The City Code was revised and revision pages inserted as to all ordinances adopted prior to July 1, 1981, including Ordinance No. 11, 3rd Series. Ordinances adopted subsequent to the above date and number do not appear in this volume.

FORWARD

This book contains the first codification of ordinances in the history of the City of East Grand Forks. It is known as the "CITY CODE". Many cities of our size, with ordinances dating back to the late 1800's, have had numerous printings or so-called compilations" of their municipal. legislation. Over the years the number of ordinances increased with the growth of the City and with changing times. With this increase in the number of ordinances, the difficulty of maintaining knowledge as to the current law also increased. A detailed codification has been considered for some time to more exactly and appropriately organize the legislation, and when the number of ordinances adopted reached well over 300, the City Council wisely determined that codification was essential.

A complete codification of the proportions desired is a difficult and lengthy task. But the effort will be well rewarded if it is found that the City Code accomplishes (1) the elimination of repetition and non-essentials; (2) easy revision incorporating each new ordinance or amendment; (3) comprehensiveness, and (4) the ease of locating a particular subject or provision.

In the City Code, the reader will find an Analysis and a Sub-Analysis, followed by a full text of the City Code. This physical layout is designed to make local law more accessible to the layman, for it is closest to him and touches his life every day. The City Code is dedicated to this purpose.

ROBERT A. MATT

City Attorney

D.E. MACK

Clerk-Treasurer

RODGER E. JENSEN

Codifier

Chapter Title Page

1 DEFINITIONS AND GENERAL PROVISIONS 1

APPLICABLE TO ENTIRE CITY CODE

INCLUDING PENALTY FOR VIOLATION

2 ADMINISTRATION 5

3 BEER, WINE AND LIQUOR LICENSING 31

AND REGULATION

4 CONSTRUCTION LICENSING, PERMITS 45

AND REGULATIONS

5 BUSINESS REGULATION 55

6 STREETS AND SIDEWALKS GENERALLY 71

7 TRAFFIC REGULATIONS 83

8 PARKING REGULATIONS 91

9 PUBLIC PROTECTION, CRIMES 97

AND OFFENSES

10 LAND USE REGULATION (ZONING) 116

11 SUBDIVISION REGULATION (PLATTING) 147

12 UTILITIES 157

13 LISTING OF UNCODED ORDINANCES 189

IN EFFECT

Title Page

CHAPTER 1 DEFINITIONS AND GENERAL PROVISIONS

APPLICABLE TO THE ENTIRE CITY CODE

INCLUDING PENALTY FOR VIOLATION 1

Section 1.01 Application . . . . . . . . . . . . . . . . 1

1.02 Definitions . . . . . . . . . . . . . . . . 1

1.03 Violation a Misdemeanor or

a Petty Misdemeanor . . . . . . . . . . . . 3

1.04 Otherwise Unlawful . . . . . . . . . . . . 3

1.05 Severability . . . . . . . . . . . . . . . 3

1.06 Payment Into City Treasury

of Fines and Penalties . . . . . . . . . . 3

1.07 Meanings . . . . . . . . . . . . . . . . . 3

1.08 Citation . . . . . . . . . . . . . . . . . 3

1.09 Penalties for Each Offense . . . . . . . . 3

1.10 Titles . . . . . . . . . . . . . . . . . . 4

1.11 Reference to a Public

Official . . . . . . . . . . . . . . . . . 4

1.12-1.99 Reserved

c (6-1-86)

Title Page

CHAPTER 2 ADMINISTRATION 5

Sec. 2.01 Organizational Council Meeting -

Rules and Procedures . . . . . . . . . . . . 5

2.02 Regular Council Meeting - Rules and

Procedures . . . . . . . . . . . . . . . . . 5

2.03 Special Council Meeting - Rules and

Procedures . . . . . . . . . . . . . . . . . 6

2.04 All Council Meetings - General Rule . . . . 6-1

2.05 Interim Emergency Succession . . . . . . . . 6-1

2.06 Right to Administrative Appeal . . . . . . . 7

2.07 Rules of Procedure for meetings,

Appeals and Other Hearings . . . . . . . . 7

2.08 Worker's Compensation . . . . . . . . . . . 8

2.09-2.29 Reserved

2.30 Claims and Disbursements . . . . . . . . . . 9

2.31 Facsimile Signatures . . . . . . . . . . . . 9-1

2.32 Disposal of Abandoned Motor Vehicles,

Unclaimed Property and Excess Property . . . 10

2.33 Personnel Rules and Regulations . . . . . . 13-1

2.34-2.49 Reserved

2.50 Planning Commission . . . . . . . . . . . . 14

2.51 Library and Library Board. . . . . . . . . . 16-1

2.52 Civil Service System . . . . . . . . . . . 16-2

2.53 Public Cemetery Established,

Commission and Regulation. . . . . . . . . . 17

2.54 Boards and Commissions Generally . . . . . . 19

2.55 Senior Citizens Center . . . . . . . . . . . 19-1

2.56 Absentee Ballot Counting Board . . . . . . . 19-2

2.57-2.69 Reserved

2.70 Fair Housing . . . . . . . . . . . . . . . . 20

2.71-2.79 Reserved

2.80 City Seal . . . . . . . . . . . . . . . . . 22-2

2.81 City Attorney . . . . . . . . . . . . . . . 22-2

2.82 Clerk and Treasurer Offices Combined . . . . 23

2.83 Civil Defense . . . . . . . . . . . . . . . 23

2.84 Revenue From Sanitary Sewerage Service . . . 27

2.85 Salaries of Certain Board and

Commission Members . . . . . . . . . . . . . 27

2.86 Salaries of Mayor and Aldermen . . . . . . . 27

2.87-2.98 Reserved

2.99 Violation a Misdemeanor. . . . . . . . . . . 29

d (7-1-88)

Title Page

CHAPTER 3 BEER, WINE AND LIQUOR LICENSING

AND REGULATION 31

Sec. 3.01 Definitions . . . . . . . . . . . . . . . . 31

3.02 Applications and Licenses Under This

Chapter - Procedure and Administration . . . 34

3.03 License Restrictions . . . . . . . . . . . . 37-1

3.04 Unlawful Acts . . . . . . . . . . . . . . . 38

3.05 Conduct on Licensed Premises . . . . . . . . 38-1

3.06 Sale by Employee . . . . . . . . . . . . . . 38-1

3.07 License Condition and Unlawful Act . . . . . 38-1

3.08 (Repealed)

3.09 Insurance Certificate Requirements . . . . . 38-1

3.10 Financial Responsibility of Licensees . . . 38-2

3.11 Gambling Prohibited . . . . . . . . . . . . 38-3

3.12 Minors as Defined in Section 3.01 -

Unlawful Acts . . . . . . . . . . . . . . . 38-3

3.13 Consumption and Possession of Alcoholic

Beverages on Streets, Public Property,

and Private Parking Lots to Which

the Public Has Access . . . . . . . . . . . 38-4

3.14 Alcoholic Beverages in Certain

Buildings and Grounds . . . . . . . . . . . 38-5

3.15-3.19 Reserved

3.20 Beer License Required . . . . . . . . . . . 39

3.21 Beer License Fees . . . . . . . . . . . . . 39

3.22 Temporary Beer License . . . . . . . . . . . 39

3.23 Beer License Restrictions and

Regulations . . . . . . . . . . . . . . . . 40

3.24 Hours and Days of Beer Sales . . . . . . . . 40

3.25 Unlawful Acts (Beer) . . . . . . . . . . . . 40

3.26-3.39 Reserved

3.40 Liquor License Required . . . . . . . . . . 42

3.41 Liquor License Fees . . . . . . . . . . . . 42

3.42 Liquor License Restrictions and

Regulations . . . . . . . . . . . . . . . . 43

3.43 Hours and Days of Liquor Sales . . . . . . . 43-1

3.44 Sunday Sales . . . . . . . . . . . . . . . . 43-1

3.45 Unlawful Acts (Liquor) . . . . . . . . . . . 43-1

3.46-3.47 Reserved

e (8-1-95)

Title Page

Sec. 3.48 Sports or Convention Facilities License . . 43-3

3.49 Temporary Liquor License . . . . . . . . . . 43-3

3.50 On-Sale Wine . . . . . . . . . . . . . . . . 44

3.51 Hours and Days of Sales by On-Sale

Wine Licensees . . . . . . . . . . . . . . . 44-1

3.52 Unlawful Acts (Wine) . . . . . . . . . . . . 44.2

3.53-3.69 Reserved

3.70 (Repealed)

3.71 Consumption and Display . . . . . . . . . . 44-3

3.72 Consumption and Display - One Day

License . . . . . . . . . . . . . . . . . . 44-4

3.73-3.89 Reserved

3.90 Nudity or Obscenity Prohibited . . . . . . . 44-5

3.91-3.98 Reserved

3.99 Violation a misdemeanor . . . . . . . . . . 44-6

e-1 (7-1-88)

Title Page

CHAPTER 4 CONSTRUCTION LICENSING, PERMITS

AND REGULATIONS 45

Sec. 4.01 Building Code Adopted . . . . . . . . . . . 45

4.02 Organization and Enforcement . . . . . . . . 45

4.03 Fees . . . . . . . . . . . . . . . . . . . . 45

4.04 Permits and Special Requirements

for Moving Buildings . . . . . . . . . . . . 45

4.05 Adoption of the Minnesota Uniform

Fire Code . . . . . . . . . . . . . . . . . 47

4.06 Relocated Residential Structures . . . . . . 47-1

4.07-4.09 Reserved

4.10 Plumbing Permits and Inspections . . . . . . 48

4.11 Plumbing Permit Fees . . . . . . . . . . . . 48

4.12-4.14 Reserved

4.15 (Repealed)

4.16-4.19 Reserved

4.20 Housing Code Adopted . . . . . . . . . . . . 50

4.21-4.29 Reserved

4.30 Fence Regulations . . . . . . . . . . . . . 51

4.31-4.98 Reserved

4.99 Violation a Misdemeanor . . . . . . . . . . 53

f (8-1-95)

Title Page

CHAPTER 5 BUSINESS REGULATION 55

Sec. 5.01 Definitions . . . . . . . . . . . . . . . . 55

5.02 Applications . . . . . . . . . . . . . . . . 55

5.03 Action on Application for License . . . . . 56

5.04 Carrying or Posting . . . . . . . . . . . . 57

5.05 Penalty for Property Owners . . . . . . . . 57

5.06 Responsibility of Licensee . . . . . . . . . 57

5.07 (Repealed)

5.08 Fixing License Fees . . . . . . . . . . . . 57

5.09 Conditional Licenses . . . . . . . . . . . . 57

5.10 License Denial and Fixing Rates -

Hearing . . . . . . . . . . . . . . . . . . 57

5.11 Insurance Requirements . . . . . . . . . . . 58

5.12-5.29 Reserved

Licenses and Regulations

5.30 (Repealed)

