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HomeMy WebLinkAbout5G City Code Updates Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 16, 2017 AGENDA #: 5G PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE REPLACING SECTIONS 101 THROUGH 104 OF THE CITY CODE AND A RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICATION DISCUSSION: Introduction Staff periodically reviews all City ordinances to determine if updates are needed. Part 1 relating to Administration has, for the most part, not been updated in many years. This agenda item comprises updates and revisions to the first four Sections of Part 1, Sections 101 through 104 which address the following topics: Title and Application; Repeal, Savings and Severability; Construction & Definitions; and General Penalty. We hope to bring you updates and revisions to the remainder of Part 1 over the next several months. The goal is to update for consistency with state law and current city practice and to provide clarity. ISSUES: The attached ordinance provides language that is in line with current City practices and consistent with statutory requirements. FINANCIAL IMPACT: None. ALTERNATIVES: 1. Motion and second to adopt the ordinance and resolution as proposed as part of the consent agenda. 2. Motion and second to remove this item from the consent agenda for discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _____________ AN ORDINANCE AMENDING CITY CODE PART 1 BY REPLACING SECTIONS 101 THROUGH 104, RELATING TO TITLE AND APPLICATION; REPEAL, SAVINGS AND SEVERABILITY; CONSTRUCTION & DEFINITIONS; AND GENERAL PENALTY; AND WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Part 1 is amended by deleting Sections 101 through 104 in their entirety and replacing them with the following: SECTION 101 TITLE AND APPLICATION SUBSECTIONS: 101.100: TITLE 101.200: ACCEPTANCE 101.300: AMENDMENTS 101.400: ADOPTION OF LAWS 101.500: COPIES OF CODE 101.600: FUTURE ORDINANCES 101.100: TITLE: All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, parts, sections, and subsections shall be known and designated as the “Prior Lake City Code”, which also may be referred to as “City Code”, “the Code” or “this Code”. Any internal reference to ordinances, codes, parts, sections, subsections or provisions are presumed to be references to components of this Code unless otherwise specified. All references and citations to this Code shall be deemed to include all additions and amendments to the Code. 101.200: ACCEPTANCE: The City Code shall be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect, except the excluded ordinances enumerated in subsection 102.100. 101.300: AMENDMENTS: Any ordinance amending the City Code shall set forth the section or subsection numbers to be amended and shall be incorporated into the Code as of its effective date. The word "ordinance" contained in the ordinances of the City have been changed in the content of this City Code to "part", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the city manager, in cooperation with the city attorney, may correct obvious grammatical, punctuation and spelling errors; change reference numbers to conform with parts, sections, and subsections; substitute figures for written words and vice versa; 2 of 7 substitute dates for the words "the effective date of this ordinance"; and perform like actions to insure a uniform code of ordinances without, however, altering the meaning of the ordinances enacted. 101.400: ADOPTION OF LAWS: Whenever a provision in this Code adopts the provisions of state or federal law or state or federal regulations by reference it also adopts by reference any subsequent amendments of such law or regulation, except where there is a clearly stated intention to the contrary. 101.500: COPIES OF CODE: Copies of this Code are kept in the office of the City Manager for public inspection and sale for a reasonable charge. 101.600: FUTURE ORDINANCES: All provisions of Part 1 shall apply to ordinances hereafter adopted which amend or supplement this Code unless otherwise specifically provided. SECTION 102 REPEAL, SAVINGS & SEVERABILITY SUBSECTIONS: 102.100: REPEAL OF GENERAL ORDINANCES 102.200: PUBLIC UTILITY ORDINANCES 102.300: REPEAL OR MODIFICATION OF ORDINANCES 102.400: SEVERABILITY CLAUSE 102.100: REPEAL OF GENERAL ORDINANCES: All general ordinances of the City passed prior to the adoption of this Code and pertaining to the subjects addressed by this Code are hereby repealed, except such as are by necessary implication herein reserved from repeal and except that ordinances of a temporary or special nature and ordinances pertaining to subjects not embraced in this Code shall remain in full force and effect. 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. 102.200: PUBLIC UTILITY ORDINANCES: No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this City Code or by virtue of the preceding subsection, excepting as this City Code may contain provisions for such matters, in which case this City Code shall be considered as amending such ordinance or ordinances in respect to such provisions only. 102.300 REPEAL OR MODIFICATION OF ORDINANCES: (1) 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. (2) 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. 