unless a surviving joint tenant, tenant in common or contract vendee is eligible for the deferral benefit provided hereunder;

(3)   Non‑homestead property. The subject property loses its homestead status for any reason; or

(4)   No hardship. The City Commission determines, in its sole discretion, that there would be no hardship to require an immediate or partial payment of the deferred special assessment.

(E)  Filing for deferral status.

(1)   An eligible applicant must file an application on or before September 15 of the year preceding the year for which deferral status is requested in order to implement the deferral program for the year.

(2)   All deferral applications must be made on forms approved by the city and submitted to the City Clerk.


(3)   If a deferred assessment is granted, the County Auditor shall record a notice thereof with the County Recorder setting fourth the amount of the assessment and the rate of interest thereon.
(Ord. 69, passed 12‑14‑1999)




                                                   CHAPTER 33:  TAX AND FINANCE


Section

Local Lodging Tax

33.01     Imposition of tax
33.02     Definitions
33.03     Exceptions and exemptions
33.04     Advertising no lodging tax
33.05     Collections
33.06     Payments and returns
33.07     Processing returns
33.08     Failure to file return
33.09     Interest
33.10     Application of payments
33.11     Enforcement
33.12     Administration of lodging tax
33.13     Examination of records
33.14     Appeals
33.15     Use of the proceeds
33.16     Failure to file/pay



LOCAL LODGING TAX


' 33.01  IMPOSITION OF TAX.

(A) Pursuant to M.S. ' 469.190, as it may be amended from time to time, there is hereby imposed a minimum tax of 3%, or any amount thereof, up to the maximum allowed by law as authorized by the City Commission, of the gross receipts from the furnishing for consideration for lodging within the city.

(B)  In no case shall the lodging tax imposed by this subchapter upon an operator exceed the amount of lodging tax that the operator is authorized and required by this section to collect from a lodger.
(Ord. 114, passed 3‑11‑2014)



' 33.02  DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAMPGROUND.  Any property that is used to provide temporary lodging for the public while fishing, hunting, vacationing or touring in tents, campers, recreational vehicles or other portable shelters owned by the members of the public.

GROSS RECEIPTS.  The total amount received, in money or otherwise, for lodging as measured by the rate for lodging.

LOCAL CONVENTION OR TOURISM BUREAU.  The Glenwood Lakes Area Chamber of Commerce or whomever the Glenwood City Commission shall designate in lieu of the Chamber.

LODGING.  The furnishing for consideration of lodging facility except where lodging shall be for a continuous period of 30 days or more to the same lodger. The furnishings of rooms or lodging space owned by a religious, educational or non‑profit organization for self‑sponsored activities and events shall not constitute LODGING for purposes of this subchapter.

LODGING FACILITY.  Every building, structure, enclosure or area, or any part thereof, kept, used as, maintained as, or advertised as, or held to the public to be an enclosure where sleeping accommodations are furnished to the public and furnishing accommodations other than renting or leasing of it for a continuous period of 30 days or more. This applies to hotels, motels, rooming houses, bed and breakfasts, tourist courts, resorts and public, private and municipal campgrounds or recreational resorts located within the city.

LODGER.  Every person obtaining lodging from an operator.

LODGING TAX.  A tax imposed by the city pursuant to ' 33.01.

MUNICIPAL.  Property owned by the city.

OPERATOR.  Any person who is the proprietor of the lodging facility, whether in the capacity of owner, lessee, sublessee, licensee or any other capacity.

PERSON.  Any person, persons, firm, corporations, partnerships, trustees, lessees or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOMEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers and agents thereof.


RESORT.  Any building, structure or enclosure or any part thereof, located on, or on property neighboring any lake, stream or skiing or hunting area for the purposes of providing convenient access thereto, kept, used, maintained or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public, and primarily to those seeking recreation, for periods of one day, one week or longer, and having for rent five or more cottages, rooms or enclosures.
(Ord. 114, passed 3‑11‑2014)


' 33.03  EXCEPTIONS AND EXEMPTIONS.

(A) The lodging tax shall not apply to the furnishing for consideration of lodging for a continuous period of 30 days or more to the same lodger, including but not limited to seasonal campground rentals and contracts or agreements with any business, organization and/or person(s) for extended stay lodging.

(B)  An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted except upon a claim made at the time the rent is collected. The claim shall be made in writing and under penalty of perjury on forms provided by the city. All the claims shall be forwarded to the city when the returns and collections are submitted as required by this subchapter.
(Ord. 114, passed 3‑11‑2014)


' 33.04  ADVERTISING NO LODGING TAX.

It shall be unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the lodging tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded.
(Ord. 114, passed 3‑11‑2014)  Penalty, see ' 10.99


' 33.05  COLLECTIONS.

(A) Each operator shall collect the lodging tax imposed by this subchapter at the time the rent is paid. The lodging tax collected shall be deemed to be held in trust by the operator for the city.

(b)  The amount of lodging tax shall be separately stated from the rent charged for the lodging and those persons paying the lodging tax shall receive a receipt of payment from the operator.
(Ord. 114, passed 3‑11‑2014)


' 33.06  PAYMENTS AND RETURNS.

(A) Every person who collects lodging tax shall pay the lodging tax collected to the city. Operators shall prepare monthly returns and shall submit payments to the city quarterly, on or before the fifteenth of the month following the end of the calendar quarter (March, June, September and December).


(B)  At the time of payment, operators shall submit a copy of monthly returns for the calendar quarter, plus a quarterly return summarizing the totals for the calendar months being filed.

(1)   All returns shall be those prepared, authorized and containing such information as the city may require.

(2)   At the minimum, the returns(s)s shall contain the following information:

(a)   The period covered by the return;

(b)  The total amount of consideration collected for lodging during the period covered by the return;

(c)   The total amount of exceptions or exemptions;

(d)  The amount of uncollectible consideration charged subject to the lodging tax;

(e)   The amount of lodging tax required to be collected and due for the period; and

(f)   The signature of the person filing the return or that of his or her agent duly authorized in writing.

(C)  The operator may offset against the lodging taxes payable with respect to any reporting period, the amount of lodging tax that became uncollectible during the reporting period, but only in proportion to the portion of the consideration which became uncollectible.
(Ord. 114, passed 3‑11‑2014)


' 33.07  PROCESSING RETURNS.

(A) Upon receipt of returns and payments, the city shall review the same and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness.

(B)  The lodging tax computed on the basis of the examination shall be the lodging tax due. If the lodging tax due is found to be greater than paid, the excess shall be paid to the city within ten days after receipt of a notice thereof given either personally, electronically or sent by registered mail to the address shown on the return.

(C)  If the lodging tax paid is greater than the lodging tax found to be due, the excess shall be refunded to the person who paid the lodging tax to the city within ten days after determination of the refund.
(Ord. 114, passed 3‑11‑2014)



' 33.08  FAILURE TO FILE RETURN.

(A) The city shall notify any operator of a facility who fails to file a return or who files an incorrect, false or fraudulent return of the fact. The operator shall file the return or a corrected return within five days of the receipt of the written notice and pay any lodging tax due thereon.

(B)  If the person fails to file the return or corrected return, the city shall make a return or corrected return for the person from the knowledge and information as the city can obtain and assess the lodging tax due on the basis thereof, which the lodging tax shall be paid within five days of the recei

TITLE V: PUBLIC WORKS

Chapter

   50.      CITY UTILITIES

   51.      WATER SERVICES

   52.      SEWERAGE SERVICE

   53.      INDIVIDUAL SEWAGE AND WASTEWATER TREATMENT SYSTEMS

   54.      STORM WATER UTILITY



                                                       CHAPTER 50:  CITY UTILITIES


Section

General Provisions

50.01     Definitions
50.02     Fixing rates and charges for municipal utilities
50.03     Contractual contents
50.04     Rules and regulations relating to municipal utilities
50.05     Certification required prior to tapping or connection

Removing Extraneous Water from Entering the City=s Sanitary Sewer Collection System

50.20     Definition
50.21     Extraneous waters
50.22     Sewers and connections
50.23     Powers and authority of inspectors



GENERAL PROVISIONS


' 50.01  DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMPANY, GRANTEE and FRANCHISEE.  Any public utility system to which a franchise has been granted by the city.

CONSUMER and CUSTOMER.  Any user of a utility.

MUNICIPAL UTILITY.  Any city‑owned utility system, including, but not by way of limitation, water and sewer.

SERVICE.  Providing a particular utility to a customer or consumer.


UTILITY.  All utility services, whether the same be public city‑owned facilities or furnished by public utility companies.
(1988 Code, ' 3.01)


' 50.02  FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES.

All rates and charges for municipal utilities, including, but not by way of limitation, rates for service, permit fees, deposit, connection and meter testing fees, disconnection fees, reconnection fees including penalties for non‑payment if any, shall be fixed, determined and amended by the Commission and adopted by resolution. The resolution, containing the effective date thereof, shall be kept on file and open to inspection in the office of the City Administrator and shall be uniformly enforced. For the purpose of fixing the rates and charges, the Commission may categorize and classify under the various types of service, provided, that the categorization and classification shall be included in the resolution authorized by this section.
(1988 Code, ' 3.02)


' 50.03  CONTRACTUAL CONTENTS.

Provisions of this subchapter relating to municipal utilities shall constitute portions of the contract between the city and all consumers of municipal utility services, and every such consumer shall be deemed to assent to the same.
(1988 Code, ' 3.03)


' 50.04  RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES.

(A) Meter reading, billing, payment and delinquency.  Residential customers shall read meters and report the reading to the city by the first day of each month. All municipal utilities shall be billed monthly and a utilities statement or statements shall be mailed to each consumer each month. All utilities charges shall be delinquent if they are unpaid at the close of business on the thirtieth day following the bill; provided, that if the thirtieth day shall fall on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A penalty shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency it shall not be restored at that location until a reconnection charge has been paid for each utility reconnected in addition to amounts owed for services and penalties.

(B)  Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until consent has been received from the city to make the same. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of the utilities taken as metered or ascertained in connection with the rates.


(C)  Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found that:

(1)   The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the city code relative thereto, or any connection therewith;

(2)   It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.  The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

(a)   That all bills are due and payable on or before the date set forth on the bill; and

(b)  That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service may be discontinued for nonpayment; and

(c)   That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing.  This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

(d)  Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered.  In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(e)   When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.

(3)   There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor.

(D) Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto shall be and remain in the city and no person shall own any part or portion thereof; provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership.


(E)  Right of entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any city employee acting within the course and scope of his or her employment may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances, in or upon which private property a municipal utility, or connection therewith, is installed, for the purpose of inspecting, repairing, reading meters, connecting or disconnecting the municipal utility service.

(F)  Meter test. Whenever a consumer shall request the city to test any utility meter in use by him, such a request shall be accompanied by a cash deposit for each meter to be tested. If any such meter is found to be inaccurate, the same shall be replaced with an accurate meter and the deposit thereon refunded. If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled and the deposit shall be retained by the city to defray the cost of the test.

(G) Unlawful acts.

(1)   It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility.

(2)   It is unlawful for any person to make any connection with, opening into, use or alter in any way any municipal utility system without first having applied for and received written permission to do so from the city.

(3)   It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for non‑payment of a bill, or for any other reason, without first having obtained a permit to do so from the city.

(4)   It is unlawful for any person to Ajumper@ or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge.

(H) Municipal utility services and charges a lien.

(1)   Payment for all municipal utility (as that term is defined in ' 50.01) service and charges shall be the primary responsibility of the owner of the premises served and shall be billed to him or her, unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the city. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this division (H)(1).


(2)   Each such account is hereby made a lien upon the premises served. All the accounts which are more than thirty days past due may, when authorized by resolution of the Commission, be certified by the City Administrator, to the County Auditor, and the City Administrator in so certifying shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the city along with other taxes.

(I)   Property owner=s responsibility. It is the responsibility of the property owner to connect, reconnect, maintain and repair all lines and facilities between the point of service and the main, whether the same be sewerage service or water service.
(1988 Code, ' 3.04)  (Ord. 89, passed 9‑24‑2003)  Penalty, see ' 10.99


' 50.05  CERTIFICATION REQUIRED PRIOR TO TAPPING OR CONNECTION.

Prior to issuance of a permit to tap or connect a lot or parcel of land with a municipal utility, the City Administrator shall issue a certificate of compliance with one of the divisions of this section.

(A) The certificate shall state that the lot or parcel has been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, and that no installments thereof are delinquent or permit fees unpaid.

(B)  The certificate shall state that the lot or parcel has not been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, but that proceedings have been, or will be, commenced, and that no permit fees are unpaid.

(C)  The certificate shall state that the lot or parcel has not been specially assessed for its share of the cost of construction of the sewer or water main, as the case may be, but that a sum equal to the share has been paid to the city, and that no permit fees are unpaid. Any certificate issued under this division (C) shall provide that in the event of a subsequent assessment thereon for the utility, the amount of the assessment hereunder shall be credited against the subsequent assessment.
(1988 Code, ' 3.05)



REMOVING EXTRANEOUS WATER FROM ENTERING THE CITY=S SANITARY SEWER COLLECTION SYSTEM


' 50.20  DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.


INFLOW.  Water other than wastewater that enters a sewerage system (including sewer service connections) from sources such as roof leaders, cellar drains, yard drains, area drains, foundation drains, sump pumps, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins and cooling drainage. INFLOW does not include, and is distinguished from, infiltration.
(Ord. 56, passed 9‑2‑1997)


' 50.21  EXTRANEOUS WATERS.

(A) No person shall discharge or cause to be discharged unpolluted water (inflow) from any roof, surface, groundwater sump pump, footing tile, swimming pool or other natural precipitation into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system, except as provided in division (D) below. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building or structure, or is connected to the city storm sewer or discharges to the curb and gutter or the street. It shall consist of elements that do not allow altering the path of discharge.

(B)  Before July 1, 1997, any person, firm or corporation having a roof surface, groundwater sump pump, footing tile, swimming pool or other facility or device now connected and/or discharging into the sanitary sewer system shall disconnect and/or remove the same. Any disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner, as approved by the City Administrator or his or her designated agent.

(C)  Any person refusing to allow the person=s property to be inspected for extraneous water connections within 14 days of the date city employees or their designated representatives are denied admittance to the property, shall become subject to the penalties hereafter provided for in ' 10.99. Any person found to violate this provision shall make the necessary changes to comply with this provision relating to the discharge of unpolluted waters (inflow) into the sanitary sewer system and furnish proof of the changes to the city within 90 days. Each sump pump connection identified may be reinspected by the city, or a licensed plumber, to confirm compliance.

(D) The City Administrator, Public Works Director and Utilities Commissioner shall have the authority and duty of hearing and deciding requests for waivers from the application of division (A) above where strict enforcement would cause undue hardship because of circumstances or cause a safety hazard.

(1)   Application for waivers pursuant to this provision shall be addressed in writing to the City Administrator.

(2)   The application shall, at a minimum, identify the property for which the waiver is being sought, the name of the property owner/applicant, and describe in detail what characteristics of the subject property create an undue hardship.


(3)   Within a reasonable time, the City Administrator shall make a decision on the matter and serve a copy of the order upon the applicant by mail. The holder of a waiver shall allow a city employee to certify that prior to April 1 of each subsequent year the holder=s discharge water connection has been removed from the sanitary sewer.

(4)   Failure to provide the certification will place the waiver holder in violation and subject to the penalties provided in division (E) below. Any waiver granted shall be recorded with the Office of the County Recorder.

(5)   The city shall record the waiver, but the property owner shall be responsible for the filing fee. If the property owner brings the system into total compliance, a release of waiver shall be filed by the city upon request of the property owner upon payment of the filing fee.

(E)  Properties identified as having sump pump connections will be reinspected by the city to confirm compliance upon sale of the property.
(Ord. 56, passed 9‑2‑1997)  Penalty, see ' 10.99


' 50.22  SEWERS AND CONNECTIONS.

(A) Infiltration/inflow elimination during construction. During any new construction, renovation or demolition the property connection or connections to the sanitary sewer shall be protected through the use of a cover plug in order to eliminate the potential for inflow to enter the sanitary sewer system. Any such water collected shall not be allowed to enter the sanitary sewer system at any time.

(B)  Sump pump requirements for new construction. All new buildings with groundwater sump systems are required, prior to final inspection by city personnel, to have the sump pump installed.
(Ord. 56, passed 9‑2‑1997)


' 50.23  POWERS AND AUTHORITY OF INSPECTORS.

Authorized city personnel, or their designated representatives, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this subchapter. Persons or occupants of premises where wastewater is created or discharged shall allow authorized city personnel ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or the performance of any of their duties. The city, MPCA and EPA shall have the right to set upon the user=s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
(Ord. 56, passed 9‑2‑1997)



                                                    CHAPTER 51:  WATER SERVICES


Section

51.01     Deficiency of water and shutting off water
51.02     Repair of leaks
51.03     Abandoned services penalties
51.04     Service pipes
51.05     Private water supplies
51.06     Prohibited uses or restricted hours
51.07     Private fire hose connections
51.08     Opening hydrants
51.09     Unmetered service
51.10     Water meters
51.11     Code requirement



' 51.01  DEFICIENCY OF WATER AND SHUTTING OFF WATER.

The city is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to insure a supply for fire fighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary.
(1988 Code, ' 3.20‑1)


' 51.02  REPAIR OF LEAKS.

(A) It is the responsibility of the consumer or owner to maintain the service pipe from the main into the house or other building.

(B)  In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired.


(C)  When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately.
(1988 Code, ' 3.20‑2)  Penalty, see ' 10.99


' 51.03  ABANDONED SERVICES PENALTIES.

All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner of the premises, served by this service, shall pay the cost of the excavation. The city shall perform the actual disconnection and all pipe and appurtenances removed from the street right‑of‑way shall become the property of the city. When new buildings are erected on the site of old ones, and it is desired to increase the old water service, a new permit shall be taken out and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing the pipe from the main. Also, the improper disposition thereof shall be corrected by the city and the cost incurred shall be borne by the person causing or allowing the work to be performed.
(1988 Code, ' 3.20‑3)  Penalty, see ' 10.99


' 51.04  SERVICE PIPES.

Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe should be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the main and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared or compression‑fitted, and kept to a minimum. Not more than one joint shall be used for a service up to seventy feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be three‑quarter inch in diameter.
(1988 Code, ' 3.20‑4)  Penalty, see ' 10.99


' 51.05  PRIVATE WATER SUPPLIES.

No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply and when such are found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done, the city water shall be turned off. Before any new connections to the city system are permitted, the city shall ascertain that no cross‑connections will exist when the new connection is made. When a building is connected to city water the private water supply may be used only for those purposes as the city may allow.
(1988 Code, ' 3.20‑5)  Penalty, see ' 10.99


' 51.06  PROHIBITED USES OR RESTRICTED HOURS.

Whenever the city shall determine that a shortage of water threatens the city, it may entirely prohibit water use or limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of the determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof.
(1988 Code, ' 3.20‑6)  Penalty, see ' 10.99


' 51.07  PRIVATE FIRE HOSE CONNECTIONS.

Owners of structures with self‑contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the Commission may adopt by resolution as herein provided.
(1988 Code, ' 3.20‑7)


' 51.08  OPENING HYDRANTS.

It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the city, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use.
(1988 Code, ' 3.20‑8)  Penalty, see ' 10.99


' 51.09  UNMETERED SERVICE.

Unmetered service may be provided for construction, flooding skating rinks and any other purpose. The service shall be at a duly adopted rate. Where it is difficult or impossible to accurately measure the amount of water taken, unmetered service may be provided and the unmetered rate applied; provided, however, that by acceptance thereof the consumer agrees to have the city estimate the water used. In so estimating, the city shall consider the use to which the water is put and the length of time of unmetered service.
(1988 Code, ' 3.20‑9)



' 51.10  WATER METERS.

All water meters shall be purchased by the property owner and maintained by the city. All repairs of water meters not resulting from normal usage shall be the responsibility of the property owner. All water meters shall be installed and controlled by the city and the cost of installation shall be the responsibility of the property owner. All new and replaced meters shall be equipped with remote type readers so that reading is accomplished without the need to enter a building.
(1988 Code, ' 3.20‑10)  Penalty, see ' 10.99


' 51.11  CODE REQUIREMENT.

All piping, connections and appurtenances shall be installed and performed strictly in accordance with the State Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections, shall, upon discovery by the city, be an additional ground for termination of water service to any consumer.
(1988 Code, ' 3.20‑11)  Penalty, see ' 10.99



                                                  CHAPTER 52:  SEWERAGE SERVICE


Section

52.01     Definitions
52.02     Use of public sewers required
52.03     Private wastewater disposal
52.04     Sanitary sewers, building sewers and connections
52.05     Use of the public sewers
52.06     Powers and authority of inspectors
52.07     Violations
52.08     Sewer service charges



' 52.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A.S.T.M.  The American Society of Testing Materials.

BIOCHEMICAL OXYGEN DEMAND (BOD).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°C, expressed in milligrams per liter.

BUILDING DRAIN.  The part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING SEWER.  The extension from the building drain to the public sewer or other place of disposal, also called house connection. It shall include septic tank and sewer lead.

COMBINED SEWER.  A sewer intended to receive both wastewater and storm or surface water.

CONSTRUCTION COST.  The total cost incurred in the construction of sewerage works, consisting of, but not limited to, the sums spent for the following purposes:

(1)   Actual sums paid for construction of wastewater treatment facilities and for land acquisition;

(2)   Actual engineering fees paid for preliminary engineering studies, plans and specifications, services during construction, construction staking, operation and maintenance manuals and initial operator training;

(3)   Actual sums paid for soils investigations, wastewater sampling and materials testing required for the construction;

(4)   Actual fees and wages paid for legal, administrative and fiscal services required by construction of wastewater treatment facilities; and

(5)   Actual interest paid on the total amount financed by debt obligation for construction of wastewater treatment facilities.

DEBT SERVICE CHARGE.  The total charge levied on users for purposes of paying construction costs (principal and associated interest) of obligations incurred to finance acquisition and/or construction of sewerage works.

EASEMENT.  An acquired legal right for the specific use of land owned by others.

FLOATABLE OIL.  Oil, fat or grease in such a physical state that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of FLOATABLE OIL if it is properly pretreated and the wastewater does not interfere with the operation of the collection system.

GARBAGE.  The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.

INDUSTRIAL WASTES.  The solid, liquid or gaseous wastes resulting from the process employed in industrial or manufacturing processes, or from the development of any natural resource.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT.  A permit issued by the U.S. Environmental Protection Agency (EPA), setting limits on pollutants that a permittee may legally discharge into navigable waters of the United States pursuant to the Federal Water Pollution Control Act, '' 402 and 405, being 33 U.S.C. '' 1342 and 1345.

NATURAL OUTLET.  Any outlet, including storm sewers and combined sewer over flows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.

NORMAL DOMESTIC STRENGTH WASTES.  Wastewater derived from non‑industrial sources which contain not more than 200 mg/l biochemical oxygen demand and 250 mg/l suspended solids.


NORMAL STRENGTH DOMESTIC WASTEWATER.  Normal strength wastewater for the city in which the average concentration of suspended materials and five‑day BOD is established at not greater than 250 parts per million by weight suspended materials and 200 parts per million by weight BOD. The COD of normal domestic wastewater shall not exceed 350 parts per million. The wastewater does not include infiltration and/or inflow, and it is composed of domestic wastewater.

OPERATION AND MAINTENANCE COST.  Annual expenditures made by the city in the operation and maintenance of its sewerage works, consisting of, but not limited to, the sums spent for each of the following purposes:

(1)   Wages and salaries of all operating, maintenance, administrative and supervisory personnel, together with all premiums paid on the wages and salaries (state worker=s compensation coverage, for example);

(2)   Actual sums paid for electricity for light and power used for wastewater collection and treatment facilities;

(3)   Actual sums paid for chemicals, fuel and other operating supplies;

(4)   Actual sums paid for repairs to and maintenance of wastewater collection and treatment facilities and equipment associated therewith;

(5)   Actual sums paid as premiums for hazard insurance carried on sewerage works;

(6)   Actual sums paid as premiums for insurance providing coverage against liability imposed by law for the injury to persons and/or property (including death) of any person or persons resulting from the use and maintenance of the sewerage works;

(7)   Actual sums paid for replacement of equipment within the useful life of the wastewater treatment facilities, for example the cost to replace an electric motor or pump that fails, or a broken part in a pump; and

(8)   Actual sums set aside in a sinking fund established to provide a future capital amount for replacement of sewerage works equipment.

pH.  The logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen‑ion concentration of 10‑7.

PROPERLY SHREDDED GARBAGE.  The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree, that all particles will be carried freely under the flow conditions normally prevailing in public sewers.

PUBLIC SEWER.  A common sewer controlled by a governmental agency or public utility.


REPLACEMENT.  The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which the facilities were designed and constructed. As noted in the definition above, the term OPERATION AND MAINTENANCE includes REPLACEMENT.

SANITARY SEWER.  A sewer that carries liquid and water‑carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.

SEPTIC TANK.  A structure designed to settle out heavier solids from the wastewater before entering the sewer.

SEWAGE.  The spent water of a community. The preferred term is WASTEWATER.

SEWER.  A pipe or conduit that carries wastewater or drainage water.

SEWER SERVICE CHARGE. The total charge levied on users for sewer service. SEWER SERVICE CHARGE is the sum of Auser charge@ and Adebt service charge@.