5.31 Shows . . . . . . . . . . . . . . . . . . . 59

5.32 Tobacco . . . . . . . . . . . . . . . . . . 59

5.33 Amusement Centers and Machines . . . . . . . 60

5.34-5.49 Reserved

5.50 Junk Dealers . . . . . . . . . . . . . . . . 61

5.51 Peddlers, Solicitors, and Transient

Merchants . . . . . . . . . . . . . . . . . 61

5.52 Second Hand Dealers . . . . . . . . . . . . 64

5.53 Second Hand Auto Dealers . . . . . . . . . . 65

5.54 Photographers . . . . . . . . . . . . . . . 65

5.55 Taxicabs . . . . . . . . . . . . . . . . . . 66

5.56 Vending Wagons . . . . . . . . . . . . . . . 66-1

5.57 Garbage and Refuse Hauler . . . . . . . . . 66-2

5.58 Installation, Alterations, Servicing

and Repairing of Gas and Oil Piping,

Appliances, and Appurtenances . . . . . . . 66-2

5.59 Plumbers . . . . . . . . . . . . . . . . . . 66-3

5.60 Massage Parlors . . . . . . . . . . . . . . 66-3

Subd. 1 Definitions . . . . . . . . . . . . 66-3

Subd. 2 License . . . . . . . . . . . . . . 66-4

Subd. 3 Qualifications . . . . . . . . . . 66-5

Subd. 4 Construction Requirements . . . . . 66-5

Subd. 5 Health and Disease Control . . . . 66-6

g (7-1-88)

Title Page

Sec. 5.60 Massage Parlors

Subd. 6 Maintenance of Facilities . . . . . 66-6

Subd. 7 Business Hours and Inspection . . . 66-6

Subd. 8 Liquor . . . . . . . . . . . . . . 66-7

Subd. 9 Solicitation . . . . . . . . . . . 66-7

Subd.10 Licensing, Suspended or Revoked . . 66-7

5.61 (Repealed)

5.62 Dances . . . . . . . . . . . . . . . . . . . 66-8

5.63 Lodging Tax . . . . . . . . . . . . . . . . 68

5.64 Alarm-Systems . . . . . . . . . . . . . . . 69

Subd. 1 Purpose . . . . . . . . . . . . . . 69

Subd. 2 Definitions . . . . . . . . . . . . 69

Subd. 3 Permit Required - Exceptions . . . 69-2

Subd. 4 Fire Alarms . . . . . . . . . . . . 69-2

Subd. 5 Permit Fees . . . . . . . . . . . . 69-3

Subd. 6 Application for Alarm Business

Permit . . . . . . . . . . . . . . 69-3

Subd. 7 Application for Alarm Agent Permit 69-4

Subd. 8 Application for Alarm User Permit . 69-4

Subd. 9 Person Ineligible for Permit . . . 69-4

Subd.10 Investigation and Issuance . . . . 69-5

Subd.11 Suspension or Revocation of Permit 69-5

Subd.12 Appeal From Denial, Suspension or

Revocation . . . . . . . . . . . . 69-6

Subd.13 Penalty Charges for False Alarms . 69-6

Subd.14 Penalty Charges for False All-Call

Fire Alarms . . . . . . . . . . . . 69-7

Subd.15 Penalty Charges for False Alarms

Received From Digital Dialing

Equipment . . . . . . . . . . . . . 69-7

Subd.16 Permit Not Assignable . . . . . . . 69-7

Subd.17 Emergency Reporting System;

Prohibition . . . . . . . . . . . . 69-7

Subd.18 Possession, Display, and Surrender

of Permits . . . . . . . . . . . . 69-8

Subd.19 Prohibitions . . . . . . . . . . . 69-8

Subd.20 Limitation of Liability . . . . . . 69-8

5.65-5.98 Reserved

5.99 Violation a Misdemeanor . . . . . . . . . . 70

h (3-1-93)

Title Page

CHAPTER 6 STREETS AND SIDEWALKS GENERALLY 71

(THIS CHAPTER CONTAINS DEFINITIONS, AND PROVISIONS AS TO SCOPE AND APPLICATION RELATING TO CHAPTERS 7 AND 8 AS WELL AS THIS CHAPTER)

Sec. 6.01 Definitions . . . . . . . . . . . . . . . . 71

6.02 Traffic and Parking Control . . . . . . . . 71

6.03 Scope and Orders of Peace Officers . . . . . 72

6.04 Application . . . . . . . . . . . . . . . . 72

6.05 Ice and Snow on Public Sidewalks . . . . . . 72

6.06 Regulation of Grass, Weeds and Trees

in Streets . . . . . . . . . . . . . . . . . 73

6.07 Construction and Reconstruction of

Roadway Surfacing, Sidewalk and

Curb and Gutter . . . . . . . . . . . . . . 74

6.08 Street Openings or Excavations . . . . . . . 75

6.09 Sidewalk Maintenance and Repair. . . . . . . 77-1

6.10 Obstructions in Streets . . . . . . . . . . 78

6.11 Limiting Time of Railway-Street

Crossing Obstruction . . . . . . . . . . . . 79

6.12 Repealed

6.13 Repealed

6.14 Requirement of Sewer and Water Main

Service Lateral Installation . . . . . . . . 79

6.15 Load Limits . . . . . . . . . . . . . . . . 79

6.16 Private Use of Public Streets and

Parking Lot . . . . . . . . . . . . . . . . 80

6.17 Curb Set-Back . . . . . . . . . . . . . . . 80

6.18 Parades . . . . . . . . . . . . . . . . . . 81

6.19 Curb and Gutter, Street and

Sidewalk Painting or Coloring . . . . . . . 81-1

6.20 Motorized Vehicles Prohibited on

Sidewalks . . . . . . . . . . . . . . . . . 81-1

6.21-6.98 Reserved

6.99 Violation a Misdemeanor or Petty

Misdemeanor . . . . . . . . . . . . . . . . 82

i (3-1-93)

Title Page

CHAPTER 7 TRAFFIC REGULATIONS 83

(SEE CHAPTER 6 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER)

Sec. 7.01 Truck Route . . . . . . . . . . . . . . . . 83

7.02 Snowmobile Traffic Control and

Regulations . . . . . . . . . . . . . . . . 83

7.03 Driving Through Private Property,

to Avoid Traffic Signal . . . . . . . . . . 85

7.04 Certain Statutes Adopted by Reference . . . 85

7.05-7.08 Repealed

7.09 Exhibition Driving . . . . . . . . . . . . . 86

7.10 Recreational Motor Vehicle Regulations . . . 86

7.11 U-Turns . . . . . . . . . . . . . . . . . . 87

7.12 Left Turns Prohibited . . . . . . . . . . . 87

7.13 Designated Roadways for Use by

Four-Wheel All-Terrain Vehicles . . . . . . 88

7.14-7.49 Reserved

7.50 Bicycles . . . . . . . . . . . . . . . . . . 90-1

7.51-7.98 Reserved

7.99 Violation a Misdemeanor or Petty

Misdemeanor . . . . . . . . . . . . . . . . 90-3

i (5-15-90)

Title Page

CHAPTER 8 PARKING REGULATIONS 91

(SEE CHAPTER 6 FOR DEFINITIONS, SCOPE AND APPLICATION RELATING TO THIS CHAPTER)

Sec. 8.01 Presumption . . . . . . . . . . . . . . . . 91

8.02 General Parking Prohibitions . . . . . . . . 91

8.03 Unauthorized Removal . . . . . . . . . . . . 91

8.04 House Trailer, Camping Trailer, Other

Trailers and Bus Parking . . . . . . . . . . 91

8.05 Direction to Proceed . . . . . . . . . . . . 92

8.06 Parallel Parking . . . . . . . . . . . . . . 92

8.07 Angle Parking . . . . . . . . . . . . . . . 92

8.08 Streets Without Curb . . . . . . . . . . . . 92

8.09 Parking Hours . . . . . . . . . . . . . . . 92

8.10 Calendar Parking . . . . . . . . . . . . . . 93

8.11 Truck Parking . . . . . . . . . . . . . . . 93-3

8.12 Parking Rules in Municipal Parking

Lots and Ramps . . . . . . . . . . . . . . . 94

8.13 Impounding and Removing Vehicles . . . . . . 94

8.14 Physically Handicapped Parking . . . . . . . 95

8.15 Vehicle Repair on Streets . . . . . . . . . 95

8.16 Courtesy Parking . . . . . . . . . . . . . . 95

8.17 Envelope Fees. . . . . . . . . . . . . . . . 95-1

8.18 Unlawful Act . . . . . . . . . . . . . . . . 95-1

8.19-8.98 Reserved

8.99 Violation a Misdemeanor or Petty

Misdemeanor . . . . . . . . . . . . . . . . 96

k (5-15-90)

Title Page

CHAPTER 9 PUBLIC PROTECTION, CRIMES AND OFFENSES 97

Health

Sec. 9.01 (Repealed)

9.02-9.03 (Repealed)

9.04 Storage, Deposit and Disposal of Refuse . . 97

9.05 Solid Waste Disposal . . . . . . . . . . . . 99 9.06-9.07 (Repealed)

9.08 Toilet Installation Required . . . . . . . . 99

9.09-9.19 Reserved

Safety

9.20 Dangerous Weapons and Articles . . . . . . . 100

9.21 Dog and Cat Regulation and Licensing . . . . 101

9.22-9.26 (Repealed)

9.27 Disorderly Conduct . . . . . . . . . . . . . 103-2

9.28 (Repealed)

9.29 Animals and Fowl - Keeping,

Transporting, Treatment, Housing . . . . . . 104

9.30 Curfew . . . . . . . . . . . . . . . . . . . 105

9.31 Consumption and Possession of

Alcoholic Beverages on Streets,

Public Property, and Private Parking

Lots to Which the Public Has Access

(See Codifier's Note) . . . . . . . . . . . 106

9.32 Alcoholic Beverages in Certain

Buildings (See Codifier's Note) . . . . . . 106

9.33 Noisy Parties . . . . . . . . . . . . . . . 106

9.34 Drug Paraphernalia - Possession,

Manufacture, Advertisement and

Delivery Prohibited . . . . . . . . . . . . 107

9.35 Unlawful Use and Furnishing of Tobacco . . . 107-4

9.36 Roller Blades, Roller Skates and

Skateboards . . . . . . . . . . . . . . . . 107-4

9.37 Wild Animal Regulation . . . . . . . . . . . 107-5

9.38-9.49 Reserved

9.50-9.60 (Repealed)

9.61-9.69 Reserved

l (8-1-95)

Title Page

Sec. 9.70 Open Pits, Basements, and Other

Excavations . . . . . . . . . . . . . . . . 109

9.71 Abandoning a Motor Vehicle . . . . . . . . . 109

9.72 Weeds and Grass on Private Property . . . . 109

9.73-9.79 Reserved

9.80 Firewood Storage . . . . . . . . . . . . . . 109-1

Other Public Protection

9.81 Shade Tree Disease Control and Prevention 110

9.82 (Repealed)

