Section 210 Administrative Offices Office of Clerk-Administrator Created

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1 CHAPTER 1. GENERAL PROVISIONS Section 100 General Provisions How Code Designated and Cited Rules of Construction and Interpretation Definitions Catchlines of Sections Amendments to Code Unauthorized Alteration or Tampering with Code Effect of Repeal of Ordinances Severability of Parts of Code General Penalty for Violation of Code; Continuing Violations CHAPTER 2. ADMINISTRATION AND OPERATIONS Section 200 General Provisions City elections to be held biennially Mayor s, Councilmembers Terms of Office Salaries Meetings Section 210 Administrative Offices Office of Clerk-Administrator Created Section 220 Park Board Established Appointment Duties and Power Board members to take Oath of Office Removal of Board Members Vacancies on Board Compensation of Board Members Board Meeting; Authority to Adopt Rules; Records to be Kept, Made Public Board to Elect Chair; Authority to Create, Fill Other Offices Board s Expenditures Restricted Year End Report/Annual Budget/Project Plan Meetings Reporting Gifts Finance S-6-1

2 Section 230 Fire Department Fire Department Established Appointment of Fire Chief Appointment of Assistant Chief Appointment of Emergency Medical Responder Director Elected Fire Department Positions Fire Department Positions Appointed by the Fire Chief Executive Committee A Personnel A Relief Association C Emergency Medical Responder Unit C Interference with Department C Section 240 Planning and Zoning Commission C Commission Defined C Commission Continued C Composition of Commission; Appointment of Members; Terms of Office D Commission Members to Take Oath of Office Removal of Commission Members Vacancies in Commission Compensation of Commission Members Commission Meetings; Authority to Adopt Rules; Records to Be Kept, Made Public Commission to Elect Chair; Authority to Create, Fill Other Offices Commission to Submit Report Commission s Expenditures Restricted Commission to Adopt Work Program; Contents of Program Preparation, Adoption of City Plan; Purpose of Plan Procedure to Adopt, Amend City Plan; Certification Required Commission to Recommend Means of Executing City Plan Commission to Prepare Zoning Plan Administrator of Zoning Plan Public Hearing Prerequisite to Commission s Recommendation of and Other Public Purpose Plans Changes, Exceptions, Variances to Zoning and Other Public Purpose Plans Official Map of Street Extensions; Effect of Adoption of Map Land Plats Sale of Land by Reference to Unapproved Plat; Penalty Certain Officers, Boards, Etc., to Recommend Public Works; Commission s Responsibilities re Recommendations S-6-2

3 Section 250 Property Unclaimed Property Abandoned and Junk Motor Vehicles Section 260 Civil Defense General Definitions Civil Defense a Governmental Function Disclaimer of City s Liability Federal and State Regulations to Control Cooperation with Federal, State Authorities and Other Agencies Required Agency Created under Emergency Response Manager s Control; Organization Functions of Agency Generally Certain Individuals Not to Be Employed, Associated with Agency Agency Appointees to Take Oath Agency Participation in Politics, Labor Disputes Office of Emergency Response Manager Appointment, Removal of Emergency Response Manager Emergency Response Manager s General Responsibility Specific Powers and Duties of Emergency Response Manager Enumerated Emergency Response Manager s Compensation Volunteer Insignia, Identification When Volunteers May Be Called into Service When Volunteers May Carry Firearms Compensation of Volunteers Applicability of Personnel Procedures to Volunteers Special Deputy Officers City Department, Agency Heads to Be Governed by Emergency Response Manager Responsibility for Administration, Command of Emergency Personnel City Department, Agency Heads Responsible for Planning, Programming City Department, Agency Personnel and Officers to Cooperate, Render Services, Facilities Performance of Comprehensive Plan Required; Modification of Plan Mutual Aid Agreements Generally Emergency Regulations Authority to Enter into Contracts, Incur Indebtedness in Emergencies; Procedure S-2-3

