HomeMy WebLinkAbout117-17 City Code Ordinance
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 117-17
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;
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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.
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(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.
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➢ 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.
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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
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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
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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 16th day of October 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Published in the Prior Lake American on the 21st day of October 2017.
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Exhibit A
CITY OF PRIOR LAKE
ORDINANCE NO. 117-17
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. 117-17. The full text will be available for
public inspection after October 21, 2017 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 16th day of October 2017.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kirt Briggs, Mayor
Summary published in the Prior Lake American on the 21st day of October 2017.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
CITY OF PRIOR LADE
ORDINANCE NO.117-17 Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
AN ORDINANCE AMENDING' agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
CITY CODE PART 1 BY dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
REPLACING SECTIONSi follows:
101T
104,
RELATING TO TITLE (A)These newspapers have complied with the requirements constituting qualification as a legal
AND APPLICATION; newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
REPEAL,SAVINGS amended.
AND SEVERABILITY;
CONSTRUCTION& , > /
DEFINITIONS;AND (B)The printed public notice that is attached to this Affidavit and identified as No.
GENERAL PENALTY;AND was published on the date or dates and in the newspaper stated in the attached Notice and said
WHICH AMONG OTHER Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
THINGS CONTAIN PENALTY the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
PROVISIONS, inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
The following;is only a andublication of the Notice:
summary of Ordinance No.117-17. p
The full text will be available for
public inspection after October 21, abcdefghijklmnopgrstuvwxyz
2017 by any person during regular
office hours at City Hall or in the
Document Center on the City of `✓t� o , t .
Prior Lake Website. ,
SUMMARY.The Ordinance Laurie A.Hartmann
amends Part 1 of the City Code by
replacing Sections 101 through 104
relating to Title and Application;
Repeal,Savings and Severability; Subscribed and sworn before me on
Construction&Definitions; and
General Penalty.
This ordinance shall become „P
effective from and after its this - day of - " 2017
passage and publication.
Passed by the City Council of
the City of Prior Lake this_16th
day of October 2017. ,x; JY�11VC JN,1N�E
ATTEST: NOTARY DUMC•M'NNESOTA
City Manager les _f ,, -, J/1 &PR
f WYC{WMiSSlON[-:Xl'iRES01131118
Kirt Briggs Ngtry ublic
Mayor
(Published in the Prior Lake
American on Saturday, October
21.2017;No.70g6)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch