PARK RAPIDS, MINNESOTA CODE OF ORDINANCES

This Version of the codes is highly edited so the City of Park Rapids does not take responsibility for any errors

that may have occurred during that editing.

PARK RAPIDS, MINNESOTA

CODE OF ORDINANCES

2015 S-12 Supplement contains:

Local legislation current through Ord. 552, passed 11-25-2014

AMERICAN LEGAL PUBLISHING CORPORATION

432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588

TITLE I: GENERAL PROVISIONS

Chapter

10. GENERAL PROVISIONS

CHAPTER 10: GENERAL PROVISIONS

Section

10.01 Title of code

10.02 Rules of interpretation

10.03 Application to future ordinances

10.04 Captions

10.05 Definitions

10.06 Severability

10.07 Reference to other sections

10.08 Reference to offices

10.09 Errors and omissions

10.10 Official time

10.11 Reasonable time

10.12 Ordinances repealed

10.13 Ordinances unaffected

10.14 Effective date of ordinances

10.15 Repeal or modification of ordinance

10.16 Ordinances which amend or supplement code

10.17 Preservation of penalties, offenses, rights and liabilities

10.18 Copies of code

10.19 Adoption of statutes and rules by reference

10.20 Enforcement

10.98 Supplemental administrative penalties

10.99 General penalty

§ 10.01 TITLE OF CODE.

(A) (1) All ordinances of a permanent and general nature of the city, as revised, codified,

rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be

known and designated as the “city code,” for which designation “code of ordinances,” “codified

ordinances” or “code” may be substituted.

(2) Code title, chapter, and section headings do not constitute any part of the law as contained

in the code.

(B) All references to codes, titles, chapters, and sections are to the components of the code unless

otherwise specified. Any component code may be referred to and cited by its name, such as the

“Traffic Code.” Sections may be referred to and cited by the designation “§” followed by the number,

such as “§ 10.01.” Headings and captions used in this code other than the title, chapter, and section

numbers are employed for reference purposes only and shall not be deemed a part of the text of any

section.

§ 10.02 RULES OF INTERPRETATION.

(A) Generally. Unless otherwise provided herein, or by law or implication required, the same

rules of construction, definition, and application shall govern the interpretation of this code as those

governing the interpretation of state law.

(B) Specific rules of interpretation. The construction of all ordinances of this city shall be by the

following rules, unless that construction is plainly repugnant to the intent of the legislative body or of

the context of the same ordinance:

(1) AND or OR. Either conjunction shall include the other as if written “and/or,” whenever

the context requires.

(2) Acts by assistants. When a statute, code provisions or ordinance requires an act to be

done which, by law, an agent or deputy as well may do as the principal, that requisition shall be

satisfied by the performance of the act by an authorized agent or deputy.

(3) Gender; singular and plural; tenses. Words denoting the masculine gender shall be

deemed to include the feminine and neuter genders; words in the singular shall include the plural, and

words in the plural shall include the singular; the use of a verb in the present tense shall include the

future, if applicable.

(4) General term. A general term following specific enumeration of terms is not to be

limited to the class enumerated unless expressly so limited.

§ 10.03 APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I compatible with future legislation shall apply to ordinances hereafter

adopted which amend or supplement this code unless otherwise specifically provided.

§ 10.04 CAPTIONS.

Headings and captions used in this code other than the title, chapter, and section numbers are

employed for reference purposes only and shall not be deemed a part of the text of any section.

§ 10.05 DEFINITIONS.

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense.

However, technical words and phrases having a peculiar and appropriate meaning in law shall be

understood according to their technical import.

(B) Definitions. For the purpose of this code, the following definitions shall apply unless the

context clearly indicates or requires a different meaning.

CITY. The area within the corporate boundaries of the City of Park Rapids, Minnesota, as

presently established or as amended by ordinance, annexation or other legal actions at a future time.

The term CITY when used in this code may also be used to refer to the City Council and its authorized

representatives.

CITY ADMINISTRATOR. The city employee responsible for administering the city affairs.

CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by

amendment, revision, and adoption of new titles, chapters, or sections.

COUNCIL. The City Council.

COUNTY. County of Hubbard, Minnesota.

GENDER. The masculine shall include the feminine.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an

oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM

and AFFIRMED. All terms shall mean a pledge taken by the person and administered by an

individual authorized by state law.

OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer,

office, employee, commission, or department of Park Rapids unless the context clearly requires

otherwise.

OWNER. Includes any part owner, joint owner, tenant in common, tenant in partnership, joint

tenant, or tenant by the entirety of the whole or of a part of the building or land.

PERSON. Extends to and includes an individual, person, persons, firm, corporation,

copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing a

penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the

partners or members thereof, and as applied to corporations, the officers or agents thereof.

PERSONAL PROPERTY. Every species of property, except real property.

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL. The act referred to is mandatory.

SIDEWALK. Any portion of a street between the curbline and the adjacent property line,

intended for the use of pedestrians.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of Minnesota.

STREET or HIGHWAY. The entire width between the boundary lines of any way or place

when any part therof is open to the use of the public, as a matter of right, for purposes of vehicular

traffic.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter

analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related

by the subject matter of the heading. Not all chapters have subchapters.

TENANT. Includes any person holding written or oral lease of, or who occupies the whole or

part of the building or land, either alone or with others.

WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed.

(Prior Code, § 1-2)

§ 10.06 SEVERABILITY.

If any provision of this code as now or later amended or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions that can be given effect

without the invalid provision or application.

§ 10.07 REFERENCE TO OTHER SECTIONS.

Whenever in 1 section reference is made to another section hereof, that reference shall extend and

apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the

subject matter is changed or materially altered by the amendment or revision.

§ 10.08 REFERENCE TO OFFICES.

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee

of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of

any transfer of functions or change in the official title of the functionary.

§ 10.09 ERRORS AND OMISSIONS.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any

word or words necessary to express the intention of the provisions affected; the use of a word or words

to which no meaning can be attached; or the use of a word or words when another word or words was

clearly intended to express the intent, the spelling shall be corrected and the word or words supplied,

omitted, or substituted as will conform with the manifest intention, and the provisions shall have the

same effect as though the correct words were contained in the text as originally published. No

alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

§ 10.10 OFFICIAL TIME.

The official time, as established by applicable state and federal laws, shall be the official time

within this city for the transaction of all city business.

§ 10.11 REASONABLE TIME.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires

reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is

necessary for a prompt performance of the act or the giving of the notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by

excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall be

excluded.

§ 10.12 ORDINANCES REPEALED.

(A) This code, from and after its effective date, shall contain all of the provisions of a general

nature pertaining to the subjects herein enumerated and embraced.

(B) All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed

from and after the effective date of this code.

§ 10.13 ORDINANCES UNAFFECTED.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not

embraced in this code shall remain in full force and effect unless herein repealed expressly or by

necessary implication.

§ 10.14 EFFECTIVE DATE OF ORDINANCES.

All ordinances passed by the legislative body requiring publication shall take effect from and after

the due publication thereof, unless otherwise expressly provided.

§ 10.15 REPEAL OR MODIFICATION OF ORDINANCE.

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent

ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until

the publication of the ordinance repealing or modifying it when publication is required to give effect to

it, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or

accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged,

but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force

unless it is otherwise expressly provided.

repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it

is expressly provided.

§ 10.16 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.

(A) If the City Council shall desire to amend any existing chapter or section of this code, the

chapter or section shall be specifically repealed and a new chapter or section, containing the desired

amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section shall

indicate, with reference to the arrangement of this code, the proper number of the chapter or section. In

addition to this indication as may appear in the text of the proposed ordinance, a caption or title shall be

shown in concise form above the ordinance.

§ 10.17 PRESERVATION OF PENALTIES, OFFENSES, RIGHTS AND LIABILITIES.

All offenses committed under laws in force prior to the effective date of this code shall be

prosecuted and remain punishable as provided by those laws. This code does not affect any rights or

liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The

liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced

and imposed as if this code had not been enacted. In particular, any agreement granting permission to

utilize highway right-of-ways, contracts entered into or franchises granted, the acceptance,

establishment or vacation of any highway, and the election of corporate officers shall remain valid in

all respects, as if this code had not been enacted.

§ 10.18 COPIES OF CODE.

The official copy of this code shall be kept in the office of the City Clerk for public inspection.

The Clerk shall provide a copy for sale for a reasonable charge.

§ 10.19 ADOPTION OF STATUTES AND RULES BY REFERENCE.

It is the intention of the City Council that, when adopting this code, all future amendments to any

state or federal rules and statutes adopted by reference in this code or referenced in this code are hereby

adopted by reference or referenced as if they had been in existence at the time this code was adopted,

unless there is clear intention expressed in the code to the contrary.

§ 10.20 ENFORCEMENT.

(A) Any licensed police officer of the City's Police Department, or the County Sheriff, or any

Deputy Sheriff shall have the authority to enforce any provision of this code.

(B) As permitted by M.S. § 626.862, as it may be amended from time to time, the City Clerk shall

have the authority to administer and enforce this code. In addition, under that statutory authority,

certain individuals designated within the code or by the Clerk or City Council shall have the authority

to administer and enforce the provisions specified. All and any person or persons designated may issue

a citation in lieu of arrest or continued detention to enforce any provision of the code.

responsibility to perform a duty under this code may with the permission of a licensee of a business or

owner of any property or resident of a dwelling, or other person in control of any premises, inspect or

otherwise enter any property to enforce compliance with this code.

(D) If the licensee, owner, resident, or other person in control of a premises objects to the

inspection of or entrance to the property, the City Clerk, police officer, or any employee or official

charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause

exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and

obtain a search warrant before conducting the inspection or otherwise entering the property. This

warrant shall be only to determine whether the provisions of this code enacted to protect the health,

safety and welfare of the people are being complied with and to enforce these provisions only, and no

criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be

probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause

does not depend on specific knowledge of the condition of a particular property.

(E) Every licensee, owner, resident or other person in control of property within the city shall

permit at reasonable times inspections of or entrance to the property by the City Clerk or any other

authorized city officer or employee only to determine whether the provisions of this code enacted to

protect the health, safety and welfare of the people are being complied with and to enforce these

provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be

grounds for termination of any and all permits, licenses or city service to the property. Mailed notice

shall be given to the licensee, owner, resident or other person in control of the property, stating the

grounds for the termination, and the licensee, owner, resident or other person in control of the property

shall be given an opportunity to appear before the City Clerk to object to the termination before it

occurs, subject to appeal of the Clerk's decision to the City Council at a regularly scheduled or special

meeting.

(F) Nothing in this section shall be construed to limit the authority of the city to enter private

property in urgent emergency situations where there is an imminent danger in order to protect the

public health, safety and welfare.

§ 10.98 SUPPLEMENTAL ADMINISTRATIVE PENALTIES.

(A) In addition to those administrative penalties established in this code and the enforcement

powers granted in § 10.20, the City Council is authorized to create by resolution, adopted by a majority

of the members of the Council, supplemental administrative penalties.

(B) These administrative penalty procedures in this section are intended to provide the public and

the city with an informal, cost effective and expeditious alternative to traditional criminal charges for

violations of certain provisions of this code. The procedures are intended to be voluntary on the part of

those who have been charged with those offenses.

penalties established in the code or in statutes that are adopted by reference, may be established from

time to time by resolution of a majority of the members of the City Council. In order to be effective, an

administrative penalty for a particular violation must be established before the violation occurred.

(D) In the discretion of the peace officer, City Clerk, or other person giving notice of an alleged

violation of a provision of this code, in a written notice of an alleged violation, sent by first class mail

to the person who is alleged to have violated the code, the person giving notice may request the

payment of a voluntary administrative penalty for the violation directly to the City Treasurer within 14

days of the notice of the violation. In the sole discretion of the person giving the notice of the alleged

violation, the time for payment may be extended an additional 14 days, whether or not requested by the

person to whom the notice has been given. In addition to the administrative penalty, the person giving

notice may request in the notice to the alleged violator to adopt a compliance plan to correct the

situation resulting in the alleged violation and may provide that if the alleged violator corrects the

situation resulting in the alleged violation within the time specified in the notice, that the payment of

the administrative penalty will be waived.

(E) At any time before the payment of the administrative penalty is due, the person who has been

given notice of an alleged violation may request to appear before the City Council to contest the

request for payment of the penalty. After a hearing before the Council, the Council may determine to

withdraw the request for payment or to renew the request for payment. Because the payment of the

administrative penalty is voluntary, there shall be no appeal from the decision of the Council.

(F) At any time after the date the payment of the administrative penalty is due, if the

administrative penalty remains unpaid or the situation creating the alleged violation remains

uncorrected, the city, through its Attorney, may bring criminal charges in accordance with state law

and this code. Likewise, the city, in its discretion, may bring criminal charges in the first instance,

rather than requesting the payment of an administrative penalty, even if a penalty for the particular

violation has been established by Council resolution. If the administrative penalty is paid, or if any

requested correction of the situation resulting in the violation is completed, no criminal charges shall be

initiated by the city for the alleged violation.

§ 10.99 GENERAL PENALTY.

(A) Any person, firm, or corporation who violates any provision of this code for which another

penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty

which may be imposed for any crime which is a misdemeanor under this code, including Minnesota

Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not

more than $1,000, or both.

(B) Any person, firm or corporation who violates any provision of this code, including Minnesota

Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon

conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense

which is a petty misdemeanor shall be a sentence of a fine of not more than $300.

added. A separate offense shall be deemed committed upon each day during which a violation occurs

or continues.

(D) The failure of any officer or employee of the city to perform any official duty imposed by this

code shall not subject the officer or employee to the penalty imposed for a violation.

(E) In addition to any penalties provided for in this section or in § 10.98, if any person, firm or

corporation fails to comply with any provision of this code, the Council or any city official designated

by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.

TITLE III: ADMINISTRATION

Chapter

30. CITY ADMINISTRATION

31. BOARDS, AGENCIES, AND COMMISSIONS

32. FIRE PREVENTION AND PROTECTION

33. LAW ENFORCEMENT

34. FINANCES

35. CITY POLICIES

36. FEE SCHEDULE

37. EMERGENCY MANAGEMENT

38. EMPLOYMENT BACKGROUND CHECKS

CHAPTER 30: CITY ADMINISTRATION

Section

General Provisions

30.01 City elections

30.02 Terms of office

30.03 Hearings

Council

30.15 Regular meetings

30.16 Special meetings

30.17 Initial meeting of each year

30.18 Public meetings

30.19 Presiding officer

30.20 Rules of procedure

30.21 Appeals procedure

30.22 Rights of presiding officer

30.23 Minutes

30.24 Order of business

30.25 Quorum and voting

30.26 Ordinances, resolutions, motions, petitions, and communications

30.27 Committees

30.28 Suspension or amendment of rules

30.29 Salaries of Mayor and Council members

City Administrator

30.40 Appointment

30.41 Duties

30.42 Organizational chart

30.43 Separate offices for City Clerk and Treasurer

4 Park Rapids - Administration

GENERAL PROVISIONS

' 30.01 CITY ELECTIONS.

The municipal general election shall be held on the first Tuesday after the first Monday in

November in every even numbered year.

(Prior Code, ' 2-1) (Ord. 297, passed 1999)

' 30.02 TERMS OF OFFICE.

The Mayor shall be elected to a 2 year term of office, expiring every even numbered year.

Council members shall be elected to 4 year terms of office, with 2 member=s terms expiring every

even numbered year.

(Prior Code, ' 2-2) (Ord. 297, passed 1999)

' 30.03 HEARINGS.

(A) General. Unless otherwise provided in this code, or by law, every public hearing required by

law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted

in accordance with this section.

(B) Notice. Every hearing shall be preceded by notice of a nature to comply with the provisions

and authoritative interpretations of the Minnesota Open Meeting law, M.S. '' 13D.01 and 13D.02, as

they may be amended from time to time. Failure to give notice or defects in it shall not invalidate the

proceedings if a good faith effort has been made to comply with this division.

heard and to present any evidence as is relevant to the proceeding. The Council may adopt rules

governing the conduct of hearings, records to be made, and other matters as it deems necessary.

(Prior Code, ' 2-3)

City Administration 5

CITY COUNCIL

' 30.15 REGULAR MEETINGS.

(A) Regular meetings of the Council shall be held at least monthly on the date and at the time set

by the Council at its re-organizational meeting.

(B) Any regular meeting falling upon a holiday shall be held on the next following business day at

the same time and place.

by City Council.

(Prior Code, ' 2-31)

' 30.16 SPECIAL MEETINGS.

(A) The Mayor or any 2 members of the Council may call a special meeting of the Council upon

reasonable notice to each member of the Council.

(B) This notice shall be given personally to each member, or the information shall be left at the

member=s usual place of residence with some responsible person.

time shall permit.

(D) The notice shall be posted at the city hall.

(Prior Code, ' 2-32)

' 30.17 INITIAL MEETING OF EACH YEAR.

At the first Council meeting in January of each year the Council shall:

(A) Designate the depositories of city funds;

(B) Designate the official newspaper;

Mayor during the disability or absence of the Mayor from the city or, in case of a vacancy in the office

of Mayor, until a successor has been appointed and qualifies;

6 Park Rapids - Administration

(D) Appoint officers and employees and members of Boards, Commissions and Committees as

may be necessary; and

(E) Designate the date, time, and place of the regular monthly meeting.

(Prior Code, ' 2-33)

' 30.18 PUBLIC MEETINGS.

All Council meetings, including special and adjourned meetings and meetings of Council

Committees, shall be open to the public.

(Prior Code, ' 2-34)

' 30.19 PRESIDING OFFICER.

The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting

Mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside

until the Council members present at the meeting choose 1 of their number to act temporarily as

presiding officer.

(Prior Code, ' 2-35)

' 30.20 RULES OF PROCEDURE.

(A) The presiding officer shall preserve order, enforce the rules of procedure herein prescribed,

and determine without debate, subject to final decision of the Council on appeal, all questions of

procedure and order.

(B) Except as otherwise provided by statute or by these rules, the proceedings of the Council shall

be conducted in accordance with Robert=s Rules of Order, revised.

(Prior Code, ' 2-36)

' 30.21 APPEALS PROCEDURE.

(A) Any member may appeal to the Council from a ruling of the presiding officer.

(B) If the appeal is seconded, the member may speak once solely on the question involved and the

presiding officer may explain his or her ruling, but no other Council member shall be sustained if it is

approved by a majority of the members present exclusive of the presiding officer.

(Prior Code, ' 2-37)

City Administration 7

' 30.22 RIGHTS OF PRESIDING OFFICER.

The presiding officer may make motions, second motions, or speak on any question except that on

demand of any Council member, he or she shall vacate the chair and designate a Council member to

preside temporarily.

(Prior Code, ' 2-38)

' 30.23 MINUTES.

(A) Who keeps minutes. Minutes of each meeting shall be kept by the Clerk or, in his or her

absence by the Deputy Clerk. In the absence of both, the presiding officer shall appoint a secretary pro

tem. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in

other permanent records of the Clerk and can be accurately identified from the description given in the

minutes.

(B) Approval. The minutes of each meeting shall be reduced to typewritten form, shall be signed

by the Clerk, and copies thereof shall be available to each Council member as soon as practicable after

the meeting. At the next regular Council meeting following the delivery, approval of the minutes shall

be considered by the Council. The minutes need not be read aloud, but the presiding officer shall call

for any additions or corrections. If there is no objection to a proposed addition or correction, it may be

made without a vote of the Council. If there is an objection, the Council shall vote upon the addition or

correction. If there are no additions or corrections, the minutes shall stand approved.

(Prior Code, ' 2-39)

' 30.24 ORDER OF BUSINESS.

(A) Order established. Each meeting of the Council shall convene at the time and place appointed

therefor. Council business shall be conducted in the following order:

(1) Call to order;

(2) Roll call;

(3) Approval of minutes;

(4) Public hearing;

(5) Petitions, requests, and communications;

(6) Ordinances and resolutions;

(7) Reports of officers, Boards, and Committees;

8 Park Rapids - Administration

(8) Unfinished business;

(9) New business;

(10) Miscellaneous; and

(11) Adjournment.

(B) Varying order. The order of business may be varied by the presiding officer; but all public

hearings shall be held at the time specified in the notice of hearing.

in the office of the Clerk not later than 2 days before the meeting. The agenda shall be prepared in

accordance with the order of business and copies thereof shall be delivered to each Council member as

far in advance of the meeting as time for preparation will permit. No item of business shall be

considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by

a unanimous vote of the Council members present.

(Prior Code, ' 2-40)

' 30.25 QUORUM AND VOTING.

(A) Quorum. At all Council meetings, a majority of all the Council members elected shall

constitute a quorum for the transaction of business, but a smaller number may adjourn from time to

time.

(B) Voting. The votes of the members on any question may be taken in any manner which

signifies the intention of the individual members, and the votes of the members on any action taken

shall be recorded on each appropriation of money, except for payments of judgments, claims, and

amounts fixed by statute. If any member is present but does not vote, the minutes, as to his or her

name, shall be marked APresent-Not Voting.@

of any ordinance unless a larger number is required by statute. Except as otherwise provided by

statute, a majority vote of a quorum shall prevail in all other cases.

(Prior Code, ' 2-41)

' 30.26 ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS, AND

COMMUNICATIONS.

(A) Readings.

(1) Every ordinance and resolution shall be presented in writing.

City Administration 9

(2) Every ordinance shall receive 2 readings before the Council prior to final adoption, but

shall not be read twice at the same meeting unless the rules are suspended for that purpose.

(3) An ordinance or resolution need not be read in full unless a member of the Council

requests a reading.

(B) Signing and publication proof. Every ordinance and resolution passed by the Council shall be

signed by the Mayor, attested by the Clerk, and filed by him or her in the ordinance or resolution book.

Proof of publication of every ordinance shall be attached and filed with the ordinance.

(1) Every ordinance or resolution repealing a previous ordinance or resolution or a section or

subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the

ordinance or resolution to be repealed in whole or in part.

(2) Each ordinance or resolution or part thereof shall set forth in full each amended section or

subdivision as it will read with the amendment.

(D) Motions, petitions, communications.

(1) Every motion shall be stated in full force before it is submitted to a vote by the presiding

officer and shall be recorded in the minutes.

(2) Every petition or other communication addressed to the Council shall be in writing and

shall be read in full upon presentation to the Council, unless the Council dispenses with the reading.

(3) Each petition or other communication shall be recorded in the minutes by title and filed

with the minutes in the office of the Clerk.

(Prior Code, ' 2-42)

' 30.27 COMMITTEES.

(A) Committees designated.

(1) There shall be the following standing committees:

(a) Personnel;

(b) Finance;

10 Park Rapids - Administration

(d) Intergovernmental.

(2) Committee members shall be appointed by the Mayor at the first regular Council meeting

in January of each year.

(B) Membership. Each Committee shall consist of 2 members of the Council and the Chairperson

of each Committee shall be designated by the Mayor. Each Committee member shall serve as

appointed unless excused by a majority of the members of the Council. If the Committee does not

provide otherwise, Committee meetings shall be held at the call of the Chairperson.

referred by the presiding officer to the appropriate Committee or to a special Committee appointed by

him or her for a report and recommendation before it is considered by the Council as a whole.

Minority reports may be submitted. Each Committee shall act promptly and faithfully on any matter

referred to it.

(Prior Code, ' 2-43)

' 30.28 SUSPENSION OR AMENDMENT OF RULES.

The rules set out in this chapter, except where they reflect state law requirements, may be

suspended only by a 2/3 vote of the members present and voting.

(Prior Code, ' 2-44)

' 30.29 SALARIES OF MAYOR AND COUNCIL MEMBERS.

(A) Establishing Mayor and Council salaries.

(1) The City Council establishes the monthly lump sum salary for the Mayor and Council

members.

(2) The City Council determined the legal authority for the action is contained in M.S.

' 415.11, as it may be amended from time to time.

(B) Mayor and Council salaries.

(1) The salary for the Mayor and Council members shall be as listed in the fee schedule.

(2) Payment of the monthly salary shall be processed at the end of each month of service.

(3) The Mayor and Council members are not eligible for any other compensation when

serving on Boards, Commissions or Committees of the city.

City Administration 11

1-1-2006.

(Prior Code, ' 2-45) (Ord. 296, passed 1999; Am. Ord. 447, passed 9-27-2005)

CITY ADMINISTRATOR

' 30.40 APPOINTMENT.

(A) The office of City Administrator is hereby continued in the City of Park Rapids.

(B) The City Administrator shall be appointed by the Council on the basis of his or her training,

experience, and administrative qualifications.

(D) The City Administrator may be removed only by a majority of the Council.

(Prior Code, ' 2-62)

' 30.41 DUTIES.

The Administrator shall perform the following duties:

(A) Direct the administration as provided by Council action, and state and federal statutes.

Coordinate with Council in administering city affairs;

(B) Prepare reports and summaries relating to contemplated city projects and/or improvements

and submit them with recommendations as may be required to the Council for study and subsequent

action;

Maintain financial guidelines for the city within the scope of the approved budget and capital program;

(D) Prepare the annual financial statement and perform other duties as required in M. S. 412.141,

as it may be amended from time to time;

(E) Attend and participate in all Council meetings. Attend at his or her discretion or by invitation

other Committee and Commission meetings;

(F) Coordinate municipal programs and activities as authorized by the Council;

12 Park Rapids - Administration

(G) Supervise the activities of all city department heads in the administration of city policy with

authority to effectively recommend their employment and removal;

(H) Work in cooperation with the Council’s appointed attorney and engineer;

(I) Prepare news releases, develop and discuss public relations material with all concerned as

required. Maintain good public relations with the general public;

(J) Consult with appointed officials and with other public or private agencies as may be required;

(K) Be fully informed regarding federal, state, and county programs which affect the city;

(L) Negotiate or delegate the negotiation of the terms and conditions of employee labor contracts

for presentation to the Council;

(M)Perform all duties required of him or her by ordinances or resolutions adopted by the Council;

and

(N) Recommend to the Council any other measures required for the efficient administration of city

affairs and promotion of community welfare.

(Prior Code, ' 2-63)

City Administration 13

' 30.42 ORGANIZATIONAL CHART.

(Prior Code, ' 2-64) (Ord. 291, passed 1998; Am. Ord. 547, passed 1-28-2014)

' 30.43 SEPARATE OFFICES FOR CITY CLERK AND TREASURER.

The Office of City Clerk and City Treasurer will be separate Offices. Legal responsibilities for

the separate offices are set forth in Minnesota Statutes, federal law and the City of Park Rapids

Personnel Policies I include related Job Descriptions.

(Prior Code, ' 2-65) (Ord. 337, passed 2001)

2014 S-11

CHAPTER 31: BOARDS, AGENCIES AND COMMISSIONS

Section

Municipal Airport Advisory Commission

31.01 Established

31.02 Purpose

31.03 Meetings

31.04 Memberships

31.05 Terms of office

31.06 Officers

31.07 Conflict of interest

31.08 Functions, powers and duties

31.09 Vacancies

31.10 Removal from office; vacancies

31.11 Reimbursement for expenses

Parks and Beautification Board

31.40 Purpose

31.41 Responsibilities of the Board

31.42 Members and terms

31.43 Composition of Board

MUNICIPAL AIRPORT ADVISORY COMMISSION

' 31.01 ESTABLISHED.

The Advisory Airport Commission was established by City Ordinance 104, effective May 17,

1945.

(Prior Code, ' 2-121) (Ord. 104, passed 1945)

' 31.02 PURPOSE.

To serve as an Advisory Commission to the City Council. To plan, promote and encourage the

development and utilization of the municipal airport.

' 31.03 MEETINGS.

The Commission shall meet from time to time as determined by the Commission. The Commission

may meet more often upon the call of its Chairperson or a majority of its members.

(Prior Code, ' 2-123)

' 31.04 MEMBERSHIP.

(A) The Advisory Airport Commission shall consist of 5 members appointed by the City Council.

(B) The Mayor, with the approval of the City Council, shall also appoint 1 ex-officio member

from the membership of the City Council to serve as liaison with the Advisory Airport Commission.

The ex-officio member shall be a voting member.

' 31.05 TERMS OF OFFICE.

(A) Terms of office shall be for 3 years, provided however, that in first establishment of the

Commission, 1 member was appointed for a 1-year term, 1 for a 2-year term and 1 for a 3-year term.

(B) The Mayor shall appoint 1 Councilperson as ex-officio member to the Advisory Airport

Commission. The ex-officio member shall be appointed for a 1-year term.

' 31.06 OFFICERS.

(A) At the first meeting of each new year, the Commission shall elect from among those of its

members, a Chairperson and Vice-Chairperson. The Commission may create such other offices as it

may determine appropriate.

(B) The secretary to the City Planner shall serve as the secretary to the Advisory Airport

Commission.

' 31.07 CONFLICT OF INTEREST.

If any appointed Commission member shall find that private or personal interests are involved in

any manner coming before the Commission, the member shall disqualify himself or herself from taking

part in action on the matter, or the member may be disqualified by the Chairperson of the Commission.

' 31.08 FUNCTIONS, POWERS AND DUTIES.

The functions, powers and duties of the Advisory Airport Commission shall be, in general:

(A) Serve as an Advisory Commission to the City Council.

(B) Develop and maintain a 5-year capital improvement plan.

the zoning and protection of aerial approaches.

(D) Advise the City Council with respect to the airport budget, charges and other financial

arrangements for the use of the airport property.

(E) Consult and cooperate with the federal, state and other agencies to attain financial assistance

with airport projects.

(F) Recommend airport expenditures for submission to the City Council for approval and

payment authorization.

(G) Develop, monitor, review and recommend fixed base operator=s agreement.

(H) Develop, monitor, review and recommend airport management lease agreement.

' 31.09 VACANCIES.

It shall be the duty of the Chairperson of the Commission to notify the City Council promptly of

any vacancies occurring in the membership, and the City Council shall fill such vacancy within 60 days

for the unexpired term of the original appointment.

' 31.10 REMOVAL FROM OFFICE; VACANCIES.

Any member of the Commission may be removed from office for just cause and on written charges

by a 2/3 vote of the entire City Council, but the member shall be entitled to a public hearing before the

vote is taken. In addition, any member may be removed after 3 consecutive unexcused absences at

Airport Commission meetings without action by the City Council, according to rules adopted by the

Airport Commission.

' 31.11 REIMBURSEMENT FOR EXPENSES.

Members of the Commission shall receive no salaries or fees for their services thereon. Members

of the Commission, who incur expenditures related to travel, lodging and meals, while on official

business for the Commission will be reimbursed by the city. Mileage will be reimbursed according to

IRS regulations. Meals and lodging will be reimbursed upon submission of a paid receipt from the

motel(s) and/or restaurant(s).

PARKS AND BEAUTIFICATION BOARD

' 31.40 PURPOSE.

The Parks and Beautification Board shall be empowered to advise the City Council on matters

relating to improving the existing parks, and/or development of new parks, and the overall

beautification of the City of Park Rapids.

(Prior Code, ' 2-147)

' 31.41 RESPONSIBILITIES OF THE BOARD.

(A) Annually report to the City Council on their accomplishments. This report shall be made to

the City Council at the second meeting in May of each respective year.

(B) Prepare an annual report for the City Council outlining applicable plans and specifications,

for future park improvements and beautification plans, including those associated with the plans. This

report shall be made to the City Council at the second meeting in May of each year, to allow for

incorporation of any anticipated expenditures and/or capital improvements into the city budget.

needed.

(D) Develop and recommend methods to stimulate positive public interest in the parks and in the

beautification of the entire city.

(E) Develop and recommend feasible methods of discouraging vandalism and destruction in the

city parks.

(F) Serve as a forum for the public to voice their opinions regarding the city parks and the

beautification of the entire city.

(G) Encourage dissemination of information to organizations interested in the parks and the

beautification of Park Rapids.

(H) Coordinate efforts with interested organizations.

(Prior Code, ' 2-148)

' 31.42 MEMBERS AND TERMS.

(A) The Board shall consist of 7 members. Members of the Board shall be appointed by the

Mayor, with Council approval, for staggered terms of 3 years, except that any person appointed to fill a

vacancy occurring prior to the expiration of the term to which his or her predecessor was appointed

shall be appointed only for the remainder of that term. Upon expiration of his or her term of office, the

member shall continue to serve until a successor is appointed. In addition to the 7 members, the Mayor

shall appoint, with Council approval, 1 member of the City Council to serve as an ex-officio member of

the Board. Two city employees shall also serve on the Board, at the appointment of the City

Administrator.

(B) Any member of the Board may be removed from office for just cause with written charges or

after 3 consecutive unexcused absences at Board meetings by a 2/3 vote of the entire City Council, but

the member shall be entitled to public comment before the vote is taken. It shall be the duty of the

Chairperson of the Board to notify the City Council promptly of any changes occurring in membership,

and the City Council shall take action as is appropriate.

(Prior Code, ' 2-149) (Ord. 361, passed 2-26-2002; Am. Ord. 427, passed 4-12-2005; Am. Ord. 444,

passed 8-9-2005)

' 31.43 COMPOSITION OF BOARD.

(A) Membership. Shall be comprised of members of the community who express an interest in

maintaining, enhancing and developing city parks and beautifying the City of Park Rapids.

(B) Chairperson. The Board shall elect from its members, a Chairperson who shall preside over

the meetings and shall have the power to call a meeting of the Board at any time.

meetings in the absence of the Chairperson.

(D) Secretary. The Board shall elect from its members, a secretary who shall record the minutes

of each meeting and submit a copy of the minutes to the City Clerk for distribution to the City Council.

(E) Compensation. There shall be no compensation for individuals serving on the Board.

(Prior Code, ' 2-150) (Ord. 315, passed 3-28-2000)

CHAPTER 32: FIRE PROTECTION AND PREVENTION

Section

Fire Department

32.01 Fire Department continued

32.02 Selection

32.03 Chief to have Fire Marshal duties

32.04 Duties of Chief

32.05 Records

32.06 Practice drills

32.07 Assistant Chiefs

32.08 Firefighters

32.09 Loss of membership

32.10 Compensation

32.11 Minimum pay

32.12 Relief association

32.13 Interference with Department

Fire Code

32.25 Adoption

32.26 Enforcement

32.27 Explosive and flammable liquids district

32.28 Modifications

32.29 Appeals

Burning

32.40 Definitions

32.41 Burning restrictions and permits

32.99 Penalty

22 Park Rapids - Administration

FIRE DEPARTMENT

' 32.01 FIRE DEPARTMENT CONTINUED.

There is hereby continued in this city a volunteer Fire Department consisting of a Chief, 2

Assistant Chiefs, and not more than 23 firefighters.

(Prior Code, ' 30-26)

' 32.02 SELECTION.

The Chief of the Fire Department and the Assistant Chiefs shall be elected annually by the

members of the Department. The Chief shall be confirmed by the Council. Each shall hold office for 1

year and until his or her successor has been duly elected, except that he or she may be removed by the

Council for cause after a public hearing, or he or she may be removed by the members pursuant to the

by-laws of the Department. Firefighters and probationary firefighters shall be appointed by the

members of the Department. All new members of the Department shall be confirmed by the Council.

Firefighters shall continue as members of the Department during good behavior and may be removed

for cause by the Council.

(Prior Code, ' 30-27)

' 32.03 CHIEF TO HAVE FIRE MARSHAL DUTIES.

The Chief shall have the duties of a Fire Marshal. He or she shall be charged with the enforcement

of all ordinances aimed at fire prevention. He or she shall have full authority to inspect all premises

and to cause the removal or abatement of all fire hazards.

(Prior Code, ' 30-28)

' 32.04 DUTIES OF CHIEF.

(A) The Chief shall have control of all the fire fighting apparatus and shall be solely responsible

for its care and condition.

(B) He or she shall from time to time make reports to the Council on the condition of the

equipment, the inventory of the equipment, and the needs of the Fire Department.

she shall report each suspension by him or her of a member of the Fire Department at the first meeting

of the Council following the suspension.

Fire Protection and Prevention 23

(D) He or she shall be responsible for the proper training and discipline of the members of the Fire

Department, and may suspend any member for refusal or neglect to obey orders pending final action on

his or her discharge or retention pursuant to the by-laws of the Department.

(Prior Code, ' 30-29)

' 32.05 RECORDS.

The Chief shall keep in convenient form a complete record of all fires. The record shall include the

time of the alarm, location of fire, cause of fire (if known), type of building, name of owner and tenant,

purpose for which occupied, value of building and contents, members of the Department responding to

the alarm, and any other information as he or she may deem advisable or as may be required from time

to time by the Council or state insurance department.

(Prior Code, ' 30-30)

' 32.06 PRACTICE DRILLS.

The Chief shall, when the weather permits, hold a monthly practice drill of at least 1 hour=s

duration for the Fire Department and shall give or arrange for instructions to the firefighters in

approved methods of fire fighting and fire prevention.

(Prior Code, ' 30-31)

' 32.07 ASSISTANT CHIEFS.

The Chief shall establish a chain of command between the 2 Assistant Chiefs. In the absence or

disability of the Chief, the highest ranking Assistant Chief present shall perform all the functions and

exercise all the authority of the Chief.

(Prior Code, ' 30-32)

' 32.08 FIREFIGHTERS.

(A) The Assistant Chiefs and firefighters shall be able-bodied and not less than 18 years of age.

(B) They shall become members of the Fire Department only after a 6 months= probationary

period.

probationary firefighter, must satisfy certain minimum requirements of height, weight, education, and

any other qualification which may be specified by the Fire Department and that he or she must pass

satisfactorily a physical examination.

(Prior Code, ' 30-33)

24 Park Rapids - Administration

' 32.09 LOSS OF MEMBERSHIP.

Absence of any firefighter from 3 consecutive meetings or drills, unless excused by the Chief,

shall be cause for removal from the Department.

(Prior Code, ' 30-34)

' 32.10 COMPENSATION.

The members and officers of the Fire Department shall receive compensation for their services.

The amount of the compensation shall be established by resolution of the Council.

(Prior Code, ' 30-35)

' 32.11 MINIMUM PAY.

In computing compensation for fires and practice drills, 1 hour shall be considered as the minimum

to be paid to any firefighter or officer.

(Prior Code, ' 30-36)

' 32.12 RELIEF ASSOCIATION.

The members and officers of the Fire Department may organize themselves into a Firemen=s

Relief Association in accordance with law.

(Prior Code, ' 30-37)

' 32.13 INTERFERENCE WITH DEPARTMENT.

No person shall give or make, or cause to be given or made, a fire alarm without probable cause, or

neglect or refuse to obey any reasonable order of the Chief at a fire, or interfere with the Fire

Department in the discharge of its duties.

(Prior Code, ' 30-38) Penalty, see ' 32.99

Fire Protection and Prevention 25

FIRE CODE

' 32.25 ADOPTION.

There is hereby continued, for the purpose of prescribing regulations governing conditions

hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention

Code, Abbreviated Edition, recommended by the American Insurance Association, of which code not

less than 3 copies have been and now are filed in the office of the Clerk of the City of Park Rapids and

the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions

thereof shall be controlling within the limits of the City of Park Rapids.

(Prior Code, ' 30-61)

' 32.26 ENFORCEMENT.

The code hereby adopted shall be enforced by the Chief of the Fire Department.

(Prior Code, ' 30-62)

' 32.27 EXPLOSIVE AND FLAMMABLE LIQUIDS DISTRICT.

The limits referred to in ' 53b of the code hereby adopted, in which storage of explosives and

blasting agents is prohibited, the limits referred to in ' 74a of the code hereby adopted, in which

storage of Class I liquids in outside above-ground tanks is prohibited, and the limits referred to in '

114 of the code hereby adopted, in which bulk storage of liquefied petroleum gas is restricted are

hereby established as follows: within the corporate boundaries of the City of Park Rapids.

(Prior Code, ' 30-63)

' 32.28 MODIFICATIONS.

The Chief of the Fire Department shall have power to modify any of the provisions of the code

hereby adopted upon application in writing by the owner or lessee, or his or her duly authorized agent,

when there are practical difficulties in the way of carrying out the strict letter of the code, provided that

the spirit of the code shall be observed, public safety secured, and substantial justice done. The

particulars of the modification when granted or allowed and the decision of the Chief of the Fire

Department thereon shall be entered upon the records of the Department and a signed copy shall be

furnished the applicant.

(Prior Code, ' 30-64)

26 Park Rapids - Administration

' 32.29 APPEALS.

Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a

permit applied for, or when it is claimed that the provisions of the code do not apply or that the true

intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may

appeal from the decision of the Chief of the Fire Department to the City Council within 30 days from

the date of the decision appealed.

(Prior Code, ' 30-65)

BURNING

' 32.40 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

OPEN FIRE or OPEN BURNING. A fire burning in matter, whether concentrated or disbursed,

which is not contained within a fully-enclosed firebox, structure or vehicle and from which the

products of combustion are admitted directly to the open atmosphere without passing through a stack,

duct or chimney.

RECREATIONAL FIRE OR CAMPFIRE. A fire set for cooking, warming, or ceremonial

purposes which is not more than 3 feet in diameter by 3 feet high and has had the ground 5 feet from

the base of the fire cleared of all combustible material.

SNOW COVERED. The ground has a continuous, unbroken cover of snow, to a depth of 3 inches

or more, surrounding the immediate area of the fire sufficient to keep the fire from spreading.

(Prior Code, ' 30-81)

' 32.41 BURNING RESTRICTIONS AND PERMITS.

(A) Open burning within the city limits of the City of Park Rapids is prohibited, except as

provided for in division (B) below of this section. Burning barrels are prohibited within the city limits

of the City of Park Rapids, as well as the burning of grass cover on yards and lots.

(B) The burning of vegetative debris, consisting of grass clippings, leaves, branches, and wood on

private property is permitted under the following conditions:

(1) Burning will be allowed only with a valid permit from the office of the City

Administrator. No burning shall be allowed before 6 p.m. or after 11 p.m. Burning permits are not

required when the ground is snow-covered, provided there is compliance with the remainder of the

conditions imposed by this subchapter.

(2) A responsible person shall be in constant attendance until the fire is completely

extinguished.

(3) The fire shall not be less than 100 feet from any structure, building, hedge, roadway or

any other permanent improvement, and shall be located not less than 100 feet from any property line.

(4) No open fire shall be placed on the city street, boulevard, or on any public property by

private citizens.

(5) No open burning shall take place during an air pollution alert warning or emergency

declared by the Minnesota Pollution Control Agency (MPCA).

(6) The City Fire Chief or Department of Natural Resources (DNR) may temporarily

discontinue burning within the city limits due to unsafe conditions including, but not limited to, high

winds or drought.

(7) No open burning shall take place during a high wind or when a traffic hazard may be

created thereby in a nearby street.

Park Rapids may schedule and select certain lots or structures for controlled burns for demolition or

training purposes.

(Prior Code, ' 30-82) Penalty, see ' 32.99

' 32.99 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific penalty is

prescribed shall be subject to ' 10.99.

(B) Fire Code.

(1) Any person who shall violate any of the provisions of '' 32.25 et seq. hereby adopted or

violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed

statement of specifications or plans submitted and approved thereunder, or any certificate or permit

issued thereunder, and from which no appeal has been taken, or who shall fail to comply with an order

as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time

fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a

misdemeanor.

(2) The imposition of 1 penalty for any violation shall not excuse the violation or permit it to

continue; and all persons shall be required to correct or remedy any violations or defects within a

reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are

maintained shall constitute a separate offense.

(3) The application of the above penalty shall not be held to prevent the enforced removal of

prohibited conditions.

(Prior Code, ' 30-66)

misdemeanor and upon conviction shall be subject to a fine of not more than $700 or imprisoned for

not more than 90 days or both, as amended by the legislature of the State of Minnesota. The officer

issuing any tickets pursuant to this subchapter may, in his or her discretion, write upon the face of the

tab charge Afirst offender/payable,@ rendering the matter a petty misdemeanor.

(Prior Code, ' 30-83)

CHAPTER 33: LAW ENFORCEMENT

Section

Police Department

33.01 Establishment

33.02 Chief of Police

33.03 Duties of police

33.04 Uniform and badge

33.05 Extra police

Criminal History Checks

33.20 Persons subject to criminal history checks

33.21 Applications

33.22 Waiver statement to be on applications

33.23 Information on application

33.24 Referral to Chief of Police

33.25 Verification

33.26 Other investigations

33.27 Effective date

POLICE DEPARTMENT

' 33.01 ESTABLISHMENT.

(A) A Police Department is hereby continued.

(B) The head of the Department shall be known as the Chief of Police and the number of

additional members of the Department, together with the ranks and titles, shall be determined by the

Council by resolution.

(D) Members of the Department shall be appointed by the Council.

(Prior Code, ' 38-26)

30 Park Rapids - Administration

' 33.02 CHIEF OF POLICE.

The Chief of Police shall have supervision and control of the Police Department and its members.

He or she shall be responsible to the Council for law enforcement and for property of the city used by

the Department. He or she shall be responsible for the proper training and discipline of the members of

the Department. He or she shall be responsible for the keeping of adequate records and he or she shall

report to the Council on the needs of the Department and its work. Every member of the Department

subordinate to the Chief shall obey the instructions of the Chief and any superior officer. The Council

shall designate 1 of the police officers as Acting Chief, who shall have all the powers and duties of the

Chief during his or her absence or disability.

(Prior Code, ' 38-27)

' 33.03 DUTIES OF POLICE.

Members of the Police Department shall enforce the ordinances and laws applicable to the city,

bring violators before the county court, and make complaints for offenses coming to their knowledge.

Members of the Police Department shall serve processes on behalf of the city and shall serve notices as

may be required by the Council or other authority. When the city is not a party to the proceedings

involved in the process or notice, the officer shall collect the same fees as provided by law for town

constables. All fees shall be paid into the city treasury.

(Prior Code, ' 38-28)

' 33.04 UNIFORM AND BADGE.

Each member of the Department shall, while on duty, wear a suitable badge and uniform furnished

by the city, except that the Chief may authorize the performance of specific duties while not in

uniform. When a member terminates his or her membership in the Department, he or she shall

immediately deliver to the city his or her badge, uniform, and all other property of the city in his or her

possession.

(Prior Code, ' 38-29)

' 33.05 EXTRA POLICE.

In case of riot or other law enforcement emergency, the Council may appoint for a specified time

as many special police officers as may be necessary for the maintenance of law and order. During the

term of appointment, the special police officers shall have only those powers and perform only those

duties as shall be specifically assigned by the Chief of Police.

(Prior Code, ' 38-30)

Law Enforcement 31

CRIMINAL HISTORY CHECKS

' 33.20 PERSONS SUBJECT TO CRIMINAL HISTORY CHECKS.

(A) The City Council of the City of Park Rapids hires, appoints and contracts with individuals for

the following positions: all staff positions; volunteer firefighters; citizens on patrol (COPS) and other

entities designated as neighborhood watch programs; City Boards and Committees; and independent

contractors hired to perform specific contracts or services.

(B) In addition, the city accepts filings for those wishing to run for elective offices and issues

various licenses and permits pursuant to the City Code.

(Prior Code, ' 38-31) (Ord. 302, passed 6-13-1999)

' 33.21 APPLICATIONS.

Individuals applying for the above list of activities in ' 33.20 will complete an application with the

City Clerk or City Administrator with respect to city offices and with directors of the other agencies

mentioned in the above list in ' 33.20.

(Prior Code, ' 38-32) (Ord. 302, passed 6-13-1999)

' 33.22 WAIVER STATEMENT TO BE ON APPLICATIONS.

The following waiver language shall appear on all applications.

Everything that I have stated in this application is correct to the best of my knowledge. I

understand that you will retain this application whether or not it is approved. You are

authorized to conduct a criminal history check.

(Prior Code, ' 38-33) (Ord. 302, passed 6-13-1999)

' 33.23 INFORMATION ON APPLICATION.

Applications submitted to the Chief of Police for background checks must include the following

information:

(A) Name, place and date of birth, and residence address;

(B) Whether the applicant has ever used or been known by a name other than his or her present

name, and if so, the names so used and any additional information concerning dates and places where

those names were used;

32 Park Rapids - Administration

residence of the applicant=s present spouse;

(D) Whether the applicant, applicant=s spouse, or a parent, brother, sister or child of either of

them has been convicted of any felony, crime or violation or any city ordinance other than traffic

matters and petty misdemeanors. If so, the applicant shall furnish information regarding the time,

place, and offense for which convictions were had; and

(E) Any other information as the city or other agency may require.

(Prior Code, ' 38-34) (Ord. 302, passed 6-13-1999)

' 33.24 REFERRAL TO CHIEF OF POLICE.

All applications will be referred to the Chief of Police for verification and investigation of the facts

set forth in the application. Investigations shall include, but not be limited to, a criminal history records

check. The Chief of Police will cause to be made an investigation of the information requested in

' 33.23 as shall be necessary and a list of all violations of federal or state law or municipal ordinance

and other facts that weigh upon the public interest in considering an application.

(Prior Code, ' 38-35) (Ord. 302, passed 6-13-1999)

' 33.25 VERIFICATION.

Upon investigation and verification of the facts set forth in the application, the City Clerk or City

Administrator may use the data compiled to approve or deny an applicant=s application.

(Prior Code, ' 38-36) (Ord. 302, passed 6-13-1999)

' 33.26 OTHER INVESTIGATIONS.

Nothing in this subchapter will prohibit the Chief of Police from conducting other investigations

and background checks including driver=s license checks and credit checks as authorized by state or

federal law.

(Prior Code, ' 38-37) (Ord. 302, passed 6-13-1999)

' 33.27 EFFECTIVE DATE

The effective date of this subchapter will be its date of publication.

(Prior Code, ' 38-38) (Ord. 302, passed 6-13-1999)

CHAPTER 34: FINANCES

Section

Lodging Tax

34.01 Definitions

34.02 Imposition of tax

34.03 Collections

34.04 Exceptions and exemptions

34.05 Advertising of no tax

34.06 Payment and returns

34.07 Examination of return, adjustments, notices, and demands

34.08 Refunds

34.09 Failure to file a return

34.10 Administration of tax

34.11 Examination of records

34.12 Violations

34.13 Use of proceeds

34.14 Private or nonpublic data

34.99 Penalty

LODGING TAX

' 34.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning. When not inconsistent with the context, words used in the

present tense include the future, words used in the plural form include the singular and words in the

singular include the plural form. The word SHALL is always mandatory and not merely directory.

LODGER. The person obtaining lodging from an operator.

LODGING. The furnishing for a consideration of lodging by a hotel, motel, bed and breakfast, or

public/private campground, except where the lodging shall be a continuous period of 30 days or more

to the same lodger(s). The furnishing of rooms owned by religious, educational, or nonprofit

organizations for self-sponsored activities shall not constitute LODGING for purposes of this chapter.

OPERATOR. The person who is the proprietor of the lodging facility, whether in the capacity of

owner, lessee, sublessee, licensee, or any other capacity.

PERSON. Any individual, corporation, partnership, association, estate, receiver, trustee, executor,

administrator, assignee, syndicate, or any other combination of individuals. Whenever the term

PERSON is used in any provision of this chapter prescribing or imposing a penalty, the term as applied

to a corporation, association or partnership shall mean the officers or partners thereof, as the case may

be.

RENT. The total consideration valued in money charged for the lodging whether paid in money or

otherwise, but shall not include any charges for services rendered in connection with furnishing lodging

other than the room charge itself.

(Prior Code, ' 50-26) (Ord. 248, passed 1992)

' 34.02 IMPOSITION OF TAX.

Pursuant to M.S. ' 469.190, as it may be amended from time to time, there is hereby imposed a tax

on the rent charged by an operator for providing lodging to any person. The lodging tax program shall

commence on 1-1-1992. A tax of 3% of the rent charged shall be imposed on the effective date of this

chapter. The tax collected by the operator shall be satisfied only by payment to the city of the amount

levied by this chapter. In no case shall the tax imposed by this section upon an operator exceed the

amount of tax which the operator is authorized and required by this program to collect from the lodger.

(Prior Code, ' 50-27) (Ord. 248, passed 1992)

' 34.03 COLLECTIONS.

Each operator shall collect the tax imposed by this chapter at the time the rent is paid. The tax

collections shall be deemed to be held in trust by the operator for the city. The amount of tax shall be

separately stated from the rent charged for the lodging and those persons paying the tax shall receive a

receipt of payment from the operator.

(Prior Code, ' 50-28) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.04 EXCEPTIONS AND EXEMPTIONS.

(A) Exceptions. No tax shall be imposed on rent for lodging paid by any officer or employee of a

foreign government who is exempt by reason of express provisions of federal law or international law.

(B) Exemptions. An exemption shall be granted to any person as to whom or whose occupancy it

is beyond the power of the city to tax. No exemption shall be granted except upon a claim therefor

made at the time the rent is collected and the claim shall be made in writing and under penalty of

perjury on forms provided by the city. All claims shall be forwarded to the city when the returns and

collections are submitted as required by this chapter.

(Prior Code, ' 50-29) (Ord. 248, passed 1992)

' 34.05 ADVERTISING OF NO TAX.

It shall be unlawful for any operator to advertise or hold out or state to the public or any customer,

directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or

that it will not be added to the rent or that, if added, it or any part thereof will be refunded.

(Prior Code, ' 50-30) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.06 PAYMENT AND RETURNS.

(A) (1) The taxes imposed by this chapter shall be paid monthly by the operator to the city not

later than 20 days after the end of the month in which the taxes were collected.

(2) At the time of payment, the operator shall submit a return upon forms and containing

information as the city may require.

(B) The return shall contain the following minimum information:

(1) The total amount of rent collected for lodging during the period covered by the return;

(2) The total amount of exceptions/exemptions;

(3) The amount of tax required to be collected and due for the period;

(4) The signature of the person filing the return or that of his or her agent duly authorized in

writing;

(5) The period covered by the return; and

(6) The amount of uncollectible rental charges subject to the lodging tax.

amount of taxes imposed by this program previously paid as a result of any transaction the

consideration for which became uncollectible during the reporting period, but only in proportion to the

portion of the consideration which became uncollectible.

(Prior Code, ' 50-31) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.07 EXAMINATION OF RETURN, ADJUSTMENTS, NOTICES AND DEMANDS.

The city shall, after a return is filed, examine the same and make any investigation or examination

of the records and accounts of the person making the return deemed necessary for determining its

correctness. The tax computed on the basis of the examination shall be the tax to be paid. If the tax

due is found to be greater than that paid, the excess shall be paid to the city within 10 days after receipt

of a notice thereof given either personally or sent by registered mail to the address shown on the return.

If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who

paid the tax to the city within 10 days after determination of the refund or credited against the amount

due for the next month.

(Prior Code, ' 50-32) (Ord. 248, passed 1992)

' 34.08 REFUNDS.

Any person may apply to the city for a refund of taxes paid in excess of the amount legally due for

that period, provided that no application for a refund shall be considered unless filed within 1 year after

the tax was paid, or within 1 year from the filing of the return, whichever period is the longer. The city

shall examine the claim and make and file written findings thereon denying or allowing the claim in

whole or in part and shall mail a notice thereof by registered mail to the person at the address stated

upon the return. If the claim is allowed in whole or in part, the city shall credit the amount of the

allowance against any taxes due under this chapter from the claimant and the balance of the allowance,

if any, shall be paid by the city to the claimant.

(Prior Code, ' 50-33) (Ord. 248, passed 1992)

' 34.09 FAILURE TO FILE A RETURN.

(A) If any operator required by this chapter to file a return shall fail to do so within the time

prescribed or shall make, willfully or otherwise, an incorrect, false or fraudulent return, the operator

shall, upon written notice and demand, file the return or corrected return within 5 days of receipt of the

written notice and shall at the same time pay any tax due on the basis thereof. If the person shall fail to

file the return or corrected return, the city shall make a return or corrected return for the person from

the knowledge and information as the city can obtain, and assess a tax on the basis thereof, which tax

(less payments theretofore made on account of the tax for the taxable period covered by the return)

shall be paid upon within 5 days of the receipt of written notice and demand for the payment. Any

return or assessment made by the city shall be prima facie correct and valid, and the person shall have

the burden of establishing its incorrectness or invalidity in any action or proceeding with respect

thereto.

(B) If any portion of a tax imposed by this program, including penalties thereon, is not paid within

30 days after it is required to be paid, the city may institute legal action as may be necessary to recover

the amount due plus interest, penalties, and the cost and disbursements of any action.

within which to file a return and make payment of taxes as required by this chapter provided that

interest during the period of extension shall be added to the taxes due at the rate of 10% per annum.

(Prior Code, ' 50-34) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.10 ADMINISTRATION OF TAX.

The City Treasurer shall administer and enforce the assessment and collection of the taxes imposed

by this chapter. The City Treasurer shall cause to be prepared blank forms for the returns and other

documents required by this chapter and shall distribute the same throughout the city and furnish them

upon application; but failure to receive or secure them shall not relieve any person from any obligation

required under this chapter.

(Prior Code, ' 50-36) (Ord. 248, passed 1992)

' 34.11 EXAMINATION OF RECORDS.

The city may examine the books, papers, and records of any operator in order to verify the

accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter.

Every operator is directed and required to give to the city the means, facilities and opportunity for

examinations and investigations as are hereby authorized.

(Prior Code, ' 50-37) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.12 VIOLATIONS.

Any person who shall willfully fail to make a return required by this program, or shall fail to pay

the tax after written demand for payment, or who shall fail to remit the taxes collected or any penalty or

interest imposed by this chapter after written demand for payment, or who shall refuse to permit the

city to examine the books, records and papers under its control, or who shall willfully make an

incomplete, false or fraudulent return, shall be guilty of a misdemeanor.

(Prior Code, ' 50-38) (Ord. 248, passed 1992) Penalty, see ' 34.99

' 34.13 USE OF PROCEEDS.

(A) Ninety-five percent of the proceeds obtained from the collection of taxes pursuant to this

chapter shall be used in accordance with M. S. ' 469.190, as it may be amended from time to time, to

fund a local convention/tourism bureau for the purposes of marketing and promoting the city as a

tourist/convention center. The city may retain a maximum of 5% for administrative costs.

(B) The city hereby designates the Park Rapids Convention and Visitors Bureau, Inc., as the

recipient of the tax proceeds collected hereunder.

90 days in jail, or both.

(Prior Code, ' 50-39) (Ord. 248, passed 1992; Am. Ord. 333, passed 2000) Penalty, see ' 34.99

' 34.14 PRIVATE OR NONPUBLIC DATA.

Data collected from individuals or persons pursuant to this chapter shall be considered private data

on individuals or nonpublic data pursuant to M.S. '' 13.01 et seq., as it may be amended from time to

time.

(Prior Code, ' 50-40) (Ord. 248, passed 1992)

' 34.99 PENALTY.

(A) If any tax imposed by this article is not paid within the time herein specified for payment, or

any extension thereof, there shall be added thereto a specific penalty equal to 10% of the amount

remaining unpaid.

(B) In the case of any failure to make and file a return within the time prescribed by this chapter,

unless it is shown that the failure is not due to willful neglect, there shall be added to the tax, in

addition to the 10% specific penalty provided in division (A) above, 10% of the amount remaining

unpaid if the failure is not for more than 30 days, with an additional 5% for each additional 30 days or

fraction thereof during which failure continues, not exceeding 25% in the aggregate. If the penalty as

computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to

any tax shall be collected at the same time and in the same manner and as a part of the tax unless the

tax has been paid before the discovery of the negligence, in which case the amount so added shall be

collected in the same manner as the tax.

Finances 39

evade or defeat any tax or payment thereof, there shall also be imposed as a penalty an amount equal to

50% of any tax (less amounts paid on the basis of false or fraudulent return) found due for the period to

which the return related. The penalty imposed by this division shall be collected as part of the tax, and

shall be in addition to any other penalties provided by this chapter.

(D) All payments received shall be credited first to penalties, next to interest, and then to the tax

due.

(Prior Code, ' 50-35) (Ord. 248, passed 1992)

CHAPTER 35: CITY POLICIES

Section

Purchasing Policy

35.01 Purchasing agent duties, powers, and dollar limits

35.02 Emergency purchasing and contracting

35.03 City employee purchasing

35.04 Contracts from $2,500 to $25,000

35.05 Contracts from $25,000 to $100,000

35.06 Contracts of $100,000 or greater

35.07 Contracts for local improvements paid for by special assessments of $50,000 or greater

Personnel Policy

35.20 Establishment, amendment, and modification by resolution

Administrative Penalties

35.50 Purpose

35.51 Notice

35.52 Hearings

35.53 Hearing officer

35.54 Findings

35.55 Appeals

35.56 Record of proceeding

35.57 Misdemeanor prosecution

35.58 Continued violation

35.59 Penalties

35.60 Designation as an Administrator violation

35.61 Collection of Administrator penalties

35.62 Statute

Cross-reference:

Abandoned property, see Ch. 97

Employment background checks, see Ch. 38

2014 S-11

42 Park Rapids - Administration

PURCHASING POLICY

' 35.01 PURCHASING AGENT DUTIES, POWERS, AND DOLLAR LIMITS.

The City Administrator shall serve as the chief purchasing agent for the city and is responsible for

insuring that purchases are reported to the City Council for approval, ratification and/or confirmation.

In the City Administrator’s absence, the Mayor and City Clerk jointly shall serve as the chief

purchasing agent. The City Council through this subchapter designates that the officially designated

City Administrator/department heads/supervisors/City Council Finance Committee shall serve as

purchasing agents for the city departmental requirements directly under their control. All authorized

city purchasers are required to coordinate their purchasing with the chief purchasing agent for reporting

to the City Council. All purchases for the city shall be approved by the City Council when they will

exceed $2,500. All purchases less than $2,500 will be ratified and confirmed by the City Council at

their next regular meeting. The chief purchasing agent will not exceed $1,200 and departmental

purchasing agents will not exceed $600. The City Council Finance Committee shall not exceed the

amount of $2,500. The City Council shall let purchases or contracts over $2,500 in value. All

authorized purchasers shall not permit purchasing that would exceed the appropriated budget dollar

amount per line item without City Council approval.

(Prior Code, ' 2-16) (Am. Ord. 531, passed 1-25-2011)

' 35.02 EMERGENCY PURCHASING AND CONTRACTING.

(A) In the event an emergency occurs requiring immediate action essential to the public safety,

health and/or welfare, the chief purchasing agent with approval from the City Council may make the

necessary purchase(s) and/or enter into the necessary contracts without following the specific

procedures set forth in this chapter.

(B) At least 2 competitive quotes/bids shall be utilized whenever possible as part of this

emergency purchasing and contracting process.

(Prior Code, ' 2-17) (Ord. 347, passed 6-12-2001; Am. Ord. 531, passed 1-25-2011)

' 35.03 CITY EMPLOYEE PURCHASING.

Other than as authorized in this subchapter, no city employee, agent or independent contractor is

empowered to order, sign or give any receipt for materials except as the chief purchasing agent or a

purchasing agent (department head/supervisor/City Council Finance Committee) has approved.

Exceptions to this policy are only by order of the City Council.

(Prior Code, ' 2-18)

2012 S-9

City Policies 43

' 35.04 CONTRACTS FROM $2,500 TO $25,000.

Contracts, as that term is defined in M.S. ' 471.345, Subd. 2, as it may be amended from time to

time, in amounts estimated to exceed $2,500 but not exceed $25,000 shall be approved by the City

Council. The chief purchasing agent shall provide recommendations to the City Council based on a

manner of purchasing deemed most favorable to the interests of the city. The purchase or contract may

be made upon quotation or in the open market, in the discretion of the City Council. If the contract or

purchase is made upon quotation it shall be based, so far as practicable, on at least 2 quotations which

shall be kept on file for a period of at least 1 year after their receipt. Alternatively, the City Council

may award a contract for construction, alteration, repair or maintenance work to the vendor or

contractor offering the best value under a request for proposals described in M.S. '' 16C.28, Subd.

1(a)(2), and 16C.28, Subd. 1(c), as the same shall be amended from time to time.

(Prior Code, ' 2-19) (Ord. 369, passed 8-27-2002; Am. Ord. 531, passed 1-25-2011)

' 35.05 CONTRACTS FROM $25,000 TO $100,000.

Contracts, as that term is defined in M.S. ' 471.345, Subd. 2, as it may be amended from time to

time, in amounts estimated to exceed $25,000 but not exceed $100,000 shall be approved by the City

Council and may be made upon either sealed bids or by direct negotiation pursuant to M.S. ' 471.345,

Subd. 4, as it may be amended from time to time, by obtaining 2 or more quotations for the purchase or

sale when possible, and without advertising for bids or otherwise complying with the requirements of

competitive bidding, or pursuant to the best value alternative process established by M.S. ' 471.345,

Subd. 4a, as it may be amended from time to time, with recommendation(s) by the chief purchasing

agent in a manner of purchasing deemed most favorable to the interests of the city, or pursuant to any

other procedure authorized in state law. All quotations shall be kept on file for at least 1 year after

receipt.

(Prior Code, ' 2-20) (Ord. 369, passed 8-27-2002; Am. Ord. 531, passed 1-25-2011)

' 35.06 CONTRACTS OF $100,000 OR GREATER.

Contracts, as that term is defined in M.S. ' 471.345, Subd. 2, as it may be amended from time to

time, in amounts estimated to exceed $100,000, shall be approved by the City Council and shall be

made pursuant to the competitive bidding or best value alternative processes set forth in M.S. ''

412.311 and 471.345, Subds. 3 and 3a, as they may be amended from time to time, or pursuant to any

other procedure authorized in state law. Sealed bids shall be solicited by public notice published in the

official newspaper of record at least 10 days in advance of the last day for the submission of bids. The

chief purchasing agent shall prepare or oversee preparation of formal bid specifications based on a

manner of purchasing deemed most favorable to the interests of the city and on specifications that are

broad enough to allow for competition. The contract shall be awarded to the lowest responsible bidder

as defined in Minnesota law.

(Prior Code, ' 2-21) (Ord. 369, passed 8-27-2002; Am. Ord. 531, passed 1-25-2011)

2012 S-9

44 Park Rapids - Administration

' 35.07 CONTRACTS FOR LOCAL IMPROVEMENTS PAID FOR BY SPECIAL

ASSESSMENTS OF $50,000 OR GREATER.

Contracts for any local improvement project that is paid for with special assessments pursuant to

M.S. Ch. 429 in amounts estimated to exceed $50,000 shall be approved by the City Council and shall

be subject to the process established in ' 35.06, or pursuant to any other procedure authorized in state

law.

(Ord. 531, passed 1-25-2011)

PERSONNEL POLICY

' 35.20 ESTABLISHMENT, AMENDMENT AND MODIFICATION BY RESOLUTION.

(A) The Council is hereby continued to be authorized to establish by Council resolution or

continue in effect a personnel policy for the City of Park Rapids.

(B) The policy may be amended, modified, and added to by Council resolution.

(Prior Code, ' 2-171)

ADMINISTRATIVE PENALTIES

' 35.50 PURPOSE.

Any violation of the City Code which provides for a penalty of a petty misdemeanor or a

misdemeanor may be handled as an administrative penalty pursuant to this subchapter. The City

Council finds that adequate enforcement of the City Code may be accomplished through a system of

administrative penalties. Seldom would the city seek jail time as a penalty for violation of its code

provisions. A system of administrative penalties enforced by City Administration is therefore found to

be more efficient than the District Court.

(Prior Code, ' 2-200)

' 35.51 NOTICE.

(A) Upon discovery of a suspected violation, the alleged violator will be issued, either personally

or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of

his or her right to be heard on the accusation.

2012 S-9

City Policies 45

(B) The notice will also inform the violator that a failure to either pay or respond to the citation

will result in the filing of a petty misdemeanor or misdemeanor complaint with the Court

Administrator=s office.

(Prior Code, ' 2-201)

' 35.52 HEARINGS.

If a person accused of violating this subchapter so requests, a hearing will be scheduled, the time

and place of which provided to the accused violator.

(Prior Code, ' 2-202)

' 35.53 HEARING OFFICER.

A hearing officer or officers will be nominated by the Mayor or the City Administrator and

appointed by the City Council. If the City Council cannot agree upon the appointment of a hearing

officer then the City Council, upon notice, will serve as the hearing panel at a regular meeting or

special meeting called for that purpose.

(Prior Code, ' 2-203)

' 35.54 FINDINGS.

If the hearing officer determines that a violation of this subchapter did occur, that decision, along

with the hearing officer=s reasons for finding a violation and the penalty to be imposed will be

recorded in writing. A copy of the written findings will be provided to the accused violator. Likewise,

if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty,

those findings will be recorded and a copy provided to the accused violator.

(Prior Code, ' 2-204)

' 35.55 APPEALS.

(A) Appeals of any decision made by the hearing officer will be filed in Hubbard County District

Court, Ninth Judicial District of Minnesota.

(B) If the hearing officer has kept a verbatim written record of the proceeding, including an audio

or video tape record which is capable of transcription, then the appeal to the District Court will be

limited to a review of the record.

District Court will be heard by the District Court de novo.

(Prior Code, ' 2-205)

46 Park Rapids - Administration

' 35.56 RECORD OF PROCEEDING.

At the discretion of the hearing officer an audio-taped, video-taped, or stenographic transcription

of the proceeding may be ordered. Cameras, audio or video recorders, or other electronic means of

data preservation will not be allowed without the consent of the hearing officer.

(Prior Code, ' 2-206)

' 35.57 MISDEMEANOR PROSECUTION.

Nothing in this subchapter will prohibit the city from seeking prosecution as a petty misdemeanor

or a misdemeanor for any alleged violation of this subchapter.

(Prior Code, ' 2-207)

' 35.58 CONTINUED VIOLATION.

Each violation, and every day in which a violation occurs or continues, shall constitute a separate

offense.

(Prior Code, ' 2-208)

' 35.59 PENALTIES.

Annually the City Council will establish a fine schedule. In the event the City Council fails to

establish a fine schedule, then penalties will be imposed at the discretion of the hearing officer. The

hearing officer may, in addition to any administrative penalty imposed, require a violator to pay for a

recorder=s record, a stipend for the hearing officer or the hearing officer=s staff and any other

reasonable out-of-pocket expenses incurred in the hearing process.

(Prior Code, ' 2-209)

' 35.60 DESIGNATION AS AN ADMINISTRATOR VIOLATION.

The decision to proceed against an accused violator on the basis of an administrative penalty as

opposed to a misdemeanor or petty misdemeanor violation in the District Court shall rest with the City

Administrator. The City Administrator will, as part of his or her reporting requirement, report to the

City Council of violations pending and the results of those hearings which have been concluded.

(Prior Code, ' 2-211)

City Policies 47

' 35.61 COLLECTION OF ADMINISTRATOR PENALTIES.

(A) Any violator who fails or refuses to pay an administrative penalty will remain subject to

misdemeanor or petty misdemeanor District Court action.

(B) Likewise, any license held by the violator is subject to suspension or revocation for

non-payment.

non-payment providing for a 10-day term in which to pay the penalty.

(Prior Code, ' 2-212)

' 35.62 STATUTE.

Notice is hereby given, pursuant to M.S. 415.021, as it may be amended from time to time, that

copies of the amended Park Rapids City Code, '' 35.50 through 35.62 are on file in the office of the

City Clerk.

(Prior Code, ' 2-213)

CHAPTER 36: FEE SCHEDULE

Section

36.01 Fees covered

36.02 Payment

36.03 Commerce fees

36.04 Beer fees

36.05 Liquor fees

36.06 Employee/contracted services compensation

36.07 Dog, cat and other animal fees

36.08 Building permit fees

36.09 Water and sewer fees

36.10 City equipment charges

36.11 Planning/zoning fees

36.12 Airport fees

36.13 Miscellaneous fees

36.14 Revolving Loan Fund fees

36.15 Event fees

36.16 Rental inspection fees

' 36.01 FEES COVERED.

(A) All fees payable to the city, by reason of this code or state law, shall be governed by this

chapter.

(B) If any code chapter or state law provides for or requires the payment of a fee to the city, and

this chapter makes no reference thereto, then any other code chapter or law shall govern.

(Prior Code, ' 24-1)

' 36.02 PAYMENT.

(A) All fees shall be due and payable in full at the time specified in the applicable code chapter or

state law.

(B) If no time is provided, fees shall be due and payable upon demand of the Clerk or other

authorized city officer or agency.

(Prior Code, ' 24-2)

2007 S-1

50 Park Rapids - Administration

' 36.03 COMMERCE FEES.

Type of Fee

Fee Amount

Reference

Peddler=s, solicitors and transient

merchant

s license

$25 per day

' 114.04

$1,500 for seasonal license (valid no more than 4

months)

Double fee for application not filed within allowed

14 day timeframe

' 114.03

Vendors as part of an organized event

$10 per day or $50 per day for the first 5, then $5

each thereafter

' 114.04

Extended garage sale

$250 annually

112.03

Commercial animal establishment

$150 annually

111.05

Wrecking or junk yard license

$1,000

117.01

Backhoe operator

s license

$30

118.03

Plumber

s license

$30

115.04

Liability insurance rates for persons

installing sewer and water connections

$500,000 per person, $1,000,000 per aggregate

and $50,000 for property damage

' 50.28

Mechanical contractors

$30 annually

116.08

Tree contractors

$30 annually

120.03

Taxi cab license

$25 for first vehicle

' 121.04

$10 for each additional vehicle

Pawn broker license

$100 annually

113.04

Adult use license

$500 annually. License fees are non-refundable.

119.08

(Prior Code, ' 24-3) (Ord. 342, passed- - ; Am Ord. 351, passed 8-28-2001; Am. Ord. 395, passed- -;

Am. Ord. 446, passed 9-27-2005; Am. Ord. 459, passed 4-25-2006)

Fee Schedule 51

' 36.04 BEER FEES.

Type of Fee

Fee Amount

Reference

Off-sale beer license

$50 annually

91.017

On-sale beer license

$150 annually

91.017

Temporary on-sale 3.2 beer license

$25 per day

91.017

(Prior Code, ' 24-4) (Ord. 401, passed- -)

' 36.05 LIQUOR FEES.

Type of Fee

Fee Amount

Reference

On-sale liquor license

$1,800 annually

91.056

Temporary on-sale liquor license

$25 per day

91.056

Administrative fee

$300 per new application

91.056

On-sale wine license

$250 annually

91.067

Sunday liquor license

$250 annually

91.056

(Prior Code, ' 24-5) (Ord. 401, passed- -)

' 36.06 EMPLOYEE/CONTRACTED SERVICES COMPENSATION.

Type of Fee

Fee Amount

Reference

Mayor’s compensation

$350 per month, effective 1-1-2006

30.29

Council member’s compensation

$300 per month, effective 1-1-2006

30.29

Fire Chief

$2,750 per year

32.10

Assistant Fire Chief

$750 per year

32.10

Training officer

$400 per year

32.10

Safety officer

$300 per year

32.10

Fire secretary

$300 per year

32.10

(Prior Code, ' 24-6) (Ord. 296, passed 1999; Res. 2001-121, passed- -; Am. Ord. 446, passed

9-27-2005; Am. Ord. 471, passed 11-28-2006; Am. Ord. 515, passed 8-25-2009)

52 Park Rapids - Administration

' 36.07 DOG, CAT AND OTHER ANIMAL FEES.

Type of Fee

Fee Amount

Reference

$5 per year neutered/spayed

$10 per year non-neutered/unspayed

Duplicate tags

90.016

Dangerous dog fee

$200 per year

90.065

(Prior Code, ' 24-7) (Ord. 338, passed- -; Am. Res. 01-220, passed- -; Am. Ord. 459, passed

4-25-2006)

' 36.08 BUILDING PERMIT FEES.

Type

Reference

Valuation

150.02

Commercial

Valuation

Fee Amount

$1 to $500

$22

$501 to $2,000

$22 for the first $500, plus $2.75 for each additional $100 or fraction

thereof, to and including $2,000

$2,001 to $25,000

$63 for the first $2,000, plus $12.50 for each additional $1,000 or

fraction thereof, to and including $25,000

$25,001 to $50,000

$325 for the first $25,000, plus $9 for each additional $1,000 or

fraction thereof, to and including $50,000

$50,001 to $100,000

$580 for the first $50,000, plus $6.25 for each additional $1,000 or

fraction thereof, to and including $100,000

$100,001 to $500,000

$895 for the first $100,000, plus $5 for each additional $1,000 or

fraction thereof, to and including $500,000

$500,001 to $1,000,000

$2,855 for the first $500,000, plus $4.25 for each additional

$1,000.00 or fraction thereof, to and including $1,000,000

$1,000,001 and up

$4,955 for the first $1,000,000, plus $2.75 for each additional $1,000

or fraction thereof

All permits

Plan review shall be required on new construction, major remodels

and major repairs. Fee shall be 65% of building permit value

Fee Schedule 53

Valuation

Fee Amount

Commercial

Demolition permit

$50

151.249

Residential: 1 or 2-family

Valuation

Fee Amount

$1 to $500

$15

$501 to $2,000

$15 for the first $500, plus $2 for each additional $100 or fraction

thereof, to and including $2,000

$2,001 to $25,000

$45 for the first $2,000, plus $9 for each additional $1,000 or fraction

thereof, to and including $25,000

$25,001 to $50,000

$252 for the first $25,000, plus $6.50 for each additional $1,000 or

fraction thereof, to and including $50,000

$50,001 to $100,000

$414.50 for the first $50,000, plus $4.50 for each additional $1,000 or

fraction thereof, to and including $100,000

$100,001 to $500,000

$639.50 for the first $100,000, plus $3.50 for each additional $1,000 or

fraction thereof, to and including $500,000

$500,001 to $1,000,000

$2,039.50 for the first $500,000, plus $3.00 for each additional $1,000

or fraction thereof, to and including $1,000,000

$1,000,001 and up

$3,539.50 for the first $1,000,000, plus $2.00 for each additional

$1,000 or fraction thereof

All permits

Plan review shall be required on new construction, major remodels and

major repairs. Fee shall be 65% of building permit value

All permits

State surcharge shall be applied to all permits based on valuation

according to M.S. 16B-70, as it may be amended from time to time

Other Inspections and Fees:

1. Inspection outside of normal business hours $30 per hour*

(minimum charge - two hours)

2. Reinspection fees ...... $30 per hour*

3. Inspections for which no fee is specially indicated $30 per hour*

(minimum charge - one-half hour)

4. Additional plan review required by changes, additions or revisions to plans $30 per hour*

(minimum charge - one-half hour)

5. For use of outside consultants for plan checking and inspections, or both Actual costs*

* Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead,

equipment, hourly wages and fringe benefits of the employees involved.

Residential

Demolition permit

$25

151.249

(Prior Code, ' 24-8) (Ord. 386, passed 5-27-2003; Am. Ord. 399, passed 10-28-2003; Am. Ord. 404,

passed 2-24-2004; Am. Ord. 468, passed 10-10-2006; Am. Ord. 513, passed 3-24-2009)

2009 S-7

54 Park Rapids - Administration

' 36.09 WATER AND SEWER FEES.

Type of Fee

Fee Amount

Reference

Water connection fee

$375

50.01

Residential water base rate

$17.50 per quarter

50.08

Residential water rates

$3.99 per 1,000, 0 to 15,000 gallons

50.08

$4.31 per 1,000, 15,001 to 30,000 gallons

50.08

$4.78 per 1,000, 30,001 to 45,000 gallons

50.08

$5.25 per 1,000, 45,001 gallons and above

50.08

Commercial water base rate

$17.50 per quarter

50.08

Commercial water rates

$3.99 per 1,000, 0 to 15,000 gallons

50.08

$4.31 per 1,000, 15,001 to 30,000 gallons

50.08

$4.78 per 1,000, 30,001 gallons and above

50.08

Oversized water lines, not to include fire

protection lines

Bi-monthly

3 inches

$40

4 inches

$70

6 inches

$100

8 inches

$160

10 inches

$400

12 inches

$750

Sewer connection fee

$375

50.48

Sewer rates

Base rate of $10, then $3.58 per 1,000

gallons

' 50.47

Sewer only accounts

$43.74 per quarterly billing cycle

50.47

Wellhead protection fee

$0.75 per quarterly water/sewer billing

cycle

Wellhead Protection

Plan

State mandated water testing fee

$1.59 per quarterly water/sewer billing

cycle

' 50.08

Private sewer installer fee

$75

50.28

Meter replacement - remote

$100

New 5/8 inch meter

Cost plus freight

Fee Schedule 55

Type of Fee

Fee Amount

Reference

Irrigation water base rate

$17.50 per quarter

50.08

Irrigation water rates

$3.99 per 1000, 0 to 15,000 gallons

50.08

$4.31 per 1,000, 15,001 to 30,000 gallons

50.08

$4.78 per 1,000, 30,001 gallons and above

50.08

Meter horn

Cost plus 10% to 20%

Meter mounting bracket

Cost plus freight and 10% to 20%

Line valves

Cost plus freight and 10% to 20%

Hydrant rent

With hydrant meter

Fill station water

$0.25 per 100 gallons

Utility connect/disconnect

$40 each during regular hours

$60 after hours and weekends

Excavation permit fee

$25

50.28

Right-of-way permit fee

$25

50.28

Obstruction permit fee

$25

50.28

Septic System Installations:

New system residential

$100

50.28,

151.131

New system commercial

$250

50.28,

151.131

Drain field extension

$50

50.28,

151.131

Holding tank

$100

50.28,

151.131

Re-inspection fee

$50

50.28,

151.131

Storm Water Utility single-family

residential standardized fee

$2 minimum per month

' 51.04

Review and processing of the Storm Water

Utility credit application

$25 per application

' 51.04

Storm Water Utility maximum fee

$75 per month

51.04

(Prior Code, ' 24-9) (Ord. 372, passed 1-1-2003; Am. Ord. 426, passed 4-1-2005; Am. Ord. 446,

passed 9-27-2005; Am. Ord. 459, passed 4-25-2006; Am. Ord. 464, passed 6-27-2006; Am. Ord. 472,

passed 12-12-2006; Am. Ord. 482, passed 4-24-2007; Am. Ord. 495, passed 11-13-2007; Am. Ord.