9.83 Junk Cars, Household Furnishings and

Appliances Stored on Private Property . . . 113

9.84 Rules and Regulations Governing

Public Parks . . . . . . . . . . . . . . . . 113

9.85 (Repealed)

9.86 Reserved

9.87-9.88 (Repealed)

9.89 Open Burning of Dried Leaves . . . . . . . . 114

9.90 Anti-Scavenging . . . . . . . . . . . . . . 114

9.91-9.98 Reserved

9.99 Violation a Misdemeanor or Petty

Misdemeanor . . . . . . . . . . . . . . . . 115

m (8-1-95)

Title Page

CHAPTER 10 LAND USE REGULATION (ZONING) 116

Sec. 10.01 Purposes and Intent . . . . . . . . . . . . 116

10.02 Scope; Interpretation . . . . . . . . . . . 116

10.03 Definitions . . . . . . . . . . . . . . . . 116

10.04 Use Districts . . . . . . . . . . . . . . . 121-1

10.05 A - Agricultural District . . . . . . . . . 122

10.06 R-A - Agricultural Residence District . . . 124

10.07 R-1 - Single Family Residence . . . . . . . 125

10.08 R-2 - General Residence District . . . . . 126

10.09 R-3 - Apartment Residence District. . . . . 128-1

10.10 R-3 - Apartment Residence, Community

Unit Projects (CUP) . . . . . . . . . . . . 130

10.11 R-5 - High Density Multi-Family Low

Rent Housing and Housing for the Elderly . 131

10.12 C-1 - General Commercial . . . . . . . . . 133

10.13 C-2 - Highway Commercial . . . . . . . . . 135

10.14 I-1 - General Industry . . . . . . . . . . 136

10.15 I-2 - Light Industrial . . . . . . . . . . 137

10.16 FW - Floodway . . . . . . . . . . . . . . . 138

10.17 FF - Flood Fringe . . . . . . . . . . . . . 140

10.18 General Requirements. . . . . . . . . . . . 141-3

Subd. 1 Institutional Lot Requirements . 141-3

Subd. 2 (Repealed)

Subd. 3 Residential Yard Storage . . . . 143

Subd. 4 Refuse . . . . . . . . . . . . . 143

Subd. 5 Screening . . . . . . . . . . . . 143

Subd. 6 Landscaping . . . . . . . . . . . 143

Subd. 7 Parking . . . . . . . . . . . . . 144

Subd. 8 Architectural Requirements . . . 144

Subd. 9 Manufactured Home Courts and

Manufactured Homes . . . . . . . 144

Subd. 10 Non-Conforming Uses . . . . . . . 146

Subd. 11 Public Utilities . . . . . . . . 146-1

Subd. 12 Wind Energy Conversion Systems 146-2

Subd. 13 Travel Trailers and Travel

Vehicles . . . . . . . . . . . . 146-4

10.19 Administration . . . . . . . . . . . . . . 146-5

Subd. 1 Appeals . . . . . . . . . . . . . 146-5

Subd. 2 Special Use Permits . . . . . . . 146-5

Subd. 3 Amendments . . . . . . . . . . . 146-7

Subd. 4 Enforcement . . . . . . . . . . . 146-8

n (8-1-95)

Title Page

Sec. 10.19 Administration (cont.)

Subd. 5 State and Federal Permits . . . . 146-8

Subd. 6 Record of First Floor Elevations 146-8

Subd. 7 Certification . . . . . . . . . . 146-9

10.20 Variances . . . . . . . . . . . . . . . . . 146-9

10.21 Special Provisions - Satellite Dish

Antennas . . . . . . . . . . . . . . . . . . 146-9.1

10.22 Signs . . . . . . . . . . . . . . . . . . . 146-10

Subd. 1 General Provisions . . . . . . . . 146-10

Subd. 2 Safety, Visibility, and Nuisance

Provisions . . . . . . . . . . . . . . . . 146-15

Subd. 3 Sign Performance Standards:

Business and Industrial Districts . . . . . 146-16

Subd. 4 Sign Performance Standards:

Residential Areas . . . . . . . . . . . . . 146-18

Subd. 5 Prohibited Signs . . . . . . . . . 146-19

Subd. 6 Exempt Signs . . . . . . . . . . . 146-20

10.23-10.98 Reserved

10.99 Violation a Misdemeanor . . . . . . . . . . 146-23

n-1 (3-1-93)

Title Page

CHAPTER 11 SUBDIVISION REGULATION (PLATTING) 147

Sec. 11.01 General Provisions . . . . . . . . . . . . . 147

11.02 Definitions . . . . . . . . . . . . . . . . 147

11.03 Land Suitability . . . . . . . . . . . . . . 148

11.04 Procedures . . . . . . . . . . . . . . . . . 149

11.05 Presentation Requirements . . . . . . . . . 151

11.06 Design Standards . . . . . . . . . . . . . . 153

11.07 Required Improvements. . . . . . . . . . . . 154-2

11.08 Public Land . . . . . . . . . . . . . . . . 154-3

11.09 Variances and Exceptions . . . . . . . . . . 154-3

11.10 Building Permits . . . . . . . . . . . . . . 154-3

11.11 Contiguous Lot Subdivision . . . . . . . . . 155

11.12-11.98 Reserved

11.99 Violation a Misdemeanor. . . . . . . . . . . 156

o (5-15-90)

Title Page

CHAPTER 12 UTILITIES 157

Sec. 12.01 Definitions . . . . . . . . . . . . . . . . 157

12.02 Fixing Rates and Charges . . . . . . . . . . 157

12.03 Contractual Contents . . . . . . . . . . . . 158

12.04 Rules and Regulations Relating to

Municipal Utilities . . . . . . . . . . . . 159

12.05 Electric Energy Franchise . . . . . . . . . 161-1

12.06 Franchise Ordinance . . . . . . . . . . . . 161-2

12.07-12.19 Reserved

12.20 Rules and Regulations Relating to

Water Service . . . . . . . . . . . . . . . 162

12.21-12.39 Reserved

12.40 Rules and Regulations Relating to

Sewerage Service . . . . . . . . . . . . . . 163

12.41-12.59 Reserved

12.60 Rules and Regulations Relating to

Refuse Collection Service . . . . . . . . . 166

12.61-12.79 Reserved

12.80 Cable TV Franchise . . . . . . . . . . . . . 167

Subd. 1 Statement of Intent and Purpose . 167

Subd. 2 Definitions . . . . . . . . . . . 167

Subd. 3 Grant of Authority and General

Provisions . . . . . . . . . . . 169

Subd. 4 Design Provisions . . . . . . . . 173

Subd. 5 Service Provisions . . . . . . . 174-2

Subd. 6 Construction Provisions . . . . . 174-5

Subd. 7 Operation and maintenance . . . . 174-9

Subd. 8 Consumer Protection Provisions . 174-14

Subd. 9 General Financial and Insurance

Provisions . . . . . . . . . . . 174-18

Subd. 10 Foreclosure, Receivership and

Abandonment . . . . . . . . . . . 174-24

Subd. 11 Removal, Transfer and Purchase . 174-25

Subd. 12 Rights of Individuals Protected . 174-28

Subd. 13 Miscellaneous Provisions . . . . 174-29

Subd. 14 Effective Date; Publication; and

Time of Acceptance . . . . . . . 174-32

Subd. 15 EXHIBIT "A" Adopted by Reference 174-33

12.82 Gas Franchise Fee . . . . . . . . . . . . . 179

12.83 Transfers to General Fund . . . . . . . . . 179-1

12.83-12.98 Reserved

12.99 Violation a Misdemeanor . . . . . . . . . . 180

p (8-1-95)

Title Page

CHAPTER 13 LISTING OF UNCODED ORDINANCES IN EFFECT 189

Establish Sewer District . . . . . . . . . . 190

Establish Water Works System . . . . . . . . 190

Franchises . . . . . . . . . . . . . . . . . 190

Adoption of Codification . . . . . . . . . . 190

Grant of Community Fire Alarm

Surveillance System Franchise . . . . . . . 190-1

Establish Storm Sewer Improvement

Tax District . . . . . . . . . . . . . . . . 190-2

Extension of Gambling Licenses . . . . . . . 190-2

Naming Streets . . . . . . . . . . . . . . . 191

Charter Amendments . . . . . . . . . . . . . 191

Annexations . . . . . . . . . . . . . . . . 192

Zoning Map Amendments . . . . . . . . . . . 196

q (8-1-95)

Title Page

CHAPTER 1 DEFINITIONS AND GENERAL PROVISIONS

APPLICABLE TO THE ENTIRE CITY CODE

INCLUDING PENALTY FOR VIOLATION 1

Section 1.01 Application . . . . . . . . . . . . . . . . 1

1.02 Definitions . . . . . . . . . . . . . . . . 1

1.03 Violation a Misdemeanor or

a Petty Misdemeanor . . . . . . . . . . . . 3

1.04 Otherwise Unlawful . . . . . . . . . . . . 3

1.05 Severability . . . . . . . . . . . . . . . 3

1.06 Payment Into City Treasury

of Fines and Penalties . . . . . . . . . . 3

1.07 Meanings . . . . . . . . . . . . . . . . . 3

1.08 Citation . . . . . . . . . . . . . . . . . 3

1.09 Penalties for Each Offense . . . . . . . . 3

1.10 Titles . . . . . . . . . . . . . . . . . . 4

1.11 Reference to a Public Official . . . . . . 4

1.12-1.99 Reserved

(6-1-86)

SECTION 1.01. APPLICATION. The provisions of this Chapter shall be applicable to all the chapters, subdivisions, paragraphs, and provisions in the City Code, and the City Code shall apply to all persons and property within the City of East Grand Forks, Minnesota, and within such adjacent area as may be stated in specific provisions thereof.

SEC. 1.02. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of every chapter, section, subdivision, paragraph or provision of this City Code, shall have the meanings and inclusions subjoined to them:

Subd. 1. The term "City" means the City of East Grand Forks, Minnesota, acting by or through its duly authorized representative.

Subd. 2. The terms "Council" and "City Council" mean the City Council of the City of East Grand Forks, Minnesota.

Subd. 3. The term "person" includes all firms, partnerships, associations, corporations and natural persons.

Subd. 4. The term "Clerk-Treasurer" shall mean the terms "City Clerk" and "City Treasurer" and means the person duly appointed and acting in such capacity.

Subd. 5. The words "written" and "in writing" mean any mode of representing words and letters in the English language.

Subd. 6. The term "street" means the entire area dedicated to public use, or contained in an easement or other conveyance or grant to the City, and shall include, but not be limited to, roadways, boulevards, sidewalks, alleys, and other public property between lateral property lines in which a roadway lies.

Subd. 7. The term "intersection" means the area embraced within the prolongation or connection of the lateral curb line or, if no curb, then the lateral boundary lines of the roadways or streets which join one another, at, or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other-angle may come in conflict.

