WARROAD, MINNESOTA CODE OF ORDINANCES ADOPTING ORDINANCES

Transcription

1 WARROAD, MINNESOTA CODE OF ORDINANCES 2017 S-1 Supplement contains: Local legislation current through Ord , passed Published by: American Legal Publishing Corporation One West Fourth Street, Third Floor Cincinnati, Ohio Tel: (800) Internet: ADOPTING ORDINANCES ORDINANCE NO. AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF ORDINANCES TO BE KNOW AS THE WARROAD CITY CODE. The City Council of the City of Warroad ordains: SECTION1. CODE ADOPTED. There is hereby adopted that certain revision and codification of the ordinances of the City contained in a printed compilation entitled "City of Warroad - Code of Ordinances". A copy of such code shall be marked "Official Copy" and filed as a part of the official records of the city in the office of the City Clerk. SECTION 2. REPEALS. The former City of Warroad - Code of Ordinances, adopted in 1980 and in effect as amended until adoption of this code is hereby repealed except those ordinances granting franchise and easements. SECTION 3. COPIES. The clerk shall provide a sufficient quantity of the City of Warroad - Code of Ordinances for general distribution to the public and shall give notice in the official newspaper for at least two successive weeks that copies are available in the clerk's office for examination or purchase. SECTION 4. PRIMA FACIE EVIDENCE. The City of Warroad - Code of Ordinances shall be prima facie evidence of the law of the city. SECTION 5. EFFECTIVE DATE. This ordinance becomes effective upon the passage and publication of this ordinance and a notice for two successive weeks stating that printed copes are available for purchase at the office of the City Clerk. Passed by the City Council on this day of, American Legal Publishing Corp. 1

2 ATTEST: Bob Marvin, Mayor Kathy A. Lovelace, Acting City Clerk TITLE I: GENERAL PROVISIONS Chapter 10. GENERAL PROVISIONS CHAPTER 10: GENERAL PROVISIONS Section Title of code Rules of interpretation Application to future ordinances Captions Definitions Severability Reference to other sections Reference to offices Errors and omissions Official time Reasonable time Ordinances repealed Ordinances unaffected Effective date of ordinances Repeal or modification of ordinance Ordinances which amend or supplement code Section histories; statutory references Preservation of penalties, offenses, rights and liabilities Copies of code General penalty TITLE OF CODE. This codification of ordinances by and for the City of Warroad shall be designated as the Code of Warroad, Minnesota, and may be so cited RULES OF INTERPRETATION. American Legal Publishing Corp. 2

3 (A) 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. (B) Specific rules of interpretation. The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance: (1) AND or OR. Either conjunction shall include the other as if written and/or, whenever the context requires. (2) 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, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy. (3) 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. (4) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited 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 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 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, MUNICIPAL CORPORATION, or MUNICIPALITY. The City of Warroad, Minnesota. CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections. COUNTY. Roseau County, Minnesota. MAY. The act referred to is permissive. MONTH. A calendar month. American Legal Publishing Corp. 3

4 OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such 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 municipality 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 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 REFERENCE TO OTHER SECTIONS. Whenever, in one section, reference is made to another section hereof, such 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 REFERENCE TO OFFICES. Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this municipality 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. American Legal Publishing Corp. 4

5 10.09 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 or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error OFFICIAL TIME. The official time, as established by applicable state and federal laws, shall be the official time within this municipality for the transaction of all municipal business REASONABLE TIME. (A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice. (B) The time within which an act is to be done, as herein provided, shall be 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 ORDINANCES REPEALED. 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. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code ORDINANCES UNAFFECTED. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication EFFECTIVE DATE OF ORDINANCES. American Legal Publishing Corp. 5

6 All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided REPEAL OR MODIFICATION OF ORDINANCE. (A) 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 due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided. (B) 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. (C) 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 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE. (A) If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place. (B) Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance SECTION HISTORIES; STATUTORY REFERENCES. (A) As histories for the code sections, the specific number and passage date of the original ordinance, and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10, passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) (B) (1) A statutory cite included in the history indicates that the text of the section reads substantially the same as the statute. Example: (M.S ) (Ord. 10, passed ; Am. Ord. passed ) (2) A statutory cite set forth as a statutory reference following the text of the section indicates that the reader should refer to that statute for further information. Example: PUBLIC RECORDS AVAILABLE. This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law. American Legal Publishing Corp. 6