3 of 7 (3) 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. 102.400: SEVERABILITY CLAUSE: If any part, section, subsection, paragraph, sentence, clause or phrase of this City Code or any part thereof or its application to any person or circumstance is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. SECTION 103 CONSTRUCTION & DEFINITIONS SUBSECTIONS: 103.100: CONSTRUCTION 103.200: DEFINITIONS, GENERAL 103.100: CONSTRUCTION: (1) Generally. Unless otherwise provided herein, or required by law or implication, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law. (2) Specific rules of interpretation. The construction of this Code and 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 to the context of the Code or ordinance: ➢ AND or OR. Either conjunction shall include the other as if written “and/or”, whenever the context requires. ➢ Gender. A word importing the masculine gender only shall extend and be applied to females, and vice versa, and both shall apply to firms, partnerships, associations and corporations. ➢ Singular and Plural. Any word importing the singular shall include the plural, and any word importing the plural shall include the singular. ➢ Shall; May. The word "shall" is mandatory, and the word "may" is discretionary. ➢ Tense. Words used in the past or present tense shall include the future as well as the past or present. ➢ General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. ➢ Common Usage. All words and phrases shall be construed and understood according to the common and approved usage of language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. ➢ Headings. Headings and captions used in this Code other than the part, section, and subsection numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. ➢ Restrictive. Where the rules of this Code are in conflict, the more restrictive regulation shall apply. ➢ Official Time. Whenever certain hours are named in this Code they shall mean standard time or daylight savings time as may be in current use in the City. 4 of 7 ➢ Reasonable Time. In all cases where this Code requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice is deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice. ➢ Computation of time. The time within which an act is to be done, as herein provided, is 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. ➢ Reference to Officers. Reference to a public employee, office or officer shall be deemed to apply to the office, officer, or employee of the 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. ➢ Delegation of Authority. Whenever a provision appears in this Code requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designates otherwise. 103.200: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code, whether or not capitalized, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto: City, Municipal Corporation or Municipality: The City of Prior Lake, County of Scott, State of Minnesota. City Code or Code: All ordinances of a permanent and general nature of the City, as revised, codified, rearranged, renumbered, and consolidated into component codes, parts, sections, and subsections. City Council or Council: The governing body of the City. City Manager: The person duly appointed by the City Council and acting in such capacity. Conviction: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 5. County: The County of Scott, Minnesota. Crime: Conduct which is prohibited by State statute or this Code and for which the actor may be sentenced to imprisonment, with or without a fine. Felony: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 2. Gross Misdemeanor: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 4. Misdemeanor: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 3. Nuisance: Anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community. 5 of 7 Occupant or Tenant: As applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others. Offense or Violation: A failure to comply with this Code, any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code. Operator: The person who is in charge of any operation, business or profession. Owner: Includes any owner, part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land. Person: Any public or private corporation, firm, partnership, association, organization, government or any other group as a unit, or a natural person. Personal Property: Includes every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein except for real property. Petty Misdemeanor: is defined as set forth in Minn. Stat. Section 609.02, Subd. 4a. Police Officer, Public Safety Officer, or Peace Officer: Every officer, including special police, authorized to direct or regulate traffic, keep the peace, or appointed or employed for the purpose of law enforcement. Real Property. Includes lands, buildings and appurtenances. Retailer: Relates to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. State: The State of Minnesota. Street: Alleys, lanes, courts, boulevard, public ways, public squares, public places and sidewalks. Wholesaler or Wholesale