Subd. 8. The term "roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel. In the event a street includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

1 (9-15-73)

1.02

Subd. 9. The term "police officer" means every officer authorized to direct or regulate traffic, keep the peace, and appointed for the purpose of law enforcement.

Source: City Code

Effective Date: 9-15-73

Subd. 10. The term "misdemeanor" means the crime for which a sentence of not more than ninety (90) days or a fine of not more than $700.00, or both, may be imposed.

Source: Ordinance No. 37, 3rd Series

Effective Date: 6-1-84

Subd. 11. The term "petty misdemeanor" means an offense, which does not constitute a crime, and for which a sentence of a fine of not more than $200.00 may be imposed.

Source: Ordinance No. 90, 3rd Series

Effective Date: 6-24-88

Subd. 12. The term "conviction" means either of the following accepted and recorded by the Court:

A. A plea of guilty; or,

B. A verdict of guilty by a jury or a finding of guilty by the Court.

Subd. 13. The term "crime" means conduct which is prohibited by ordinance or by statute and for which the actor may be sentenced to imprisonment or fine.

Subd. 14. The term "ordinance" means an ordinance duly adopted by the City Council of East Grand Forks, Minnesota.

Subd. 15. The term "may" is permissive.

Subd. 16. The term "shall" is mandatory.

Subd. 17. The term "violate" includes failure to comply with.

Subd. 18. The term "premises" means any lot, piece or parcel of land within a continuous boundary whether publicly or privately owned, occupied or possessed.

Source: City Code

Effective Date: 9-15-73

2 (7-1-88)

1.02

Subd. 19. The terms "public property" and "public place" mean any place, property or premises dedicated to public use, owned by the City, occupied by the City as a lessee, or occupied by the City as a street by reason of an easement, including, but not limited to, streets, parks or parking lots so owned or occupied.

Subd. 20. The term "private property" means all prop-

2-1 (7-1-88)

erty not included within the definition of public property or public place.

Source: Ordinance No. 1, 3rd Series

Effective Date: 6-6-81

SEC. 1.03. VIOLATION A MISDEMEANOR OR A PETTY MISDEMEANOR. Every person violates a chapter, section, subdivision, paragraph or provision of this City Code when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor, or as for a petty misdemeanor, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision violated appears. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charge were proved.

SEC. 1.04. OTHERWISE UNLAWFUL. The City Code does not authorize an act or omission otherwise prohibited by law.

SEC. 1.05. SEVERABILITY. Every chapter, section, subdivision, paragraph or provision of the City Code shall be, and is hereby declared, severable from every other such chapter, section, subdivision, paragraph or provision and if any part or portion of any of them shall be held invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or provision.

SEC. 1.06. PAYMENT INTO CITY TREASURY OF FINES AND PENALTIES. All fines, forfeitures and penalties recovered for the violation of any ordinance of the City shall be paid to the City Treasury by the Court or officer thereof receiving such monies. Payment shall be made in the manner and at the time provided by law.

SEC. 1.07. MEANINGS. As used in this City Code, words of the male gender shall include the female and neuter, and the singular shall include the plural and the plural shall include the singular.

SEC. 1.08. CITATION. This codification of the ordinances of the City of East Grand Forks shall henceforth be known as the City Code and cited thus: "City Code, Sec. _____."

SEC. 1.09. PENALTIES FOR EACH OFFENSE. When a penalty or forfeiture is provided for the violation of a chapter, section, subdivision, paragraph or provision of this City Code, such penalty or forfeiture shall be construed to be for each such violation.

Source: City Code

Effective Date: 9-15-73

3 (7-1-81)

1.10

SEC. 1.10. TITLES. A title or caption to or in any chapter, section, subdivision, subparagraph or other provision of the City Code is for convenience only and shall not limit, expand, or otherwise alter or control the content, wording or interpretation thereof.

SEC. 1.11. REFERENCE TO A PUBLIC OFFICIAL. Wherever a public official is referred to in the City Code, the reference shall include such public official or his designee.

Source: Ordinance No. 63, 3rd Series

Effective Date: 5-16-86

(Sections 1.12 through 1.99, inclusive, reserved for future expansion.)

4 (6-1-86)

Title Page

CHAPTER 2 ADMINISTRATION 5

Sec. 2.01 Organizational Council Meeting -

Rules and Procedures . . . . . . . . . . . . . . 5

2.02 Regular Council Meeting - Rules and

Procedures . . . . . . . . . . . . . . . . . . . 5

2.03 Special Council Meeting - Rules and

Procedures . . . . . . . . . . . . . . . . . . . 6

2.04 All Council Meetings - General Rule . . . . . . 6-1

2.05 Interim Emergency Succession . . . . . . . . . . 6-1

2.06 Right to Administrative Appeal . . . . . . . . . 7

2.07 Rules of Procedure for meetings,

Appeals and Other Hearings . . . . . . . . . . 7

2.08 Worker's Compensation . . . . . . . . . . . . . 8

2.09-2.29 Reserved

2.30 Claims and Disbursements . . . . . . . . . . . . 9

2.31 Facsimile Signatures . . . . . . . . . . . . . . 9-1

2.32 Disposal of Abandoned Motor Vehicles,

Unclaimed Property and Excess Property . . . . . 10

2.33 Personnel Rules and Regulations . . . . . . . . 13-1

2.34-2.49 Reserved

2.50 Planning Commission . . . . . . . . . . . . . . 14

2.51 Library and Library Board. . . . . . . . . . . . 16-1

2.52 Civil Service System . . . . . . . . . . . . . 16-2

2.53 Public Cemetery Established,

Commission and Regulation. . . . . . . . . . . . 17

2.54 Boards and Commissions Generally

2.55 Senior Citizens Center . . . . . . . . . . . . . 19-1

2.56 Absentee Ballot Counting Board . . . . . . . . . 19-2

2.57-2.69 Reserved

2.80 Fair Housing . . . . . . . . . . . . . . . . . . 20

2.71-2.79 Reserved

2.80 City Seal . . . . . . . . . . . . . . . . . . . 22-2

2.81 City Attorney . . . . . . . . . . . . . . . . . 22-2

2.82 Clerk and Treasurer Offices Combined . . . . . . 23

2.83 Civil Defense . . . . . . . . . . . . . . . . . 23

2.84 Revenue From Sanitary Sewerage Service . . . . . 27

2.85 Salaries of Certain Board and

Commission Members . . . . . . . . . . . . . . . 27

2.86 Salaries of Mayor and Aldermen . . . . . . . . . 27

2.87-2.98 Reserved

2.99 Violation a Misdemeanor. . . . . . . . . . . . . 29

(7-1-88)

SECTION 2.01. ORGANIZATIONAL COUNCIL MEETINGS - RULES AND PROCEDURES.

Subd. 1. Time and Place. The organizational meeting of the Council shall be held on the first Tuesday after the first Monday in January next following the City election, in the Council Chamber of the City Hall at 7:30 o'clock P.M.

Subd. 2. Order of Business. The order of business at organizational meetings shall be as follows:

A. Call to Order.

B. Roll Call.

C. Determination of a Quorum.

D. Election of a President and Vice-President

of the Council.

E. Other Appointments and Elections.

F. Adjournment.

Source: City Code

Effective Date: 9-15-73

Subd. 3. Temporary Chairman. The City Attorney, or in his absence the Assistant City Attorney, shall serve as temporary chairman until the President and Vice-President of the Council have been elected and qualified. If either the President or Vice-President is present at the meeting, and qualifies, the temporary officer shall vacate the chair and the permanent officers shall take charge of the meeting. If neither the President nor Vice-President is present at the meeting, the temporary officer shall serve through adjournment.

Source: Ordinance No. 172, 3rd Series

Effective Date: 4-20-95

SEC. 2.02. REGULAR COUNCIL MEETING - RULES AND PROCEDURES.

Subd. 1. Time and Place. The first regular meeting in January of each even numbered year shall be held immediately following the organizational meeting. All regular meetings thereafter shall be held on the first Tuesday after the first Monday and the third Thursday of each month. All regular meetings shall be held in the Council Chambers of the City Hall at the hour set by the Council at the organizational meeting.

Subd. 2. Preparation and Procedure. The Clerk-Treasurer shall prepare the following items: (1) an agenda for the forthcoming meeting; and (2) a copy of all minutes to be considered. The Clerk-Treasurer shall forthwith cause to be mailed to the Mayor and each Alderman copies of all said documents. The order of business at regular meetings shall be as follows:

5 (8-1-95)

2.02

A. Call to Order.

B. Roll Call.

C. Determination of a Quorum.

D. Approval of Minutes (actual reading may be waived if each member of the Council was furnished with a copy thereof as hereinbefore set forth).

E. Scheduled Bid Lettings.

F. Scheduled Public Hearings.

G. Licenses and Permits.

H. Reports of Officers, Boards and Commissions.

I. Communications.

J. Old Business.

K. New Business.

L. Claims.

M. Adjournment.

Matters inappropriate for consideration at a meeting, or not in the order specified, shall not be considered except upon a showing of good cause and unanimous consent by the Council to suspend the rules.

Source: City Code

Effective Date: 9-15-73

Subd. 3. Temporary President. In the absence of the President and Vice-President, the provisions of this Chapter relating to Temporary Chairman shall be followed to elect a Temporary President until such time as the absent officials return to their positions or their positions.

Source: Ordinance No. 172 - 3rd Series

Effective Date: 4-20-95

SEC. 2.03. SPECIAL COUNCIL MEETING - RULES AND PROCEDURES.

Subd. 1. Place. Special Council meetings shall be held in the Council Chambers of the City Hall or such other place as may be specified in the notice thereof.

Source: City Code

Effective Date: 9-15-73

Subd. 2. Call and Notice. Special meetings of the Council may be called by the President or by any two other members of the Council by writing filed with the Clerk-Treasurer stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the Clerk-Treasurer to each member of the Council by mailing a copy of such filing to all members who did not sign or issue the call at least three (3) days prior to the time stated therein, or by personal service at least seventy-two (72) hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Council members are present at the meeting or consent thereto in

6 (8-1-95)

2.03

writing. Any such consent shall be filed with the Clerk-Treasurer prior to the beginning of the meeting. Any special meeting attended by all Council members shall be a valid meeting for the transaction of any business that may come before the meeting. Meetings of the Council which are adjourned from time-to-time shall not be subject to the foregoing notice requirements; nor shall special meetings which, in the judgment of the Council, require immediate consideration to meet an emergency require such notice, but may be called by telephone communication or any other expeditious means. Notice to the public and to news media shall be given as required by statute.

Source: Ordinance No. 143, 3rd Series

Effective Date: 12-4-92

Subd. 3. Order of Business. The order of business at a special meeting shall be as follows:

A. Call to Order.

B. Roll Call.

C. Determination of a Quorum.

D. Business or Purpose Stated in Call or Waiver.

E. Adjournment.

SEC. 2.04. ALL COUNCIL MEETINGS - GENERAL RULE. Robert's Rules of Order (Revised) shall govern all Council meetings as to procedural matters not otherwise set forth herein.