7 Statutory reference: For provisions concerning the inspection of public records, see M.S et seq PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES. All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted COPIES OF CODE. Copies of this code shall be kept in the office of the City Administrator for public inspection and sale for a reasonable charge GENERAL PENALTY. (A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor and be subject to a fine not exceeding $700, imprisonment for a term not exceeding 90 days, or both. In either case, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (B) When specific language in this code makes the violation a petty misdemeanor, any person, firm or corporation who violates that provision shall, upon conviction, be subject to a fine not exceeding $200. (C) 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 a violation unless a penalty is specifically provided for such failure. Statutory reference: Ordinance violations and penalties, see M.S and TITLE III: ADMINISTRATION Chapter 30. CITY COUNCIL 31. CITY OFFICIALS 32. BOARDS, COMMISSIONS AND DEPARTMENTS American Legal Publishing Corp. 7

8 33. EMERGENCY MANAGEMENT 34. CITY POLICIES CHAPTER 30: CITY COUNCIL Section Regular and special meetings Presiding officer; duties and rights Minutes; order of business Quorum and voting Ordinances, resolutions and the like Committees; referrals and reports Suspension and amendment of rules Compensation of Mayor and Council members REGULAR AND SPECIAL MEETINGS. (A) Regular meetings. Regular meetings of the Council shall be held on the second and fourth Monday of each calendar month at 5:15 p.m., or at any times during the month as designated by the Council at its first meeting held in the month of January. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall. (B) Special meetings. The Mayor or any two members of the Council may call a special meeting of the Council upon at least 24 hours written notice to each member of the Council. This notice shall be delivered personally, or orally, to each member or shall be left at his or her usual place of residence with a safe, responsible person. Similar notice shall be given in writing, or orally, to KRWB Radio Station in Roseau, Minnesota, or in the alternative, to any other regional communications media station. Furthermore, notices shall be posted at the City Hall in Warroad and/or at the United States Post Office in Warroad and/or at the Security State Bank of Warroad. Posted notice of any special meeting shall give the date, time, place and purpose of the meeting and be posted at least three days before the meeting. Written notice shall be mailed at least three days before the meeting to anyone who has filed a written request for notice of special meetings. In calculating the three days, if the last day falls on a Saturday, Sunday or legal holiday, the next regular business day shall be counted as the third day. (C) Initial meeting. At the first Council Meeting in January of each year, the Council shall: (1) Designate the depositories of city funds; (2) Designate the official newspaper; (3) Choose one of the Council members as acting mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the city or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies; (4) Appoint officers and employees and members of boards, commissions and committees as may be necessary (fire, health, planning commission, and the like); American Legal Publishing Corp. 8

9 (5) Designate the regular monthly meeting dates of the Council for the calendar year. (D) Public meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be open to the public, except that meetings may be closed as provided by M.S (`80 Code, ) PRESIDING OFFICER; DUTIES AND RIGHTS. (A) Who presides. The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the City Administrator shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their number to act temporarily as presiding officer. (B) Procedure. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine, without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with Robert's Rules of Order, Revised. (C) Appeal procedure. Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the member may speak once solely on the question involved and the presiding officer may explain his or her ruling, but no other Council member shall participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer. (D) Rights of presiding officer. The presiding officer may make motions, second motions or speak on any question, except that on demand of any Council member, the presiding officer shall vacate the chair and designate a Council member to preside temporarily. (`80 Code, ) MINUTES; ORDER OF BUSINESS. (A) Minutes. (1) Who keeps. Minutes of each Council meeting shall be kept by the City Administrator or, in his or her absence, by the Deputy City Administrator. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records of the City Administrator and can be accurately identified from the description given in the minutes. (2) Approval. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the City Administrator and copies thereof shall be delivered to each Council member as soon as practicable after the meeting. At the next regular Council meeting following the delivery, approval of the minutes shall be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. American Legal Publishing Corp. 9

10 (`80 Code, ) (B) Order of business. (1) Order established. Each meeting of the Council shall convene at the time and place appointed therefor. Council business shall be conducted in the following order: (a) Call to order. (b) Roll call. (c) Approval of minutes. (d) Public hearings. (e) Petitions, requests and communications. (f) Ordinances and resolutions. (g) Reports of officers, boards and committees. (h) Unfinished business. (i) New business. (j) Comments and suggestions from citizens present. (k) Miscellaneous. (l) Adjournment. (2) Varying order. The order of business may be varied by the presiding officer; but all public hearings shall be held at the time specified in the notice of hearing. (3) Agenda. An agenda of business for each regular Council meeting shall be prepared and presented to the office of the City Administrator within a reasonable time. This may be done in writing or orally. The agenda shall be prepared in accordance with the order of business, and copies thereof shall be delivered to each Council member and to the City Attorney as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a unanimous vote of the Council members present. (`80 Code, ) QUORUM AND VOTING. (A) Quorum. At all Council meetings, a majority of all the Council members elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and the Council may punish non-attendance by a fine not exceeding $10 for each absence from any meeting unless a reasonable excuse is offered. (B) Voting. The votes of the members on any question may be taken in any manner which signifies the intention of the individual members and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to his or her name, shall be marked Present - Not Voting. (C) Votes required. A majority vote of all members of the Council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. (`80 Code, ) ORDINANCES, RESOLUTIONS AND THE LIKE. American Legal Publishing Corp. 10

11 (A) Readings. Every ordinance and resolution shall be presented in writing. Every ordinance shall receive two readings before the Council prior to final adoption, but shall not be read twice at the same meeting unless the rules are suspended for that purpose. An ordinance or resolution need not be read in full unless a member of the Council requests such a reading. (B) Signing and publication proof. Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the City Administrator, and filed by him or her in the ordinance or resolution book. Proof of publication of every ordinance shall be attached and filed with the ordinance. (C) Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof, shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending all existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment. (D) Motions, petitions, communications. Every motion shall be stated in full before it is submitted to a vote by the presiding officer, and shall be recorded in the minutes. Every petition or other communication addressed to the Council shall be in writing and shall be read in full upon presentation to the Council, unless the Council dispenses with the reading. Each petition or other communication shall be recorded in the minutes by title and filed with the minutes in the office of the City Administrator. (`80 Code, ) COMMITTEES; REFERRALS AND REPORTS. (A) Committees designated. All committees shall be appointed by the Mayor either upon his or her own initiative or upon the majority vote of all members of the Council. (B) Membership. Each committee shall consist of two members of the Council, and the chairperson of each committee shall be designated by the Mayor. Each committee member shall serve as appointed, unless excused by a majority of the members of the Council. If the committee does not provide otherwise, committee meetings shall be held at the call of the chairperson. The same notice shall be given of committee meetings as for special meetings of the Council, except that personal notice need not be given each member if the committee so decides. (C) Referral and reports. Any matter brought before the Council for consideration may be referred by the presiding officer to the appropriate committee or to a special committee appointed by him or her for a written report and recommendation before it is considered by the Council as a whole. Each committee report shall be signed by a majority of the members and shall be filed with the City Administrator prior to the Council meeting at which it is to be submitted. Minority reports may be submitted. Each committee shall act promptly and faithfully on any matter referred to it. (`80 Code, ) Cross-reference: Boards, Commissions and Departments, see Chapter SUSPENSION AND AMENDMENT OF RULES. American Legal Publishing Corp. 11

12 These rules may be suspended only by a two-thirds vote of the members present and voting. (`80 Code, ) COMPENSATION OF MAYOR AND COUNCIL MEMBERS. (A) Effective January 1, 2013, the mayor shall be entitled to receive as compensation for his/her services as such officer the sum of $100 per month plus $60 per regular City Council meeting attended. (B) Effective January 1, 2013, the council members shall each be entitled to receive as compensation for their services as such officers the sum of $75 per month plus $60 per regular city council meeting attended. (C) No additional pay will be given for special meetings or committee meetings unless otherwise provided for. (D) Mayor and/or council members will not be paid the per-meeting fee if they were not in attendance at a meeting. (`80 Code, ) (Am. Ord. passed ; Am. Ord , passed ) CHAPTER 31: CITY OFFICIALS Section Establishment of City Administrator ESTABLISHMENT OF CITY ADMINISTRATOR. (A) The office of City Clerk is hereby abolished. (B) The city establishes the office of the City Administrator. The person designated as City Administrator shall perform the following duties: (1) Supervise the administration of all other departments, divisions and offices of the city. The supervision shall include the making of ministerial decisions affecting such departments, recommending procedures to the City Council for adoption and making recommendations to the City Council regarding the employment and dismissal of personnel. The City Council shall make all final determinations in regard to the employment or dismissal of city employees; except, that temporary and part-time personnel may be hired and discharged by the City Administrator. (2) Generate and issue all administrative rules, regulations and procedures necessary to insure the proper functioning of all departments within the department's purview. Rules, regulations and procedures shall be consistent with state statutes, city ordinances and Council policy. Rules, regulations and procedures shall be effective upon issuance and shall continue to be in effect until rescinded by the City Administrator or by the express action of the Council. (3) Supervise the management and operation of the administrative office. American Legal Publishing Corp. 12

13 (4) Be responsible for the administration of personnel policies which the City Council may from time to time adopt. (5) Acts as personnel officer and is responsible for implementation of city personnel policies with the authority to effectively recommend employment, discipline or removal of city employees for Council action. (6) Prepares and submits an annual budget to the City Council prior to September 1, and keeps the City Council advised of the financial condition of the city making recommendations as may from time to time be determined desirable and necessary. (7) Advise the City Council of all matters pertaining to or affecting the operation of the city government or the city proper. (8) Attends and participates in discussion at all meetings of the City Council and other official city bodies. Also represents the city at all official or semi-official functions as may be directed by the Council and not in conflict with the prerogatives of the Mayor. The City Administrator is entitled to notice of all regular and special meetings of the Council and is responsible for agenda preparation and Council meeting procedures. (9) Works closely with the Council including performing research on agenda items and other Council requests, attending meetings to report on city affairs and problems, presenting recommendations concerning policies and objectives as well as specific actions, participating in discussions as appropriate of all significant matters. Presents all items which require Council action or approval. (10) Purchases or enters into contracts for previously budgeted items when the amount thereof does not exceed $5,000 and secures estimates, quotations, sealed bids and contracts in excess of $1,000 and presents them to the City Council for official action. (11) Recommends from time to time the adoption of such measures as may be deemed necessary of expedient for the health, safety and welfare of the community or for the improvement of the administration. (12) Manages the effective utilization of city assets and recommends additions or changes to the Council. (13) Ensures effective management of financial assets and works with the City Finance Committee to ensure favorable investment of available funds, effective and proper accounting practices, appropriate coverage and effective financial planning. (14) Works with the city commissions coordinating their activities with elected city officials and presenting commission recommendations to the City Council. (15) Stays abreast of developments in the public administrative field and cooperates with governmental units and municipalities on matters of mutual interest. (16) Keeps the Council advised as to the future needs of the city and makes recommendations to the Council in a five-year Capital Improvement Plan reviewed and updated annually. (17) Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants and other sources of revenue and submits recommendations to the City Council for actions necessary to take advantage of such sources. (18) Supervises the conduct of local elections in accordance with the prescribed laws and regulations. (19) Coordinates the work of the city's appointed attorney and consulting engineer. (20) Performs such other duties as may be required by the City Council. American Legal Publishing Corp. 13

14 (C) Examples of performance criteria for the City Administrator are: (1) Policies and programs of the city are readily understood and administrated by the city personnel. (2) Department heads reporting are consistently performing at a maximum level of productivity in carrying out the policies of the Council and the City Administrator. (3) Clear and effective communication lines are consistently maintained throughout city organization. The city consistently maintains a positive and high reputation for service among the citizens. (D) The City Administrator must have considerable knowledge of municipal government operation, proper procedures, public relations, purchasing and all administrative requirements for proper municipal operation. He or she must have knowledge of or ability to acquire full knowledge of all laws affecting the municipality. He or she must have the ability to plan development, to collect material and to analyze for reporting and to conduct and implement standards of procedure, operation and organization. The City Administrator shall have experience in broad areas of managing public organizations and thorough knowledge of city programs, as well as Council policies and practices. He or she shall have a demonstrated ability to direct a complex and varied organization. He or she shall be able to develop and maintain effective working relationship with the City Council, general public, employees and other government agencies. He or she must be able to communicate effectively orally and in writing. (Ord. 211, passed ) CHAPTER 32: BOARDS, COMMISSIONS AND DEPARTMENTS Section Board of Health Continuance; members and terms Powers and duties of Board Powers and duties of Health Officer Interference prohibited Fire Department Continuance Members; appointment Duties of Fire Marshal Duties of Fire Chief Duties of Assistant Chief Duties of Fire Warden Firefighters Planning Commission Establishment Membership; terms Meetings, records and reports Powers and duties Public hearings and approval Emergency Services Commission American Legal Publishing Corp. 14

