CHAPTER I. GENERALROVISIONS AND DEFINITIONS APPLICABLE TO THE
ENTIRE CITY CODE, INCLUDING PENALTY FOR VIOLATION.
1.01 City Code.
Subdivision 1. How Cited. This code of ordinances shall be known as the Nisswa City Code, and may be so cited.
Subdivision 2. Application. The provisions of this chapter shall be applicable to all the chapters, sections, subdivisions, paragraphs, and provisions in the City Code, and the City Code shall apply to all persons and property within the City of Nisswa, Minnesota, and within such adjacent area as may be stated and specific provisions.
Subdivision 3. 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 any 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 code, the clause indicating the 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.
Subdivision 4. Numbering. Each section number of this code consists of two component parts separated by a decimal. First digit of the number refers to the chapter number and the digits after the period refer to the position of the section within the chapter. If the chapter is divided into parts, the figure immediately to the left of the decimal corresponds to the part number.
Subdivision 5. Title Headings; Cross References. Chapter, part, section, 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.
Subdivision 6. Copies. Copies of this code shall be kept in the office of the clerk for public inspection or sale for a reasonable charge.
Subdivision 1. General. Unless the language or context clearly indicates otherwise, the following words and phrases have the meaning given them in this section.
Subdivision 2. City. “City” means City of Nisswa.
Subdivision 3. State. “State” means State of Minnesota.
Subdivision 4. City Council. “City Council” means the City Council, including council members and the Mayor.
Subdivision 5. Clerk. “Clerk” means the City Clerk.
Subdivision 6. Person. “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.
1.03 Statutory Rules Adopted. The definitions 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 City Council.
1.04 Existing Rights and Liabilities. The repeal of prior ordinances and adoption of this code are not to be construed to affect in any manner rights and liabilities existing at the time of the repeal and the enactment of this code. Insofar as provisions in 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.
Subdivision 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.
Subdivision 2. Notice. Every hearing shall be preceded by at least ten (10) days mailed notice (or more if a longer notice period is prescribed by Minnesota Statutes) 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.
Subdivision 3. Conduct of Hearing. At the hearing, each party in interest shall have an opportunity to be heard and to present such evidence as is relevant to the proceeding. The City Council may adopt rules governing the conduct of hearings, records to be made, and such other matters as it deems necessary.
Subdivision 4. Record. After the conclusion of a hearing before the City Council, the City Council shall prepare a written summary of its findings, conclusions and decision and enter the summary in the official City Council minutes.
Subdivision 1. Petty Misdemeanor. 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 as prescribed by Minnesota Statutes.
Subdivision 2. Misdemeanors. Unless another penalty is expressly provided in this code, any person violating any provisions of this code, or any rule or regulation adopted in the 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 prescribed by Minnesota Statutes and/or imprisonment, plus, in each case, the costs of prosecution.
Subdivision 3. Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.
Subdivision 4. Attorney’s Fees and Costs. In all cases where the City is enforcing compliance with the City Code and the enforcement does not involve criminal prosecution, the offending party shall be required to reimburse the City for the City's attorney's fees and costs associated with enforcing the offending party's compliance with the City Code.
Subdivision 5. Otherwise Unlawful. The City code does not authorize an act or omission otherwise prohibited Ly law.
Subdivision 6. Payment into City Treasury. All fines, forfeitures, and penalties recovered for the violation of any ordinance, charter, rule, or regulation of the City shall be paid into the City treasury. All other obligations owing to the City, whether by contract or agreement shall likewise be paid into the City Treasury. Payments shall be made in the manner, and at the time, and in the proportion provided by law or otherwise directed by the City Council.
Subdivision 7. Application of City Personnel. 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 violation unless a penalty is specifically provided for such failure.
1.07 Severability. If any portion of this code or part thereof hereafter enacted is held invalid or suspended, such invalidity or suspension shall not apply to any other part of the code unless it is specifically provided otherwise.
CHAPTER II. ADMINISTRATION AND GENERAL GOVERNMENT
PART 1 - THE CITY COUNCIL
Subdivision 1. Open Meeting. All City Council and City Council committee meetings, including special and adjourned meetings with the exception of closed meetings as defined and authorized by Minnesota law, shall be open to the public. All meetings and notices of meetings are subject to Minnesota's open meeting law, as well as Data Practices Act, and shall be conducted accordingly.
Subdivision 2. Regular Meetings. Regular meetings of the City Council shall be held on the third Wednesday of each month at 7:00 p.m. Any regular meeting falling upon a legal holiday shall be held on the next following business day at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City hall unless the City Council decides otherwise at a prior meeting, or meeting in the City hall is impossible.
Subdivision 3. Special Meetings. Special meetings of the City Council may be called by the Mayor or by any two (2) City Council members by written request filed with the City clerk at least three (3) days before the meeting. The City Clerk shall notify each member of the time, place and purpose of the meeting by written notice delivered to the City Council member personally or by leaving a copy of the notice at the home of the member with a person of suitable age and discretion, at least one (1) day before the special meeting.
a. Special meetings may be held without prior written notice to City Council members when:
1) All City Council members are present at the meeting that the date and time are set for the special meeting or;
2) Consent in writing or by phone to the City clerk (consent shall be filed with the clerk prior to the beginning of the meeting).
b. Emergency Meetings may be called by the Mayor or by any two (2) Council Members. The City Clerk shall give notice to the members and others pursuant to Minnesota Statute Section 13D.04, as it may be amended.
Subdivision 4. Closed Meetings. The City may by a majority vote in a public meeting decide to hold a closed meeting to consider or discuss matters for which a closed meeting is permitted, under Minnesota Law. The time of commencement and place of the closed meeting shall be announced at the public meeting. A written role of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting.
Subdivision 5. Organizational Meeting. On the first regular business day of January, or as soon thereafter as is practical, the City Council shall conduct an organizational meeting to: