CITY OF FOUNTAIN
ORDINANCE NO. 102
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF FOUNTAIN, MINNESOTA, AMENDING, RESTATING, REVISING, UPDATING, CODIFYING, AND COMPILING CERTAIN ORDINANCES OF THE CITY DEALING WITH THE SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND PROVIDING PENALTIES FOR THE VIOLATION OF THE CODE OF ORDINANCES.
WHEREAS Minnesota Statutes Section 471.62 authorizes the city to adopt the Minnesota Livable City Code of Ordinances by reference and Sections 415.02 and 415.021 authorize the city to cause its ordinances to be codified and printed in a book,
NOW THEREFORE the City Council of the City of Fountain, Minnesota, ordains:
Section 1. The Minnesota livable City Code of Ordinances, 2016 Edition, together with amendments and supplements contained therein, is hereby adopted and shall constitute the “Code of Ordinances of the City of Fountain.” This Code of Ordinances also adopts, by reference, certain statutes and administrative rules of the State of Minnesota as named in the Code of Ordinances. It is the intention of the City Council that, when adopting the Minnesota Livable City Code of Ordinances, all future amendments and supplements are hereby adopted as if they
had been in existence at the time this Ordinance was enacted, unless there is clear intention expressed in the Code to the contrary.
Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following titles and those existing city ordinances also listed in Section 3:
MINNESOTA LIVABLE CITY CODE
TITLE I: GENERAL PROVISIONS
10. General Provision
TITLE III: ADMINISTRATION
30. General Provision
32. Emergency Management
TITLE V: PUBLIC WORKS
50. Garbage and Rubbish
53. Storm Water Drainage Utility
TITLE VII: TRAFFIC CODE
70. Traffic Regulation
71. Parking Regulations
73. Recreational Vehicles
74. Bicycles, Roller Blades, Roller Skates, Roller Skis and Skateboards
TITLE IX: GENERAL REGULATIONS
92. Health and Safety; Nuisances
93. Streets and Sidewalks
TITLE XI: BUSINESS REGULATIONS
110. General licensing Provisions
111. Commercial Amusements
112. Liquor Regulations
113. Peddlers and Solicitors
116. Regulating Lawful Gambling
117. Garage and Rummage Sales
118. Regulation of Public Dances and Special Events
119. Sexually Oriented Businesses
TITLE XIII: GENERAL OFFENSES
130. General Offenses
TITLE XV: LAND USAGE
150. General Provisions
153. Anti-Blight Regulations
Section 3. The City Council wishes to adopt the provisions of Minnesota Livable City Code of Ordinances State Statue 10.98, establishing a procedure for requesting the voluntary payment of administrative penalties for certain violations of the code. The provisions of Minnesota Livable City Code of Ordinances State Statue 10.98 authorize the City Council to identify administrative offenses and establish penalties for these offenses. The City Council hereby adopts the provisions of Minnesota Livable City Code of Ordinances State Statute 10.98 and adopts the following administrative penalties:
Offense…………Code Section…………Amount of Administrative Penalty
All offenses for which an $75
Administrative penalty may be
established under this code,
other than those specified below:
Section 4. Because of its small size, the city lacks the resources to investigate and research the impact sexually oriented businesses would have on the character of the city’s neighborhoods.
The city intends to rely on the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, dated June 6, 1989, as a basis for regulating sexually oriented businesses in this city; and
Therefore, the City Council accepts the recommendations and conclusions of this Report and adopts the recommendations and conclusions by reference of the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, Date June 6, 1989; and by passage of this ordinance implements the provision of Minnesota Basic Code of Ordinances Chapters 119 and 153.
Section 5. These are the prior ordinances that shall remain in effect:
List Ordinances here
Section 6. This ordinance adopting the Code of Ordinances shall be a sufficient publication of any ordinance included in it and not previously published in the city’s official newspaper. The City Clerk shall cause a substantial quantity of the Code of Ordinances to be printed for general distribution to the public at actual cost, and shall furnish a copy of the Code of Ordinances to the County Law Library or its designated depository. The official copy of this Code of Ordinances shall be marked and be kept in the office of the City Clerk.
Section 7. It is the intention of the City Council that, when adopting the Minnesota Livable City Code of Ordinances and any supplements or additions to it, that all existing and future amendments to any state or federal rules and statures adopted by reference or referenced in the Minnesota Liable City Core of Ordinances and any supplements or additions to it are hereby adopted by reference or referenced as if they had been in existence at the time the Minnesota Livable City Code of Ordinances and any supplements or additions to it was, are or may be in the future adopted, unless there is clear intention express in the Code to the contrary.
Section 8. It is the intention of the City Council that, when adopting the Minnesota Livable City Code of Ordinances, all future supplements are hereby adopted as if they had been in existence at the time this code was enacted, unless there is clear intention expressed in the code to the contrary.
Section 9. The Code of Ordinances is declared to be prima facie evidence of the law of the city and shall be received in evidence as provided by Minnesota Statutes by the courts of the State of Minnesota. A copy of the Code of Ordinances marked “Official Copy” shall be filed as part of the official records of the city in the office of the City Clerk. The City Clerk shall provide a copy of the Code of Ordinances to any person who request a copy and shall charge that person the cost to the city of the copy of the Code of Ordinances.
Section 10. Fees and Charges
Section 11. This ordinance adopting the Code of Ordinances, and the Code of Ordinances itself, shall take effect upon publication of this ordinance in the city’s official newspaper.
Section 12. Any amendments to a stature or rule adopted in this Code or any Former code or ordinance which continues to be in effect, shall be included by reference as if the amended statute or rule had been in existence at the time the Code or ordinance was adopted.
Passed by the City Council of Fountain, Minnesota this Wednesday, February 3rd, 2021.
Jim Schott, Mayor
Mary A. Tjepkes, City Clerk