15 32.50 Establishment of Commission Membership Terms Vacancies Rules Officers Minutes Duties and functions Compensation Power Commission Continuance of service; term Agreement to sell and buy Materials utilized Extension of service Rates Deposits Subject to policy regulations Liability BOARD OF HEALTH CONTINUANCE; MEMBERS AND TERMS. A City Board of Health is hereby continued. The Board shall consist of three members, who shall be appointed by the Council at the first meeting of the year, for terms of three years, except, that of the members first appointed, one shall serve for a term of three years, one for a term of two years, and one for a term of one year. At least one shall be a physician or a medical professional who shall be designated as Health Officer and shall serve as executive officer of the Board. A vacancy during the term of any member shall be filled by Council appointment for the remainder of the term. (`80 Code, ) POWERS AND DUTIES OF BOARD. The Board of Health shall have the following powers and duties: (A) To investigate and make reports and obey directions concerning communicable diseases as the State Board of Health may require or give. (B) To cause all laws and regulations relating to the public health, including all health regulations included in this code, to be obeyed and enforced. (C) To make recommendations to the City Council with respect to ordinances and programs to promote the public health. (`80 Code, ) American Legal Publishing Corp. 15

16 (D) It shall be the duty of the Board of Health to cause all local ordinances and general laws and regulations relating to the public health to be obeyed and enforced within this city, and to make all investigations and reports required by law. The Board of Health shall take all necessary measures to prevent the spread of contagious diseases, cause all streets, avenues and alleys and all private property to be maintained in a clean and sanitary condition and cause to be removed therefrom all filth or cause of sickness. The Board of Health shall make investigations to ascertain whether the local health ordinances or the general laws and regulations pertaining to health are obeyed, and shall institute proceedings against all persons violating such ordinances, general laws or regulations. (`80 Code, , Sub. 1) POWERS AND DUTIES OF HEALTH OFFICER. (A) Orders. The Health Officer may issue and serve, or have served, written individual orders requiring the owner or occupant of any premises to clean cesspools, septic tanks, dry wells, leaching pits, vaults, sheds or barns, or to remove refuse from the premises or any street or alley adjacent thereto, or to place and keep such premises in a clean and wholesome condition. He or she may also issue and serve, or have served, written individual orders requiring the owner or occupant of any premises to fill with dirt and cease to use any cesspool, dry well, leaching pit or vault which does not function in a proper manner and requiring the owner or occupant to provide satisfactory arrangements to take the place of those whose use is discontinued. (B) Inspection of various establishments. The Health Officer may inspect all premises engaged in the manufacture, processing, distributions, storage or sale of food, beverages, drugs, liquors, milk, ice or any other product intended for human consumption, as well as the utensils, dishes, containers used in the cleaning, preparation, serving or eating of any such product to insure its purity and cleanliness or the sanitation and cleanliness of the premises, personnel and facilities and to recommend to the owner or proprietor such changes as he or she may deem necessary. (C) Right of entry. For the purpose of inspection at any reasonable hour and during an emergency at any hour, the Health Officer may enter any building, conveyance or place where contagion, infection, filth or other source or cause of preventable disease exists or is reasonably suspected. (D) Arrest. The Health Officer shall have the power of arrest for violation of this section or any other code provision, ordinance of the city, or of any state law or regulation of the State Board of Health. (E) Sanitary inspection. In accordance with regulations of the State Board of Health, the Health Officer shall make a thorough sanitary inspection of the city in the month of May each year and present a written report of such inspection, together with his recommendations, to the Council on or before the first day of June. He or she shall make additional inspection during the year if deemed necessary. (`80 Code, ) Cross-reference: Nuisances, see Chapter 94 Streets and Sidewalks, see Chapter 95 American Legal Publishing Corp. 16