497, passed 4-8-2008; Am. Ord. 516, passed 8-25-2009; Am. Ord. 519, passed 9-22-2009; Am. Ord.

520, passed 9-22-2009; Am. Ord. 525, passed 5-11-2010; Am. Ord. 528, passed 6-8-2010; Am. Ord.

546, passed 12-10-2013)

2014 S-11

56 Park Rapids - Administration

' 36.10 CITY EQUIPMENT CHARGES.

Type of Fee

Fee Amount

Reference

*All equipment charges will be billed in 1 hour increments

Large truck

$65 per hour

Ord. 446

Water truck

$50 per hour

Ord. 399

Propatch unit

$75 per hour

Ord. 433

Pick-up truck

$25 per hour

Ord. 446

Large riding mower

$30 per hour

Ord. 446

Tractor mower

$40 per hour

Ord. 446

Small mower

$25 per hour

Ord. 446

Road grader

$55 per hour

Ord. 446

Payloader

$75 per hour

Ord. 446

Payloader with snow-blower

$75 per hour

Sewer rodder

$50 per hour

Ord. 446

Street sweeper

$75 per hour

Ord. 446

Bobcat

$40 per hour

Labor during normal working hours

$30 per hour

Ord. 446

Labor rate for the first hour after normal working hours

*Anything after the normal working hours will be billed in a minimum of 1 hour increments.

$60 per hour

Ord. 446

Labor rate for all hours after the first hour for other than normal working

hours

*Anything after the normal working hours will be billed in a minimum of 1 hour increments.

$45 per hour

Ord. 446

Water utility truck with hoist

$50 per hour

6" trash pump

$50 per hour

Ord. 543

Combination sewer cleaning unit

$250 per hour

Ord. 543

(Prior Code, ' 24-10) (Ord. 399, passed 10-28-2003; Am. Ord. 433, passed 5-24-2005; Am. Ord. 446,

passed 9-27-2005; Am. Ord. 543, passed 6-11-2013)

2014 S-11

Fee Schedule 57

' 36.11 PLANNING/ZONING FEES.

Type of Fee

Fee Amount

Reference

Conditional use permit

$175 (effective 7-1-2005)

151.249

Variance

$175 (effective 7-1-2005)

151.249

Zoning amendment

$175 plus $175 when comprehensive plan revision is

required (effective 7-1-2005)

' 151.249

Preliminary plats/PUDs

$225 plus $15 per lot (effective 7-1-2005)

151.249

Minor subdivision

$75

151.249

Land division - lot splits

$25

151.249

Vacation of public land

$125 (effective 7-1-2005)

151.249

Sign permit

$25

151.180

Temporary/portable sign permit

$10

151.180

Banner

$25 before placement

151.180

$50 after placement

$50 security deposit

(Prior Code, ' 24-11) (Ord. 399, passed 10-28-2003; Am. Ord. 440, passed 6-28-2005; Am. Ord. 446,

passed 9-27-2005)

' 36.12 AIRPORT FEES.

Type of Fee

Fee Amount

Reference

Airport hangar 1 - 6

$95 per month

Ord. 338

Airport hangar 7 - 8

$115 per month

Ord. 338

Airport hangar 9 - 10

$105 per month

Ord. 338

Airport hangar 11 - 16

$85 per month

Ord. 338

Airport hangar 17 - 22

$135 per month

Ord. 338

Airport hangar 23

$185 per month

Ord. 338

Airport hangar 24 - 28

$125 per month

Ord. 338

Airport hangar 29

$215 per month

Res. 2002-212

Airport hangar 30 - 36

$155 per month

Ord. 338

2009 S-7

58 Park Rapids - Administration

Type of Fee

Fee Amount

Reference

Airport hangar 37 - 43

$145 per month

Ord. 338

Airport hangar 44

$195 per month - large planes

Res. 2002-212

$155 per month - small planes

Landing fees for 3M

None

Airport parking fees

$75 per year for long term (30 or more days

per

year)

Res. 2002-211

Airport meeting room fees

$40 per

day

Ord. 371

$60 all day

Airport meeting room key security deposit

(Deposit refunded when key is returned to

city hall.)

$40 security deposit

Ord. 386

Lost keys/cards/transmitters

$50 each

Ord. 399

Gate key cards, emergency vehicles exempted

$5 each

Ord. 409

(Prior Code, ' 24-12) (Ord. 338, passed- -; Am. Ord. 371, passed 9-11-2002; Am. Res. 2002-211,

passed- -; Am. Res. 2002-212, passed- -; Am. Ord. 386, passed 5-27-2003; Am. Ord. 399, passed

10-28-2003; Am. Ord. 409, passed 7-13-2004)

' 36.13 MISCELLANEOUS FEES.

Type of Fee

Fee Amount

Reference

Fire calls

$500 for the first hour, $300 for each

additional hour

'' 32.01 et seq.

Police insurance reports

Parking fine

$10 per violation

71.99

Police incident reports

$5 per report up to 10 pages, $.25 each

additional page up to 20 pages

Extensive files over 20 pages - per page

charge

plus time and postage

Police photographs (copies)

$25 per set

Cassettes and videos (copies)

$25 per tape

Vehicle impound fee

$50

Vehicle storage fee

$10 per day after 24 hours

Type of Fee

Fee Amount

Reference

Plumbing inspection fees

$25 piping and first 5 fixtures; $2 each

additional fixture

' 115.08

Plumbing re-inspection fee

$25 per inspection

115.08

Copies

City information:

$0.25 per each black and white page copied

($0.50 for 2-sided copy) for 100 or fewer

pages (or) for more than 100 pages the actual

costs of

searching, retrieving, making, compiling and

transmitting copies.

M.S. ' 13.03, as it

may be amended

from time to time

Ord. 422

Ord. 446

Maps (large size)

$15 each

Ord. 399

Fax

$1 per page includes long distance

Zoning Code book

$25

Ord. 399

Comprehensive plan book

$25

Ord. 399

Housing study book

$25

Ord. 399

City budget book

$25

Ord. 422

City Council packet

$5 (copy for city

s official newspaper exempt)

Ord. 422

Surcharge for dishonored checks

$30 per check

M.S. 604.113,

subdivision 2A

Special assessment search

$25 per search

Ord. 389

Public meeting room fee (Includes library,

public safety building and city hall)

Non-profit groups: No charge

Non-

profit groups that charge a fee or tuition:

$50

For-profit groups: $50

Ord. 446

(Prior Code, ' 24-13) (Ord. 386, passed 5-27-2003; Am. Ord. 389, passed- -; Am. Ord. 399, passed

10-28-2003; Am. Ord. 422, passed 1-25-2005; Am. Ord. 446, passed 9-27-2005; Am. Ord. 512, passed

2-24-2009)

' 36.14 REVOLVING LOAN FUND FEES.

Type of Fee

Fee Amount

Reference

Application fee

(Loans, loan guarantee or loan participation)

A nonrefundable application fee of $150 shall be

required with each application. This fee can be applied

toward the origination fee. However, if the origination

fee is less than $150, the application fee shall still remain

at $150 and remains nonrefundable. Upon receiving loan

approval, an additional $250 will be requested to apply

toward the costs to prepare the closing documents.

Ord. 419

60 Park Rapids - Administration

Type of Fee

Fee Amount

Reference

Original loan

1% origination fee, plus normal closing costs

Ord. 419

Successive loan

% origination fee, plus normal closing costs

Ord. 419

Assumption fee

1% of loan balance to be assumed, plus normal closing

costs

Ord. 419

Loan modification

Fee of $150, plus legal costs (if any)

Ord. 419

Loan renewal

Fee of $100, plus legal costs (if any)

Ord. 419

Bank req. subordination

Fee of $100, plus legal costs (if any)

Ord. 419

Fee for late payments

If the regular monthly payment is not received within 15

days of due date, borrower shall be charged a late fee

equal to the lesser of 2% of the monthly payment of $20,

unless otherwise provided in the loan agreement. The late

charge shall be considered unpaid if not received within

30 calendar days of the missed due date for which it was

imposed. Any unpaid late charge(s) shall be collected

when the loan is paid off. Acceptance of a late charge by

the agency does not constitute a waiver of default.

Ord. 419

Other closing costs

The applicant may be required to pay some costs up

front. An example would be appraisal fees.

Ord. 419

(Prior Code, ' 24-14) (Ord. 419, passed 11-29-2004)

' 36.15 EVENT FEES.

Type of Fee

Fee Amount

Reference

Dance permit

$10 per day

96.029

Outdoor concert permit

$10 per day

96.049

Parade permit

$10 per block, maximum fee $150 per event

96.005

Public facilities use permit - general use

$25 per day

96.001

Street closing

$10 per block

96.005

(Prior Code, ' 24-15) (Ord. 460, passed 5-9-2006)

Fee Schedule 60A

' 36.16 RENTAL INSPECTION FEES.

Type of Fee

Fee Amount

Reference

Single-family

$40

152.054

2 to 4 units

$40 per unit

152.054

5 or more units

$35 per unit

152.054

New construction

$15 per unit

152.054

Reinspection

$30 per unit/per occurrence

152.054

No show fee

Property owners shall be assessed a $25 fee if

they fail to show up for a scheduled

appointment. The fee will be assessed if they

do not contact staff and reschedule their

appointment at least two (2) business days

prior and fail to show up. Property owners

will be allowed one (1) cancellation before

they are assessed a fee.

' 152.054

(Ord. 474, passed 2-27-2007; Am. Ord. 530, passed 12-14-2010)

CHAPTER 37: EMERGENCY MANAGEMENT

Section

37.01 Policy and purpose

37.02 Definitions

37.03 Establishment of emergency management organization

37.04 Powers and duties of Director

37.05 Local emergencies

37.06 Emergency regulations

37.07 Emergency management a government function

37.08 Participation in labor disputes or politics

37.99 Penalty

' 37.01 POLICY AND PURPOSE.

Because of the existing possibility of the occurrence of disasters of unprecedented size and

destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or

from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in

order to insure that preparations of this city will be adequate to deal with those 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:

(A) To establish a city emergency management organization responsible for city planning and

preparation for emergency government operations in time of disasters;

(B) To provide for the exercise of necessary powers during emergencies and disasters;

this state and of other states with respect to the carrying out of emergency-preparedness functions; and

(D) To comply with the provisions of M.S. ' 12.25, as it may be amended from time to time,

which requires that each political subdivision of the state shall establish a local organization for

emergency management.

62 Park Rapids - Administration

' 37.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

DISASTER. A situation which creates an immediate and serious impairment to the health and

safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to

property, and for which traditional sources of relief and assistance within the affected area are unable to

repair or prevent the injury or loss.

EMERGENCY. An unforeseen combination of circumstances which calls for immediate action to

prevent from developing or occurring.

EMERGENCY MANAGEMENT. 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 fire, flood, tornado, and

other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps.

These functions include, without limitation, fire-fighting services, police services, emergency medical

services, engineering, warning services, communications, radiological, and chemical, evacuation,

congregate care, emergency transportation, existing or properly assigned functions of plant protection,

temporary restoration of public utility services and other functions related to civil protection, together

with all other activities necessary or incidental for carrying out the foregoing functions.

EMERGENCY MANAGEMENT includes those activities sometimes referred to as Acivil defense@

functions.

EMERGENCY MANAGEMENT FORCES. The total personnel resources engaged in city-level

emergency management functions in accordance with the provisions of this chapter or any rule or order

thereunder. This includes personnel from city departments, authorized volunteers, and private

organizations and agencies.

EMERGENCY MANAGEMENT ORGANIZATION. The staff responsible for coordinating

city-level planning and preparation for disaster response. This organization provides city liaison and

coordination with federal, state, and local jurisdictions relative to disaster preparedness activities and

assures implementation of federal and state program requirements.

' 37.03 ESTABLISHMENT OF EMERGENCY MANAGEMENT ORGANIZATION.

There is hereby created within the city government an emergency management organization which

shall be under the supervision and control of the City Emergency Management Director, called the

Director. The Director shall be appointed by the City Council for an indefinite term and may be

removed by the Council at any time. The Director shall serve with a salary as established by the City

Council and shall be paid his or her necessary expenses. The Director shall have direct responsibility

for the organization, administration and operation of the emergency preparedness organization, subject

to the direction and control of the Council.

Emergency Management 63

' 37.04 POWERS AND DUTIES OF DIRECTOR.

(A) The Director shall represent the city on any regional or state conference for emergency

management. The Director shall develop proposed mutual aid agreements with other political

subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too

great to be dealt with unassisted, and shall present these agreements to the Council for its action. These

arrangements shall be consistent with the state emergency plan.

(B) The Director shall make studies and surveys of the human resources, industries, resources, and

facilities of the city as deemed necessary to determine their adequacy for emergency management and

to plan for their most efficient use in time of an emergency or disaster. The Director shall establish the

economic stabilization systems and measures, service staffs, boards, and sub-boards required, in

accordance with state and federal plans and directions subject to the approval of the Mayor.

of the city and shall present the plan to the Council for its approval. When the Council has approved

the plan, it shall be the duty of all city agencies and all emergency preparedness 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 emergency management activities of the

city to the end that they shall be consistent and fully integrated with the emergency plans of the federal

government and the state and correlated with emergency plans of the county and other political

subdivisions within the state.

(D) In accordance with the state and city emergency plan, the Director shall institute training

programs, public information programs and conduct practice warning alerts and emergency exercises

as may be necessary to assure prompt and effective operation of the city emergency plan when a

disaster occurs.

(E) The Director shall utilize the personnel, services, equipment, supplies, and facilities of

existing departments and agencies of the city to the maximum extent practicable. The officers and

personnel of all city departments and agencies shall, to the maximum extent practicable, cooperate with

and extend services and facilities to the city=s emergency management organization and to the

Governor upon request. The head of each department or agency in cooperation with the Director shall

be responsible for the planning and programming of those emergency activities as will involve the

utilization of the facilities of the department or agency.

(F) The Director shall, in cooperation with those city departments and agencies affected, assist in

the organizing, recruiting, and training of emergency management personnel, which may be required

on a volunteer basis to carry out the emergency plans of the city and state. To the extent that

emergency personnel are recruited to augment a regular city department or agency for emergencies,

they shall be assigned to the departments or agencies and shall be under the administration and control

of the department or agency.

64 Park Rapids - Administration

(G) Consistent with the state emergency services law, the Director shall coordinate the activity of

municipal emergency management organizations within the city and assist in establishing and

conducting

training programs as required to assure emergency operational capability in the several services as

provided by M.S. ' 12.25, as it may be amended from time to time.

(H) The Director shall carry out all orders, rules, and regulations issued by the Governor with

reference to emergency management.

(I) The Director shall prepare and submit reports on emergency preparedness activities when

requested by the Mayor.

' 37.05 LOCAL EMERGENCIES.

(A) A local emergency may be declared only by the Mayor or his or her legal successor. It shall

not be continued for a period in excess of 3 days except by or with the consent of the Council. Any

order, or proclamation declaring, continuing, or terminating a local emergency shall be given prompt

and general publicity and shall be filed in the office of the City Clerk.

(B) A declaration of a local emergency shall invoke necessary portions of the response and

recovery aspects of applicable local or inter-jurisdictional disaster plans, and may authorize aid and

assistance thereunder.

authorized by the agreement under which the agency functions. However, an inter-jurisdictional

disaster agency shall provide aid and services in accordance with the agreement under which it

functions.

Penalty, see ' 37.99

' 37.06 EMERGENCY REGULATIONS.

(A) Whenever necessary, to meet a declared emergency or to prepare for an emergency for which

adequate regulations have not been adopted by the Governor or the Council, the Council may by

resolution promulgate regulations, consistent with applicable federal or state law or regulation,

respecting: the conduct of persons and the use of property during emergencies; the repair,

maintenance, and safeguarding of essential public services, emergency health, fire, and safety

regulations, drills or practice periods required for preliminary training, and all other matters which are

required to protect public safety, health, and welfare in declared emergencies.

(B) Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the

particular emergency to which it pertains, if so limited, and shall be filed in the office of the City Clerk.

A copy shall be kept posted and available for public inspection during business hours. Notice of the

existence of these regulations and their availability for inspection at the City Clerk=s office shall be

Emergency Management 65

conspicuously posted at the front of the city hall or other headquarters of the city or at other places in

the affected area as the Council shall designate in the resolution. By resolution, the Council may

modify or rescind a regulation.

every regulation shall expire at the end of 30 days after its effective date or at the end of the emergency

to which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an

emergency regulation promulgated by the Council shall be suspended during the period of time and to

the extent conflict exists.

(D) (1) During a declared emergency, the city is, under the provisions of M.S. ' 12.31, as it may

be amended from time to time and notwithstanding any statutory provision to the contrary, empowered,

through its Council, acting within or without the corporate limits of the city, to enter into contracts and

incur obligations necessary to combat the disaster by protecting the health and safety of persons and

property and providing emergency assistance to the victims of a disaster.

(2) The city may exercise these powers in the light of the exigencies of the disaster without

compliance with the time-consuming procedures and formalities prescribed by law pertaining to the

performance of public work, entering rental equipment agreements, purchase of supplies and materials,

limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not

limited to, publication of resolutions, publication of calls for bids, provisions of personnel laws and

rules, provisions relating to low bids, and requirement for bids.

Penalty, see ' 37.99

' 37.07 EMERGENCY MANAGEMENT A GOVERNMENT FUNCTION.

(A) All functions and activities relating to emergency management are hereby declared to be

governmental functions.

(B) The provisions of this section shall not affect the right of any person to receive benefits to

which he or she would otherwise be entitled under this resolution or under the Worker=s Compensation

law, being M.S. Chapter 176, or under any pension law, nor the right of any person to receive any

benefits or compensation under any act of Congress.

' 37.08 PARTICIPATION IN LABOR DISPUTES OR POLITICS.

The emergency management organization shall not participate in any form of political activity, nor

shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor

dispute.

' 37.99 PENALTY.

Any person who violates any provision of this chapter or any regulation adopted thereunder

relating to acts, omissions, or conduct other than official acts of city employees or officers is guilty of a

misdemeanor.

CHAPTER 38: EMPLOYMENT BACKGROUND CHECKS

Section

38.01 Applicants for city employment

38.02 Criminal history employment background investigations

Cross-reference:

Personnel policy, see ' 35.20

' 38.01 APPLICANTS FOR CITY EMPLOYMENT.

The purpose and intent of this section is to establish regulations that will allow law enforcement

access to Minnesota=s Computerized Criminal History information for specified non-criminal purposes

of employment background checks for the positions described in ' 38.02.

(Ord. 541, passed 2-12-2013)

' 38.02 CRIMINAL HISTORY EMPLOYMENT BACKGROUND INVESTIGATIONS.

(A) The Park Rapids Police Department is hereby required, as the exclusive entity within the city,

to do a criminal history background investigation on the applicants for the following positions within

the city, unless the city=s hiring authority concludes that a background investigation is not needed:

(1) Employment positions.

(a) All regular part-time or full-time employees of the city;

(b) Positions that work with children or vulnerable adults; the city will not obtain all of

the criminal data authorized under the Child Protection Background Check Act, M.S. ' 299C.61 and

M.S. ' 299C.62, on positions working with children by using the city=s police department to conduct

background checks - the city must access those records by using the service provided by the Bureau of

Criminal Apprehension and paying the associated fee;

(d) Sworn police positions are already authorized and covered by

M.S. ' 626.87, Subd. 1.

(B) In conducting the criminal history background investigation in order to screen employment

applicants, the Park Rapids Police Department is authorized to access data maintained in the Minnesota

Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance

2014 S-11

68 Park Rapids - Administration

with BCA policy. Any data that is accessed and acquired shall be maintained at the Park Rapids

Police Department under the care and custody of the chief law enforcement official or his or her

designee. A summary of the results of the Computerized Criminal History data may be released

by the Park Rapids Police Department to the hiring authority, including the City Council, the

City Administrator or Clerk, or other city staff involved in the hiring process.

Police Department by written consent to undertake the investigation. The written consent must

fully comply with the provisions of M.S. Ch. 13 regarding the collection, maintenance and use of

the information. Except for the positions set forth in M.S. ' 364.09, the city will not reject an

applicant for employment on the basis of the applicant=s prior conviction unless the crime is

directly related to the position of employment sought and the conviction is for a felony, gross

misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant=s request on

this basis, the city shall notify the applicant in writing of the following:

(1) The grounds and reasons for the denial;

(2) The applicant complaint and grievance procedure set forth in M.S. ' 364.06;

(3) The earliest date the applicant may reapply for employment; and

(4) That all competent evidence of rehabilitation will be considered upon reapplication.

(Ord. 541, passed 2-12-2013)

TITLE V: PUBLIC WORKS

Chapter

50. WATER AND SEWER

51. STORM WATER UTILITY

CHAPTER 50: WATER AND SEWER

Section

Water

50.01 Application for service connection

50.02 Water meters

50.03 Separate connections, branch systems

50.04 Installation

50.05 Installation, water services

50.06 Connection mandatory

50.07 Failure to connect; Council action

50.08 Water rates

50.09 Billing and payment

50.10 Disconnection for late payment

50.11 General regulations

50.12 Defective service

50.13 Inspection and repairs

50.14 Water Superintendent

Sewer Use

50.25 Definitions

50.26 Use of public sewers

50.27 Private sewage disposal

50.28 Building sewers and connections

50.29 Main and lateral sewer construction

50.30 Protection from damage

50.31 Authority of Inspectors

50.32 Validity

Sewer Service Charge

50.45 Sewer service fund

50.46 Administration

50.47 Validity

50.48 Sewer service rates

50.99 Penalty

4 Park Rapids - Public Works

WATER

§ 50.01 APPLICATION FOR SERVICE CONNECTION.

Any party desiring water service connection with the water system of this city for premises

not heretofore connected shall make application or cause application to be made therefor on a

form provided by the city and file the same with the City Clerk, accompanied by a fee. The fee

for every connection shall be established by the Council and listed in the Fee Schedule, Chapter

36 of this code.

(Prior Code, § 62-26) (Ord. 219, passed 8-10-1981)

§ 50.02 WATER METERS.

(A) Placing and testing. Every customer shall provide a suitable place where a meter can

be installed, and a licensed plumber shall install and maintain the same, and if at any time the

customer desires to have the meter tested for accuracy, the same shall be done by the city and the

fee as determined by the Council charged therefor to the customer if the meter registers 90% or

more accurate. If the meter and/or remote reader shall be damaged by lack of care by the

consumer, the cost of replacing the same shall be charged to and paid by the consumer.

(B) Breakage. In case of breakage, stoppage or other irregularity in the meter, the owner or

consumer, is to notify the utility billing clerk immediately, and any necessary repairs will be

made by the city as hereinafter provided.

of the previous year, or for any other reason, the charge for the corresponding period of the

previous year cannot be justly applied, the charge will be equitably adjusted by the utility billing

clerk.

(D) Re-reads. First re-read is free all others will be charged as set forth by Council.

(Prior Code, § 62-27) (Ord. 341, passed 2001) Penalty, see § 50.99

§ 50.03 SEPARATE CONNECTIONS, BRANCH SYSTEMS.

Unless special permission is granted by the Water Superintendent, each premises shall have

a separate and distinct service connection, and where permission is granted for branch systems,

each branch system shall have its own separate meter and separate curb cock. The supply of

water through each separate service must be recorded by 1 meter only, for which only 1 account

will be rendered by the city. If additional or auxiliary meters are desired for recording the

subdivision of supply, they must be furnished and set by the owner or consumer at his or her

expense and he or she must assume all responsibility for reading and maintaining the same.

(Prior Code, § 62-28)

§ 50.04 INSTALLATION.

(A) Street services. No person, except a plumber having a state license, a plumber with a

plumber’s permit issued by the city, or a backhoe operator licensed by the city, will be permitted

to do any work on service pipes from the main proper to the point of connection to the meter.

(B) Standards. All plumbing connected with the city water system shall conform to the

Minnesota Plumbing Code and ordinances of the city. For violation of this regulation, the

plumber will be liable for each offense or the revocation of his or her permit.

are under the supervision of the city, and all persons are forbidden to interfere with them.

(D) Cost of installation. The cost of installing the service from the main to the premises, as

well as repairs to same shall be borne entirely by the consumer.

(Prior Code, § 62-29) Penalty, see § 50.99

§ 50.05 INSTALLATION, WATER SERVICES.

(A) Connections. In installing water service, all taps shall be driven, street excavations

made, curb cocks inserted, pipes installed from main to curb, and the curb cock installed in an

iron box to which the service is to be connected, by the city’s employees only, or by a plumber

duly licensed under the laws of the State of Minnesota or the ordinances of the City of Park

Rapids.

(B) Service pipes. All service pipes connected with the water system shall be type k copper

or plastic approved by the City Engineer and shall be laid 8 feet below the established grades, or

as low as the top of the street mains. (Plastics must have a tracer line.) All service lines will be

insulated from main to curb stop.

connected to the main with a stainless steel saddle and a corporation cock. There shall be a curb

cock in every service line attached to the water main, the same to be placed as near as possible to

the street side of the sidewalk if on a street, or within 1 foot of the alley line if the main is located

in the alley. To the curb cocks there shall be attached a substantial iron curb box to permit

opening or closing the curb cock from the surface. The curb box shall be covered with a tight

fitting iron lid, with the letter “W” cast upon it. Accessible shutoffs shall be provided on the

main supply line just inside the foundation wall on both sides of the meter.

(D) Check valves. Check valves are required on all connections to steam boilers, hot water

systems, or any other connection deemed by the City Plumbing Inspector to require one. Safety

and relief valves shall be placed on all boilers or other steam apparatus connection with the water

system where the pressure may be raised in excess of 60 pounds per square inch.

(E) Air chamber. For all 2 inch and smaller connections, an air chamber shall be placed on

the house side of the valve following the meter. The chamber must have ample capacity and

shall be at least 2 inches in diameter and at least 4 four feet long, with a reduced connection to

the service pipe.

(Prior Code, § 62-30) (Ord. 341, passed 2001) Penalty, see § 50.99

§ 50.06 CONNECTION MANDATORY.

Each lot, piece or parcel of property in the City of Park Rapids, abutting on any street,

avenue or alley in which a municipal water main is laid, and having a dwelling house or business

building thereon, is required to be connected with the municipal water system of the city within 3

years after the mains are constructed provided the dwelling unit served is within 200 feet of the

edge of the street closest to the dwelling unit.

(Prior Code, § 62-31) (Ord. 223, passed 9-12-1983) Penalty, see § 50.99

§ 50.07 FAILURE TO CONNECT; COUNCIL ACTION.

(A) Should the owner of any premises having access to the municipal water system as

provided in § 50.06 hereof fail to connect the premises with the municipal water system, the

Council may cause the connection to the premises by an authorized representative of the city

upon 30 days notice to the owner thereof and may cause the cost of the connection charges to be

assessed against the owner of the premises and if not paid within 30 days may be certified to the

County Auditor to be collected in the same time and manner as real estate taxes against the

property.

(B) The connection charge/assessment shall be a lien against the property. The assessment

when levied shall bear interest and term at the legal rate for local improvements will be set by

Council action, and shall be collected and remitted to the city in the same manner as an

assessment for local improvements.

(Prior Code, § 62-32) (Ord. 223, passed 9-12-1983; Am. Ord. 517, passed 8-25-2009)

§ 50.08 WATER RATES.

The rates and charges for water and water service supplied by the city shall be established

by the Council and listed in the Fee Schedule, Chapter 36 of this code.

(Prior Code, § 62-33) (Ord. 219, passed 8-10-1981)

§ 50.09 BILLING AND PAYMENT.

(A) When payment due. Bills for water service charges shall be rendered on a quarterly

basis succeeding the period for which the service was rendered and shall be due 20 days from the

date of rendering. Any bill not paid in full 20 days after the due date will be considered

delinquent. At that time the city shall notify the delinquent owner/occupant in writing regarding

the delinquent bill and subsequent penalty. The penalty shall be computed as 10% of the unpaid

balance and shall be increased the same 10% for every billing that is outstanding.

(B) Fractional months. In all cases where water is furnished for a period of a fraction of a

month, the minimum monthly charge shall be payable.

during the period designated, a bill shall nevertheless be rendered for the proper fixed or service

charge, for the period, and subsequent readings shall be equitably adjusted.

(D) Shut off. The fixed service rate will be charged as long as the meter remains in service.

In response to a written request by the owner or authorized agent asking that the water be shut

off and the meter removed, the city will proceed to comply with the request and the service

charge will cease on the date when the meter is removed.

(Prior Code, § 62-34) (Ord. 341, passed 2001)

§ 50.10 DISCONNECTION FOR LATE PAYMENT.

(A) It is the policy of the city to discontinue utility service to customers by reason of

nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.

The city’s form for application for utility service and all bills shall contain, in addition to the

title, address, room number, and telephone number of the official in charge of billing, clearly

visible and easily readable provisions to the effect:

(1) That all bills are due and payable on or before the date set forth on the bill; and

(2) That if any bill is not paid by or before that date, a second bill will be mailed

containing a cutoff notice that if the bill is not paid within 10 days of the mailing of the second

bill, service will be discontinued for nonpayment; and

(3) That any customer disputing the correctness of his bill shall have a right to a

hearing at which time he may be represented in person and by counsel or any other person of his

choosing and may present orally or in writing his complaint and contentions to the city official in

charge of utility billing. This official shall be authorized to order that the customer’s service not

be discontinued and shall have the authority to make a final determination of the customer’s

complaint.

(B) Requests for delays or waiver of payment will not be entertained; only questions of

proper and correct billing will be considered. In the absence of payment of the bill rendered or

resort to the hearing procedure provided herein, service will be discontinued at the time

specified, but in no event until the charges have been due and unpaid for at least 30 days.

nonpayment of bills, service will be reinstated only after all bills for service then due have been

paid, along with a turn-on charge in an amount set by City Council.

(D) The city reserves the right to discontinue service to any or all customers of the water

system, for non-payment of bills. When service has been discontinued for non-payment of bills,

it shall not be resumed except upon payment of the bills, together with interest thereon at the

rate, set by the Council and the payment to the utility billing clerk of a fee determined by the

Council for shutting off and re-establishing service.

(E) Any amounts due hereunder for water charges may be collected in action brought for

that purpose in the name of the city against the water user or the owner of the premises or the

utility billing clerk shall certify to the County Auditor the amounts due for water charges,

including penalty, together with the legal description of the premises served and the County

Auditor shall thereupon enter the amount in the tax levy on the premises collectible with the

taxes for the next ensuing year; provided that nothing herein shall prevent the Water

Superintendent from ordering discontinuance of service to any premises until any bill shall have

been paid.

(F) The owner of the premises shall be liable to pay for the water service charges to the

premises, and the service is furnished to the premises by the city upon the condition that the

owner of the premises is liable to the city. Premises upon which a shut-off has occurred will not

be reconnected until all delinquent charges, together with fees, penalties and interest charges

where applicable, are paid in full by the owner of the premises.

(Prior Code, § 62-35) (Ord. 236, passed 1989; Am. Ord. 341, passed 2001)

§ 50.11 GENERAL REGULATIONS.

(A) Consent to regulations. Every person applying for water service from the city system,

and every owner of property for which the application is made, shall be deemed by the

application to consent to all rules, regulations, and rates contained in the ordinances of the city

and to all modification thereof and to all new rules, regulations, or rates duly adopted.

(B) Use of water without authority. It shall be unlawful for any person to use water from

any premises without the consent of the owner, or to use water from the city system, except to be

drawn through a meter installed by the city. No person, except an authorized representative of

the Water Superintendent, shall turn on or off or tamper with any curb cocks.

consent of the City Council previously obtained, will be allowed to furnish water to other

persons or premises by means of temporary service lines, hose, and the like. Violation of this

regulation may cause the supply to be shut off.

(D) Re-establishment of service. After supply to metered premises has been shut off

for any reason, except for repairs, the service will not be re-established unless written order is

given the Clerk by the owner or authorized agent, nor until all arrears are paid.

(E) Fire hydrants. No person shall, without authority, use or interfere with any fire

hydrant.

(F) Lawn sprinkling. The use of water for lawn sprinkling purposes shall at all times

be subject to the express condition that the Council may at any time, when in its opinion the

condition of the water supply demands it, limit the time during each day during which hoses may

be used for sprinkling purposes, or the Council may forbid the use of water for any given period.

(G) Maintenance shut-offs.

(1) It is expressly agreed and understood that the Council reserves the right at

any time to shut off the water for the purpose of extending, replacing, repairing or cleaning

mains and appurtenances, and the Council shall not be held liable for any damages arising

therefrom.

(2) No claim shall be made against the city by reason of the breaking of any

service pipe or connection.

(H) Special winter use, freezing pipes. Any person using water supplied by the city

may apply to the Clerk for authorization to permit water to run at a stated location to prevent

water pipes from freezing during the months of January, February, and March of each year.

(I) Fires, use of water during. It is hereby declared to be unlawful for any person in

this city, or any person owning or occupying premises connected to the municipal water system,

to use or allow to be used during a fire from the system, except for the purposes of extinguishing

a fire, and upon the sounding of a fire alarm it shall be the duty of every person to see that all

water services are tightly closed and that no water is used except for necessary household

purposes during the fire.

(Prior Code, § 62-36) Penalty, see § 50.99

§ 50.12 DEFECTIVE SERVICE.

All claims for defective service shall be made in writing and filed with the Water

Superintendent on or before the tenth day of the month next succeeding the defective service, or

be deemed waived by the claimant; and if claims are so filed, it shall be the duty of the Water

Superintendent to investigate the facts alleged in the claim and determine the amount, if any,

which would be refunded to the claimant by

10 Park Rapids - Public Works

reason of the defective service, and report the determination to the Council, and if approved by

that body, the amount shall be allowed as a credit on the following bill or paid as other claims;

but no claim, shall be made against the city for any fire or any injuries to the person or property

of any consumer of water under the provision hereof.

(Prior Code, § 62-37)

§ 50.13 INSPECTION AND REPAIRS.

(A) The Water Superintendent or his or her representative shall have the right to enter upon

any premises in the municipality, at all the reasonable hours, to inspect the service pipes and

fixtures connected therewith.

(B) If it shall be found from the inspection or otherwise that any part of the water service

line including corporation and curb stop is in need of repairs, the Water Superintendent or his or

her representative, shall serve notice upon the owner, and upon the occupant, and upon the

person in charge of the premises specifying the time as is reasonable considering the amount of

work to be done, and the nature of the emergency, within which the repairs must be made. It

shall thereupon become the duty of every person served with a notice to comply therewith; and if

it is not complied with, the municipality may cause the work to be done at the expense of any

person so served. Any amounts due hereunder may be collected in the manner provided herein.

with an official department badge with the words “Park Rapids Water Department,” and his or

her number thereon. This badge shall be used for identification purposes when entering

premises.

(Prior Code, § 62-38)

§ 50.14 WATER SUPERINTENDENT.

Unless some other agent or employee of the city shall be designated by the Council as Water

Superintendent, the Clerk shall act as the Superintendent and in the event any reference herein to

the Water Superintendent shall be deemed to refer to the Clerk.

(Prior Code, § 62-39)

SEWER USE

§ 50.25 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the

biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20°C

expressed in milligrams per liter. Laboratory procedures shall be in accordance with the latest

edition of Standard Methods for the Examination of Water and Wastewater.

BUILDING DRAIN. The part of the lower horizontal piping of a drainage system which

receives the discharge from soil, waste, and other drainage pipes inside the walls of the building

and conveys it to the building sewer beginning 5 feet outside the inner face of the building wall.

BUILDING SEWER. The extension from the building drain to the public sewer or other

place of disposal, also called house connection.

CITY. The area within the corporate boundaries of the City of Park Rapids, as presently

established or as amended by ordinance or other legal actions at a future time. The term CITY

when used herein may also be used to refer to the City Council and its authorized

representatives.

COD (CHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the chemical

oxidation of organic matter, expressed in milligrams per liter, as determined in accordance with

standard laboratory procedures as set out in the latest edition of Standard Methods for the

Examination of Water and Wastewater.

COMBINED SEWER. A sewer originally designated to receive both surface water runoff

and sewage.

GARBAGE. Solid waste resulting from the domestic and commercial preparation, cooking

and dispensing of food and from the handling, storage or sale of meat, fish, fowl, fruit, vegetable

or condemned food.

INDUSTRIAL WASTES. The solid, liquid, or gaseous wastes resulting from an industrial

or manufacturing process, trade or business, or from the development, recovery, or processing of

natural resources.

INFILTRATION. Water entering the sewage system (including building drain and pipes)

from the ground through means such as defective pipes, pipe joints, connections, and manhole

walls.

INFILTRATION/INFLOW (I/I). The total quantity of water from both infiltration and

inflow.

INFLOW. Water other than wastewater that enters a sewer system (including building

drains) from sources such as, but not limited to, roof leaders, cellar drains, yard and area drains,

foundation drains, drains from springs and swampy areas, manhole covers, cross-connections

from storm sewers, catch basins, surface runoff, street wash waters, or drainage.

NPDES PERMIT (NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM). The system for issuing, conditioning and denying permits for the discharge of

pollutants from point sources into the navigable waters, the contiguous zone, and the oceans by

the Environmental Protection Agency pursuant to the Federal Water Pollution Control Act of

1972, §§ 402 and 405, being 33 U.S.C. §§ 1342 and 1345.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake or other body of

surface groundwater.

NORMAL DOMESTIC STRENGTH WASTES. Wastes which are characterized by a

composite average strength of 250 mg per liter BOD, and 285 mg per liter suspended solids.

OTHER WASTES. Garbage, municipal refuse, decayed wood, sawdust, shavings, bark,

lime, sand, ashes, oil, tar, chemicals, offal, and other substances except sewage and other wastes.

PERSON. Any individual, firm, company, association, society, corporation, municipal

corporation, governmental unit, or group.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of

solution.

PROCESS WATER. Any water used in the manufacturing, preparation or production of

goods, materials or food. PROCESS WATER is an industrial waste.

PUBLIC SEWER. Any sewer owned or operated by a unit or agency of government.

SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and

groundwater are not intentionally admitted.

SANITARY WASTE. The liquid and water carried wastes discharged from sanitary

plumbing facilities.

SEWAGE or WASTEWATER. The water carried waste products from residence, public

buildings, institutions, industrial establishments, or other buildings including the excrementitious

or other discharge from the bodies of human beings or animals, together with the ground,

surface, and stormwaters as may be present.

SEWER. A pipe or conduit for carrying sewage, industrial wastes, or other waste liquids.

SEWER SYSTEM. Pipelines or conduits, pumping stations, forcemains and all other

devices and appliances appurtenant thereto, used for collecting or conducting sewage, industrial

wastes, or other wastes to a point of ultimate disposal.

SHALL or MAY. SHALL is mandatory. MAY is permissive.

SLUG. Any discharge of water, wastewater or industrial waste which in concentration of

any given constituent, or in quantity of flow exceeds for any period of duration longer than 15

minutes more than 5 times the average 24 hour concentration of flows during the normal

operation.

STORM SEWER or STORM DRAIN. A sewer which carries storm or surface water and

drainage, but excludes sewage and industrial waste, other than unpolluted cooling or process

water.

SUSPENDED SOLIDS. Solids that either float on the surface of or are in suspension in

water, sewage, or other liquids and which are removable by laboratory filtering in accordance

with the latest edition of Standard Methods for the Examination of Water and Wastewater.

UNPOLLUTED WATER. Clean water uncontaminated by industrial wastes, or any

substance which renders the water unclean or noxious or impure so as to be actually or

potentially harmful or detrimental or injurious to public health, safety or welfare to domestic,

commercial, industrial or recreational uses; or to livestock, wild animals, birds, fish, or other

aquatic life.

WASTEWATER FACILITIES. The structures, equipment, or processes required to collect,

carry away, and treat domestic and industrial wastes and dispose of the effluent.

WASTEWATER TREATMENT WORKS or TREATMENT WORKS. An arrangement of

devices and structures for treatment of wastewater, industrial waste and sludge. Sometimes used

as synonymous for wastewater treatment plant or waste treatment plant or water pollution control

plant or sewage treatment plant.

(Prior Code, § 62-51) (Ord. 234, passed 1987)

§ 50.26 USE OF PUBLIC SEWERS.

(A) It shall be unlawful to discharge to any natural outlet within the city or any area under

the jurisdiction of the city any sewage or other polluted waters, except where suitable treatment

has been provided in accordance with subsequent provisions of this section.

(B) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy,

privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage if

adequate and feasible city facilities are available.

wastewater is discharged shall be required to connect to a public sewer at his or her expense

within 3 years of the date the public sewer is operational, provided that the public sewer is within

200 feet of the property generating the wastewater and the public sewer is located in a public

right-of-way or easement for sewer purposes adjacent to the property. All future buildings

constructed on property adjacent to the public sewer shall be required to immediately connect to

the public sewer. If sewer connections are not being made pursuant to this division, an official

90 day notice shall be served instructing the affected property owner to make the connection.

(D) In the event an owner shall fail to connect to a public sewer in compliance with a notice

given under division (C) above, the city may undertake to have the connection made and shall

assess the cost thereof against the benefited property. The assessment shall be a lien against the

property. The assessment, when levied, shall bear interest at the legal rate for local

improvements and shall be certified to the auditor of the County of Hubbard, Minnesota, and

shall be collected and remitted to the city in the same manner as assessments for local

improvements. The rights of the city shall be in addition to any remedial or enforcement

provisions of this section.

(E) No person shall discharge or cause to be discharged directly or indirectly any

stormwater, groundwater, roof runoff, subsurface drainage, waste from on-site disposal systems,

unpolluted cooling or processing water to any sanitary sewer except as permitted by the city or

other local unit of government. No person may discharge sump pump or footing drain water into

the public sanitary sewer.

(F) Stormwater and all other unpolluted water shall be discharged to a storm sewer, except

that unpolluted cooling or processing water shall only be so discharged upon approval by the city

and upon approval and issuance of a discharge permit by the Minnesota Pollution Control

Agency.

(G) No person shall discharge or cause to be discharged directly or indirectly, any of the

following described substances to any public sewer:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,

solid or gas;

(2) (a) Any water or wastes containing toxic or poisonous solids, liquids or gases in

sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with

any wastewater treatment process, constitute a hazard to humans or animals, create a public

nuisance, or create any hazard in the wastewater treatment works; and

(b) A toxic pollutant shall include but not be limited to any pollutant identified

pursuant to § 307A of the Clean Water Act, being 33 U.S.C § 1317(a).

(3) Any water or waste having a pH lower than 5.5 or having any other corrosive

property capable of causing damage or hazard to structures, equipment and personnel of the

wastewater treatment works;

(4) Solid or viscous substances, either whole or ground, in quantities or of the size

capable of causing obstruction to the flow in the sewers, or other interference with the proper

continuation of the wastewater facilities, but not limited to ashes, cinders, disposable diapers,

glass grinding or polishing wastes, stone cuttings or polishing wastes, sand, mud, straw,

shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch

manure, hair and fleshings, entrails, sanitary napkins, paper dishes, cups, milk containers and

other paper products; and

(5) Noxious or malodorous liquids, gases or substances which either singly or by

interaction with other wastes are sufficient to create a public nuisance or hazard to life or are

sufficient to prevent entry into the sewers for their maintenance or repairs.

(H) (1) No person shall discharge or cause to be discharged directly or indirectly the

following described substances to any public sewer unless in the opinion of the city that

discharge will not harm the wastewater facilities, nor cause obstruction to the flow in sewers, nor

otherwise endanger life, limb, or public property, nor constitute a nuisance. In forming its

opinion as to the acceptability of the wastes the city may give consideration to factors such as the

quantities of the subject wastes in relation to flows and velocities in the sewers, materials or

construction of the sewers, nature of the wastewater treatment process, capacity of the

wastewater treatment plant, the city’s NPDES permit, and other pertinent factors. The city may

make these determinations either on a general basis or as to discharges from individual users or

specific discharges, and may prohibit certain discharges from individual users or specific

discharges, and may prohibit certain discharges from individual users because of unusual

concentrations or combinations which may occur.

(2) The substances prohibited are:

(a) Any liquid or vapor having a temperature in excess of 150°F (65°C);

(b) Any water or waste containing fats, wax, grease or oils, whether emulsified or

not, in excess of 100 milligrams per liter or containing substances which may solidify or become

viscous at temperatures between 32°F and 150°F (0°C and 65°C);

particles will be carried freely in suspension under flows normally prevailing in the public

sewers, with no particles greater than ½ inch in any dimension;

(d) Any water or wastes containing strong acid, iron pickling wastes, or

concentrated plating solutions, whether neutralized or not;

(e) Any water or wastes containing phenols or other taste or odor producing

substances which constitute a nuisance or hazard to the structures, equipment, or personnel of the

wastewater works, or which interfere with the treatment required to meet the requirements of the

state or federal government, or any other public agency with proper authority to regulate the

discharge from the wastewater treatment plant;

(f) Any radioactive wastes or isotopes of a half-life or concentration

that they are not in compliance with regulations issued by the appropriate authority having

control over their use or may cause damage or hazards to the treatment works or personnel

operating it;

(g) Any water or wastes having a pH in excess of 9.5; and

(h) Materials which exert or cause:

1. Unusual concentrations of suspended solids, (such as, but

not limited to, Fuller’s earth, lime slurries, and lime residues) or of dissolved solids (such as, but

not limited to, sodium chloride or sodium sulfate);

2. Excessive discoloration (such as, but not limited to, dye

wastes and vegetable tanning solutions);

3. Unusual BOD, chemical oxygen demand, or chlorine

requirements in quantities as to constitute a significant load on the wastewater treatment works.

The BOD discharged to the public sewer shall not exceed 400 mg/l;

4. Unusual volume of flow or concentration of wastes

constituting a slug; and

5. Water or water containing substances which are not

amenable to treatment or reduction by the wastewater treatment processes employed, or are

amenable to treatment only to a degree that the wastewater treatment plant effluent cannot meet

the requirements of the NPDES permit, or requirements of other governmental agencies having

jurisdiction over discharge from the wastewater treatment plant.

(I) (1) If any water or wastes are discharged, or are proposed to be discharged

directly or indirectly to the public sewers, which water or wastes do not meet the standards set

out in or promulgated under this section, or which in the jurisdiction of the city may have a

deleterious effect upon the treatment works, processes, equipment, or receiving waters, or which

otherwise create a hazard to life, or constitute a public nuisance, the city may take all or any of

the following steps:

(a) Refuse to accept the discharges;

(b) Require control over the quantities and rates of discharge;

to the public sewers; and

(d) Require payment to cover the added costs of handling or treating the

wastes.

(2) The design and installation of the plant and equipment for pretreatment or

equalization of flows shall be subject to the review and approval of the city, and subject to the

requirements of 40 C.F.R. 403, entitled Pretreatment Standards, and the Minnesota Pollution

Control Agency.

(J) Grease, oil and mud interceptors shall be provided when they are necessary for the

proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in

division (H)(2) of this section, or any flammable wastes, sand, or other harmful ingredients;

except that the interceptors shall not be required for private living quarters or dwelling units;

except, all interceptors shall be a type and capacity approved by the city and shall be located as

to be readily and easily accessible for cleaning and inspection. All apartment complexes shall

have interceptors.

(K) Where preliminary treatment flow equalization, or interceptors are required for any

water or waste, they shall be effectively operated and maintained continuously in satisfactory and

effective condition by the owner at his or her expense and shall be available for inspection by the

city at all reasonable times.

(L) When required by the city, the owner of any property serviced by a building sewer

carrying wastes shall install a suitable control structure together with necessary meters and other

appurtenances in the building sewer to facilitate observation, sampling and measurement of the

wastes. The structure and equipment, when required, shall be constructed at the owner’s expense

in accordance with plans approved by the city and shall be maintained by the owner so as to be

safe and accessible at all times.

(M) All measurements, tests and analyses of the characteristics of water and waste to which

reference is made in this division shall be determined in accordance with 40 C.F.R. 136,

Guidelines Establishing Test Procedures for the Analysis of Pollutants; the latest edition of

Standard Methods For the Examination of Water and Wastewater and shall be determined at the

control structure provided, or upon suitable samples taken at the control structure. In the event

that no special structure has been required, the control structure shall be considered to be the

nearest downstream manhole in the public sewer from the point at which the building sewer is

connected. Sampling shall be carried out by customarily accepted methods to reflect the effluent

constituents and their effect upon the treatment works and to determine the existence of hazards

to life, health and property. Sampling methods, location, times, duration and frequencies are to

be determined on an individual basis subject to approval by the city.

(N) The owner of any property serviced by a building sewer carrying industrial wastes may,

at the discretion of the city, be required to provide laboratory measurements, tests and analyses

of waters or wastes to illustrate compliance with this section and any special condition for

discharge established by the city or regulatory agencies having jurisdiction over the discharge.

The number, type and frequency of sampling and laboratory analyses to be performed by the

owner shall be as stipulated by the city. The industry must supply a complete analysis of the

constituents of the wastewater discharge to assure that compliance with the federal, state and

local standards are being met. The owner shall report the results of measurements and laboratory

analyses to the city at the times and in the manner as prescribed by the city. The owner shall

bear the expense of all measurements, analyses and reporting required by the city. At times as

deemed necessary the city reserves the right to take measurements and samples for analysis by

an outside laboratory.

(O) New connections to the sanitary sewer system shall be prohibited unless sufficient

capacity is available in all downstream facilities, including, but not limited to, capacity for flow,

BOD, and suspended solids.

(P) No user shall increase the use of process water or, in any manner, attempt to dilute a

discharge as a partial or complete substitute for adequate treatment to achieve compliance with

the limitations contained in this section, or contained in the National Categorical Pretreatment

Standards or any state requirements.

(Q) No statement contained in this section shall be constructed as preventing any special

agreement or arrangements between the city and any industrial concern whereby an industrial

waste of unusual strength or character may be accepted by the city for treatment, subject to

payment therefor by the industrial concern, in accordance with applicable ordinance and any

supplemental agreements with the city.

(Prior Code, § 62-52) (Ord. 234, passed 1987) Penalty, see § 50.99

§ 50.27 PRIVATE SEWAGE DISPOSAL.

(A) Where a public sanitary sewer is not available under the provisions of § 50.26, the

building sewer shall be connected to a private wastewater disposal system complying with the

rules and regulations in MCAR Chapter 7080 entitled Individual Sewage Treatment System

Standards or the requirements of the city or other regulatory agencies, whichever is more

restrictive.

(B) No new private sewer systems or sewer system extensions shall be constructed within

the city without first obtaining written approval of the system plan and the materials to be used in

the construction of the system.

(Prior Code, § 62-53) (Ord. 234, passed 1987) Penalty, see § 50.99

§ 50.28 BUILDING SEWERS AND CONNECTIONS.

(A) The following provisions apply to persons wishing to engage in the work of installing

private sewer service lines and appurtenances for others.

(1) It is unlawful for any person to engage in the work or business of installing private

sewer service lines and appurtenances for others without a license therefor from the city.

(2) Any person desiring to engage in this work shall make application to the city on

forms to be supplied by the city together with a fee. The fee for every license shall be

established by the Council and listed in the fee schedule located in the Fee Schedule, Chapter 36

of this code and shall be for 1 calendar year only. Each renewal shall be made by application

together with the annual fee. A plumber licensed by the State Board of Health shall pay no fee to

the city, but shall show evidence of the state license before the city issues a license.

(3) Each applicant for license shall sign an agreement on form as may be delivered by

the city agreeing to pay the city the actual cost of repair for any damage caused to the city sewer

system by the applicant, or by any of his or her employees or agents. This agreement shall

accompany the license application.

(4) Each applicant shall accompany his or her application with a certificate of

insurance in a company acceptable to the city showing public liability insurance coverage with

limits as may be specified by the City Council as part of the Council’s annual review of fees.

This certificate shall specifically state that insurance covers underground construction operations

and shall contain a provision that the coverage afforded under the policies will not be canceled or

materially changed until at least 15 days prior written notice has been given to the city.

(B) No person, unless authorized by a written permit from the city shall make, install,

repair, alter, disturb, uncover, open or break any sewer connection to the sanitary sewer system

of the city. Permits for connection of a new sewer service or repairs to an existing service shall

be issued by the city after consideration of the application for the permit with regard to

compliance with other provisions of this section. Permits shall be issued in the following

manner.

(1) Application for a permit to perform work on a sewer service connection within the

city shall be made on a form supplied by the city by the person or firm who will be performing

the work to the city along with a fee as determined by the Council for the installation of a new

connection. The person or firm performing the work shall be licensed to perform the work by

the city.

(2) After approval of the permit application by the city, the applicant shall furnish to

the city a performance bond in an amount as determined by the Council. The performance bond

shall be for the good and faithful performance of all work on public and private property relative

to the work being performed. The bond shall be payable to the city and the owner of the

property on which the work is being performed. The bond shall warrant the work for a period of

1 year from the date of completion.

(3) The City Clerk shall issue a permit for the work after the application is approved

and the bond is received.

sewer or repairs to an existing connection shall be borne by the owner. The owner shall

indemnify and hold harmless the city from any loss or damage to the public sewer that may

directly or indirectly be occasioned by the installation of the building sewer.

(D) A separate and independent building sewer shall be provided for every building, except

where 2 or more buildings are situated on 1 parcel so that the parcel may not be subdivided. The

joint use private sewer may be extended to the rear building or buildings and the whole

considered as 1 joint use private sewer provided the buildings are the property of a single owner.

Special variances will be considered by the city.

(E) Old building sewers may be used in connection with new buildings only when they are

found, upon examination and testing by the city, to meet all the requirements of this section.

(F) Unused septic tanks, cesspools, leaching pits, and similar devices and structures shall be

backfilled or made safe and unusable in a manner acceptable to the city.

(G) The size, slope, alignment and materials of construction of a building sewer and the

method used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall

all conform to the requirements of the building code and plumbing code; or other applicable

rules and regulations. In the absence of code provisions, or in amplifications thereof, the

materials and procedures set forth in appropriate specifications of the “Water Pollution Control

Federation (W.P.C.F.) Manual of Practice No. 9" and the American Society for Testing Materials

(A.S.T.M.) Standards shall apply.

(H) Whenever possible the building sewer shall be brought to the building at an elevation

below the basement floor. In all buildings in which any building drain is too low to permit

gravity flow to the public sewer, the building drain shall be provided with a lifting device by an

approved means and discharged to the building sewer.

(I) No person shall make connection of roof downspouts, roof drains, exterior foundation

drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or

building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.

(J) The construction of the building sewer and its connection into the public sewer shall

conform to the requirements of the State of Minnesota Plumbing Code, the sewer specifications

included herein, and other applicable rules and regulations and procedures adopted by the city.

All construction shall be made gas tight and watertight. Any deviation from the prescribed

procedures and materials must be approved by the city prior to installation.

(K) Employees of the city shall be allowed to inspect the work at any stage of construction

and, in any event, the applicant for the permit shall notify the city when the work is ready for

final inspection and no underground portions shall be covered before the final inspection is

complete. The connection shall be made under the supervision of the city or its representative.

(L) All excavations for building sewer installations shall be adequately guarded with

barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways, and

other public property disturbed during the course of the work shall be restored in a manner

satisfactory to the city.

(Prior Code, § 62-54) (Ord. 234, passed 1987; Am. Ord. 341, passed 2001) Penalty, see § 50.99

§ 50.29 MAIN AND LATERAL SEWER CONSTRUCTION.

(A) No person, unless authorized, shall uncover, make any connection with or opening into,

use, alter, or disturb any sanitary or storm sewer within the city or any part of the city wastewater

facilities.

(B) No sanitary or storm sewers shall be constructed in the city (except house or building

service sewers) except by the city or by others in accordance with plans and specifications

approved by a professional engineer. No sewers shall be constructed or considered to be part of

the public sewer system unless accepted by the city.

placing of pipe, jointing, testing, backfilling and other work connected with the construction of

sewers shall conform to the requirements of the city.

(Prior Code, § 62-55) (Ord. 234, passed 1987) Penalty, see § 50.99

§ 50.30 PROTECTION FROM DAMAGE.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover,

deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater

facilities.

(Prior Code, § 62-56) (Ord. 234, passed 1987) Penalty, see § 50.99

§ 50.31 AUTHORITY OF INSPECTORS.

(A) Duly authorized employees of the city shall be permitted to enter all premises for the

purposes of inspection, observation, measurement, sampling and testing in accordance with the

provisions of this subchapter. Those employees shall have no authority to inquire into processes

including metallurgical, chemical, oil, refining, ceramic, paper, or other industries except as is

necessary to determine the kind and source of the discharge to the public sewer.

(B) While performing the necessary work on private property as referred to in division (A)

above of this section, the authorized employees of the city shall observe all safety rules

applicable to the premises.

through which the city holds easements for the purpose of, but not limited to, inspection,

observation, maintenance, and construction of public sewers.

(Prior Code, § 62-57) (Ord. 234, passed 1987) Penalty, see § 50.99

§ 50.32 VALIDITY.

The validity of any section, subdivision, paragraph, clause, sentence, or provision of this

subchapter shall not affect the validity of any other part of this subchapter which can be given

effect without the invalid part or parts.

(Prior Code, § 62-59) (Ord. 234, passed 1987)

SEWER SERVICE CHARGE

§ 50.45 SEWER SERVICE FUND.

(A) (1) The City of Park Rapids hereby continues a sewer service fund as an income fund

to receive all revenues generated by the sewer service charge system, and all other income

dedicated to the operation, maintenance, replacement and construction of the wastewater

treatment works, including taxes, special charges, fees, and assessments intended to retire

construction debt.

(2) The city also continues the following accounts as income and expenditure accounts

within the sewer service fund:

(a) Operation and maintenance account;

(b) Equipment replacement account; and

(B) All revenue generated by the sewer service charge system, and all other income

pertinent to the treatment system, including taxes and special assessments dedicated to retire

construction debt, shall be held by the City Clerk separate and apart from all other funds of the

city. Funds received by the sewer service fund shall be transferred to the operation and

maintenance account, the equipment replacement account, and the debt retirement account in

accordance with state and federal regulations and the provisions of this section.

replacement throughout the design of useful life, whichever is longer, of the wastewater facility

shall be held separate and apart in the equipment replacement account and dedicated to affecting

replacement costs. Interest income generated by the equipment replacement account shall remain

in the equipment replacement account.

(D) Revenue generated by the sewer service charge system sufficient for operation and

maintenance shall be held separate and apart in the operation and maintenance account.

(Prior Code, § 62-85) (Ord. 235, passed 1987)

§ 50.46 ADMINISTRATION.

The sewer service charge and sewer service fund shall be administrated according to the

following provisions:

(A) (1) The City Treasurer shall maintain a proper system of accounts suitable for

determining the operation and maintenance, equipment replacement and debt retirement costs of

the treatment works, and shall furnish the City Council with a report of the costs annually in the

city’s financial report.

(2) The City Council shall annually determine whether or not sufficient revenue is

generated for the effective operation, maintenance, replacement and management of the

treatment works, and whether sufficient revenue is being generated for debt retirement. The

Council will also determine whether the user charges are distributed proportionately to each user

in accordance with § 204(b)(2)(A) of the Federal Water Pollution Control Act, as amended,

being 33 U.S.C. § 1284.

(3) The city shall thereafter, but not later than the end of the year, reassess, and as

necessary revise the sewer service charge system then in use to insure the proportionality of the

user charge and to insure the sufficiency of funds to maintain the capacity and performance to

which the facilities were constructed, and to retire the construction debt.

(B) In accordance with federal and state requirements each user will be notified annually in

conjunction with a regular billing of that portion of the sewer service charge attributable to

operation, maintenance and replacement.

for maintaining all records necessary to document compliance with the sewer service charge

system adopted.

(D) Bills for sewer service charges shall be rendered on a quarterly basis succeeding the

period for which the service was rendered and shall be due 20 days from the date of rendering.

Any bill not paid in full 20 days after the due date will be considered delinquent. At that time

the city shall notify the delinquent owner/occupant in writing regarding the delinquent bill and

subsequent penalty. The penalty shall be computed as 10% of the original bill and shall be

increased the same 10% for every quarter the bill is outstanding.

(E) The owner of the premises, shall be liable to pay for the service to the premises, and the

service if furnished to the premises by the city only upon the condition that the owner of the

premises is liable therefore to the city.

(F) Any additional costs caused by discharges to the treatment works of toxics or other

incompatible wastes, including the cost of restoring wastewater treatment services, clean up and

restoration of the receiving waters and environs, and sludge disposal, shall be borne by the

discharger(s) of the wastes, at no expense to the city.

(Prior Code, § 62-86) (Ord. 235, passed 1987; Am. Ord. 341, passed 2001)

§ 50.47 VALIDITY.

(A) If any section or paragraph of this subchapter shall be held invalid, the invalidity

thereof shall not affect the validity of the other provisions of this subchapter, which shall

continue in full force and effect.

(B) The sewer service charge system shall take precedence over any terms or

conditions of agreements or contracts which are inconsistent with the requirements of §

204(b)(1)(A) of the Act, being 33 U.S.C. § 1284 and federal regulation 40 C.F.R. 35.2140 of the

Environmental Protection Agency’s grant regulations.

(Prior Code, § 62-87) (Ord. 235, passed 1987)

§ 50.48 SEWER SERVICE RATES.

The sewer service rates and charges supplied by the city shall be established by the

Council and listed in the Fee Schedule, Chapter 36 of this code.

(Prior Code, § 62-33) (Ord. 219, passed 8-10-1981)

§ 50.99 PENALTY.

(A) Water.

(1) Any person violating any regulation of §§ 50.01 et seq. shall be guilty of a

petty misdemeanor.

(2) Any prosecution hereunder shall not prevent the enforcement of any civil

right or remedy hereunder or under any other applicable law.

(Prior Code, § 62-40)

(B) Sewer use.

(1) Any person found to be violating any provisions of §§ 50.25 et seq. shall be served

by the city with written notice stating the nature of the violation and providing a reasonable time

limit for the satisfactory correction thereof. The offender shall within the time period stated in

the notice permanently cease all violations.

(2) (a) Any person who shall continue any violation beyond the time limit provided

for in the written notice shall be guilty of a misdemeanor and on conviction thereof shall be fined

in the amount not exceeding $500 for each violation.

(b) Each day in which any violation shall continue shall be deemed a separate

offense.

(3) Any person violating any of the provisions of §§ 50.25 et seq. shall become liable

to the city for any expense, loss or damage occasioned by the city by reason of the violations.

(Prior Code, § 62-58) (Ord. 234, passed 1987)

(1) Each and every sewer service charge levied by and pursuant to §§ 50.45 et seq. is

hereby made a lien upon the lot or premises served, and all charges which are on October 31of

each year past due and delinquent, shall be certified to the County Auditor as taxes or

assessments on the real estate. Nothing in this division shall be held or construed as in any way

stopping or interfering with the right of the city to levy as taxes or assessments against any

premises affecting any delinquent or past due service charges.

(2) As an alternative to levying a lien, the city may, at its discretion, file suit in a civil

action to collect the amounts as are delinquent and due against the occupant, owner, or user of

the real estate, and shall collect as well all attorney’s fees incurred by the city in filing the civil

action. The attorney’s fees shall be fixed by an order of the court.

(3) In addition to all penalties and costs attributable and chargeable to recording

notices of the lien or filing a civil action, the owner or user of the real estate being serviced by

the treatment works shall be liable for interest upon all unpaid balances at the rate of 10% per

annum.

(Prior Code, § 62-87) (Ord. 235, passed 1987; Am. Ord. 429, passed 4-26-2005)

CHAPTER 51: STORM WATER UTILITY

Section

51.01 Storm water utility and authority

51.02 Purpose

51.03 Administration

51.04 Rates and charges

§ 51.01 STORM WATER UTILITY AND AUTHORITY.

There is hereby established a public utility to be known as the Storm Water Utility for the

City of Park Rapids. The Storm Water Utility shall be operated as a public utility pursuant to the

city code of ordinances and applicable statutes. The revenues shall be subject to provisions of

this section and M.S. § 444.075.

(Ord. 524, passed 5-11-2010)

§ 51.02 PURPOSE.

The purpose of this chapter is to provide a funding mechanism for the following services:

(A) The administration, planning, analysis, installation, operation, maintenance, and

replacement of public drainage systems;

(B) The administration, planning, implementation, and maintenance of storm water Best

Management Practices (BMP’s) to reduce the introduction of sediment and other pollutants into

local water resources; and

as necessary to maintain compliance with local, state, and federal storm water requirements.

(Ord. 524, passed 5-11-2010)

§ 51.03 ADMINISTRATION.

The Storm Water Utility shall be part of the Public Works Department and shall be

administered by the Public Works Director and the City Planner. This chapter shall apply to the

entire City of Park Rapids.

(Ord. 524, passed 5-11-2010)

§ 51.04 RATES AND CHARGES.

In determining charges, the City Council may establish a Storm Water Utility Policy and

Credit Policy to specify application fees, exemptions and exceptions, unit areas, residential

equivalency factors, and unit rates to charge utility users based upon the volume or direct runoff

estimated to be generated by various land uses within the city.

(A) Minimum or maximum fees. The City Council shall establish a per parcel minimum and

maximum monthly fee, and a storm water utility credit application fee, and they shall be listed in

the fee schedule, Chapter 36 of this code.

(B) Estimated charges. If, for any reason, precise information related to the use,

development or area of a premise is not available; then storm water utility charges for such

premise shall be estimated, and billed, based upon information then available to the city.

together with other city utility fees, in accordance with the procedures set forth in § 50.09 of this

code.

(D) Delinquent accounts. Delinquent and unpaid storm water utility fees may be certified to

the County Auditor for collection with real estate taxes during the following year or any year

thereafter in the manner prescribed in § 50.99, pursuant to M.S. § 444.075, Subd. 3.

(E) Appeal. If a property owner believes that the fee charged to a particular property is

incorrect, she/he may request review and re-computation of the fee.

(Ord. 524, passed 5-11-2010)

TITLE VII: TRAFFIC CODE

Chapter

70. TRAFFIC REGULATIONS

71. PARKING REGULATIONS

72. SNOWMOBILES

73. RECREATIONAL VEHICLES

74. BICYCLES, ROLLER BLADES, ROLLER

SKATES, ROLLER SKIS AND SKATEBOARDS

CHAPTER 70: TRAFFIC REGULATIONS

Section

70.01 State highway traffic regulations adopted by reference

70.02 Trucks prohibited on certain streets

70.03 Stop intersections

70.04 Through streets and 1-way streets

70.05 Turning restrictions

70.06 U-turns restricted

70.07 Excessive noise

70.08 Exhibition driving prohibited

70.09 Cruising prohibited

70.10 Motor vehicle noise

§ 70.01 STATE HIGHWAY TRAFFIC REGULATIONS ADOPTED BY REFERENCE.

(A) The Highway Traffic Regulations Act is hereby adopted by reference. The regulatory

provisions of M.S. Chapter 169, as it may be amended from time to time, are hereby adopted as a

traffic

ordinance regulating the use of highways, streets and alleys within the city and are hereby

incorporated in and made a part of this section as completely as if set out in full herein.

(B) The penalty for violation of the provisions of state statutes adopted by reference in this

section shall be identical with the penalty provided for in the statutes for the same offense.

§ 70.02 TRUCKS PROHIBITED ON CERTAIN STREETS.

(A) The City Council by resolution may designate streets on which travel by commercial

vehicles in excess of 10,000 pounds axle weight is prohibited. The Chief of Police shall cause

appropriate signs to be erected on those streets. No person shall operate a commercial vehicle on

posted streets in violation of the restrictions posted.

(B) The weight restrictions established in division (A) shall not apply to city or emergency

vehicles, public school buses or to garbage and refuse trucks making regular collections and are

under contract with the city, nor shall the weight restrictions in division (A) apply if a

commercial vehicle must use the particular street in question for the purpose of local pick-up or

delivery.

Penalty, see § 10.99

§ 70.03 STOP INTERSECTIONS.

The city may designate intersections as a stop intersection and require all vehicles to stop at

1 or more entrances to those intersections. The city shall post signs at those designated

intersections, giving notice of the designation as a stop intersection. It shall be unlawful for any

person to fail to obey the markings or signs posted under this section.

Penalty, see § 10.99

§ 70.04 THROUGH STREETS AND 1-WAY STREETS.

The City Council by resolution may designate any street or portion of a street as a through

street or 1-way street where necessary to preserve the free flow of traffic or to prevent accidents.

No trunk highway shall be so designated unless the consent of the Commissioner of

Transportation to the designation is first secured. The city shall cause appropriate signs to be

posted at the entrance to designated streets. It shall be unlawful for any person to fail to obey the

markings or signs posted under this section.

Penalty, see § 10.99

§ 70.05 TURNING RESTRICTIONS.

(A) (1) The City Council by resolution may, whenever necessary to preserve a free flow of

traffic or to prevent accidents, designate any intersection as one where turning of vehicles to the

left or to the right, or both, is to be restricted at all times or during specified hours. No

intersection on a trunk highway shall be so designated until the consent of the Commissioner of

Transportation to the designation is first obtained.

(2) The city shall mark by appropriate signs any intersection so designated.

(3) No person shall turn a vehicle at any intersection contrary to the direction on those

signs.

(B) Except at intersections, and then only if not posted otherwise, it shall be unlawful for

any person operating a motor vehicle on any street to cross the center of the street for the purpose

of parking on the side of the street opposite the original direction of travel.

drive from a parked position and commence travel in the opposite direction from which the

motor vehicle faced when parked.

Penalty, see § 10.99

§ 70.06 U-TURNS RESTRICTED.

No person shall turn a vehicle so as to reverse its direction on any street in the business

district or at any intersection where traffic is regulated by a traffic control signal.

Penalty, see § 10.99

§ 70.07 EXCESSIVE NOISE.

(A) As used in this section, LIGHT-MOTOR VEHICLES means any automobile, van,

motorcycle, motor-driven cycle, motor scooter, go-cart, minibike, trail bike, or truck with a gross

vehicular weight of less than 10,000 pounds.

(B) It shall be unlawful for any person to operate, or cause to operate, or use a light-motor

vehicle in a manner as to cause, or allow to be caused, excessive noise levels as a result of

unreasonable rapid accelerations, deceleration, revving of engine, squealing of tires, honking of

horns, or as a result of the operation of audio devices including but not limited to radios,

phonograph, tape players, compact disc players or any other sound-amplifying device on or from

the light-motor vehicle.

the noise standards contained in Minn. Rules parts 7030.1050 and 7030.1060, as it may be

amended from time to time.

(D) No person shall operate, or cause to operate, or use a light-motor vehicle that discharges

its exhaust other than through a muffler or other device that effectively prevents loud or

explosive noises. No person shall operate, or cause to operate, or use a light-motor vehicle whose

exhaust system has been modified, altered, or repaired in any way, including the use of a muffler

cut-out or by-pass, that amplifies or otherwise increases noise above that emitted by the light-

motor vehicle as originally equipped.

(E) The following are exempted from the provisions of this section:

(1) Sound emitted from sirens of authorized emergency vehicles;

(2) Burglar alarms on light-motor vehicles of the electronic signaling type which also

transmit an audible signal to a receiver which can be carried by the owner or operator of the

vehicle; and

(3) Celebrations on Halloween and other legal holidays and celebrations in connection

with duly authorized parades.

Penalty, see § 10.99

§ 70.08 EXHIBITION DRIVING PROHIBITED.

No person shall turn, accelerate, decelerate or otherwise operate a motor vehicle within the

city in a manner which causes unnecessary engine noise or backfire, squealing tires, skidding,

sliding, swaying, throwing of sand or gravel, or in a manner simulating a race. Unreasonable

squealing or screeching sounds emitted by tires or the unreasonable throwing of sand or gravel

by the tires is prima facie evidence of a violation of this section.

Penalty, see § 10.99

§ 70.09 CRUISING PROHIBITED.

(A) As used in this section, CRUISING means the operation of a motor vehicle as defined

in M.S. § 169.01, Subd. 3, as it may be amended from time to time, past a traffic control point as

determined by a peace officer on a street in an area designated “No Cruising Zone” by City

Council resolution 4 or more times between the hours of 9:00 p.m. and 3:30 a.m.

(B) The passing of a traffic control point under the conditions previously stated, shall

constitute unnecessary repetitive driving and is a violation of this section.

taxicabs for hire, buses, authorized emergency vehicle, vehicles use used by or under contract

with any governmental jurisdiction, any vehicle being used to conduct legitimate business

activities.

(D) This section may be enforced only in an area that has been posted as a “No Cruising

Zone.” Signs shall be posted at the beginning and the end of any public street, alley or highway,

or portion thereof which is a no cruising zone.

§ 70.10 MOTOR VEHICLE NOISE.

(A) Definitions. For the purposes of this section, the following phrases are defined as

follows:

ABNORMAL OR EXCESSIVE NOISE.

(a) Distinct and loudly audible noise that unreasonably annoys, disturbs, injures,

or endangers the comfort and repose of any person or precludes their enjoyment of property or

affects their property's value;

(b) Noise in excess of that permitted by M.S. § 169.69, as it may be amended from

time to time, which requires every motor vehicle to be equipped with a muffler in good working

order; or

7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time,

which establish motor vehicle noise standards.

ENGINE-RETARDING BRAKE. A dynamic brake, jake brake, Jacobs brake, C-

brake, Paccar brake, transmission brake or other similar engine-retarding brake system which

alters the normal compression of the engine and subsequently releases that compression.

(B) It shall be unlawful for any person to discharge the exhaust or permit the discharge of

the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal

or excessive noise and complies with all applicable state laws and regulations.

brake on any public highway, street, parking lot or alley within the city which causes abnormal

or excessive noise from the engine because of an illegally modified or defective exhaust system,

except in an emergency.

(D) Minnesota Statutes §§ 169.69 and 169.693 (motor vehicle noise limits) and Minn. Rules

parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to

time, are hereby adopted by reference.

(E) Signs stating “VEHICLE NOISE LAWS ENFORCED” may be installed at locations

deemed appropriate by the City Council to advise motorists of the prohibitions contained in this

section, except that no sign stating “VEHICLE NOISE LAWS ENFORCED” shall be installed

on a state highway without a permit from the Minnesota Department of Transportation. The

provisions of this section are in full force and effect even if no signs are installed.

CHAPTER 70: TRAFFIC REGULATIONS CHAPTER 70:

TRAFFIC CHAPTER 71: PARKING REGULATIONS

Section

71.01 No parking where posted

71.02 Limited parking

71.03 Other parking restrictions

71.04 Declaration of snow emergency; parking prohibited

71.05 Parking certain semi-trailers or tractors on public streets prohibited

71.06 Overnight parking

71.07 Repairing of vehicles

71.08 Prohibiting parking areas in front yards in residential zones

71.09 Impoundment

71.10 Prima facie violation

Cross-reference:

Abandoned vehicles, see Chapter 97

§ 71.01 NO PARKING WHERE POSTED.

No person shall stop, stand or park a vehicle upon the public streets of the city at any place

where official signs or where appropriate devices, marks, or painting, either upon the surface of

the street or the curb immediately adjacent thereto, prohibit these acts.

Penalty, see § 10.99

§ 71.02 LIMITED PARKING.

No person shall stop, stand or park a vehicle upon the public streets of the city where official

signs are erected limiting the parking time thereon, for a period of time in excess of the time as

designated by the official signs.

Penalty, see § 10.99

§ 71.03 OTHER PARKING RESTRICTIONS.

(A) The City Council may by resolution order the placing of signs, devices or marks, or the

painting of streets or curbs prohibiting or restricting the stopping, standing or parking of vehicles

on any street where, in its opinion, as evidenced by a finding in its official minutes, the stopping,

standing or

parking is dangerous to those using the highway, or where the stopping, standing or parking of

vehicles would unduly interfere with the free movement of traffic. The signs, devices, marks or

painting shall

be official signs, devices, marks or painting, and no person shall stop, stand or park any vehicle

in violation of the restrictions thereon or as indicated thereby.

(B) “No parking” signs may be placed by city employees on any street of the city to permit

construction, repair, snow removal, street cleaning or similar temporary activities. While the

signs are in place, it shall be unlawful to park any vehicle on the streets or portion thereof so

posted.

posted as a fire lane.

(D) It shall be unlawful for a person to park a vehicle or permit it to stand, whether attended

or unattended, on an alley within the city, provided that this does not prohibit the parking of

vehicles for less than 1 hour on an alley for the purpose of access to abutting property for loading

or unloading merchandise or other material when parking on the property itself is not available.

(E) It shall be unlawful for a person to park a motor vehicle in an area designated by posted

signs pursuant to Council resolution for certain types of vehicles, unless the motor vehicle is 1 of

the types of vehicles specifically permitted.

(F) Every vehicle parked upon any street with a curb shall be parked parallel to the curb,

unless angle parking is designated by appropriate signs or markings. On streets with a curb, the

right-hand wheels of any vehicle parked shall be within 1 foot of the curb. On streets without a

curb, the vehicle shall be parked to the right of the main traveled portion of the street and parallel

to it and in such a manner as not to interfere with the free flow of traffic, unless angle parking is

designated by appropriate signs or markings.

Penalty, see § 10.99

§ 71.04 DECLARATION OF SNOW EMERGENCY; PARKING PROHIBITED.

(A) The Mayor, Police Chief or other designated official may declare a snow emergency in

the city. The emergency shall continue in effect for a period of 24 hours or until the snow has

been removed from the city's streets or until the snow emergency has been rescinded by action of

the Mayor, Police Chief or other designated officer.

(B) Notice of the declaration of a snow emergency shall be given by notifying the local

news media; however, the notification shall be a service aid only and not a duty on the part of the

officials.

or public way in the city.

(D) During a declared snow emergency, any police officer who finds a motor vehicle in

violation of this section shall attempt to contact the owner of the motor vehicle and require the

owner to immediately move the motor vehicle so as not to be in violation of this section. If the

owner does not

immediately remove the motor vehicle or the owner cannot be located, the police officer is

authorized to have the motor vehicle removed at the owner's expense.

Penalty, see § 10.99

§ 71.05 PARKING CERTAIN SEMI-TRAILERS OR TRACTORS ON PUBLIC

STREETS PROHIBITED.

No person shall park a semi-tractor or trailer, or any truck rated with a gross vehicle weight

in excess of 10,000 pounds, in any area of the city zoned for residential use or other area

designated by City Council resolution except when the vehicle is parked in a completely

enclosed garage.

Penalty, see § 10.99

§ 71.06 OVERNIGHT PARKING.

The following vehicles shall not be allowed to park on city streets overnight: repair,

delivery, rented vehicles with commercial plates and refuse and recycling haulers or any other

vehicle not registered as a passenger vehicle.

Penalty, see § 10.99

§ 71.07 REPAIRING OF VEHICLES.

Minor repairs and tune-ups, such as replacement of spark plugs, spark plug wires,

thermostat, radiator or heater hoses, oil changes and brake jobs shall be permitted on city streets;

provided, that they can be accomplished within the same day and completed by 10:00 p.m. All

other repairs shall be considered major repairs and shall not be permitted on any city street,

unless the repairs are made within an enclosed structure allowed within the zoning district.

Damage to city streets because of repairs or lack of repairs shall be charged to the person

responsible for the damage to the city streets.

§ 71.08 PROHIBITING PARKING AREAS IN FRONT YARDS IN RESIDENTIAL

ZONES.

(A) The construction, operation or maintaining a parking area, either paved or unpaved, in

the front yard of any lot is prohibited in any area zoned for residential use. For the purpose of

this section, front yard shall mean and include that area between the sidewalk, or street line in the

event there is no sidewalk, and the front line of the principal building, extending in both

directions to the side lot lines.

(B) Use of that portion of a vacant lot within 30 feet of the sidewalk lines for parking in an

area zoned for residential use is prohibited.

front or side lot line. Where more than 1 driveway is desired or required, they shall be at least 70

feet apart.

(D) The front part of any lot shall not be used for the parking of an automobile, truck,

trailer, tractor, recreational vehicle, camper, travel trailer, camper top, tent, wagon, boat, boat

trailer, storage area or motor home.

(E) No person, being the owner or having control of any building, shall violate or fail to

conform to any provision of this section, or fail to obey any lawful order of an officer charged

with its enforcement. Each and every day on which any person continues to violate the

provisions of this section, after having been notified of the violation, shall constitute a separate

offense. This conviction shall not relieve any person from thereafter complying with the

provisions of this section, and shall be sufficient cause to refuse further building or land use

permits to the offender until a time as the orders have been complied with.

Penalty, see § 10.99

§ 71.09 IMPOUNDMENT.

Any police officer may order the removal of a vehicle from a street to a garage or other

place of safety when the vehicle is left unattended and constitutes an obstruction to traffic or

hinders snow removal, street improvements or maintenance operations. The vehicle shall not be

released until the fees for towing and storage are paid in addition to any fine imposed for

violation of this chapter.

§ 71.10 PRIMA FACIE VIOLATIONS.

The presence of any motor vehicle on any street when standing or parked in violation of this

chapter is prima facie evidence that the registered owner of the vehicle committed or authorized

the commission of the violation.

CHAPTER 72: SNOWMOBILES

Section

72.01 Intent

72.02 Definitions

72.03 Application of traffic ordinances

72.04 Restrictions

72.05 Stopping and yielding

72.06 Persons under 18

72.07 Equipment

72.08 Unattended snowmobiles

72.09 Emergency operation permitted

§ 72.01 INTENT.

It is the intent of this chapter to supplement M.S. §§ 84.81 to 84.91, and M.S. Ch. 169, as

these statutes may be amended from time to time and Minn. Rules parts 6100.5000 through

6100.6000, as these rules may be amended from time to time, with respect to the operation of

snowmobiles. These statutes and rules are incorporated herein by reference. This section is not

intended to allow what the state statutes and rules prohibit, nor to prohibit what the state statutes

and rules allow.

§ 72.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

DEADMAN THROTTLE or SAFETY THROTTLE. A device which, when pressure is

removed from the engine accelerator or throttle, causes the motor to be disengaged from the

driving mechanism.

OPERATE. To ride in or on and control the operation of a snowmobile.

OPERATOR. Every person who operates or is in actual physical control of a snowmobile.

OWNER. A person, other than a lien holder having the property in or title to a snowmobile,

or entitled to the use or possession thereof.

PERSON. Includes an individual, partnership, corporation, the state and its agencies and

subdivision, and any body of persons, whether incorporated or not.

RIGHT-OF-WAY. The entire strip of land traversed by a highway or street in which the

public owns the fee or an easement for roadway purposes.

ROADWAY. That portion of a highway or street improved, designed or ordinarily used for

vehicular travel.

SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice, steered by

skis or runners.

STREET. A public thoroughfare, roadway, alley or trail used for motor vehicular traffic

which is not an interstate, trunk, county-state aid, or county highway.

§ 72.03 APPLICATION OF TRAFFIC ORDINANCES.

The provisions of Ch. 70 of this code shall apply to the operation of snowmobiles upon

streets and highways, except for those relating to required equipment, and except those which by

their nature have no application.

Penalty, see § 10.99

§ 72.04 RESTRICTIONS.

(A) It is unlawful for any person to enter, operate or stop a snowmobile within the limits of

the city:

(1) On the roadway of any street, except the most right hand lane then available for

traffic or as close as practicable to right hand curb or edge of the roadway, except when

overtaking and passing another vehicle stopped in the lane or proceeding in the same direction,

or in making a left turn. Snowmobiles may also be operated upon the outside slope of trunk,

county-state aid and county highways where the highways are so configured within the corporate

limits.

(2) On a public sidewalk provided for pedestrian travel.

(3) On boulevards within any public right-of-way.

(4) On private property of another without specific permission of the owner or person

in control of the property.

(5) Upon any school grounds, except as permission is expressly obtained from

responsible school authorities.

(6) On public property, playgrounds and recreation areas, except areas previously listed

or authorized for the use by resolution of the City Council, in which case the use shall be lawful,

and snowmobiles may be driven in and out of those areas by the shortest route.

(7) On streets as permitted by this chapter at a speed exceeding 10 miles per hour.

(8) During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:01

a.m. to 8:00 a.m. on other days closer than 100 feet from any residence. This provision is not

intended to prohibit snowmobiles from operating on city streets during the hours specified

herein.

(B) It is unlawful for any person to operate a snowmobile within the limits of the city:

(1) So as to tow any person or thing in a public street or highway except through use of

a rigid tow bar attached to the rear of the snowmobile; provided, that a disabled snowmobile may

be towed to a private residence or a place of business where snowmobiles are repaired without

the use of a rigid tow bar.

(2) Within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the

operation would conflict with use or endanger other persons or operation.

(3) To intentionally drive, chase, run over or kill any animal.

Penalty, see § 10.99

§ 72.05 STOPPING AND YIELDING.

No snowmobile shall enter any uncontrolled intersection without making a complete stop.

The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection,

or so close to the intersection as to constitute an immediate hazard.

Penalty, see § 10.99

§ 72.06 PERSONS UNDER 18.

(A) No person under 14 years of age shall operate on streets or make a direct crossing of a

city street as the operator of a snowmobile. A person 14 years of age or older, but less than 18

years of age, may operate a snowmobile on streets as permitted under this chapter and make a

direct crossing of those streets only if he or she has in his or her immediate possession a valid

snowmobile safety certificate issued pursuant to M.S. § 84.872, as it may be amended from time

to time.

(B) It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated

contrary to the provision of this section.

Penalty, see § 10.99

§ 72.07 EQUIPMENT.

It is unlawful for any person to operate a snowmobile any place within the limits of the city

unless it is equipped with the following:

(A) Standard mufflers which are properly attached and which reduce the noise of operation

of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-

pass straight pipe or similar device on a snowmobile motor.

(B) Brakes adequate to control the movement of and to stop and hold the snowmobile under

any condition of operation.

(D) When operated between the hours of one-half hour after sunset to one-half hour before

sunrise, or at times of reduced visibility, at least 1 clear lamp attached to the front, with sufficient

intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of

darkness under normal atmospheric conditions. The head lamp shall be so aimed that glaring

rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be

equipped with at least 1 red light plainly visible from a distance of 500 feet to the rear during

hours of darkness under normal atmospheric conditions.

(E) Snowmobiles shall fly a pennant flag or red or blaze material, of a size not less than 12

inches by 9 inches, at a height of not less than 6 feet from ground level at any time when the

vehicle is operated on public streets.

(F) Reflective material at least 16 square inches on each side, forward of the handlebars and

at the highest practical point on any towed object, so as to reflect lights at a 90 degree angle.

Penalty, see § 10.99

§ 72.08 UNATTENDED SNOWMOBILES.

Every person leaving a snowmobile on a public place shall lock the ignition, remove the key

and take the same with him or her.

Penalty, see § 10.99

§ 72.09 EMERGENCY OPERATION PERMITTED.

Notwithstanding any prohibitions in this chapter, a snowmobile may be operated on a public

thoroughfare in an emergency during the period of time and at locations where snow upon the

roadway renders travel by automobile impractical.

CHAPTER 70: TRAFFIC REGULATIONS CHAPTER 70: TRAFFIC REGULATIONS

CHAPTER 73: RECREATIONAL VEHICLES

Section

73.01 Purpose and intent

73.02 Definition

73.03 Operation requirements

73.04 Street crossings

73.05 Hours of operation

73.06 Minimum equipment requirements

73.07 Designation of public areas for use

73.08 Motorized golf carts

§ 73.01 PURPOSE AND INTENT.

(A) (1) The purpose of this chapter is to provide reasonable regulations for the use of

recreational motor vehicles on public and private property in the city.

(2) This chapter is not intended to allow what the Minnesota Statutes prohibit nor to

prohibit what the Minnesota Statutes expressly allow.

(B) It is intended to ensure the public safety and prevent a public nuisance.

§ 73.02 DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context

clearly indicates or requires a different meaning.

RECREATIONAL MOTOR VEHICLE. Any self-propelled vehicle and any vehicle

propelled or drawn by a self-propelled vehicle used for recreational purposes including, but not

limited to trail bike, off-highway motorcycle, as defined by M.S. § 84.787, Subd. 7, as it may be

amended from time to time, or other all-terrain vehicle as defined by M.S. § 84.92, Subd. 8, it

may be amended from time to time, motorized go-carts, hovercraft or motor vehicle licensed for

highway operation which is being used for off-road recreational purposes.

§ 73.03 OPERATION REQUIREMENTS.

It is unlawful for any person to operate a recreational motor vehicle:

(A) On private property of another without specific written permission of the owner of the

property; (Written permission may be given by a posted notice of any kind or description, so

long as it specifies the kind of vehicles allowed, that the owner, occupant or lessee prefers, such

as by saying “Recreational Vehicles Allowed,” “Trail Bikes Allowed,” “All-Terrain Vehicles

Allowed” or words substantially similar.)

(B) On publicly-owned land, including school, park property, playgrounds, recreation areas

and golf courses, except where permitted by this chapter;

or interferes with the peace and quiet of other persons;

(D) On a public sidewalk or walkway provided or used for pedestrian travel;

(E) At a place while under the influence of intoxicating liquor or narcotics or habit-forming

drugs;

(F) At a rate of speed greater than reasonable or proper under all the surrounding

circumstances;

(G) At any place in a careless, reckless or negligent manner so as to endanger or be likely to

endanger any person or property or to cause injury or damage thereto;

(H) On any public street, highway or right-of-way unless licensed pursuant to Minnesota

law;

(I) To intentionally drive, chase, run over or kill any animal, wild or domestic;

(J) By halting any recreational motor vehicle carelessly or heedlessly in disregard of the

rights or the safety of others or in a manner so as to endanger or be likely to endanger any person

or property or in excess of 25 miles per hour on publicly-owned lands; and/or

(K) Within 150 yards of any public recreational area or gathering of people. This provision

does not apply to the occasional use of recreational motor vehicles on private property for the

purpose of loading or unloading it from a trailer or for mechanically checking it.

Penalty, see § 10.99

§ 73.04 STREET CROSSINGS.

No person under 14 years of age operating the vehicles regulated herein shall make a direct

crossing of any street, highway or public right-of-way.

Penalty, see § 10.99

§ 73.05 HOURS OF OPERATION.

Hours for use are 8:00 a.m. to 10:00 p.m.

Penalty, see § 10.99

§ 73.06 MINIMUM EQUIPMENT REQUIREMENTS.

(A) Standard mufflers shall be properly attached and in constant operation to reduce the

noise of operation of the motor to the minimum necessary for operation. No person shall use a

muffler cutout, by-pass, straight pipe or similar device on a recreational motor vehicle motor.

The exhaust system shall not emit or produce a sharp popping or crackling sound.

(B) Brakes shall be adequate to control the movement of and to stop and hold under any

conditions of operation.

persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under

normal atmospheric conditions. The head lamp shall be so that glaring rays are not projected into

the eyes of an oncoming vehicle operator. It shall also be equipped with at least 1 red tail lamp

having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a

distance of 500 feet to the rear during the hours of darkness under normal atmospheric

conditions. This equipment shall be required and shall be in operating condition when the

vehicle is operated between the hours of one-half hour after sunset and one-half hour before

sunrise, or at times of reduced visibility.

Penalty, see § 10.99

§ 73.07 DESIGNATION OF PUBLIC AREAS FOR USE.

(A) The Council may designate areas for use of recreational motor vehicles by approval of a

majority of the members of the City Council. The areas designated may be changed from time to

time by the City Council. Any area designated shall be published in the official newspaper of the

city in a conspicuous place after the approval. If an area is changed, the change shall be

published in like manner in the official newspaper of the city. An up-to-date map of any

designated park areas open for recreational motor vehicle use shall be kept on file in the office of

the City Clerk, who shall provide on request a copy of the map together with the applicable rules,

regulations and this chapter to each person requesting the information from the city.

(B) Unless designated by the City Council as an area for recreational motor vehicles, the

use on city park property shall be unlawful. Further, the use of city parks designated by the City

Council shall be in accordance with all of the applicable provisions of this chapter.

Penalty, see § 10.99

§ 73.08 MOTORIZED GOLF CARTS.

(A) (1) No person shall operate a motorized golf cart on streets, alleys, sidewalks or other

public property without obtaining a permit as provided herein.

(2) Every application for a permit shall be made on a form supplied by the city and

shall contain the following information:

(a) The name and address of the applicant;

(b) The nature of the applicant's physical handicap, if any;

(d) Current driver's license or reason for not having a current license; and

(e) Other information as the city may require.

(3) The annual permit fee shall be as set forth in the fee schedule ordinance, as that

ordinance may be amended from time to time.

(4) Permits shall be granted for a period of 1 year and may be renewed annually

January 1 to December 31.

(5) No permit shall be granted or renewed unless the following conditions are met:

(a) The applicant must demonstrate that he or she currently holds or has held a

valid Minnesota driver's license;

(b) The applicant may be required to submit a certificate signed by a physician that

the applicant is able to safely operate a motorized golf cart on the roadways designated;

provisions of Minnesota Statutes concerning insurance coverage for the golf cart;

(d) The applicant has not had his or her driver's license revoked as the result of

criminal proceedings.

(6) Motorized golf carts are permitted to operate only on city streets, not state or

federal highways, except to cross at designated intersections.

(7) Motorized golf carts may only be operated on designated roadways from sunrise to

sunset. They shall not be operated in inclement weather conditions or at any time when there is

insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.

(8) Motorized golf carts shall display the slow-moving vehicle emblem provided for in

M.S. § 169.522, as it may be amended from time to time, when operated on designated

roadways.

(9) Motorized golf carts shall be equipped with a wing-style rear view mirror to

provide the driver with adequate vision from behind.

(10) The operator of a motorized golf cart may cross any street or highway intersecting a

designated roadway.

(11) Every person operating a motorized golf cart under permit on designated roadways

has all the rights and duties applicable to the driver of any other vehicle under the provisions of

M.S. Ch. 169, as it may be amended from time to time, except when these provisions cannot

reasonably be applied to motorized golf carts and except as otherwise specifically provided in

M.S. § 169.045(7), as it may be amended from time to time.

(12) The City Council may suspend or revoke a permit granted hereunder upon a finding

that the holder thereof has violated any of the provisions of this section or M.S. Ch. 169, as it

may be amended from time to time, or if there is evidence that the permit holder cannot safely

operate the motorized golf cart on the designated roadways.

(13) The number of occupants in the golf cart may not exceed the design occupant load.

(B) For the purpose of this section, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

DRIVER. The person driving and having physical control over the motorized golf cart and

being the licensee.

MOTORIZED GOLF CART. Any passenger conveyance being driven with 4 wheels with

4 low pressure tires that is limited in engine displacement of less than 800 cubic centimeters and

total dry weight less than 800 pounds.

CHAPTER 74: BICYCLES, ROLLER BLADES, ROLLER SKATES,

ROLLER SKIS AND SKATEBOARDS

Section

Bicycles

74.01 Definition

74.02 Traffic laws apply

74.03 Manner and number riding

74.04 Hitching rides

74.05 Where to ride

74.06 Right-of-way; sidewalks

74.07 Carrying articles

74.08 Lighting and brake equipment

74.09 Sale with reflectors

74.10 Riding on sidewalks in business district

Roller Blades, Roller Skates, Roller Skis and Skateboards

74.25 Definitions

74.26 Unlawful acts

74.27 Right-of-way

74.28 Hours of use

74.99 Violations

BICYCLES

§ 74.01 DEFINITION.

For the purpose of this subchapter, the following definition shall apply unless the context

clearly indicates or requires a different meaning.

BICYCLE. Every device propelled solely by human power upon which any person may

ride, having 2 tandem wheels, except scooters and similar devices, and including any device

generally recognized as a BICYCLE though equipped with 2 front or rear wheels.

§ 74.02 TRAFFIC LAWS APPLY.

Every person riding a bicycle on a street or upon any path set aside for the exclusive use of

bicycles shall be granted all of the rights and shall be subject to all of the duties applicable to the

driver of a vehicle by this title, except as to special regulations in this chapter and except as to

those provisions of this chapter which by their nature can have no application.

§ 74.03 MANNER AND NUMBER RIDING.

(A) It is unlawful for any person propelling a bicycle to ride other than upon or astride a

permanent and regular seat attached thereto.

(B) No bicycle shall be used to carry more persons at 1 time than the number for which it is

designed and equipped, except on a baby seat attached to the bicycle, provided that the seat is

equipped with a harness to hold the child securely in the seat and that protection is provided

against the child's feet hitting the spokes of the wheel, or in a seat attached to the bicycle

operator.

Penalty, see § 74.99

§ 74.04 HITCHING RIDES.

It is unlawful for any person riding upon any bicycle, coaster, roller skates, roller blades,

skate board, sled, or toy vehicle to attach the same or themselves to any vehicle upon a street.

Penalty, see § 74.99

§ 74.05 WHERE TO RIDE.

(A) Every person operating a bicycle upon a street shall ride as near to the right side of the

street as practicable, exercising due care when passing a standing vehicle or 1 proceeding in the

same direction.

(B) Persons riding bicycles upon a street shall not ride more than 2 abreast except on paths

or parts of streets set aside for the exclusive use of bicycles.

Penalty, see § 74.99

§ 74.06 RIGHT-OF-WAY; SIDEWALKS.

Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right-of-

way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian.

Penalty, see § 74.99

§ 74.07 CARRYING ARTICLES.

It is unlawful for any person operating a bicycle to carry any package, bundle, or article

which prevents the driver from keeping at least 1 hand upon the handlebars.

Penalty, see § 74.99

§ 74.08 LIGHTING AND BRAKE EQUIPMENT.

(A) Every bicycle, when in use at night time, shall be equipped with, or its operator shall

carry a lamp on the front which shall emit a white light visible from a distance of at least 500 feet

to the front, and with a red reflector on the rear of a type approved by the Department of Public

Safety which is visible from all distances from 100 feet to 600 feet to the rear when directly in

front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light

visible from a distance of 500 feet to the rear may be used in addition to the red reflector. No

person may, at any other time when there is not sufficient light to render clearly discernible

persons and vehicles on the highway at a distance of 500 feet ahead, operate a bicycle unless the

bicycle or its operator is equipped with reflective surfaces that shall be visible during the hours

of darkness from 600 feet when viewed in front of lawful lower beams of headlamps on a motor

vehicle. The reflective surfaces shall include reflective materials on each side of each pedal to

indicate their presence from the front or the rear and with a minimum of 20 square inches on

each side of the bicycle or its operator of white reflective material. All reflective materials used

in compliance with this section shall meet the requirements as prescribed by the Commissioner

of Public Safety.

(B) Every bicycle shall be equipped with a brake which will enable the operator to make the

braked wheels skid on dry, level, clean pavement.

Penalty, see § 74.99

§ 74.09 SALE WITH REFLECTORS.

It is unlawful for any person to sell or offer for sale any new bicycle unless it is equipped

with such reflectors as are prescribed in § 74.08.

Penalty, see § 74.99

§ 74.10 RIDING ON SIDEWALKS IN BUSINESS DISTRICT.

No person shall ride a bicycle on any sidewalk in the business district of the city. The

business district shall consist of those sidewalks within an area bounded on the north by First

Street, on the east by Park Avenue, on the south by Fourth Street and on the west by Pleasant

Avenue.

(Prior Code, § 54-81) Penalty, see § 72.99

§ 74.25 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning:

BUSINESS DISTRICT. That part of the city so designated by council resolution.

OPERATE. To ride on or upon or control the operation of roller blades, roller skates, or a

skateboard.

OPERATOR. Every person who operates or is in actual physical control of roller blades,

roller skates, or a skateboard.

ROLLER BLADES/ROLLER SKATES. A shoe with wheels attached or a device with

wheels

which is designed to be attached to a shoe.

ROLLER SKIS. A pair of skis platformed with wheels attached which is intended to

simulate skiing.

SKATEBOARD. A device for riding-upon, usually while standing, consisting of an oblong

piece of wood, or of other composition, mounted on skate wheels.

§ 74.26 UNLAWFUL ACTS.

(A) It is unlawful for any person to operate roller blades, roller skates, roller skis or a

skateboard under the circumstances set forth hereafter:

(1) On any public sidewalk, street, or public parking lot within the Business District;

(2) On private property of another without the express permission to do so by the

owner or occupant of the property; or

(3) In any careless, reckless, or negligent manner so as to endanger or be likely to

endanger the safety of any person or property of any other person.

(B) It is unlawful for any person operating roller blades, roller skates, roller skis or a

skateboard to attach the same, or the person of the operator, to any vehicle upon a street.

street shall ride as close as possible to the right-hand curb or edge of the street.

(D) Every person operating roller blades, roller skates, roller skis or a skateboard upon a

street shall observe the same rules of the road as required of bicycles, pursuant to M.S. §

169.222.

Penalty, see § 74.99

§ 74.27 RIGHT-OF-WAY.

The operator of roller blades, roller skates, roller skis or a skateboard emerging from any

alley, driveway, or building, upon approaching a sidewalk or the sidewalk area extending across

any alleyway, shall yield the right-of-way to all pedestrians approaching on the sidewalk or

sidewalk area and upon entering the street shall yield the right-of-way to all vehicles approaching

on the street.

Penalty, see § 74.99

§ 74.28 HOURS OF USE.

It is unlawful for any person to use roller blades, roller skates, roller skis or a skateboard

upon a public street, sidewalk, or other roadway from 10:00 p.m. to 6:00 a.m., except on private

property with express permission of owner, and except if the roller blades, roller skates, roller

skis, skateboard or operator are equipped with reflective surfaces that shall be visible during the

hours of darkness from 600 feet when viewed in front of lawful lower beams of head lamps on a

motor vehicle. The reflective material shall be a minimum of 40 square inches. All reflective

materials used in compliance with this section shall meet the requirements as prescribed by the

Commissioner of Public Safety.

Penalty, see § 74.99

§ 74.99 VIOLATIONS.

A person apprehended by a peace officer in violation of the provisions of this chapter does,

by his or her use of the public sidewalks, streets, and public parking lots, consent to the

impoundment by a police officer of the roller blades, roller skates, roller skis or skateboard for a

period of 3 days upon a first offense, a week upon the second offense and 30 days upon a third or

additional offense. Any operator aggrieved by the impoundment of his or her roller blades, roller

skates roller skis or skateboard may petition the Council for a hearing thereon at the next regular

Council meeting following the impoundment. This provision is in addition to the provisions for

fines and penalties as set forth in § 10.99.

TITLE IX: GENERAL REGULATIONS

Chapter

90. ANIMALS

91. ALCOHOLIC BEVERAGES

92. NUISANCES

93. ENVIRONMENT

94. STREETS, SIDEWALKS, AND OTHER PUBLIC

PLACES

95. RIGHT-OF-WAY MANAGEMENT

96.

PUBLIC PROPERTY/FACILITIES

REGULATIONS

97. ABANDONED PROPERTY

CHAPTER 90: ANIMALS

Section

General Provisions

90.001 Definitions

Dogs and Cats

90.015 Registration and licensing requirements

90.016 License tag and fees

90.017 Rabies inoculation

90.018 Terms of license

90.019 New residents in the city

90.020 Running at large

90.021 Dog and cat nuisances

90.022 Confinement of certain animals

90.023 Impoundment and redemption procedures

Other Animals

90.040 General prohibition

90.041 Animals at large

90.042 Non-domestic or exotic animals

Humane Treatment

90.055 Improper care

90.056 Cruelty to animals

Dangerous Dogs

90.065 Registration of dangerous dogs

90.066 Dangerous dog designation review

90.067 Exemptions

90.068 Tag

4 Park Rapids - General Regulations

Destruction and Confiscation

90.080 Quarantine of certain dogs and cats

90.081 Confiscation of dangerous dogs

90.082 Safety emergencies

90.083 Provision of reclamation

90.084 Subsequent offenses

90.085 Destruction of certain dogs and cats

90.086 Destruction of animals in certain circumstances

90.999 Penalty

GENERAL PROVISIONS

§ 90.001 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ANIMAL CONTROL AUTHORITY. An agency of the state, county, municipality, or other

governmental subdivision of the state which is responsible for animal control operations within

its jurisdiction. The Park Rapids Police Department shall be designated as the animal control

authority for the City of Park Rapids.

AT LARGE. Off the premises of the owner and not under the control of the owner or a

member of his or her immediate family, either by leash or otherwise.

CAT. All cats over 4 months of age.

DANGEROUS DOG. Any dog that has without provocation, inflicted substantial bodily

harm on a human being on public or private property, killed a domestic animal without

provocation while off the owner's property, or been found to be potentially dangerous, and after

the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or

endangers the safety of humans or domestic animals.

DOG. All dogs over 4 months of age.

GREAT BODILY HARM. Bodily injury which involves a temporary but substantial

disfigurement, or which causes a temporary but substantial loss or impairment of the function of

any bodily member or organ, or which causes a fracture of any bodily member.

NON-DOMESTIC OR EXOTIC ANIMAL. Any wild animal, reptile, or fowl which is not

naturally tame or gentle but is of a wild disposition or which, because of its size, vicious nature

or other characteristics would constitute a danger to human health, safety or property.

OWNER. Any person, firm, corporation, organization, or department possessing, harboring,

keeping, having an interest in, or having care, custody, or control of a dog or cat.

POTENTIALLY DANGEROUS DOG. Any dog that when unprovoked, inflicts bites on a

human or domestic animal on public or private property, when unprovoked, chases or

approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public

or private property, other than the dog owner's property, in an apparent attitude of attack, or has a

known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise

threatening the safety of humans or domestic animals.

PROPER ENCLOSURE. Securely confined indoors or in a securely enclosed and locked

pen or structure suitable to prevent the animal from escaping and providing protection from the

elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house,

garage, or other structure that would allow the dog to exit of its own volition, or any house or

structure in which windows are open or in which doors or window screens are the only obstacles

that prevent the dog from exiting.

RESTRAIN. The animal is on the premises of the person harboring or keeping the animal

or that the animal is effectively restrained by a leash, chain, or electronic control device is within

10 feet of the person having custody of it and is obedient to the command of that person.

SUBSTANTIAL BODILY HARM. Physical pain or injury, illness, or any impairment of

physical condition.

(Prior Code, § 10-1) (Ord. 455, passed 2-28-2006)

DOGS AND CATS

§ 90.015 REGISTRATION AND LICENSING REQUIREMENTS.

Every person who owns a dog or cat shall cause the animal to be registered and licensed as

hereafter provided.

(Prior Code, § 10-26) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

6 Park Rapids - General Regulations

§ 90.016 LICENSE TAG AND FEES.

All dogs and cats kept in this city shall be registered in the office of the City Clerk. The

owner shall obtain a license and a tag for each animal and pay for a fee as the City Council may,

by ordinance, adopt. The tag should be attached to the collar of the animal. If the tag is lost or

stolen, the owner shall receive a duplicate license and tag upon payment to the City Clerk, a fee,

as provided. The animal tags are not transferable and no refunds shall be made on any license

because of leaving the city before expiration of the license period.

(Prior Code, § 10-27) (Ord. 455, passed 2-28-2006; Am. Ord. 458, passed 4-25-2006) Penalty,

see § 90.999

§ 90.017 RABIES INOCULATION.

No license shall be issued for a dog or a cat unless the owner shall show written evidence

that the animal has been inoculated for the prevention of rabies within the past 2 years.

(Prior Code, § 10-28) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.018 TERMS OF LICENSE.

The license period shall be for the whole or unexpired portion of the year ending on the

ensuing December 31.

(Prior Code, § 10-29) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.019 NEW RESIDENTS IN THE CITY.

Any person who moves into and becomes a resident of the city and who owns a dog or cat

within the city shall cause the same to be registered and licensed as provided herein within a

period of not more than 30 days after becoming a resident of the city.

(Prior Code, § 10-30) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.020 RUNNING AT LARGE.

(A) It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog

or cat, to run at large.

(B) A person, who owns, harbors, or keeps a dog or cat which runs at large shall be guilty

of a misdemeanor.

Animals 7

by and under the control and direction of a responsible person, so as to be effectively restrained

by command as by leash, shall be permitted in streets or on public land unless the city has posted

an area with signs reading “Dogs or Cats Prohibited.”

(Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.021 DOG AND CAT NUISANCES.

(A) It shall be unlawful for any owner to fail to exercise proper care and control of his

or her animal to prevent them from becoming a public nuisance.

(B) It shall be considered a nuisance for any animal to bark or cry excessively; to

molest, annoy, or bite any person if the person is not on the property of the owner or custodian of

the animal; or to damage, defile, or destroy public or private property.

committing a nuisance is a violation of the chapter.

(Prior Code, § 10-43) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.022 CONFINEMENT OF CERTAIN ANIMALS.

Every dog or cat in heat shall be confined in a building or other secure enclosure, in a

manner that it cannot come into contact with another dog or cat except for planned breeding.

(Prior Code, § 10-44) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.023 IMPOUNDMENT AND REDEMPTION PROCEDURES.

The city will abide by rules and regulations set up by any shelter operated under the

auspices of the Humane Society.

(Prior Code, § 10-45) (Ord. 455, passed 2-28-2006)

OTHER ANIMALS

§ 90.040 GENERAL PROHIBITION.

It shall be unlawful for any person to keep or harbor any cattle, sheep, goats, swine, or

poultry within the platted area of the city except in areas zoned agricultural.

(Prior Code, § 10-55) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.041 ANIMALS AT LARGE.

No person shall permit any horse, mule, donkey, or pony of which he or she is the owner,

caretaker, or custodian to be at large when it is off the premises owned or rented by the owner

and not under his or her individual restraint.

(Prior Code, § 10-56) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.042 NON-DOMESTIC OR EXOTIC ANIMALS.

It is unlawful for any person to keep, maintain or harbor animals as theretofore described.

(Prior Code, § 10-57) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

HUMANE TREATMENT

§ 90.055 IMPROPER CARE.

It shall be unlawful for any owner to fail to provide animals with sufficient good and

wholesome food and water, proper shelter and protection from weather, veterinary care when

needed to prevent suffering, and with humane care and treatment.

(Prior Code, § 10-65) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.056 CRUELTY TO ANIMALS.

It shall be unlawful for any owner to beat, cruelly ill-treat, torment, or otherwise abuse any

animal.

(Prior Code, § 10-66) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

DANGEROUS DOGS

§ 90.065 REGISTRATION OF DANGEROUS DOGS.

No person may own a dangerous dog in this jurisdiction unless the dog is registered as

provided in this section. The animal control authority shall issue a certificate of registration to

the owner of a dangerous dog if the owner presents sufficient evidence that:

(A) A proper enclosure exists for the dangerous dog and a posting on the premises

with a clearly visible warning sign, including a warning symbol to inform children, that there is a

dangerous dog on the property.

(B) A surety bond issued by a surety company authorized to conduct business in this

state in a form acceptable to the animal control authority in the sum of at least $50,000 payable

to any person injured by the dangerous dog, or a liability insurance policy issued by an insurance

company authorized to conduct business in this state in the amount of at least $50,000, insuring

the owner for any personal injuries inflicted by the dangerous dog.

ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a

dangerous dog under this section.

(Ord. 455, passed 2-28-2006; Am. Ord. 458, passed 4-25-2006) Penalty, see § 90.999

§ 90.066 DANGEROUS DOG DESIGNATION REVIEW.

Beginning 6 months after a dog is declared a dangerous dog, an owner may request

annually that the animal control authority review the designation. The owner must provide

evidence that the dog's behavior has changed due to the dog's age, neutering, environment,

completion of obedience training that includes modification of aggressive behavior, or other

factors. If the animal control authority finds sufficient evidence that the dog's behavior has

changed, the authority may rescind the dangerous dog designation.

(Ord. 455, passed 2-28-2006)

§ 90.067 EXEMPTIONS.

Any dog used by law enforcement officials for police work shall be exempt from this

subchapter. Also, dogs that may not be declared dangerous if the threat, injury, or damage was

sustained by a person:

(A) Who was committing, at the time, a willful trespass or other tort upon the

premises occupied by the owner of the dog.

(B) Who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to

have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog.

(Ord. 455, passed 2-28-2006)

§ 90.068 TAG.

A dangerous dog registered under this section must have a standardized, easily identifiable

tag, identifying the dog as dangerous, affixed to the dog's collar at all times.

(Ord. 455, passed 2-28-2006) Penalty, see § 90.999

DESTRUCTION AND CONFISCATION

§ 90.080 QUARANTINE OF CERTAIN DOGS AND CATS.

Any dog or cat, which bites a person, shall be quarantined for the time as may be directed by

the animal control authority. During the quarantine the animal shall be securely confined and

kept from contact with any other animal. At the discretion of the animal control authority, the

quarantine may be on the premises of the owner, however, if the animal control authority

requires other confinement, the owner shall surrender the animal for the quarantine period to the

animal shelter, or shall, at his or her own expense, place it in a veterinary hospital.

(Prior Code, § 10-46) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.081 CONFISCATION OF DANGEROUS DOGS.

The animal control authority having jurisdiction shall immediately seize any dangerous dog

if:

(A) After 14 days, after the owner has been given notice that the dog is dangerous, the dog

is not validly registered with the animal control authority, and the owner does not secure the

proper liability insurance or surety coverage as required;

(B) The dog is not maintained in a proper enclosure;

responsible person as required; or

(D) If the owner of the dog is convicted of a crime for which the dog was originally seized,

the court may order that the dog be confiscated and destroyed in a proper and humane manner,

and that the owner pay the costs incurred in confiscating, confining, and destroying the dog.

(Ord. 455, passed 2-28-2006)

§ 90.082 SAFETY EMERGENCIES.

The animal control authority of this city are hereby authorized and empowered to kill any

animal found in violation of this subchapter whenever the animal cannot be safely taken up and

impounded. No impounding or killing of any animal shall exempt the owner or keeper of the

animal from the penalties provided in this subchapter.

(Prior Code, § 10-48) (Ord. 455, passed 2-28-2006)

§ 90.083 PROVISION OF RECLAMATION.

A dog, cat, or dangerous dog seized under this subchapter may be reclaimed by the owner of

the dog or cat upon payment of impounding and boarding fees, and presenting proof to the

appropriate animal control authority that the requirements have been met. An animal not

reclaimed within 7 days may be disposed of as provided in § 90.085, and the owner is liable to

the animal control authority for costs incurred in confining and disposing of the animal.

(Ord. 455, passed 2-28-2006)

§ 90.084 SUBSEQUENT OFFENSES.

If a person has been convicted of a misdemeanor for violating a provision of this subchapter,

and the person is charged with a subsequent violation relating to the same animal, the animal

must be seized by the animal control authority having jurisdiction. If the owner is convicted of

the crime for which the animal was seized, the court shall order that the animal be destroyed in a

proper and humane manner and the owner pay the cost of confining and destroying the animal. If

the person is not convicted of the crime for which the animal was seized, the owner may reclaim

the animal upon payment to the animal control authority of a fee for the care and boarding of the

animal. If the animal is not reclaimed by the owner within 7 days after the owner had been

notified that the animal may be reclaimed, the animal may be disposed of as provided under §

90.085 and the owner is liable to the animal control authority for the costs incurred in confining,

impounding, and disposing of the animal.

(Ord. 455, passed 2-28-2006)

§ 90.085 DESTRUCTION OF CERTAIN DOGS AND CATS.

(A) Upon sworn complaint by the animal control authority to the county court any one of

the following facts exist:

(1) Any dog or cat at any time has destroyed property or habitually trespassed in a

damaging manner on property of persons other than the owner;

(2) Any dog or cat at any time has attacked or bitten a person outside the owner's or

custodian's premises;

(3) Any dog or cat is vicious or shows vicious habits or molests pedestrians or

interferes with the driving of automobiles on the public streets; or

(4) Any dog or cat is a public nuisance as heretofore defined.

(B) The judge shall issue a summons directed to the owner of the animal commanding him

or her to appear before the court to show cause why the animal should not be seized by any

police officer, or otherwise disposed of in the manner authorized in this subchapter. Upon the

hearing and finding the facts true as complained of, the court may either order the animal killed

or order the owner or custodian to remove it from the city, or may order the owner or custodian

to keep it confined to a designated place. If the owner or custodian violates the order, any police

officer may impound the animal described in the order. The costs of all proceedings described

herein shall be assessed against the owner or custodian of the animal, if the facts in the compliant

are found to be true; or to the complainant if the facts are found to be untrue.

(Prior Code, § 10-47) (Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.086 DESTRUCTION OF ANIMALS IN CERTAIN CIRCUMSTANCES.

Notwithstanding § 90.085, a dog that inflicted substantial or great bodily harm on a human

being on public or private property without provocation may be destroyed in a proper and

humane manner by the animal control authority. The animal control authority may not destroy

the dog until the dog owner has had the opportunity for a hearing before an impartial decision

maker

(Ord. 455, passed 2-28-2006) Penalty, see § 90.999

§ 90.999 PENALTY.

(A) Any person violating any provisions of this chapter shall be guilty of a misdemeanor.

(B) It is a misdemeanor to fail to renew the registration of a dangerous dog, to fail to

account for or sign a false affidavit with respect to a dangerous dog's death or removal from the

jurisdiction, or to fail to disclose ownership of a dangerous dog to a property owner from whom

the person rents property.

(Prior Code, § 10-67) (Ord. 455, passed 2-28-2006)

CHAPTER 91: ALCOHOLIC BEVERAGES

Section

Beer Generally

91.001 Definitions

91.002 Restrictions on purchase and consumption

Beer Licensing

91.015 License required

91.016 Applications

91.017 Fees

91.018 Granting

91.019 Persons ineligible for license

91.020 Places ineligible for license

91.021 Conditions

91.022 Closing hours

91.023 Revocation

Liquor Regulations Generally

91.035 Adoption of state law by reference

91.036 City may be more restrictive than state law

91.037 Definitions

91.038 Nudity on the premises of licensed establishments prohibited

91.039 Consumption in public places

Licensing

91.050 Number of licenses which may be issued

91.051 Term and expiration of licenses

91.052 Kinds of liquor licenses

91.053 License fees; pro rata

91.054 Council discretion to grant or deny a license

91.055 Application for license

91.056 Description of premises

91.057 Applications for renewal

91.058 Transfer of license

91.059 Investigation

91.060 Hearing and issuance

91.061 Restrictions on issuance

91.062 Conditions of license

91.063 Hours and days of sale

91.064 Minors on premises

91.065 Restrictions on purchase and consumption

91.066 Suspension and revocation

Municipal Liquor Stores

91.080 Application of this subchapter

91.081 Existing municipal stores continued

91.082 Location

91.083 Operation

91.084 Proof of financial responsibility

91.085 Issuance of other licenses

91.999 Penalties

BEER GENERALLY

§ 91.001 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

BEER or 3.2% MALT LIQUOR. Any malt beverage with an alcoholic content of more

than ½ of 1% by volume and not more than 3.2% by weight.

BEER STORE. An establishment for the sale of beer, cigars, cigarettes, all forms of

tobacco, beverages, and soft drinks at retail.

MINOR. Any person under the age of 21.

(Prior Code, § 6-26) (Ord. 185, passed 6-14-1971)

§ 91.002 RESTRICTIONS ON PURCHASE AND CONSUMPTION.

(A) Age misrepresentation. No minor shall misrepresent his or her age for the purpose of

obtaining beer.

(B) Inducing purchase. No person shall induce a minor to purchase or procure beer.

any minor.

(D) Possession. No minor shall have beer in his or her possession with the intent to

consume it at a place other than the household of his or her parent or guardian.

(E) Consumption. No minor shall consume beer unless in the company of his or her parent

or guardian.

(F) Consumption prohibited - where. No person shall consume, or have in his or her

possession on his or her person, any beer or open bottle or receptacle containing 3.2% malt

liquor which have been partially removed, in any automobile, theater, recreation hall or center,

dance hall, public street, sidewalk, or other public thoroughfare, not licensed in accordance with

the ordinances of the City of Park Rapids and the State of Minnesota, except that nothing

contained in this section shall be construed to prohibit the consumption of 3.2% malt liquor by

non-minors in city parks between the hours of 10:00 a.m. and 10:00 p.m.

(G) Liquor consumption and display. No person shall consume or display any intoxicating

liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who

does not hold a consumption and display permit.

(Prior Code, § 6-27) (Ord. 218, passed 11-10-1980)

BEER LICENSING

§ 91.015 LICENSE REQUIRED.

(A) Generally. No person, except wholesalers and manufacturers to the extent authorized

by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer

within the city without first having received a license as hereinafter provided. Licenses shall be

of 3 kinds: regular on-sale, temporary on-sale and off-sale.

(B) Regular on-sale. Regular on-sale licenses shall be granted only to beer stores, and

restaurants and hotels where food is prepared and served for consumption on the premises. On-

sale licenses shall permit the sale of beer for consumption on the premises only.

and charitable, religious, and non-profit organizations for the sale of beer for consumption on the

premises only.

(D) Off-sale. Off-sale licenses shall permit the sale of beer at retail, in the original package

for consumption off the premises only.

(Prior Code, § 6-41)

§ 91.016 APPLICATIONS.

(A) Every application for a license to sell beer shall be made to the City Clerk on a form

supplied by the city and containing any information as the Clerk or the City Council may require.

(B) It shall be unlawful to make any false statement in an application.

(Prior Code, § 6-42) Penalty, see § 91.999

§ 91.017 FEES.

(A) Payment required. Each application for a license shall be accompanied by a receipt

from the City Treasurer for payment in full of the required fee for the license. All fees shall be

paid into the general fund of the city. Upon rejection of any application for a license, the

Treasurer shall refund the amount paid.

(B) Expiration; pro rata fees. Every license, except a temporary license, shall expire on the

last day of March in each year. Each license, except a temporary license, shall be issued for a

period of 1 year, except that if a portion of the license year has elapsed when the license is

granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing

the fee, any unexpired fraction of a month shall be counted as 1 month. A temporary license

shall be issued for a specific period in which a special event to which the sale is incident is being

held and the period shall be stated on the license.

and listed in the Fee Schedule, Chapter 36.

(D) Refunds. No part of the fee paid for any license issued under this subchapter shall be

refunded except in the following instances upon application to the Council within 30 days from

the happening of the event. There shall be refunded a pro rata portion of the fee for the

unexpired period of the license, computed on a monthly basis, when operation of the licensed

business ceases not less than 1 month before the expiration of the license because of:

(1) Destruction or damage of the licensed premises by fire or other catastrophe;

(2) The licensee's illness;

(3) The licensee's death;

(4) Sale of property to another qualified buyer; or

(5) A change in the legal status of the municipality making it unlawful for the

licensed business to continue.

(Prior Code, § 6-43) (Ord. 233, passed 1987)

§ 91.018 GRANTING.

(A) Investigation and hearing. The City Council shall investigate all facts set out in

the application. Opportunity shall be given to any person to be heard for or against the granting

of the license. After the investigation and hearing, the Council shall grant or refuse the

application in its discretion.

(B) Transfers. Each license shall be issued to the applicant only and shall not be

transferable to another holder. Each license shall be issued only for the premises described in the

application. No license may be transferred to another place without the approval of the Council.

(Prior Code, § 6-44) Penalty, see § 91.999

§ 91.019 PERSONS INELIGIBLE FOR LICENSE.

No license shall be granted to or held by any person who:

(A) Is under 21 years of age;

(B) Has, within 5 years prior to the application for the license, been convicted of a felony or

of violating any law of this state or local ordinance relating to the manufacture, sale or

distribution of intoxicating liquors or beer and cannot show competent evidence under M.S. §

364.03, as it may be amended from time to time, of sufficient rehabilitation and present fitness to

perform the duties of a beer licensee;

manufactured;

(D) Is an alien;

(E) Is not of good moral character;

(F) Is or during the period of this license becomes the holder of a federal retail liquor

dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also

been issued to him or her a local license to sell intoxicating liquor at the place; or

(G) Is not the proprietor of the establishment for which the license is issued.

(Prior Code, § 6-45) Penalty, see § 91.999

§ 91.020 PLACES INELIGIBLE FOR LICENSE.

(A) Conviction or revocation. No license shall be granted for sale on any premises where a

licensee has been convicted of the violation of this chapter, or of the state beer and liquor law, or

where any license hereunder has been revoked for cause until 1 year has elapsed after the

conviction or revocation.

(B) Residences. No license shall be issued where the premises intended for use is a

dwelling house or residence property, or where a portion of the premises are used as living

quarters, and are directly connected with that portion intended to be used in connection with the

license. Provided, however, that this restriction shall not apply in the case of any business block,

or store building, where a part thereof is used for living purposes, the same not being directly

connected with the business portion thereof, and having a separate and independent entrance.

pursuant to the Adult Establishments Chapter as contained in Chapter 119, §§ 119.01 et seq. of

this code.

(Prior Code, § 6-46) (Ord. 353, passed 8-28-2001)

§ 91.021 CONDITIONS.

(A) Generally. Every license shall be granted subject to the conditions in the following

sections and all other provisions of this chapter and of any other applicable ordinance of the city

or state law.

(B) Sales to minors or intoxicated persons. No beer shall be sold or served to any

intoxicated person or to any person under 21 years of age.

premises.

(D) Employment of minors. No person under the legal drinking age shall be employed on

the premises of a beer store.

(E) Gambling. No gambling or any gambling device shall be permitted on any licensed

premises.

(F) Interest of manufacturers or wholesalers. No manufacturer or wholesaler of beer shall

have any ownership of or interest in an establishment licensed to sell at retail contrary to the

provisions of M.S. § 340A.308, as it may be amended from time to time. No retail licensee shall

receive any benefits contrary to law from a manufacturer or wholesaler of beer and no

manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.

(G) Liquor dealer's stamp. No licensee shall sell beer while holding or exhibiting in

the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed

under the laws of Minnesota to sell intoxicating liquors.

(H) Sales of intoxicating liquor. No licensee who is not also licensed to sell

intoxicating liquor and who does not hold a consumption or display permit shall sell or permit

the consumption and display of intoxicating liquors for the purpose of mixing with intoxicating

liquor. The presence of intoxicating liquors on the premises of a licensee shall be prima facie

evidence of possession of intoxicating liquors for the purpose of sale; and the serving of any

liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that

intoxicating liquor is being permitted to be consumed or displayed contrary to this subchapter.

(I) Searches and seizures. Any peace officer may enter, inspect and search the

premises of a licensee during business hours without a search and seizure warrant and may seize

all intoxicating liquors found on the licensed premises in violation of division (H) above.

(J) Licensee responsibility. Every licensee shall be responsible for the conduct of his

or her place of business and shall maintain conditions of sobriety and order.

(K) Posting. Licenses shall be kept conspicuously posted on the premises at all times.

(Prior Code, § 6-47) Penalty, see § 91.999

§ 91.022 CLOSING HOURS.

No on-sale sales of beer shall be made on any Sunday between the hours of 1:00 a.m. and

12:00 p.m. No on-sale sales shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any

other day.

(Prior Code, § 6-48) Penalty, see § 91.999

§ 91.023 REVOCATION.

(A) The violation of any provision or condition of this subchapter by a beer licensee

or his or her agent is ground for revocation or suspension of the license.

(B) The license of any person who holds a federal retail liquor dealer's special tax

stamp without a license to sell intoxicating liquors at that place shall be revoked without notice

and without hearing.

by the Council in accordance with § 110.07 of this code.

(Prior Code, § 6-49)

LIQUOR REGULATIONS GENERALLY

§ 91.035 ADOPTION OF STATE LAW BY REFERENCE.

The provisions of M.S. Ch. 340A, as they may be amended from time to time, with

reference to the definition of terms, conditions of operation, restrictions on consumption,

provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale,

distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby

adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of

the City Council that all future amendments to M.S. Ch. 340A are hereby adopted by reference

or referenced as if they had been in existence at the time this Chapter is adopted.

§ 91.036 CITY MAY BE MORE RESTRICTIVE THAN STATE LAW.

The Council is authorized by the provisions of M.S. § 340A.509, as it may be amended from

time to time, to impose, and has imposed in this chapter, additional restrictions on the sale and

possession of alcoholic beverages within its limits beyond those contained in M.S. Ch. 340A, as

it may be amended from time to time.

§ 91.037 DEFINITIONS.

In addition to the definitions contained in M.S. § 340A.101, as it may be amended from time

to time, the following terms are defined for purposes of this chapter:

LIQUOR. As used in this chapter, without modification by the words “intoxicating” or “3.2

percent malt,” includes both intoxicating liquor and 3.2 percent malt liquor.

RESTAURANT. An eating facility, other than a hotel, under the control of a single

proprietor or manager, where meals are regularly prepared on the premises, where full

waitress/waiter table service is provided, where a customer orders food from printed menus and

where the main food course is served and consumed while seated at a single location. To be a

“restaurant” as defined by this section, an establishment shall have a license from the state as

required by M.S. § 157.16, as it may be amended from time to time, and meet the definition of

either a “small establishment,” “medium establishment” or “large establishment” as defined in

M.S. § 157.16, Subd. 3d, as it may be amended from time to time. An establishment which

serves prepackaged food that receives heat treatment and is served in the package or frozen pizza

that is heated and served, shall not be considered to be a restaurant for purposes of this chapter

unless it meets the definitions of “small establishment”, “medium establishment” or “large

establishment.”

§ 91.038 NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS

PROHIBITED.

(A) The City Council finds that it is in the best interests of the public health, safety, and

general welfare of the people of the city that nudity is prohibited as provided in this section on

the premises of any establishment licensed under this chapter. This is to protect and assist the

owners, operators, and employees of the establishment, as well as patrons and the public in

general, from harm stemming from the physical immediacy and combination of alcohol, nudity,

and sex. The Council especially intends to prevent any subliminal endorsement of sexual

harassment or activities likely to lead to the possibility of various criminal conduct, including

prostitution, sexual assault, and disorderly conduct. The Council also finds that the prohibition of

nudity on the premises of any establishment licensed under this chapter, as set forth in this

section, reflects the prevailing community standards of the city.

(B) It is unlawful for any licensee to permit or allow any person or persons on the licensed

premises when the person does not have his or her buttocks, anus, breasts, and genitals covered

with a non-transparent material. It is unlawful for any person to be on the licensed premises

when the person does not have his or her buttocks, anus, breasts, and genitals covered with a

non-transparent material.

justification for revocation or suspension of any liquor, wine, or 3.2 percent malt liquor license

or the imposition of a civil penalty under the provisions of § 91.99(B).

Penalty, see § 91.99

§ 91.039 CONSUMPTION IN PUBLIC PLACES.

No person shall consume intoxicating liquor or 3.2 percent malt liquor on any public street,

sidewalk, parking lot or alley, or in any public place other than on the premises of an

establishment licensed under this chapter, in a municipal liquor dispensary if one exists in the

city, or where the consumption and display of liquor is lawfully permitted.

Penalty, see § 91.99

LICENSING

§ 91.050 NUMBER OF LICENSES WHICH MAY BE ISSUED.

State law establishes the number of liquor licenses that a city may issue. However, the

number of licenses which may be granted under this chapter is limited to the number of license

which were issued as of the effective date of this chapter, even if a larger number of licenses are

authorized by law or election. The Council in its sound discretion may provide by ordinance that

a larger number of licenses may be issued up to the number of licenses authorized by M.S. Ch.

340A, as it may be amended from time to time. If a larger number of licenses in a particular

category has been authorized by a referendum held under the provisions of M.S. § 340A.413,

Subd. 3, as it may be amended from time to time, but not all of them have been issued, the larger

number of licenses is no longer in effect until the Council by ordinance determines that any or all

of the licenses may be issued. The Council is not required to issue the full number of licenses

that it has available.

§ 91.051 TERM AND EXPIRATION OF LICENSES.

Each license shall be issued for a maximum period of 1 year. All licenses, except temporary

licenses, shall expire on February 28 of each year unless another date is provided by ordinance.

All licenses shall expire on the same date. Temporary licenses expire according to their terms.

Consumption and display permits issued by the Commissioner of Public Safety, and the

accompanying city consent to the permit, shall expire on March 31 of each year.

§ 91.052 KINDS OF LIQUOR LICENSES.

The Council of a city that does not have a municipal liquor store is authorized to issue the

following licenses and permits, up to the number specified in § 91.050. The Council of a city

which has a municipal liquor store is authorized to issue only those licenses specified in §

91.085.

(A) 3.2 percent malt liquor on-sale licenses, which may be issued only to golf courses,

restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of 3.2

percent malt liquor with the incidental sale of tobacco and soft drinks.

(B) 3.2 percent malt liquor off-sale license.

charitable, religious, or nonprofit organization.

(D) Off-sale intoxicating liquor licenses, which may be issued only to exclusive liquor

stores or drug stores that have an off-sale license which was first issued on or before May 1,

1994. The fee for an off-sale intoxicating liquor license established by the Council under § 91.23

shall not exceed $100 or a greater amount which may be permitted by M.S. § 340A.408, Subd. 3,

as it may be amended from time to time.

(E) On-sale intoxicating liquor licenses, which may be issued to the following

establishments as defined by M.S. § 340A.101, as it may be amended from time to time, and this

chapter: hotels, restaurants, bowling centers, theaters, clubs or congressionally chartered veterans

organizations, and exclusive liquor stores. Club licenses may be issued only with the approval of

the Commissioner of Public Safety. The fee for club licenses established by the Council under §

91.053 shall not exceed the amounts provided for in M.S. § 340A.408, Subd. 2b, as it may be

amended from time to time. The Council may in its sound discretion authorize a retail on-sale

licensee to dispense intoxicating liquor off the licensed premises at a community festival held

within the city under the provisions of M.S. § 340A.404, Subd. 4b, as it may be amended from

time to time. The Council may in its sound discretion authorize a retail on-sale licensee to

dispense intoxicating liquor off the licensed premises at any convention, banquet, conference,

meeting, or social affair conducted on the premises of a sports, convention, or cultural facility

owned by the city, under the provisions of M.S. § 340A.404, Subd. 4a, as it may be amended

from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any

person attending or participating in an amateur athletic event being held on the premises.

(F) Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter

approval at a general or special election as provided by M.S. § 340A.504, Subd. 3, as it may be

amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a

restaurant as defined in § 91.03, club, bowling center, or hotel which has a seating capacity of at

least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only

in conjunction with the service of food. The maximum fee for this license, which shall be

established by the Council under the provisions of § 91.053, shall not exceed $200, or the

maximum amount provided by M.S. § 340A.504, Subd. 3c, as it may be amended from time to

time.

(G) Combination on-sale/off-sale intoxicating liquor licenses if the city has a population

less than 10,000.

(H) Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner

of Public Safety, which may be issued only in connection with a social event sponsored by a

club, charitable, religious, or other nonprofit corporation that has existed for at least 3 years. No

license shall be for longer than 4 consecutive days, and the city shall issue no more than 12 days

worth of temporary licenses to any 1 organization in 1 calendar year.

(I) On-sale wine licenses, with the approval of the Commissioner of Public Safety to:

theaters, restaurants that have facilities for seating at least 25 guests at 1 time and meet the

criteria of M.S. § 340A.404, Subd. 5, as it may be amended from time to time, and which meet

the definition of restaurant in § 91.037; and to licensed bed and breakfast facilities which meet

the criteria in M.S. § 340A.401, Subd. 1, as it may be amended from time to time. The fee for an

on-sale wine license established by the Council under the provisions of § 91.053 shall not exceed

one-half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-

sale wine license who also holds an on-sale 3.2 percent malt liquor license is authorized to sell

malt liquor with a content over 3.2 percent (strong beer) without an additional license.

(J) One day consumption and display permits with the approval of the Commissioner of

Public Safety to a nonprofit organization in conjunction with a social activity in the city

sponsored by the organization.

(K) Approval of the issuance of a consumption and display permit by the Commissioner of

Public Safety. The maximum amount of the additional fee which may be imposed by the Council

on a person who has been issued a consumption and display permit under the provisions of §

91.053 shall not exceed $300, or the maximum amount permitted by M.S. § 340A.14, Subd. 6, as

it may be amended from time to time. Consumption and display permits shall expire on March

31 of each year.

§ 91.053 LICENSE FEES; PRO RATA.

(A) No license or other fee established by the city shall exceed any limit established by

M.S. Ch. 340A, as it may be amended from time to time, for a liquor license.

(B) The Council may establish from time to time in the Ordinance Establishing Fees and

Charges the fee for any of the liquor licenses it is authorized to issue. The license fee may not

exceed the cost of issuing the license and other costs directly related to the enforcement of the

liquor laws and this chapter. No liquor license fee shall be increased without providing mailed

notice of a hearing on the proposed increase to all affected licensees at least 30 days before the

hearing.

the license year shall be prorated on a quarterly basis.

(D) All license fees shall be paid in full at the time the application is filed with the city. If

the application is denied, the license fee shall be returned to the applicant.

(E) A refund of a pro rata share of an annual license fee may occur only if authorized by

M.S. § 340A.408, Subd. 5, as it may be amended from time to time.

§ 91.054 COUNCIL DISCRETION TO GRANT OR DENY A LICENSE.

The Council in its sound discretion may either grant or deny the application for any license

or for the transfer or renewal of any license. No applicant has a right to a license under this

chapter.

§ 91.055 APPLICATION FOR LICENSE.

(A) Form. Every application for a license issued under this chapter shall be on a form

provided by the city. Every application shall state the name of the applicant, the applicant's age,

representations as to the applicant's character, with references as the Council may require, the

type of license applied for, the business in connection with which the proposed license will

operate and its location, a description of the premises, whether the applicant is owner and

operator of the business, how long the applicant has been in that business at that place, and other

information as the Council may require from time to time. An application for an on-sale

intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Safety

and shall also contain the information required in this section. The form shall be verified and

filed with the city. No person shall make a false statement in an application.

(B) Financial responsibility. Prior to the issuance of any license under this chapter,

the applicant shall demonstrate proof of financial responsibility as defined in M.S. § 340A.409,

as it may be amended from time to time, with regard to liability under M.S. § 340A.801, as it

may be amended from time to time. This proof will be filed with the city and the Commissioner

of Public Safety. Any liability insurance policy filed as proof of financial responsibility under

this section shall conform to M.S. § 340A.409, as it may be amended from time to time.

Operation of a business which is required to be licensed by this chapter without having on file

with the city at all times effective proof of financial responsibility is a cause for revocation of the

license.

Penalty, see § 91.999

§ 91.056 DESCRIPTION OF PREMISES.

The application shall specifically describe the compact and contiguous premises within

which liquor may be dispensed and consumed. The description may not include any parking lot

or sidewalk.

§ 91.057 APPLICATIONS FOR RENEWAL.

At least 90 days before a license issued under this chapter is to be renewed, an

application for renewal shall be filed with the city. The decision whether or not to renew a

license rests within the sound discretion of the Council. No licensee has a right to have the

license renewed.

§ 91.058 TRANSFER OF LICENSE.

No license issued under this chapter may be transferred without the approval of the

Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license,

and a transfer of stock without prior Council approval is a ground for revocation of the license.

An application to transfer a license shall be treated the same as an application for a new license,

and all of the provisions of this code applying to applications for a license shall apply.

Penalty, see § 91.999

§ 91.059 INVESTIGATION.

(A) Preliminary background and financial investigation. On an initial application for a

license, on an application for transfer of a license and, in the sound discretion of the Council that

it is in the public interest to do so, on an application for renewal of a license, the city shall

conduct a preliminary background and financial investigation of the applicant or it may contract

with the Commissioner of Public Safety for the investigation. The applicant shall pay with the

application an investigation fee of $500 which shall be in addition to any license fee. If the cost

of the preliminary investigation is less than $500, the unused balance shall be returned to the

applicant. The results of the preliminary investigation shall be sent to the Commissioner of

Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine

license.

(B) Comprehensive background and financial investigation. If the results of a preliminary

investigation warrant, in the sound discretion of the Council, a comprehensive background and

financial investigation, the Council may either conduct the investigation itself or contract with

the Commissioner of Public Safety for the investigation. The investigation fee for this

comprehensive background and financial investigation to be paid by the applicant shall be $500,

less any amount paid for the initial investigation if the investigation is to be conducted within the

state, and $10,000, less any amount paid for the initial investigation, if the investigation is

required outside the state. The unused balance of the fee shall be returned to the applicant

whether or not the application is denied. The fee shall be paid in advance of any investigation

and the amount actually expended on the investigation shall not be refundable in the event the

application is denied. The results of the comprehensive investigation shall be sent to the

Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or

an on-sale wine license.

§ 91.060 HEARING AND ISSUANCE.

The Council shall investigate all facts set out in the application and not investigated in the

preliminary or comprehensive background and financial investigations. Opportunity shall be

given to any person to be heard for or against the granting of the license. After the investigation

and hearing, the Council shall in its sound discretion grant or deny the application. No license

shall become effective until the proof of financial security has been approved by the

Commissioner of Public Safety.

§ 91.061 RESTRICTIONS ON ISSUANCE.

(A) Each license shall be issued only to the applicant for the premises described in the

application.

(B) Not more than 1 license shall be directly or indirectly issued within the city to any 1

person.

assessments, utility charges, service charges, or other financial claims of the city are delinquent

and unpaid.

(D) No license shall be issued for any place or any business ineligible for a license under

state law.

(E) No license shall be granted within 500 feet of any school or church. The distance is to

be measured from the closest side of the church to the closest side of the structure on the

premises within which liquor is to be sold.

Penalty, see § 91.999

§ 91.062 CONDITIONS OF LICENSE.

The failure of a licensee to meet any one of the conditions of the license specified below

shall result in a suspension of the license until the condition is met.

(A) Within 90 days after employment, every person selling or serving liquor in an

establishment which has an “on-sale” license shall receive training regarding the selling or

serving of liquor to customers. The training shall be provided by an organization approved by the

State of Minnesota. Proof of training shall be provided by the licensee.

(B) Every licensee is responsible for the conduct of the place of business and the conditions

of sobriety and order in it. The act of any employee on the licensed premises is deemed the act of

the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and

the law equally with the employee.

person designated by the Council to conduct compliance checks and to otherwise enter, inspect,

and search the premises of the licensee during business hours and after business hours during the

time when customers remain on the premises without a warrant.

(D) No on-sale establishment shall display liquor to the public during hours when the sale of

liquor is prohibited.

(E) Compliance with financial responsibility requirements of state law and of this chapter is

a continuing condition of any license.

Penalty, see § 91.999

§ 91.063 HOURS AND DAYS OF SALE.

(A) No “on-sale” sale of intoxicating liquor shall be made on licensed premises between the

hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday.

(B) On-sale liquor license holders are permitted to sell liquor, in conjunction with the sale

of food, for on-premises consumption on Sundays between the hours of 12:00 p.m. on Sundays

and 1:00 a.m. on Mondays.

(Prior Code, § 6-92)

(Ord. 313, passed - -2000; Ord. 398, passed 10-28-2003)

suspension of the license.

Penalty, see § 91.999

§ 91.064 MINORS ON PREMISES.

(A) No person under the age of 18 years shall be employed in any rooms constituting the

place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on sale, except that

persons under the age of 18 may be employed as musicians or to perform the duties of a bus

person or dishwashing services in places defined as a restaurant, hotel, motel or other multi-

purpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor

are sold at retail on sale.

(B) No person under the age of 21 years may enter a licensed establishment except to work,

consume meals on premises that qualify as a restaurant, or attend social functions that are held in

a portion of the premises where liquor is not sold.

Penalty, see § 91.999

§ 91.065 RESTRICTIONS ON PURCHASE AND CONSUMPTION.

No person shall mix or prepare liquor for consumption in any public place of business unless

it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the

provisions of M.S. § 340A.414, as it may be amended from time to time, which has been

approved by the Council, and no person shall consume liquor in any such place.

Penalty, see § 91.999

§ 91.066 SUSPENSION AND REVOCATION.

(A) The Council shall either suspend for a period not to exceed 60 days or revoke any liquor

license upon finding that the licensee has failed to comply with any applicable statute, regulation,

or provision of this chapter relating to liquor. Except in cases of lapse of proof of financial

responsibility, no suspension or revocation shall take effect until the licensee has been afforded

an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to

14.70, as it may be amended from time to time. The Council may act as the hearing body under

that act, or it may contract with the Office of Hearing Examiners for a hearing officer.

(B) The following are the minimum periods of suspension or revocation which shall be

imposed by the Council for violations of the provisions of this chapter or M.S. Ch. 340A, as it

may be amended from time to time or any rules promulgated under that chapter as they may be

amended from time to time:

(1) For commission of a felony related to the licensed activity, sale of alcoholic

beverages while the license is under suspension, sale of intoxicating liquor where the only

license is for 3.2 percent malt liquor, or violation of § 91.04, the license shall be revoked.

(2) The license shall be suspended by the Council after a finding under division (A)

that the licensee has failed to comply with any applicable statute, rule, or provision of this

chapter for at least the minimum periods as follows:

(a) For the first violation within any 3-year period, at least 1 day suspension in

addition to any criminal or civil penalties which may be imposed.

(b) For a second violation within any 3-year period, at least 3 consecutive days

suspension in addition to any criminal or civil penalties which may be imposed.

(d) For a fourth violation within any 3-year period, the license shall be revoked.

(3) The Council shall select the day or days during which the license will be

suspended.

of any license issued pursuant to this chapter or state law without further action of the Council.

Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to

the licensee of the impending suspension of the license. The holder of a license who has received

notice of lapse of required insurance or of suspension or revocation of a license may request a

hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council

shall be granted within 10 days. Any suspension under this division (B) shall continue until the

Council determines that the financial responsibility requirements of state law and this chapter

have again been met.

(D) The provisions of § 91.999 pertaining to administrative penalty may be imposed in

addition to or in lieu of any suspension or revocation under this chapter.

Penalty, see § 91.999

MUNICIPAL LIQUOR STORES

§ 91.080 APPLICATION OF THIS SUBCHAPTER.

This subchapter, consisting of §§ 91.080 through 91.085, applies only to a city that has in

existence on the effective date of this chapter a municipal liquor store.

§ 91.081 EXISTING MUNICIPAL STORES CONTINUED.

If the city has in existence on the effective date of this chapter a municipal liquor store for

the sale of intoxicating liquor, the store is continued. Except as provided in § 91.085, no

intoxicating liquor may be sold at retail elsewhere in the city.

Penalty, see § 91.999

§ 91.082 LOCATION.

The municipal liquor store shall be located at a suitable place in the city as the Council

determines by motion. However, no premises upon which taxes, assessments, or other public

charges are delinquent shall be leased for municipal liquor store purposes. The Council shall

have the right to establish additional off-sale and on-sale stores at other locations as it may, from

time to time, by motion, determine.

§ 91.083 OPERATION.

(A) Manager. The municipal liquor store shall be in the immediate charge of a Liquor Store

Manager selected by the Council and paid compensation as is fixed by the Council. The Manager

shall not be a person who would be prohibited by law or any provision of this chapter from being

eligible for an intoxicating liquor license. The Manager shall furnish a surety bond to the city,

conditioned upon the faithful discharge of the duties of the office, in a sum as specified by the

Council. The bond premium may be paid by the city or the Manager, in the discretion of the

Council. The Manager shall operate the municipal liquor store under the Council's direction and

shall perform those duties in connection with the store as may be established by the Council. The

Manager shall be responsible to the Council for the conduct of the store in full compliance with

this chapter and with the laws relating to the sale of intoxicating liquor and 3.2 percent malt

liquor.

(B) Other employees. The Council may also appoint additional employees as may be

required and shall fix their compensation. All employees, including the Manager, shall hold their

positions at the pleasure of the Council. No person under the age of 18 shall be employed in the

store. The Council may require the employees to furnish surety bonds conditioned for the

faithful discharge of their duties in a sum as specified by the Council. The premium on the bond

may be paid by the city or the employees, as the Council determines.

municipal liquor store shall be deposited in a municipal liquor store fund from which all ordinary

operating expenses, including compensation of the Manager and employees, shall be paid.

Surpluses accumulating in the fund may be transferred to the general fund of the city or to any

other appropriate fund of the city by resolution of the Council, and may be expended for any

municipal purpose. The handling of municipal liquor store receipts and disbursements shall

comply with the procedure prescribed by law and charter for the receipts and disbursements of

city funds generally.

(D) Financial statement. The Council shall provide within 90 days following the end

of the calendar year for publication a balance sheet using generally accepted accounting

procedures and a statement of operations of the municipal liquor store for that year. The balance

sheet and statement shall be published in accordance with the provisions of M.S. § 471.6985, as

it may be amended from time to time.

(E) Hours of operation. The hours during which the sale of intoxicating liquor may

be sold shall be as provided in § 91.063. No person, other than the Manager, a vendor, or a store

employee, may remain in the municipal liquor store longer than one-half hour after the time

when the sale of intoxicating liquor must cease.

Penalty, see § 91.999

§ 91.084 PROOF OF FINANCIAL RESPONSIBILITY.

The city shall demonstrate proof of financial responsibility required by licensees of retail

intoxicating liquor establishments under the provisions of M.S. § 340A.409, as it may be

amended from time to time.

§ 91.085 ISSUANCE OF OTHER LICENSES.

(A) On-sale licenses for the sale of intoxicating liquor. The Council may issue in its

sound discretion on-sale licenses to a club under M.S. § 340A.404, Subd. 1(4), as it may be

amended from time to time. If the voters have authorized their issuance at a special election

called for that purpose, the Council may issue on its sound discretion on-sale liquor licenses to

hotels and restaurants. The number of on-sale licenses irssued under this section is governed by

M.S. § 340A.413, as it may be amended from time to time, as limited by the provisions of this

chapter. The issuance of these licenses is governed by the provisions of this chapter.

(B) Off-sale licenses for the sale of intoxicating liquor. State law does not authorize

the issuance of off-sale licenses for the sale of intoxicating liquor by cities which operate a

municipal liquor dispensary.

malt liquor licenses in its sound discretion as provided in this chapter.

§ 91.999 PENALTIES.

(A) Any person violating the provisions of this chapter or M.S. Ch. 340A as it may be

amended from time to time or any rules promulgated under that chapter as they may be amended

from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided

by law.

(B) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch.

340A, as it may be amended from time to time, and of this chapter. Conviction of a violation in

a court of law is not required in order for the Council to impose the civil penalty. A hearing

under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from

time to time, is not required before the penalty is imposed, but the Council shall hold a hearing

on the proposed violation and the proposed penalty and hear any person who wishes to speak.

Non-payment of the penalty is grounds for suspension or revocation of the license. The

following is the minimum schedule of presumptive civil penalties which must be imposed in

addition to any suspension unless the licenses is revoked:

(1) For the first violation within any 3-year period, $500.

(2) For the second violation within any 3-year period, $1,000.

(3) For the third and subsequent violations within any 3-year period, $2,000.

provisions of this chapter, or of M.S. Ch. 340A, as it may be amended from time to time or any

rules promulgated under that chapter as they may be amended from time to time. The number of

violations shall be determined on the basis of the history of violations for the preceding 3-year

period. Revocation shall occur within 60 days following a violation for which revocation is

imposed.

(D) Beer licensing. Any person who violates any of the provisions of §§ 91.015 et seq.

shall be guilty of a misdemeanor.

(Prior Code, § 6-50)

CHAPTER 92: NUISANCES

Section

92.01 Findings, purpose and definition

92.02 Definitions

92.03 Public nuisances affecting health

92.04 Public nuisances affecting public peace and safety

92.05 Public nuisances affecting environment

92.06 General policy

92.07 Inspection of dwelling and premises

92.08 Service of notice

92.09 Enforcement

92.10 Administrative liability

92.99 Penalty

§ 92.01 FINDINGS, PURPOSE AND DEFINITION.

(A) A nuisance is public if it annoys, injures, or endangers the safety, health, comfort, or

repose of any considerable number of people (M.S. 609.74, as it may be amended from time to

time).

(B) It is public if it affects the surrounding community in general or some local

neighborhood.

(Prior Code, § 19-25) (Ord. 359, passed 12-11-2001) Penalty, see § 92.99

§ 92.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

DETERIORATED STRUCTURES. Any structure or part of any structure which is because

of fire, wind, or other natural disaster or physical deterioration no longer habitable nor useful.

HIGH GRASS. Any grass or weeds allowed to attain a height in excess of 6 inches except

vegetation on lakeshores, stream banks, wetlands, or other areas where the ground is encouraged

for environmental or erosion control purposes.

JUNK or RUBBISH. Any material or substance stored in the open or not enclosed in a building

which does not serve, nor is it intended to serve any useful purpose or the purpose for which it

was originally intended, including but not limited to, refuse, empty cans, bottles, debris, used

furniture, appliances, machinery parts, motor vehicle parts, vehicle tires, wood remnants, dead

trees, shrubs or other vegetation, decayed, weathered or broken construction material no longer

usable including metal or other cast off materials.

NOXIOUS AND VIRULENT WEEDS. Any poison ivy, ragweed or any other weeds,

grass, bush or plants which are a fire hazard or otherwise detrimental to the health or appearance

of a neighborhood.

UNSAFE BUILDINGS. Any building or structure which is structurally unsafe, does not

provide adequate egress, is dangerous to human life, or constitutes a hazard to safety, health or

public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard,

disaster damage or abandonment.

(Prior Code, § 19-26) (Ord. 359, passed 12-11-2001)

§ 92.03 PUBLIC NUISANCES AFFECTING HEALTH.

The following are hereby declared to be nuisances affecting health:

(A) The pollution of any public well, cistern, stream, or lake, canal or body of water by

sewage, industrial waste or other substances;

(B) The effluence from any cesspool, septic tank, drain field or sewage disposal system

discharging upon the surface of the ground;

(D) All diseased animals running at large; carcasses of animals not buried within 24 hours

after death;

(E) Dense smoke, noxious fumes, gas and soot or cinders, in unreasonable quantities;

(F) All animals and poultry, except dogs and cats, housed, penned, stabled, enclosed,

tethered or allowed to run within 50 feet from a residence or other building permanently or

temporarily used for human habitation, or from any public road, alley, sidewalk or highway;

(G) Garbage containers which are not rodent free or fly-tight or which are so maintained as

to constitute a health hazard or to emit a foul and disagreeable odor; and

Nuisances 37

(H) All other acts, omissions of acts, occupations and uses of property which are

deemed by the Board of Health to be a menace to the health of the inhabitants of this city or any

considerable number thereof.

(Prior Code, § 19-27) (Ord. 359, passed 12-11-2001) Penalty, see § 92.99

§ 92.04 PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY.

The following are declared to be nuisances affecting public peace and safety.

(A) All unnecessary noises by singing, swearing, threatening, assaulting, striking or

fighting or quarreling, cursing or using obscene language or conversation, or any unusual noise.

(1) Radios, tape and disc players, and the like. The using, operating, or

permitting to be played any radio receiving set, tape or disc player, musical instrument ,

phonograph, or other machine or device for the producing or reproducing of sound in a manner,

considering the time and place and the purpose for which the sound is produced, as to disturb the

peace, quiet or repose of a person or persons of ordinary sensibilities.

(a) The play, use or operation of any radio, tape or disc player,

musical instrument, phonograph or other machine or device for the production or reproduction of

sound in a manner as to be plainly audible at a distance of 50 feet from the machine or device

shall be prima facie evidence of a violation of this section.

(b) When sound violating this section is produced or reproduced by a

machine or device that is located in or on a vehicle, the vehicle's owner is guilty of the violation,

provided, however, that if the vehicle's owner is not present at the time of the violation, the

person in charge or control of the vehicle at the time of the violation is guilty of the violation.

1. Amplifying equipment used in connection with activities

which are authorized, sponsored or permitted by the City of Park Rapids, so long as the activity

is conducted pursuant to the conditions of the license, permit or contract authorizing the activity;

2. Church bells, chimes, or carillons;

3. School bells;

4. Anti-theft devices; or

5. Machines or devices for the production of sound on or in

authorized emergency vehicles.

(2) Application. With the exception of the machines or devices listed in division (c)

above, this section shall apply to all radios, tapes and disc players, musical instruments,

phonographs, and machines and devices for the production or reproduction of sound, whether on

public or private property.

(B) The firing or discharge of any firearms. This section shall not preclude the Police

Department from establishing and using a firearms training range at a site or sites established by

Council action and located within the city. Persons using the range must be licensed law

enforcement officers, or be enrolled in a program leading to licensure. The Chief of Police or the

Police Department's Firearms Training Officer (or such other person as the Chief of Police may

from time to time designate, including representatives from other law enforcement agencies)

must be present when the range is being used.

to gather, obstructing traffic and the free use of the sidewalk or streets.

(D) All buildings, walls and other structures which have deteriorated or become unsafe as

defined in this section; or have been damaged by fire, decay or otherwise to an extent exceeding

½ their original value and which are so situated as to endanger the safety of the public.

(E) Any dog who habitually barks, disturbing the peace of a number of people.

(F) Trees, hedges, signs, billboards, fences, or other obstructions which interfere with

maintenance of right-of-way or which hinder persons using any right-of-way from seeing traffic.

(G) The uncovered piling, storing or keeping of old machinery, wrecked or junked vehicles

or vehicle's bodies, cut or uncut lumber, pipes and other junk and debris, in zoned residential, or

in those areas not presently zoned, but which are predominately residential in nature.

(H) Any and all passenger vehicles including trucks in an inoperative state due to age,

damage, or malfunction shall not be parked outside in any district except in a Heavy Industry

District (I-2) for a period not to exceed 30 days unless they are a permitted use; eg. repair garage.

INOPERATIVE shall mean incapable of movement under its own power or in need of repair or

junking and shall include vehicles incapable of legal movement on public roads. All exterior

storage not included as a permitted use, or included as part of a conditional use permit, or

otherwise permitted by provisions of this chapter shall be considered as refuse.

(I) To leave any abandoned basement, well, shaft, wall, cesspool or septic tank, or other

excavation unless covered or filled or otherwise protected as to prevent any child or other

persons from accidentally falling into the same or being injured thereby.

(J) All buildings and all alterations to buildings made or erected within the fire limits as

established by ordinance in violation of the ordinance concerning manner and materials of

construction.

Nuisances 39

(K) To throw, drop, dump, suspend or cause to be thrown, any object or dangerous material

from any bridge or overpass spanning roadways or waterways within the city. No person shall

jump, swing, fall, or attach any device on any bridge to cause a person to swing from or repel

from any bridge within the city. No loitering on top of buildings.

(L) All snow and ice must be removed from public sidewalks, awnings or decks within 12

hours after the snow or other precipitation causing the condition has ceased to fall. The allowing

of rain water, ice or snow to fall from any building or structure upon any street or sidewalk or to

flow across or build up on any sidewalk, that may pose a threat to the general health, safety or

welfare of the public is prohibited.

(M) Obstructions and excavations affecting the ordinary public use of streets, alleys,

sidewalks or public grounds except under conditions as are permitted by this City Code.

(N) Accumulations in the open of discarded or disused machinery, household appliances,

automobile bodies, or other material in a manner conducive to the harboring of rats, mice, snakes

or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner

creating fire, health, or safety hazards from those accumulations.

(O) The placing or throwing on any street, sidewalk, or other public property of any glass,

tacks, nails, bottles or other substance which may injure any person or animal or damage any

pneumatic tire when passing over a substance.

(P) All other conditions or things which are liable to cause injury to the person or property

of anyone.

(Prior Code, § 19-28) (Ord. 270, passed 3-11-1996; Am. Ord. 363, passed 5-14-2002; Am. Ord.

359, passed 12-11-2001; Am. Ord. 462, passed 6-13-2006) Penalty, see § 92.99

§ 92.05 PUBLIC NUISANCES AFFECTING ENVIRONMENT.

The following are declared a nuisance to the environment and a threat to the character of the

community:

(A) In all zoning districts, the owner of all land shall be responsible for keeping land free of

noxious and virulent weeds; and

(B) Any high grass as defined in § 92.02.

(Prior Code, § 19-29) (Ord. 359, passed 12-11-2001) Penalty, see § 92.99

40 Park Rapids - General Regulations

§ 92.06 GENERAL POLICY.

It is hereby determined that the uses, structures, activities and causes of blight factors

described within this chapter, if allowed to exist, will tend to result in blighted and undesirable

neighborhoods so as to be harmful to the public welfare, health and safety.

(Prior Code, § 19-30) (Ord. 359, passed 12-11-2001) Penalty, see § 92.99

§ 92.07 INSPECTION OF DWELLING AND PREMISES.

It shall be the duty of the Park Rapids Police Department to enforce the provisions of this

chapter. Officers and members of the Park Rapids Police Department are authorized to make, or

cause to be made, inspections to determine the conditions of exterior premises of property and

may, during the course of their inspection, take pictures on the premises.

(Prior Code, § 19-31) (Ord. 359, passed 12-11-2001)

§ 92.08 SERVICE OF NOTICE.

When the inspecting officer of the Park Rapids Police Department determines there had

been a violation of this chapter or that there are reasonable grounds to believe there has been a

violation, he or she shall give written notice of the violation or alleged violation to the person or

persons who are responsible therefor. The notice shall describe the property involved

sufficiently to identify it, shall describe the violation which exists and the remedial action

required, shall allow a reasonable time for the performance of any act required, and shall be

served upon the person responsible therefor, and upon the record owner in the manner in which a

summons is served in Minnesota in a civil action.

(Prior Code, § 19-32) (Ord. 359, passed 12-11-2001)

§ 92.09 ENFORCEMENT.

If the notice described in § 92.08 is not complied with by the responsible person or

persons within the time prescribed, the defendant either may be prosecuted for the violation of

this chapter or the City Council may authorize the City Attorney to institute appropriate civil

action against the responsible person or persons for abatement of the public nuisance.

(Prior Code, § 19-33) (Ord. 359, passed 12-11-2001)

§ 92.10 ADMINISTRATIVE LIABILITY.

No officer, agent or employee of the City of Park Rapids shall render himself or herself

personally liable for any damage that may accrue to persons or property as a result of any act

required or permitted in the discharge of his or her duties under this chapter. No person who

institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable

in damages therefor unless he or she acted with actual malice and without reasonable grounds for

believing that the person accused or prosecuted was guilty of an unlawful act or omission.