SEC. 2.05. INTERIM EMERGENCY SUCCESSION

Subd. 1. Purpose. Due to the existing possibility of a nuclear attack or a natural disaster requiring a declaration of a state of emergency, it is found urgent and necessary to insure the continuity of duly elected and lawful leadership of the City to provide for the continuity of the government and the emergency interim succession of key governmental officials by providing a method for temporary emergency appointments to their offices.

Subd. 2. Succession to Local Offices. In the event of a nuclear attack upon the United States or a natural disaster affecting the vicinity of the City, the Mayor, Council and Clerk-Treasurer shall be forthwith notified by any one of said persons and by any means available to gather at the City

6-1 (8-1-95)

Hall. In the event that safety or convenience dictate, an alternative place of meeting may be designated. Those gathered shall proceed as follows:

A. By majority vote of those persons present, regardless of number, they shall elect a Chairman and Secretary to preside and keep minutes, respectively.

B. They shall review and record the specific facts relating to the nuclear attack or natural disaster and injuries to persons or damage to property already done, or the imminence thereof.

C. They may, based on such facts, declare a state of emergency.

D. By majority vote of those persons present, regardless of number, they shall fill all positions on the Council, (including the office of Mayor) of those persons upon whom notice could not be served or who are unable to be present.

E. Such interim successors shall serve until such time as the duly elected official is again available and returns to his position, or the state of emergency has passed and a successor is designated and qualifies as required by law, whichever shall occur first.

Subd. 3. Duties of the Interim Emergency Council. The Interim Emergency Council shall exercise the powers and duties of their offices, and appoint other key government officials to serve during the emergency.

Source: City Code

Effective Date: 9-15-73

SEC. 2.06. RIGHT TO ADMINISTRATIVE APPEAL. If any person shall be aggrieved by any administrative decision of the City Clerk-Treasurer or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the mayor and City Clerk-Treasurer at least five (5) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence he deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. The Mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on his own motion or the motion of the appellant, the City Clerk-Treasurer, or a member of the Council, adjourn the hearing to a more convenient time or place, but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening.

SEC. 2.07. RULES OF PROCEDURE FOR MEETINGS, APPEALS AND OTHER HEARINGS. The Council may adopt by resolution certain written rules of procedure to be followed in all meetings, administrative appeals, and other hearings of the Council or other deliberative bodies. Such rules of procedure shall be effective thirty (30)

7 (7-1-81)

2.07

days after adoption and shall be for the purpose of establishing and maintaining order and (decorum in the proceedings.

Source: Ordinance No. 2, 3rd Series .

Effective Date: 6-6-81

SEC. 2.08. WORKER'S COMPENSATION.

Subd. 1. Contractors. The City shall not enter into any contract for doing public work before receiving from all other contracting parties acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes.

Subd. 2. City Officers. All officers of the City elected or appointed for a regular term of office or to complete the unexpired portion of any such regular term shall be included in the definition of "employee" as defined in Minnesota Statutes relating to coverage for purposes of workers compensation entitlement.

Subd. 3. Permittees and Licensees. No permit or license to engage in a business, shall be issued by the City until the applicant presents acceptable evidence of compliance with the worker's compensation insurance coverage requirement of Minnesota Statutes by providing a current certificate thereof, or the permit to self-insure.

Source: Ordinance No. 112, 3rd Series

Effective Date: 5-4-90

(Sections 2.09 through 2.29, inclusive, reserved for future expansion.)

8 (5-15-90)

SEC. 2.30. CLAIMS AND DISBURSEMENTS.

Subd. 1. Claims. All claims shall be made in writing, itemized, contain a declaration by the claimant that it is a just and correct account and that no part of it has been paid, and be signed by the claimant. The claim shall be in proper form before it is considered by the Council. The form of declaration shall be such as is required by State law, and if no such requirement exists, then as adopted by the Council.

Subd. 2. Waiver of Claim. The verified account may, if so directed by the Council, be waived if, on the reverse side of the check, above the space for endorsement by the payee, the following statement is printed. "The undersigned payee, in endorsing this check, declares that the same is received in payment of a just and correct claim against the City, and that no part of it has heretofore been paid."

Subd. 3. Time of Filing Claim. In order to have his claim considered by the Council at a regular meeting, the claimant must have filed the same in proper form with the Clerk-Treasurer at least two (2) days prior to the time scheduled for such meeting.

Subd. 4. Disbursements. All disbursements shall be made by check signed by the proper officers after being duly authorized by the Council, and every such check shall specify the purpose for which the disbursement is made and indicate that it is to be paid out of the proper fund. But no such order shall be paid until there is money to the credit of the fund out of which it is to be paid sufficient to pay the same together with all then outstanding encumbrances upon such fund. No claim against the City shall be allowed, except as otherwise provided in this Chapter, unless accompanied by an itemized account and voucher, pay- roll or time sheet signed by a responsible officer who has personal knowledge of the facts in the case and certifies to the correctness and reasonableness of the claim, and that it is a proper claim against the City; provided, however, that the Council may provide for a regular payment without specific individual authorization or filing of an itemized account and voucher, payroll or time sheet of the salaries and wages of regular employees or laborers, and any other fixed charges which have been previously duly and regularly authorized.

9 (9-15-73)

SEC. 2.31. FACSIMILE SIGNATURES. The Clerk-Treasurer is hereby authorized to request a depository of City funds to honor an order for payment when such instrument bears a facsimile of his signature and other duly designated officials, and to charge the same to the account designated thereon or upon which it is drawn, as effectively as though it were his manually written signature. Such authority is granted only for the purpose of permitting such officers an economy of time and effort.

Source: City Code

Effective Date: 9-15-73

9-1 (9-15-73)

2.32

SEC. 2.32. DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIMED PROPERTY AND EXCESS PROPERTY.

Subd. 1. Disposal of Abandoned Motor Vehicles.

A. Definitions.

1. The term "abandoned motor vehicle" means a motor vehicle as defined in Minnesota Statutes, Chapter 169, that has remained for a period of more than forty-eight hours on public property illegally or lacking vital component parts, or has remained for a period of more than forty-eight hours on private property without the consent of the person in control of such property, or in an inoperable condition such that it has no substantial potential further use consistent with its usual function unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to and accepted by the City. A classic car or pioneer car, as defined in Minnesota Statutes, Chapter 168, shall not be considered an abandoned motor vehicle within the meaning of this Section. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the City Code, shall not be considered abandoned motor vehicles within the meaning of this Section.

2. The term "vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.

B. Custody. The City may take into custody and impound any abandoned motor vehicle.

C. Immediate Sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction, and shall not be subject to the notification, reclamation, or title provisions of this Subdivision.

D. Notice.

1. When an abandoned motor vehicle does not fall within the provisions of Subparagraph C of this Subdivision, the City shall give notice of the taking within ten days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under Subparagraph E of this Subdivision, and shall state that failure of the owner

10 (7-1-81)

2.32

or lien holder to exercise their right to reclaim the vehicle and contents shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle and contents at a public auction pursuant to Subparagraph F of this Subdivision.

2 . The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record. If it is impos-

10-1 (7-1-81)

sible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy.

E. Right to Reclaim.

1. The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within fifteen days after the date of the notice required by this Subdivision.

2. Nothing in this Subdivision shall be construed to impair any lien of a garage keeper under the laws of this State, or the right of the lien holder to foreclose. For the purposes of this Subparagraph E "garage keeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.

F. Public Sale.

1. An abandoned motor vehicle and contents taken into custody and not reclaimed under Subparagraph E of this Subdivision shall be sold to the highest bidder at public auction or sale, following one published notice published at least seven days prior to such auction or sale. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.

2. From the proceeds of the sale of an abandoned motor vehicle, the City shall reimburse itself for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred pursuant to this Subdivision. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for ninety days and then shall be deposited in the General Fund of the City.

G. Disposal of Vehicles Not Sold. Where no bid has been received for an abandoned motor vehicle, the City may dispose of it in accordance with this Subdivision.

H. Contracts and Disposal.

1. The City may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.

2. Where the City enters into a contract with a person duly licensed by the Minnesota Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency's plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where a contract has been approved, the Agency may reimburse the City for the costs incurred under the contract which have not been reimbursed.

3. If the City utilizes its own equipment and

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2.32

personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.

Source: Ordinance No. 2, 3rd Series

Effective Date: 6-6-81

Subd. 2. Disposal of Unclaimed Property.

A. Definitions. The term "abandoned property" means tangible. or intangible property that has lawfully come into the possession of the City in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the City for at least sixty days and has been declared such by a resolution of the Council.

B. Preliminary Notice. If the Clerk-Treasurer knows the identity and whereabouts of the owner, he shall serve written notice upon him at least thirty (30) days prior to a declaration of abandonment by the Council. If the City acquired possession from a prior holder, the identity and whereabouts of whom are known by the Clerk-Treasurer notice shall also be served upon him. Such notice shall describe the property and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of thirty days from the date of such notice.

C. Notice and Sale. Upon adoption of a resolution declaring certain property to be abandoned property, the Clerk-Treasurer shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three (3) weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the Council in its resolution declaring property abandoned and stated in the notice.

D. Fund and Claims Thereon. All proceeds from such sale shall be paid into the General Fund of the City and expenses thereof paid therefrom. The former owner, if he makes claim within eight (8) months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro-rata

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share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the General Fund.

Source: City Code

Effective Date: 9-15-73

Subd. 3. Disposal of Excess Property.

A. Declaration of Surplus and Authorizing Sale of Property. The Clerk-Treasurer may, from time to time, recommend to the Council that certain personal property (chattels) owned by the City is no longer needed for a municipal purpose and should be sold. By action of the Council, said property shall be declared surplus, the value estimated and the Clerk-Treasurer authorized to dispose of said property in the manner stated herein.

B. Surplus Property With a Total Estimated Value of Less than $500.00. The Clerk-Treasurer may sell surplus property with a total value of less than $500.00 through negotiated sale.

C. Surplus Property With a Total Estimated Value Between $500.00 and $1,000.00. The Clerk-Treasurer shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $500.00 to $1,000.00. Notice of such public sale shall be given stating time and place of sale and generally describing the property to be sold at least ten (10) days prior to the date of sale either by publication once in the official newspaper, or by posting in a conspicuous place in the City Hall at the Clerk-Treasurer's option. Such sale shall be by auction.

D. Surplus Property With a Total Estimated Value Over $1,000.00. The Clerk-Treasurer shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $1,000.00. Notice of such public sale shall be given stating time and place of sale and generally describing property to be sold at least ten days prior to the date of sale by publication once in the official newspaper. Such sale shall be to the person submitting the highest sealed bid.

E. Receipts From Sales of Surplus Property. All receipts from sales of surplus property under this Section shall be placed in the Administrative (General Fund) Fund.

Source: Ordinance No. 112, 3rd Series

Effective Date: 5-4-90

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Subd. 4. Persons Who May Not Purchase - Exception.