17 32.04 INTERFERENCE PROHIBITED. No person shall obstruct, interfere with or impede the Health Officer or the Board of Health in the performance of official duties or remove any sign posted by order of the Health Officer in any area or on any building. (`80 Code, ) FIRE DEPARTMENT CONTINUANCE. There is hereby continued in this city a volunteer Fire Department consisting of a Chief, an Assistant Chief, a Fire Marshal and not fewer than 3 nor more than 15 firefighters. (`80 Code, ) MEMBERS; APPOINTMENT. The Chief shall be appointed by the Council. The Chief shall appoint the Assistant Chief, Fire Marshal and the firefighters, subject to confirmation by the Council. In making the appointments, the Chief and the Council shall take into consideration recommendations of the members of the Department. Each officer and every other member of the Department, except a probationary firefighter, shall serve during good behavior and may be removed by the Council only for cause after a public hearing. (`80 Code, ) DUTIES OF FIRE MARSHAL. The office of Fire Marshal may be held by the Chief or by the Assistant Chief, if the Council, by resolution, approves. The Fire Marshal shall be charged with the enforcement of all ordinances aimed at fire prevention. He or she shall have full authority to inspect all premises and to cause the removal or abatement of all fire hazards. (`80 Code, ) Cross-reference: Fire Prevention Code, see Chapter DUTIES OF FIRE CHIEF. (A) The Chief shall have control of all the firefighting apparatus and shall be solely responsible for its care and condition. He or she shall make a semi-annual report to the Council, at its meeting in March and September, on the condition of the equipment and needs of the Fire Department. He or she may submit additional reports and recommendations at any meeting of American Legal Publishing Corp. 17

18 the Council and he or she shall report each suspension by him or her of a member of the Fire Department, at the first meeting of the Council following the suspension. He or she shall be responsible for the proper training and discipline of the members of the Fire Department, and may suspend any member for refusal or neglect to obey orders, pending final action by the Council on his or her discharge or retention. (`80 Code, ) (B) The Chief shall keep, in convenient form, a complete record of all fires. The record shall include the time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the Department responding to the alarm and such other information as he or she may deem advisable or as may be required from time to time by the Council or State Insurance Department. (`80 Code, ) (C) The Chief shall, when the weather permits, hold a monthly practice drill of at least one hour's duration for the Fire Department and shall give or arrange for instruction to the firefighters in approved methods of fire fighting and fire prevention. (`80 Code, ) DUTIES OF ASSISTANT CHIEF. In the absence or disability of the Chief, the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief. (`80 Code, ) DUTIES OF FIRE WARDEN. (A) Appointment and duties. (1) The Council shall appoint a Fire Warden for the city. It is hereby made the duty of the Fire Warden to inspect and examine all chimneys, flues, stoves, stovepipes and all fire apparatus of any and all kinds in any building or in any place in the city, at least twice in each year, and as often as he or she may deem necessary and when ordered to do so by the Council. (2) The Fire Warden is hereby authorized and empowered to enter any building or place in the city, at any reasonable hour, for the purpose of making an inspection and examination, or to discharge or perform any duty which this subchapter imposes upon him or her. The Fire Warden is hereby authorized and powered and it is hereby made his or her duty to direct, order and compel, when necessary, any chimney or flue or stovepipe to be cleaned and to be made safe by repairs or otherwise and to direct, order and compel to be done, anything and all things to, in or about, around, or adjacent to any chimney, flue, stove, stovepipe or any fire apparatus, or any thing or place where, or in which fire is or may be kept, lighted, used or placed, whenever and wherever the Fire Warden shall deem the cleaning, repairing or changing necessary to protect property from destruction or damage by fire. (3) It shall be the duty of the Fire Warden to make regulations and give orders as may be necessary for safety, as to where ashes, cinders and all debris from stoves or fire apparatus of any kind may be deposited or dumped, and as to where and how dynamite powder, or any explosive material may or may not be stored or deposited, and as to stacking, piling, or American Legal Publishing Corp. 18