SIGNIFICANT INDUSTRIAL USER.  Any industrial user which has a discharge flow:

(1)   In excess of 25,000 gallons per average work day;

(2)   Has exceeded 5% of the total flow received at the treatment facility;

(3)   Whose waste contains a toxic pollutant in toxic amounts pursuant to ' 307(a) of the Act, being 33 U.S.C. ' 1317(a); or

(4)   Whose discharge has a significant effect, either singly or in combination with other industrial wastes, on the wastewater treatment system, the quality of sludge, the system=s effluent quality or emissions generated by the treatment system.

SLUG.  Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24‑hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

STATE DISPOSAL SYSTEM (SDS) PERMIT.  Any permit including any terms, conditions and requirements thereof issued by the Minnesota Pollution Control Agency (MPCA) pursuant to M.S. ' 115.07, as it may be amended from time to time, for a disposal system as defined by M.S. ' 115.01, Subd. 8, as it may be amended from time to time.

STORM DRAIN.  Sometimes termed STORM SEWER, a drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.


SUPERINTENDENT.  The Superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the city.

SUSPENDED SOLIDS.  Total suspended matter that either floats on the surface of, or is in suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater, and referred to as nonfilterable residue.

UNPOLLUTED WATER.  Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.

USER CHARGE.  A charge levied on users to recover the cost of operation, maintenance and replacement of sewerage works, pursuant to ' 204(b) of the Federal Water Pollution Control Act, as amended (33 U.S.C. '' 1251 et seq).

USER CLASS.  The division of users by wastewater characteristics or similarities, as follows:

(1)   COMMERCIAL USER.  Any establishment listed in the 1972 Office of Management and Budget AStandard Industrial Classification Manual (SICM)@ as amended, involved in a commercial enterprise, business or service which discharges primarily segregated domestic wastewater or wastewater from sanitary conveniences as determined by the city;

(2)   GOVERNMENTAL USER.  Any federal, state or local government user of the wastewater treatment facilities;

(3)   INDUSTRIAL USER.  Any non‑governmental user of the wastewater treatment facilities listed in the SICM and supplemented under the following divisions:

(a)   Division A ‑ Agriculture, Forestry and Fishing;

(b)  Division B ‑ Mining;

(c)   Division D ‑ Manufacturing;

(d)  Division E ‑ Transportation. Communication, Electric, Gas and Sanitary Services; and

(e)   Division I ‑ Services;

(4)   INSTITUTIONAL USER.  Any establishment listed in the SICM involved in a social, charitable, religious or educational function which discharge primarily domestic strength wastes as determined by the city;


(5)   RESIDENTIAL USER.  A user whose building or premises is used primarily as a residence for one or more persons, including dwelling units such as detached, semi‑detached and row houses, and individual mobile homes. (Multiple unit dwellings such as apartments, mobile home parks with a single common connection to the sanitary sewer system, and transit lodging are considered commercial users.)

WASTEWATER.  The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water‑carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water and stormwater that may be present.

WASTEWATER FACILITIES.  The structures, equipment and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS.  An arrangement of devices and structures for treating and disposing of wastewater, industrial wastes and sludge. The term is sometimes used synonymously with WASTE TREATMENT PLANT or WASTEWATER TREATMENT PLANT or WATER POLLUTION CONTROL PLANT.

WATERCOURSE.  A natural or artificial channel for the passage of water either continuously or intermittently.

W.P.C.F.  The Water Pollution Control Federation.
(1988 Code, ' 3.30‑1)


' 52.02  USE OF PUBLIC SEWERS REQUIRED.

(A) It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property, any human or animal excrement, garbage or other objectionable waste.

(B)  It is unlawful to discharge to any natural outlet, any sewage or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this section.

(C)  Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, cesspool or other facility intended or used for the disposal of wastewater.

(D) The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, abutting on any street, alley or right‑of‑way in which there is now located or may in the future be located a public sanitary or combined sewer of the city, is hereby required at the owner=s expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer within 60 days after date of official notice to do so, provided that the public sewer is within 200 feet of the property line.


(E)  In the event an owner shall fail to connect to a public sewer in compliance with a notice given, the city may undertake to have the connection made and shall assess the cost thereof against the benefitted property. The assessment shall be a lien against the property and, when levied, shall bear interest at a rate determined by the Commission and certified to the County Auditor, to be collected and remitted to the city in the same manner as assessments for local improvements.
(1988 Code, ' 3.30‑2)  Penalty, see ' 10.99


' 52.03  PRIVATE WASTEWATER DISPOSAL.

(A) Where a public sanitary sewer is not available, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section.

(B)  Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a building permit. The application for the permit shall be supplemented by any plans, specifications and other information as are deemed necessary.

(C)  At such time as a public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer within 60 days.

(D) The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. All sludge or solids to be disposed of from a septic tank, cesspool or other individual method of disposal shall be disposed of by a licensed septic tank pumper in accordance with regulations of the State Pollution Control Agency.
(1988 Code, ' 3.30‑3)
Cross‑reference:
Individual sewage treatment standards, see Chapter 53


' 52.04  SANITARY SEWERS, BUILDING SEWERS AND CONNECTIONS.

(A) There shall be two classes of building sewer permits:

(1)   For residential and commercial service; and

(2)   For service to establishments producing industrial wastes.

(B)  A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the city shall not assume any liability, obligation or responsibility for damage caused by or resulting from any such single connection.


(C)  Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this section.

(D) The size, slope, alignment and materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city, in the absence of which the provisions set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(E)  Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.

(F)  It is unlawful for any person to make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or groundwater to a building sewer, or building drain which in turn is connected directly or indirectly to a public sanitary sewer, unless the connection is approved by the Superintendent and the State Pollution Control Agency.

(G) All the connections shall be made gas‑tight and water‑tight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

(H) The applicant for a building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent.

(I)   All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

(J)   Any new connection(s) to the sanitary sewer system shall be prohibited unless sufficient capacity is available in all downstream facilities including, but not limited to, the capacity for flow, BOD5 and suspended solids as determined by the Superintendent.
(1988 Code, ' 3.30‑4)  Penalty, see ' 10.99


' 52.05  USE OF THE PUBLIC SEWERS.

(A) It is unlawful for any person to discharge or cause to be discharged any of the following described water or wastes to any public sewers:

(1)   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;


(2)   Any waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters or lands receiving any discharges from the treatment works;

(3)   Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater works;

(4)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, including, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers and the like, either whole or ground by garbage grinders; or

(5)   Any fish cleaning wastes, including the scales, skin and entrails of fish.

(B)  The following described substances, materials, waters or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the soil, vegetation and groundwater or receiving stream or will not otherwise endanger life, limb, public or private property, or constitute a nuisance.

(1)   The Superintendent may set limitations more restrictive than the limitations established in the regulations below if in his or her opinion the additional limitations are necessary to meet the above objections.

(2)   In making his or her determination acceptability, the Superintendent shall give consideration to such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant, the city=s NPDES and state disposal system permits, and other pertinent factors.

(3)   The limitations on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be exceeded without approval of the Superintendent are as follows:

(a)   Wastewater having a temperature higher than 150°F (65°C);

(b)  Wastewater containing more than 25 milligrams per liter of petroleum oil, nonbiodegradable cutting oils, or product of mineral oil origin;

(c)   Wastewater containing floatable oils, fats or grease, whether emulsified or not, in excess of 100 mg/l;


(d)  Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;

(e)   Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the Superintendent for the materials;

(f)   Any waters or wastes containing odor‑producing substances exceeding limits which may be established by the Superintendent;

(g)   Any radioactive wastes or isotopes of the half‑life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations;

(h)  Quantities of flow, concentrations, or both, which constitute a Aslug@, as defined in this section;

(i)   Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed, or are amenable to treatment only to such a degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters or lands; and

(j)   Any water or wastes which, by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment processes.

(C)  (1)   If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers which contain the substances or possess the characteristics enumerated above, and which in the judgment of the Superintendent may have a deleterious effect upon the wastewater facilities, processes, equipment and/or soil, vegetation, groundwater and receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(a)   Reject the wastes;

(b)  Require pretreatment to an acceptable condition for discharge to the wastewater facilities pursuant to ' 307(B) of the Clean Water Act, being 33 U.S.C. ' 1317(B);

(c)   Require control over the quantities and rates of discharge; and/or

(d)  Require payment to cover the added costs of handling and treating the wastes not covered by sewer charges.


(2)   If the Superintendent permits the pretreatment or equalization of waste flows, the design, and installation and maintenance of the facilities and equipment shall be made at the owner=s expense, and shall be subject to the review and approval of the Superintendent and the State Pollution Control Agency.

(D) It is unlawful for any user to increase the use of a process water, or in any manner, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limits herein, or contained in the National Categorical Pretreatment Standards, or any state requirement.

(E)  Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, the facilities are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the State Plumbing Code and shall be so located as to be readily and easily accessible for cleaning and inspection. In the maintenance of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means of all collected materials and shall maintain records of the dates and means of disposal which shall be subject to review by the Superintendent. Any removal of the collected materials not performed by owner personnel must be performed by currently licensed waste disposal firms.

(F)  When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with the meters and other appurtenances in the building as may be necessary to facilitate observation, sampling, and measurement of the wastes. The structures shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent, and shall be installed and maintained by the owner at his or her expense.

(G) The Superintendent may require a user of sewer services to provide information needed to determine compliance with this section. These requirements may include:

(1)   Wastewaters discharge peak rate and volume over a specified time period;

(2)   Chemical analyses of wastewaters;

(3)   Information on raw materials, processes and products affecting wastewater volume and quality;

(4)   Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;

(5)   A plat plan of sewers of the user=s property showing sewer and pretreatment facility location;


(6)   Details of wastewater pretreatment facilities;

(7)   Details of systems to prevent and control the losses of materials thorough spills to the municipal sewer;

(8)   The number, type and frequency of analyses to be performed; and

(9)   At such times as deemed necessary, the city reserves the right to take measurements and sample for analysis by an independent laboratory.

(H) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis by the Superintendent.

(I)   No statement contained in this section shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern, providing that National Categorical Pretreatment Standards and the city=s NPDES/SDS permit limitations are not violated.
(1988 Code, ' 3.30‑5)  Penalty, see ' 10.99


' 52.06  POWERS AND AUTHORITY OF INSPECTORS.

(A) The Superintendent is authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might work an advantage to competitors.

(B)  While performing the necessary work on private properties, the Superintendent or his or her agents and employees shall observe all safety rules, if any, applicable to the premises established by the owner, and the owner shall be held harmless for injury to the employees, and the city shall indemnify the owner against loss or damage to property caused by city employees, except for injury or damages caused by the negligence or failure of the owner to maintain safe conditions.
(1988 Code, ' 3.30‑6)


' 52.07  VIOLATIONS.

(A) Any person violating any provision of this section shall be provided by the city with written notice setting forth the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the time so limited, permanently cease all violations.


(B)  Any person violating any of the provisions of this section shall be liable to the city for any expenses, loss or damage resulting from or occasioned by the violation.
(1988 Code, ' 3.30‑7)  Penalty, see ' 10.99


' 52.08  SEWER SERVICE CHARGES.

(A) As an equitable share of the expenses incurred by the city in the construction, administration, operation, maintenance and replacement of the sewerage works, each user will pay to the city a quarterly amount based upon the following formula:

A = F(UC+DC)

Where:   A = Service charge to user, with units of wastewater.

F = Volume of wastewater from user expressed in units of 1,000 gallons per quarter (often assumed equal to actual water usage).

UC = User charge.

DC = Debt service charge.

(B)  Average city unit costs shall be computed annually, and shall include operation and maintenance costs (including replacement costs) and annual construction costs. Any industrial or other user which discharges pollutants which cause an increase in the cost of treatment and management of the effluent from the treatment plant shall be responsible for the payment of the increased costs. Each user of the city sewer system that does not have a metered source of water must install an accurate water or wastewater flow metering device (at user=s expense) that will serve as a basis for estimating the volume of wastewater discharged, and determining the sewer service charge. All users of city water that is not discharged to the city sanitary sewer system may install a separate water system and meter (one only in the same building as the main meter) to isolate and meter non‑sewered water for w

TITLE VII: TRAFFIC CODE

Chapter

   70.      TRAFFIC REGULATIONS

   71.      PARKING REGULATIONS



                                              CHAPTER 70:  TRAFFIC REGULATIONS


Section

70.01     Highway Traffic Regulation Act adopted by reference
70.02     Truck route
70.03     U‑turns
70.04     Exhibition driving
70.05     Recreational motor vehicles (including snowmobiles)
70.06     Special vehicle use by disabled
Cross‑reference:
Definitions, scope and application relating to this chapter, see '' 90.01 through 90.03



' 70.01  HIGHWAY TRAFFIC REGULATION ACT ADOPTED BY REFERENCE.

Except as otherwise provided in this chapter, or in Chapters 71 and 90, or in M.S. Chapter 169, (commonly referred to as the Highway Traffic Regulation Act), as amended through Laws 1991, is hereby incorporated herein and adopted by reference, including the penalty provisions thereof.
(1988 Code, ' 8.01)  (Ord. 18, passed 10‑15‑1991)


' 70.02  TRUCK ROUTE.

It is unlawful for any person to drive a tractor, agricultural implement, truck over 9,000 pounds gross vehicle weight, truck‑trailer, tractor‑trailer or truck tractor in through traffic, upon any street except those which have been designated and sign‑posted as truck routes. For the purpose of this section, THROUGH TRAFFIC means originating without the city and with a destination without the city, as distinguished from LOCAL TRAFFIC, which means traffic either originating or having a destination within the city.
(1988 Code, ' 8.02)  Penalty, see ' 10.99


' 70.03  U‑TURNS.


It is unlawful for any person to operate a motor vehicle by turning so as to proceed in the opposite direction upon any street except at a street intersection, and then only if the street intersection is not sign‑posted prohibiting a U‑turn or otherwise controlled by a traffic signal; provided, that any person making a permitted U‑turn shall yield the right‑of‑way to all other vehicles.
(1988 Code, ' 8.03)  Penalty, see ' 10.99


' 70.04  EXHIBITION DRIVING.

(A) Prima facie evidence. It is prima facie evidence of exhibition driving when a motor vehicle stops, starts, accelerates, decelerates or turns at an unnecessary rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown, engine backfire, fishtailing or skidding, or, as to two‑wheeled or three‑wheeled motor vehicles, the front wheel to lose contact with the ground or roadway surface.

(B)  Unlawful act. It is unlawful for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for the operation to prevent injury to persons or damage to property; provided, that this section shall not apply to driving on a racetrack. For purposes of this section, a RACETRACK means any track or premises whereon motorized vehicles, horses, dogs or other animals or fowl legally compete in a race or timed contest for an audience, the members of which have directly or indirectly paid a consideration for admission.
(1988 Code, ' 8.04)  Penalty, see ' 10.99


' 70.05  RECREATIONAL MOTOR VEHICLES (INCLUDING SNOWMOBILES).

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALL‑TERRAIN VEHICLE or ATV.  Trail bikes, amphibious vehicles and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not Aspecial mobile equipment@ as defined in M.S. ' 168.022, Subd. 31, which is hereby incorporated herein by reference.

MOTORIZED BICYCLE.  A bicycle with fully operable pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than 50 cubic centimeters piston displacement, and a maximum of two break horsepower, which is capable of a maximum speed of not more than 30 mph on a flat surface with not more than 1% grade in any direction when the motor is engaged.

OPERATE.  To ride in or on and have control of a recreational motor vehicle.

OPERATOR.  The person who operates or is in actual physical control of a recreational motor vehicle.

OWNER.  A person, other than a lien holder, having a property interest in, or title to, a recreational motor vehicle, who is entitled to the use or possession thereof.


RECREATIONAL MOTOR VEHICLE.  Any self‑propelled vehicle and any vehicle propelled or drawn by a self‑propelled vehicle used for recreational purposes, including, but not limited to, a motorized bicycle, all‑terrain vehicle, snowmobile, hovercraft or motor vehicle licensed for highway operation which is being used for off‑road recreational purposes.

SNOWMOBILE.  A self‑propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners.

(B)  Recreational motor vehicle operating restrictions. It is unlawful for any person to operate a recreational motor vehicle as follows:

(1)   On a public sidewalk or walkway provided or used for pedestrian travel;

(2)   On private property of another without lawful authority or permission of the owner or occupant;

(3)   On any lands owned or occupied by a public body or on frozen waters, including, but not limited to, school grounds, park property, playgrounds, recreational areas, private roads, platted but unimproved roads, utility easements, public trails and golf courses; provided, however, that the Commission may, by resolution, specifically permit use on city property, in which event the shortest route to and from areas so permitted shall be used;

(4)   While the operator is under the influence of liquor or narcotics, or habit‑forming drugs;

(5)   At a rate of speed in excess of 15 mph;

(6)   In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto;

(7)   Towing any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of an automobile;

(8)   At a speed greater than ten mph when within 100 feet of any lakeshore, except in channels, or of a fisherman, ice house, skating rink or sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property;

(9)   In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons; or

      (10)  Chasing, running over or killing any animal, wild or domestic.


(C)  Owner responsibility.

(1)   It is unlawful for the owner of any recreational motor vehicle to permit its operation on private property without permission of the owner or occupant, on city property without the permission of the Commission, or on other public property without permission of the body in charge thereof. For purposes of this section, the owner shall be conclusively presumed to have given permission, unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency.

(2)   Every person leaving a recreational motor vehicle in a public place shall lock the ignition, remove the key and take the same with him or her.

(D) Additional snowmobile operating regulations.

(1)   It is unlawful for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway. Operation in the ditch or on the outside bank within the right‑of‑way of any street or highway, except interstate highways or freeways is permitted in conformance with state law and the city code, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one‑half hour after sunset to one‑half hour before sunrise, any operation may only be on the right‑hand side of the street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto.

(2)   A snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided:

(a)   The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing;

(b)  The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

(c)   The driver yields the right‑of‑way to all oncoming traffic which constitutes an immediate hazard;

(d)  In crossing a divided street or highway, the crossing is made only at an intersection of the street or highway with another public street or highway; and

(e)   If the crossing is made between the hours of one‑half hour after sunset to one‑half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.

(3)   No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right‑of‑way to any vehicles or pedestrians which constitute an immediate hazard.


(4)   Notwithstanding any prohibition in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical.

(5)   No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this section and make a direct crossing thereof only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by M.S. ' 84.86, as it may be amended from time to time. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this division (D)(5).

(E)  Snowmobile equipment. It is unlawful for any person to operate a snowmobile unless it is equipped with the following:

(1)   Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cut‑out, by‑pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound.

(2)   Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of the operation.

(3)   A safety or so‑called Adeadman@ throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track.

(4)   At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one‑half hour after sunset to one‑half hour before sunrise or at times of reduced visibility.

(5)   Reflective material at least 16 inches on each side, forward of the handlebars, so as to reflect or beam light at a 90‑degree angle.
(1988 Code, ' 8.10)  Penalty, see ' 10.99



' 70.06  SPECIAL VEHICLE USE BY DISABLED.

(A) Operation authorized. Operation of motorized golf carts or four‑wheel all‑terrain vehicles are hereby authorized on the roadways of all streets, except such as are prohibited by resolution of the Commission, and only in strict compliance with this section. For the purpose of this section, a FOUR‑WHEEL ALL‑TERRAIN VEHICLE is a motorized floatation‑tired vehicle with four low‑pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds.

(B)  Permits. Permits shall be issued only to disabled persons as defined by statute. Application for a permit to operate a motorized golf cart or a four‑wheel all‑terrain vehicle on the roadways of streets shall include the name and address of the applicant and other information as may from time to time be required by the Commission. Applications for initial or renewal permits shall be accompanied by a certificate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart or a four‑wheel all‑terrain vehicle on the roadway of streets. All permits shall expire on December 31, unless renewed. The fee for a permit shall be fixed by resolution of the Commission.

(C)  Unlawful acts. It is unlawful for any person to operate a motorized golf cart or a four‑wheel all‑terrain vehicle on the roadway of a street, unless:

(1)   The operator has in possession a valid, current and unrevoked permit from the city;

(2)   The operation is on a roadway which has not been designated as prohibited for the operation, except crossing at an intersection;

(3)   The operation is during daylight hours between sunrise and sunset;

(4)   The operation is not during inclement weather, or when visibility is impaired by weather, smoke, fog or other conditions, or when there is insufficient light to clearly see persons or vehicles thereon at a distance of 500 feet;

(5)   The motorized golf cart or four‑wheel all‑terrain vehicle displays a slow moving vehicle emblem, as described by statute, on the rear thereof;

(6)   The motorized golf cart or four‑wheel all‑terrain vehicle is equipped with rear view mirrors as required by statute for other vehicles;

(7)   The operator has insurance coverage as provided by statute (presently M.S. ' 65B.48, Subd. 5, as it may be amended from time to time) for motorcycles; and

(8)   The operator observes all traffic laws, except such as cannot reasonably be applied to motorized golf carts or four‑wheel all‑terrain vehicles.
(1988 Code, ' 8.11)  Penalty, see ' 10.99


                                              CHAPTER 71:  PARKING REGULATIONS


Section

71.01     Presumption
71.02     General parking prohibitions
71.03     Recreational camping vehicle parking
71.04     Unauthorized removal
71.05     Direction to proceed
71.06     Parallel parking
71.07     Streets without curb
71.08     Parking hours
71.09     Snow removal
71.10     Impounding and removing vehicles
71.11     Loading zones
71.12     Unattended vehicle
71.13     Vehicle repair on street
71.14     Parking for the purpose of advertising or selling merchandise
71.15     Physically disabled parking
71.16     Parking on private property without consent



' 71.01  PRESUMPTION.

As to any vehicle parking in violation of Chapters 70, 71 or 90, when the driver thereof is not present, it shall be presumed that the owner or lessee of the vehicle parked the same, or that the driver was acting as the agent of the owner or lessee.
(1988 Code, ' 9.01)


' 71.02  GENERAL PARKING PROHIBITIONS.

(A) It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places:

(1)   On a sidewalk;


(2)   In front of a public or private driveway;

(3)   Within an intersection;

(4)   Within ten feet of a fire hydrant;

(5)   On a crosswalk;

(6)   Within 20 feet of a crosswalk at any intersection;

(7)   In a signposted fire lane;

(8)   Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;

(9)   Within 50 feet of the nearest rail of a railroad crossing;

     (10)   Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance when properly sign‑posted;

     (11)   Alongside or opposite any street excavation or obstruction when the stopping, standing or parking would obstruct traffic;

     (12)   On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

     (13)   Upon any bridge or other elevated structure upon a street;

     (14)   At any place where official signs prohibit or restrict stopping, parking or both;

     (15)   In any alley, except for loading or unloading and then only so long as reasonably necessary for the loading and unloading to or from adjacent premises; or

     (16)   On any boulevard which has been curbed.

(B)  (1)   Title. This division (B) shall be known and may be cited as: AThe Glenwood Parking Ordinance@.


(2)   Purpose. Except for the purpose of loading or unloading, no person shall park any of the following described vehicles upon any street, alley, private road, parking lot, driveway or upon any public or private property with the exception of storage areas fully enclosed, which is within an area zoned as residential or conservation, or a street abutting the zone: semi‑trailer, truck, tractor or a combination thereof, or any vehicle licensed with a commercial licenses and of more than 9,000 pounds gross vehicle weight, or any vehicle designed, used or maintained for towing other motor vehicles, or any trailer which is being used for the transportation of livestock, and which has not been cleaned.
(1988 Code, ' 9.02)  (Ord. 63, passed 8‑10‑1999)  Penalty, see ' 10.99


' 71.03  RECREATIONAL CAMPING VEHICLE PARKING.

(A) Definition. The term RECREATIONAL CAMPING VEHICLE means any of the following:

(1)   CAMPING TRAILER.  A folding structure, mounted on wheels and designed for travel, recreation and vacation uses.

(2)   MOTOR HOME.  A portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self‑propelled vehicle.

(3)   PICK‑UP COACH.  A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

(4)   TRAVEL TRAILER.  A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified ATravel Trailer@ by the manufacturer of the trailer.

(B)  Unlawful act. It is unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right‑of‑way for a continuous period in excess of 48 hours, except where signs are erected designating the place as a campsite or in a mobile home park; provided, however, that during the 48‑hour period, the vehicle shall not be occupied as living quarters.
(1988 Code, ' 9.03)  Penalty, see ' 10.99


' 71.04  UNAUTHORIZED REMOVAL.

It is unlawful for any person to move a vehicle not owned, leased or under the control of the person into any prohibited area or away from a curb the distance as is unlawful.
(1988 Code, ' 9.04)  Penalty, see ' 10.99


' 71.05  DIRECTION TO PROCEED.

It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic.
(1988 Code, ' 9.05)  Penalty, see ' 10.99



' 71.06  PARALLEL PARKING.

Except where angle parking is specifically allowed and indicated by curb or street marking or sign‑posting, or all or any of them, each vehicle stopped or parked upon a two‑way road where there is an adjacent curb shall be stopped or parked with the right‑hand wheels of the vehicle parallel with, and within 12 inches of, the right‑hand curb, and, where painted markings appear on the curb or the street, the vehicle shall be within the markings, front and rear; provided that upon a one‑way roadway all vehicles shall be so parked, except that the left‑hand wheels of the vehicle may be parallel with and within 12 inches from the left‑hand curb, but the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon the one‑way street; and it is unlawful to park in violation of this section.
(1988 Code, ' 9.06)


' 71.07  STREETS WITHOUT CURB.