A. No employee of the City who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the City in a professional capacity, may be a purchaser of property under this Section. Other City employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week's published or posted notice of sale is given.

B. It is unlawful for any person to be a purchaser of property under this Section if such purchase is prohibited by the terms of this Section.

SEC. 2.33. PERSONNEL RULES AND REGULATIONS. The Council may, by resolution, establish personnel rules setting forth the rights, duties and responsibilities of employees. Such rules may from time to time be amended.

Source: Ordinance No. 2, 3rd Series

Effective Date: 6-6-81

(Sections 2.34 through 2.49, inclusive, reserved for future expansion.)

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SEC. 2.50. PLANNING COMMISSION.

Subd. 1. Establishment of Commission. A City Planning Commission for the City is hereby established.

Source: Ordinance No. 181

Effective Date: 11-30-61

Subd. 2. Composition. Such Planning Commission shall consist of nine members. Six members shall be appointed by the Mayor and approved by a majority of the Council and may be removed by a four-fifths vote of the Council. The City Engineer or any engineer appointed by the Mayor and approved by the majority of the Council and the City Attorney or Assistant City Attorney shall be advisory members, said advisory members shall be non-voting members of the Planning Commission, and shall serve in an advisory capacity; and the Council shall select one member of the Commission from its own members. Of the members of the Commission first appointed, one shall be appointed for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years. Of the two additional members appointed by the Mayor and approved by the majority of the Council, as provided in this amendment, at the time of their appointment, one shall be appointed to a term to expire December 5, 1980, and one shall be appointed to a term to expire December 5, 1981; thereafter all appointments shall be for a term of four years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. The terms of advisory members shall correspond to their respective tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member shall before entering upon the discharge of his duties take an oath that he will faithfully discharge the duties of his office. All members shall serve without compensation. If any person serving on the Planning Commission shall find that his private or personal interests are involved in any matter coming before the Commission, said member shall disqualify himself from taking part in any action on the matter, or said member may be disqualified by the Planning Commission.

Source: Ordinance No. 2, 3rd Series

Effective Date: 6-6-81

Subd. 3. Organization Meetings, etc. The Commission shall elect a chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. On or before January first of each year, the Commission shall submit to the Council a report of its work during the preceding year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the Council.

Subd. 4. Adoption of Program of Work. Upon the appoint-

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ment and organization of the Commission, it shall proceed with the preparation and adoption of resolution of a program of work, outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. Such a program will include: (a) an outline of data and information to be assembled as a basis for the City plan; (b) an outline of subjects to be covered by the City plan; (c) an outline of types of procedure necessary to make the City plan effective. The Planning Commission may, by resolution, revise its program of work from time to time.

Subd. 5. Preparation of City Plan. It shall be the function and duty of the Planning Commission to prepare and adopt a comprehensive City plan for the physical development of the City, including proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments, the use of property, the density of population, and other matters relating to the physical development of, the City. Such plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commission's program of work.

Subd. 6. Procedure of Adopting of Plan. Before adopting the City plan or any section of it or any substantial amendment thereof, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by publication in a newspaper of general circulation at least ten (10) days before the day of the hearing. The adoption of the City plan or of any section or amendment thereof shall be by resolution of the Commission, approved by the affirmative vote of not less than five-sevenths of its total membership. The Commission may from time to time amend or add to the City plan or section thereof as herein provided for the adoption of the original plan whenever changed conditions or further studies by the Commission indicate that such amendment or addition is necessary. An attested copy of the plan or of any section, amendment, or addition to the City plan adopted by the Planninq Commission shall be certified to the Council.

Subd. 7. Means of Executing Plan. Upon the adoption of the City plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect such plan or section thereof in order that the same will serve as a pattern and guide for the orderly physical development of the City and as a basis for the efficient expenditure of the funds thereof relating to the subjects of such City plans. Such means shall consist of a zoning plan, the control of subdivision plats, a plan of future streets, coordination of the normal public improvements of the City, a long term program of capital expenditures and such other matters as will accomplish the purposes of this Subdivision.

Subd. 8. Zoning Plan. The Planning Commission upon its own motion may and upon instructions by the Council shall prepare a revised zoning plan for the City. Before recommending such plan to the Council, the Planning Commission shall hold at least one public hearing thereon after a notice similar to that required by

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Subdivision 6. The same procedure shall apply for the preparation of any plan of proposed rights of way for future streets or highways, or the future widening of existing streets or highways, or for the reservation of lands for other public purposes.

Subd. 9. Official Map of Street Extensions. The Planning Commission, with the assistance of the City Engineer or any engineer appointed by the Mayor and approved by a majority of the Council may and upon instruction by the Council shall prepare an official map of the platted and unplatted portions of the City and adjoining territory, or portions thereof, indicating upon such map the proposed future extension or widening of streets of the City within such existing platted and developed territory or across such unplatted territory. After such map has been prepared and a hearing on it has been held as provided in Subdivision 8, it shall be submitted to the Council, which shall thereupon consider such map and may adopt it or any part of it with such amendments as it deems advisable. Before such adoption by the Council, a public hearing shall be held upon the proposal at least ten (10) days after a notice therefor has been published in the official newspaper of the City. After such map has been adopted by the Council and filed with the Register of Deeds, whenever any existing street or highway is widened or improved, or any new street is opened, or lands for other public purpose are acquired by action of the City it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit after the filing of such map within the limits of the mapped street, or outside any building line that may have been established upon the existing street, or within any area thus reserved for public purposes.

Subd. 10. Plats. Every proposed plat of land within the City or within two (2) miles of the limits of the City and not within a town which itself requires the approval of plats, shall be submitted to the Council before being filed and no plat of land shall be filed unless and until the same shall first have been ap- proved by the Council. Any person who violates this provision or who sells land or offers land for sale or contracts for the sale of land by reference to or by other use of any plat before such plat has been approved by the Planning Commission and the Council in accordance with the provisions of this Subdivision shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300.00 or by imprisonment for not more than ninety (90) days. Before acting on such plat the Council shall submit the same to the Planning Commission for its recommendations. The Planning Commission, within forty (40) days after any such plat has been referred to it by the Council, shall act on the same and shall make its recommendations with respect thereto. Such recommendations may consist of: (a) recommendation that the Council approve such plat; or (b) recommendation that the Council disapprove such plat, in which case such recommendation shall include a statement of the specific reasons for such recommendation; or (c) recommendation that the Council approve such plat after specified changes or revisions are made therein, which recommendations may include the condition that a revised plat, containing such changes or revisions be submitted to the Planning

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Commission, in which case such revised plat shall be so submitted to the Planning Commission for its further consideration and recommendations before action thereon by the Council.

Subd. 11. Procedure for Changes. No change shall be made in the zoning plan, future street and public lands plan, or regulations governing the platting of land after such plans or regulations have been adopted by the Council, until the proposed change has been referred to the Planning Commission for report thereon and an attested copy of such report has been filed with the Council; and no ordinance or resolution establishing any of such plans or specifications shall be adopted by the Council until such ordinance or resolution has been referred to the Planning Commission for a report thereon and an attested copy of such report has been filed with the Council. Failure of the Planning Commission so to report within forty (40) days or such longer period as may be designated by the Council after such reference shall be deemed to be approval of the proposed change.

Subd. 12. List of Recommended Public Works. Each officer, department, board, or commission of, or in the City whose functions include recommending, preparing plans for, or constructing public works shall, at least three (3) months before the end of each fiscal year, submit to the Council a list of the proposed public works recommended by such officer, department, board, or commission for planning, initiation or construction during the ensuing fiscal year. The Council shall request from the local school district a similar list of its proposed public works. The said lists, reports, or recommendations shall be referred by the Council to the Planning Commission which Commission shall list and classify all such proposed public works for the ensuing fiscal year. Such program shall be recommended by the Commission to the Council and to such other officer, departments, boards, or public bodies as have jurisdiction over the recommending, planning or constructing of such public works. A copy of such recommended program of public works shall be included in the annual report of the Planning Commission provided for in Subdivision 3.

Source: Ordinance No. 181

Effective Date: 11-30-61

SEC. 2.51. LIBRARY AND LIBRARY BOARD.

Subd. 1. Establishment. There is hereby established a public library in the City pursuant to the provisions of Minnesota Statutes, Sections 134.07 to 134.15, both inclusive.

Subd. 2. Library Board. The public library shall be under the jurisdiction of a board of five (5) directors, known as "The Library Board of the City of East Grand Forks". Minnesota Statutes, Sections 134.07 to 134.15, both inclusive, shall govern the appointment of the board members, their tenure in office, and their powers and duties.

Subd. 3. Funding. For the purpose of maintaining such library, the Council shall annually levy a tax upon all the tax-

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able property of the City not exceeding eight (8) mills on the dollar. The proceeds of such tax, together with all other moneys received, for such library, shall be paid into the City Treasury and credited to a special fund to be known as "The Library Fund".

Subd. 4. Illegal Acts. It shall be unlawful for any person willfully to commit any injury to any property of the public library or willfully to damage or mutilate any book or periodical belonging to the library or willfully to fail to return any book or periodical belonging to the library after the expiration of the time for which such book or periodical may be kept according to the rules and regulations duly adopted by the board of the public library.

Source: Ordinance No. 203

Effective Date: 1-27-66

SEC. 2.52. CIVIL SERVICE SYSTEM.

Subd. 1. Establishment. Subject to the approval of the voters, there is hereby established for the City the Civil Service Personnel System authorized by Laws 1951, Chapter 675.

Subd. 2. Classified Service. Every employee, as defined by Laws 1951, Chapter 675, shall be in the classified service except those excluded from the classified service by that law and the following employees, who are expressly excluded:

A. Assessor and assistants.

B. City Attorney.

C. Volunteer Firemen.

D. City Physician and Health Officer.

E. Every employee hired by the day or week to perform unskilled or semi-skilled labor.

F. Seasonal employees hired for less than six (6) months in any calendar year.

G. Any person employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation, or examination on behalf of the Council or any agency of the City.

Subd. 3. Personnel Board. There is hereby created a personnel board for the City consisting of three (3) members who shall be appointed by the mayor with the consent of the Council. The provisions of Laws 1951, Chapter 675 shall apply to the composition, terms, appointment, qualification and removal of members of the personnel board.

Subd. 4. Powers and Duties. The personnel board shall have control and supervision over the employment, promotion, discharge and suspension of all employees in the classified service as provided in Laws 1951, Chapter 675.

Source: Ordinance No. 152

Effective Date: 11-6-56

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SEC. 2.53. PUBLIC CEMETERY ESTABLISHED, COMMISSION AND REGULATION.