4 Funds and Financial Procedures Prohibited Illumination a Nuisance; Abatement Authorized Civil Defense Advisory Committee Section 270 Excessive Force Prohibition Excessive Force Prohibited CHAPTER 3. LICENSES AND REGULATIONS Section 300 Junk Dealers and Junkyards License Required Where Application for License Made; Contents of Application Authority to Issue License upon Payment of Fee, Filing Bond Licenses to Be Signed, Attested Expiration of License Licensee to Maintain Register; Contents of Register; Penalty Exhibition of Register, Personal Property Required; Penalty Location of Junk Restricted Fencing Requirements Materials Causing Stench Not to Be Kept Section 310 Peddlers, Solicitors, Transient Merchants Definitions and Interpretation Exceptions to Definitions Prohibited Activities Section 320 Conducting Dances Scope and Definition Permits Application Granting of a Permit Penalty Section 330 Gambling Purpose Provisions of State Law Adopted License Requirement Profits Conduct of Gambling Bond Qualifications of Gambling Manager Compensation Reporting Requirements Separation of Funds S-6-4

5 Monthly Reports Eligible Premises Prizes Penalties Section 340 Tobacco License Required Definitions License to be Displayed License Restrictions Sales To Minors Compliance Checks and Inspections Violations Penalty Section 350 Fireworks Purpose Consumer Fireworks License Provisions Conditions of License License Bond License Fee License Denial, Suspension and Revocation Section 360 Garbage Purpose License Application Registration Fee General Terms Section 370 Fire Department Repository Unit Fire Department Repository Unit - Required Keys Required Access to Fire Department Repository Unit Rules and Regulations Update of Keys and Information Limitation of Liability Compliance CHAPTER 4. ALCOHOLIC BEVERAGES Section 400 Definitions Definitions S-6-5

6 Section 410 Malt Liquors Applicability of Section License Required to Sell at Retail Classification of Licenses Scope of Licenses; to Whom On-Sale License Issued Application for License Council to Consider Application License Fees Number of Malt Liquor Licenses Restricted Premises Restrictions Ineligible Persons Granting of License after Second Violation Expiration Date of Licenses Violation of State Law Grounds for License Revocation Hours of Sale Sale to Person under Twenty-one (21) Years of Age Sale at Amusement Places Licensed Premises to Be Open for Inspection Section 420 Intoxicating Liquors License Required Application for Licenses License Fees Granting of Licenses Persons Ineligible for License Places Ineligible for License Condition of License Restrictions on Purchase and Consumption Suspension and Revocation A Limit on Issuance of Licenses B Licensing of Bottle Clubs B Section 430 General Provisions Gambling Prohibited Racial Discrimination; Clubs License Limited to Space Specified Persons Eligible for Licenses Sales to Obviously Intoxicated Persons Persons Under Twenty-one (21) Years of Age; Illegal Acts Provision of State Law Adopted License Posting Limitation of Issuance of Licenses Refunds Tampering or Refilling Bottles S-6-6

7 A Licensee May Not Sell for Resale Sale of Ethyl Alcohol and Neutral Spirits Prohibited License Required Selling and Consuming Alcoholic Beverages on Streets and in Automobiles Nudity Prohibited Penalties CHAPTER 5. ANIMALS AND FOWL Section 500 General Impoundment Prerequisite to Releasing Dog Running at Large Prohibited Abandoning Dogs Prohibited Potentially Dangerous Dog Dangerous Dogs Dogs Which Have Bitten Removal of Excrement CHAPTER 6. NUISANCES AND OFFENSES Section 600 General Public Bathing Clinging to Moving Vehicles Planting Trees, Shrubs, Bushes on Boulevard Portion of Street Obstruction of Pedestrian or Vehicular Traffic, Unlawful Assembly, Trespass Abandoned, Wrecked, Junked Vehicles; Charges Disorderly Conduct Prohibited Conditions on Vacant Lots S-7-7

