100 General Provisions
101. City Code (To Top of Page | Back to Ordinance Contents)
101.01 City Code.
Subdivision 1. How Cited. This code of ordinances shall be known as The Detroit Lakes City Code and may be so cited.
Subd. 2. 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 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 items identical to those contained in this ordinance, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the code, the city administrator, 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.
Subd. 3. Numbering. Each section number of this code consists of two component parts separated by a decimal. The 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.
Subd. 4. 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.
Subd. 5. Copies. Copies of this code shall be kept in the office of the city administrator for public inspection or sale for a reasonable charge, as determined by the council.
101.02 Definitions. Unless the context clearly indicates otherwise, the following words have the meaning given them in this section.
Subdivision 1. City. "City" means City of Detroit Lakes.
Subd. 2. State. "State" means State of Minnesota.
Subd. 3. City Administrator. "City Administrator" means the city administrator.
Subd. 4. 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.
Subd. 5. Code. "Code" means the Detroit Lakes City Code.
101.03 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 council.
101.04 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 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 this code.
101.05 Hearings.
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.
Subd. 2. Notice. Every hearing shall be preceded by ten days' mailed notice to all persons entitled thereto by law, ordinance, or regulation unless only published notice is required. Mailed notice shall be deemed given upon mailing of the notice, by first class mail, to the individual or entity being notified, at the last known address of such individual or entity. 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.
Subd. 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 proceedings. The council may adopt rules governing the conduct of hearings, records to be made, and such other matters as it deems necessary.
Subd. 4. Record. Upon the disposition of any matter after hearing, the council shall have prepared a written summary of its findings and decisions and enter the summary in the official council minutes.
101.06 Penalties.
Subdivision 1. Petty Misdemeanors. Unless otherwise provided, any violation of this Code is declared to be a petty misdemeanor and shall be subject to maximum penalty provided for petty misdemeanor violations of Minnesota State Statutes. Provided, however, that any violation of this Code within twelve months of two previous convictions for the same or substantially similar violation shall be a misdemeanor. A violation of this Code constituting a misdemeanor shall be subject to those penalties provided for misdemeanor violations of Minnesota State law, plus such costs of prosecution as may be determined by the Court.
Subd. 2. Misdemeanors. A violation of this Code constituting a misdemeanor shall be subject to those penalties provided for misdemeanor violations of Minnesota State law, plus such costs of prosecution as may be determined by the Court.
Subd. 3. Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.
Subd. 4. Application to 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.
Subd. 5. Separability. If any ordinance or part thereof in the Detroit Lakes City Code or hereafter enacted is held invalid or suspended, such invalidity or suspension shall not apply to any other part of the ordinance or any other ordinance unless it is specifically provided otherwise.
Amended: 05/07/96 Ord. No. 136