Upon streets not having a curb each vehicle shall be stopped or parked parallel and to the right of the paving, improved or main traveled part of the street; and it is unlawful to park in violation of this section.
(1988 Code, ' 9.07)  Penalty, see ' 10.99


' 71.08  PARKING HOURS.

Parking on streets shall be limited as follows.

(A) It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of 24 hours.

(B)  The Chief of Police may, when authorized by resolution of the Commission, designate certain streets, blocks or portions of streets or blocks as prohibited parking zones, or five‑minute, ten‑minute, 15‑minute, 30‑minute, one‑hour, two‑hour, four‑hour, six‑hour, eight‑hour, morning or afternoon rush hour limited parking zones and shall mark by appropriate signs any zones so established.

(1)   The zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic.

(2)   It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited parking zone, for a period of time in excess of the sign‑posted limitation, or during sign‑posted hours of prohibited parking.
(1988 Code, ' 9.08)  Penalty, see ' 10.99



' 71.09  SNOW REMOVAL.

(A) Definition. A SNOW REMOVAL PERIOD, as used in this section, and between the dates of November 1 through April 1 of the year next following, begins when there has been an accumulation of four inches of snow and ends when all streets referred to have been plowed curb‑to‑curb.

(B)  Parking prohibitions. During a snow removal period, it is unlawful to park or leave standing a vehicle:

(1)   On any street zoned for commercial uses between the hours of 2:00 a.m. and 6:00 a.m.; or

(2)   On any street other than one included in division (B)(1) above, between the hours of 8:00 a.m. and 6:00 p.m.
(1988 Code, ' 9.09)  Penalty, see ' 10.99


' 71.10  IMPOUNDING AND REMOVING VEHICLES.

(A) When any police officer finds a vehicle standing upon a street or city‑owned parking lot in violation of any parking regulation, the officer is hereby authorized to require the driver or other person in charge of the vehicle to remove the same to a position in compliance with this chapter.

(B)  When any police officer finds a vehicle unattended upon any street or city‑owned parking lot in violation of any parking regulation, the officer is hereby authorized to impound the unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against the vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith the same shall be paid prior to removal from the place of storage or safekeeping.
(1988 Code, ' 9.20)


' 71.11  LOADING ZONES.

(A) The Commission may, by resolution, establish loading zones to be used for the specific purpose of loading or unloading merchandise from a commercial vehicle or vehicle temporarily being utilized in the transport of merchandise.

(B)  The loading zones shall be installed by order of the City Administrator where in the judgment of the Commission a commercial loading zone is justified, and duly sign‑posted.
(1988 Code, ' 9.21)



' 71.12  UNATTENDED VEHICLE.

(A) It is unlawful for any person to leave a motor vehicle unattended while the engine is running.

(B)  It is unlawful for any person to leave a motor vehicle unattended with the key in the ignition.
(1988 Code, ' 9.22)  Penalty, see ' 10.99


' 71.13  VEHICLE REPAIR ON STREET.

It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service the vehicle with gasoline or oil or to provide emergency repairs thereon, but in no event for more than 24 hours.
(1988 Code, ' 9.23)  Penalty, see ' 10.99


' 71.14  PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE.

It is unlawful for any person to park a vehicle on any street for the purpose of advertising the vehicle for sale, for the purpose of advertising for sale or selling merchandise thereon or therein, or advertising any merchandise for sale or a forthcoming event.
(1988 Code, ' 9.24)  Penalty, see ' 10.99


' 71.15  PHYSICALLY DISABLED PARKING.

(A) Statutory parking privileges for physically disabled shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of the statutory privileges.

(B)  It is unlawful for any person, whether or not physically disabled, to stop, park or leave standing, a motor vehicle: in a sign‑posted fire lane at any time; or in lanes where, and during the hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours.
(1988 Code, ' 9.25)  Penalty, see ' 10.99


' 71.16  PARKING ON PRIVATE PROPERTY WITHOUT CONSENT.

It is a misdemeanor to park or abandon a motor vehicle on the property of another, or upon an area developed as an off‑street parking facility, without the consent of the owner, lessee or person in charge of any such property or facility.
(1988 Code, ' 9.26)  Penalty, see ' 10.99

TITLE IX: GENERAL REGULATIONS

Chapter

   90.      STREETS AND SIDEWALKS

   91.      NUISANCES



                                           CHAPTER 90:  STREETS AND SIDEWALKS


Section

General Provisions

90.01     Unloading on street or sidewalk
90.02     Street and sidewalk obstruction
90.03     Materials on street or sidewalk

                                                  Right‑Of‑Way Construction Regulations

90.15     Election to manage the public right‑of‑way
90.16     Definitions and adoption of rules by reference
90.17     Permit requirement
90.18     Permit applications
90.19     Issuance of permit; conditions
90.20     Permit fees
90.21     Right‑of‑way patching and restoration
90.22     Supplementary applications
90.23     Denial of permit
90.24     Installation requirements
90.25     Inspection
90.26     Work done without a permit
90.27     Supplementary notification
90.28     Revocation of permits
90.29     Mapping data; information required
90.30     Location of facilities
90.31     Damage to other facilities
90.32     Right‑of‑way vacation
90.33     Indemnification and liability
90.34     Abandoned facilities; removal of abandoned facilities
90.35     Appeal
90.36     Reservation of regulatory and police powers




                                                             GENERAL PROVISIONS


' 90.01  UNLOADING ON STREET OR SIDEWALK.

No person shall unload any heavy material in the streets of the city by throwing or letting the material fall upon the pavement of any street, alley, sidewalk or other public way, without first placing some sufficient protection over the pavement.
Penalty, see ' 10.99


' 90.02  STREET AND SIDEWALK OBSTRUCTION.

No person shall obstruct any street, alley, sidewalk or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon. Each day that any fence or building is permitted to remain upon the public way shall constitute a separate offense.
Penalty, see ' 10.99


' 90.03  MATERIALS ON STREET OR SIDEWALK.

(A) No person shall encumber any street, sidewalk or right‑of‑way. No owner, occupant or person having the care of any building or lot of land, bordering on any street, sidewalk or right‑of‑way shall permit it to be encumbered with barrels, boxes, cans, articles or substances of any kind, so as to interfere with the free and unobstructed use thereof.

(B)  Except for the actions of the city employees and contractors carrying out their duties, no person shall:

(1)   Obstruct any street or sidewalk by depositing snow or ice thereon;

(2)   Dig any holes in any street, sidewalk or right‑of‑way;

(3)   Remove any earth, gravel or rock from any street, sidewalk or right‑of‑way;

(4)   Obstruct any ditch draining any street or drain any noisome materials into any ditch;

(5)   Deface, mar, damage or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardrails, drains or any other highway appurtenance on or along any street, sidewalk or right‑of‑way;

(6)   Remove, injure, displace or destroy right‑of‑way markers, or reference or witness monuments or markers placed to preserve section or quarter‑section corners; or


(7)   Drive over, through or around any barricade, fence or obstruction erected for the purpose of preventing traffic from passing over a portion of a street or sidewalk closed to public travel or to remove, deface or damage any such barricade, fence or obstruction.
Penalty, see ' 10.99



                                     RIGHT‑OF‑WAY CONSTRUCTION REGULATIONS


' 90.15  ELECTION TO MANAGE THE PUBLIC RIGHT‑OF‑WAY.

In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to this chapter to manage rights‑of‑way within its jurisdiction.


' 90.16  DEFINITIONS AND ADOPTION OF RULES BY REFERENCE.

(A) Minn. Rules Chapter 7819, as it may be amended from time to time, is hereby adopted by reference and is incorporated into this code as if set out in full.

(B)  The definitions included in M.S. ' 237.162, as it may be amended from time to time, Minn. Rules 7819.0100 Subps. 1 through 23, and Minn. Rules 7560.0100 Subps. 1 through 12 are hereby adopted by reference and are incorporated into this chapter as if set out in full.


' 90.17  PERMIT REQUIREMENT.

(A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right‑of‑way without first having obtained the appropriate permit from the city.

(1)   Excavation permit. An excavation permit is required to excavate that part of the right‑of‑way described in the permit and to hinder free and open passage over the specified portion of the right‑of‑way by placing facilities described therein, to the extent and for the duration specified therein.

(2)   Obstruction permit. An obstruction permit is required to hinder free and open passage over the specified portion of right‑of‑way by placing equipment described therein on the right‑of‑way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.


(B)  Permit extensions. No person may excavate or obstruct the right‑of‑way beyond the date or dates specified in the permit unless the person makes a supplementary application for another right‑of‑way permit before the expiration of the initial permit, and a new permit or permit extension is granted.

(C)  Delay penalty. In accordance with Minn. Rules part 7819.1000 Subp. 3, as it may be amended from time to time and notwithstanding division (B) above, the city shall establish and impose a delay penalty for unreasonable delays in right‑of‑way excavation, obstruction, patching or restoration. The delay penalty shall be established from time to time by the City Commission.

(D) Permit display. Permits issued under this subchapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Clerk, Utilities Superintendent or other person designated by the Commission.
Penalty, see ' 10.99


' 90.18  PERMIT APPLICATIONS.

Application for a permit shall contain, and will be considered complete only upon compliance with the requirements of the following provisions:

(A) Submission of a completed permit application form, including all required attachments, scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following information:

(1)   Each permittee=s name, gopher one‑call registration certificate number, address and e‑mail address if applicable, and telephone and facsimile numbers;

(2)   The name, address and e‑mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration;

(3)   A certificate of insurance or self‑insurance:

(a)   Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state, or a form of self‑insurance acceptable to the Clerk, Utilities Superintendent or other person designated by the Commission;


(b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right‑of‑way by the registrant, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right‑of‑way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property;

(c)   Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all coverages;

(d)  Requiring that the Clerk, Utilities Superintendent or other person designated by the Commission be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; and

(e) Indicating comprehensive liability coverage, automobile liability coverage, worker=s compensation and umbrella coverage established by the Clerk, Utilities Superintendent or other person designated by the Commission in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter.

(4)   The city may require a copy of the actual insurance policies;

(5)   If the person is a corporation, a copy of the certificate of incorporation issued by the Secretary of State pursuant to M.S. ' 302A.155, as it may be amended from time to time; and

(6)   A copy of the person=s order granting a certificate of authority from the State Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have the certificate from the Commission or other state or federal agency.

(B)  Payment of money due the city for:

(1)   Permit fees, as established by the City Commission from time to time, estimated restoration costs and other management costs;

(2)   Prior obstructions or excavations;

(3)   Any undisputed loss, damage or expense suffered by the city because of the applicant=s prior excavations or obstructions of the rights‑of‑way or any emergency actions taken by the city; or

(4)   Franchise fees or other charges as established by the City Commission from time to time, if applicable.


' 90.19  ISSUANCE OF PERMIT; CONDITIONS.

(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the Clerk, Utilities Superintendent or other person designated by the Commission shall issue a permit.


(B)  Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right‑of‑way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including, but not limited to, M.S. '' 216D.01 through 2160.09 (Gopher One Call Excavation Notice System), as they may be amended from time to time, and Minn. Rules Chapter 7560.

(C)  Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including, but not limited to, horizontal directional drilling, shall follow all requirements set forth in M.S. Ch. 216D, as it may be amended from time to time, and Minn. Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the city.


' 90.20  PERMIT FEES.

Permit fees shall be in an amount established by the City Commission from time to time.

(A) Excavation permit fee. The city shall establish an excavation permit fee as established by the City Commission from time to time, in an amount sufficient to recover the following costs:

(1)   The city management costs; and

(2)   Degradation costs, if applicable.

(B)  Obstruction permit fee. The city shall establish the obstruction permit fee as established by the City Commission from time to time, and shall be in an amount sufficient to recover the city management costs.

(C)  Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay those fees within 30 days of billing.

(D) Non‑refundable. Permit fees as established by the City Commission from time to time, that were paid for a permit that the Clerk, Utilities Superintendent or other person designated by the Commission has revoked for a breach as stated in ' 90.28 are not refundable.

(E)  Application to franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right‑of‑way user in the franchise.

(F)  Consistent. All permit fees shall be established consistent with the provisions of Minn. Rules part 7819.1000, as it may be amended from time to time.
Penalty, see ' 10.99


' 90.21  RIGHT‑OF‑WAY PATCHING AND RESTORATION.

(A) Timing. The work to be done under the excavation permit, and the patching and restoration of the right‑of‑way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under this subchapter.

(B)  Patch and restoration. The permittee shall patch its own work. The city may choose either to have the permittee restore the right‑of‑way or to restore the right‑of‑way itself.

(1)   City restoration. If the city restores the right‑of‑way, the permittee shall pay the costs thereof within 30 days of billing. If following the restoration, the pavement settles due to the permittee=s improper backfilling, the permittee shall pay to the city, within 30 days of billing, all costs associated with having to correct the defective work.

(2)   Permittee restoration. If the permittee restores the right‑of‑way itself, it may be required at the time of application for an excavation permit to post a construction performance bond or a deposit in accordance with the provisions of Minn. Rules part 7819.3000, as it may be amended from time to time.

(C)  Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rules part 7819.1100, as it may be amended from time to time. The Clerk, Utilities Superintendent or other person designated by the Commission shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case‑by‑case basis.

(D) Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by the permittee or its agents. The permittee upon notification from the Clerk, Utilities Superintendent or other person designated by the Commission, shall correct all restoration work to the extent necessary, using the method required by the Clerk, Utilities Superintendent or other person designated by the Commission. The work shall be completed within five calendar days of the receipt of the notice from the Clerk, Utilities Superintendent or other person designated by the Commission, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under this subchapter.

(E)  Failure to restore.

(1)   If the permittee fails to restore the right‑of‑way in the manner and to the condition required by the Clerk, Utilities Superintendent or other person designated by the Commission, or fails to satisfactorily and timely complete all restoration required by the Clerk, Utilities Superintendent or other person designated by the Commission, the Clerk, Utilities Superintendent or other person designated by the Commission at his or her option may do the work. In that event the permittee shall pay to the city, within 30 days of billing, the cost of restoring the right‑of‑way.


(2)   If the permittee fails to pay as required, the city may exercise its rights under the construction performance bond.

(F)  Degradation fee in lieu of restoration. In lieu of right‑of‑way restoration, a right‑of‑way user may elect to pay a degradation fee as established by the City Commission from time to time; however, the right‑of‑way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities.


' 90.22  SUPPLEMENTARY APPLICATIONS.

(A) Limitation on area. A right‑of‑way permit is valid only for the area of the right‑of‑way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area make application for a permit extension and pay any additional fees required thereby, and be granted a new permit or permit extension.

(B)  Limitation on dates.

(1)   A right‑of‑way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date.

(2)   If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date.


' 90.23  DENIAL OF PERMIT.

The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety and welfare or when necessary to protect the right‑of‑way and its current use.


' 90.24  INSTALLATION REQUIREMENTS.

The excavation, backfilling, patching and restoration, and all other work performed in the right‑of‑way shall be done in conformance with Minn. Rules part 7819.1100, as it may be amended from time to time and other applicable local requirements, in so far as they are not inconsistent with M.S. '' 237.162 and 237.163, as they may be amended from time to time.



' 90.25  INSPECTION.

(A) Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rules part 7819.1300, as it may be amended from time to time.

(B)  Site inspection. The permittee shall make the work‑site available to city personnel and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.

(C)  Authority of Clerk, Utilities Superintendent or other person designated by the Commission.

(1)   At the time of inspection, the Clerk, Utilities Superintendent or other person designated by the Commission may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well‑being of the public.

(2)   The Clerk, Utilities Superintendent or other person designated by the Commission may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten days after issuance of the order, the permittee shall present proof to the Clerk, Utilities Superintendent or other person designated by the Commission that the violation has been corrected. If proof has not been presented within the required time, the Clerk, Utilities Superintendent or other person designated by the Commission may revoke the permit pursuant to ' 90.28.


' 90.26  WORK DONE WITHOUT A PERMIT.

(A) Emergency situations.

(1)   Each person with facilities in the right‑of‑way shall immediately notify the city of any event regarding its facilities which it considers to be an emergency. The owner of the facilities may proceed to take whatever actions are necessary to respond to the emergency. Within two business days after the occurrence of the emergency, the owner shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency.

(2)   If the city becomes aware of an emergency regarding facilities, the city will attempt to contact the local representative of each facility owner affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the person whose facilities occasioned the emergency.


(B)  Non‑emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right‑of‑way must subsequently obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the other fees required by this code, deposit with the city the fees necessary to correct any damage to the right‑of‑way and comply with all of the requirements of this chapter.


' 90.27  SUPPLEMENTARY NOTIFICATION.

If the obstruction or excavation of the right‑of‑way begins later or ends sooner than the date given on the permit, the permittee shall notify the Clerk, Utilities Superintendent or other person designated by the Commission of the accurate information as soon as this information is known.


' 90.28  REVOCATION OF PERMITS.

(A) Substantial breach.

(1)   The city reserves its right, as provided herein, to revoke any right‑of‑way permit, without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit.

(2)   A substantial breach by the permittee shall include, but shall not be limited, to the following:

(a)   The violation of any material provision of the right‑of‑way permit;

(b)  An evasion or attempt to evade any material provision of the right‑of‑way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens;

(c)   Any material misrepresentation of fact in the application for a right‑of‑way permit;

(d)  The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittees control; or

(e)   The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to ' 90.25.

(B)  Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy that violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach.


(C)  Response to notice of breach. Within 24 hours of receiving notification of the breach, the permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. The permittee=s failure to so contact the city, or the permittee=s failure to submit an acceptable plan, or the permittee=s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit.

(D) Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city
for the city=s reasonable costs, including restoration costs and the costs of collection and reasonable attorneys= fees incurred in connection with the revocation.


' 90.29  MAPPING DATA; INFORMATION REQUIRED.

(A) Information required. Each permittee shall provide mapping information required by the city in accordance with Minn. Rules parts 7819.4000 and 7819.4100, as it may be amended from time to time.

(B)  Service laterals.

(1)   All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minn. Rules 7560.0150, Subp. 2, shall require the permittee=s use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the city reasonably requires it. Permittees or other subcontractors shall submit to the city evidence of the installed service lateral locations.

(2)   Compliance with this division (B) and with applicable Gopher State One Call law and Minn. Rules governing service laterals installed after December 31, 2005, shall be a condition of any city approval necessary for:

(a)   Payments to contractors working on a public improvement project including those under M.S. Ch. 429, as it may be amended from time to time; and

(b)  City approval of performance under development agreements, or other subdivision or site plan approval under M.S. Ch. 462, as it may be amended from time to time.

(3)   The city shall reasonably determine the appropriate method of providing the information. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors.



' 90.30  LOCATION OF FACILITIES.

(A) Compliance required. Placement, location and relocation of facilities must comply with applicable laws, and with Minn. Rules parts 7819.3100, 7819.5000 and 7819.5100, as they may be amended from time to time, to the extent the rules do not limit authority otherwise available to cities.

(B)  Corridors.

(1)   The city may assign specific corridors within the right‑of‑way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right‑of‑way.

(2)   All excavation, obstruction or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.

(C)  Limitation of space.

(1)   To protect the health, safety and welfare or when necessary to protect the right‑of‑way and its current use, the Clerk, Utilities Superintendent or other person designated by the Commission shall have the power to prohibit or limit the placement of new or additional facilities within the right‑of‑way.

(2)   In making those decisions, the Clerk, Utilities Superintendent or other person designated by the Commission shall strive to the extent possible to accommodate all existing and potential users of the right‑of‑way, but shall be guided primarily by considerations of the public interest, the public=s needs for the particular utility service, the condition of the right‑of‑way, the time of year with respect to essential utilities, the protection of existing facilities in the right‑of‑way, and future city plans for public improvements and development projects which have been determined to be in the public interest.


' 90.31  DAMAGE TO OTHER FACILITIES.

(A) When the city does work in the right‑of‑way and finds it necessary to maintain, support or move facilities to protect it, the Clerk, Utilities Superintendent or other person designated by the Commission shall notify the local representative as early as is reasonably possible and placed as required.

(B)  The costs associated therewith will be billed to that registrant and must be paid within 30 days from the date of billing.

(C)  Each facility owner shall be responsible for the cost of repairing any facilities in the right‑of‑way which it or its facilities damages. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city=s response to an emergency occasioned by that owner=s facilities.



' 90.32  RIGHT‑OF‑WAY VACATION.

If the city vacates a right‑of‑way which contains the facilities of a registrant, the registrant=s rights in the vacated right‑of‑way are governed by Minn. Rules part 7819.3200, as it may be amended from time to time.


' 90.33  INDEMNIFICATION AND LIABILITY.

By applying for and accepting a permit under this chapter, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules 7819.1250, as it may be amended from time to time.


' 90.34  ABANDONED FACILITIES; REMOVAL OF ABANDONED FACILITIES.

Any person who has abandoned facilities in any right‑of‑way shall remove them from that right‑of‑way if required in conjunction with other right‑of‑way repair, excavation or construction, unless this requirement is waived by the Clerk, Utilities Superintendent or other person designated by the Commission.


' 90.35 APPEAL.

(A) A right‑of‑way user that has been denied registration; has been denied a permit; has had a permit revoked; believes that the fees imposed are invalid; or disputes a determination of the city regarding ' 90.29(B) of this chapter, may have the denial, revocation or fee imposition reviewed, upon written request, by the City Commission.

(B)  The City Commission shall act on a timely written request at its next regularly scheduled meeting.

(C)  A decision by the City Commission affirming the denial, revocation or fee as imposition will be in writing and supported by written findings establishing the reasonableness of the decision.


' 90.36  RESERVATION OF REGULATORY AND POLICE POWERS.

A permittees or registrants rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.



                                                          CHAPTER 91:  NUISANCES


Section

91.01     Refuse, recycling and disposal; junk and nuisances; requirement; prohibitions and remedies
91.02     Shade tree disease control and prevention
91.03     Open burning of leaves



' 91.01  REFUSE, RECYCLING AND DISPOSAL, JUNK AND NUISANCE REGULATIONS, REQUIREMENTS, PROHIBITIONS AND REMEDIES.

(A) Findings. The Commission finds that unregulated deposit and storage of junk and unregulated storage and non‑mandatory collection of refuse are not only potential, but immediate, habitat conditions of decay which are unsanitary, unhealthy, and an ecological blight. The Commission further finds that such hazardous conditions must not only be halted in the future but also corrected for the present. The Commission recognizes that the regulations, prohibitions and remedies provided for herein are bold steps but absolutely essential to the health of the residents and ecology of the community, and the conservation of resources by the mandatory recycling of certain materials.

(B)  Definitions.  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL PREMISES.  Shall consist of two types: (1) any premises where a commercial, industrial or governmental enterprise of any kind is carried on where food is prepared or served from a central kitchen, including restaurants, clubs, churches, schools and healthcare facilities; or, (2) any premises where a commercial, industrial or governmental enterprise of any kind is carried on where food is not prepared or served.


JUNK or DEBRIS.  Means and includes all (1) unregistered, unlicensed or inoperable (including, but not limited to, the lack of component parts) motor vehicles, motorized vehicles or equipment, bicycles, boats, outboard motors, or trailers, or parts or components thereof; (2) inoperable (including but not limited to, the lack of component parts) agricultural implements or parts or components thereof, machines and mechanical equipment of all kinds or parts or components thereof, and by‑products or waste from manufacturing operations of all kinds; (3) used lumber or waste resulting from building construction, renovation, remodeling, or demolition; (4) felled trees and tree branches that are not immediately processed into lumber, wood for fuel, fence components, or other such ultimate use; or (5) material which is incapable of immediately performing the function for which was designed including, but not limited to: abandoned, discarded or unused objects in an obvious state of despair; furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers and garbage which are in the public view. Material that is wasting or wearing away, decayed or rotten beyond repair or in a gradual decline in strength, soundness or quality to become decomposed or rotten, except a contained compost pile.

RECYCLABLE.  Means materials such as cardboard, newsprint, glass, metal containers, and high density polyethylene plastic. These materials are considered to be recyclable materials only if the City determines that the appropriate markets exist that will accept these materials.

REFUSE. Means and includes all organic and inorganic (1) material resulting from the manufacture, preparation or serving of food or food products; (2) spoiled, decayed or waste food from any source; (3) crockery, ashes, rags and discarded clothing; (4) tree, lawn or bush clippings and weeds; (5) furniture, household furnishings or appliances, or parts or components thereof; or, (6) human or household waste of all kinds not included in any other portion of this definition. This definition does not include recyclable materials as herein defined or enumerated.

RESIDENTIAL PREMISES.  Means any building consisting of any number of dwelling units, each with individual kitchen facilities, and, in the case of multiple dwelling units in such building, each unit shall be considered RESIDENTIAL PREMISES.

NUISANCE.  Means and includes:

(a)   Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public;

(b)  Interfering with, obstructing or rendering dangerous for passage, any street, public right‑of‑way or waters used by the public;

(c)   Any other act or omission declared by law to be a public nuisance;

(d)  Any public nuisance known in common law or in equity jurisprudence;
(e)   Any nuisance located on a property which may prove detrimental to inquisitive children, including but not limited to any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; unsound fences or structures; lumber, trash, fences, debris, or vegetation which may prove a hazard for minors and other persons;

(f)   Whatever is dangerous to human life or is detrimental to health;

(g)   Inadequate or unsanitary sewerage or plumbing facilities; or

(h)  Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.


