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Porter City Ordinances
Part 1:
GENERAL PROVISIONS
PART 1: GENERAL PROVISIONS
Chapter
10.
GENERAL PROVISIONS
Chapter 10: General Provisions
Section
10.01
Part of code
10.02
Rules of interpretation
10.03
Application to future ordinances
10.04
Captions
10.05
Definitions
10.06
Severability
10.07
Reference to other sections
10.08
Reference to offices
10.09
Errors and omissions
10.10
Official time
10.11
Reasonable time
10.12
Ordinances repealed
10.13
Ordinances unaffected
10.14
Effective date of ordinances
10.15
Repeal or modification of ordinance
10.16
Ordinances which amend or supplement code
10.17
Preservation of penalties, offenses, rights and liabilities
10.18
Copies of code
10.19
Adoption of statutes and rules by reference
10.99
General penalty
§ 10.01
PART OF CODE.
(A)
All ordinances of a permanent and general nature of the city, as
revised, codified, rearranged, renumbered, and consolidated into component
codes, parts, chapters, and sections, shall be known and designated as the
“city code” for which designation “code of ordinances,” “codified
ordinances” or “code” may be substituted.
Code part, chapter, and section headings do not constitute any part
of the law as contained in the code.
(B)
All references to codes, parts, chapters, and sections are to the
components of the code unless otherwise specified.
Any component code may be referred to and cited by its name, such as
the “Traffic Code.” Sections
may be referred to and cited by the designation “§”
followed by the number, such as “§ 10.01.”
Headings and captions used in this code other than the part, chapter,
and section numbers are employed for reference purposes only and shall not
be deemed a part of the text of any section.
§ 10.02
RULES OF INTERPRETATION.
(A)
Generally. Unless
otherwise provided herein, or by law or implication required, the same rules
of construction, definition, and application shall govern the interpretation
of this code as those governing the interpretation of state law.
(B)
Specific rules of interpretation.
The construction of all ordinances of this city shall be by the
following rules, unless that construction is plainly repugnant to the intent
of the legislative body or of the context of the same ordinance:
(1)
AND or OR.
Either conjunction shall include the other as if written “and/or,”
whenever the context requires.
(2)
Acts by assistants.
When a statute, code provision or ordinance requires an act to be
done which, by law, an agent or deputy as well may do as the principal, that
requisition shall be satisfied by the performance of the act by an
authorized agent or deputy.
(3)
Gender; singular and plural; tenses.
Words denoting the masculine gender shall be deemed to include the
feminine and neuter genders; words in the singular shall include the plural,
and words in the plural shall include the singular; the use of a verb in the
present tense shall include the future, if applicable.
(4)
General term. A
general term following specific enumeration of terms is not to be limited to
the class enumerated unless expressly so limited.
§ 10.03
APPLICATION TO FUTURE ORDINANCES.
All provisions of Part I compatible with future
legislation shall apply to ordinances hereafter adopted which amend or
supplement this code unless otherwise specifically provided.
§ 10.04
CAPTIONS.
Headings and captions used in this code other than the
part, chapter, and section numbers are employed for reference purposes only
and shall not be deemed a part of the text of any section.
§ 10.05
DEFINITIONS.
(A)
General rule.
Words and phrases shall be taken in their plain, or ordinary and usual
sense. However, technical words
and phrases having a peculiar and appropriate meaning in law shall be
understood according to their technical import.
(B)
Definitions. For
the purpose of this code, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
CITY.
The area within the corporate boundaries of the city as presently
established or as amended by ordinance, annexation or other legal actions at
a future time. The term
CITY when used in this code may also be used to refer to the City
Council and its authorized representatives.
CODE, THIS CODE or THIS CODE OF
ORDINANCES. This city
code as modified by amendment, revision, and adoption of new parts,
chapters, or sections.
COUNTY.
The county or counties in which the city is located.
MAY.
The act referred to is permissive.
MONTH.
A calendar month.
OATH.
An affirmation in all cases in which, by law, an affirmation may be
substituted for an oath, and in those cases the words SWEAR
and SWORN shall be equivalent to the words AFFIRM
and AFFIRMED. All
terms shall mean a pledge taken by the person and administered by an
individual authorized by state law.
OFFICER, OFFICE, EMPLOYEE, COMMISSION, or
DEPARTMENT. An
officer, office, employee, commission, or department of this city unless the
context clearly requires otherwise.
PERSON.
Extends to and includes an individual, person, persons, firm,
corporation, copartnership, trustee, lessee, or receiver.
Whenever used in any clause prescribing and imposing a penalty, the
terms PERSON or WHOEVER as applied to any
unincorporated entity shall mean the partners or members thereof, and as
applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING.
Next before or next after, respectively.
SHALL.
The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION.
Includes a mark when the person cannot write.
STATE.
The State of Minnesota.
SUBCHAPTER.
A division of a chapter, designated in this code by a heading in the
chapter analysis and a capitalized heading in the body of the chapter,
setting apart a group of sections related by the subject matter of the
heading. Not all chapters have
subchapters.
WRITTEN.
Any representation of words, letters, or figures, whether by printing
or otherwise.
YEAR.
A calendar year, unless otherwise expressed.
§ 10.06
SEVERABILITY.
If any provision of this code as now or later amended
or its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions that can be given effect without
the invalid provision or application.
§ 10.07
REFERENCE TO OTHER SECTIONS.
Whenever in one section reference is made to another
section hereof, that reference shall extend and apply to the section
referred to as subsequently amended, revised, recodified, or renumbered
unless the subject matter is changed or materially altered by the amendment
or revision.
§ 10.08
REFERENCE TO OFFICES.
Reference to a public office or officer shall be deemed
to apply to any office, officer, or employee of this city exercising the
powers, duties, or functions contemplated in the provision, irrespective of
any transfer of functions or change in the official part of the functionary.
§ 10.09
ERRORS AND OMISSIONS.
If a manifest error is discovered, consisting of the
misspelling of any words; the omission of any word or words necessary to
express the intention of the provisions affected; the use of a word or words
to which no meaning can be attached; or the use of a word or words when
another word or words was clearly intended to express the intent, the
spelling shall be corrected and the word or words supplied, omitted, or
substituted as will conform with the manifest intention, and the provisions
shall have the same effect as though the correct words were contained in the
text as originally published.
No alteration shall be made or permitted if any question exists regarding
the nature or extent of the error.
§ 10.10
OFFICIAL TIME.
The official time, as established by applicable state
and federal laws, shall be the official time within this city for the
transaction of all city business.
§ 10.11
REASONABLE TIME.
(A)
In all cases where an ordinance requires an act to be done in a
reasonable time or requires reasonable notice to be given, reasonable time
or notice shall be deemed to mean the time which is necessary for a prompt
performance of the act or the giving of the notice.
(B)
The time within which an act is to be done, as herein provided, shall
be computed by excluding the first day and including the last.
If the last day is a legal holiday or a Sunday, it shall be excluded.
§ 10.12
ORDINANCES REPEALED.
This code, from and after its effective date, shall
contain all of the provisions of a general nature pertaining to the subjects
herein enumerated and embraced.
All prior ordinances pertaining to the subjects treated by this code shall
be deemed repealed from and after the effective date of this code.
§ 10.13
ORDINANCES UNAFFECTED.
All ordinances of a temporary or special nature and all
other ordinances pertaining to subjects not embraced in this code shall
remain in full force and effect unless herein repealed expressly or by
necessary implication.
§ 10.14
EFFECTIVE DATE OF ORDINANCES.
All ordinances passed by the legislative body requiring
publication shall take effect from and after the due publication thereof,
unless otherwise expressly provided.
§ 10.15
REPEAL OR MODIFICATION OF ORDINANCE.
(A)
Whenever any ordinance or part of an ordinance shall be repealed or
modified by a subsequent ordinance, the ordinance or part of an ordinance
thus repealed or modified shall continue in force until the publication of
the ordinance repealing or modifying it when publication is required to give
effect to it, unless otherwise expressly provided.
(B)
No suit, proceedings, right, fine, forfeiture, or penalty instituted,
created, given, secured, or accrued under any ordinance previous to its
repeal shall in any way be affected, released, or discharged, but may be
prosecuted, enjoyed, and recovered as fully as if the ordinance had
continued in force unless it is otherwise expressly provided.
(C)
When any ordinance repealing a former ordinance, clause, or provision
shall be itself repealed, the repeal shall not be construed to revive the
former ordinance, clause, or provision, unless it is expressly provided.
§ 10.16
ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
(A)
If the City Council shall desire to amend any existing chapter or
section of this code, the chapter or section shall be specifically repealed
and a new chapter or section, containing the desired amendment, substituted
in its place.
(B)
Any ordinance which is proposed to add to the existing code a new
chapter or section shall indicate, with reference to the arrangement of this
code, the proper number of the chapter or section.
In addition to this indication as may appear in the text of the
proposed ordinance, a caption or part shall be shown in concise form above
the ordinance.
§ 10.17
PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.
All offenses committed under laws in force prior to the
effective date of this code shall be prosecuted and remain punishable as
provided by those laws. This
code does not affect any rights or liabilities accrued, penalties incurred,
or proceedings begun prior to the effective date of this code.
The liabilities, proceedings and rights are continued; punishments,
penalties, or forfeitures shall be enforced and imposed as if this code had
not been enacted. In
particular, any agreement granting permission to utilize highway
right-of-ways, contracts entered into or franchises granted, the acceptance,
establishment or vacation of any highway, and the election of corporate
officers shall remain valid in all respects, as if this code had not been
enacted.
§ 10.18
COPIES OF CODE.
The official copy of this code shall be kept in the
office of the City Clerk for public inspection.
The Clerk shall provide a copy for sale for a reasonable charge.
§ 10.19
ADOPTION OF STATUTES AND RULES BY REFERENCE.
It is the intention of the City Council that 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.
§ 10.99
GENERAL PENALTY.
(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 Minnesota 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 Minnesota 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)
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.
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