Subd. 1. Location, Plat, Prohibition of Other Cemeteries. A public cemetery has heretofore been established, named the Resurrection Cemetery of East Grand Forks, and the plat thereof, as prepared by Donald L. Floan, Engineer, has heretofore been approved and filed, said cemetery being established pursuant to the Law of 1895. Chapter 8, Section 133. The establishment, platting and naming of said public cemetery are hereby in all things ratified and confirmed. Said public cemetery being platted on the following tract of land situated in the County of Polk and State of Minnesota, described as follows, to-wit:

A tract of land in the NE1/4 of the NE1/4 of Section 34, Township 152 North, Range 50 West of the 5th Principal Meridian, which tract is described as follows, to-wit: Commencing at the corner common to Sections 26,27,34 and 35 of Township 152 North, Range 50 West of the 5th Principal Meridian, which corner is the true point of beginning; thence south along the section line between sections 34 and 35 for a distance of 1016.00 feet, thence due west for a distance of 1013-36 feet; thence deflecting right 90'05'57" and proceeding northerly 1017.65 feet to the section line common to Sections 34 and 27; thence deflecting right 900 001 11" and proceeding easterly along said section line common to Sections 34 and 27 for a distance of 1000.00 feet to the true point of beginning, said described tract comprised of 23.499 acres in the NE1/4 of the NE1/4 of Section 34, Township 152 North, Range 50 West of the 5th Principal Meridian, County of Polk, and State of Minnesota.

And on such other tracts of land as the Council shall deem necessary. The Council has heretofore approved rules, regulations and charges for said Resurrection Cemetery and said rules, regulations and charges are hereby ratified and confirmed.

Subd. 2. Sale of Lots. The prices of cemetery lots and other services, as determined by Council resolution, shall be filed with the Clerk-Treasurer. Any person paying the price thus fixed for any lot shall be entitled to a deed conveying the same executed by the Mayor and Clerk-Treasurer. The purchaser shall expressly agree in the deed that his rights are subject to such reasonable rules and regulations as the Council may adopt relative to use of the cemetery.

Subd. 3. Handling of Funds. All money received from the sale of lots and other services shall be paid to the Clerk-Treasurer, who shall give a receipt therefor. No deed to any cemetery lot shall be issued nor shall any services be performed until receipt showing payment to the Clerk-Treasurer of cost thereof shall be exhibited to the person whose duty it is to give the deed or perform the services. All money received from the sale of lots and for the performance of services shall be placed in the cemetery fund, which fund shall be used for the payment of purchase price for grounds, or for maintenance and improvements. The Clerk-Treasurer shall keep an account of all receipts and disbursements of money belonging to the cemetery fund and shall pay money out of the fund only on orders signed by the Mayor and countersigned by the Clerk-Treasurer, which orders shall specify that the money shall be paid from the cemetery fund.

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Subd. 4. Burial Permits. Before any interment shall be made in any cemetery in this City, a burial permit shall be obtained from the local or the State registrar of vital statistics. Within thirty-six (36) hours after the death of any person in the City and before the body is removed for burial within the City, the undertaker or person having charge of the interment shall apply for the permit. This application shall be accompanied by a death certificate as prescribed by the State Board of Health. No burial permit shall be issued until the application and death certificate shall have been properly completed and presented. The body of a deceased person shall not be brought into the City for burial unless accompanied by a burial permit for removal issued by the registrar or sub-registrar of the registration district wherein the death occurred.

Subd. 5. Cemetery Commission - Duties. The cemetery shall be under the jurisdiction of a commission of three (3) members, to be known as "The Cemetery Commission of the City of East Grand Forks, Minnesota". The commissioners constituting the Cemetery Commission shall be appointed by the Mayor, with the approval of the Council. Those initially appointed shall be appointed for terms of one (1), two (2), and three (3) years, respectively. Thereafter all commissioners shall be appointed for three (3) years respectively. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made. The commissioners shall hold office until their successors have been appointed and qualified. The Mayor, by and with the consent of the Council, may remove any commissioner for misconduct or neglect. Immediately after appointment, such commission shall organize by electing one of its members chairman and one as vice-chairman. They shall appoint an Executive Secretary, who need not be a member of the commission, who shall be responsible for the records of the commission, and such other duties as the commission shall determine. The salary of the Executive Secretary shall be set by the Council. The Cemetery Commission shall have control and management of the cemetery and be responsible for its maintenance and improvement. They shall have such other powers and duties as are prescribed by law or by the Council.

Subd. 6. The following are illegal acts:

A. No person may discharge any firearm or have possession of any firearm within the cemetery grounds without permission of Cemetery Commission.

B. No person may remove any object from any place in the Cemetery or make any excavation without the consent of the Cemetery Commission.

C. No person may obstruct any drive or path in the cemetery or in any way injure, deface or destroy any structure, grave, flower, tree, or other thing in the cemetery.

D. No person may drive any vehicle faster than a walk within the cemetery, nor drive over any path or roadway not authorized by the Cemetery Commission.

E. No person may disturb the quiet of the cemetery by noise or improper conduct of any kind.

F. No person may enter or leave the cemetery except at the entries provided.

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Source: Ordinance No. 213

Effective Date: 3-28-68

G. No person may use the cemetery grounds or any road therein as a public thoroughfare, nor drive any motorized vehicle through the cemetery grounds except for purposes relating to the cemetery. For the purpose of this Subparagraph, "motorized vehicle" means any self-propelled vehicle equipped with a unit for its propulsion by means of energy stored thereon, including a vehicle designed to be propelled by means of such energy alternatively or in combination with human power, and includes vehicles designed to be drawn by self-propelled vehicles.

Source: Ordinance No. 38, 3rd Series

Effective Date: 6-1-84

H. No child may be permitted within the cemetery unless in the control of an adult.

I. No person may allow an animal to run at large in the cemetery.

J. No person may loiter at any time, nor in the cemetery without permission of the Cemetery Commission at any time between the hours of sunset and 7:00 A.M.

Source: Ordinance No. 213

Effective Date: 3-28-68

SEC. 2.54. BOARDS AND COMMISSIONS GENERALLY. This Section shall apply to, and regulate, all boards and commissions, however created, except where provisions hereof are in conflict with a statute or another provision of the City Code. All board and commission appointments shall be made by the Mayor and confirmed by the Council at the organizational meeting in even numbered years or the first meeting in January of odd numbered years, except as otherwise provided in specific City Code provisions. The term of each appointee shall be established and stated at the time of his appointment, and terms of present board and commission members shall remain unchanged. New appointees shall assume their positions upon being appointed and qualified. When a vacancy occurs during a term it shall be filled in the same manner, but only for the unexpired term. No appointed board or commission member shall be an employee of the City except those who are members by reason of their office. Except as otherwise provided by statute or the City Code, all appointed board and commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in performance of their duties when such expenses are authorized by the Council before they are

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2.54

incurred. The Chairman and Secretary shall be chosen from and by the board or commission membership at its first regular meeting in December of each year to serve for the ensuing year. Any board or commission member may be removed by the Council for misfeasance, malfeasance or nonfeasance in office and his position filled as any other vacancy. All members shall be residents of the City, except that one (1) member of each board may be a resident of Polk County and non-resident of the City, if the Council deems such arrangement advantageous and more representative. Outgoing members of all boards and commissions shall continue in office until new appointments have been made and confirmed, and the appointees duly qualified.

Source: City Code

Effective Date: 9-15-73

SEC. 2.55. SENIOR CITIZENS CENTER.

Subd. 1. Establishment. Pursuant to Minnesota Statutes 471.191, a recreational facility known as the East Grand Forks Senior Citizens Center is hereby established.

Subd. 2. Board of Commissioners. The Senior Citizens Center shall be under the jurisdiction of a Board of Commissioners who shall serve without compensation. The Board of Commissioners shall consist of seven (7) members, all of whom shall be appointed by the Mayor with the approval of the Council. One (1) of the Commissioners must be a member of the Council. Two (2) of the seven (7) persons initially appointed as Commissioners shall be appointed for terms of one (1) year, two (2) of the seven (7) persons initially appointed as Commissioners shall be appointed for terms of two (2) years, and the remaining three (3) persons initially appointed as Commissioners shall be appointed for terms of three (3) years. Thereafter, all Commissioners shall be appointed for terms of three (3) years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. A vacancy is created on the Board of Commissioners when the Council member of the Board of Commissioners ends Council membership. A vacancy for this or any other reason must be filled for the balance of the unexpired term in the manner in which the original appointment was made. A Commissioner may be removed by the Mayor, with the approval of a majority of the Council, for cause after a hearing.

Subd. 3. Officers and Employees. Immediately after appointment, the Board of Commissioners shall elect one of its members President and one of its members as Vice-

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2.55

President. The Board of Commissioners shall appoint a Secretary who need not be a member of the Commission, who shall be responsible for the records of the Commission, and such other duties as the Commission may determine. The Board of Commissioners may hire a Director for the Senior Citizens Center, pursuant to Minnesota Statutes Chapter 44, or may enter into a contract with an individual or an agency willing to provide the services expected of a Director. The Director may also serve as the Secretary. The compensation paid to the Director shall be determined by the Board of Commissioners and shall be paid out of the Board of Commissioners' budget.

Subd. 4. By-Laws. The Board of Commissioners shall submit proposed by-laws to the Council for its consideration. The by-laws shall not take effect until approved by the Council. Thereafter, the Board of Commissioners shall amend its by-laws only with the Council approval.

Subd. 5. Financial Controls. Expenses, charges and other expenditures authorized by the Board of Commissioners shall be presented to the City Clerk-Treasurer for payment from a separate fund designated as the Senior Citizens Fund. An annual budget for the Senior Citizens Fund shall be prepared by the Board of Commissioners and shall be presented to the City Clerk-Treasurer by August 15 of each year for the following year.

Source: Ordinance No. 80, 3rd Series

Effective Date: 1-16-87

SEC. 2.56. ABSENTEE BALLOT COUNTING BOARD. Pursuant to the provisions of Minnesota Statutes, Section 203B.13, the City Council of East Grand Forks, Minnesota, hereby authorizes the Polk County Commissioners to establish an Absentee Ballot Precinct and ratifies the Ordinance of the Polk County Board of Commissioners adopted on the 20th day of August, 1986. Said Absentee Ballot Precinct to be located in the Polk County Courthouse, for the purpose of receiving all absentee ballots for any Statewide Primary or General Election (or Special Referendum) held within the City of East Grand Forks, Minnesota. The Absentee Ballot Precinct shall be under the direct charge and supervision of the Polk County Auditor and shall be administered pursuant to the Minnesota Election Laws without cost to the City of East Grand Forks, Minnesota.

Source: Ordinance No. 75, 3rd Series

Effective Date: 9-12-86

(Sections 2.57 through 2.69, inclusive, reserved for future expansion.)

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SEC. 2.70. FAIR HOUSING.

Subd. 1. Declaration of Fair Housing Policy. Discrimination with regard to housing on the basis of race, sex, creed, religion, marital status, and disability adversely affects the health, welfare, peace and safety of the community. Persons subject to such discrimination suffer depressed living conditions, and create conditions which endanger the public peace and order. The public policy of the City is declared to be to foster equal opportunity for all to obtain decent, safe and sanitary housing without regard to their race, creed, color, national origin, marital status, disability status, sex and strictly in accord with their individual merits as human beings. It is also the policy of the City to protect all persons from all unfounded charges of discrimination.