(i)   Maintaining any structure which is in a state of dilapidation, or decay; or is open to the elements; or unable to provide shelter; or serve the purpose for which it was constructed due to damage, dilapidation or decay.

(j)   Dead, decayed, diseased or damaged tress constituting a hazard or danger to the public property or persons lawfully therein.

(k)  Landscaping on any premises, including but not limited to trees, shrubs, hedges, grass, plants which physically hinder or interfere with the lawful use of abutting premises or block or interfere with the use of any public  sidewalk and/or public street or right of way or any road sign.

(l)   To deposit, store or maintain refuse, junk or debris on any premises or public right of way abutting said premises by any person owning, leasing, occupying or having charge or possession of such premises.

(C)  Refuse Storage.

(1)   It is unlawful for any person to store refuse on residential or commercial premises, type two, for a continuous period in excess of seven days.

(2)   It is unlawful for any person to store refuse on commercial premises, type one for a continuous period in excess of 96 hours.

(3)   It is unlawful to store organic refuse unless it is drained, wrapped (in paper or plastic) and placed in an impervious and leak‑proof container with a tight‑fitting cover.

(D) Mandatory collection of refuse and recyclable materials.

(1)   It is unlawful for each occupant of commercial (of either type) premises to fail or refuse to subscribe for, receive, and pay for (at going rates for the class of service) the refuse collection services of a garbage and refuse hauler licenses by the city.

(2)   It is unlawful for each occupant of residential premises to fail or refuse to receive refuse collection services at rates, rules and schedules set by the city.

(3)   It is unlawful for any person to obstruct a licensed garbage and refuse or recyclable materials hauler in the performance of its duties.

(4)   If a person fails or refuses to comply with divisions (D)(1) and (2), the city may, upon 15‑days= notice in writing mailed to the owner of such premises at the address appearing on the tax rolls of the county, and as an additional and not alternate to any other remedy provided herein, subscribe and pay for the services of such hauler and certify all costs to the County Auditor to be spread upon the tax rolls as a special assessment on the subject premises.


(5)   It is unlawful for the owner of any premises on which recyclable materials are accumulated in any amount to fail or refuse to separate (by category) such materials, and place them for collection in accordance with applicable rules and schedules fixed and approved by the city.

(E)  Nuisance. It is unlawful for any person to permit or maintain a nuisance upon such premises.

(F)  Additional unlawful acts.

(1)   It is unlawful for any person to deposit offal or the body of dead animal in any place other than a sanitary landfill or other facilities approved by statute or the city code.

(2)   It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point of danger of fire.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 91.02  SHADE TREE DISEASE CONTROL AND PREVENTION.

(A) Policy and purpose.  The city has determined that the health of oak and elm trees is threatened by fatal diseases known as oak wilt and Dutch elm disease. It has further determined that the loss of oak and elm trees located on public and private property would substantially depreciate the value of property and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City Commission to control and prevent the spread of these diseases, and provide for the removal of dead or diseased trees, as nuisances.

(B)  Definitions.  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

CITY FORESTER.  The City Administrator, or such other employee of the city as the City Commission may designate and who shall thereafter qualify, together with his or her duly designated assistants.

NUISANCE.

(a)   Any living or standing  tree infected to any degree with a shade tree disease; or

(b)  Any logs, branches,  stumps or other parts of any dead or dying tree, so infected, unless such parts have been fully burned or treated under the direction of the City Forester.

SHADE TREE DISEASE.  Dutch elm disease or oak wilt disease.


(C)  Scope and adoption by reference. M.S. ' 18.023, is hereby adopted by reference, together with the Rules and Regulations of the Minnesota Commissioner of Agriculture relating to shade tree diseases; provided that this section shall supersede such statutes, rules and regulations, only to the extent of inconsistencies.

(D) Unlawful act. It is unlawful for any person to keep, maintain or permit upon premises owned by him or her or upon public property where he or she has the duty of tree maintenance, any nuisance as herein defined and in accordance with M.S. ' 18G.13, Subd. 7, Local Pest Control, which allows a city council, board of county commissioners, or town board may by resolution or ordinance adopt and enforce regulations to control and prevent the spread of plant pests and diseases.

(E)  Inspection and diagnosis.  It is the power and duty of the City Forester to enter upon public or private property, at any reasonable time, for the purpose of inspecting for, and diagnosing, shade tree disease.  In cases of suspected shade tree disease, and in performance of his or her duties, the City Forester may remove such specimens, samples and biopsies as may be necessary or desirable for diagnosis.

(F)  Abatement of nuisance.  Abatement of a nuisance, defined herein, shall be by spraying, removing, burning, or otherwise effectively treating the infected tree or wood to prevent spread of shade tree disease.  Such abatement procedures shall be carried out in accordance with current technical and expert methods and plans as may be designed by the Commissioner of Agriculture of the State of Minnesota.  The city shall establish specifications for tree removal and disposal methods consistent therewith.

(G) Procedure for removal of infected trees and wood.

(1)   Whenever the City Forester finds with reasonable certainty that the infection, or danger of infection, exists in any tree or wood on any public or private property, he or she shall proceed as follows:

(a)   If the City Forester finds that the danger of infection of other trees is not imminent because of dormancy of shade tree disease, he or she shall make a written report of his or her finding to the City Commission which shall proceed  by:

1.    Abating the nuisance as a public improvement under M.S. Chapter 429, or

2.    Abating the nuisance as provided division (B)(2) of this division.

(b)  If the City Forester finds that danger of infection of other trees is imminent, he or she shall notify the owner of the property, or the abutting property, as the case may be, by certified mail that the nuisance will be abated within a specified time, not less than five days from the date of mailing of such notice.  The City Forester shall immediately report such action to the City Commission, and after the expiration of the time limited by the notice he or she may abate the nuisance.


(c)   If the City Forester finds with reasonable certainty that immediate action is required to prevent the spread of shade tree disease, he or she may proceed to abate the nuisance forthwith. He or she shall report such action immediately to the City Commission and to the abutting property owner, or to the owner of the property where the nuisance is located.

(2)   Upon receipt of the City Forester=s report required by division (G)(1)(a) above, the City Commission shall by resolution order the nuisance abated.  Before action is taken on such resolution, the City Commission shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs.  At such hearing or adjournment thereof, the City Commission shall hear property owners with reference to the scope and desirability of the proposed project.  The City Commission shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract.

(3)   The City Forester shall keep a record of the costs of abatements done under this subdivision and shall report monthly to the City Administrator all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each.

(4)   On or before September 1 of each year the City Administrator shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. The City Commission may then spread the charges or any portion thereof against the property involved as a special assessment under M.S. ' 429.101 and other pertinent statutes for certification to the County Auditor and collection the following year along with current taxes.

(5)   No damage shall be awarded the owner for destruction of any tree, wood or part thereof pursuant to this section.

(H) Spraying trees.

(1)   Whenever the City Forester determines that any tree or wood is infected or threatened with infection, he or she may spray or treat all nearby high value trees with an effective concentrate or fungicide or both.  Activities authorized by this subdivision shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his or her agents whenever possible.

(2)   The notice and assessment provisions of division (G) apply to spraying and treatment operations conducted under this subdivision.

(I)   Interference prohibited.  It is unlawful for any person to prevent, delay or interfere with the City Forester while he or she is engaged in the performance of duties imposed by this section.


(J)   Additional duties of city forester. It is the additional duty of the City Forester to coordinate, under the direction and control of the City Commission, all activities of the city relating to the control and prevention of shade tree disease. He or she shall recommend to the City Commission the details of a program for the control of the diseases, and perform the duties incident to such a program adopted by the City Commission.

(K) Subsidies.  The duty of any property owner to bear the cost of removing or maintaining trees, whether by private contract or assessment, shall be subject to a subsidy policy, if any, established by the city for the treatment or removal of trees infected with shade tree disease.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 91.03  OPEN BURNING OF LEAVES.

(A) Burning permitted.  Subject to the provisions of M.S. ''  88.16, 88.17 and 88.22, the open burning of dried leaves between September 15 and December 1 is hereby permitted.

(B)  Limits and conditions.

(1)   Such burning shall be limited to the areas of the city zoned for residential purposes only.

(2)   Burning shall be between the hours of 2:00 p.m. sunrise and sunset or as determined appropriate by the Minnesota Department of Natural Resources and/or the City Commission on a temporary basis.

(3)   No burning is permitted in streets.

(4)   All such fires shall be attended, at all times, by a person of suitable age and discretion.

(5)   No burning shall take place during an air pollution alert, warning or emergency declared by the Pollution Control Agency.

(C)  Burning permitted.  Subject to the provisions of M.S. '' 88.16, 88.17 and 88.22, the open burning of dried leaves is hereby permitted.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99

TITLE XI: BUSINESS REGULATIONS

Chapter

110.      GENERAL LICENSING

111.      GENERAL REGULATIONS

112..     ALCOHOLIC BEVERAGES

113.      MINING, EXTRACTION AND EXCAVATION

114.      LAWFUL GAMBLING

115.      TATTOOS AND BODY PIERCING

116.      TOBACCO; PRODUCTS



                                                CHAPTER 110:  GENERAL LICENSING


Section

110.01   Definitions
110.02   Applications
110.03   Action on application, transfer, termination and duplicate license
110.04   Fixing license fees
110.05   Carrying or posting
110.06   Penalty for property owner
110.07   Responsibility of licensee
110.08   Conditional licenses
110.09   Renewal of licenses
110.10   Insurance requirements
110.11   License denial and fixing rates; hearing
110.12   Worker=s compensation



' 110.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICANT.  Any person making an application for a license under this chapter.

APPLICATION.  A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.

BOND.  A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney.

BUSINESS.  Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this chapter.

LICENSE.  A document issued by the city to an applicant permitting him or her to carry on and transact a business.


LICENSE FEE.  The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.

LICENSEE.  An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business.

SALE, SELL and SOLD.  All forms of barter and all manner or means of furnishing merchandise to persons.
(1988 Code, ' 6.01)  (Ord. 17, passed 10‑15‑1991)


' 110.02  APPLICATIONS.

All applications shall be made as follows.

(A) All applications shall be made at the office of the City Administrator upon forms that have been furnished by the city for those purposes.

(B)  Unless otherwise provided for in this chapter, all the applications must be subscribed, sworn to, and include information as the Commission shall deem necessary considering the nature of the business for which license application is made.

(C)  It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in the application, or any willful omission to state any information called for on the application form, shall, upon discovery of the falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this chapter, or any part hereof.

(D) The City Administrator shall, upon receipt of each application completed in accordance herewith, forthwith investigate the truth of statements made therein and the moral character and business reputation of each applicant for license to the extent as he or she deems necessary. For the investigation, the City Administrator may enlist the aid of the Chief of Police. The Commission shall not consider an application before the investigation has been completed.

(E)  Applications for renewal licenses may be made in the abbreviated form as the Commission may by resolution adopt.
(1988 Code, ' 6.02)  (Ord. 17, passed 10‑15‑1991)  Penalty, see ' 10.99



' 110.03  ACTION ON APPLICATION, TRANSFER, TERMINATION AND DUPLICATE
LICENSE.

(A) Granting. The Commission may grant any application for the period of the remainder of the then current calendar year or for the entire ensuing license year. All applications, including proposed license periods, must be consistent with this chapter.

(B)  Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the Commission, payment of the appropriate license fee, and approval of the bond or insurance as to form and surety or carrier, if required. All licenses shall be on a calendar year basis, unless otherwise specified herein as to particular businesses. Unless otherwise herein specified, license fees shall be pro‑rated on the basis of one‑twelfth for each calendar month or part thereof remaining in the then current license year; provided, that for licenses where the fee is less than $100 a minimum license fee equal to one‑half of the annual license fee shall be charged. Except as to licenses which are specifically city‑wide, licenses shall be valid only at one location and on the premises therein described.

(C)  Transfer. A license shall be transferable between persons upon consent of the Commission and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Commission and upon payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this division (C).

(D) Termination. Licenses shall terminate only by expiration or revocation.

(E)  Refusal and revocation.

(1)   The Commission may, for any reasonable cause, refuse to grant any application, or revoke any license.

(2)   No license shall be granted to a person of questionable moral character or business reputation.

(3)   Before revocation of any license, the Commission shall give notice to the licensee and grant the licensee opportunity to be heard.

(4)   Notice to be given and the exact time of hearing shall be stated in the resolution calling for the hearing.

(5)   Grounds for revocation may be, but are not limited to, any of the following:

(a)   The licensee suffered or permitted illegal acts upon licensed premises;

(b)  The licensee had knowledge of the illegal acts but failed to report the same to police;


(c)   The licensee failed or refused to cooperate fully with police in investigating the alleged illegal acts; or

(d)  The activities of the licensee created a serious danger to public health, safety or welfare.

(F)  Duplicate license. Duplicates of all original licenses may be issued by the City Administrator, without action by the Commission, upon licensee=s affidavit that the original has been lost, and upon payment of a fee of $2 for issuance of the duplicate. All duplicate licenses shall be clearly marked ADUPLICATE@.

(G) Delinquent taxes and charges. No license under this chapter shall be granted for operation on any premises upon which taxes, assessments or installments thereof, or other financial claims of the city, are owed and are delinquent and unpaid; provided, however, in case the applicant does not own the real estate where the licensed business is to be located, and there are delinquent taxes of record against the real estate, the Commission may, by an affirmative vote of all members of the Commission, authorize and direct the issuance of the license, or the transfer thereof, after all of the material and relevant circumstances and facts relating to the non‑payment of taxes have been fully considered and passed upon by the Commission.
(1988 Code, ' 6.03)  (Ord. 17, passed 10‑15‑1991)


' 110.04  FIXING LICENSE FEES.

(A) Except as otherwise herein provided, all fees for licenses (late fee penalties, and investigation of applicants) under this chapter shall be fixed and determined by the Commission, adopted by resolution, and uniformly enforced.

(B)  The license fees may, from time‑to‑time, be amended by the Commission by resolution.

(C)  A copy of the resolution setting forth currently effective license fees shall be kept on file in the office of the City Administrator, and open to inspection during regular business hours.

(D) For the purpose of fixing the fees, the Commission may subdivide and categorize licenses under a specific license requirement, provided, that any such subdivision or categorization shall be included in the resolution authorized by this section.
(1988 Code, ' 6.04)  (Ord. 17, passed 10‑15‑1991)


' 110.05  CARRYING OR POSTING.

(A) All solicitors shall, at all times when so engaged, carry their license on their person.


(B)  All other licensees shall post their licenses in their place of business near the licensed activity; provided, however, that in the case of machine or other device licensing, the city may provide a sticker for the current license year which shall be affixed to each machine or device requiring the sticker.

(C)  All licensees shall display their licenses upon demand by any officer or citizen.
(1988 Code, ' 6.05)  (Ord. 17, passed 10‑15‑1991)


' 110.06  PENALTY FOR PROPERTY OWNER.

It is unlawful for any person to knowingly permit any real property owned or controlled by him or her to be used, without a license, for any business for which a license is required by this chapter.
(1988 Code, ' 6.06)  (Ord. 17, passed 10‑15‑1991)


' 110.07  RESPONSIBILITY OF LICENSEE.

The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under the license, shall be deemed the conduct of the licensee.
(1988 Code, ' 6.07)  (Ord. 17, passed 10‑15‑1991)


' 110.08  CONDITIONAL LICENSES.

Notwithstanding any provision of law to the contrary, the Commission may, upon a finding of the necessity therefor, place such conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified.
(1988 Code, ' 6.08)  (Ord. 17, passed 10‑15‑1991)


' 110.09  RENEWAL OF LICENSES.

Applications for renewal of an existing license shall be made at least 30 days prior to the date of expiration of the license, and shall contain information as is required by the city. This time requirement may be waived by the Commission for good and sufficient cause.
(1988 Code, ' 6.09)  (Ord. 17, passed 10‑15‑1991)



' 110.10  INSURANCE REQUIREMENTS.

(A) Whenever insurance is required by a section of this chapter, after approval by the Commission, but before the license shall issue, the applicant shall file with the City Administrator a policy or certificate of public liability insurance showing:

(1)   The limits are at least as high as required;

(2)   Coverage is effective for at least the license term approved; and

(3)   The insurance will not be cancelled or terminated without 30 days= written notice served upon the City Administrator.

(B)  Cancellation or termination of the coverage shall be grounds for license revocation.
(1988 Code, ' 6.10)  (Ord. 17, passed 10‑15‑1991)


' 110.11  LICENSE DENIAL AND FIXING RATES; HEARING.

(A) Right to deny.

(1)   The Commission reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this chapter where the business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience.

(2)   The Commission may also consider the location of the business in making the determination; provided, however, that before making the determination, the Commission shall hold a public hearing thereon pursuant to the notice to interested parties and the public as it may deem necessary or proper in action calling for the hearing.

(B)  Rates. Where, under specific provisions of this chapter, the Commission has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, the rates shall be uniform for each category or class of service, and no licensee or proprietor of a regulated business shall claim or demand payment in excess thereof.

(C)  Hearing. Any applicant or licensee under this chapter who challenges denial of a license or rates fixed or approved by the Commission shall have a right to a hearing before the Commission upon written request therefor. Notice of time, place and purpose of the hearing shall be given to those persons and by such means as the Commission may determine in calling the hearing.
(1988 Code, ' 6.11)  (Ord. 17, passed 10‑15‑1991)



' 110.12  WORKER=S COMPENSATION.

No license to operate a business shall be issued by the city until the applicant presents acceptable evidence of compliance with the worker=s compensation insurance coverage requirement of state statutes by providing the name of the insurance company, the policy number and dates of coverage or the permit to self‑insure.
(1988 Code, ' 6.12)  (Ord. 17, passed 10‑15‑1991)



                                             CHAPTER 111:  GENERAL REGULATIONS


Section

111.01   Amusement devices
111.02   Dances
111.03   Shows
111.04   Billiards, pool and bowling
111.05   Taxicabs
111.06   Used motor vehicle dealers
111.07   Garbage and refuse haulers
111.08   Junk dealers
111.09   Automobile washing
111.10   Kennels



' 111.01  AMUSEMENT DEVICES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMUSEMENT DEVICE.  Includes a game of skill, a coin amusement or a video game, as defined in this division (A), or any combination thereof.

ARCADE.  A contiguous area in which more than six amusement devices are kept for use by the public generally.

COIN AMUSEMENT.  Any machine which upon the insertion of a coin, token or slug, operates or may be operated and is available to the public generally for entertainment or amusement, which machine emits music, noise or displays motion pictures.

DISTRIBUTOR.  The person who places amusement devices on premises not owned by him or under his or her control, which devices may be played by the public generally for a price paid either directly or indirectly.


GAME OF SKILL.  Any device excepting pool and billiard tables, bowling alleys and shooting lanes, but including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, which is available to be played by the public generally at a price paid either directly or indirectly for the privilege.

VIDEO GAME.  Any electrical device which displays objects on a screen and upon insertion of a coin, token or slug may be played by the public generally for entertainment or amusement.

(B)  License required. It is unlawful for any person to have upon premises owned or controlled by him or her: any amusement device; or operate an arcade, without a license therefor from the city. It is unlawful for any person to be a distributor without a license therefor from the city.

(C)  Exception. This section shall not apply to video games of chance under the control of the Charitable Gambling Control Board.

(D) Unlawful use and devices. It is unlawful for any person to:

(1)   Sell or maintain a machine or device which is for gambling or contains an automatic pay‑off device;

(2)   Give any prize, award, merchandise, gift or thing of value to any person on account of operation of the device;

(3)   Sell or maintain, or permit to be operated in his or her place of business, any amusement device equipped with an automatic pay‑off device;

(4)   Equip any amusement device with an automatic pay‑off device; or

(5)   Permit the playing of coin amusement machines between the hours of 1:00 a.m. and 6:00 a.m. of any day.
(1988 Code, ' 6.30)  Penalty, see ' 10.99


' 111.02  DANCES.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC DANCE.  Any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, which fee may be in the form of a club membership, or payment of money, directly or indirectly.

PUBLIC DANCING PLACE.  Any room, place or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing.


(B)  License required. It is unlawful for any person to operate a public dancing place, or hold a public dance, without a license therefor from the city.

(C)  License fee. The license fee shall include the cost of providing attendance of a police officer, or officers.

(D) Application and license.

(1)   A verified application for a dance license shall be filed with the city and shall specify the names and addresses of the person, persons, committee or organization that is to hold the dance, time and place thereof, and the area of the dance floor.

(2)   No license shall be granted by the Commission for any place having so‑called Aprivate apartments@ or Aprivate rooms@ furnished or used for any purposes other than a legitimate business purpose which adjoins the dancing place, or which may be reached by stairs, elevators or passageway leading from the dancing place, nor shall a license be granted for any place which is not properly ventilated and equipped with necessary toilets, washrooms or lighting facilities.

(3)   Applications may be referred by the Commission to the Chief of Police for investigation and report prior to being acted upon by the Commission.

(4)   The Commission shall act upon all dance license applications at a regular or special meeting thereof, whether or not it is included in the call or agenda of the meeting.

(5)   At least one officer of the law shall be designated by the Chief of Police and employed by the city to be present at every public dance during the entire time the dance is being held. For purposes of this division (D)(5), the term OFFICER OF THE LAW means any person who is a full‑time or part‑time peace officer. In the discretion of the Commission or Chief of Police, more than one such peace officer may be required.

(6)   The dance license shall be posted in the public dancing place and shall state the name of the licensee, the amount paid therefor, and the time and place licensed. The license shall also state that the licensee is responsible for the manner of conducting the dance.

(7)   No license shall be issued to any applicant under the age of 18 years.

(E)  Dance regulations.

(1)   Obscenity and immorality prohibited. It is unlawful for any person to dance, or for a licensee to permit or suffer any person to dance at any public dance in an indecent or immodest manner. It is also unlawful for any person at a public dance to speak in a rude, boisterous, obscene or indecent manner or for any licensee to suffer or permit any person so to act or speak in any public dancing place.


(2)   Certain persons prohibited. No licensee shall permit any unmarried person under the age of 16 years, unless the unmarried person is accompanied by his or her parent or guardian, to remain in a public dancing place, nor shall any licensee permit any intoxicated person, or other person who persists in violating the law, to be or remain in a public dancing place.

(3)   Hours of dancing.

(a)   No public dance shall be held on Sunday between the hours of 1:00 a.m. and 12:00 noon.

(b)  No public dance shall be held on any day between the hours of 1:00 a.m. and 6:00 a.m.
(1988 Code, ' 6.31)  Penalty, see ' 10.99


' 111.03  SHOWS.

(A) License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city; provided, however, that this section shall not apply to places of businesses operating solely for the purpose of presenting movie films.

(B)  Exceptions. No license shall be required in the following instances:

(a)   Performances presented in the local schools and colleges, under the sponsorship of the schools and colleges, and primarily for the students thereof only;

(b)  Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only;

(c)   Any performance or event in, or sponsored by, bona fide local church and non‑profit organizations, provided that the organization shall be incorporated;

(d)  The County Agricultural Society during its annual fair; or

(e)   Other occasions or performances as may be specifically exempted by resolution of the Commission.


(C)  Obscenity prohibited.

(1)   For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

NUDITY.  Uncovered, or less than opaquely covered, post‑pubertal human genitals, pubic areas, the post‑pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

OBSCENE PERFORMANCE.  A performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado‑masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.

OBSCENITIES.  Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

PERFORMANCE.  Any play, motion picture film, dance or other exhibition pictured, animated or live, performed before an audience.

SADO‑MASOCHISTIC ABUSE.  Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SEXUAL CONDUCT.  Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

SEXUAL EXCITEMENT.  The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.

(2)   It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly:

(a)   Exhibit an obscene performance;

(b)  Directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance; or


(c)   Directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance.

(3)   Any prosecution under this division (C) shall include the following elements:

(a)   The average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience;

(b)  The performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of Aobscene performance@; and

(c)   The performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
(1988 Code, ' 6.32)  Penalty, see ' 10.99


' 111.04  BILLIARDS, POOL AND BOWLING.

(A) License required. It is unlawful for any person to keep or maintain any pool, billiard, snooker or other game table, or any bowling alley (bowling lane) available for public use without first having obtained a license from the city.

(B)  Practices prohibited. It is unlawful for any:

(1)   Pool, billiard, snooker or other game table licensee to be open between 1:00 a.m. and 8:00 a.m. of any weekday, or between 1:00 a.m. and 12:00 noon on any Sunday, and permit use of the licensed facilities;

(2)   Licensee to permit any person to become disorderly or to use profane, obscene or indecent language; and

(3)   Licensee, not having an on‑sale liquor license, to sell or possess, or knowingly allow any person on the licensed premises to sell or possess, intoxicating liquor.
(1988 Code, ' 6.33)  Penalty, see ' 10.99


' 111.05  TAXICABS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVER.  The person driving and having physical control over a taxicab whether he or she be the licensee or in the employ of the licensed operator.


OPERATOR.  A licensee owning or otherwise having control of one or more taxicabs.

TAXICAB.  Any passenger conveyance being driven, on call or traversing a scheduled or unscheduled route for public use or hire upon payment of a fare or at regular fare rates, but not including such as are designed for mass transportation as buses, trains or streetcars.

