ADOPTING ORDINANCE

ORDINANCE 0401

CITY OF BYRON
COUNTY OF OLMSTED
STATE OF MINNESOTA

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF BYRON, 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 412.021 authorize the city to cause its ordinances to be codified and printed in a book,

NOW THEREFORE, the City Council of the City of Byron, 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 violation of various provisions thereof, are hereby adopted and shall constitute the “Code of Ordinances of the City of Byron.” 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:

   I:   General Provisions

   III:   Administration

   V:   Public Works

   VII:   Traffic Code

   IX:   General Regulations

   XI:   Business Regulations

   XIII:   General Offenses

   XV:   Land Usage

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 All prior ordinances, pertaining to the subjects treated in the Code of Ordinances, shall be deemed repealed from and after the effective date of this ordinance, except as they are included and re-ordained in whole or in part in the Code of Ordinances; provided, this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 franchise, or granting special rights to certain persons, 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 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 in the 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 newspaper.

PASSED BY THE CITY COUNCIL OF THE CITY OF BYRON , MINNESOTA THIS

24TH DAY OF MARCH , 2004.

APPROVED:

Gregory H. Brandt \s\ , MAYOR

ATTEST:

Mary K. Blair-Hoeft \s\ , CITY CLERK