19 depositing hay, straw, shavings, paper or other combustible material or matter, and as to the removal, care and handling of any and all explosive or combustible material or matter. (B) Compliance with orders. All persons in the city shall strictly, promptly and fully obey and comply with all orders made by the Fire Warden, under authority of this section. Any person who refuses or fails to obey and comply with any order from the Fire Warden shall be guilty of a penal offense. (C) Prosecution. The Fire Warden shall, in every case, give reasonable and sufficient time for compliance with any order made by him or her under authority of this section, and if the order is not complied within reasonable time, the Fire Warden shall make complaint to a competent court having jurisdiction against the person so refusing, or failing to obey, the order and cause a person to be brought before the court to answer to the complaint. (`80 Code, ) Cross-reference: Fire Prevention, see Chapter FIREFIGHTERS. The Assistant Chief and firefighters shall be able-bodied and not less than 18 years of age. They shall become members of the Fire Department only after a six-month probationary period. The Council may require that each candidate, before he or she may become a probationary firefighter, must satisfy certain minimum requirements of height, weight, education and any other qualifications which may be specified by the Council; and that he or she must pass, satisfactorily, a mental and physical examination. (`80 Code, ) PLANNING COMMISSION ESTABLISHMENT. A Planning Commission for the city is hereby continued as heretofore established for this municipality. (`80 Code, ) MEMBERSHIP; TERMS. (A) Membership. The City Planning Commission shall consist of seven members. The City Engineer and the City Attorney, if there be one, shall be members ex officio and the City Council shall select one member of the Commission from its own membership. The other four members shall be appointed and may be removed by the Council. (B) Terms, vacancies, oath. Of the members of the Commission first appointed, two shall be appointed for the term of one year, two for the term of two years and three for the term of three years. Their successors shall be appointed for terms of three years. Both original and American Legal Publishing Corp. 19

20 successive appointees shall hold their offices until their successors are appointed and qualified, and the original appointees will serve until December 31, following the original one-year, two-year or three-year terms. The terms of ex officio members shall correspond to their respective official tenure. (`80 Code, ) MEETINGS, RECORDS AND REPORTS. (A) Officers. The Commission shall elect a chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The City Administrator shall act as secretary of the Planning Commission, but he or she shall not be a member. (B) Meetings, records, reports. The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. On or before February 15 of each year, the Commission shall submit to the City Council a report of its work during the preceding calendar year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the City Council. (`80 Code, ) POWERS AND DUTIES. The Planning Commission shall have the powers and duties given planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by this section and by the Council. After the Commission has prepared and adopted a comprehensive plan, the Commission shall periodically, but at least once every three years, review the comprehensive plan, any ordinances and any capital improvement program the Council has adopted to implement the plan. This plan should encompass the physical development of the city, including proposed public buildings, street assessments and improvements, public utility services, parks, playgrounds, the use of property, the density of population and other such appropriate and reasonably related matters concerning the physical development of the city. After the review, it shall, to the extent it deems necessary, revise the comprehensive plan, adopt the amendments or the new comprehensive plan, and recommend it to the Council in accordance with law. Similarly, after the review, it shall recommend to the Council any amendments it deems desirable to the capital improvement program and any ordinance implementing the plan. (`80 Code, ) Cross-reference: Zoning, see Chapter PUBLIC HEARINGS AND APPROVAL. American Legal Publishing Corp. 20

21 (A) No zoning ordinance or amendment shall be adopted by the Council until a public hearing has been held thereon by the Planning Commission, upon notice as provided in M.S , subd. 3, as it may be amended from time to time. (`80 Code, ) (B) Any subdivision plat submitted to the Council for approval shall, prior to final approval, be referred to the Planning Commission for review and recommendation. Any plat so referred shall be returned to the Council by the Commission with its recommendations within 30 days, and failure of the Commission to report within that period is deemed to have satisfied the requirements of this section. (`80 Code, ) Cross-reference: Subdivision regulations, see Chapter 156 EMERGENCY SERVICES COMMISSION ESTABLISHMENT OF COMMISSION. An Emergency Services Commission is hereby established to advise the Mayor and Council on police, fire, and ambulance matters. (Ord. passed ; Am. Ord. passed ) MEMBERSHIP. The Commission shall consist of five members appointed by the Mayor, consisting of at least one member from the City Council and the remaining from city residents. The Police and Fire Chiefs shall attend meetings in a non-voting capacity. The City Attorney shall serve as legal advisor to the Commission. (Ord. passed ; Am. Ord. passed ) TERMS. Appointment to the Commission shall be made at the first regular meeting of the City Council in January, or more often if required. Members shall be appointed annually beginning February 1 and ending January 31 of the following year. (Ord. passed ; Am. Ord. passed ) VACANCIES. In the case of a vacancy during the term of office of any member of the Commission, the Mayor shall appoint a new member to serve the remainder of the term. A vacancy shall exist if any one of the following occurs: death, disability, residence outside of the city, resignation, or removal by a majority vote of the Council. (Ord. passed ; Am. Ord. passed ) American Legal Publishing Corp. 21