(B)  License required. It is unlawful for any person to drive or operate a taxicab without a license therefor from the city.

(C)  License issuance and display, and vehicle marking. All licenses shall be issued for specific conveyances, except as otherwise herein provided. License tags, including number and year for which issued, shall be plainly visible from the front of the conveyance. Both sides of every licensed taxicab, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator.

(D) Insurance required. Before a taxicab license is issued by the Commission, and at all times effective during the licensed period, the licensee shall have and maintain public liability and bodily injury insurance in the amount of $100,000 for any one person and $300,000 for two or more persons injured in any one accident, as well as $10,000 property damage insurance.

(E)  Rates.

(1)   Each applicant shall file with the City Administrator, before a taxicab license is issued or renewed, a schedule of proposed maximum rates to be charged by him or her during the licensed period for which the application is made. The schedule of proposed maximum rates, or a compromise schedule thereof, shall be approved by the Commission before granting the license. The schedule shall be posted in a conspicuous place in the taxicab in full view of passengers riding therein.

(2)   Nothing herein shall prevent a taxicab licensee from petitioning the Commission for review of the rates during the licensed period, and the Commission may likewise consider the petition and make new rates effective at any time. No taxicab licensee shall charge rates in excess of maximum rates approved by the Commission.

(F)  Mechanical condition. Before issuing a taxicab license, the applicant shall present to the Commission a certificate signed by a competent and experienced mechanic showing that the taxicab conveyance is in good mechanical condition, that it is thoroughly safe for transportation of passengers and that it is in neat and clean condition. A similar certificate may be required from time to time during the licensed period. In lieu of the certificate, the Commission may accept the report of the Chief of Police relative thereto.
(1988 Code, ' 6.34)  Penalty, see ' 10.99



' 111.06  USED MOTOR VEHICLE DEALERS.

(A) License required. It is unlawful for any person to engage in the business of buying, selling or trading in used motor vehicles without first having obtained a license therefor from the city.

(B)  Restrictions.

(1)   No licensee shall engage in the business of wrecking or dismantling motor vehicles. The wrecking and dismantling of motor vehicles, the keeping or storing for sale or selling of any used parts of motor vehicles, or the use of the premises and place of business of any licensed dealer in motor vehicles for the wrecking, dismantling or storing of parts of used motor vehicles is hereby declared unlawful unless the dealer has obtained a junk dealer=s license.

(2)   Any license issued under this section shall authorize the licensee to carry on the business only at the place designated on the license, and no such license shall be issued unless the applicant has an established place of business in the proper zoning district.

(3)   No licensee shall keep his or her place of business open between the hours of 9:00 p.m. and 8:00 a.m..

(4)   Every licensee shall maintain a record of the name, residence address and personal description of every person with whom a transaction is consummated, the date and hour thereof, a description of the vehicle, including manufacturer=s numbers, serial numbers, body style, seating or other capacity, color and license number of the vehicle. The records shall be open for inspection by the Police Department at all reasonable times.
(1988 Code, ' 6.35)  Penalty, see ' 10.99


' 111.07  GARBAGE AND REFUSE HAULERS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE.  All putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water‑carried wastes.

OTHER REFUSE.  Ashes, glass, crockery, cans, paper, boxes, rags and similar non‑putrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood.

(B)  License required. It is unlawful for any person to haul garbage or other refuse for hire without a license therefor from the city, or to haul garbage or other refuse from his or her own residence or business property other than as herein excepted.


(C)  Exception. Nothing in this section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed:

(1)   All garbage is hauled in containers that are water‑tight on all sides and the bottom and with tight‑fitting covers on top;

(2)   All other refuse is hauled in vehicles with leak‑proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo; and

(3)   All garbage and other refuse shall be dumped or unloaded only at the designated sanitary landfill.

(D) Hauler licensee requirements.

(1)   Hauler licenses shall be granted only upon the condition that the licensee have water‑tight, packer‑type vehicles in good condition to prevent loss in transit of liquid or solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage or refuse, and that the same be dumped or unloaded only at the designated sanitary landfill, and strictly in accordance with regulations relating thereto.

(2)   Before a garbage and refuse hauler=s license is issued, the Commission may require public liability insurance on all vehicles with limits in amounts deemed reasonable by the Commission.

(3)   Licensees shall deliver all refuse to the incinerator or sanitary landfill and shall be required to pay nonresident rates for any refuse collected outside the city. Collection outside the city and failure to pay nonresident rates therefor shall be grounds for revocation of the license.

(4)   The Commission, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. Also, in the interest of health and sanitation, and in the interest of encouraging thorough and efficient operation of a licensee, the Commission may consider the aspect of economy in limiting the number of licenses issued.

(5)   Each applicant shall file with the City Administrator, before a garbage and refuse hauler=s license is issued or renewed, a schedule of proposed rates to be charged by him or her during the licensed period for which the application is made. The schedule of proposed rates, or a compromise schedule thereof, shall be approved by the Commission before granting the license. Nothing herein shall prevent a licensee from petitioning the Commission for review of the rates during the licensed period, and the Commission may likewise consider the petition and make new rates effective at any time. No licensee shall charge rates in excess of the rates approved by the Commission.
(1988 Code, ' 6.39)  Penalty, see ' 10.99
Cross‑reference:
Regulations relating to the collection and disposal of garbage and refuse, see Title XIII


' 111.08  JUNK DEALERS.

(A) License required. It is unlawful for any person to keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any old, used or second‑hand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture, used motor vehicles or parts which from their worn condition renders them practically useless for the purpose for which they were made and which are commonly classed as junk, whether with a fixed place of business or as an itinerant peddler, without having a license therefor from the city. No applicant to whom a license has been refused, shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he or she can show that the reason for the rejection no longer exists.

(B)  Bond requirement. Before issuing a junk dealer=s license as provided for herein, the applicant shall execute and deliver to the City Administrator a bond in the penal sum of $1,000 with sufficient sureties approved by the Commission and conditioned that the applicant will in every particular conform with the requirements of any law relating to junk dealers.

(C)  License conditions.

(1)   Each vehicle kept or used by a junk dealer in the exercise of his or her license shall be marked on both sides with his or her name, the street, and number of the place of business, and the number corresponding to the number of his or her license in plain letters and figures at least two inches high and of such color as to be plainly read at a distance of 60 feet. Every licensed junk dealer shall have and keep a sign on the outside and in front of each of his or her places of business, on which shall be clearly set forth in conspicuous letters his or her name, and the number corresponding to the number of his or her license.

(2)   Every junk dealer=s license shall designate the place of business in or from which the junk dealer receiving the license shall be authorized to carry on the business. No licensee shall remove his or her place of business from the place designated in the license until a written permit has been secured from the Commission, and the same shall have been endorsed upon the license. All signs required by division (C)(1) above shall be altered to contain the new address.

(D) License restrictions.

(1)   No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor, nor shall the business be carried on after the license has been revoked or has expired.

(2)   No junk dealer shall make any purchase from any person, or receive any articles, between the hours of 9:00 p.m. and 7:00 a.m.


(3)   No junk dealer shall purchase or acquire from any person under the age of 18 years any junk, other than old rags or paper, without the written consent of a parent or guardian. No item shall be acquired from any intoxicated person.

(4)   The contents of the premises of every junk dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every junk dealer shall be subject to inspection by the proper city authorities at any time.

(5)   All articles received shall be retained for ten days before disposal. This shall not apply to old rags or paper.

(6)   No licensee, or his or her agent, shall wreck, tear down, paint or otherwise destroy the identity of, or dispose of or allow to be taken out of his or her possession any second‑hand motor vehicle, part or accessory purchased or otherwise secured by, or left for sale with him or her until 24 hours after the acquisition; provided, however, that the Chief of Police may grant a special permit to a licensee permitting a second‑hand motor vehicle, part or accessory, in such special permit properly described, to be sold or disposed of and delivered to another when the Chief of Police has investigated and determined that there is no question as to the ownership of the second‑hand motor vehicle, part or accessory.

(E)  Records.

(1)   Each junk dealer shall keep, in such form as the Chief of Police may prescribe, a daily record, in the English language, of articles purchased, including an accurate description, the name and residence of the person from whom each article was purchased, and the name of the employer of the person, if any; also the day and hour of the purchase and the price paid. The records shall at all reasonable times be open to the inspection of any police officer or the Mayor, Chief of Police, or any person duly authorized in writing for the purpose by the Chief of Police, who shall exhibit the authorization to the junk merchant, his or her agent or employee. No entry in the records shall be changed, erased, obliterated or defaced.

(2)   In the case of motor vehicles or parts thereof, there shall be kept in addition a personal description of the person from whom purchased, and a complete description of the purchase, which shall include the trade name, and the motor, body, axle, coil, starter, carburetor, magneto, steering gear, radiator and manufacturer=s numbers and any other serial number, the style of body, model, color and license number.

(F)  Inspection of property.

(1)   If any goods, article or thing whatsoever shall be advertised in any newspaper printed in the city, as having been lost or stolen, and the same, or any answering the description advertised or any part or portion thereof, shall be or come into the possession of any junk merchant or peddler, he or she shall give information thereof, in writing to the Chief of Police, and state from whom the same was received.


(2)   Any junk merchant or peddler who shall have or receive any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer, or to the Mayor, Chief of Police or any person duly authorized in writing by the Chief of Police or any magistrate, who shall exhibit the authorization to the dealer or peddler.
(1988 Code, ' 6.40)  Penalty, see ' 10.99


' 111.09  AUTOMOBILE WASHING.

(A) License required. It is unlawful for any person to establish or operate an automobile washing business or establishment without first having obtained a license therefor from the city. The license requirement of this section is not applicable to the washing of automobiles at service stations where the washing of automobiles is secondary and incidental to the sale of gasoline and lubricants and to the rendering of other automobile services customarily provided at service stations.

(B)  License conditions.

(1)   Equipment used in any automobile washing establishment shall be designed and maintained so as to avoid injury to any persons using the automobile wash or damage to their property. Water temperature shall be maintained at a moderate level to avoid scalding, and chemicals shall not be used or permitted to be used which are of the strength as to cause damage to property or which may cause injury to persons.

(2)   The premises on which the establishment is located shall be maintained in a state of good repair at all times, free of litter and debris, and refuse containers shall be provided for the use of the persons using the facility. Suitable traps shall be installed and maintained to prevent gravel, waste matter, oils and gasolines from entering the city sewer system. Equipment operated by coins shall be maintained in good operating condition and if out of order for 12 or more consecutive hours, the slot for coin insertion shall be sealed off to prevent insertion of coins. A legible sign shall be maintained in a prominent place on the premises indicating that coins inserted without service being secured may be rebated upon request to the custodian and upon reasonable evidence that the coins were actually inserted.

(3)   A sign shall be posted near each receptacle for coin activation of any washer or product sale indicating the name and telephone number of the custodian of the premises, and the nearest public telephone. A custodian shall be available at all hours during which the automobile washing system is open, either on the premises or by telephone, and in case of complaint, the custodian shall promptly rectify any adverse conditions existing on the premises. If the equipment on any part thereof is not placed in good working order promptly by the custodian the same shall be sealed off from public use, and upon complaint to the Police Department, any police officer may seal the equipment from public use until repaired. No automobile washing facility shall be open for use between the hours of 11:00 p.m. and 7:00 a.m., unless an attendant is present on the premises.
(1988 Code, ' 6.41)  Penalty, see ' 10.99



' 111.10  KENNELS.

(A) Defined. For the purposes of this section, the term KENNEL means any place, building, tract of land, abode or vehicle, wherein or whereon more than three adult animals, or combination, over six months of age, are kept, kept for sale or boarded.

(B)  License required. It is unlawful for any person to operate or maintain a kennel without a license therefor from the city.

(C)  Exception. Hospitals and clinics operated by licensed veterinarians exclusively for the care and treatment of animals, pet shops or other establishments properly licensed by the city are exempt from the provisions of this section.

(D) Zoning. No license shall be issued to a person for operation of a kennel in a zoning district where specialized animal raising is not permitted or otherwise allowed under the zoning chapter of the city code.
(1988 Code, ' 6.42)  (Ord. 6, passed 3‑14‑1989)  Penalty, see ' 10.99




                                            CHAPTER 112:  ALCOHOLIC BEVERAGES


Section

112.01   Definitions
112.02   Applications and licenses under this chapter; procedure and administration
112.03   Renewal license applications
112.04   Delinquent taxes and charges
112.05   Conditional licenses
112.06   Premises licensed
112.07   Unlawful acts
112.08   Conduct on licensed premises
112.09   Sale by employee
112.10   License condition and unlawful act
112.11   License fees; fixing and refunds
112.12   Financial responsibility of licensees
112.13   Insurance certificate requirements
112.14   Minors; unlawful acts
112.15   Gambling prohibited
112.16   Consumption and possession of alcoholic beverages on streets, public property and private parking lots to which the public has access
112.17   Alcoholic beverages in certain buildings and grounds
112.18   Alcoholic beverages; unlawful acts
112.19   Worker=s compensation
112.20   Beer license required
112.21   Temporary beer license
112.22   Hours and days of beer sales
112.23   Liquor license required
112.24   Sunday sales
112.25   Sports, convention or cultural facilities license
112.26   Temporary liquor license
112.27   Hours and days of liquor sales
112.28   On‑sale wine license required
112.29   Hours and days of sales by on‑sale wine licensees
112.30   Liquor and on‑sale wine license restrictions, regulations and unlawful acts
112.31   Club license restrictions and regulations, and unlawful acts
112.32   Municipal dispensary

112.33   Consumption and display
112.34   One‑day license; consumption and display
112.35   Nudity or obscenity prohibited



' 112.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALCOHOLIC BEVERAGE.  Any beverage containing more than 0.5% alcohol by volume, including, but not limited to, beer, wine and liquor as defined in this section.

APPLICANT.  Any person making an application for a license under this chapter.

APPLICATION.  A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.

BEER.  Malt liquor containing not less than 0.5% alcohol by volume nor more than 3.2% alcohol by weight. This definition includes so‑called Amalt coolers@ with the alcoholic content limits stated herein.

BREWER.  A person who manufactures beer for sale.

CLUB.  An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans= organization, which: has more than 50 members; has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans= organization must have been in existence for at least three years.

COMMISSIONER.  The Minnesota Commissioner of Public Safety.

HOTEL.  An establishment where food and lodging are regularly furnished to transients and which has: a resident proprietor or manager; a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and at least ten guest rooms.


LICENSE.  A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.

LICENSEE.  An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.

LICENSE FEE.  The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.

LICENSED PREMISES.  The premises described in the issued license.

LIQUOR.  Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. This definition includes so‑called Awine coolers@ and Amalt coolers@ with the alcoholic content limits stated herein.

MALT LIQUOR.  Any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.

MANUFACTURER.  Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale.

MINOR.  Any natural person who has not attained the age of 21 years.

OFF‑SALE.  The sale of alcoholic beverages in original packages for consumption off the licensed premises only.

ON‑SALE.  The sale of alcoholic beverages for consumption on the licensed premises only.

PACKAGE and ORIGINAL PACKAGE.  Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.

RESTAURANT.  An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 25 guests.

SALE, SELL and SOLD.  All barters and all manners or means of furnishing alcoholic beverages to persons, including the furnishing in violation or evasion of law.

WHOLESALER.  Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.


WINE.  A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than 0.5% nor more than 14% alcohol by volume. (This definition includes so‑called WINE COOLERS with the alcoholic content limits stated herein.)
(1988 Code, ' 5.01)


' 112.02  APPLICATIONS AND LICENSES UNDER THIS CHAPTER; PROCEDURE AND
ADMINISTRATION.

(A) Application. All applications shall be made at the office of the City Administrator upon forms prescribed by the city, or if by the Commissioner, then together with additional information as the City Commission may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Every application for the issuance or renewal of a liquor or beer license must include a copy of each summons received by the applicant during the preceding year under M.S. ' 340A.802. as it may be amended from time to time. Applications for on‑sale liquor licenses may be submitted to the Commission by the same person only once during the licensing year.

(B)  False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in the application, or any willful omission to state any information called for on the application form shall, upon discovery of the falsehood, work an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof.

(C)  Application and investigation fees. At the time the initial application is made, an applicant for a license under this chapter shall accompany the application with payment of a fee to be considered an application and investigation fee, not refundable to the applicant, to cover the cost of the city in processing the application and the investigation of the applicant. No such fee shall be required of an applicant for a temporary beer license.

(D) Action.

(1)   Granting. The Commission may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay one‑half of the license fee, and if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Commission, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation.


(2)   Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the city or the Commissioner, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis, unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described.

(3)   Transfer. No license shall be transferable between persons. No license shall be transferable to a different location without prior consent of the Commission and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this division (D)(3).

(4)   Refusal and termination. The Commission may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation.

(5)   Public interest. No license under this chapter may be issued, transferred or renewed if the results of any investigation show, to the satisfaction of the Commission, that the issuance, transfer or renewal would not be in the public interest.

(6)   Revocation or suspension.

(a)   The Commission shall revoke or suspend, for a period not to exceed 60 days, a license granted under the provisions of this chapter, or impose a civil fine not to exceed $2,000, for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of the city code relating to alcoholic beverages. The Commission shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon premises of the licensee, or if the revocation is mandatory by statute.

(b)  If it shall be made to appear at the hearing thereon that the violation was not willful, the Commission may order suspension; provided that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Commission, a committee of the Commission, or a hearing under the Administrative Procedures Act, being M.S. '' 14.001 to 14.69, as may be determined by the Commission in action calling the hearing.

(c)   The hearing shall be called by the Commission upon written notice to the licensee served in person or by certified mail not less than 15, nor more than 30 days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in the city code or statute, the following shall also be grounds for the action:

     1.      The licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine or liquor;


     2.      The licensee had knowledge of the illegal acts upon licensed premises, but failed to report the same to police;

     3.      The licensee failed or refused to cooperate fully with police in investigating the alleged illegal acts upon licensed premises; or

     4.      The activities of the licensee created a serious danger to public health, safety or welfare.

(7)   Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons that have an interest in the corporation and the extent of the interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator in writing of any change in legal ownership, or beneficial interest in the corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, sh

TITLE XIII: GENERAL OFFENSES

OFFENSES

Chapter

130.      PUBLIC PROTECTION, CRIMES AND OFFENSES

131.      MAINTENANCE OF PRIVATE PROPERTY



                       CHAPTER 130:  PUBLIC PROTECTION, CRIMES AND OFFENSES


Section

130.01   Maintenance of individual sewerage systems
130.02   Dangerous weapons and articles
130.03   Animal licensing and regulation
130.04   Animals and fowl; keeping, transporting, treatment, housing
130.05   Fire Code; flammable and explosive material
130.06   Disorderly conduct
130.07   Noisy parties; disorderly conduct
130.08   Public parks
130.09   Obstructions on public property
130.10   Abandoning a motor vehicle
130.11   Violations
130.12   Curfew for minors



' 130.01  MAINTENANCE OF INDIVIDUAL SEWERAGE SYSTEMS.

It is unlawful for the owner or tenant of any premises to permit an individual sewage disposal system to overflow, or expose the contents thereof above ground.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.02  DANGEROUS WEAPONS AND ARTICLES.

(A) Acts prohibited. It is unlawful for any person to:

(1)   Recklessly handle or use a gun or other dangerous weapon or explosive so as to endanger the safety of another;

(2)   Intentionally point a gun of any kind, capable of injuring or killing a human being and whether loaded or unloaded, at or toward another;

(3)   Manufacture, transfer, possess or sell for any unlawful reason, a weapon or article deemed dangerous for the purpose of being used unlawfully against another or in public (except during organized and lawful training classes or exhibitions);


(4)   Sell or have in his or her possession any device designed to silence or muffle the discharge of a firearm;

(5)   Permit, as a parent or guardian, any child under 14 years of the legal age to handle or use, outside of the parent=s or guardian=s presence, a firearm or air gun of any kind, or any ammunition or explosive; or

(6)   Furnish a minor less than 18 years of age with a firearm, air gun, ammunition or explosive without the written consent of his or her parent or guardian or of the Police Department.

(B)  Exception. Nothing in division (A) above shall prohibit the possession of the articles therein mentioned if the purpose of the possession is for public exhibition by museums or collectors of art.

(C)  Discharge of firearms and explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker or sky rocket or other firework deemed illegal, unless in possession of a permit to discharge such a device as issued by the city.

(D) Exception. Nothing in division (C) above shall apply to a display of fireworks by an organization or group of organizations authorized in writing by the Commission, or the peace officer in the discharge of his or her duty, or to a person in the lawful defense of his or her person or family. This section shall not apply to the discharge of firearms in a range authorized in writing by the Commission.

(E)  Possession and sale of fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale or use, except as allowed in division (D) above, any illegal fireworks.

(F)  Exposure of unused container. It is unlawful for any person, being the owner or in possession or control thereof, to permit an unused refrigerator, ice box or other container, sufficiently large enough to retain any child and with doors which fasten automatically when closed, to expose the same accessible to children, without removing the doors, lids, hinges or latches.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.03  ANIMAL LICENSING AND REGULATION.

(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL SHELTER.  Any premises designated by the Commission for the purpose of impounding and caring for dogs, cats or any other domesticated animals or pets held under the authority of this section.

ANIMALS.  Includes a dog, cat or any other domestic or household animal or pet that can be purchased from a licensed or authorized pet dealer or breeder.


KENNEL.  Any person engaged in the business of breeding, buying, selling or boarding dogs, cats or any other domesticated animals or pets; provided that the person customarily owns or boards more than five dogs, cats or any other domesticated animals or pets over six months of age.

OFFICER.  Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this section.

OWNER.  Any person owning, harboring or keeping a dog or dogs, cat or cats, or any other domesticated animals or pets.

RUNNING AT LARGE.  A dog, cat or any other domesticated animal or pet shall be deemed to be running at large if it is not on the premises of its owner or if not accompanied by a responsible person and under that person=s effective control.

(B)  License required.

(1)   It is a petty misdemeanor for any person to own, keep, harbor or have custody of any dog over six months of age without first obtaining a license therefor from the City Administrator. Applications for license shall be made on forms prescribed by the City Administrator, which forms shall set forth:

(a)   The name and address of the owner;

(b)  The name and address of the person making application, if other than the owner; and

(c)   The breed, sex and age of the dog for which license is sought.

(2)   No license shall be issued to any person other than the owner except upon the written request of the owner. All dogs required to be licensed shall wear a collar and have a tag firmly affixed thereon evidencing the license of the current year.

(C)  Requirement for license.

(1)   A license shall be valid for a period of one year commencing January 1 and expiring December 31 of the year issued; and, except as hereinafter provided, shall be issued only upon payment to the City Administrator of the annual fee adopted by the resolution of the Commission.

(2)   Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies with the time hereinafter specified.


(3)   No license shall be granted for a dog which has not been vaccinated against rabies as provided in this division (C) on such a date of the vaccination to the time of the expiration of the license to be issued, or such lesser time as may be necessary to ensure that the vaccination remains effective throughout the license period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated.

(D) Running at large prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors or keeps a dog or cat, to run at large. A person, who owns, harbors or keeps a dog or cat which runs at large shall be guilty of a misdemeanor. Dogs or cats on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person, so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the city has posted an area with signs reading ADogs or Cats Prohibited@.

(E)  Impoundment. Animals creating a nuisance or running at large may be taken by any officer as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded animals shall be kept for not less than five regular business days, not including Saturday, Sunday or legal holidays, unless reclaimed prior to that time by their owner as provided hereafter.

(F)  Notice of impoundment.

(1)   Upon taking up and impounding any animal, the Poundmaster shall within one day thereafter post in the City Hall a notice of impounding in substantially the following form:

NOTICE OF IMPOUNDING ANIMAL

Date _______________________

I have this day taken up and impounded in the City of Glenwood a (dog) (cat) (other __________) answering the following description: Sex ___
Color ________   Breed ___________ Approximate Age __________
Name of Owner _______________________

Notice is hereby given that unless the animal is claimed and redeemed on or before ________ o=clock __.M, on the _______ day of _____________, 20____, the same will be killed or placed for adoption with the Pope County Humane Society, Inc., as provided by Ordinance.

Signed:

__________________________________________
Poundmaster

(2)   If the owner of the animal be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof, either by mail or personal service. The date of killing or placement for adoption of the animal shall be the sixth day after the posting or giving of the notice unless that date falls on a Saturday, Sunday or holiday, in which case it shall be the following day.


(G) Redemption. Any animal may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Administrator of the license fee (if required and not paid for the current year) with the impounding fee plus an amount established by resolution of the Commission, for each day or fraction of a day that the animal has been confined as the cost of boarding. Notwithstanding this section, the owner shall remain subject to all other penalties contained in this section.

(H) Disposition of unclaimed animals. Any animal which is not claimed as provided in division (F) above, within five regular business days after impounding, shall be painlessly killed and disposed of by the Poundmaster. As an alternative to the killing and disposal of the animal, the Poundmaster may transfer the animal to the Pope County Humane Society, Inc., or its successor for adoption.

(I)   Permissible return of animals running at large. Notwithstanding the provisions of division (E) above, if an animal is found running at large and its owner can be identified and located, the animal need not be impounded, but may, at the discretion of the officer, be taken to the owner. In that case, however, proceedings may be taken against the owner for violation of this section.

