ADOPTING ORDINANCES

ORDINANCE NO. 507

CITY OF AUSTIN
COUNTY OF MOWER
STATE OF MINNESOTA

AN ORDINANCE ENACTING A CODE OF ORDINANCE FOR THE CITY OF AUSTIN, MINNESOTA AMENDING, RESTATING, REVISING, UPDATING, CODIFYING AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES.

   WHEREAS Minnesota Statutes Sections 415.02 and 415.021 authorize the city to cause its ordinances to be codified and printed in a book,

   NOW THEREFORE the City Council of the City of Austin, Minnesota, ordains:

   Section 1.   The general ordinances of the City as amended, restated, revised, updated, codified and compiled in book form, including penalties for the violations of various provisions thereof, are hereby adopted and shall constitute the "Code of Ordinances of the City of Austin." This Code of Ordinances also adopts by reference certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances.

   Section 2.   The Code of Ordinances as adopted in Section 1 shall consist of the following titles:

   Chapter 1: Rules of Construction; General Penalty

   Chapter 2: Administration and General Government

   Chapter 3: Municipal and Public Utilities; Rules and Regulations; Rates and Charges

   Chapter 4: Construction, Housing, Signs and Fences; Permits and Regulations

   Chapter 5: 3.2% Malt Liquor, Wine and Liquor Licensing and Regulations

   Chapter 6: Other Business Regulations and Licensing

   Chapter 7: Streets and Sidewalks Generally

   Chapter 8: Traffic Regulations

   Chapter 9: Parking and Parking Lot Regulations

   Chapter 10: Public Protection, Crimes and Offenses

   Chapter 11: Zoning Regulation

   Chapter 12: Flood Plain Zoning

   Chapter 13: Subdivision Regulations

   Chapter 14: Service Districts

   Chapter 15: Adult-Oriented Businesses

   Table of Special Ordinances

   Section 3.   All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall this repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall this repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code of Ordinances. All fees established in prior ordinances codified in this Code shall remain in effect unless amended in this code or until an ordinance adopting a fee schedule is adopted or amended.

   Section 4.   This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the City's official newspaper. The Clerk of the City shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and kept in the office of the City Clerk.

   Section 5.   The Code of Ordinances is declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by Minnesota Statutes by the Courts of the State of Minnesota.

   Section 6.   This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of this ordinance in the City's official newspaper.

   Passed by the City Council of the City Of Austin, Minnesota this 7th day Of June, 2004.

                                 APPROVED:

                                  /s/

                                 Bonnie Besse Rietz, Mayor

ATTEST:

/s/

Tom Dankert, City Clerk

This ordinance was presented to the Austin City Council on June 7, 2004; adopted June 7, 2004; published in the Austin Daily Herald June 11, 2004 and becomes effective June 21, 2004.