CODE OF ORDINANCES CITY OF WALKER, MINNESOTA

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1 CODE OF ORDINANCES CITY OF WALKER, MINNESOTA Publishedin 2016 by Order of the City Council

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3 OFFICIALS of the CITY OF WALKER, MINNESOTA AT THE TIME OF THIS RECODIFICATION Jed Shaw (Mayor) Jim Senenfelder (Councilor) Annie McMurrin (Councilor) Erin Haefele (Councilor) Gary Wilkening (Councilor) City Council Terri Bjorklund Administrator/City Clerk-Treasurer John Valen City Attorney iii

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5 PREFACE This Code constitutes a recodification of the general and permanent ordinances of the City of Walker, Minnesota. Sourcematerialsusedinthepreparationof thecodewerethe2000code,as supplemented through March 6,2016 and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoptionof thecode.byuseof thecomparativetablesappearingintheback of this Code, the reader can locate any section of the 2000 Code, as supplemented, and any subsequent ordinance included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2,andthefirstsectionof chapter6is6-1.underthissystem,eachsectionis identifiedwithitschapter,andatthesametimenewsectionscanbeinsertedin their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered6-1.5.newarticlesandnewdivisionsmaybeincludedinthesamewayor, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new articleordivision.newchaptersmaybeincludedbyusingoneof thereserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. Page Numbering System ThepagenumberingsystemusedinthisCodeisaprefixsystem.Theletters totheleftof thecolonareanabbreviationwhichrepresentsacertainportionof vii

6 thevolume.thenumbertotherightof thecolonrepresentsthenumberof the pageinthatportion.inthecaseof achapterof thecode,thenumbertotheleft of thecolonindicatesthenumberof thechapter.inthecaseof anappendixto the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CODE CODE APPENDIX CODE COMPARATIVE TABLES STATE LAW REFERENCE TABLE CODE INDEX Index CD1:1 CDA:1 CCT:1 SLT:1 CDi:1 The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited,andtheaffectedpageorpageswillbereprinted.thesenewpageswillbe distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keepingthispublicationuptodateatalltimeswilldependlargelyuponthe holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Roger D. Merriam, Senior Code Attorney, and Ramona Connors, Editor, of the Municipal Code viii

7 Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Ms. Terri Bjorklund, Administrator/City Clerk-Treasurer, Mr. John Valen, City Attorney, and Ms. Pamela Smith, City Zoning Administrator, for cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisherhaveresultedinacodeof Ordinanceswhichwillmaketheactivelaw of the city accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs. Copyright All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Walker, Minnesota. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Walker, Minnesota. Copyrightedmaterial. Municipal Code Corporation and the City of Walker, Minnesota ix

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9 Page 1 of 241 TABLE OF CONTENTS PART I...11 CODE OF ORDINANCES...11 Chapter 1 GENERAL PROVISIONS...11 Sec Designation and citation of Code...11 Sec Definitions and rules of construction Sec Catchlines of sections; history notes; references...13 Sec Effect of repeals Sec Amendments to Code Sec Supplementation of Code Sec Severability of parts of Code Sec Code does not affect prior offenses, penalties and rights Sec General penalty Sec Provisions deemed continuation of existing ordinances...16 Sec Certain ordinances not affected by Code...16 Chapter 2 ADMINISTRATION*...24 ARTICLE I. IN GENERAL...24 Sec Form of government Secs Reserved...24 ARTICLE II. CITY COUNCIL*...24 Sec Members; quorum...25 Sec Compensation of mayor and council...25 Secs Reserved...25 ARTICLE III. OFFICERS AND EMPLOYEES*...25 Sec Removal...25 Sec Administrator/city clerk-treasurer Sec City attorney...27 Sec Zoning officer Sec Public works director...27 Secs Reserved...27 ARTICLE IV. DEPARTMENTS*...27 Sec Police department...27 Sec Fire department...27 Sec Public works department Secs Reserved...28 ARTICLE V. BOARD AND COMMISSIONS*...28 Sec Park board Secs Reserved...28 ARTICLE VI. FINANCE*...28 Sec Fees, rates and charges...28 Sec Investment policy Sec Developer's deposit on tax increment financing projects Chapter 3 RESERVED...30 Chapter 4 ALCOHOLIC BEVERAGES*...31 ARTICLE I. IN GENERAL...31 Sec Adoption of state law...31 Sec Bottle clubs Sec Nudity on the premises of licensed establishments prohibited Secs Reserved...32 ARTICLE II. INTOXICATING LIQUOR...32

10 Page 2 of 241 DIVISION 1. GENERALLY...32 Sec Definitions...32 Sec Licensee's responsibility; liability...32 Secs Reserved...32 DIVISION 2. LICENSE*...32 Sec License required Sec License types...32 Sec Applications Sec Insurance Sec Investigation Sec Fees Sec Granting of licenses...34 Sec Person and premises licensed; transfer...34 Sec License restrictions Sec Renewal of licenses...34 Sec Limitation on ownership Sec License conditions Sec Revocation; suspension Secs Reserved...36 ARTICLE III. WINE*...36 DIVISION 1. GENERALLY...36 Sec Definitions...36 Secs Reserved...36 DIVISION 2. LICENSE...36 Sec License required Sec Application...36 Sec Restaurants seating over 25 guests...36 Sec Insurance approval...37 Sec Fees Sec Investigation Sec Granting of licenses...37 Sec Persons and premises licensed; transfer...38 Secs Reserved...38 ARTICLE IV. 3.2 PERCENT MALT LIQUOR*...38 DIVISION 1. GENERALLY...38 Secs Reserved...38 DIVISION 2. LICENSE...38 Sec License required; license types Sec Application...38 Sec Fees Sec License term Sec Brew pub off-sale license (growlers) Sec Brewer taprooms Secs Reserved...40 ARTICLE V. MUNICIPAL LIQUOR STORE*...40 Sec Established Sec Location and operation...40 Sec Fund Sec Hours of operation Sec Sales restrictions Chapter 5 RESERVED...42

11 Page 3 of 241 Chapter 6 ANIMALS*...43 Sec Definitions...43 Sec Vaccination Sec Leashing required...44 Sec Impoundment Sec Nondomestic animals Sec Farm animals and animal unit calculation table Sec Ownership limits Sec Chickens...47 Chapter 7 RESERVED...49 Chapter 8 BUSINESSES...50 ARTICLE I. IN GENERAL...50 Sec Purpose; construction Sec Electricity services franchises...50 Secs Reserved...50 ARTICLE II. BUSINESS LICENSES...50 Sec State and federal licenses Sec Annual licenses...50 Sec Per diem licenses Secs Reserved...51 ARTICLE III. ADULT ORIENTED BUSINESSES*...51 DIVISION 1. GENERALLY...51 Sec Definitions...51 Sec Purpose and intent Sec Application of this article...55 Sec Location...55 Sec Hours of operation Sec Operation Secs Reserved...56 DIVISION 2. LICENSE...56 Sec License required Sec License application Sec License application execution Sec License application verification Sec License application consideration...57 Sec License fees Sec Persons and locations ineligible for a license...58 Sec License restrictions Sec Transfer of license Sec Restrictions regarding license transfer Sec Inspection...60 Sec Expiration and renewal...60 Sec Suspension Sec Revocation...61 Secs Reserved...61 ARTICLE IV. PEDDLERS AND SOLICITORS*...61 Sec Exclusion by placard Chapter 9 RESERVED...63 Chapter 10 CEMETERIES*...64 ARTICLE I. IN GENERAL...64 Sec Cemetery and cemetery association....64

12 Page 4 of 241 Secs Reserved...64 ARTICLE II. EVERGREEN CITY CEMETERY...64 Sec Definitions...64 Sec Penalty Sec General supervision of cemetery Sec Scope...66 Sec Miscellaneous provisions...66 Sec Interments Sec Removals/disinterment Sec Ownership of lots...68 Sec Perpetual care...68 Sec Monuments and markers Sec Decoration of lots...71 Chapter 11 RESERVED...73 Chapter 12 ENVIRONMENT AND NATURAL RESOURCES...74 Sec Private wells and systems...74 Chapter 13 RESERVED...75 Chapter 14 FIRE PREVENTION AND PROTECTION*...76 ARTICLE I. IN GENERAL...76 Secs Reserved...76 ARTICLE II. FIRE CODE...76 Sec Scope...76 Sec Adoption of fire prevention code; modifications...76 Sec Violations Chapter 15 RESERVED...77 Chapter 16 LIBRARIES...78 ARTICLE I. IN GENERAL...78 Secs Reserved...78 ARTICLE II. PUBLIC LIBRARY*...78 Sec Creation...78 Sec Library board...78 Chapter 17 RESERVED...80 Chapter 18 NUISANCES*...81 Sec Public nuisance...81 Sec Public nuisances affecting health Sec Public nuisances affecting morals and decency Sec Public nuisances affecting peace and safety Sec Duties of city officers Sec Abatement...83 Sec Recovery of cost...84 Sec Diseased or dead trees...85 Chapter 19 RESERVED...86 Chapter 20 OFFENSES AND MISCELLANEOUS PROVISIONS...87 Sec Disobeying police Sec Trash; burning Sec Curfew...87 Sec Presence underage persons at gatherings where alcohol served...89 Chapter 21 RESERVED...92 Chapter 22 PARKS AND RECREATION*...93 ARTICLE I. I IN GENERAL...93 Secs Reserved...93

13 Page 5 of 241 ARTICLE II. PUBLIC CONDUCT IN PARKS AND RECREATIONAL FACILITIES...93 Sec Definitions...93 Sec Purpose and scope Sec Enforcement...94 Sec General conduct...94 Sec Protection of natural resources and wildlife Sec Camping...95 Sec Swimming Sec Boating Sec Fishing Sec Horseback riding Sec Meetings, speeches, demonstrations, and parades...96 Sec Vehicles Sec Motorized recreational vehicles Sec Park operation Chapter 23 RESERVED...98 Chapter 24 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*...99 ARTICLE I. IN GENERAL...99 Secs Reserved...99 ARTICLE II. EXCAVATIONS AND OBSTRUCTIONS*...99 DIVISION 1. GENERALLY...99 Sec Definitions and adoption of rules by reference Sec Election to manage the public right-of-way Sec Right-of-way patching and restoration...99 Sec Installation requirements Sec Inspection Sec Supplementary notification Sec Mapping data; information required Sec Location of facilities Sec Damage to other facilities Sec Right-of-way vacation Sec Indemnification and liability Sec Abandoned facilities; removal of abandoned facilities Secs Reserved DIVISION 2. PERMITS Sec Permit requirement Sec Permit applications Sec Issuance of permit; conditions Sec Permit fees Sec Supplementary applications Sec Denial of permit Sec Work done without a permit Sec Revocation of permits Sec Appeal Sec Reservation of regulatory and police powers Secs Reserved ARTICLE III. PUBLIC ASSEMBLIES DIVISION 1. GENERALLY Sec Definitions Sec Applicability Sec Enforcement of license regulations...106

14 Page 6 of 241 Secs Reserved DIVISION 2. LICENSE Sec Required Sec License requirements Sec Application for license Sec Issuance of license Sec Revocation of license Chapter 25 RESERVED Chapter 26 TRAFFIC AND VEHICLES* ARTICLE I. IN GENERAL Sec Adoption of state law Sec Unreasonable acceleration Sec School speed zone Sec Skateboards or roller skates Secs Reserved ARTICLE II. STOPPING, STANDING AND PARKING* Sec Obedience to authorities Sec Display of vehicle for sale Sec Time restrictions Sec Camping Sec Congested district Sec Winter restrictions Secs Reserved ARTICLE III. SNOWMOBILES AND RECREATIONAL MOTOR VEHICLES* Sec Violation by owners and lessors Sec Adoption of state law Sec Commissioner Sec Operation of recreational motor vehicles Sec Age-related restrictions Sec Obedience to signal from officer to stop Sec Speed restrictions Sec Use restrictions Sec Single file operation required Sec Hours of operation Chapter 27 RESERVED Chapter 28 UTILITIES ARTICLE I. IN GENERAL Sec Storm sewer improvement; sewer district Secs Reserved ARTICLE II. WATER SYSTEM* DIVISION 1. GENERALLY Sec Intent Secs Reserved DIVISION 2. PERMITS Sec Permit required Sec Permit application; permit fee Sec Emergency work Sec Permit eligibility Sec Progress reports; inspections Secs Reserved DIVISION 3. PUBLIC WATER SYSTEM CONNECTIONS...120