8 Section 610 Nuisances Affecting Public Health; Morals and Decency; and Peace and Safety Public Nuisance Defined Public Nuisances Affecting Health Public Nuisances Affecting Morals and Decency A Public Nuisances Affecting Peace and Safety A Weed Elimination Reserved E Abatement E Summary Abatement Personal Liability for the Cost of Abatement Assessment Penalty Section 620 Noises General Prohibition Horns, Audible Signaling Devices, Etc Exhaust Defective Vehicles or Loads Loading, Unloading, Unpacking Radios, Tape, Disc Player, Paging Systems Participation in Noisy Parties or Gatherings Loudspeakers, Amplifiers for Advertising, Etc A Animals A Schools, Churches, Nursing Homes, Etc A Recreational Vehicles Domestic Power Equipment Refuse Hauling Construction Activities Variances Enforcement Section 630 Trees Declaration of Policy Forester Position Created Dutch Elm Disease Program Nuisances Declared Removal Required Inspection and Investigation Abatement of Dutch Elm Disease Nuisances Procedure for Removal of Infected Trees and Wood Spraying Elm Trees Transporting Elm Wood Prohibited S-4-8

9 Interference Prohibited Penalty Section 640 Curfew Purpose Definitions Hours - Minors Under the Age of Sixteen Years Hours - Minors Ages Sixteen Years to Eighteen Years Effect on Control by Adult Responsible for Minor Exceptions Duties of Person Legally Responsible for Minor Duties of Other Persons Penalties Defense Section 650 Fire Prevention and Protection Causing, Permitting Fires in Public Streets Construction of Trash Burner Burning within the City Limits Recreational Fires Section 660 Weapons Unlawful Discharge Archery Range Exception Section 670 Indecent Conduct Indecent Conduct Section 675 Garbage Garbage Penalty Section 680 Disorderly House Participating in a Disorderly House Section 685 Outside Wood/Corn Burning Stoves Wood/Corn Burning Stoves Definitions Penalty Section 690 Ultimate Fighting Definition and Purpose Controlled Environment S-5-9

10 Section 695 Garage Sales Prohibition of Sales Regulation of Sales Hours of Sales Property Section 697 Designated Predatory Offender Residency Restrictions Designated Predatory Offender Residency Restrictions Definitions Prohibited Acts Exceptions Property Owners Prohibited from Rental Property to Designated Predatory Offenders in the Exclusion Zones Penalty CHAPTER 7. TRAFFIC AND VEHICLES Section 700 General Adoption of State Traffic Regulations Removal of Violating Vehicles; Authority to Provide Removal Service Duty to Post Signs Restricting, Prohibiting Parking Authority to Place Temporary No Parking Signs; Obedience Required Parking During Certain Hours on Particular Streets/Parking Lots Prohibited Unlawful to Park for a Longer Consecutive Time Than Designated Unlawful to Abandon Vehicles Vehicle Parking Unnecessary Speed Unlawful to Park on City Streets During Snow Removal Unlawful Parking in City Center Parking Lot Other Prohibited Parking Violations A Section 710 Truck Routes A Definitions A Travel Restricted A Truck/Semi-Trailer Parking Restricted A Truck Routes Established B Maps; Signs; Weighing of Vehicles; Liability of Vehicle Owner Criminal Penalties S-7-10

11 Section 720 Snowmobiles Definitions Use Restricted Highway Crossings Traffic Regulations Intersections Persons under Penalty Section 730 Skateboards, In-line Skates, etc Definitions Restricted Use Pedestrians Attachments Use in Street Hours Violations CHAPTER 8. STREETS AND SIDEWALKS Section 800 Driveway/Sidewalks Approval Required Application Forms Approval Expiration Construction Standards Inspection Warranty Repair of Sidewalks Assessment Penalty Section 820 Streets Permit Required Permit Application Permit Agreement Performance Bond Section 830 Right-of-Way Election to Manage the Public Right-of-Way Definitions Administration Registration and Right-of-Way Occupancy Registration Information Reporting Obligations S-7-10A

