100.01.
City
Code. Subdivision 1. How cited. This code of
ordinances shall be known as the Askov City Code and may be so cited.
Subd. 2. Additions. New ordinances proposing amendments or
additions to the code shall be assigned appropriate code numbers and shall be
incorporated into the code as of their effective date. Reference or citation to the code shall be
deemed to include such amendments and additions. When an ordinance is integrated into the
code, there may be omitted from the ordinance the title, enacting clause,
section numbers, definition 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 clerk, in cooperation with the city attorney, may correct obvious
grammatical, punctuation, and spelling errors; change reference numbers to
conform with sections, articles, and chapters; substitute figures for written
words and vice versa; 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.
Subd. 3. Numbering. Each section number of this code consists of
two component parts separated by a decimal. The first digit of the number refers to that chapter number and the
digits after the period refer to the position of the section within the
chapter. If the chapter is divided into
parts, the figure immediately to the left of the decimal corresponds to the
part number.
Subd. 4. Title
headings; cross references. Chapter,
part, section, subdivision, and other
titles shall not be considered part of the subject matter of this code but are
intended for convenience only and not necessarily as comprehensive titles.
Subd. 5. Copies. Copies of this code shall be kept in the
office of the clerk for public
inspection or sale for a reasonable charge.
100.02. Definitions. Subdivision 1. General. Unless the context clearly indicates
otherwise, the following words and
phrases have the meaning given them in this section.
Subd. 2. City. "City" means city of
Askov
.
Subd. 3. State. "State" means state of
Minnesota
.
Subd. 4. Council. "Council" means the city council.
Subd. 5. Clerk. "Clerk" means the city clerk.
Subd. 6. Person. "Person" means any natural individual, firm, partnership,
association, or corporation. As applied
to partnerships or associations, the term includes the partners or members; as
applied to corporations the term includes the officers, agents, or employees.
100.03. Statutory rules adopted. The definitions and rules of construction,
presumptions and miscellaneous provisions pertaining to construction contained
in Minnesota Statutes, Chapter 645, are adopted by reference and made a part of
this code. As so adopted, references in
that chapter to laws and statutes mean provisions of this code and references
to the legislature mean the council.
100.04. Existing rights and
liabilities. The repeal of
prior ordinances and adoption of this code are not be be construed to affect in
any manner rights and liabilities existing at the time of repeal and the
enactment of this code. Insofar as
provisions in this code are substantially the same as pre-existing ordinances,
they shall be considered as continuations thereof and not as new
enactments. Any act done; offense
committed; or right accruing; or liability, penalty, forfeiture, or punishment
incurred or assessed prior to the effective date of this code is not affected
by the enactment of the code.
100.05. Hearings. Subdivision 1. General. Unless otherwise provided in this code, or by
law, every public hearing required by law, ordinance or resolution to be held
on any legislative or administrative matter shall be conducted in accordance
with this section.
Subd. 2. Notice. Every hearing shall be preceded by 20 days mailed notice to all persons
entitled thereto by law, ordinance, or regulation unless only published notice is
required. The notice shall state the
time, place, and purpose of the hearing. Failure to give the notice or defect in it shall not invalidate the
proceedings if a good faith effort has been made to comply with this
subdivision.
Subd. 3. Conduct
of hearing. At the hearing, each
party in interest shall have an opportunity to be heard and to present such
evidence as is relevant to the proceeding. The council may adopt rules governing the conduct of hearings, records
to be made, and such other matters as it deems necessary.
Subd. 4. Record. Upon the disposition of any matter after
hearing, the council shall have prepared a written summary of its findings and
decisions, and enter the summary in the official council minutes.
100.06. Penalties. Subdivisions 1. Petty
misdemeanor. Whenever an act or
omission is declared by this code to be a petty misdemeanor any person
violating the provision shall, upon conviction, be subject to a fine of not
more than $200.
Subd. 2. Misdemeanors. Unless another penalty is expressly provided
in this code, any person violating any provision of this code, or any rule or
regulation adopted in the pursuance thereof, or any other provision of any code
adopted in this code by reference, including any provision declaring an act or
omission to be a misdemeanor, shall, upon conviction, be subject to a fine of
not more than $700 or imprisonment for a term not to exceed 90 days or both,
plus, in either case, the costs of prosecution.
Subd. 3. Separate
violations. Unless otherwise
provided, each act of violation and every day on which a violation occurs or
continues constitutes a separate offense.
Subd. 4. Application
to city personnel. 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
violation unless a penalty is specifically provided for such failure.
100.07. Separability. If any portion of this code or part thereof
hereafter enacted is held invalid or suspended, such invalidity or suspension
shall not apply to any other part of the code unless it is specifically
provided otherwise.
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