15 Page 7 of 241 Sec Water connection required Sec Water mains; cocks; stop boxes Sec Connections Secs Reserved DIVISION 4. PUBLIC WATER SERVICE Sec Cost of installation of service Sec Use restrictions Sec Shut-off Sec Defective service; refunds Sec Water supply standards Sec Meters Sec Hydrants Secs Reserved DIVISION 5. RATES AND CHARGES Sec Rates Sec Billing and payment Secs Reserved ARTICLE III. SEWERS AND SEWAGE DISPOSAL DIVISION 1. GENERALLY Sec Intent Secs Reserved DIVISION 2. PERMITS Sec Permit required Sec Permit application Sec Permit issuance Sec Permit fees Sec Connection fee Sec Permit eligibility Sec Progress reports; connection approval Secs Reserved DIVISION 3. PUBLIC SEWER SYSTEMS Sec Sewer connection required Sec Cost of installation, repair, and maintenance to sewer service Sec Material type and requirements Secs Reserved DIVISION 4. RATES AND CHARGES Sec Rates and charges Secs Reserved DIVISION 5. PRIVATE SEWAGE DISPOSAL SYSTEMS Sec Individual sewage treatment generally Sec Privies Sec Septic tanks Sec Drain fields Sec Servicing Chapters RESERVED PART II LAND DEVELOPMENT AND LAND USE ORDINANCES* Chapter 101 GENERAL AND ADMINISTRATIVE PROVISIONS Sec Applicability of chapter Sec Status Chapter

16 Page 8 of 241 RESERVED Chapter 103 AIRPORT ZONING* Sec Short title Sec Definitions Sec Penalties Sec Conflicts Sec Lands affected Sec Purpose and authority Sec Airport zoning administrator Sec Appeals Sec Judicial review Sec Airport zoning map Sec Nonconforming uses; regulations not retroactive Sec Permits Sec Variances Sec Airspace obstruction zoning Sec Land use safety zoning Sec Hazard marking and lighting Chapter 104 RESERVED Chapter 105 BUILDINGS AND BUILDING REGULATIONS* Sec Adoption of building code Sec Procedure for obtaining building permits Sec Adoption of housing code Chapter 106 RESERVED Chapter 107 MANUFACTURED HOMES* Sec Adoption of manufactured home building code; additional requirements..143 Sec On-site location standards Sec Parking Chapter 108 RESERVED Chapter 109 ZONING AND SUBDIVISIONS* ARTICLE I. IN GENERAL Sec Title Sec Penalty Sec Definitions and interpretation Sec Purpose Sec Severability Sec Conflicting provisions Sec Amendments Sec Pre-existing lots Sec Nonconforming uses Sec Building standards and shoreland management Sec Concurrent permits Sec Environmental review Secs Reserved ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec Zoning administrator/building official Sec Board of adjustments and appeals Sec Planning commission Sec City council Sec Conditional use permits Sec Variances

17 Page 9 of 241 Sec Permits and fees Sec Liability of city, board, or employees Sec Equitable remedies Sec Interim use permits Sec Notices Secs Reserved ARTICLE III. ZONING DISTRICTS Sec Zoning districts Sec Land use classification chart Sec Lot size/dimension chart Secs Reserved ARTICLE IV. PLANNING UNIT DEVELOPMENT Sec Generally Sec Mixed use PUDs Sec Procedure and submissions Sec Criteria for PUDs Sec General requirements Sec Minimum lot size requirements Sec Density evaluation Sec Design criteria Sec Administration and maintenance requirements Sec Shoreland and resort conversions Sec Non-shoreland PUDs Secs Reserved ARTICLE V. PERFORMANCE STANDARDS Sec Residential performance standards Sec Commercial/industrial performance standards Sec Signs Sec Nuisances Sec Fences Sec Storage Sec Screening and landscaping Sec Sanitation Sec Trees, woodlands, and soil erosion Sec Parking and loading Sec Drainage Sec Grading and road construction Sec Development cost recovery Secs Reserved ARTICLE VI. REQUIREMENTS FOR SPECIFIC USES DIVISION 1. GENERALLY Sec Mobile home/manufactured housing development Sec Campgrounds Sec Extractive use/mining Sec Home occupations Sec Auto salvage yards Sec Landfills and solid waste disposal Sec Motor home campgrounds Sec Recreational vehicle campgrounds Secs Reserved DIVISION 2. WIRELESS TELECOMMUNICATION ANTENNAS AND TOWERS...226

18 Page 10 of 241 Sec Purpose Sec Tower and antenna design requirements Sec Applicant requirements on city owned property Sec Tower and antenna setbacks Sec Co-location requirements Sec Tower lighting Sec Tower height Sec Abandoned or unused towers Sec Application process Sec Tower and antenna special requirements Sec Reservation of right Sec Accessory utility structures Sec Nonconforming towers Sec Public safety telecommunications interference Secs Reserved ARTICLE VII. SUBDIVISIONS* Sec Applicability of provisions Sec Procedure Sec Sketch plan Sec Preliminary plat or preliminary CIC plat Sec Final plat or final CIC plat Sec Design standards Sec Survey standards Sec Street improvement standards Sec Sanitary provision standards Sec Water supply standards Sec Drainage/grading standards Sec Improvements...241