Dealer: Relates to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale. Written, In Writing: Printing or any other mode of representing words and letters. SECTION 104 GENERAL PENALTY SUBSECTIONS: 104.100: GENERAL PENALTY 104.200: APPLICATION OF PROVISIONS 104.300: LIABILITY OF OFFICERS 104.400: ADMINISTRATION AND ENFORCEMENT 104.500: ENTRY ONTO PROPERTY 6 of 7 104.100: GENERAL PENALTY: Any person convicted of a violation of any provision of this City Code, where no other penalty is set forth, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. (Amd. Ord. 113-02, publ. 01/12/13) 104.200: APPLICATION OF PROVISIONS: (1) The penalty provided in this Section shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. A separate offense shall be deemed committed upon each day the violation occurs or continues, unless otherwise specifically provided in this Code. (2) In all cases where the same offense is made punishable or is created by different clauses or subsections of this City Code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (3) In addition to any penalties provided for in this Section, if any person fails to comply with any provision of this Code, the Council or any City official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. (4) The City Code does not authorize an act or omission otherwise prohibited by law. (5) All fines, forfeitures and penalties recovered for the violation of this Code or any ordinance, charter, rule or regulation of the City shall be paid into the City Treasury by the Court or officer thereof receiving such monies. Payment shall be made in the manner, at the time, and in the proportion provided by law. 104.300: LIABILITY OF OFFICERS: No provision of this Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intent of the Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. 104.400: ADMINISTRATION AND ENFORCEMENT: The following employees of the City, while in the course and scope of the performance of their duties as employees, may administer and enforce this Code and may issue citations: Office of City Manager City Manager Assistant City Managers City Clerk Community and Economic Development Department Community and Economic Development Director Community Development Specialist Planner Police Department Chief of Police Community Service/Park Patrol Officers Police Officers 7 of 7 Fire Department Fire Chief Assistant Fire Chiefs Public Works and Natural Resources Department Public Works Director Natural Resources Director Maintenance Supervisor Street and Sewer Foreman Water Foreman Water Resources Engineer Engineering and Inspections Department City Engineer Inspections Director Building Official Building Inspector Code Enforcement Officer Engineering Technician Project Engineer 104.500: ENTRY ONTO PROPERTY: (1) Any official or employee who has the authority or responsibility to enforce this Code may, with the permission of an owner, operator, occupant, or other person in control of any real property, inspect or otherwise enter the Real property to enforce compliance with this Code. (2) If the owner, operator, occupant or other person in control of a property objects to the inspection of or entrance to the real property, the official or employee, may petition and obtain a warrant before conducting the inspection or otherwise entering the real property. (3) Nothing in this section shall be construed to limit the authority of the City to enter real property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety, and welfare. 3. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this ______ day of __________________, 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the ______ day of _________________, 2017. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On _____________the City Council adopted Ordinance No. ____ amending Part 1 of the Prior Lake City Code by replacing Sections 101 through 104 relating to Title and Application; Repeal, Savings and Severability; Construction & Definitions; and General Penalty; and WHEREAS, Minnesota Statutes requires publication of an ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 1 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. _____________ is lengthy. 3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after ______________. PASSED AND ADOPTED THIS _____ DAY OF ___________ 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. __________ CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING CITY CODE PART 1 BY REPLACING SECTIONS 101 THROUGH 104, RELATING TO TITLE AND APPLICATION; REPEAL, SAVINGS AND SEVERABILITY; CONSTRUCTION & DEFINITIONS; AND GENERAL PENALTY; AND WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. ____________. The full text will be available for public inspection after ______________ by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 1 of the City Code by replacing Sections 101 through 104 relating to Title and Application; Repeal, Savings and Severability; Construction & Definitions; and General Penalty. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _____ day of _________ 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the _____ day of ___________, 2017.