(J)   Confinement of certain animals. Every female animal in heat shall be confined in a building or other secure enclosure; in a manner that the female animal cannot come into contact with another animal, except for planned breeding.

(K) Owner obligation for proper care. It is a misdemeanor for any owner to fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. It is a misdemeanor for any person to beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any animal fight. It is a misdemeanor for any owner of an animal to intentionally abandon the animal. Any owner that intentionally abandons an animal is guilty of a misdemeanor. In addition, the owner shall pay all reasonable costs incurred by the city in disposing of the animal.

(L)  Quarantine of certain animals. Any animal which bites a person shall be quarantined for such time as may be directed by the Health Officer. During quarantine the animal shall be securely confined and kept from contact with any other animal. At the discretion of the Health Officer, the quarantine may be on the premises of the owner; however, if the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his or her own expense, place it in a veterinary hospital.

      (M)  Proceedings for destruction of certain animals.


              (1)   Upon sworn complaint to a court of proper jurisdiction that any one of the following facts exist that any animal at any time, the presiding officer of the court shall issue a summons directed to the owner of the animal commanding him or her to appear before the court to show cause why the animal should not be seized by any police officer, or otherwise disposed of in the manner authorized in this section. The summons shall be returnable not less than two, nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein:

(a)   Has destroyed or damaged property or habitually trespasses in a damaging manner on the property of persons other than the owner;

(b)  Has attacked or bitten a person or other animal outside the owner=s or custodian=s premises;

(c)   Is vicious or shows vicious habits or molests pedestrians or other animals or interferes with vehicles on the public streets or highways;

(d)  Is a nuisance as heretofore defined; or

(e)   Is running at large in violation of this section.

(2)   Upon the hearing and finding the facts true as complained of, the court may either order the animal killed at owner=s expense or order the owner or custodian to remove it from the city, or may order the owner or custodian to keep it confined to a designated place.

(3)   If the owner or custodian violates the order, any officer may impound any animal described in the order. The provisions of this division (M) are in addition to and supplemental to other provisions of this section. Costs of the proceeding specified by this division (M) shall be assessed against the owner or custodian of the animal, if the facts in the complaint are found to be true; or to the complainant, if the facts are found to be untrue.

(N) Summary destruction of certain animals. Whenever an officer has reasonable cause to believe that a particular animal presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound the animal, may summarily destroy the animal. When any unattended animal shall be injured or diseased, it shall be impounded. In the event that the capture of the animal cannot be effectuated, the animal may be destroyed.

(O) Appointment of officers. The Commission may from time to time appoint those persons as may be necessary to assist the police officers of the city in the enforcement of this section. Those persons shall have police powers insofar as is necessary to enforce this section, and no person shall interfere with, hinder or molest them in the exercise of those powers. It is a petty misdemeanor for any person to refuse upon official inquiry to show or exhibit, at any reasonable time, any animal in his or her possession or custody.


(P)  Nonresidents. The divisions of this section requiring a license shall not apply to nonresidents of the city, provided that dogs of the owners shall not be kept in the city longer than 30 days without a license and shall be kept under restraint.
(Ord. 113, passed 3‑11‑2014)


' 130.04  ANIMALS AND FOWL; KEEPING, TRANSPORTING, TREATMENT, HOUSING.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMALS.  Includes farm animals and all other animals, except for those defined in ' 130.03(A).

FARM ANIMALS.  Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees.

(B)  Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except:

(1)   Farm animals kept in that portion of the city zoned for agricultural purposes;

(2)   Animals kept as part of a show licensed under the city code;

(3)   Animals used in a parade for which a permit has been issued;

(4)   Animals kept in a laboratory for scientific or experimental purposes; or

(5)   Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.

(C)  Animals in transit. It is unlawful for any person to transport animals unless they are:

(1)   Confined within a vehicle, cage or other means of conveyance;

(2)   Farm animals being transported in a portion of the city zoned for agricultural purposes; or

(3)   Restrained by means of bridles, halters, ropes or other means of individual restraint.

(D) Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner.

(E)  Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements.


(G) Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city park, cemetery, garden or lot without specific permission therefor from the owner.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.05  FIRE CODE; FLAMMABLE AND EXPLOSIVE MATERIAL.

(A) Adoption. The then current edition, or as amended from time to time, edition of the Minnesota Uniform Fire Code as adopted by the state is hereby adopted as though set forth verbatim herein. One copy of the Code shall be marked ACITY OF GLENWOOD ‑ OFFICIAL COPY@, and kept on file in the office of the City Administrator and open to inspection and use by the public.

(B)  Storage of flammable and explosive material. Present installations for the purpose of storage of flammable liquid, liquefied petroleum gas and explosives and blasting agents may continue in the Agricultural District; provided, however, that the installation shall not be expanded nor shall new installations for that purpose be permitted without a special permit, an application therefor shall be investigated by the Chief of Police and the Chief of the Fire Department, and a hearing held thereon before the Commission.
(Ord. 113, passed 3‑11‑2014)


' 130.06  DISORDERLY CONDUCT.

It is unlawful for any person, in a public or private place, knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following:

(A) Engage in brawling or fighting;

(B)  Disturb an assembly or meeting, not unlawful in its character;

(C)  Engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others;

(D) Willfully and lewdly expose his or her person or the private parts thereof, or procure another to so expose himself or herself; and any open or gross lewdness or lascivious behavior, or any act of public indecency;

(E)  Urinate or defecate in a place other than:

(1)   If on public property then in a plumbing fixture provided for that purpose;


(2)   If on the private property of another then in a plumbing fixture provided for that purpose; or

(3)   If on private property not owned or controlled by another, then within a building;

(F)  Cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn;

(G) Use a sound amplifier upon streets and public property without prior written permission from the city;

(H) Use a flash or spotlight in a manner so as to annoy or endanger others;

(I)   Cause defacement, destruction or otherwise damage to any premises or any property located thereon;

(J)   Strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish onto any premises except into receptacles provided for that purpose;

(K) Enter any motor vehicle of another without the consent of the owner or operator; or

(L)  Fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official: provided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time as part of his or her official duty, nor shall it include the spouse, children, employee or tenant of the owner or occupier.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.07  NOISY PARTIES; DISORDERLY CONDUCT.

(A) It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature as to disturb the peace, quiet or repose of other persons. Any owner or person in lawful possession or control of the private lands who has knowledge of the disturbance and fails to immediately abate the disturbance shall be guilty of a violation of this section.


(B)  It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of the private lands being present, without first having obtained written permission from the landowner or other person in lawful possession of the private lands. The written permission shall at all times be in the possession of one or more persons at the site of the congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use. Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner.

(C)  A violation of divisions (A) or (B) above shall give a peace officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession or control of the land, to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a peace officer shall be guilty of a violation of this section.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.08  PUBLIC PARKS.

(A) Adoption. The Commission may by resolution adopt, and from time to time amend, rules and regulations governing public parks. It is unlawful to violate such rules and regulations as are conspicuously sign‑posted in the parks.

(B)  Hours. It is unlawful for any person to park, be in or remain in, or leave any vehicle in any park between the hours of 12:00 midnight and 7:00 a.m. of the day following; provided, however, that this section shall not apply to those vehicles or persons involved in organized activities which are authorized by permit issued by the city to remain in a park, nor to any vehicle that is camping in the designated camping area.

(C)  Erection of structure. It is unlawful for any person to construct or erect or bring into any park any building or structure of whatever kind, whether permanent or temporary in character; or run or string any public service utility into, upon or across the lands, except upon special written permit issued hereunder.

(D) Trapping. It is unlawful for any person to set, lay, prepare or have in his or her possession any trap, snare, artificial light, net, bird line or any contrivance whatever for the purpose of catching, trapping, injuring or killing any animal in any park except upon the written authorization of the City Administrator.

(E)  Sale of articles. It is unlawful for any person to sell or offer for sale for personal gain, any article or thing whatsoever in any park or parkway; provided, however, that this prohibition shall not apply to the sales of refreshments or other articles by the city, its agents, its duly licensed concessionaires or persons selling under its written direction.

(F)  Launching of boats. The launching of boats within any park shall be limited to those areas which are expressly marked and designated for the purpose by the Commission by resolution, and shall otherwise be prohibited. Areas so designated shall be posted and marked by the Public Works Department with appropriate signs.


(G) Traffic prohibited. It is unlawful for any person to drive a self‑propelled or motorized vehicle, except an electrically propelled wheelchair, in any park, playground, recreational area or athletic field owned or maintained by the city, except upon a street or other public thoroughfare therein; provided, that this division (G) shall not apply to construction or maintenance equipment operated by, or under a contract with, the city and within the scope of the operation or contract.

(H) Pets and animals. It is unlawful for any person to take any animal upon any park property, park waters or upon any skating rink or in any building, unless the animal is caged or kept on a leash, or in the direct control of its owner.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.09  OBSTRUCTIONS ON PUBLIC PROPERTY.

(A) Obstructions. It is unlawful for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any public property without first having obtained a written permit from the Commission, and then only in compliance in all respects with the terms and conditions of the permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction.

(B)  Fires. It is unlawful for any person to build or maintain a fire upon public property except in designated fire pits or other areas designated by the city.

(C)  Dumping on public property. It is unlawful for any person to throw or deposit on public property any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemicals thereon. It is a violation of this section to place or store any building materials or waste resulting from building construction or demolition on public property without first having obtained a written permit from the Commission.

(D) Signs and other articles. It is unlawful for any person to place or maintain a sign, advertisement or other articles on public property without first having obtained a written permit from the Commission.

(E)  Snow or ice on public property. It is unlawful for any person not acting under a contract with the city to dump snow or ice on public property.

(F)  Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such.


(G) Condition. Before granting any permit under any of the provisions of this section, the Commission may impose the insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding those persons and property. The insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of the obstruction.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.10  ABANDONING A MOTOR VEHICLE.

(A) It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of the property.

(B)  For the purpose of this section, a MOTOR VEHICLE is as defined in M.S. Chapter 169, as it may be amended from time to time.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 130.11  VIOLATIONS.

Every person violates a section, division, paragraph or provision of this title when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful by a code adopted by reference by this title, and upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof.
(Ord. 113, passed 3‑11‑2014)


' 130.12  CURFEW FOR MINORS.

(A) Purpose. The curfew for minors established by this section is maintained for four primary reasons:

(1)   To protect the public from illegal acts of minors committed during the curfew hours;

(2)   To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;

(3)   To protect minors from criminal activity that occurs during the curfew hours; and

(4)   To help parents control their minor children.


(B)  Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY ERRAND.  A task that if not completed promptly threatens the health, safety or comfort of the minor or a member of the minor=s household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human‑made calamity.

OFFICIAL CITY TIME.  The time of day as determined by reference to the master clock contained at the Pope County Dispatch office.

PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT.  Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants and pool halls.

PRIMARY CARE or PRIMARY CUSTODY.  The person who is responsible for providing food, clothing, shelter and other basic necessities to the minor. The person providing PRIMARY CARE OR CUSTODY to the minor shall not be another minor.

SCHOOL ACTIVITY.  An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.

(C)  Hours.

(1)   Minors under the age of 16 years.  No minor under the age of 16 years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings nor in or upon places of amusement, entertainment or refreshment; nor in or upon any vacant lot, between the hours of 10:00 p.m. and 8:00 a.m. the following day, official city time.

(2)   Minors ages 16 years and 17 years.  No minor of the ages of 16 or 17 years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; nor in or upon places of amusement, entertainment or refreshment; nor in or upon any vacant lot, between the hours of 11:30 p.m. and 7:00 a.m. the following day, official city time.

(D) Effect on control by adult responsible for minor.  Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.


(E)  Exceptions. The provisions of this section shall not apply in the following situations:

(1)   To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor;

(2)   To a minor who is upon an emergency errand at the direction of his or her parent, guardian or other adult person having the primary care and custody of the minor;

(3)   To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession or occupation; or to a minor traveling directly to or from the location of the business trade, profession or occupation and the minor=s residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor=s presence at work;

(4)   To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution or similar entity that takes responsibility for the minor and with the permission of the minor=s parent, guardian or other adult person having the primary care and custody of the minor;

(5)   To a minor who is passing through the city in the course of interstate travel during the hours of curfew;

(6)   To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or freedom of religion;

(7)   To minors on the sidewalk abutting his or her residence or abutting the residence of a next‑door neighbor if the neighbor does not complain to the city=s designated law enforcement provider about the minor=s presence; or

(8)   To a minor who is married or has been married, or is otherwise legally emancipated.

(F)  Duties of person legally responsible for minor. No parent, guardian or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.

(G) Duties of other persons. No person operating or in charge of any place of amusement, entertainment or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian or other adult person having primary care or custody of the minor, or unless one of the exceptions to this section apply.


(H) Penalties.

(1)   Minors. Any minor found to be in violation of this section may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. '' 260C.193 and 260C.201, as amended.

(2)   Adults. Any adult person found to be in violation of this section shall be guilty of a misdemeanor and may be sentenced up to the maximum penalty authorized by state law for a misdemeanor.

(I)   Defense. It shall be a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city=s designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.




                               CHAPTER 131:  MAINTENANCE OF PRIVATE PROPERTY


Section

131.01   Purpose
131.02   Definitions
131.03   Applicability
131.04   Property maintenance standards
131.05   Board of Review
131.06   Indemnification
131.07   Enforcement, violations and appeal



' 131.01  PURPOSE.

(A) To protect the citizen=s public health, safety and general welfare, while establishing and enforcing minimum standards throughout the city (herein after referred to as Athe city@).

(B)  These general objectives include, but are not limited to the following:

(1)   To protect the character and stability of residential and commercial areas within the city;

(2)   To correct and prevent conditions which adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well‑being of persons within the city;

(3)   To provide minimum standards for maintaining existing and future properties, and to thus prevent deterioration and substandard property appearances; and

(4)   To preserve the property values throughout the city.

(C)  This chapter establishes and regulates minimum standards for all properties within the city.
(Ord. 113, passed 3‑11‑2014)



' 131.02  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE OFFENSE. Administrative offense procedures established pursuant to this chapter are intended to provide the public and the city with an informal, cost effective and expeditious alternative to the traditional criminal charges for violations of this chapter.

(1)   This provision is intended to be voluntary on the part of those who have been charged with these administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the city may bring criminal charges in accordance with law.

(2)   Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.

BOARD OF REVIEW.  The appointed Property Maintenance Board of Review and/or the City Commission.

BODILY INJURY.  Bodily injury shall mean bodily injury, sickness or disease (including death resulting at any time therefrom), mental anguish, and mental injury, which may be sustained or claimed by any person or persons.

BUILDING.  Any structure having a roof supported by columns or walls, whether occupied or vacated. When divided by party walls without openings, each portion of the building so separated shall be deemed a separate BUILDING, including, but not limited to, accessory buildings or structures which attached or detached, secondary or subordinate capacity from the main or principal building or structure on the same premises.

CITY.  The City of Glenwood, its elected and appointed officials, employees and volunteers working on behalf of the city.

ENFORCEMENT OFFICER.  The person or persons designated by the City Commission.

GRAFFITI.  Inscriptions, drawings, paintings or other visual markings that defaces property, either public or private, including but not limited to signage or displays that are clearly visible that may be deemed as rude, offensive, abusive, obscene or threatening language or gesture offensive, pornographic or otherwise inappropriate to the general public.


LOSSES AND LIABILITIES.  False arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, discrimination, mental anguish, wrongful entry or eviction, violation of property or deprivation of rights, privileges or immunities secured by the constitution and laws of the United States of America or the State of Minnesota, for which others may be liable to the injured party in any action at law, suit in equity or other proceedings for redress.

PERSON.  Includes a corporation, firm, partnership, association, organization and any other group acting as a unit owner as well as individual owner. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word PERSON is used in any section of this chapter prescribing a penalty or fine as to partnerships or association, the word shall include the officers, agents or members thereof who are responsible for any violation of the section and/or leaseholders or persons who have been granted permission to use the property by the property owner.

PROPERTY.  Any buildings and any parcel of land, with or without any structure or structures (temporary or permanent), along with anything that is on the land, including, but not limited to: structures, fixtures, equipment, natural features, fences, amenities, parking lots, driveways, stumps, trees, bushes, compost piles and related premises.

PROPERTY DAMAGE.  The damage or destruction of any property, including the loss of use thereof

REPAIR.  To alter or restore to a sound, acceptable state of operation, serviceability or appearance. REPAIRS shall be expected to be of a quality that would last as long as if replaced by new items.

REPLACE or REPLACEMENT shall mean to remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. REPLACEMENT ordinarily takes place when repair of the item is impractical.
(Ord. 113, passed 3‑11‑2014)


' 131.03  APPLICABILITY.

(A) Every property within the city limits, including ongoing building projects and properties which have been issued building permits, shall conform to this chapter within one year of adoption or as otherwise noted herein this chapter, depending on the amount of work required to adhere to the ordinances, irrespective of when a building may have been constructed, altered or repaired.

(B)  Those properties which shall require alterations and/or repairs shall begin to make reparations immediately upon passage and property owners and occupants shall show a good faith effort that these alterations and/or repairs shall be completed within the guidelines established herein and shall continue to be maintained accordingly.


(C)  Property owners who cannot complete the required alterations and/or repairs within the guidelines set forth shall be allowed the opportunity to petition the Board of Review (as defined in ' 131.05) to request an extension, providing they provide documentation that they are making a good faith effort to comply with the ordinances, including, but not limited to, presenting a plan of action, timeline for completion and progress made to date.

(D) The Board of Review shall review the requests in a public forum and consider public comments before making final determinations on extensions. No extensions shall be granted for a period to exceed three years from the date of adoption.
(Ord. 113, passed 3‑11‑2014)


' 131.04  PROPERTY MAINTENANCE STANDARDS.

Unless the context clearly indicates or requires a different meaning under local, state or federal building codes and/or ordinances, regulations and/or guidelines, it shall be unlawful for any person to maintain junk, debris or a nuisance, or permit any condition or thing which is liable to cause injury to any person or property to remain in the city.

(A) Exterior building maintenance, construction and alteration standards. All properties, which have been so poorly maintained that their physical condition and unsightly appearance detract from the surrounding neighborhood(s), are declared public nuisances. Furthermore, properties are considered public nuisances if they fail to comply with the required building exterior maintenance, construction and alteration standards, including, but not limited to, the following:

(1)   Every exterior surface, which has had a surface finish such as paint applied, shall be maintained to avoid noticeable deterioration to the finish and shall be free of peeling, cracked, chipped or otherwise deteriorated surface finish on less than 25% of:

(a)   Any one wall or other flat surface; or

(b)  All doors, windows, door and window moldings, fascia, soffit, eaves, gutters and similar projections on any one side or surface.

(2)   All parts of any exterior surface shall be free from deterioration, holes, breaks, gaps, loose or rotting boards, timbers or other surfaces.

(3)   All exterior glass, including windows and exterior light fixtures, shall not be broken and screens shall not be separated from moldings. All exterior glass that is cracked shall not be taped as that presents a potential safety hazard.

(4)   All exterior doors and shutters shall be hung properly and securely, with an operable mechanism to keep them securely shut or in place.


(5)   All exterior cornices, moldings, lintels, sills, bay or dormer windows, signage and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly.

(6)   All exterior foundations, walls and roof shall be substantially water‑tight and protected against vermin, rodents, rains and other elements and shall be kept in sound condition and repair.

(7)   All exterior decks, staircases, porches, fences, chimneys, antennae, air vents and other similar projections shall be:

(a)   Structurally sound, in good repair, and shall be secured properly, where applicable, to an exterior wall or exterior roof, including, but not limited to, roof drainage systems;

(b)  Firmly fastened and maintained in good condition; and

(c)   Free of rotting, loose or deteriorating supports.

(B)  Non‑building property maintenance standards. Unless the context clearly indicates or requires a different meaning under local, state or federal guidelines, non‑building property maintenance standards shall apply, including but not limited to the following:

(1)   All properties containing temporary construction fencing, including, but not limited to, erosion control hay bales, fabric and plastic, shall not be used in lieu of permanent fencing when installed on construction sites and shall be removed following elimination of hazards or completion of construction projects.

(2)   Notwithstanding the provisions of ' 153.178, all properties containing signage or other exterior visual displays in plain sight of a public roadway or walkway, whether temporary or permanent, shall be professional looking and shall not portray graffiti and/or an unsightly appearance or detract from customary signage in surrounding neighborhood(s).

(3)   All properties shall be free from the accumulation of nuisances and debris, including, but not limited to, boxes, lumber, scrap metal, building materials, structures, fixtures, equipment, natural features, fences, amenities, parking lots, driveways, stumps, trees, bushes, compost piles and related premises or other materials in such a manner which may provide home to a rodent harborage, accumulate any materials which may serve as food for rodents in a site accessible to rodents, or are considered to be an unsightly appearance that may detract from surrounding neighbors and/or neighborhoods.

(4)   All properties containing stored materials, including junk, debris and nuisances, shall be stored in a building, stacked neatly and safely in piles, or fully screened so as not to be visible from adjoining or adjacent lands.


(5)   All property owners shall be responsible for the removal or maintenance of safety hazards, including but not limited to: snow, ice, weeds and other accumulated junk, debris and nuisances from parking lots, driveways, steps and walkways on the properties pursuant to the city ordinance so as to avoid potential injuries and obstructions to the public.

(6)   It is the primary responsibility of any owner or occupant of any lot or parcel of land to maintain any weeds or grass growing thereon at a height of not more than eight inches; to remove all public health or safety hazards, junk, debris and nuisances therefrom; to install or repair water service lines thereon; to keep creeks and rivers free from debris that may cause flooding and/or damage to other property owners along the waterway; and to treat or remove insect‑infested or diseased trees and/or vegetation thereon.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99


' 131.05  BOARD OF REVIEW.

The city shall promptly, upon passage of the ordinances contained herein, shall hereby establish an appointed Property Maintenance Board of Review (herein after referred to as the Board of Review), separate from the City Commission.

(A) The Board of Review shall consist of seven members, who shall be appointed by the City Commission, and shall be comprised of the following:

(1)   One member of the City Commission;

(2)   One member of the City Planning and Zoning Commission;

(3)   One member of the City Park and Tree Board; and

(4)   Four members at large.

(B)  The members appointed from the City Commission; City Planning and Zoning Commission; and Park and Tree Board shall be appointed for one‑year terms at the first City Commission meeting of the calendar year, or as needed to fill vacancies.

(C)  The members at large of the Board of Review shall be appointed for three‑year terms, and each member shall be eligible to serve for up to two consecutive terms. Those terms shall be staggered. Additional terms may be served at the discretion of the City Commission if sufficient applicants are not received by the City Commission from interested persons.

(D) The persons appointed to the Board of Review shall serve without compensation, shall choose its own officers, propose to the City Commission its own rules and regulations, keep a journal of its proceedings and be indemnified by the city for their actions as specified herein.


(E)  The City Commission reserves the right to reappoint Board of Review members with or without just cause at any time should they deem it necessary.

(F)  A majority of the members shall constitute a quorum for the transaction of any business.

(G) It shall be the responsibility of the Board of Review to study, investigate, make findings, report and recommend to the City Commission upon any special matter of question coming within the scope of this section.

(H) Furthermore, it shall be the responsibility of the Board of Review to recommend to the City Commission revisions and/or amendments to sections of city ordinances which are applicable to the scope of their work, and recommend deadlines for permits issued by the city, enforcement measures and/or applicable fees and penalties.

(I)   The City Commission, in conjunction with the Board of Review, Chamber of Commerce, community businesses, organizations and the general public, shall proclaim a ATake Pride in Our Community Week@ in the spring and fall to, or as otherwise deemed necessary and appropriate in order to facilitate repairs and/or maintenance in accordance with this chapter.
(Ord. 113, passed 3‑11‑2014)


' 131.06  INDEMNIFICATION.

(A) To the fullest extent permitted by law, all persons, businesses, organizations, their agents, officers, employees or volunteers representing them, shall hold the city and the Board of Review members harmless against all losses and liabilities arising out of bodily injury or property damages based upon any act or omission, negligent or otherwise, in connection with this chapter.

(B)  For the purposes of this indemnity clause, the city has an obligation to indemnify and hold the Board of Review harmless, including, but not limited to, the obligation to:

(1)   Defend the Board of Review from any such suit, action or proceeding; and

(2)   Pay any and all judgments which may be recovered in any such suit, action, or proceeding, and/or any and all expenses, including, but not limited to, the costs, attorney fees and settlement expenses which may be incurred.
(Ord. 113, passed 3‑11‑2014)


' 131.07  ENFORCEMENT, VIOLATIONS AND APPEAL.

(A) It shall be an unlawful practice for any person, group, organization, business or city department to prevent, delay or interfere with the Board of Review, or any of its agents, while engaging in and about the community.


(B)  All persons found to be in violation of any of the provisions of this chapter shall be subject to the following.

(1)   Violations. Every act or omission constituting a violation of any of the provisions of this chapter by a person shall be deemed and held to be the act or omission of that person and/or the property owner. Both the person committing the violation and/or the property owner shall be subject to the administrative penalties as set forth in this chapter and punishable in the same manner.

(2)   Notice.

(a)   The Enforcement Officer, or persons acting in an official capacity on its behalf, shall, upon determining that there has been a violation, notify the violator. Furthermore, the Enforcement Officer shall be granted discretionary authority to extend the time frame for correction when circumstances warrant.

