CHAPTER 10: GENERAL PROVISIONS
Section
   10.01   How code designated and cited; City Charter and code set out herein declared prima facie evidence of law of city
   10.02   Definitions and rules of construction
   10.03   Provisions considered as continuations of existing ordinances
   10.04   Effect of repeal of ordinances
   10.05   Severability of parts of code
   10.06   Catchlines of sections
   10.07   Code imposes no liability for acts or omissions; when City Attorney to defend city officers and employees
 
   10.99   General penalty
§ 10.01 HOW CODE DESIGNATED AND CITED; CITY CHARTER AND CODE SET OUT HEREIN DECLARED PRIMA FACIE EVIDENCE OF LAW OF CITY.
   (A)   The ordinances embraced in this and the following chapters and sections shall constitute and be designated “The Code of the City of Le Sueur, Minnesota,” and may be so cited. The code may also be cited as the “Le Sueur City Code.”
   (B)   The Charter and ordinances as set out in this code are hereby declared by the City Council to be prima facie evidence of the law of this city.
(1973 Code, § 1-1)
Charter reference:
   Authority of City Council to reuse and codify its ordinances in book form and requirements as to publication thereof, see Charter § 3.11
Editor’s note:
   Notice to the public that copies of this code are available at the office of the City Clerk for inspection and use during all regular business hours was published for two successive weeks in a newspaper of general circulation (the official newspaper) in the city just prior to the effective date of this code
Statutory reference:
   Authority of city to codify and publish its Charter and all its general laws in force in the city and to declare the codification to be prima facie evidence of the law of the city and mandate by the legislature that the codification shall thereupon be received in evidence by the courts, see M.S. §§ 415.02 and 415.021 (see also M.S.§ 599.13)
§ 10.02 DEFINITIONS AND RULES OF CONSTRUCTION.
   (A)   General rule. All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. Words and phrases are construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and others as have acquired a special meaning or are defined in this section, are construed according to the special meaning or definition.
(M.S. § 645.08, Subdivision (1))
   (B)   Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AND/OR. The word AND shall be construed to include the word OR when the context makes the construction appropriate and vice versa.
      CHARTER or CITY CHARTER. The Charter of the City of Le Sueur, Minnesota.
      CITY. The words “the city” or “this city” shall be construed as if followed by the words “of Le Sueur, Minnesota.”
      CODE. The Code of the City of Le Sueur, Minnesota.
      COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday and then it is also excluded.
(M.S. § 645.15)
      COUNCIL or CITY COUNCIL. The Council of the City of Le Sueur, Minnesota.
      COUNTY. The County of Le Sueur, Minnesota.
      DAY. The period of time between any midnight and the midnight following.
(M.S. § 645.45, Subdivision (9))
      DAYTIME or NIGHTTIME. The period of time between sunrise and sunset. NIGHTTIME is the period of time between sunset and sunrise.
(M.S. § 645.45, Subdivision (16))
      GENDER. The masculine gender includes the feminine and neuter.
(M.S. § 645.08, Subdivision (2))
      IN THE CITY. All territory over which the city now has or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
      JOINT AUTHORITY. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.
(M.S. § 645.08, Subdivision (4))
      MONTH. A calendar month.
(M.S. § 645.44, Subdivision (13))
      NUMBER. The singular number includes the plural and the plural the singular.
(M.S. § 645.08, Subdivision (2))
      OATH. Includes an affirmation.
(M.S. § 645.44, Subdivision (6))
      OFFICERS, DEPARTMENTS, AND THE LIKE. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise.
      OFFICIAL TIME. Whenever certain hours are named in this code, they shall mean central standard time or daylight saving time, as may be in current use in the city.
(M.S. § 645.071)
      OWNER. When applied to any property, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of the property.
      PERSON. Applies to firms, partnerships, associations, bodies politic and corporate, or any other group acting as a unit, as well as to individuals.
(M.S. § 645.44, Subdivision (7))
      PERSONAL PROPERTY. Every species of property, except real and mixed property.
      PRECEDING or FOLLOWING. Next before and next after, respectively.
      PROPERTY. Includes real, personal and mixed property.
      REAL PROPERTY. Includes lands, tenements and hereditaments.
      SHALL or MAY. SHALL is mandatory and MAY is permissive.
(M.S. § 645.44, Subdivisions (15) and (16))
      SIDEWALK. The portion of a street between the curb line or the lateral lines of a roadway where there is no curb and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then that area immediately abutting the street line shall be construed as SIDEWALK AREA.
      SIGNATURE OR SUBSCRIPTION BY MARK. Includes a mark when the signer or subscriber cannot write, the signer’s or subscriber’s name being written near the mark by a witness who writes his or her own name near the signer’s or subscriber’s name.
(M.S. § 645.44, Subdivision (14))
      STATE. The State of Minnesota.
      STATUTE REFERENCES. The Minnesota Statutes Annotated, as currently amended and as they may be amended in the future.
      STREET. Alleys, avenues, boulevards, highways, roads, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; and it shall be construe to include a sidewalk or footpath, unless the contrary is expressed or unless the construction would be inconsistent with the intent of the City Council.
      TENANT or OCCUPANT. Applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of the building or land, either alone or with others.
      TENSES. The present tense includes the past and future tenses, and the future includes the present.
(M.S. § 645.08, Subdivision (2))
      WEEK. Consists of seven consecutive days.
      WRITING. Any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code or other ordinance or resolution of the city, it shall be made in writing in the English language, unless it is expressly provided otherwise.
(M.S. § 645.44, Subdivision (14))
      YEAR. A calendar year, except where otherwise provided.
(1973 Code, § 1-2)
Charter reference:
   Territorial jurisdiction of city, see Charter §§ 1.02, 1.03
Statutory reference:
   Authority of City Council to enforce certain ordinances beyond city limits, see M.S. § 411.40, Subdivisions (20), (22), (58) and (59), as it may amended from time to time
§ 10.03 PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.
   The provisions appearing in this code, so far as they are the same or substantially the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.
(1973 Code, § 1-3)
Statutory reference:
   Repeal of statutes and reenactment thereof in the same or substantially the same terms, see M.S. § 645.38
§ 10.04 EFFECT OF REPEAL OF ORDINANCES.
   (A)   The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.
   (B)   The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
(1973 Code, § 1-4)
Statutory reference:
   For similar provisions of state law relating to statutes, see M.S. §§ 645.34 and 645.35
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