(Prior Code, § 19-34) (Ord. 359, passed 12-11-2001)

§ 92.99 PENALTY.

In the discretion of the charging officer, the officer may state upon the tab charge or

complaint that the matter may be treated as a payable pursuant to any District Court judge's

schedule then in effect, thereby eliminating any threat of jail time for the alleged offender.

(Prior Code, § 19-35) (Ord. 359, passed 12-11-2001)

CHAPTER 93: ENVIRONMENT

Section

Tree Standards and Urban Forestry Committee

93.01 Definitions

93.02 Creation and establishment of the Urban Forestry Committee

93.03 Terms of office

93.04 Compensation

93.05 Duties and responsibilities

93.06 Tree species to be planted

93.07 Spacing

93.08 Distance from curb to sidewalk

93.09 Distance from street corners to fire hydrants

93.10 Boulevard trees

93.11 Boulevard trees damaged by contractor or property owner

93.12 Utilities

93.13 Public tree care

93.14 Pruning standards

93.15 Pruning and corner clearance

93.16 Tree topping

93.17 Dead or diseased tree removal on private property

93.18 Removal of tree stumps

93.19 Protection and preservation of trees

93.20 Interference with Urban Forestry Committee

93.21 Arborists license and bonding

93.22 Insurance

93.23 Review by City Council

Firewood and Stockpiling of Wood

93.35 Regulations adopted by reference

93.99 Penalty

44 Park Rapids - General Regulations

TREE STANDARDS AND URBAN FORESTRY COMMITTEE

§ 93.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

BOULEVARD. Area between curb or street edge and the private property line that is

publicly owned.

BOULEVARD TREE. A tree, shrub, bush, or other woody vegetation on land lying

between property lines on either side of all streets, avenues, and boulevards within the city.

CITY. The City of Park Rapids, Minnesota.

HAZARD TREE. Any tree or stump with an infectious disease or insect problem, dead or

dying trees, a tree or limb(s) that obstructs street lights, traffic signs, the free passage of

pedestrians or vehicles; a tree that poses a threat to public safety, and the like.

LARGE TREE. Any plant material that will grow to a height of over 40 feet.

MEDIUM TREE. Any plant material that will grow to a mature height of 20 to 40 feet.

PARK TREE. A tree, shrub, bush, or other woody vegetation in public parks having

individual names, and all areas owned by the city or to which the public has free access as a

park.

PRIVATE TREE. Any and all trees growing on private property within the city limits.

PUBLIC PROPERTY. Any area or building publicly owned, including but not limited to

boulevards, parks, playgrounds, school sites, parkways, and streets.

PUBLIC RIGHT-OF-WAY. Portion of property reserved for public use and accepted for

that use by the city to provide circulation and travel to abutting properties, including, but not

limited to, streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes, and open

public spaces.

PUBLIC TREE. All trees growing on any public right-of-way, park, or any public place

owned and or managed by the City of Park Rapids.

SMALL TREE. Any plant material that will grow to a height of 20 feet or less.

URBAN FOREST. All woody vegetation in city limits.

(Prior Code, § 22-26) (Ord.381, passed 4-22-2003)

§ 93.02 CREATION AND ESTABLISHMENT OF THE URBAN FORESTRY

COMMITTEE.

There is hereby created and established an Urban Forestry Committee for the City of Park

Rapids of which shall consist of 5 members who shall be appointed by the Mayor with approval

of the City Council. The members shall come from different interest groups and/or members of

the community, tree professionals, the street department and city government. The Urban

Forestry Committee consists of 3 private citizens, the Park Rapids City Planner, and 1 person

from the Park Rapids City Council. Ex-officio members will include the City Forester, 1 DNR

Forester, a University of Minnesota County Extension Agent (UMCEA), 1 representative from

the Hubbard County Natural Resource Management Office, and a representative of the Natural

Resource Conservation Service Office (NRCS). The Committee shall choose its own officers to

be approved by the Mayor and make its own rules and regulations. It shall keep a record of

meeting minutes and make sure that they are distributed to each member in a timely manner.

(Prior Code, § 22-27) (Ord. 381, passed 4-22-2003; Am. Ord. 428, passed 4-12-2005)

§ 93.03 TERMS OF OFFICE.

The term of all members will be 3 years, except the term of 2 members appointed to the

first Committee, they will serve 2 years and the term of 1 member appointed to the first

Committee will be for 1 year. In the event that a vacancy shall occur during the term of any

member, the successor shall be appointed for the unexpired portion of the term. Committee

members may not serve more than 3 consecutive terms. A Chairperson and Vice-Chairperson

will be elected through the nomination process and serve 1 year. These positions will be elected

into office the last meeting of the year.

(Prior Code, § 22-28) (Ord. 381, passed 4-22-2003)

§ 93.04 COMPENSATION.

Members of the Committee shall serve without compensation.

(Prior Code, § 22-29) (Ord. 381, passed 4-22-2003)

§ 93.05 DUTIES AND RESPONSIBILITIES.

(A) It shall be the responsibility of the Committee to study, investigate, counsel,

develop and administer a written plan for care, preservation, pruning, planting, replanting,

removal or disposition of trees and shrubs in parks, along streets and in other public areas. The

plan will constitute the official comprehensive tree plan. The Committee will provide the

Council with an annual update, preferably in April.

(B) The Committee shall promote and supervise the establishment of a tree inventory

for boulevard and park trees. The inventory shall be updated with the results of ground

inspection annually.

findings, report and recommend any special matter or question coming within the scope of its

work.

(D) The Committee will:

(1) Recommend the adoption and alteration of all rules, regulations and ordinances

which it shall, from time to time, deem in the public interest and most likely enhance and

beautify the urban forest;

(2) Recommend policies for the review and approval of capital projects where trees or

other vegetation will be planted on or removed from city property;

(3) Encourage landscaping, installation and maintenance on private property by

providing information on the value of landscaping and on the proper planting and care of trees

and other vegetation;

(4) Promote appreciation of trees and the urban forest through annual Arbor Day

observations and other activities in conjunction with the school district and community

organizations; and

(5) Review those portions of the city budget allocated for the planting and care of trees

and other vegetation and advise the City Administrator on the appropriateness of funding levels.

(Prior Code, § 22-30) (Ord. 381, passed 4-22-2003)

§ 93.06 TREE SPECIES TO BE PLANTED.

(A) The Urban Forestry Committee develops and maintains a list of desirable trees for

planting along streets in 3 size classes based on mature height:

(1) Small - under 20 feet;

(2) Medium - 20 to 40 feet; or

(3) Large - over 40 feet.

(B) Efforts shall be made to ensure a sufficient diversity of tree species.

(Prior Code, § 22-31) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

Environment 47

§ 93.07 SPACING.

(A) The spacing of trees will be in accordance with the 3 species size classes listed in

§ 93.06 of this chapter.

(B) Except in special plantings designed or approved by a landscape architect in

accordance with the Urban Forestry Committee, no tree may be planted closer than the

following:

(1) Small trees - 15 feet;

(2) Medium trees - 25 feet; or

(3) Large trees - 35 feet.

(Prior Code, § 22-32) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.08 DISTANCE FROM CURB TO SIDEWALK.

The distance trees may be planted from curbs or curb lines and sidewalks, will be in

accordance with the 3 species size classes listed in § 93.06 of this chapter. No trees may be

planted closer to any curb or sidewalk than 2 feet for small trees, 3 feet for medium or large

trees.

(Prior Code, § 22-33) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.09 DISTANCE FROM STREET CORNERS TO FIRE HYDRANTS.

No boulevard tree shall be planted within 35 feet of any street corner, measured from the

point of nearest intersecting curbs or curb lines. No street tree shall be planted within 10 feet of

any fire hydrant.

(Prior Code, § 22-34) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.10 BOULEVARD TREES.

(A) The planting of boulevard trees in residential developments of any size is required, with

the financing and planting of these trees being the responsibility of the landowner.

(B) A boulevard tree planting plan must be drawn up by the landowner and submitted to the

City Planner for approval at the time of the building permit application. This plan must follow

the specifications in the Park Rapids city ordinance and the City's Urban Forestry Committee

Technical Manual. The City will not grant the certificate of occupancy until the trees are

planted. At the discretion of the City Planner, an extension of no more than 9 months may be

granted due to circumstances beyond control of the landowner. Trees not planted within the time

frame noted above, will be planted by the city and the total cost assessed to the landowner.

mulching techniques must follow currently accepted recommendation. Watering of the trees is

the responsibility of the landowner after the planting of the tree.

(Prior Code, § 22-34A) (Ord. 428, passed 4-12-2005) Penalty, see § 93.99

§ 93.11 BOULEVARD TREES DAMAGED BY CONTRACTOR OR PROPERTY

OWNER.

(A) The replacement of public trees, removed or damaged for any reason by any person,

property owner, or contractor working within the city, is the full responsibility of that person,

property owner, or contractor.

(B) Replacement trees will be located on site if possible. If impossible to be located on site,

replacement trees shall be planted elsewhere in the city on public property, with the City Forester

determining the site.

Replacement tree size, species, and location must be in accordance with the tree ordinance and

technical manual. Trees must be planted prior to or within 1 year after completion of the project.

The tree stock life must be guaranteed for 2 years from the time of planting; and techniques must

follow currently accepted recommendation. Trees not planted within the time frame noted above

will be planted by the city. The cost assessed to the person, property owner, or contractor,

whichever is applicable.

(D) Replacement tree watering will be the responsibility of the city and adjacent landowner.

(E) Any tree damage occurring during a construction process involving the trunk, roots, or

branches greater than 2 inches in diameter must be brought to the attention of the City Forester

for evaluation regarding possible tree care or removal. Recommended care of the trunk, roots,

and branches greater than 2 inches in diameter will either be performed by the City Forester, the

contractor in conjunction with the City Forester, or by a tree contractor licensed in the city. The

care or replacement will be at the expense of the contractor.

(Prior Code, § 22-34B) (Ord. 428, passed 4-12-2005) Penalty, see § 93.99

§ 93.12 UTILITIES.

(A) No boulevard tree other than those species accepted as small trees by the Urban

Forestry Committee may be planted under, or within 10 feet of any overhead utility wire.

(B) The Urban Forestry Committee may remove or order to be removed, any tree or part

thereof which is in an unsafe condition, or which by reason of its nature, is injurious to sewers,

electric power lines, gas lines, water lines or other public improvements.

clear of the conductors by the electric utility company in compliance with any applicable

franchise agreements. The utility company and the Urban Forestry Committee should be

familiar with each ordinance and policies regarding these matters.

(Prior Code, § 22-35) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.13 PUBLIC TREE CARE.

(A) This chapter provides the Urban Forestry Committee with full power and

authority over all matters regarding trees, plants and shrubs located within street rights-of-way,

parks and public places of the city.

(B) The Urban Forestry Committee may remove or order to be removed, any trees or

parts thereof which are in an unsafe condition, due to factors such as disease, insect infestation or

trauma. This section does not prohibit the planting of boulevard trees by adjacent property

owners providing that the selection and location of the trees is in accordance with §§ 93.08

through 93.13 of this chapter and with approval of the City Forester. The city shall have the right

to plant, prune, maintain and remove all trees, plants, and shrubs within the rights-of-way of all

city streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure

public safety or to preserve or enhance public symmetry and beauty of the public grounds.

(Prior Code, § 22-36) (Ord. 381, passed 4-22-2003)

§ 93.14 PRUNING STANDARDS.

All tree pruning on public property shall conform to the ANSI A300 Standards for tree

care operations:

(A) 5.2.5.1. A thinning cut should be the preferred type of cut to make.

(B) 4.1.4.3. A thinning cut shall consist of the removal of a lateral branch at its point

of origin, or the shortening of a branch stem by cutting to a lateral large enough to assume the

terminal role.

within a growing season.

(Prior Code, § 22-37A) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.15 PRUNING AND CORNER CLEARANCE.

Every owner of any tree overhanging any street or right-of-way within the city shall prune

the branches so that the branches shall not severely obstruct the light from any street lamp or

obstruct view of any street intersection. There shall be a clear space 13 feet above street surface

or 8 feet above the sidewalk surface. The owner shall remove all dead, diseased, dangerous

trees, broken or decayed limbs which constitute a menace to the safety of the public. The city

shall have the right to prune any tree or shrub on private property when it interferes with the

proper spread of light along the street from a street light, or interferes with visibility of any

traffic control device or sign or sign triangle at intersections, also along any public driveway

access.

(Prior Code, § 22-37B) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.16 TREE TOPPING.

It shall be unlawful as a normal practice for any person, firm or city department to top any

boulevard tree, park tree, or other tree on public property. TOPPING is defined as the severe

cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to a degree

as to remove the normal canopy and disfigure the tree. Crown reduction by qualified personnel,

such as the City Forester may be substituted, where appropriate. Trees severely damaged by

storms or other causes, or certain trees under utility wires or other obstructions where other

pruning practices are impractical may be exempted from this chapter at the determination of the

Urban Forestry Committee.

(Prior Code, § 22-38) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.17 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY.

The city shall have the right to cause the removal of any dead or diseased tree on all

property within the city limits, when trees constitute a hazard to life and property, harbor insects

or disease which constitute a potential threat to other trees within the city. The City Forester will

notify in writing the owners of these trees. Removal shall be done by the owners at their own

expense within 30 days after the date of notice. In the event of failure to comply with these

provisions, the city shall have the authority to remove these trees and assess the cost of removal

on the owner's property tax notice. In the event the tree is deemed public, refer to § 93.13. For

the removal of public trees, the cost will be shared by the city and landowner on a 50% basis.

(Prior Code, § 22-39) (Ord. 381, passed 4-22-2003; Am. Ord. 441, passed 7-12-2005) Penalty,

see § 93.99

§ 93.18 REMOVAL OF TREE STUMPS.

All stumps of boulevard and park trees shall be removed, as deemed necessary by the City

Forester, below the surface of the ground so that the top of the stump shall not project above the

surface of the ground.

(Prior Code, § 22-40) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.19 PROTECTION AND PRESERVATION OF TREES.

(A) In order to maintain the overall forest, reasonable efforts shall be made to replace trees

that are removed and to protect quality trees that are endangered. Trees removed by decision of

the Urban Forestry Committee or by natural causes shall be replaced somewhere in the forest on

a 1 for 1 basis within 2 years. The location and species of any replacement tree shall be

determined by the Urban Forestry Committee.

(B) Trees of desirable species and good health shall be protected as much as possible from

damage during construction, sidewalk repair, utility work (above and below ground) and other

similar activities. The zone of protection shall include the ground beneath the canopy of the tree.

private residents regarding the protection and preservation of trees before commencement of

construction. A tree plan should be developed as part of the preliminary plan stage with the

counsel of the Urban Forestry Committee.

(Prior Code, § 22-41) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.20 INTERFERENCE WITH URBAN FORESTRY COMMITTEE.

It shall be unlawful for any person to prevent, delay or interfere with the Urban Forestry

Committee or any of its agents, while engaging in and about the planting, cultivating, mulching,

pruning, spraying, or removing of any boulevard trees, park trees, or trees on private grounds as

authorized in this chapter.

(Prior Code, § 22-42) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.21 ARBORISTS LICENSE AND BONDING.

It shall be unlawful for any person or any firm to engage in the business or occupation of

pruning, treating, or removing boulevard or park trees within the city without first applying for

and procuring a license. The license fee shall be $25 annually in advance; provided, however,

that no license shall be required of any public service company including electric utilities and

their agents and contractors or city employee doing the work in the pursuit of their public service

endeavors. Before any license shall be issued, each applicant shall first file evidence of

possession of liability insurance in the minimum amounts of $300,000 for bodily injury and

$100,000 property damage indemnifying the city or any person injured or damaged resulting

from the pursuit of the endeavors as herein described.

(Prior Code, § 22-43) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

52 Park Rapids - General Regulations

§ 93.22 INSURANCE.

Any contractor hired by the city must file evidence of possession of liability insurance in the

minimum amounts of $300,000 for bodily injury or death and $100,000 property damage

indemnifying the City of Park Rapids or any person injured or damage resulting from the pursuit

of the endeavors as herein described.

(Prior Code, § 22-44) (Ord. 381, passed 4-22-2003) Penalty, see § 93.99

§ 93.23 REVIEW BY CITY COUNCIL.

The City Council shall have the right to review the conduct, acts, and decisions of the Urban

Forestry Committee. The City Council may modify, affirm, or reserve any determination of the

Urban Forestry Committee. Any person aggrieved by any ruling or order of the Urban Forestry

Committee may appeal to the City Council, which shall hear the matter and make final decisions.

(Prior Code, § 22-45) (Ord. 381, passed 4-22-2003)

FIREWOOD AND STOCKPILING OF WOOD

§ 93.35 REGULATIONS ADOPTED BY REFERENCE.

MCAR §§ 1505.0010 through 1505.0600, Department of Agriculture, Shade Tree Program

(1978) together with amendments thereof to date, are hereby adopted by reference and made a

part of this code as if set out here in full, except as hereinafter provided. A copy of the agency

rules herewith incorporated is on file in the City Administration office.

(Prior Code, § 22-47) (Ord. 381, passed 4-22-2003)

§ 93.99 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific

penalty is prescribed shall be subject to § 10.99.

(B) Tree standards and Urban Forestry Committee.

(1) The costs the city incurs as a result of the property owners failure to comply

pursuant to §§ 93.01 et seq. are hereby made a lien upon the lot or premises served, and all the

charges which are on October 31 of each year past due and delinquent, shall be certified to the

County Auditor as taxes or

Environment 53

assessments on the real estate. Nothing in this division shall be held or construed as in any way

stopping or interfering with the right of the city to levy as taxes or assessments against any

premises affecting any delinquent or past due costs.

(2) Any person, firm, contractor or corporation who violates any provision of §§ 93.01

et seq. shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 or

imprisonment for not more than 90 days, or both. In addition thereto, the cost of prosecution

may be imposed upon the defendant and the court may order restitution to the city for damage to

the tree or public property.

(Prior Code, § 22-46) (Ord. 381, passed 4-22-2003)

CHAPTER 94: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES

Section

Street Excavations

94.001 Permit required

94.002 Application and regulations

94.003 Bond

94.004 General regulations for excavations

94.005 Refilling excavations

94.006 Pavement; city to replace

94.007 Excavations on state or federal highways

94.008 Map of subsurface installations

Street Lighting

94.020 System established

94.021 Billing; billing units

94.022 Assessment of unpaid bills

Obligation of Property Owners

94.035 Definitions

94.036 Personal liability

94.037 Assessment

94.038 Civil action

94.039 Snow, ice, dirt and rubbish

94.040 Public health and safety standards

94.041 Repair of sidewalks and alleys

Streets, Alleys and Boulevards

94.055 Streets and alleys

94.056 Boulevards

56 Park Rapids - General Regulations

Liability of City

94.070 Actions against city; notice

94.071 Receipt of notice

94.072 Record of notices

94.999 Penalty

STREET EXCAVATIONS

§ 94.001 PERMIT REQUIRED.

No person, except an authorized city employee or a contractor performing work under a

contract with the city, shall make any excavation in a street, alley, sidewalk, or public ground

without first having secured a permit therefor from the City Clerk.

(Prior Code, § 46-26) Penalty, see § 94.999

§ 94.002 APPLICATION AND REGULATIONS.

The City Clerk shall prepare the necessary application forms and permits required under §

94.001. He or she shall also prepare the rules and regulations with respect to excavations as he

or she finds necessary to protect the public from injury, prevent damage to public or private

property, and minimize interference with the public use of streets, alleys, sidewalks, and public

grounds. Any person making an excavation covered by this subchapter shall agree prior to the

issuance of the permit to comply with the rules and regulations set forth in this part.

(Prior Code, § 46-27) Penalty, see § 94.999

§ 94.003 BOND.

(A) Any permittee, except a public utility corporation shall file with the City Clerk a

plumbing contractor’s bond in the sum of $25,000 conditioned that the permittee will:

(1) Perform work in connection with the excavation in accordance with applicable

ordinances and regulations;

(2) Indemnify the city and hold it harmless from all damage caused in the execution of

the work; and

Streets, Sidewalks, and Other Public Places 57

(3) Pay all costs and damages suffered by the city by reason of the failure of the

permittee to observe the terms of applicable ordinances and regulations or because of negligence

in the execution of the work.

(B) Any permittee except a public utility corporation shall furnish proof that the permittee

has in existence an insurance policy protecting him or her from liability to the public, including

the city, to an amount equal to the maximum claim the city might be required to pay under M.S.

Chapter 466, as it may be amended from time to time.

(Prior Code, § 46-28) Penalty, see § 94.999

§ 94.004 GENERAL REGULATIONS FOR EXCAVATIONS.

Street openings shall be made in a manner that will cause the least inconvenience to the

public. The work shall be as directed by the Public Works Superintendent. Provision shall be

made for the passage of water along the gutters and at least ½ of the traveled portion of the street

shall be left open and in good condition for the safe passage of vehicles. Open excavations shall

be guarded with substantial barriers and marked with red flags and at night with red lights or

flashing devices. Pipes or mains exposed to freezing temperatures shall be protected so as to

prevent freezing. Any person responsible for exposing a city main or pipe so that it might be

damaged by freezing shall be liable to the city for all damages caused by the freezing and all

damages sustained by others by the freezing for which the city may be liable.

(Prior Code, § 46-29) Penalty, see § 94.999

§ 94.005 REFILLING EXCAVATIONS.

(A) Every street excavation shall be refilled as soon as possible after the work is completed

to the satisfaction of the Public Works Superintendent. All dirt and debris shall be removed

immediately.

(B) Any person who fails to comply with these requirements within 24 hours after notice

from the city shall be liable to the city for the full cost incurred by the city in remedying the

defect and restoring the street, sidewalk, alley, or public ground to its proper condition. The cost

shall be an obligation of the surety on the bond of the permittee.

(Prior Code, § 46-30) Penalty, see § 94.999

§ 94.006 PAVEMENT; CITY TO REPLACE.

(A) On all streets where the excavation must be made through bituminous surfacing,

concrete or other paving, the surface will be repaired or replaced by the city at the expense of the

property served.

58 Park Rapids - General Regulations

(B) After the surfacing has been repaired or replaced, the cost of making the repair or

replacement will be billed to the applicant.

(Prior Code, § 46-31) Penalty, see § 94.999

§ 94.007 EXCAVATIONS ON STATE OR FEDERAL HIGHWAYS.

When surfacing on a state or federal highway is to be disturbed, a permit must be obtained

from the Highway Department and their rules and regulations will govern.

(Prior Code, § 46-32) Penalty, see § 94.999

§ 94.008 MAP OF SUBSURFACE INSTALLATIONS.

The Water/Sewer Department shall maintain a map showing the location of city utilities and

other installations made beneath the surface of any public street, grounds, or right-of-way. The

information on the map shall be sufficiently complete and accurate to permit anyone making an

excavation in a public place having any underground installation to avoid damage to any existing

underground installation and to properly locate the same. Any new underground facilities shall

be recorded on the map as soon as practicable upon the issuance of an excavation permit or the

completion of a contract for the installation of city underground installations by the City

Engineering Department.

(Prior Code, § 46-33)

STREET LIGHTING

§ 94.020 SYSTEM ESTABLISHED.

The city street lighting system is established and continued. The system consists of street

lighting facilities, whether owned by the city or otherwise, for which the city purchases and

supplies electrical energy from a public utility.

(Prior Code, § 46-40)

§ 94.021 BILLING; BILLING UNITS.

(A) Unit defined. For purposes of this subchapter, a BILLING UNIT is any commercial

property with frontage abutting the target area affected by the downtown street lighting

excluding common public areas. A BILLING UNIT will be based upon the front footage of the

property along with 50% of the side footage in the case of corner lots.

Streets, Sidewalks, and Other Public Places 59

(B) Billing. The service charge will be set by the City Council on a per foot basis and

divided among the billing units according to the proportion of each unit's footage. The billing

clerk is to send bills to each billing unit on a bi-monthly basis and directed to the same person to

whom city sewer and water billings are sent for that unit. If a billing unit is not connected to the

city water or sewer system the bill is to be sent to the owner of the billing unit. Bills are to be

sent to all the units whether occupied or unoccupied.

payment equivalent to their total utility billing over 10 years with a reduction for a cost of money

calculation. This amount will be determined by the City Treasurer.

(Prior Code, § 46-41)

§ 94.022 ASSESSMENT OF UNPAID BILLS.

On or before October 1 of each year, the Clerk must list the total unpaid charges for street

lighting service against each separate lot or parcel to which they are attributable. The Council

will then spread the charges against property benefitted as a special assessment under M.S. §

429.101, as it may be amended from time to time, and other pertinent statutes for certification to

the director of property taxation of Hubbard County and collection the following year along with

the current taxes.

(Prior Code, § 46-42) (Ord. 280, passed 1997)

OBLIGATION OF PROPERTY OWNERS

§ 94.035 DEFINITIONS.

For the purpose of this subchapter, the following definition shall apply unless the context

clearly indicates or requires a different meaning.

CURRENT SERVICE. One or more of the following: snow, ice, or rubbish removal from

sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private

property; removal or elimination of public health or safety hazards from private property,

excluding any hazardous building included in M.S. §§ 463.15 to 463.261, as it may be amended

from time to time; installation or repair of water service lines; street sprinkling, street flushing,

light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; trimming and

care of trees and removal of unsound and insect-infected trees from the public streets or private

property; and the operation of a street lighting system.

(Prior Code, § 46-51)

60 Park Rapids - General Regulations

§ 94.036 PERSONAL LIABILITY.

The owner of property on which or adjacent to which a current service has been performed

shall be personally liable for the cost of the service. As soon as the service has been completed

and the cost determined, the City Clerk, or other designated official, shall prepare a bill and mail

it to the owner and thereupon the amount shall be immediately due and payable at the office of

the City Clerk.

(Prior Code, § 46-52) Penalty, see § 94.999

§ 94.037 ASSESSMENT.

(A) On or before September 1 of each year, the Clerk shall list the total unpaid charges for

each type of current service against each separate lot or parcel to which they are attributable

under this subchapter.

(B) The Council may then spread the charges against property benefitted as a special

assessment under M.S. § 429.101, as it may be amended from time to time, and other pertinent

statutes for certification to the County Auditor and collection along with current taxes the

following year or in annual installments, not exceeding 10, as the Council may determine in each

case.

(Prior Code, § 46-53)

§ 94.038 CIVIL ACTION.

The Clerk may bring a civil suit in any court of competent jurisdiction to recover the charges

for the current service from the person benefitted by the current service.

(Prior Code, § 46-54)

§ 94.039 SNOW, ICE, DIRT AND RUBBISH.

(A) Duty of owners and occupants. The owner and the occupant of any property adjacent to

a public sidewalk shall use diligence to keep the walk safe for pedestrians. No owner or

occupant shall allow snow, ice, dirt, or rubbish to remain on the walk longer than 24 hours after

its deposit thereon.

(B) Removal by city. The Public works Superintendent shall cause to be removed from all

public sidewalks all snow, ice, dirt and rubbish as soon as possible beginning 24 hours after any

matter has been deposited thereon or after the snow has ceased to fall. He or she shall keep a

record showing the cost of the removal adjacent to each separate lot and parcel and shall deliver

the information to the City Clerk.

(Prior Code, § 46-55) Penalty, see § 94.999

Streets, Sidewalks, and Other Public Places 61

§ 94.040 PUBLIC HEALTH AND SAFETY STANDARDS.

(A) When the city removes or eliminates public health or safety hazards from private

property under city ordinance, the administrative officer responsible for doing the work shall

keep a record of the cost of the removal or elimination against each parcel of property affected

and annually deliver the information to the City Clerk.

(B) This section does not apply to hazardous buildings under the hazardous building

law, M.S. §463.26, as it may be amended from time to time.

(Prior Code, § 46-56) Penalty, see § 94.999

§ 94.041 REPAIR OF SIDEWALKS AND ALLEYS.

(A) Duty of owner.

(1) The owner of any property within the city abutting a public sidewalk or

alley shall keep the sidewalk or alley in repair and safe for pedestrians.

(2) Repairs shall be made in accordance with the standard specifications

approved by the Council and on file in the office of the City Clerk.

(B) Inspections; notice.

(1) The Public Works Superintendent shall make inspections as are necessary

to determine that public sidewalks and alleys within the city are kept in repair and safe for

pedestrians or vehicles.

(2) If he or she finds that any sidewalk or alley abutting on private property is

unsafe and in need of repairs, he or she shall cause a notice to be served, by registered or

certified mail or by personal service, upon the record owner of the property and the occupant, if

the owner does not reside within the city or cannot be found therein ordering the owner to have

the sidewalk or alley repaired and made safe within 60 days and stating that if the owner fails to

do so, the Public Works Superintendent will do so on behalf of the city, that the expense thereof

must be paid by the owner, and that if unpaid it will be made a special assessment against the

property concerned.

(1) If the sidewalk or alley is not repaired within 60 days after receipt of the notice, the

Public Works Superintendent shall report the facts to the Council and the Council shall by

resolution order the Public Works Superintendent to repair the sidewalk or alley and make it safe

or order the work done by contract in accordance with law.

62 Park Rapids - General Regulations

(2) The Public Works Superintendent shall keep a record of the total cost of the repair

attributable to each lot or parcel of property and report the information to the City Clerk.

(Prior Code, § 46-57) Penalty, see § 94.999

STREETS, ALLEYS AND BOULEVARDS

§ 94.055 STREETS AND ALLEYS.

(A) Obstructions. It shall be unlawful for any person to store, pile or place upon any alley

or street any merchandise, waste material or other obstruction of any kind, provided it is not

unlawful for any person to place merchandise, which he or she may be receiving or delivering

for the purpose of unpacking or shipping, on that part of the street or alley adjacent to the

building owned or occupied by him or her so long as it does not obstruct traffic and does not

remain on the street or alley longer than reasonably necessary.

(B) Snow and ice, roofs. No person shall throw snow or ice from a building roof into a

street or alley or otherwise cause snow or ice to be put upon any street or alley.

(Prior Code, § 46-71) Penalty, see § 94.999

§ 94.056 BOULEVARDS.

(A) Definition. A BOULEVARD is that area of ground between the curb or boundary of a

road used for vehicular traffic and the sidewalk. If there is no sidewalk, the boundary shall be

the designated sidewalk line. If there be no sidewalk and no designated sidewalk line, the

boundary shall be the property line.

(B) Signs or structures. No person shall erect or place, or permit to be erected or placed

upon a boulevard any sign or structure except official signs or structures erected or placed

thereon by public authority.

(Prior Code, § 46-72) (Ord. 242, passed 1989; Am. Ord. 438, passed 6-28-2005) Penalty, see §

94.999

Streets, Sidewalks, and Other Public Places 63

LIABILITY OF CITY

§ 94.070 ACTIONS AGAINST CITY; NOTICE.

(A) Defects, obstructions. No civil action shall be maintained against the City of Park

Rapids for damages or injuries to person or property sustained by reason of any highway bridge

or culvert being defective, out of repair, unsafe, dangerous, or obstructed unless:

(1) Written notice of the defective, unsafe, dangerous, or obstructed condition was

received by the Clerk of the governing body or the County Highway Superintendent; and

(2) There was a failure or neglect within a reasonable time after giving of notice to

repair or remove the defect, danger, or obstruction complained of.

(B) Snow or ice. No action shall be maintained for damages or injuries to person or

property sustained solely in consequence of the existence of snow or ice upon any highway,

bridge, or culvert, unless:

(1) Written notice thereof, specifying the particular place was actually received by the

Clerk of the City of Park Rapids or Public Works Superintendent; and

(2) There was a failure or neglect to cause the snow or ice to be removed, or to make

the place otherwise reasonably safe within a reasonable time after the receipt of the notice.

(Prior Code, § 46-91) (Ord. 231, passed 1986) Penalty, see § 94.999

§ 94.071 RECEIPT OF NOTICE.

The Public Works Superintendent of Park Rapids shall transmit in writing to the Clerk of the

city within 10 days after the receipt thereof all written notices received by the Clerk pursuant to §

91.070 of this subchapter.

(Prior Code, § 46-92)

§ 94.072 RECORD OF NOTICES.

The Clerk of Park Rapids shall keep an indexed record, in a separate book, of all written

notices, which the Clerk shall receive pursuant to this subchapter of the existence of a defective,

unsafe, dangerous or obstructed condition in or upon, or of an accumulation of ice or snow upon

any county highway, bridge or culvert, which record shall state the date of receipt of the notice,

the nature and

64 Park Rapids - General Regulations

location of the condition stated to exist, and the name and address of the person from whom the

notice is received. The record of each notice shall be preserved for a period of 5 years after the

date it is received.

(Prior Code, § 46-93) (Ord. 231, passed 1986)

§ 94.999 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific

penalty is prescribed shall be subject to § 10.99.

(B) Obligation of property owners. Any person who violates any of the provisions of §§

94.035 et seq. shall be guilty of a petty misdemeanor.

(Prior Code, § 46-58)

seq. shall be guilty of a petty misdemeanor.

(Prior Code, § 46-73)

CHAPTER 95: RIGHT-OF-WAY MANAGEMENT

Section

General Provisions

95.01 Findings and purpose

95.02 Definitions

Administration

95.15 Administration

95.16 Utility Coordination Committee

95.17 Registration and right-of-way occupancy

95.18 Registration information

95.19 Reporting obligations

Permits

95.30 Permit requirement

95.31 Permit applications

95.32 Issuance of permit; conditions

95.33 Permit fees

95.34 Right-of-way patching and restoring

95.35 Joint application

95.36 Supplementary applications

95.37 Other obligations

95.38 Denial of permit

95.39 Installation requirements

95.40 Inspection

95.41 Work done without a permit

95.42 Supplementary notification

95.43 Revocation of permits

95.44 Mapping date

95.45 Location of facilities

95.46 Relocation of facilities

95.47 Pre-excavation facility and facilities location

95.48 Damage to other facilities

66 Park Rapids - General Regulations

95.49 Right-of-way vacation

95.50 Indemnification and liability

95.51 Abandoned and usable facilities

95.52 Appeal

95.53 Reservation of regulatory and police powers

95.54 Severability

GENERAL PROVISIONS

§ 95.01 FINDINGS AND PURPOSE.

The City Council of the City of Park Rapids has determined that it is in the best interest of

the city that the City Code be amended to provide a chapter regulating the public rights-of-way

located within the city and to provide for the issuance and regulation of right-of-way permits.

(Prior Code, § 48-1) (Ord. 299, passed 5-11-1999)

§ 95.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

APPLICANT. Any person requesting permission to excavate or obstruct a right-of-way.

CITY. The City of Park Rapids, Minnesota. For purposes of § 95.50, CITY means its

elected officials, officers, employees and agents.

CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security

provided at permittees option:

(1) Individual project bond;

(2) Cash deposit;

(3) Security of a form listed or approved under M.S. § 15.73, subdivision 3, as may be

amended from time to time;

(4) Letter of credit, in a form acceptable to the Local Governing Unit (LGU); and

(5) Self-insurance, in a form acceptable to the LGU.

Right-of-Way Management 67

DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation

in or disturbance in the right-of-way, resulting in the need to reconstruct the right-of-way earlier

than would be required if the excavation did not occur.

DEGRADATION COST. The cost to achieve a level of restoration as determined by the

city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to

13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950.

DEGRADATION FEE. The estimated fee established at the time of permitting by the

city to recover costs associated with the decrease in the useful life of the right-of-way caused by

the excavation, and which equals the degradation costs.

DELAY PENALTY. The penalty imposed as a result of unreasonable delays in right-of-

way construction.

DEPARTMENT. The Department of Public Utilities of the city.

DEPARTMENT INSPECTOR. Any person authorized by the supervisor to carry out

inspections related to the provisions of this chapter.

DIRECTOR. The Public Works Superintendent of the city, or his or her designee.

EMERGENCY. A condition that:

(1) Poses a clear and immediate danger to life or health, or of a significant

loss of property; or

(2) Requires immediate repair or replacement of facilities in order to restore

service to a customer.

EQUIPMENT. Any tangible asset used to install, repair, or maintain facilities in any

right-of-way.

EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any

part of a right-of-way.

EXCAVATION PERMIT. The permit which, pursuant to this chapter, must be obtained

before a person may excavate in a right-of-way. An excavation permit allows the holder to

excavate that part of the right-of-way described in the permit.

EXCAVATION PERMIT FEE. Money paid to the city by an applicant to cover the costs

as provided in § 95.33.

FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide

utility service.

LOCAL REPRESENTATIVE. A local person or persons, or designee of that person or

persons, authorized by a registrant to accept service and to make decisions for that registrant

regarding all matters within the scope of this chapter.

MANAGEMENT COSTS. The actual costs the city incurs in managing its rights-of-way,

including the costs, if incurred, as those associated with registering applicants; issuing,

processing, and verifying right-of-way permit applications; inspecting job sites and restoration

projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work;

determining the adequacy of right-of-way restoration; restoring work inadequately performed

after proving notice and the opportunity to correct the work; and revoking right-of-way permit.

MANAGEMENT COSTS do not include payment by a telecommunications right-of-way user

for the use of the right-of-way, the files and cost of litigation relating to the interpretation of M.S.

§§ 237.04, 237.16, 237.74, 237.163 and Chapter 238, as it may be amended from time to time, or

any ordinance enacted under those sections, or the city fees and costs related to appeals taken

pursuant to § 95.52 of this chapter.

OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open

passage over that or any part of the right-of-way.

OBSTRUCTION PERMIT. The permit which, pursuant to this chapter, must be obtained

before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage

over the specified portion of that right-of-way by placing equipment described therein on the

right-of-way for the duration specified therein.

OBSTRUCTION PERMIT FEE. Money paid to the city by a permittee to cover the costs

as provided in § 95.33.

PATCH or PATCHING.

(1) A method of pavement replacement that is temporary in nature.

(2) A PATCH consists of:

(a) The compaction of the subbase and aggregate base; and

(b) The replacement, in kind, of the existing pavement for a minimum of 2 feet

beyond the edges of the excavation in all directions.

(3) A PATCH is considered fill restoration only when the pavement is included in the

city's 5 year project plan.

PERMITTEE. Any person to whom a permit to excavate or obstruct a right-of-way has

been granted by the city under this chapter.

Right-of-Way Management 69

PERSON. Any natural or corporate person, business association or other business entity

including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public

or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other

legal entity.

REGISTRANT. Any person who:

(1) Has or seeks to have its equipment or facilities located in any right-of-

way; or

(2) In any way occupies or uses, or seeks to occupy or use the right-of-way or

place its facilities in the right-of-way.

RESTORE or RESTORATION. The process by which a right-of-way is returned to the

same condition and life expectancy that existed before excavation.

RESTORATION COST. The amount of money paid to the city by a permittee to achieve

the level of restoration according to plates 1 to 13 of PUC rules.

RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street,

cartway, bicycle lane and public sidewalk in which the city has an interest, including other

dedicated rights-of-way for travel purposes and utility easements of the city. A RIGHT-OF-

WAY does not include the airwaves above a RIGHT-OF-WAY with regard to cellular or other

nonwire telecommunications or broadcast service.

RIGHT-OF-WAY PERMIT. Either the excavation permit or the obstruction permit, or

both, depending on the context, required by this chapter.

SERVICE or UTILITY SERVICE. Includes but is not limited to:

(1) Those services provided by a public utility as defined in M.S. § 216B.02,

subdivisions 4 and 6, as it may be amended from time to time;

(2) Telecommunications, pipeline, community antenna television, fire and

alarm communications, water, electricity, light, heat, cooling energy, or power services;

(3) The services provided by a corporation organized for the purposes set

forth in M.S. § 300.03, as it may be amended from time to time;

(4) The services provided by a district heating or cooling system;

(5) Cable communications systems as defined in M.S. Chapter 238, as it may be

amended from time to time; and

(6) Telecommunication right-of-way user as defined in this chapter.

70 Park Rapids - General Regulations

SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more

of the right-of-way than allowed in, or to extend, a permit that had already been issued.

TELECOMMUNICATION RIGHTS-OF-WAY USER. A person owning or controlling a

facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is

used or is intended to be used for transporting telecommunication or other voice or data

information. For purposes of this chapter, a cable communication system defined and regulated

under M.S. Chapter 238, as it may be amended from time to time, and telecommunication

activities related to providing natural gas or electric energy services whether provided by a

public utility as defined in M.S. § 216B.02, as it may be amended from time to time, a

municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as

it may be amended from time to time, or a cooperative electric association organized under M.S.

Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS

RIGHT-OF-WAY USERS for purposes of this chapter.