12 Permit Requirements Permit Applications Issuance of Permit; Conditions Permit Fees Right-of-Way Patching and Restoration Supplementary Applications Denial of Permit Installation Requirements Inspection Work Done Without a Permit Supplementary Notification Revocation Permits Mapping Data Location of Facilities Damage to Other Facilities Right-of-Way Vacation Indemnification and Liability Abandoned Facilities Appeal Reservation of Regulatory and Police Powers CHAPTER 9. PARKS Section 900 General Operating Hours Motorized Vehicles in City Parks Glass Containers Alcoholic Beverages Penalty CHAPTER 10. BUILDING AND HOUSING Section 1000 Minnesota State Building Code State Building Code Adopted Enforcement Section 1005 Certificate of Occupancy Certificate of Occupancy Required Penalty Section 1010 Housing Code Housing Code Adopted Enforcement S-7-10B

13 Section 1020 Unfair or Discriminatory Housing Practices Prohibition Declarations of Fair Housing Policy Prohibited Acts in Regard to Housing Exceptions Enforcement Procedures Statute of Limitations Civil Enforcement Procedure Violation a Misdemeanor Section 1030 Crime Free Housing Registration Certificate Required Application for Registration Certificate Application Forms Issuance of Registration Certificate Notice of Violation/Rejection of Application Failure to Register Certificate of Renewal and Nontransferability Suspension or Revocation of Registration Certificate Fees Definitions Conduct on Licensed Premises License Suspension and Revocation Prospective Tenant Background Investigations S-7-10C

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15 CHAPTER 11. UTILITIES Section 1100 Plumbing Code Minnesota Plumbing Code Adopted Enforcement and Penalty Section 1110 General Penalty for Unauthorized Use of Water, Sewer Service, Connections Authority to Discontinue Water, Sewer Service Section 1120 Water Use of Private Pipes for Water Supply Connection Approval Required Application Fees Investigation of Proposed Installation Required; Report to Council Council Authorized to Accept or Reject Application Intent of Council in Establishing Specifications Costs and Inspections Water Service Pipes Separate Connections Location of Curb Stop Boxes Water Meters Connection Charge Required Water Accounts Carried in Owner s Name Owner s Liability for Water Service When Water Bills Payable Penalty for Delinquent Payments Authority to Set Water Rates Minimum Fee for Use of Water Senior Citizen Discount Delinquent Accounts Procedure for Shutoff of Service Abandoned Water Lines Penalties Section 1130 Sewers Definitions Control of Sewer System Unlawful Deposits Natural Outlets S-3-11

16 Privies Connections Required Insufficient Capacity Connection Application Application Connection Classification Expenses and Liability Separate Connections Required Use of Old Sewers Plumbing Code Connection Elevation Prohibited Connections Minimum Standards Inspection Excavations and Restoration Unpolluted Water Prohibited Discharges Restricted Discharges Response to Improper Discharge Dilution Prohibited Pretreatment Interceptors Access Facility Tests and Measurements Required Tests and Measurements Standards Accidental Discharge Protection and Response Obstruction Prohibited Repairs Car Washes Assessment Special Agreements Tampering and Damage Powers and Authority of Inspectors Private Wastewater Disposal Penalties Section 1140 Sewer Service Charge System Definitions Sewer Charge System Created Proportionate Share Debt Service Charges How Rates Determined Sewer Service Fund User Classification S-3-12

17 Connection Charges General Measurement of Flow Debt Service (Sewer Service Charge for Recovery of Local Construction Costs) Basic User Charge (Operation, Maintenance, Replacement & Debt Service) Surcharge Service Charges Sewer Service Fund Administration Senior Citizen Discount Penalties and Collection Relation to Other Laws Section 1150 Storm Water Utility Storm Water Utility Established Storm Drainage Fees A Exemptions A Billing and Collections B Revenues, Deposits, and Disbursements B Unpaid Charges; Assessment B Periodic Review of Charges B Section 1160 Sub-Drains B Sub-Drains Defined B Specifications C Powers and Authorities of Inspectors C Penalties C Attachment A - Application for Sanitary Sewer Service Connection Attachment B - Receipt Attachment C - Certificate of Inspection, Approval and Permit Attachment D - Sewer Service Charge System CHAPTER 12. SUBDIVISIONS Section 1200 General Provisions Citation Policy Purposes Jurisdiction Statutory Authority S-3-13