Subd. 2. Definitions. For the purposes of this Section the following terms, phrases, words and their deviations, shall have the meaning given herein unless the context otherwise indicates:

A. "Discriminate" or "discrimination" includes segregate or separate.

B. "Disability" means a mental or physical condition which constitutes a handicap. Nothing in this Section shall be construed to prohibit any program, service, facility or privilege afforded to a person with a disability which is intended to habitate, rehabilitate or accommodate that person.

C. "Marital status" means the standing, state or condition of one as single or married person.

Subd. 3. Prohibited Acts in Regard to Housing. It is unlawful:

A. For any person to discriminate on grounds of race, creed, religion, color, sex, marital status, status with regard to public assistance, national origin, age or disability, in the sale, lease, or rental of any housing unit or units.

B. For any broker, agent, salesman or other person acting in behalf of another to so discriminate in the sale, lease, or rental of any housing unit or units belonging to such other person.

C. For any person engaged in the business of financing the purchase, rehabilitation, remodeling or repair of housing units or in the business of selling insurance with respect to housing units to refuse to provide such financing or insurance or to discriminate with regard to the terms or conditions thereof by reason of the race, color, sex, religion, creed, national origin, marital status, status with regard to public assistance, age or disability of the applicant or because of the location of the unit or units in areas of the City occupied by persons of a particular race, color, sex, religion, creed, national origin, marital status, status with regard to public assistance, age or disability; or to discriminate by treating differently any person or group of persons who desire to purchase, lease, acquire, construct,

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rehabilitate, repair or maintain real property in a specific urban area because of social, economic or environmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of any such financial assistance or in the extension of services in connection therewith. The bona fide programs of Federal, State or local governmental units or agencies, however structured or authorized to upgrade or improve in any manner a specific urban area shall not be deemed to be a violation of this Subdivision.

D. For any person, having sold, leased, or rented a housing unit or units to any person, to discriminate with respect to facilities, services, or privileges of occupancy by reason of race, color, sex, creed, religion, national origin, age or disability, marital status or status with regard to public assistance.

E. For any person to make or publish any statement evidencing an intent to discriminate on grounds of race, creed, religion, color, sex, national origin or ancestry, marital status, status with regard to public assistance, age or disability, in the sale, lease, or-rental of a housing unit or units.

F. For any person to make any inquiry regarding race, color, sex, creed, religion, national origin, marital status, status with regard to public assistance, age or disability, or to keep any record or use any form of application, designed to elicit such information, in connection with the sale, lease, rental, or financing of a housing unit or units.

G. For any person, for the purpose of inducing a real estate transaction from which he may benefit financially:

1. To represent that a change has occurred or will or may occur in the composition of the block, neighborhood, or area in which the property is located, in respect of the race, color, sex, creed, religion, national origin, marital status, status with regard to public assistance, age or disability of those living there; or,

2. To represent that this change will or may result in the lowering of property values, an increase in crime, or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area concerned.

H. Nothing in this Section shall be construed to require any person or group of persons selling, renting or leasing property to modify the property in any way, or exercise a higher degree of care for a person having a disability than for a person who does not have a disability; nor shall this Section be construed to relieve any person or persons of any obligations generally imposed on all persons regardless of any disability in a written lease, rental agreement, or contract or purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations of such lease, agreement or contract.

I. The provisions of this Section shall not apply to:

1. The rental of a portion of a dwelling containing accommodations for two (2) families, one of which is occu-

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pied by the owner; or,

2. The rental by an owner or occupier of a one-family accommodation in which he resides of a room or rooms in such accommodation to another person or persons if the discrimination is by sex, marital status, status with regard to public assistance or disability. Nothing in this Section shall be construed to require any person or group of persons selling, renting or leasing property to modify the property in any way, or exercise a higher degree of care for a person having a disability than for a person who does not have a disability; nor shall this Section be construed to relieve any person or persons of any obligations generally imposed on all persons regardless of any disability in a written lease, rental agreement, or contract of purchase or sale or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of such lease, agreement or contract.

Subd. 4. Enforcement Procedures. The Housing and Redevelopment Authority in and for the City (HRA) is designated as the enforcement agency for this Section and shall have the power to receive, hear and determine complaints as provided herein. The HRA Executive Director shall promptly investigate, upon complaint or upon his own motion, any violations of this Section. If after investigation, he shall have reason to believe a violation has occurred, he may refer the matter to the City Attorney for criminal prosecution, initiate civil enforcement procedures as herein provided, or enter into a settlement agreement which, when approved by the HRA Board of Commissioners, shall have the same force as an HRA Board of Commissioners order.

Subd. 5. Statute of Limitations. No action may be brought for civil enforcement or criminal prosecution unless the charge of alleged discriminatory practice was filed with the HRA within 180 days from the occurrence of the practice.

Subd. 6. Civil Enforcement Procedure. Civil enforcement procedures shall be prosecuted by the HRA Executive Director before the HRA Board of Commissioners in the following manner:

A. The HRA Executive Director shall serve upon the respondent by certified mail a complaint, signed by him, which shall set forth a clear and concise statement of the facts constituting the violation, set a time and place for hearing, and advise the respondent of his right to file an answer to appear in person or by an attorney and to examine and cross-examine witnesses.

B. The hearing shall not be less than twenty days after service of the complaint. At any time prior to the hearing the respondent may file an answer. Fact-s not denied by answer shall be deemed admitted. If the answer sets out new matter, it shall be deemed denied by the Executive Director.

C. The complaint or answer may be amended at any given time prior to the hearing with the consent of the opposing party.

D. Hearings shall be before the HRA Board of Commissioners.

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E. The HRA Executive Director may obtain subpoenas from the District Court to compel the attendance of witnesses and the production of documents at any hearing.

F. If, after hearing, the panel shall conclude that a violation has occurred, it shall prepare an order which may contain any provision deemed desirable to do justice to the complainant or to prevent further violations. It may include provisions which require the respondent to rent, sell, or lease particular housing to the complainant or to do any other thing as may be just. The panels findings of fact and order shall be served on the respondent and each member of the HRA Board of Commissioners (herewith referred to as the HRA Board) by mail shall become the findings and order of the HRA Board unless, within ten days after mailing of the findings and order, the HRA Board shall revoke or amend the order, but any order of a panel may be modified by the HRA Board at any time.

Source: Ordinance No. 148, 2nd Series

Effective Date: 6-24-78

(Sections 2.71 through 2.79, inclusive, reserved for future expansion.)

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SEC. 2.80. CITY SEAL. All contracts to which the City is a party, in addition to being signed by the Mayor and Clerk-Treasurer shall be sealed with the City's seal. Said seal shall be kept in the custody of the Clerk-Treasurer and affixed by him. The official seal shall be in a circular form, have engraved thereupon "THE CITY OF EAST GRAND FORKS" and such other words, figures or emblems as the Council may, by resolution, designate.

SEC. 2.81. CITY ATTORNEY. The City Attorney shall perform such duties as are required of him by law or referred to him by the Council or its agent. In addition thereto, it shall be the official duty of the City Attorney to act as "Revisor of Ordinances".

Source: City Code

Effective Date: 9-15-73

SEC. 2.82. CLERK AND TREASURER OFFICES COMBINED. Pursuant to the authority of Chapter 331, Section 1, of the Laws of the State of Minnesota for 1967, the offices of the City Clerk and City Treasurer shall be and hereby are combined in the office of the Clerk-Treasurer, and thereafter the duties of the Treasurer and the Clerk shall be performed by the Clerk-Treasurer.

Source: Ordinance No. 225

Effective Date: 10-30-69

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SEC. 2.83. CIVIL DEFENSE.

Subd. 1. Policy and Purpose.

A. Because of the existence and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the. public peace, health, and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary:

1. To establish a local civil defense agency;

2. To provide for the exercise of necessary powers during civil defense emergencies;

3. To provide for the rendering of mutual aid between this City and other political subdivisions of this State and other states with respect to the carrying out of civil defense functions.

B. It is further declared to be the purpose of this Section and policy of the City that all civil defense functions of this City be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this State, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

Subd. 2. Definitions.

A. The term "Civil Defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action. These functions include, without limitation, fire-fighting services, medical and health services, rescue, engineering, air-raid warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions.

B. The term "Civil Defense Emergency" means an emergency declared by the Governor under the Minnesota Civil Defense Act of 1951, Laws 1951, Chapter 694, Section 301.

C. The term "Civil Defense Forces" means any personnel employed by the City and any other volunteer or paid member of the local civil defense agency engaged in carrying on civil defense functions in accordance with the provisions of this Section or any rule or order thereunder.

Subd. 3. Establishment of Civil Defense Agency.

A. There is hereby created within the City Government

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a civil defense agency for the purpose of carrying out all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair, injury and damage resulting from disaster, and all other functions authorized under Minnesota Civil Defense Act of 1951. Laws 1951, Chapter 694).

B. There is hereby created an office of "Director of Civil Defense", appointed by the Council for an indefinite term and may be removed by them at any time. He shall be paid a salary, which amount shall be set by the Council and shall be reimbursed for any necessary expenses.

C. The director shall have direct responsibility for the organization' administration and operation of the Civil Defense Agency, subject to the direction and control of the Mayor. The Civil Defense Agency shall be organized into such divisions and bureaus, consistent with State and local civil defense plans, as the director deems necessary to provide for the efficient performance of local defense functions during a Civil Defense emergency.

Subd. 4. Powers and Duties of the Director.

A. The Director with the consent of the Council shall develop mutual aid agreements with other political subdivisions within or outside the State for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted. Such arrangements shall be consistent with State civil defense plans and shall be presented to the Council for approval. Any mutual aid arrangements with a political subdivision of another state, shall be subject to approval of the Governor.

B. The Director shall make such studies and surveys of the manpower, industries, resources and facilities of the City as he deems necessary to determine their adequacy for civil defense and to plan for the most efficient use in time of a civil defense emergency.

C. The Director shall prepare a comprehensive general plan for the civil defense of the City and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all Municipal agencies and all civil defense forces of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Director shall coordinate the civil defense activities of the City to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the State and correlated with the civil defense plans of other political subdivisions within the State.

D. The Director shall take all preparatory steps necessary to insure the prompt and accurate carrying out of provisions included in the City civil defense plan. He may from time to time conduct such practice air raid alerts or other civil defense exercises as he may deem necessary.

E. The Director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent possible. The officers and personnel of all such departments and agencies shall to the maximum extent practicable, cooperate with and extend such services and facilities to the local civil defense agency and to the Governor upon request. The head of each department and agency, in cooperation with and under the direction of the Director, shall be

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responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his department or agency.

F. Consistent with the civil defense plan the Director shall recruit and direct the training of all necessary volunteer workers and emergency personnel needed to make up the City civil defense forces.

G. The Director shall direct and coordinate the general operation of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of Stat