Mound City Code 100.00
CHAPTER I
Section 100 - GENERAL PROVISIONS
100.05 Reserved.
100.10 Reserved.
100.15 Reserved.
100.20 City Code.
Subd. 1. How Cited. This code of ordinances shall be known as The Mound City Code and may be so cited. It may also be referred to within the Code or by others users thereof as "The Code" or "The Ordinance Code", or "The Code of Ordinances".
Subd. 2. Additions. New ordinances proposing amendments or additions to the Code shall be assigned appropriate code numbers and shall be incorporated into the Code as of their effective date. Reference or citation to the Code shall be deemed to include such amendments and additions. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this ordinance, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code, the Clerk, in cooperation with the City Attorney, may correct obvious grammatical, punctuation, and spelling errors; change reference numbers to conform with sections, articles, and chapters; substitute figures for written words and vice versa; substitute dates for the words "the effective date of this ordinance"; and perform like actions to insure a uniform code of ordinances without, however, altering the meaning of the ordinances enacted.
100.25 Numbering of Subsections. Each subsection number of this Code consists of two component parts separated by a point. The first digit of the number refers to the chapter number. All of the digits to the left of the point refer to the subsection number. The digits after the point refer to the position of the subsection and its sub-parts within the chapter.
100.30 Title Hearings; Cross References. Chapter, part, section, subsection, subdivision, and other titles shall not be considered part of the subject matter of this Code but are intended for convenience only and not necessarily as comprehensive titles.
100.35 Copies. Copies of this Code shall be kept in the office of the Clerk for public inspection or sale for a reasonable charge.
100.40 Definitions.
Subd. 1. General. Words of male gender include female and neuter, words of singular number include the plural, and vice versa. Unless the context clearly indicates otherwise, the following words and phrases have the meaning given them in this section. The word "shall" is always mandatory and not merely directory.
Subd. 2. "Bond" means a surety bond executed by a surety company authorized to do business in this state, and approved by the Council. Every such bond shall be drawn on a form furnished or approved by the Council.
Subd. 3. "City" means City of Mound.
Subd. 4. "State" means State of Minnesota.
Subd. 5. "Clerk" means the City Clerk.
Subd. 6. "Council" means the City Council of the City of Mound.
Subd. 7. "Fire Limits" means the limits so designated by the Council.
Subd. 8. "Occupant" of real estate includes occupant of any part thereof, either alone or with others; and "premise (or property) occupied" includes any property occupied in any such manner.
Subd. 9. "Ordinance" means an ordinance duly adopted by the Council.
Subd. 10. "Owner" of real estate includes any part owner, joint owner, tenant in common, or joint tenant, of the whole or a part of such property; and "premises (or property) owned" includes any property owned in any such manner.
Subd. 11. "Person" means any natural individual, firm, partnership, association, or corporation. As applied to partnerships or associations, the term includes the partners or members; as applied to corporations the term includes the officers, agents, or employees.
Subd. 12. "Place of human habitation" means any building usually occupied by human beings during either most of the daylight hours or during most of the night hours.
Subd. 13. "Public building" means any school building, church, theater, dance hall, or place of assembly arranged or used from time to time for the assembly of twenty-five (25) or more persons.
Subd. 14. "Public grounds" includes parks, playgrounds, squares, boulevards, and grass plots adjoining streets and sidewalks.
Subd. 15. "Street" includes all public ways, alleys, lanes, and sidewalks, and those parts of public parks which form traveled parts of highways; provided, that when used in franchise ordinances and other grants of right from the City, the word "street" shall be given its ordinary limited meaning, and shall not include alleys, lanes, sidewalks, or any parts of public grounds outside a platted highway.
Subd. 16. "Zoning Ordinance" means Section 350 of this Code.
100.45 Statutory Rules Adopted. The definition and rules of construction, presumptions, and miscellaneous provisions pertaining to construction contained in Minnesota Statutes, Chapter 645, are adopted by reference and made a part of this Code. As so adopted, references in that chapter to laws and statutes mean provisions of this Code and references to the legislature mean the Council.
100.50 Existing Rights and Liabilities. The adoption of this Code and repeal by implication of prior ordinances are not to be construed to affect in any manner rights and liabilities existing at the time of repeal and the enactment of this Code. Insofar as provisions of this Code are substantially the same as pre-existing ordinances, they shall be considered as continuations thereof and not as new enactments. Any act done, offense committed, or right accruing, or liability, penalty, forfeiture or punishment incurred or assessed prior to the effective date of this Code is not affected by the enactment of the Code.
100.55 Hearings.
Subd. 1. General. Unless otherwise provided in this Code, or by law, every public hearing required by law, ordinance or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.
Subd. 2. Notice. Every hearing shall be preceded by 10 days' mailed notice to all persons entitled thereto by law, ordinance or regulation unless only published notice is required. The notice shall state the time, place, and purpose of the hearing. Failure to give the notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subdivision.
Subd. 3. Conduct of Hearing. At the hearing, each party in interest shall have the opportunity to be heard and to present such evidence as is relevant to the proceeding. The Council may adopt rules governing the conduct of hearings, records to be made, and such other matters as it deems necessary.
Subd. 4. Record. Upon the disposition of any matter after hearing, the Council shall have prepared a written summary of its findings and decisions and enter the summary in the official Council minutes.
100.60 Penalties.
Subd. 1. Petty Offenses. Whenever an act or omission is declared by this Code to be a petty misdemeanor, any person violating the provision shall, upon conviction, be subject to a fine or not more than $100.
Subd. 2. General Misdemeanors. In any other case, unless another penalty is expressly provided in this Code, any person violating any provision of this Code, or any rule or regulation adopted in pursuance thereof, or any other provision of any code adopted in this Code by reference, including any provision declaring an act or omission to be a misdemeanor, shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution may be added.
Subd. 3. Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.
Subd. 4. Application to City Personnel. The failure of any officer or employee of the City to perform any official duty imposed by the Code shall not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure.
100.65 Separability. If any ordinance or part thereof in the Mound City Code or hereafter enacted is held invalid or suspended, such invalidity or suspension shall not apply to any other part of the ordinance or any other ordinance unless it is specifically provided otherwise.
100.70 Reserved.
100.75 Recovery of Expense of Work Chargeable to Another. Where any work is done by the municipality or its employees which this Code provides shall be done at the expense of any person, the expense of such work may be recovered by an action at law against any person so charged, before any court of competent jurisdiction; and the recovery in such case shall also include all the expenses attendant upon the suit for collecting the same, including a reasonable attorney's fee.