18 Interpretation, Conflict, and Separability Saving Provision Amendments Compliance Required Resubdivision of Land Vacation of Plats Variances Enforcement, Violations, and Penalties Section 1210 Definitions and Interpretation Interpretation Words and Terms Defined Section 1220 Procedures for Submission of Plats General Development Plan or Preplat Investigation Preliminary Plat Submittal Public Hearing on Preliminary Plats Planning Commission Recommendation City Council Action -- Preliminary Plat Effect of Approval of Preliminary Plat Final Plat Review of Final Plat Public Hearing on Final Plat City Council Action -- Final Plat Recording Final Plat Section 1230 Subdivision Design Standards General Street Design Intersections Utility Easements Blocks Lots Parks, Playgrounds, and Recreation Areas A Street Lighting Storm Water Drainage Facilities Erosion and Sediment Control Section 1240 Conveyance of Unplatted Land or Portion of a Platted Lot Conveyances Prohibited Section 1250 Required Improvements General Monuments A 2015 S-6-14

19 Section 1255 Sewer Access Charge, Water Access Charge and Storm Water Utility Charge A Utility Availability and Connection Charges A Undeveloped Lots Charges Authorized Computation of Charges Payment of Charges Development Review City Council Authority Section 1260 Costs, Payment, and Performance Bonds Final Plan Development Publicly Financed Improvements Bonds - City Financing Private Financing Plan Approval and Construction Observation Section 1270 Fees Filing Fee Amount CHAPTER 13. ZONING Section 1300 Preamble Title Purpose Compliance Required Interpretation of Standards Severability Section 1305 Definitions Interpretation Definitions Section 1310 Administration and Organization Amendment The Board of Adjustments Variances Enforcement Administrative Compliance Administrative Action for Violations Violations S-6-15

20 Penalties Complaints Regarding Violations Zoning Certificate Expiration of Zoning Certificate Construction and Use To Be as Provided in Applications, Plans, Permits, and Zoning Certificates Conditional Uses: Conditions Governing Applications, Procedures Administrative Records Fees Grading Plan Section 1315 Establishment of Districts Zoning Districts Zoning Map Interpretation of District Boundaries Zoning District Dividing Property Relief from Personal Responsibility Guidelines for Use Interpretation Effect of Favorable Use Interpretation Property Not Included: Annexations Warning and Disclaimer of Liability: Flood Plain Districts Section 1320 Agriculture District Intent Permitted Uses Accessory Uses and Structures Conditional Uses Maximum Building Heights Use Limitations Lot Area, Frontage and Yard Regulations Off-Street Parking and Loading Requirements Design Criteria for Dwellings Section 1325 R-1 Single Family Residential, Low Density Residential Intent Permitted Uses Accessory Uses Conditional Uses Development Regulations Design Criteria for Dwellings Child Care Facilities S-5-16

21 Section 1330 R-2 Medium Density Residential Intent Permitted Uses Accessory Uses Conditional Uses Development Requirements Exceptions and Additions to Standards of Section a Section 1335 R-3 High Density Residential Intent Permitted Uses Accessory Uses Conditional Uses Development Requirements Exceptions and Additions to Standards of Section a Section 1340 PRD - Planned Residential Development Intent Planned Residential Development Section 1345 B-1 Central Business District Intent Permitted Uses Accessory Uses Conditional Uses Bulk Regulations Section 1350 B-2 Highway Commercial District Intent Permitted Uses Accessory Uses Conditional Uses Bulk Regulations Section 1355 M-1 Light Manufacturing District Intent Permitted Uses Accessory Uses Conditional Uses Prohibited Uses Bulk Regulations Special Requirements S-5-17