19 Page 11 of 241 PART I CODE OF ORDINANCES Sec Designation and citation of Code. Chapter 1 GENERAL PROVISIONS The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Walker, Minnesota. Such ordinances may also be cited as the Walker Code. The Code consists of parts I and II. State law reference Codification, Minn. Stats Sec Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: Generally. Words and phrases shall be construed in their plain, ordinary and usual sense, except that technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. Agent or employee. Whenever the Code requires an act to be done, which act may legally be done by an agent or employee as well as by the principal, such requirement shall be satisfied by the performance of such act by an authorized agent or employee. City. The term "city" means the City of Walker, Minnesota, and shall extend to and include its several officers, agents and employees. City council; council. The term "city council" or "council means the city council of the City of Walker, Minnesota. Code. The term "Code means the Code of Ordinances, City of Walker, Minnesota, as designated in section 1-1. Part I of this Code is a recodification of provisions that do not relate to land development. Part II of this Code is a recodification of provisions that relate to land development. The inclusion of provisions in part I that relate in whole or in part to land development does not excuse noncompliance with such provisions. The inclusion of provisions in part II that do not relate in whole or in part to land development does not excuse noncompliance with such provisions. Computation of time. (1) In computing any period of time prescribed or allowed by this Code or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the court administrator inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. The "legal holiday" includes any holiday defined or designated by statute. (2) When the term successive weeks is used in any proviso providing for the publishing of notices, the term weeks shall be construed as calendar weeks. The publication upon any day of such weeks shall be sufficient publication for that week, but at least five days shall elapse between each publication. At least the number of weeks specified in successive

20 Page 12 of 241 weeks shall elapse between the first publication and the day for the happening of the event for which the publication is made. (3) When the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in the last months so counted having the same numerical order as the day of the month from which the computation is made, unless there are not so many days. (4) Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time, except as otherwise provided in subsections (1) and (2) of this definition, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that day shall be omitted from the computation. (5) When an application, payment, return, claim, statement, or other document is to be delivered to or filed with the city on or before a prescribed date and the prescribed date falls on a Saturday, Sunday, or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday, or legal holiday. State law reference Similar provisions, Minn. Stats County. The term "county" means Cass County, Minnesota. Gender. A word importing either the masculine or feminine gender shall extend and be applied to both the masculine and feminine genders, and to firms, partnerships and corporations. Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared. Keeper; proprietor. The term "keeper" or "proprietor" includes persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or through a servant, agent or employee. May. The term may is to be construed as being permissive and not mandatory. Minn. Rules. The abbreviation Minn. Rules means the Minnesota Rules as now or hereafter amended. Minn. Stats. The abbreviation "Minn. Stats." means and refers to the latest edition or supplement of the Minnesota Statutes. Month. The term "month" means a calendar month. Number. A term importing the singular may extend and be applied to the plural, and vice versa. Oath. The term "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." Officer, employee, department, board, commission or other agency. Whenever any officer, employee, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of Walker, Minnesota." Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or other agency shall mean and include

21 Page 13 of 241 such officer or any designee or authorized subordinate and shall also include the successor in function to such officer, employee, department, board, commission or agency. Owner. The term "owner," when applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The term "person" shall extend and be applied to associations, clubs, limited liability companies, societies, firms, partnerships and bodies politic and corporate as well as to individuals. Personal property. The term "personal property" includes every species of property, except real property. Property. The term "property" includes real, personal and mixed property. Public place. The term "public place" means any place subject to the primary control of any public agency, including, but not limited to, any park, street, public way, cemetery, schoolyard or open space adjacent thereto and any lake or stream. Real property. The term "real property" includes lands, tenements and hereditaments. Shall. The term "shall" is to be interpreted as being mandatory. Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians. Signature; subscription. The term "signature" or "subscription" includes a mark when the person cannot write. State. The term "state" means the State of Minnesota. Street. The term "street" embraces streets, avenues, boulevards, roads, highways, alleys, lanes, viaducts and all other public ways in the city. Tenant; occupant; lessee. The term "tenant," "occupant" or "lessee," when applied to a building or land, includes any person holding a written or oral lease of, or who occupies the whole or part of, such building or land, either alone or with others. Tense. Words used in the past or present tense include the future as well as the past and present. Written; in writing. The term "written" or "in writing" includes any representation of words, letters or figures, whether by printing or otherwise. (Code 2000, 10.02, 10.05) Sec Catchlines of sections; history notes; references. (a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted. (b) The history or source notes appearing in parenthesis after sections in this Code have no legal effect and only indicate legislative history. Editor's notes, state law references and similar references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect. (c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of this Code. (Code 2000, 10.01, 10.03) State law reference Similar provisions, Minn. Stats