(b)  The notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, time frame for correction of the violation, administrative penalty for failure to correct the problem in the time period specified and the process for filing an appeal to the Board of Review.

(c)   Once a notice has been issued and the time frame for correction of the violation has passed, the offense shall be deemed as recurring until such time that the violation deems to be corrected fully and completely and no further notice shall be required.

(3)   Appeals.

(a)   Any person contesting a notice pursuant to this section shall, within ten days of the time of issuance of the notice, request a hearing by the Board of Review who shall forthwith conduct an informal hearing to determine if a violation has occurred and/or request an exception to the terms granted by the Enforcement Officer.

(b)  The Board of Review shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the Board of Review, the violator shall pay the penalty imposed.

(c)   Upon issuance of the Board of Review=s hearing determination, any person who wishes to contest the determination shall be afforded the right to appeal the decision to the City Commission, within ten days of the determination.

(d)  The City Commission shall forthwith conduct an informal hearing to determine if a violation has occurred. The City Commission shall have authority to uphold and/or modify the Board of Review=s hearing determination.


(e)   If a person is found to have not committed the administrative offense by the Board of Review and/or the City Commission, no such charge may be brought by the Enforcement Officer for the same violation, unless conditions have worsened.

(4)   Administrative penalties.

(a)   Once the notice is given, the alleged violator shall, within the time frame specified on the notice, correct the violation. Should the alleged violator fail to correct the problem as specified, the administrative penalty shall be assessed. Administrative penalties shall be set annually by the City Commission per the fee schedule, as amended by the City Commission from time to time.

(b)  Upon assessment of the administrative penalty, the payment must be received by the city within ten days before late fees are applied.

(c)   The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. Administrative penalties shall be set by the City Commission annually per the fee schedule, as amended by the City Commission from time to time.

(5)   Late payment penalty.

(a)   Late payment penalties shall begin on the day immediately following the date set forth in the notice to have the violation corrected and shall continue to accrue each day thereafter. Late payment penalties shall be set annually by the City Commission per the fee schedule, as amended by the City Commission from time to time.

(b)  In the event a party charged with an administrative offense fails to pay the penalty, the administrative and late payment penalties may be applied to the property owner=s taxes in the manner specified by law.

(6)   Recovery of administrative costs.

(a)   The owner of the premises, where an administrative offense violation has been issued by the enforcement officer, shall be personally liable for the cost of the city for inspection of the property and administrative costs as allowed per M.S. ' 429.101, as it may be amended from time to time.

(b)  City staff shall prepare a bill for the cost and mail it to the owner. The amount shall be immediately due and payable to the city. If the penalty and/or administrative cost is unpaid, the City Administrator shall, on or before September 1, list the total unpaid charges along with all other charges, as well as other charges for current services to be assessed under M.S. ' 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable.


(c)   The City Commission may then spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year, or in annual installments not exceeding ten, as the City Commission may determine in each case.

(7)   Disposition of penalties. All penalties collected pursuant to this chapter shall be paid to the city, and may be deposited in the city=s General Fund.

(8)   Failure to comply. If a violation requires ordinance compliance with a set period of time and the compliance does not occur by the deadline specified, the city may initiate an abatement process and/or charge the party with a petty misdemeanor or misdemeanor.

(9)   Subsequent offenses. In the event a party is charged with a subsequent administrative offense within an 18‑month period for the same or substantially the similar offense, the subsequent administrative penalty shall be increased by 100% above the previous administrative penalty. The city shall only increase the penalty twice within this period.
(Ord. 113, passed 3‑11‑2014)  Penalty, see ' 10.99

TITLE XV: LAND USAGE

Thumbnail 220x PDF
Chapter

150.      BUILDING REGULATIONS

151.      SHORELAND USE REGULATION

152.      SUBDIVISION OF LAND

153.      ZONING CODE
 

Download "Title XV- Land Usage.pdf"

Index

ABANDONED MOTOR VEHICLES
Disposal of abandoned motor vehicles, unclaimed property and excess property, 32.01
Public protection
Abandoning a motor vehicle, 130.10
Violations, 130.11

ADMINISTRATOR, CITY (See also HOME RULE CHARTER)
Appointment and removal, Charter, Section 3.03
Office, Charter, Section 3.01
Specific powers and duties, Charter, Section 3.02

ADVERTISING
Parking for the purpose of advertising or selling merchandise, 71.14

AGRICULTURE USES
Shoreland use regulation
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry and
  extractive uses and mining of metallic minerals and peat, 151.40

AIRPORT
Airport Zoning Board, 31.23
Department of Airport, Parks and Buildings, 31.03

AIRPORT ZONING BOARD, 31.23

ALCOHOLIC BEVERAGES
Alcoholic beverages in certain buildings and grounds, 112.17
Alcoholic beverages; unlawful acts, 112.18
Applications and licenses under this chapter; procedure and administration, 112.02
Beer license required, 112.20
Club license restrictions and regulations, and unlawful acts, 112.31
Conditional licenses, 112.05
Conduct on licensed premises, 112.08
Consumption and display, 112.33
Consumption and possession of alcoholic beverages on streets, public property and private
  parking lots to which the public has access, 112.16
Definitions, 112.01

ALCOHOLIC BEVERAGES (Cont=d)
Delinquent taxes and charges, 112.04
Financial responsibility of licensees, 112.12
Gambling prohibited, 112.15
Hours and days of beer sales, 112.22
Hours and days of liquor sales, 112.27
Hours and days of sales by on‑sale wine licensees, 112.29
Insurance certificate requirements, 112.13
License condition and unlawful act, 112.10
License fees; fixing and refunds, 112.11
Liquor and on‑sale wine license restrictions, regulations and unlawful acts, 112.30
Liquor license required, 112.23
Minors; unlawful acts, 112.14
Municipal dispensary, 112.32
Nudity or obscenity prohibited, 112.35
On‑sale wine license required, 112.28
One‑day license; consumption and display, 112.34
Premises licensed, 112.06
Renewal license applications, 112.03
Sale by employee, 112.09
Sports, convention or cultural facilities license, 112.25
Sunday sales, 112.24
Temporary beer license, 112.21
Temporary liquor license, 112.26
Unlawful acts, 112.07
Worker=s compensation, 112.19

AMUSEMENT DEVICES, 111.01

ANIMALS
Animal licensing and regulation, 130.03
Animals and fowl; keeping, transporting, treatment, housing, 130.04
Kennels, 111.10
Violations, 130.11

ANNEXATIONS OF LAND, TSO I

ASSESSMENTS (See also HOME RULE CHARTER;  SPECIAL ASSESSMENTS)
Pending condemnations and assessments, Charter, Section 12.11

AUTOMOBILE WASHING, 111.09

BEER (See ALCOHOLIC BEVERAGES)


BILLIARDS, 111.04

BOARD OF REVIEW, 131.05

BOARDS AND COMMISSIONS, Charter, Section 2.06

BOARDS OF THE CITY
Airport Zoning Board, 31.23
Board of Review, 111.04
Cable Television Advisory Board, 31.25
Housing Advisory and Appeals Board, 31.26
Library Board, 31.24
Park Board, 31.22
Planning Board, 31.21

BODY PIERCING
Application review and investigation, 115.05
Conditions of license, 115.08
Definitions, 115.02
Health and sanitation requirements, 115.10
Inspections, 115.09
License application, 115.04
License requirements and procedure, 115.03
Location restrictions, 115.06
Persons not eligible for license, 115.07
Purpose, 115.01
Violations, 115.11

BONDS, OFFICIAL, Charter Section 12.04

BOUNDARIES OF THE CITY, Charter, Section 1.03

BOWLING, 111.04

BUDGET (See also HOME RULE CHARTER)
Alterations in the budget, Charter Section 7.07
Commission action on budget, Charter Section 7.05
Submission of budget, Charter Section 7.04

BUILDING CODE
Application, administration and enforcement, 150.02
Codes adopted, 150.01
Optional chapters, 150.05

BUILDING CODE (Cont=d)
Permits and fees, 150.03
Violations, 150.04

BUILDING REGULATIONS
Building Code
Application, administration and enforcement, 150.02
Codes adopted, 150.01
Optional chapters, 150.05
Permits and fees, 150.03
Violations, 150.04
Construction Licensing, Permits and Regulation
Building permits required, 150.20
Collection of building permit fees, 150.22
Foundations, 150.25
Housing Code adopted, 150.23
Permit fees, 150.21
Permits and special requirements for moving buildings, 150.24
Mobile Home Parks
Administration, 150.48
Definitions, 150.40
Inspections, 150.45
License to be renewed annually, 150.49
Mobile home park requirements, 150.43
Nonconforming uses, 150.47
Notices, hearing and orders, 150.46
Permits for construction, 150.44
Requirements, 150.41
Unlawful acts, 150.42

BURNING
Open burning of leaves, 91.03

BUSINESS LICENSING
Action on application, transfer, termination and duplicate license, 110.03
Applications, 110.02
Carrying or posting, 110.05
Conditional licenses, 110.08
Definitions, 110.01
Fixing license fees, 110.04
Insurance requirements, 110.10
License denial and fixing rates; hearing, 110.11
Penalty for property owner, 110.06

BUSINESS LICENSING (Cont=d)
Renewal of licenses, 110.09
Responsibility of licensee, 110.07
Worker=s compensation, 110.12

CABLE TELEVISION ADVISORY BOARD, 31.25

CHARITABLE GAMBLING FUND, 114.05

CITY ADMINISTRATOR (See ADMINISTRATOR, CITY)

CITY COMMISSION (See COMMISSION, CITY; HOME RULE CHARTER)

CITY, GENERAL PROVISIONS
Accounts, claims or demands, 30.09
Authority and purpose, 30.01
City Seal, 30.05
Commission meetings; time and place, 30.02
Commission procedure at regular meetings, 30.04
Facsimile signatures, 30.08
Interim emergency succession, 30.10
Right to administrative appeal, 30.06
Rules of procedure for appeals and other hearings, 30.07
Salaries of Mayor and Commission, 30.11
Special meetings, 30.03
Worker=s compensation, 30.12

CITY SEAL, 30.05

CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER
  CITY, Charter, Section 12.07

CITY UTILITIES (See UTILITIES OF THE CITY)

CODE OF ORDINANCES, GENERAL PROVISIONS
Adoption of statutes and rules and supplements by reference, 10.19
Application to future ordinances, 10.03
Captions, 10.04
Copies of code, 10.18
Definitions, 10.05
Effective date of ordinances, 10.14
Enforcement, 10.20
Errors and omissions, 10.09

CODE OF ORDINANCES, GENERAL PROVISIONS (Cont=d)
Fines and penalties; payment into city treasury, 10.21
General penalty and enforcement, 10.99
Notice of code violation, Ch. 10, App. A
Official time, 10.10
Ordinances repealed, 10.12
Ordinances unaffected, 10.13
Ordinances which amend or supplement code, 10.16
Preservation of penalties, offenses, rights and liabilities, 10.17
Reasonable time, 10.11
Reference to a public official, 10.22
Reference to offices, 10.08
Reference to other sections, 10.07
Repeal or modification of ordinance, 10.15
Rules of interpretation, 10.02
Severability, 10.06
Supplemental administrative penalties, 10.98
Title of code, 10.01

COMMISSION, CITY (See also HOME RULE CHARTER)
Boards and commissions, Charter, Section 2.06
Commission action on budget, Charter Section 7.05
Commission procedure
Codification of ordinances, Charter, Section 4.05
Commission meetings, Charter, Section 4.01
Rules op procedure and quorum, Charter, Section 4.02
Ordinance adoption, amendment and repeal procedure, Charter, Section 4.04
Ordinances, resolutions, and motions, Charter, Section 4.03
Resolutions, Charter, Section 4.06
Composition and election, Charter, Section 2.01
Incompatible offices, Charter, Section 2.03
Powers and duties, Charter, Section 2.02
Salaries, Charter, Section 2.05
Salaries of Mayor and Commission, 30.11
The acting mayor, Charter, Section 2.08
The mayor, Charter, Section 2.07
To control finances, Charter Section 7.01
Vacancies, Charter, Section 2.04

COMMISSIONERS, CITY (See also HOME RULE CHARTER)
Terms of present Mayor and Commissioners, Charter, Section 12.08

COMMISSIONS OF THE CITY (See BOARDS OF THE CITY; HOME RULE CHARTER)


CONDEMNATIONS (See also HOME RULE CHARTER;  SPECIAL ASSESSMENTS)
Pending condemnations and assessments, Charter, Section 12.11

CONSTRUCTION
Building Code
Application, administration and enforcement, 150.02
Codes adopted, 150.01
Optional chapters, 150.05
Permits and fees, 150.03
Violations, 150.04
Construction Licensing, Permits and Regulation
Building permits required, 150.20
Collection of building permit fees, 150.22
Foundations, 150.25
Housing Code adopted, 150.23
Permit fees, 150.21
Permits and special requirements for moving buildings, 150.24
Mobile Home Parks
Administration, 150.48
Definitions, 150.40
Inspections, 150.45
License to be renewed annually, 150.49
Mobile home park requirements, 150.43
Nonconforming uses, 150.47
Notices, hearing and orders, 150.46
Permits for construction, 150.44
Requirements, 150.41
Unlawful acts, 150.42

CONTRACTS
Approved by the Commission, Charter, Section 12.13
City officers not to be interested in contracts, Charter, Section 12.03

CONVENTION FACILITY
Sports, convention or cultural facilities license, 112.25

CRIMES AND OFFENSES
Abandoning a motor vehicle, 130.10
Animal licensing and regulation, 130.03
Animals and fowl; keeping, transporting, treatment, housing, 130.04
Curfew for minors, 130.12
Dangerous weapons and articles, 130.02
Disorderly conduct, 130.06
Fire Code; flammable and explosive material, 130.05


CRIMES AND OFFENSES (Cont=d)
Maintenance of individual sewerage systems, 130.01
Noisy parties; disorderly conduct, 130.07
Obstructions on public property, 130.09
Public parks, 130.08
Violations, 130.11

CULTURAL FACILITIES
Sports, convention or cultural facilities license, 112.25

CURFEW
Curfew for minors, 130.12
Violations, 130.11

DANCES, 111.02

DEPARTMENT OF AIRPORT, PARKS AND BUILDINGS, 31.03

DEPARTMENT OF FINANCE, 31.05

DEPARTMENT OF PUBLIC SAFETY, 31.06

DEPARTMENT OF PUBLIC WORKS, 31.02

DEPARTMENT OF SANITARY SERVICES AND WATER, 31.04

DEPARTMENTS OF THE CITY
Department of Airport, Parks and Buildings, 31.03
Department of Finance, 31.05
Department of Public Safety, 31.06
Department of Public Works, 31.02
Department of Sanitary Services and Water, 31.04
Departments generally, 31.01
Legal Department, 31.07

DISORDERLY CONDUCT
Noisy parties; disorderly conduct, 130.07
Prohibited, 130.06
Violations, 130.11


DISTRICTS
Zoning Districts
District boundaries, 153.024
District requirements, 153.021
Districts of the city, 153.020
Uses not provided, 153.022
Zoning map, 153.023

ELECTIONS (See also HOME RULE CHARTER)
Canvass of elections, Charter, Section 5.04
Election notice, Charter, Section 5.03
Procedure at elections, Charter, Section 5.05
Regular city election, Charter, Section 5.01
Special elections, Charter, Section 5.02

EMINENT DOMAIN (See also HOME RULE CHARTER)
Power to acquire property, Charter,  Section 9.01

EXCAVATION
Bond or irrevocable letter of credit requirement, 113.11
Conditional use permit application, 113.04
DWSMA operating conditions; one‑year time of travel, 113.08
Environmental considerations, 113.05
Existing operations, 113.12
General operating conditions, 113.06
General provisions, 113.03
Purpose, 113.01
Reclamation, 113.10
Scope and applicability, 113.02
Temporary processing, 113.07
Ten‑year time of travel operating conditions, 113.09
Termination of permit, 113.13

EXHIBITION DRIVING, 70.04

EXPLOSIVE MATERIAL
Public protection; crimes and offenses, 130.05
Violations, 130.11

EXTRACTION
Bond or irrevocable letter of credit requirement, 113.11
Conditional use permit application, 113.04
DWSMA operating conditions; one‑year time of travel, 113.08
Environmental considerations, 113.05

EXTRACTION (Cont=d)
Existing operations, 113.12
General operating conditions, 113.06
General provisions, 113.03
Purpose, 113.01
Reclamation, 113.10
Scope and applicability, 113.02
Temporary processing, 113.07
Ten‑year time of travel operating conditions, 113.09
Termination of permit, 113.13

EXTRACTIVE USES
Shoreland use regulation
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry and
  extractive uses and mining of metallic minerals and peat, 151.40

FINANCES (See also HOME RULE CHARTER; TAXATION)
Alterations in the budget, Charter Section 7.07
Anticipation certificates, Charter Section 7.10
Bank loans, Charter Section 7.12
City indebtedness, Charter Section 7.09
Commission action on budget, Charter Section 7.05
Commission to control finances, Charter Section 7.01
Emergency debt certificates, Charter Section 7.11
Enforcement of the budget, Charter Section 7.06
Fiscal year, Charter Section 7.02
Funds, Charter Section 7.08
System of taxation, Charter Section 7.03
Submission of budget, Charter Section 7.04

FIRE CODE
Flammable and explosive material, 130.05
Violations, 130.11

FLAMMABLE MATERIAL
Public protection; crimes and offenses, 130.05
Violations, 130.11

FORESTRY USE
Shoreland use regulation
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry and
  extractive uses and mining of metallic minerals and peat, 151.40


FOWL
Animals and fowl; keeping, transporting, treatment, housing, 130.04
Violations, 130.11

FRANCHISES (See also HOME RULE CHARTER)
Conditions in every franchise, Charter, Section 10.06
Franchises required, Charter, Section 10.01
Limitations, Charter, Section 10.07
Power of regulation reserved, Charter, Section 10.04
Public hearing, Charter, Section 10.03
Renewals or extensions, Charter, Section 10.05
Term, Charter, Section 10.02
Listed, TSO II

FRANCHISES, 32.05

GAMBLING
Alcoholic beverages
Gambling prohibited, 112.15
Lawful
City Charitable Gambling Fund, 114.05
Contribution required, 114.02
Definitions, 114.01
Reports, 114.03
Suspension, revocation, non‑renewal of licenses, 114.04

GARBAGE (See also REFUSE)
Garbage and refuse haulers, 111.07
Zoning; General Regulations
Accessory uses, 153.066
Garbage and trash, 153.072

GOVERNMENT
Form of government, Charter, Section 1.02
Powers, Charter, Section 1.04

HIGHWAY TRAFFIC REGULATION ACT
Adopted by reference, 70.01

HIGHWAYS (See STREETS)


HOME RULE CHARTER
A public act, Charter, Section 1.05
Certification of documents, Charter, Section 12.14
City Administrator
Appointment and removal, Charter, Section 3.03
Office, Charter, Section 3.01
Specific powers and duties, Charter, Section 3.02
City Commission
Boards and commissions, Charter, Section 2.06
Composition and election, Charter, Section 2.01
Incompatible offices, Charter, Section 2.03
Powers and duties, Charter, Section 2.02
Salaries, Charter, Section 2.05
The acting mayor, Charter, Section 2.08
The mayor, Charter, Section 2.07
Vacancies, Charter, Section 2.04
City officers not to be interested in contracts, Charter, Section 12.03
City to succeed to rights and obligations of former city, Charter, Section 12.07
Commission procedure
Codification of ordinances, Charter, Section 4.05
Commission meetings, Charter, Section 4.01
Rules op procedure and quorum, Charter, Section 4.02
Ordinance adoption, amendment and repeal procedure, Charter, Section 4.04
Ordinances, resolutions, and motions, Charter, Section 4.03
Resolutions, Charter, Section 4.06
Commissioners
Terms of present Mayor and Commissioners, Charter, Section 12.08
Contracts, Charter, Section 12.13
Elections
Canvass of elections, Charter, Section 5.04
Election notice, Charter, Section 5.03
Procedure at elections, Charter, Section 5.05
Regular city election, Charter, Section 5.01
Special elections, Charter, Section 5.02
Eminent domain
Power to acquire property, Charter,  Section 9.01
Existing ordinances continued, Charter, Section 12.10
Finances
Alterations in the budget, Charter Section 7.07
Anticipation certificates, Charter Section 7.10
Bank loans, Charter Section 7.12
City indebtedness, Charter Section 7.09
Commission action on budget, Charter Section 7.05

HOME RULE CHARTER (Cont=d)
Finances (Cont=d)
Commission to control finances, Charter Section 7.01
Emergency debt certificates, Charter Section 7.11
Enforcement of the budget, Charter Section 7.06
Fiscal year, Charter Section 7.02
Funds, Charter Section 7.08
System of taxation, Charter Section 7.03
Submission of budget, Charter Section 7.04
Franchises
Conditions in every franchise, Charter, Section 10.06
Franchises required, Charter, Section 10.01
Limitations, Charter, Section 10.07
Power of regulation reserved, Charter, Section 10.04
Public hearing, Charter, Section 10.03
Renewals or extensions, Charter, Section 10.05
Term, Charter, Section 10.02
Initiative
Action of Commission on petition, Charter, Section 6.06
Initiation of Charter amendments, Charter, Section 6.08
Initiation of measures, Charter, Section 6.03
Initiative ballots, Charter, Section 6.07
Form of petition and of signature papers, Charter, Section 6.04
Filing of petitions and action thereon, Charter, Section 6.05
Further regulations, Charter, Section 6.02
Powers reserved by the people, Charter, Section 6.01
Mayor
Terms of present Mayor and Commissioners, Charter, Section 12.08
Oath of office, Section 12.02
Official bonds, Charter Section 12.04
Official publications, Charter, Section 12.01
Ordinances to make charter effective, Charter, Section 12.12
Pending condemnations and assessments, Charter, Section 12.11
Property of city
Not lost by adverse possession, Charter, Section 12.16
Public improvements
Local improvements regulations, Charter, Section 8.03
Public work; how performed, Charter, Section 8.04
Purchases, Charter, Section 12.13
Real property
Sale of, Charter, Section 12.05

HOME RULE CHARTER (Cont=d)
Recall
Filing of petition, Charter, Section 6.14
Further regulations, Charter, Section 6.02
Form of recall ballot, Charter, Section 6.17
Powers reserved by the people, Charter, Section 6.01
Procedure at recall election, Charter, Section 6.16
Recall election, Charter, Section 6.15
Recall petitions, Charter, Section 6.13
The recall Further regulations, Charter, Section 6.12
Referendum
Further regulations, Charter, Section 6.02
Powers reserved by the people, Charter, Section 6.01
Referendum ballots, Charter, Section 6.11
Referendum petitions, Charter, Section 6.10
The referendum, Charter, Section 6.09
Special assessments
Assessments for services, Charter, Section 8.02
Power to make improvements and levy assessments, Charter, Section 8.01
Statutes
Not affected by charter, Charter, Section 12.09
Streets
Vacation of, Charter, Section 12.06
Taxation
Alterations in the budget, Charter Section 7.07
Anticipation certificates, Charter Section 7.10
Bank loans, Charter Section 7.12
City indebtedness, Charter Section 7.09
Commission action on budget, Charter Section 7.05
Commission to control finances, Charter Section 7.01
Emergency debt certificates, Charter Section 7.11
Enforcement of the budget, Charter Section 7.06
Fiscal year, Charter Section 7.02
Funds, Charter Section 7.08
System of taxation, Charter Section 7.03
Submission of budget, Charter Section 7.04
Unclaimed property
Disposal of, Charter, Section 12.15
Utilities, public ownership and operation
Acquisition and operation of utilities, Charter, Section 11.01
Lease of plant, Charter, Section 11.04
Public utility; how sold, Charter, Section 11.05


HOME RULE CHARTER (Cont=d)
Utilities, public ownership and operation (Cont=d)
Purchase in bulk, Charter, Section 11.03
Rates and finances, Charter, Section 11.02
Word usage, Charter, Section 1.06

HOUSING ADVISORY AND APPEALS BOARD, 31.26

HOUSING CODE
Adopted, 150.23

INDIVIDUAL SEWAGE SYSTEMS
Maintenance of individual sewerage systems, 130.01
Violations, 130.11

INDIVIDUAL SEWAGE TREATMENT SYSTEMS
Additional standards for health and environmental protection, 53.06
Administration, 53.02
Definitions, 53.03
Enforcement, 53.07
General provisions, 53.01
Inspection requirements, 53.05
Permitting, 53.04

INDIVIDUAL WASTEWATER TREATMENT SYSTEMS
Additional standards for health and environmental protection, 53.06
Administration, 53.02
Definitions, 53.03
Enforcement, 53.07
General provisions, 53.01
Inspection requirements, 53.05
Permitting, 53.04

INITIATIVE (See also HOME RULE CHARTER)
Action of Commission on petition, Charter, Section 6.06
Initiation of Charter amendments, Charter, Section 6.08
Initiation of measures, Charter, Section 6.03
Initiative ballots, Charter, Section 6.07
Form of petition and of signature papers, Charter, Section 6.04
Filing of petitions and action thereon, Charter, Section 6.05
Further regulations, Charter, Section 6.02
Powers reserved by the people, Charter, Section 6.01


JUNK
Refuse, recycling and disposal; junk and nuisances; requirement; prohibitions and
  remedies, 91.01

