§ 10.18 COPIES OF CODE.

   The official copy of this code shall be kept in the office of the City Administrator for public inspection. The Administrator shall provide a copy for sale for a reasonable charge.

§ 10.19 ADOPTION OF STATUTES AND RULES AND SUPPLEMENTS BY REFERENCE.

   (A)   It is the intention of the City Council that, when adopting this code of ordinances, all future amendments to any state or federal rules and statutes adopted by reference in this code or referenced in this code are hereby adopted by reference or referenced as if they had been in existence at the time this code was adopted, unless there is clear intention expressed in the code to the contrary.

   (B)   It is the intention of the City Council that, when adopting this code of ordinances, all future supplements are hereby adopted as if they had been in existence at the time this code was enacted, unless there is clear intention expressed in the code to the contrary.

§ 10.20 ENFORCEMENT.

   (A)   Any licensed peace officer of the city’s Police Department, the County Sheriff or any Deputy Sheriff shall have the authority to enforce any provision of this code.

   (B)   As permitted by M.S. § 626.862, as it may be amended from time to time, the City Administrator shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the Administrator or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.

   (C)   The City Administrator and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.

   (D)   If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Administrator, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.

   (E)   Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Administrator or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Administrator to object to the termination before it occurs, subject to appeal of the Administrator’s decision to the City Council at a regularly scheduled or special meeting.

   (F)   Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.

§ 10.98 SUPPLEMENTAL CITY PENALTIES.

   (A)   Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain city ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the city penalty as is provided for thereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with law. Likewise, the city, at its discretion, may choose not to initiate an administrative offense and may bring criminal charges in accordance with law. Likewise, the city, at its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance.

   (B)   “Administrative offense” defined. An ADMINISTRATIVE OFFENSE is a violation of a provision of a city ordinance and is subject to the city penalties set forth in the schedule of offenses and penalties referred to in division (G) below.

   (C)   Notice. Any officer of the city’s Police Department or any other person employed by the city, authorized in writing by the City Council, and having authority to enforce this section, shall, upon determining that there has been a violation, notify the violator or, in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice and the amount of the scheduled penalty.

   (D)   Payment. Once such notice is given, the alleged violator shall, within 14 days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation. The penalty may be paid in person or by mail, the payment shall be deemed to be an admission of the violation.

   (E)   Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid, no further charge shall be brought by the city for the same violation.

   (F)   Disposition of penalties. All penalties collected pursuant to this section shall be paid to the city and deposited into the city’s General Fund.

   (G)   Offenses and penalties. Violations which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolution shall be maintained in the office of the City Administrator.

Prohibited Activity	Fines; Petty Misdemeanors; Misdemeanors	City Penalty	Code Section(s)	Special Provisions
Alcohol
Brew Pubs, Breweries, and the like		Up to $2,000 for each violation or impose	110.01—110.11
Animals	First offense: $30		93.01—93.07
	Second offense: $40		93.01—93.07
	Third offense within a year: automatic court appearance		93.01—93.07
Archery	Fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both		130.01
Burning in city limits	Fine of not more than $100, plus the costs of prosecution	$50 for the first offense; $100 for the second offense committed within a one-year period	90.20—90.24
Curfew
First and second offense:	See § 131.99
Third offense	$25 citation
Fourth offense	$50 citation
Fifth offense	$100 citation
Sixth offense and any subsequent offense	$200 citation
Highway Traffic Regulations Act	A fine of not to exceed $700 and/or by imprisonment not to exceed 90 days; but, if a minimum fine or imprisonment is prescribed by the state’s Highway Traffic Act for an offense, the penalty shall apply to a person convicted of the same offense under § 70.01 of this chapter		70.01
Junk vehicles, unclaimed and abandoned property, unlawful storage or disposal of property	Fine of not more than $700 or imprisonment for not more than 90 days, or both	$100	95.01—95.04
Loitering	Fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both		130.03
Motorized vehicles on a city park trail	Fine of not more than $700 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case	$100	70.04
Noise control	A fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both	$50 if the violation involves a motor vehicle;$100 for all other violations	92.01—92.11
Notice to recreation vehicle and snowmobile operators		$50	71.15—71.21; 71.35—71.40
Parking of vehicles and other objects on the streets of the city		$25	70.15, 70.16	If the city penalty is not paid within 14 days, the fine will increase to $30; if the administrative penalty is not paid within 30 days, a criminal citation will be issued along with a $50 fine
Parking of semi-trucks on the streets of the city		$50	70.17
Peddlers, solicitors and transient merchants		$100	112.01—112.07
Public Nuisances; Health and Sanitation		$50 for the first offense; $100 for the second offense committed within a one-year period	94.01—94.07
Placing of snow upon public streets		$50	94.20—94.28
Removal of snow, ice, dirt, and rubbish from sidewalks; the elimination of weeds from public and private property; removal or elimination of public health or safety hazards from private property; installation or repair of water service lines and sewer service lines; the repair of sidewalks and alleys; the trimming and care of trees and removal of unsound and diseased trees; and the collection of the costs of such work or service when done by the city as a special assessment		$50 for the first offense; $100 for the second offense committed within a one-year period	94.20—94.28
Snow, ice, dirt and rubbish; weeds and the like	A fine of not more than $300 or imprisonment for not more than 90 days, and the costs of prosecution in either case may be added		94.20—94.28
Recreational vehicles	A fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both		71.01, 71.02, 71.35—71.40
Sewers	Fine in the amount not exceeding $500 for each violation		53.01-53.10
Sidewalk regulations		$50 for the first offense; $100 for the second offense committed within a one-year period	151.01—151.09
Snowmobiles	A fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both		71.15—71.21
Solicitation	Fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both		130.04
Tax - Lodging	The minimum penalty shall be $10, irrespective of the calculation		32.15—32.27
Tobacco
Expenses in holding hearing		$1,000	113.12
Licensees		Administrative fine of $75 for a first violation of this chapter; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period	113.99(B)(1)
Other individuals		Administrative fine of $50	113.99(B)(2)
Unauthorized Dumpsters and other refuse containers		$100	50.01
Unreasonable acceleration and driving conduct of motor vehicles	Not more than $1,000 or by imprisonment not to exceed 90 days, or both	$50	70.03
Unwholesome substances or solid waste within the city		$50 for first offense; $100 for the second offense committed within one year	94.40—94.43
Unwholesome substances; littering		Fine not to exceed $700 or imprisonment for not more than 90 days	94.40—94.43
Water, usage and connections
General penalty	$500.00 plus costs of prosecution, or by imprisonment not to exceed 90 days, or both		52.01—52.19, 52.99
Lawn watering restrictions		Warning for the first violation, $25 for the second violation, and a $50 per day fine for all subsequent violations in that calendar year	52.19
Zoning and subdivisions	Fine not to exceed $1,000 or by imprisonment not to exceed 90 days or both		152.001—152.015, 152.030—152.040, 152.055—152.059, 152.070—152.075, 152.090—152.105, 152.120—152.125, 152.140—152.155, 152.170—152.181, 152.195—152.208, 152.220—152.225, 152.240—152.251, 152.265—152.278

 

(Ord. 329, passed 11-19-2007; Res. passed 4-8-2008)

§ 10.99 GENERAL PENALTY AND ENFORCEMENT.

   (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. The penalty which may be imposed for any crime which is a misdemeanor under this code, including state statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.

   (B)   Any person, firm or corporation who violates any provision of this code, including state statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.

   (C)   Pursuant to M.S. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

   (D)   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.

   (E)   In addition to any penalties provided for in this section or in § 10.98 of this chapter, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.