22 Page 14 of 241 Sec Effect of repeals. Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinance. The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal. (Code 2000, 10.15) Sec Amendments to Code. (a) Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city council to make such additions or amendments a part of this Code, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments. (b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "section of the Code of Ordinances, City of Walker, Minnesota, is hereby amended to read as follows:...." The new provisions shall then be set out in full. (c) If a new section not then existing in the Code is to be added, the following language may be used: "The Code of Ordinances, City of Walker, Minnesota, is hereby amended by adding a section to be numbered, which section reads as follows:...." The new section may then be set out in full. (d) All sections, divisions, articles, chapters or provisions desired to be repealed must be specifically repealed by section, division, article or chapter number, as the case may be. Sec Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of adoption of the latest ordinance included in the supplement. (b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier, meaning the person authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," or "this section," as the case may be, or to "sections through

23 Page 15 of 241." The inserted section numbers will indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Sec Severability of parts of Code. It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. Sec Code does not affect prior offenses, penalties and rights. Nothing in this Code or the ordinances adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. Sec General penalty. (a) In this section "violation of this Code" means any of the following: (1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor or a petty misdemeanor by ordinance or by rule or regulation authorized by ordinance. (2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance. (3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor or a petty misdemeanor by ordinance or by rule or regulation authorized by ordinance. (4) Counseling, aiding or abetting a violation of this Code as defined in this section. (b) In this section "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section. (c) Except as otherwise provided by law or ordinance: (1) A violation of this Code shall be punished as a misdemeanor as provided in Minn. Stats , unless declared to be a petty misdemeanor, in which case the violation shall be punished as a petty misdemeanor as provided in Minn. Stats (2) A violation of this Code that is substantially similar to an offense under state law shall be punished as provided by such state offenses. (3) In any case, a person convicted of a violation of this Code shall pay the costs of prosecution. (d) Except as otherwise provided by law or ordinance: (1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (2) With respect to violations that are not continuous with respect to time, each act is a separate offense.

24 Page 16 of 241 (e) The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions. (f) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief. (Code 1998, 1-13) State law reference Authorized penalty for ordinance violations, Minn. Stats Sec Provisions deemed continuation of existing ordinances. The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the city relating to the same subject matter, shall be construed as restatement and continuation thereof and not as new enactments. Sec Certain ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance listed in this section. Such ordinances continue in full force and effect to the same extent as if published at length in this Code. (1) Annexing property into the city. (2) Deannexing property or excluding property from the city. (3) Providing for salaries or other employee benefits not codified in this Code. (4) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness. (5) Authorizing or approving any contract, deed, or agreement. (6) Making or approving any appropriation or budget. (7) Granting any right or franchise. (8) Vacating any easement or park land. (9) Adopting or amending the comprehensive plan. (10) Levying or imposing any special assessment. (11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or vacating any street. (12) Establishing the grade of any street or sidewalk. (13) Dedicating, accepting or vacating any plat or subdivision. (14) Levying, imposing or otherwise relating to taxes not codified in this Code. (15) Establishing traffic regulations for specific locations not codified in this Code. (16) Rezoning specific property. Sec Title of code. 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 "city code," for which designation "code of ordinances," "codified ordinances" or "code" may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code. 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

25 Page 17 of 241 the "Traffic Code." Sections may be referred to and cited by the designation " " followed by the number, such as " " 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. (Code 2000, 10.01) Sec Rules of interpretation. 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. 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: AND or OR. Either conjunction shall include the other as if written "and/or," whenever the context requires. 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. 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. General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. (Code 2000, 10.02) Sec 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. (Code 2000, 10.03) Sec 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. (Code 2000, 10.04) Sec 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 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 Council and its authorized representatives. CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

26 Page 18 of 241 COUNTY. The county or counties in which the city is located. 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. PRECEDING or FOLLOWING. Next before or next after, respectively. SHALL. The act referred to is mandatory. SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write. STATE. The State of Minnesota. 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. (Code 2000, 10.05) Sec 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. (Code 2000, 10.06) Sec 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. (Code 2000, 10.07) Sec 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. (Code 2000, 10.08) Sec Errors and omissions. 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