JUNK DEALERS, 111.08

KENNELS, 111.10

LAND USE, TSO III

LEAVES
Open burning of leaves, 91.03

LEGAL DEPARTMENT, 31.07

LIBRARY
Library Board, 31.24

LIBRARY BOARD, 31.24

LIQUOR (See ALCOHOLIC BEVERAGES)

LOCAL LODGING TAX
Administration of lodging tax, 33.12
Advertising no lodging tax, 33.04
Appeals, 33.14
Application of payments, 33.10
Collections, 33.05
Definitions, 33.02
Enforcement, 33.11
Examination of records, 33.13
Exceptions and exemptions, 33.03
Failure to file/pay, 33.16
Failure to file return, 33.08
Imposition of tax, 33.01
Interest, 33.09
Payments and returns, 33.06
Processing returns, 33.07
Use of the proceeds, 33.15

MAINTENANCE OF PRIVATE PROPERTY
Applicability, 131.03
Board of Review, 131.05
Definitions, 131.02

MAINTENANCE OF PRIVATE PROPERTY (Cont=d)
Enforcement, violations and appeal, 131.07
Indemnification, 131.06
Property maintenance standards, 131.04
Purpose, 131.01

MAYOR (See also COMMISSION, CITY; HOME RULE CHARTER)
Home Rule Charter
Acting mayor, Charter, Section 2.08
Mayor, Charter, Section 2.07
Salaries of Mayor and Commission, 30.11
Terms of present Mayor and Commissioners, Charter, Section 12.08

MEETINGS (See also HOME RULE CHARTER)
Commission meetings; time and place, 30.02
Home Rule Charter
Commission meetings, Charter, Section 4.01
Rules op procedure and quorum, Charter, Section 4.02
Special meetings, 30.03

METALLIC MINERALS MINING
Shoreland use regulation
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry and
  extractive uses and mining of metallic minerals and peat, 151.40

MINING
Bond or irrevocable letter of credit requirement, 113.11
Conditional use permit application, 113.04
DWSMA operating conditions; one‑year time of travel, 113.08
Environmental considerations, 113.05
Existing operations, 113.12
General operating conditions, 113.06
General provisions, 113.03
Purpose, 113.01
Reclamation, 113.10
Scope and applicability, 113.02
Temporary processing, 113.07
Ten‑year time of travel operating conditions, 113.09
Termination of permit, 113.13


MINORS
Alcoholic beverages
Minors; unlawful acts, 112.14
Curfew for minors, 130.12
Violations, 130.11

MOBILE HOME PARKS
Administration, 150.48
Definitions, 150.40
Inspections, 150.45
License to be renewed annually, 150.49
Mobile home park requirements, 150.43
Nonconforming uses, 150.47
Notices, hearing and orders, 150.46
Permits for construction, 150.44
Requirements, 150.41
Unlawful acts, 150.42

MOTOR VEHICLES
Automobile washing, 111.09
Crimes and offenses
Abandoning a motor vehicle, 130.10
Violations, 130.11
Disposal of abandoned motor vehicles, unclaimed property and excess property, 32.01
Parking regulations
Direction to proceed, 71.05
General parking prohibitions, 71.02
Impounding and removing vehicles, 71.10
Loading zones, 71.11
Parallel parking, 71.06
Parking for the purpose of advertising or selling merchandise, 71.14
Parking hours, 71.08
Parking on private property without consent, 71.16
Physically disabled parking, 71.15
Presumption, 71.01
Recreational camping vehicle parking, 71.03
Snow removal, 71.09
Streets without curb, 71.07
Unattended vehicle, 71.12
Unauthorized removal, 71.04
Vehicle repair on street, 71.13

MOTOR VEHICLES (Cont=d)
Traffic regulations
Exhibition driving, 70.04
Highway Traffic Regulation Act adopted by reference, 70.01
Recreational motor vehicles (including snowmobiles), 70.05
Special vehicle use by disabled, 70.06
Truck route, 70.02
U‑turns, 70.03
Used motor vehicle dealers, 111.06

MUNICIPAL DISPENSARY, 112.32

NAME, CITY, Charter, Section 1.01

NOISY PARTIES
Public protections; crimes and offenses, 130.07
Violations, 130.11

NUDITY
Alcoholic beverages
Nudity or obscenity prohibited, 112.35

NUISANCES
Open burning of leaves, 91.03
Refuse, recycling and disposal; junk and nuisances; requirement; prohibitions and
  remedies, 91.01
Shade tree disease control and prevention, 91.02

OATH OF OFFICE, Section 12.02

OBSCENITY
Alcoholic beverages
Nudity or obscenity prohibited, 112.35

OBSTRUCTIONS, PUBLIC PROPERTY
Public protection; crimes and offenses, 130.09
Violations, 130.11

OFFICERS OF CITY
City officers not to be interested in contracts, Charter, Section 12.03

OFFICIAL BONDS (See HOME RULE CHARTER)

OFFICIAL PUBLICATIONS, Charter, Section 12.01


ORDINANCES (See also HOME RULE CHARTER)
Existing ordinances continued, Charter, Section 12.10
Home Rule Charter
Codification of ordinances, Charter, Section 4.05
Ordinance adoption, amendment and repeal procedure, Charter, Section 4.04
Ordinances, resolutions, and motions, Charter, Section 4.03

ORGANIZATIONS OF THE CITY
Boards and Commissions of the City
Airport Zoning Board, 31.23
Boards and commissions generally, 31.20
Cable Television Advisory Board, 31.25
Housing Advisory and Appeals Board, 31.26
Library Board, 31.24
Park Board, 31.22
Planning Board, 31.21
Departments of the City
Department of Airport, Parks and Buildings, 31.03
Department of Finance, 31.05
Department of Public Safety, 31.06
Department of Public Works, 31.02
Department of Sanitary Services and Water, 31.04
Departments generally, 31.01
Legal Department, 31.07

PARK
Park Board, 31.22

PARK BOARD, 31.22

PARKING LOTS
Consumption and possession of alcoholic beverages on streets, public property and private
  parking lots to which the public has access, 112.16

PARKING REGULATIONS
Direction to proceed, 71.05
General parking prohibitions, 71.02
Impounding and removing vehicles, 71.10
Loading zones, 71.11
Parallel parking, 71.06
Parking for the purpose of advertising or selling merchandise, 71.14
Parking hours, 71.08
Parking on private property without consent, 71.16

PARKING REGULATIONS (Cont=d)
Physically disabled parking, 71.15
Presumption, 71.01
Recreational camping vehicle parking, 71.03
Snow removal, 71.09
Streets without curb, 71.07
Unattended vehicle, 71.12
Unauthorized removal, 71.04
Vehicle repair on street, 71.13

PARKS
Department of Airport, Parks and Buildings, 31.03
Public parks, 130.08
Public protection, crimes and offenses, 130.08
Violations, 130.11

PEAT MINING
Shoreland use regulation
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry and
  extractive uses and mining of metallic minerals and peat, 151.40

PERSONNEL OF THE CITY
Personnel rules and regulations, 32.02

PHYSICALLY DISABLED
Parking, 71.15

PLANNED UNIT DEVELOPMENT (PUD)
Shoreland regulations, 151.05
Zoning; General Regulations
Planned Unit Development (PUD), 153.076

PLANNING BOARD, 31.21

POLICIES OF THE CITY
Disposal of abandoned motor vehicles, unclaimed property and excess property, 32.01
Franchises, 32.05
Partial prepayment of special assessments, 32.04
Personnel rules and regulations, 32.02
Program to defer payment of special assessments for senior citizens and retired disabled
  homeowners, 32.06
Special assessment policy, 32.03

POOL, 111.04


PROPERTY, EXCESS
Disposal of abandoned motor vehicles, unclaimed property and excess property, 32.01

PROPERTY, UNCLAIMED
Disposal of abandoned motor vehicles, unclaimed property and excess property, 32.01

PROPERTY OF CITY (See also HOME RULE CHARTER)
Not lost by adverse possession, Charter, Section 12.16

PUBLIC IMPROVEMENTS
Local improvements regulations, Charter, Section 8.03
Public work; how performed, Charter, Section 8.04

PUBLIC PROPERTY
Consumption and possession of alcoholic beverages on streets, public property and private
  parking lots to which the public has access, 112.16
Obstructions on public property, 130.09
Violations, 130.11

PUBLIC PROTECTION
Abandoning a motor vehicle, 130.10
Animal licensing and regulation, 130.03
Animals and fowl; keeping, transporting, treatment, housing, 130.04
Curfew for minors, 130.12
Dangerous weapons and articles, 130.02
Disorderly conduct, 130.06
Fire Code; flammable and explosive material, 130.05
Maintenance of individual sewerage systems, 130.01
Noisy parties; disorderly conduct, 130.07
Obstructions on public property, 130.09
Public parks, 130.08
Violations, 130.11

PURCHASES, Charter, Section 12.13

REAL PROPERTY
Sale of, Charter, Section 12.05

RECALL (See also HOME RULE CHARTER)
Filing of petition, Charter, Section 6.14
Further regulations, Charter, Section 6.02
Form of recall ballot, Charter, Section 6.17
Powers reserved by the people, Charter, Section 6.01

RECALL (Cont=d)
Procedure at recall election, Charter, Section 6.16
Recall election, Charter, Section 6.15
Recall petitions, Charter, Section 6.13
The recall Further regulations, Charter, Section 6.12

RECREATIONAL MOTOR VEHICLES, 70.05

RECYCLING
Refuse, recycling and disposal; junk and nuisances; requirement; prohibitions and
  remedies, 91.01

REFERENDUM (See also HOME RULE CHARTER)
Further regulations, Charter, Section 6.02
Powers reserved by the people, Charter, Section 6.01
Referendum ballots, Charter, Section 6.11
Referendum petitions, Charter, Section 6.10
The referendum, Charter, Section 6.09

REFUSE (See also GARBAGE)
Garbage and refuse haulers, 111.07
Refuse, recycling and disposal; junk and nuisances; requirement; prohibitions and
  remedies, 91.01

RESOLUTIONS (See also HOME RULE CHARTER)
Home Rule Charter
Resolutions, Charter, Section 4.06

REZONING, TSO V

ROADS (See STREETS)

SANITARY PROVISIONS
Shoreland use regulation
Zoning and Water Supply/Sanitary Provisions
Conditional uses, 151.41
Lot area and width standards, 151.35
Nonconformities, 151.43
Placement, design and height of structures, 151.36
Placement and design of road, driveways and parking areas, 151.38
Shoreland alteration, 151.37
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry
  and extractive uses and mining of metallic minerals and peat, 151.40


SANITARY PROVISIONS (Cont=d)
Shoreland use regulation (Cont=d)
Stormwater management, 151.39
Subdivision/platting provisions, 151.44
Water supply and sewage treatment, 151.42

SANITATION
Department of Sanitary Services and Water, 31.04

SELLING MERCHANDISE
Parking for the purpose of advertising or selling merchandise, 71.14

SEWERAGE SERVICE
Definitions, 52.01
Department of Sanitary Services and Water, 31.04
Generally
Certification required prior to tapping or connection, 50.05
Contractual contents, 50.03
Definitions, 50.01
Fixing rates and charges for municipal utilities, 50.02
Removing Extraneous Water from Entering the City=s Sanitary Sewer Collection System
Definition, 50.20
Extraneous waters, 50.21
Powers and authority of inspectors, 50.23
Sewers and connections, 50.22
Rules and regulations relating to municipal utilities, 50.04
Powers and authority of inspectors, 52.06
Private wastewater disposal, 52.03
Sanitary sewers, building sewers and connections, 52.04
Sewer service charges, 52.08
Sewerage facilities
Subdivision regulations
Requirements for Improvements, Reservations and Design
Sewerage facilities, 152.30
Use of public sewers required, 52.02
Use of the public sewers, 52.05
Violations, 52.07

SHORELAND USE REGULATION
Administration, 151.04
Definitions, 151.03
General provisions, 151.02
Planned unit developments (PUDs), 151.05
Statutory authorization and policy, 151.01

SHORELAND USE REGULATION (Cont=d)
Shoreland Classification System and Land Use Districts
Land use district descriptions, 151.21
Shoreland Classification System, 151.20
Zoning and Water Supply/Sanitary Provisions
Conditional uses, 151.41
Lot area and width standards, 151.35
Nonconformities, 151.43
Placement, design and height of structures, 151.36
Placement and design of road, driveways and parking areas, 151.38
Shoreland alteration, 151.37
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry
  and extractive uses and mining of metallic minerals and peat, 151.40
Subdivision/platting provisions, 151.44
Water supply and sewage treatment, 151.42

SHOWS, 111.03

SIDEWALKS
Materials on street or sidewalk, 90.03
Right‑Of‑Way Construction Regulations
Abandoned facilities; removal of abandoned facilities, 90.34
Appeal, 90.35
Damage to other facilities, 90.31
Definitions and adoption of rules by reference, 90.16
Denial of permit, 90.23
Election to manage the public right‑of‑way, 90.15
Indemnification and liability, 90.33
Inspection, 90.25
Installation requirements, 90.24
Issuance of permit; conditions, 90.19
Location of facilities, 90.30
Mapping data; information required, 90.29
Permit applications, 90.18
Permit fees, 90.20
Permit requirement, 90.17
Reservation of regulatory and police powers, 90.36
Revocation of permits, 90.28
Right‑of‑way patching and restoration, 90.21
Right‑of‑way vacation, 90.32
Supplementary applications, 90.22
Supplementary notification, 90.27
Work done without a permit, 90.26

SIDEWALKS (Cont=d)
Street and sidewalk obstruction, 90.02
Unloading on street or sidewalk, 90.01

SIGNS, 153.068

SNOW REMOVAL, 71.09

SNOWMOBILES, 70.05

SOLID WASTE (See also REFUSE)
Zoning; General Regulations
Garbage and trash, 153.072

SPECIAL ASSESSMENTS (See also HOME RULE CHARTER)
Assessments for services, Charter, Section 8.02
Partial prepayment of special assessments, 32.04
Power to make improvements and levy assessments, Charter, Section 8.01
Program to defer payment of special assessments for senior citizens and retired disabled
  homeowners, 32.06
Special assessment policy, 32.03

SPORTS FACILITY
Sports, convention or cultural facilities license, 112.25

STATUTES (See also HOME RULE CHARTER)
Not affected by charter, Charter, Section 12.09

STORM WATER UTILITY
Adjustments and general policy, 54.05
Definitions, 54.03
Establishment of a storm water utility, 54.02
Purpose, 54.01
Rates and charges, 54.04
Storm Water Utility Credit Policy, Ch. 54, Appendix A

STORMWATER AND DRAINAGE
Subdivision regulations
Requirements for Improvements, Reservations and Design
Stormwater/drainage management, 152.31

STREET VACATIONS (See also HOME RULE CHARTER)
List of vacated streets, TSO IV
Vacation of, Charter, Section 12.06


STREETS
Consumption and possession of alcoholic beverages on streets, public property and private
  parking lots to which the public has access, 112.16
Materials on street or sidewalk, 90.03
Parking regulations
Direction to proceed, 71.05
General parking prohibitions, 71.02
Impounding and removing vehicles, 71.10
Loading zones, 71.11
Parallel parking, 71.06
Parking for the purpose of advertising or selling merchandise, 71.14
Parking hours, 71.08
Parking on private property without consent, 71.16
Physically disabled parking, 71.15
Presumption, 71.01
Recreational camping vehicle parking, 71.03
Snow removal, 71.09
Streets without curb, 71.07
Unattended vehicle, 71.12
Unauthorized removal, 71.04
Vehicle repair on street, 71.13
Right‑Of‑Way Construction Regulations
Abandoned facilities; removal of abandoned facilities, 90.34
Appeal, 90.35
Damage to other facilities, 90.31
Definitions and adoption of rules by reference, 90.16
Denial of permit, 90.23
Election to manage the public right‑of‑way, 90.15
Indemnification and liability, 90.33
Inspection, 90.25
Installation requirements, 90.24
Issuance of permit; conditions, 90.19
Location of facilities, 90.30
Mapping data; information required, 90.29
Permit applications, 90.18
Permit fees, 90.20
Permit requirement, 90.17
Reservation of regulatory and police powers, 90.36
Revocation of permits, 90.28
Right‑of‑way patching and restoration, 90.21
Right‑of‑way vacation, 90.32
Supplementary applications, 90.22
Supplementary notification, 90.27
Work done without a permit, 90.26


STREETS (Cont=d)
Street and sidewalk obstruction, 90.02
Subdivision regulations
Requirements for Improvements, Reservations and Design
Intersections, 152.38
Roads, 152.35
Street lights, 152.37
Traffic regulations
Exhibition driving, 70.04
Highway Traffic Regulation Act adopted by reference, 70.01
Recreational motor vehicles (including snowmobiles), 70.05
Special vehicle use by disabled, 70.06
Truck route, 70.02
U‑turns, 70.03
Unloading on street or sidewalk, 90.01
Zoning; General Regulations
Off‑street loading, 153.070
Off‑street parking, 153.069

SUBDIVISION OF LAND
Applicability, 152.04
Application procedure, 152.07
Authority and purpose, 152.02
Completion and maintenance of improvements, 152.08
Conflicts, 152.12
Definitions, 152.03
Enforcement, 152.09
Exceptions, 152.05
General exception, 152.11
Metes and bounds subdivision, 152.06
Requirements for Improvements, Reservations and Design
Adequate public facilities, 152.27
Blocks, 152.36
Comprehensive master plan consistency required, 152.28
Conformance to applicable rules and regulations, 152.26
Extension policies, 152.32
Intersections, 152.38
Land reservation and public use, 152.41
Landscaping and screening, 152.43
Lot improvements, 152.34
Monuments, 152.33
Nonresidential subdivisions, 152.25
Preservation of natural features and amenities, 152.42
Roads, 152.35

SUBDIVISION OF LAND (Cont=d)
Requirements for Improvements, Reservations and Design (Cont=d)
Sewerage facilities, 152.30
Sidewalks, 152.39
Stormwater/drainage management, 152.31
Street lights, 152.37
Utilities, 152.40
Water facilities, 152.29
Subdivision application fee, 152.13
Subdivision Review Checklist, Ch. 152, App. A
Subdivision/platting provisions, 151.44
Title, 152.01
Violations, 152.10

SUNDAY SALES, 112.24

TATTOOS
Application review and investigation, 115.05
Conditions of license, 115.08
Definitions, 115.02
Health and sanitation requirements, 115.10
Inspections, 115.09
License application, 115.04
License requirements and procedure, 115.03
Location restrictions, 115.06
Persons not eligible for license, 115.07
Purpose, 115.01
Violations, 115.11

TAXATION (See also HOME RULE CHARTER)
Alcoholic beverages
Delinquent taxes and charges, 112.04
Alterations in the budget, Charter Section 7.07
Anticipation certificates, Charter Section 7.10
Bank loans, Charter Section 7.12
City indebtedness, Charter Section 7.09
Commission action on budget, Charter Section 7.05
Commission to control finances, Charter Section 7.01
Emergency debt certificates, Charter Section 7.11
Enforcement of the budget, Charter Section 7.06
Fiscal year, Charter Section 7.02
Funds, Charter Section 7.08

TAXATION (Cont=d)
Local Lodging Tax
Administration of lodging tax, 33.12
Advertising no lodging tax, 33.04
Appeals, 33.14
Application of payments, 33.10
Collections, 33.05
Definitions, 33.02
Enforcement, 33.11
Examination of records, 33.13
Exceptions and exemptions, 33.03
Failure to file/pay, 33.16
Failure to file return, 33.08
Imposition of tax, 33.01
Interest, 33.09
Payments and returns, 33.06
Processing returns, 33.07
Use of the proceeds, 33.15
System of taxation, Charter Section 7.03
Submission of budget, Charter Section 7.04

TAXICABS, 111.05

TOBACCO; PRODUCTS
Basis for denial of license, 116.05
Compliance checks and inspections, 116.10
Definitions, 116.02
Exceptions and defenses, 116.13
Fees, 116.04
License, 116.03
Other illegal acts, 116.11
Prohibited sales, 116.06
Purpose, 116.01
Responsibility, 116.09
Self‑service sales, 116.08
Vending machines, 116.07
Violations, 116.12

TRAFFIC REGULATIONS
Exhibition driving, 70.04
Highway Traffic Regulation Act adopted by reference, 70.01
Recreational motor vehicles (including snowmobiles), 70.05

TRAFFIC REGULATIONS (Cont=d)
Special vehicle use by disabled, 70.06
Truck route, 70.02
U‑turns, 70.03

TRASH
Zoning; General Regulations
Garbage and trash, 153.072

TREES
Shade tree disease control and prevention, 91.02

TRUCK ROUTE, 70.02

U‑TURNS, 70.03

UNCLAIMED PROPERTY (See also HOME RULE CHARTER)
Disposal of, Charter, Section 12.15

USED MOTOR VEHICLE DEALERS, 111.06

UTILITIES
Subdivision regulations
Requirements for Improvements, Reservations and Design
Utilities, 152.40

UTILITIES, CITY (See also UTILITIES, PUBLIC OWNERSHIP AND OPERATION)
Certification required prior to tapping or connection, 50.05
Contractual contents, 50.03
Definitions, 50.01
Fixing rates and charges for municipal utilities, 50.02
Removing Extraneous Water from Entering the City=s Sanitary Sewer Collection System
Definition, 50.20
Extraneous waters, 50.21
Powers and authority of inspectors, 50.23
Sewers and connections, 50.22
Rules and regulations relating to municipal utilities, 50.04

UTILITIES, PUBLIC OWNERSHIP AND OPERATION (See also UTILITIES, CITY; HOME
  RULE CHARTER)
Acquisition and operation of utilities, Charter, Section 11.01
Lease of plant, Charter, Section 11.04
Public utility; how sold, Charter, Section 11.05

UTILITIES, PUBLIC OWNERSHIP AND OPERATION (Cont=d)
Purchase in bulk, Charter, Section 11.03
Rates and finances, Charter, Section 11.02

VEHICLE REPAIR
Vehicle repair on street, 71.13

WATER
Certification required prior to tapping or connection, 50.05
Contractual contents, 50.03
Definitions, 50.01
Department of Sanitary Services and Water, 31.04
Fixing rates and charges for municipal utilities, 50.02
Removing Extraneous Water from Entering the City=s Sanitary Sewer Collection System
Definition, 50.20
Extraneous waters, 50.21
Powers and authority of inspectors, 50.23
Sewers and connections, 50.22
Rules and regulations relating to municipal utilities, 50.04
Shoreland use regulation
Zoning and Water Supply/Sanitary Provisions
Conditional uses, 151.41
Lot area and width standards, 151.35
Nonconformities, 151.43
Placement, design and height of structures, 151.36
Placement and design of road, driveways and parking areas, 151.38
Shoreland alteration, 151.37
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry
  and extractive uses and mining of metallic minerals and peat, 151.40
Stormwater management, 151.39
Subdivision/platting provisions, 151.44
Water supply and sewage treatment, 151.42

WATER FACILITIES
Subdivision regulations
Requirements for Improvements, Reservations and Design
Water facilities, 152.29

WATER SERVICES
Abandoned services penalties, 51.03
Code requirement, 51.11
Deficiency of water and shutting off water, 51.01
Opening hydrants, 51.08
Private fire hose connections, 51.07


WATER SERVICES (Cont=d)
Private water supplies, 51.05
Prohibited uses or restricted hours, 51.06
Repair of leaks, 51.02
Service pipes, 51.04
Unmetered service, 51.09
Water meters, 51.10

WEAPONS
Dangerous weapons and articles, 130.02
Violations, 130.11

WINE (See ALCOHOLIC BEVERAGES)

WORKER=S COMPENSATION
Alcoholic beverages
Worker=s compensation, 112.19
Contractors and city officers, 30.12

ZONING
Airport Zoning Board, 31.23
Shoreland use regulation
Zoning and Water Supply/Sanitary Provisions
Conditional uses, 151.41
Lot area and width standards, 151.35
Nonconformities, 151.43
Placement, design and height of structures, 151.36
Placement and design of road, driveways and parking areas, 151.38
Shoreland alteration, 151.37
Special provisions for commercial, industrial, public/semi‑public, agricultural, forestry
  and extractive uses and mining of metallic minerals and peat, 151.40
Stormwater management, 151.39
Subdivision/platting provisions, 151.44
Water supply and sewage treatment, 151.42

ZONING CODE
Administration and enforcement, 153.008
Application, 153.002
Compliance, 153.003
Conditional uses, 153.006
Definitions, 153.004
General Regulations
Accessory uses, 153.066
Garbage and trash, 153.072

ZONING CODE (Cont=d)
General Regulations (Cont=d)
Home occupations, 153.074
Landscaping and screening, 153.071
Nonconforming uses, 153.065
Off‑street loading, 153.070
Off‑street parking, 153.069
Outdoor storage, 153.075
Planned Unit Development (PUD), 153.076
Signs, 153.068
Special exceptions, 153.067
Temporary structures, 153.073
Height regulation/solar access, 153.005
Jurisdiction, 153.001
Lot and Yard Requirements
General requirements, 153.050
Lot, yard and density requirements, 153.051
Permitted and Conditional Uses
Conditional uses, 153.036
Permitted uses, 153.035
Rezoning, 153.007
Zoning Districts
District boundaries, 153.024
District requirements, 153.021
Districts of the city, 153.020
Uses not provided, 153.022
Zoning map, 153.023