UNUSABLE FACILITIES. Facilities in the right-of-way which have remained unused for

1 year and for which the registrant is unable to provide proof that it has either a plan to begin

using it within the next 12 months or a potential purchaser or user of the facilities.

(Prior Code, § 48-2) (Ord. 299, passed 5-11-1999)

ADMINISTRATION

§ 95.15 ADMINISTRATION.

The Director is the principal city official responsible for the administration of the rights-of-

way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or

all of the duties hereunder.

(Prior Code, § 48-3) (Ord. 299, passed 5-11-1999)

§ 95.16 UTILITY COORDINATION COMMITTEE.

The city may create an advisory Utility Coordination Committee. Participation on the

Committee is voluntary. It will be composed of any registrants that wish to assist the city in

obtaining information and by making recommendations regarding use of the right-of-way, and to

improve the process of performing construction work therein. The Director may determine the

size of the Committee and shall appoint members from a list of registrants that have expressed a

desire to assist the city.

(Prior Code, § 48-4) (Ord. 299, passed 5-11-1999)

Right-of-Way Management 71

§ 95.17 REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.

(A) Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of-

way or place any equipment or facilities in the right-of-way, including persons with installation

and maintenance responsibilities by lease, sublease or assignment, must register with the

Director. Registration will consist of providing application information and paying a registration

fee.

(B) Registration prior to work. No person may construct, install, repair, remove, relocate,

or perform any other work on, or use any facilities or any part thereof in any right-of-way

without first being registered with the Director.

city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area

of the right-of-way between their property and the street curb. Persons planting or maintaining

boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall

not be required to obtain any permits or satisfy any other requirements for planting or

maintaining the boulevard plantings or gardens under this chapter. However, nothing herein

relieves a person from complying with the provisions of the M.S. Chapter 216D, as it may be

amended from time to time, One Call Law.

(Prior Code, § 48-5) (Ord. 299, passed 5-11-1999)

§ 95.18 REGISTRATION INFORMATION.

(A) Information required. The information provided to the Director at the time of

registration shall include, but not be limited to:

(1) Each registrant's name, gopher one-call registration certificate number, address and

e-mail address if applicable, and telephone and facsimile numbers;

(2) The name, address and e-mail address, if applicable, and telephone and facsimile

numbers of a local representative. The local representative or designee shall be available at all

times. Current information regarding how to contact the local representative in an emergency

shall be provided at the time of registration;

(3) A certificate of insurance or self-insurance:

(a) Verifying that an insurance policy has been issued to the registrant by an

insurance company licensed to do business in the State of Minnesota, or a form of self insurance

acceptable to the Director;

72 Park Rapids - General Regulations

(b) Verifying that the registrant is insured against claims for personal injury,

including death, as well as claims for property damage arising out of the:

1. Use and occupancy of the right-of-way by the registrant, its officers,

agents, employees and permittees; and

2. Placement and use of facilities in the right-of-way by the registrant, its

officers, agents, employees and permittees, including, but not limited to, protection against

liability arising from completed operations, damage of underground facilities, and collapse of

property;

herein are in force and applicable and for whom defense will be provided as to all coverages;

(d) Requiring that the Director be notified 30 days in advance of cancellation of

the policy or material modification of a coverage term; and

(e) Indicating comprehensive liability coverage, automobile liability coverage,

Workers Compensation and umbrella coverage established by the Director in amounts sufficient

to protect the city and the public and to carry out the purposes and policies of this chapter;

(4) The city may require a copy of the actual insurance policies;

(5) If the person is a corporation, a copy of the certificate required to be filed under

M.S. § 300.06, as it may be amended from time to time, as recorded and certified to by the

Secretary of State; and

(6) A copy of the person's order granting a certificate of authority from the Minnesota

Public Utilities Commission or other applicable state or federal agency, where the person is

lawfully required to have the certificate from the Commission or other state or federal agency.

(B) Notice of changes. The registrant shall keep all of the information listed above current

at all times by providing to the Director information as to changes within 15 days following the

date on which the registrant has knowledge of any change.

(Prior Code, § 48-6) (Ord. 299, passed 5-11-1999)

Right-of-Way Management 73

§ 95.19 REPORTING OBLIGATIONS.

(A) Operations.

(1) Each registrant shall, at the time of registration and by December 1 of each year,

file a construction and major maintenance plan for underground facilities with the Director. The

plan shall be submitted using a format designated by the Director and shall contain the

information determined by the Director to be necessary to facilitate the coordination and

reduction in the frequency of excavations and obstructions of rights-of-way.

(2) The plan shall include, but not be limited to, the following information:

(a) The locations and the estimated beginning and ending dates of all projects to

be commenced during the next calendar year (in this section, a "next-year project"); and

(b) To the extent known, the tentative locations and estimated beginning and

ending dates for all projects contemplated for the 5 years following the next calendar year (in this

section, a "5-year project").

(3) The term PROJECT in this section shall include both next-year projects and 5-year

projects.

(4) By January 1 of each year the Director will have available for inspection in the

Director's office a composite list of all projects of which the Director has been informed in the

annual plans. All registrants are responsible for keeping themselves informed of the current

status of this list.

(5) Thereafter, by February 1, each registrant may change any project in its list of next-

year projects, and must notify the Director and all other registrants of all changes in the list.

Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another

registrant listed by the other registrant.

(B) Additional next-year projects. Notwithstanding the foregoing, the Director will not

deny an application for a right-of-way permit for failure to include a project in a plan submitted

to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the

project.

(Prior Code, § 48-7) (Ord. 299, passed 5-11-1999)

74 Park Rapids - General Regulations

PERMITS

§ 95.30 PERMIT REQUIREMENT.

(A) Permit required. Except as otherwise provided in this code, no person may

obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way

permit from the Director to do so.

(1) Excavation permit. An excavation permit is required by a registrant to

excavate that part of the right-of-way described in the permit and to hinder free and open passage

over the specified portion of the right-of-way by placing facilities described therein, to the extent

and for the duration specified therein.

(2) Obstruction permit. An obstruction permit is required by a registrant to

hinder free and open passage over the specified portion of right-of-way by placing equipment

described therein on the right-of-way, to the extent and for the duration specified therein. An

obstruction permit is not required if a person already possesses a valid excavation permit for the

same project.

(B) Permit extensions. No person may excavate or obstruct the right-of-way beyond

the date or dates specified in the permit unless the person:

(1) Makes a supplementary application for another right-of-way permit before

the expiration of the initial permit; and

(2) A new permit or permit extension is granted.

establish and impose a delay penalty for unreasonable delays in right-of-way excavation,

obstruction, patching, or restoration. The delay penalty shall be established from time to time by

City Council resolution.

(D) Permit display. Permits issued under this chapter shall be conspicuously

displayed or otherwise available at all times at the indicated work site and shall be available for

inspection by the Director.

(Prior Code, § 48-8) (Ord. 299, passed 5-11-1999)

§ 95.31 PERMIT APPLICATIONS.

Application for a permit is made to the Director. Right-of-way permit applications shall

contain, and will be considered complete only upon compliance with the requirements of the

following provisions:

(A) Registration with the Director pursuant to this chapter;

Right-of-Way Management 75

(B) Submission of a completed permit application form, including all required attachments,

and scaled drawings showing the location and area of the proposed project and the location of all

known existing and proposed facilities;

(1) Permit fees, estimated restoration costs, and other management costs;

(2) Prior obstructions or excavations;

(3) Any undisputed loss, damage, or expense suffered by the city because of applicant's

prior excavations or obstructions of the rights-of-way or any emergency actions taken by the

city; or

(4) Franchise or user fees, if applicable;

(D) When an excavation permit is requested for purposes of installing additional facilities,

and the posting of a construction performance bond for the additional facilities is insufficient, the

posting of an additional or larger construction performance bond for the additional facilities may

be required.

(Prior Code, § 48-9) (Ord. 299, passed 5-11-1999)

§ 95.32 ISSUANCE OF PERMIT; CONDITIONS.

(A) Permit issuance. If the applicant has satisfied the requirements of this chapter, the

Director shall issue a permit.

(B) Conditions. The Director may impose reasonable conditions upon the issuance of the

permit and the performance of the applicant thereunder to protect the health, safety and welfare

or when necessary to protect the right-of-way and its current use.

(Prior Code, § 48-10) (Ord. 299, passed 5-11-1999)

§ 95.33 PERMIT FEES.

(A) Excavation permit fee. The excavation permit fee shall be established by the Director in

an amount sufficient to recover the following costs:

(1) The city management costs; and

(2) Degradation costs, if applicable.

(B) Obstruction permit fee. The obstruction permit fee shall be established by the Director

and shall be in an amount sufficient to recover the city management costs.

issued without payment of excavation or obstruction permit fees. The city may allow applicant

to pay these fees within 30 days of billing.

(D) Non refundable. Permit fees that were paid for a permit that the Director has

revoked for a breach as stated in § 95.43 are not refundable.

(Prior Code, § 48-11) (Ord. 299, passed 5-11-1999)

§ 95.34 RIGHT-OF-WAY PATCHING AND RESTORING.

(A) Timing. The work to be done under the excavation permit; and the patching and

restoration of the right-of-way as required herein, must be completed within the dates specified

in the permit, increased by as many days as work could not be done because of extraordinary

circumstances beyond the control of the permittee or when work was prohibited as unseasonal or

unreasonable under § 95.37.

(B) Patch and restoration. Permittee shall patch its own work. The city may choose

either to have the permittee restore the right-of-way or to restore the right-of-way itself.

(1) City restoration. If the city restores the right-of-way, permittee shall pay

the costs thereof within 30 days of billing. If, during the 36 months following the restoration, the

pavement settles due to permittee's improper backfilling, the permittee shall pay to the city,

within 30 days of billing, all costs associated with having to correct the defective work.

(2) Permittee restoration. If the permittee restores the right-of-way itself, it

shall at the time of application for an excavation permit post a construction performance bond in

an amount determined by the Director to be sufficient to cover the cost of restoration. If, within

36 months after completion of the restoration of the right-of-way, the Director determines that

the right-of-way has been properly restored, the surety on the construction performance bond

shall be released.

standards and with the materials specified by the Director. The Director shall have the authority

to prescribe the manner and extent of the restoration, and may do so in written procedures of

general application or on a case-by-case basis. The Director in exercising this authority shall

comply with PUC standards for right-of-way restoration and shall further be guided by the

following considerations:

(1) The number, size, depth and duration of the excavations, disruptions, or

damage to the right-of-way;

(2) The traffic volume carried by the right-of-way; the character of the

neighborhood surrounding the right-of-way;

(3) The pre-excavation condition of the right-of-way; the remaining life-

expectancy of the right-of-way affected by the excavation;

(4) Whether the relative cost of the method of restoration to the permittee is in

reasonable balance with the prevention of an accelerated depreciation of the right-of-way that

would otherwise result from the excavation, disturbance or damage to the right-of-way; and

(5) The likelihood that the particular method of restoration would be effective in

slowing the depreciation of the right-of-way that would otherwise take place.

(D) Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its

work and shall maintain it for 36 months following its completion. During this 36 month period

it shall, upon notification from the Director, correct all restoration work to the extent necessary,

using the method required by the Director. The work shall be completed within 5 calendar days

of the receipt of the notice from the Director, not including days during which work cannot be

done because of circumstances constituting force majeure or days when work is prohibited as

unseasonal or unreasonable under § 95.37.

(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to

the condition required by the Director, or fails to satisfactorily and timely complete all

restoration required by the Director, the Director at its option may do the work. In that event the

permittee shall pay to the city, within 30 days of billing, the cost of restoring the right-of-way. If

permittee fails to pay as required, the city may exercise its rights under the construction

performance bond.

(F) Degradation cost in lieu of restoration.

(1) In lieu of right-of-way restoration, a right-of way user may elect to pay a

degradation fee.

(2) However, the right-of-way user shall remain responsible for patching and the

degradation fee shall not include the cost to accomplish these responsibilities.

(Prior Code, § 48-12) (Ord. 299, passed 5-11-1999)

§ 95.35 JOINT APPLICATION.

(A) Joint application. Registrants may jointly apply for permits to excavate or obstruct the

right-of-way at the same place and time.

(B) With city projects. Registrants who join in a scheduled obstruction or excavation

performed by the Director, whether or not it is a joint application by 2 or more registrants or a

single application are not required to pay the obstruction and degradation portions of the permit

fee.

which the Director does not perform, may share in the payment of the obstruction or excavation

permit fee. Registrants must agree among themselves as to the portion each will pay and indicate

the same on their applications.

(Prior Code, § 48-13) (Ord. 299, passed 5-11-1999)

§ 95.36 SUPPLEMENTARY APPLICATIONS.

(A) Limitation on area.

(1) A right-of-way permit is valid only for the area of the right-of-way specified in the

permit.

(2) No permittee may do any work outside the area specified in the permit, except as

provided herein.

(3) Any permittee which determines that an area greater than that specified in the

permit must be obstructed or excavated must before working in that greater area:

(a) Make application for a permit extension and pay any additional fees required

thereby; and

(b) Be granted a new permit or permit extension.

(B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the

permit. No permittee may begin its work before the permit start date or, except as provided

herein, continue working after the end date. If a permittee does not finish the work by the permit

end date, it must apply for a new permit for the additional time it needs, and receive the new

permit or an extension of the old permit before working after the end date of the previous permit.

This supplementary application must be done before the permit end date.

(Prior Code, § 48-14) (Ord. 299, passed 5-11-1999)

§ 95.37 OTHER OBLIGATIONS.

(A) Compliance with other laws. Obtaining a right-of-way permit does not relieve

permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all

fees required by the city or other applicable rule, law or regulation. A permittee shall comply

with all requirements of local, state and federal laws, including M.S. §§ 216D.01-.09 (One Call

Excavation Notice System), as it may be amended from time to time. A permittee shall perform

all work in conformance with all applicable codes and established rules and regulations, and is

responsible for all work done in the right-of-way pursuant to its permit, regardless of who does

the work.

(B) Prohibited work. Except in an emergency, and with the approval of the Director, no

right-of-way obstruction or excavation may be done when seasonally prohibited or when

conditions are unreasonable for this work.

C) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the

natural free and clear passage of water through the gutters or other waterways shall be interfered

with. Private vehicles of those doing work in the right-of-way may not be parked within or next

to a permit area, unless parked in conformance with city parking regulations. The loading or

unloading of trucks must be done solely within the defined permit area unless specifically

authorized by the permit.

(Prior Code, § 48-15) (Ord. 299, passed 5-11-1999)

§ 95.38 DENIAL OF PERMIT.

The Director may deny a permit for failure to meet the requirements and conditions of

this chapter or if the Director determines that the denial is necessary to protect the health, safety,

and welfare or when necessary to protect the right-of-way and its current use.

(Prior Code, § 48-16) (Ord. 299, passed 5-11-1999)

§ 95.39 INSTALLATION REQUIREMENTS.

The excavation, backfilling, patching and restoration, and all other work performed in the

right-of-way shall be done in conformance with engineering standards adopted by the PUC or

other applicable local requirements, in so far as they are not inconsistent with the PUC rules.

(Prior Code, § 48-17) (Ord. 299, passed 5-11-1999)

§ 95.40 INSPECTION.

(A) Notice of completion. When the work under any permit hereunder is completed,

the permittee shall furnish a completion certificate in accordance PUC Rules.

(B) Site inspection. Permittee shall make the work-site available to the Director and

to all others as authorized by law for inspection at all reasonable times during the execution of

and upon completion of the work.

(1) At the time of inspection the Director may order the immediate cessation

of any work which poses a serious threat to the life, health, safety, or well-being of the public.

(2) (a) The Director may issue an order to the permittee for any work

which does not conform to the terms of the permit or other applicable standards, conditions, or

codes.

(b) The order shall state that failure to correct the violation will be cause for

revocation of the permit.

the Director that the violation has been corrected. If the proof has not been presented within the

required time, the Director may revoke the permit pursuant to § 95.43.

(Prior Code, § 48-18) (Ord. 299, passed 5-11-1999)

§ 95.41 WORK DONE WITHOUT A PERMIT.

(A) Emergency situations.

(1) (a) Each registrant shall immediately notify the Director of any event regarding,

its facilities which it considers to be an emergency.

(b) The registrant may proceed to take whatever actions are necessary to respond

to the emergency.

shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the

requirements necessary to bring itself into compliance with this chapter for the actions it took in

response to the emergency.

(2) (a) If the Director becomes aware of an emergency regarding a registrants

facilities, the Director will attempt to contact the local representative of each registrant affected,

or potentially affected, by the emergency.

(b) In any event, the Director may take whatever action it deems necessary to

respond to the emergency, the cost of which shall be borne by the registrant whose facilities

occasioned the emergency.

(B) Non-emergency situations. Except in an emergency, any person who, without first

having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently

obtain a permit, and as a penalty pay double the normal fee for the permit, pay double all the

other fees required by the legislative code, deposit with the Director the fees necessary to correct

any damage to the right-of-way and comply with all of the requirements of this chapter.

(Prior Code, § 48-19) (Ord. 299, passed 5-11-1999)

§ 95.42 SUPPLEMENTARY NOTIFICATION.

If the obstruction or excavation of the right-of-way begins later or ends sooner than the date

given on the permit, permittee shall notify the Director of the accurate information as soon as

this information is known.

(Prior Code, § 48-20) (Ord. 299, passed 5-11-1999)

Right-of-Way Management 81

§ 95.43 REVOCATION OF PERMITS.

(A) Substantial breach. The city reserves its right, as provided herein, to revoke any

right-of-way permit, without a fee refund, if there is a substantial breach of the terms and

conditions of any statute, ordinance, rule or regulation, or any material condition of the permit.

A substantial breach by permittee shall include, but shall not be limited to, the following:

(1) The violation of any material provision of the right-of-way permit;

(2) An evasion or attempt to evade any material provision of the right-of-way

permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its

citizens;

(3) Any material misrepresentation of fact in the application for a right-of-

way permit;

(4) The failure to complete the work in a timely manner; unless a permit

extension is obtained or unless the failure to complete work is due to reasons beyond the

permittee's control; or

(5) The failure to correct, in a timely manner, work that does not conform to a

condition indicated on an order issued pursuant to § 95.40.

(B) Written notice of breach. If the Director determines that the permittee has

committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation

or any condition of the permit the Director shall make a written demand upon the permittee to

remedy the violation. The demand shall state that continued violations may be cause for

revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or

her discretion, or place additional or revised conditions on the permit to mitigate and remedy the

breach.

breach, permittee shall provide the Director with a plan, acceptable to the Director, that will cure

the breach. Permittee's failure to so contact the Director, or the permittee's failure to submit an

acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause

for immediate revocation of the permit.

(D) Reimbursement of city costs. If a permit is revoked, the permittee shall also

reimburse the city the city's reasonable costs, including restoration costs and the costs of

collection and reasonable attorney’s fees incurred in connection with the revocation.

(Prior Code, § 48-21) (Ord. 299, passed 5-11-1999)

§ 95.44 MAPPING DATE.

(A) Information required. Each registrant shall provide mapping information required

by the Director in accordance with PUC Rules.

(B) Trade secret information. At the request of any registrant, any information requested

by the Director, which qualifies as a trade secret under M.S.§ 13.37(b), as it may be amended

from time to time, shall be treated as trade secret information as detailed therein.

(Prior Code, § 48-22) (Ord. 299, passed 5-11-1999)

§ 95.45 LOCATION OF FACILITIES.

(A) Undergrounding. Unless otherwise permitted by an existing franchise or M.S. 216B.34,

as it may be amended from time to time, or unless existing above-ground facilities are repaired

or replaced, new construction and the installation of new facilities and replacement of old

facilities shall be done underground or contained within buildings or other structures in

conformity with applicable codes.

(B) Corridors.

(1) The Director may assign specific corridors within the right-of-way, or any

particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to

current technology, the Director expects will someday be located within the right-of-way. All

excavation, obstruction, or other permits issued by the Director involving the installation or

replacement of facilities shall designate the proper corridor for the facilities at issue.

(2) Any registrant who has facilities in the right-of-way in a position at variance with

the corridors established by the Director shall, no later than at the time of the next reconstruction

or excavation of the area where the facilities are located, move the facilities to the assigned

position within the right-of-way, unless this requirement is waived by the Director for good

cause shown, upon consideration of factors such as the remaining economic life of the facilities,

public safety, customer service needs, and hardship to the registrant.

way that have not been registered shall be deemed to be a nuisance. The city may exercise any

remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or

taking possession of the facilities and restoring the right-of-way to a useable condition.

the right-of-way and its current use, the Director shall have the power to prohibit or limit the

placement of new or additional facilities within the right-of-way. In making decisions, the

Director shall strive to the extent possible to accommodate all existing and potential users of the

right-of-way, but shall be guided primarily by considerations of the public interest, the public's

needs for the particular utility service, the condition of the right-of-way, the time of year with

respect to essential utilities, the protection of existing facilities in the right-of-way, and future

city plans for public improvements and development projects which have been determined to be

in the public interest.

(Prior Code, § 48-23) (Ord. 299, passed 5-11-1999)

§ 95.46 RELOCATION OF FACILITIES.

(A) A registrant must promptly and at its own expense, with due regard for seasonal

working conditions, permanently remove and relocate its facilities in the right-of-way whenever

the Director for good cause requests the removal and relocation, and shall restore the right-of-

way to the same condition it was in prior to the removal or relocation.

(B) The Director may make the request to prevent interference by the company's equipment

or facilities with:

(1) A present or future city use of the right-of-way;

(2) A public improvement undertaken by the city;

(3) An economic development project in which the city has an interest or investment;

(4) When the public health, safety and welfare require it; or

(5) When necessary to prevent interference with the safety and convenience of

ordinary travel over the right-of-way.

facilities from any right-of-way which has been vacated in favor of a non-governmental entity

unless and until the reasonable costs thereof are first paid to the person therefor.

(Prior Code, § 48-24) (Ord. 299, passed 5-11-1999)

§ 95.47 PRE-EXCAVATION FACILITY AND FACILITIES LOCATION.

(A) In addition to complying with the requirements of M.S. §§ 216D.01-.09 (One Call

Excavation Notice System), as it may be amended from time to time, before the start date of any

right-of-way excavation, each registrant who has facilities or equipment in the area to be

excavated shall mark the horizontal and approximate vertical placement of all facilities.

(B) Any registrant whose facilities are less than 20 inches below a concrete or asphalt

surface shall notify and work closely with the excavation contractor to establish the exact

location of its facilities and the best procedure for excavation.

(Prior Code, § 48-25) (Ord. 299, passed 5-11-1999)

84 Park Rapids - General Regulations

§ 95.48 DAMAGE TO OTHER FACILITIES.

When the Director does work in the right-of-way and finds it necessary to maintain,

support, or move a registrant's facilities to protect it, the Director shall notify the local

representative as early as is reasonably possible. The costs associated therewith will be billed to

that registrant and must be paid within 30 days from the date of billing. Each registrant shall be

responsible for the cost of repairing any facilities in the right-of-way which it or its facilities

damages. Each registrant shall be responsible for the cost of repairing any damage to the

facilities of another registrant caused during the city's response to an emergency occasioned by

that registrant's facilities.

(Prior Code, § 48-26) (Ord. 299, passed 5-11-1999)

§ 95.49 RIGHT-OF-WAY VACATION.

(A) Reservation of right. If the city vacates a right-of-way which contains the

facilities of a registrant, and if the vacation does not require the relocation of registrant's or

permittee's facilities the city shall reserve, to and for itself and all registrants having facilities in

the vacated right-of-way, the right to install, maintain and operate any facilities in the vacated

right-of-way and to enter upon the right-of-way at any time for the purpose of reconstructing,

inspecting, maintaining or repairing the same.

(B) Relocation of facilities. If the vacation requires the relocation of registrant's or

permittee's facilities and:

(1) If the vacation proceedings are initiated by the registrant or permittee, the

registrant or permittee must pay the relocation costs;

(2) If the vacation proceedings are initiated by the city, the registrant or

permittee must pay the relocation costs unless otherwise agreed to by the city and the registrant

or permittee; or

(3) If the vacation proceedings are initiated by a person or persons other than

the registrant or permittee, the other person or persons must pay the relocation costs.

(Prior Code, § 48-27) (Ord. 299, passed 5-11-1999)

§ 95.50 INDEMNIFICATION AND LIABILITY.

By registering with the Director, or by accepting a permit under this chapter, a registrant

or permittee agrees as follows:

(A) Limitation of liability. By reason of the acceptance of a registration or the grant of a

right-of-way permit, the city does not assume any liability for:

(1) Injuries to persons, damage to property, or loss of service claims by parties other

than the registrant or the city; or

(2) For claims or penalties of any sort resulting from the installation, presence,

maintenance, or operation of facilities by registrants or activities of registrants.

(B) Indemnification.

(1) As a condition for the use of a permit issued by the city authorizing a permittee to

obstruct or excavate on or within a right-of-way for the installation, maintenance, or repair of

permittee's facilities in a right-of-way, the permittee shall defend, indemnify, and hold harmless

the city from all liability or claims of liability for bodily injury or death to persons or property

damage in which the claims:

(a) Allege negligent or otherwise wrongful acts or omissions of the permittee or its

employees, agents or independent contractors in installing, maintaining, or repairing the

permittee's facilities; or

(b) Are based on the city's negligence or otherwise wrongful act or omission in

issuing the permit or in failing to properly or adequately inspect or enforce compliance with the

terms, conditions, or purposes of the permit or permits granted to permittee.

(2) Registrant or permittee shall indemnify, keep, and hold the city free and harmless

from any and all liability on account of injury to persons or damage to property occasioned by

the issuance of permits or by the construction, maintenance, repair, inspection, or operation of

registrant's or permittee's facilities located in the right-of-way.

(3) Except to the extent authorized in this division (B) above regarding the issuance of

permits or inspection or enforcement thereof, or unless otherwise provided in an applicable

franchise agreement, the city shall not be indemnified for losses or claims occasioned by the

negligent or otherwise wrongful act or omission by the city.

(1) If a suit is brought against the city under circumstances where the registrant or

permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall

defend the city in the suit if written notice of the suit is promptly given to the registrant or

permittee within a period in which the registrant or permittee is not prejudiced by the lack or

delay of notice.

(2) If the registrant or permittee is required to indemnify and defend, it shall thereafter

have control of the litigation, but the registrant or permittee may not settle the litigation without

the consent of the city. Consent will not be unreasonably withheld.

(3) This part is not, as to third parties, a waiver of any defense, immunity, or damage

limitation otherwise available to the city.

(4) In defending an action on behalf of the city, the registrant or permittee is entitled to

assert in an action every defense, immunity, or damage limitation that the city could assert in its

own behalf.

(Prior Code, § 48-28) (Ord. 299, passed 5-11-1999)

§ 95.51 ABANDONED AND USABLE FACILITIES.

(A) Discontinued operations. A registrant who has determined to discontinue its

operations in the city must either:

(1) Provide information satisfactory to the Director that the registrant's

obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by

another registrant; or

(2) Submit to the Director a proposal and instruments for transferring

ownership of its facilities to the city. If a registrant proceeds under this clause, the city may, at

its option:

(a) Purchase the facilities;

(b) Require the registrant, at its own expense, to remove it; or

reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.

(B) Abandoned facilities.

(1) Facilities of a registrant who fails to comply with division (A) above of

this section and which, for 2 years, remains unused shall be deemed to be abandoned.

(2) Abandoned facilities is deemed to be a nuisance.

(3) The city may exercise any remedies or rights it has at law or in equity,

including, but not limited to:

(a) Abating the nuisance;

(b) Taking possession of the facilities and restoring it to a useable

condition; or

successor in interest.

shall remove it from that right-of-way during the next scheduled excavation, unless this

requirement is waived by the Director.

(Prior Code, § 48-29) (Ord. 299, passed 5-11-1999)

§ 95.52 APPEAL.

(A) (1) A right-of-way user may have the denial, revocation, or fee imposition reviewed,

upon written request, by the City Council, provided that he or she:

(a) Has been denied registration;

(b) Has been denied a permit;

(d) Believes that the fees imposed are invalid.

(2) The City Council shall act on a timely written request at its next regularly

scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee

imposition will be in writing and supported by written findings establishing the reasonableness

of the decision.

(B) Upon affirmation by the City Council of the denial, revocation, or fee imposition. the

right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding

arbitration must be before an arbitrator agreed to by both the City Council and right-of-way user.

If the parties cannot agree on an arbitrator, the matter must be resolved by a 3 person arbitration

panel made up of 1 arbitrator selected by the city, 1 arbitrator selected by the right-of-way user

and 1 selected by the other 2 arbitrators. The costs and fees of single arbitrator shall be borne

equally by the city and right-of-way user. In the event there is a third arbitrator, each party shall

bear the expense of its own arbitrator and shall jointly and equally bear with the other party the

expense of the third arbitrator and of the arbitration.

(Prior Code, § 48-30) (Ord. 299, passed 5-11-1999)

§ 95.53 RESERVATION OF REGULATORY AND POLICE POWERS.

A permittee's or registrant's rights are subject to the regulatory and police powers of the city

to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the

public.

(Prior Code, § 48-31) (Ord. 299, passed 5-11-1999)

§ 95.54 SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any

reason held invalid or unconstitutional by any court or administrative agency of competent

jurisdiction, the portion shall be deemed separate, distinct, and independent provision and the

holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a

court of competent jurisdiction should determine by a final, non-appealable order that any

permit, right or registration issued under this chapter or any portions of this chapter illegal or

unenforceable, then any permit, right or registration granted or deemed to exist hereunder shall

considered as a revocable permit with a mutual right in either party to terminate without cause

upon giving 60 days written notice to the other. The requirements and conditions of a revocable

permit shall be the same requirements and conditions as set forth in the permit, right or

registration, on, respectively, except for conditions relating to the term of the permit and the right

of termination. Nothing in this chapter precludes the city from requiring a franchise agreement

with the applicant, as allowed by law, in addition to requirements set forth herein.

(Prior Code, § 48-32) (Ord. 299, passed 5-11-1999)

CHAPTER 96: PUBLIC PROPERTY/FACILITIES REGULATIONS

Section

General Provisions

96.001 Permits

96.002 Provisions of application

96.003 Processing of application for permits

96.004 Procedures for review; waivers

96.005 Fees

96.006 Duration of permit

96.007 Transfers

96.008 Inspection

96.009 Duties of permittee

96.010 Revocation

96.011 Postings and circulations prohibited

Dances

96.025 Purpose

96.026 Definitions

96.027 Special event dance permit required; exceptions

96.028 Permit application; verification and consideration

96.029 Permit fees

96.030 Permit restrictions

Outdoor Concerts/Music Events

96.045 Purpose

96.046 Definitions

96.047 Permit required

96.048 Permit application

96.049 Permit fees

96.050 Exemptions from permit fee and application

90 Park Rapids - General Regulations

Parades

96.065 Definitions

96.066 Permit required

96.067 Exceptions

96.068 Application

96.069 Review by Police Chief

96.070 Standards for issuance

96.071 Notice of rejection

96.072 Alternative permit

96.073 Notice to other officials

96.074 Public conduct during parades

Park Regulations

96.090 Purpose

96.091 Definitions

96.092 General conduct

96.093 Protection of natural resources and wildlife

96.094 Camping

96.095 Swimming

96.096 Boating

96.097 Horseback riding

96.098 Bicycling

96.099 Meetings, speeches, demonstrations and parades

96.100 Vehicles

96.101 Motorized recreation vehicle

96.102 Park operation

96.999 Penalty

GENERAL PROVISIONS

§ 96.001 PERMITS.

(A) General rule. Except as otherwise provided in this code, all permits granted by the city

shall be governed by the provisions of this chapter.

Public Property/Facilities Regulations 91

(B) Acts prohibited. No person shall conduct any activity or use any property for which a

permit is required by law or this code without a currently valid permit for the activity or use.

provided by him or her. It shall be accompanied by payment to the Clerk of the prescribed fee.

If, after investigation, the City Clerk is satisfied that all requirements of law and this code have

been met, he or she shall present the application to the Council for action or, if the permit does

not require Council approval, he or she shall issue the permit. All permits required under this

chapter must be submitted no less than 14 days prior to the event. Failure to submit a permit

application within this timeframe shall result in a double fee. If the event involves more than 1

location, a separate application will be required for each location.

(D) Bond. Where a bond is required for any permit, the bond shall be a corporate surety

bond executed on a form approved by the city and shall be filed with the Clerk before the permit

is issued. Except where otherwise provided, a bond shall be conditioned that the permittee shall

comply with the applicable ordinance and laws pertaining to the permitted activity and that the

permittee will indemnify the city and save it harmless from all loss or damage by reason of

inadequate work performed by him or her or by reason of accident caused by the negligence of

the permittee, his or her agents or employees.

(E) Insurance. Applicant shall provide the city with a certificate from an insurer evidencing

liability insurance coverage prior to applicant's use of city property as part of the application

process. The certificate shall also provide that the insurer shall give the city reasonable advance

notice of insurer's intent to cancel the insurance coverage provided.

(1) Commercial or organizational applicants shall procure and maintain at all times

during its use of city facilities property, liability insurance coverage in the amount of $300,000

and shall name the City of Park Rapids as an additional insured thereunder. A certificate of

liability insurance shall be required for all organizations and contractors involved in the public

event.

(2) Applicants for personal/private use, such as a wedding or family reunion, shall

provide a certificate of insurance from the applicant's homeowner's policy. The policy should

include host liquor liability coverage. The requirement for naming the city as an additional

insured shall be waived for these personal uses.

(F) Permit required. A permit is required to reserve public property/facilities to conduct

any public or private activities on/in public property/facilities that meet any of the following

criteria:

(1) An event involving more than 100 individuals;

(2) To conduct a parade on city streets;

92 Park Rapids - General Regulations

(3) To circulate, distribute, display or post any leaflets, handbills, notices, pamphlets,

books, placards, circulars, documents or papers/writing containing commercial advertising

matter of any kind in any indoor facility, event center, city administration building, public parks

or streets, or other special facility within the city;

(4) Conduct any exhibit, music or dramatic performance, craft fair, circus, concert,

play, sales event, commercial sporting event, radio or television broadcast (other than a news

transmission);

(5) Exhibit or display any motion picture, television program, light, laser light or

fireworks display, or similar event;

(6) Use of any electrical or electronic devise or equipment requiring outdoor auxiliary

power or the creation or emission of any amplified sound for the purpose of a street dance or

public gathering;

(7) Station or erect any building, tent, canopy, stand, bandstand, stage, tower, scaffold,

sound stage, platform, rostrum or other structure; and

(8) Exhibit on public property any tame, non-domestic supervised and controlled or

restrained animal for limited non-commercial or promotional purposes.

(G) Permit limitations. No activity involving more than 500 individuals shall be held

within 2,500 feet or within 2 hours of any other activity involving more than 500 individuals.

(H) Security deposit.

(1) For any activity described in this chapter, no application for permit shall be granted

unless the applicant has paid, within the time prescribed by the City Clerk, the security deposit in

an amount in accordance with the schedule of fees set by the City Council and found in Chapter

36 of the City Code.

(2) The amount of the security deposit will include, but is not limited to the following:

(a) The estimated cost of policing; and

(b) The estimated costs of cleaning up and restoring the area upon the conclusion

of the use or activity.

(3) The security deposit shall be deposited by the City Clerk.

Public Property/Facilities Regulations 93

(4) Promptly after the conclusion of a permitted activity, the city shall inspect the

premises and equipment used by the permittee.

(a) If it is determined that there has been no damage to the city property or

equipment, beyond reasonable wear and tear, the security deposit shall be refunded, minus city

incurred costs for policing or cleaning up the area, within 30 days of the conclusion of the

permitted event.

(b) If it is determined by the inspection, that the permitted event proximately

caused damage to city property in excess of normal wear and tear and which requires repairs in

excess of routine maintenance or determined that fines shall be assessed against the permittee

pursuant to this chapter, § 96.005 (D), the city shall retain the security deposit or any portion

thereof, necessary to pay for the cost of repair or any fines assessed against the permittee. The

City Clerk or his or her designee shall give written notice of the assessment of damages or fines

and retention of the security deposit to the permittee by personal delivery or by deposit in the

United States mail, with proper postage prepaid to the name and address set forth in the

application for permit. Any assessment of damages or fines in excess of the security deposit

shall be paid to the city within 10 days after notice of the assessment of damages or fine is sent.

Retention of all or a portion of a security deposit above any actual city costs shall be subject to

the appeal procedures contained in § 96.005. An assessment of damages or fines in excess of the

security deposit shall be subject to the appeal procedures contained in § 96.005.

(Prior Code, § 47-1)

§ 96.002 PROVISIONS OF APPLICATION.

Applicant shall provide the city with information and adequate proof that the following

provisions have been addressed:

(A) Name, address and applicable phone numbers of the event coordinator. Provide name

and phone number of a person who can respond to concerns before and during the event.

(B) Event overview including intent or purpose of the event, number of persons expected to

attend, type and number of organizations involved, attendance fees, public or private event, event

sponsor(s), and types of activities taking place.

driveways, streets, alleys, parking locations, location of temporary structures, temporary

restrooms or any cordoned off areas.

(D) Location and number of any off-site parking, if necessary. Written permission from

property owners is required. If off-site parking is not within walking distance, include

transportation arrangements.

94 Park Rapids - General Regulations

(E) Copies of additional permits that are required for the event, these permits may include

but are not limited to transient merchant license(s), gambling permit, temporary on-sale 3.2%

malt liquor or intoxicating liquor license or fireworks permit.

(F) Documentation from the Chief of Police that there will be adequate security for the

event, either privately provided or provided by the Park Rapids Police Department. The decision

on the type, number of security officers shall be decided by the Chief of Police for the City of

Park Rapids.

(G) In the case where a public street is to be closed for an event, the event coordinator shall

also provide documentation that all affected property owners abutting the street that is proposed

to be closed have been notified and have been given an opportunity to comment on the

application.

(Prior Code, § 47-2)

§ 96.003 PROCESSING OF APPLICATION FOR PERMITS.

(A) Order. Application for permits shall be processed in order of receipt, and the use of a

particular area shall be allocated in order of receipt of fully executed applications accompanied

by the application fee.

(B) Conditional approval. Applications for permits for activities or events which require

insurance, approval or permits from other governmental entities, or compliance with other terms

or conditions, will be reviewed and, if the application otherwise conforms to all other

requirements, a conditional approval will be issued. If, within the time frame prescribed by the

City Council, any required fee or security deposit is not paid, or an insurance certificate

evidencing the requisite insurance is not filed with the City Clerk, or the approval or permit of

other governmental entities has not been received, or the other terms and conditions have not

been met, the conditional approval will automatically expire, the application for permit will be

deemed denied and written notices of denial will be sent to the applicant. No permit shall be

issued unless all applicable fees and security deposits are paid within the times prescribed by the

City Council. Failure to pay fees or security deposit within that time frame shall cause the

application to be deemed denied and further notice sent to the applicant.

(1) Notice of denial of an application for permit shall clearly set forth the grounds upon

which the permit was denied and, where feasible, shall contain a proposal by the city for

measures by which the applicant may cure any defects in the application for permit or otherwise

procure a permit.

Public Property/Facilities Regulations 95

(2) To the extent permitted by law, the City Clerk may deny an application for

permit if the applicant or the person on whose behalf the application for permit was made has on

prior occasions made material misrepresentations regarding the nature or scope of an event or

activity previously permitted or has violated the terms of prior permits issued to or on behalf of

the applicant. The City Clerk may also deny an application for permit on any of the following

grounds:

(a) The application for permit (including any required attachments and

submissions) is not fully completed and executed;

(b) The applicant has not tendered the required application fee,

indemnification agreement, insurance certificate, or security deposit as required by this chapter;

misrepresentation;

(d) The applicant is legally incompetent to contract or to sue and be

sued;

(e) The applicant or the person on whose behalf the application for

permit was made has on prior occasions damaged city property and has not paid in full for the

damage, or has other outstanding and unpaid debts to the city;

(f) A duly executed prior application for permit for the same time and

place has been received, and a permit has or will be granted to a prior applicant authorizing uses

or activities which do not reasonably permit multiple occupancy of the particular area;

(g) The use or activity intended by the applicant would conflict with

previously planned programs organized and conducted by the city and previously scheduled for

the same time and place;

(h) The proposed use or activity is prohibited or inconsistent with the

classifications and uses of the area designated pursuant to this chapter and the inventory

maintained by the City Clerk;

(i) The use or activity intended by the applicant would present an

unreasonable danger to the health or safety of the applicant, or other users of the area, employees

or of the public;

(j) The applicant has not complied or cannot comply with applicable

licensure requirements, ordinances or regulation of the city concerning the sale or offering for

sale of any goods or services; or

(k) The use or activity intended by the applicant is prohibited by law,

by this code and ordinances of the city, or by regulations of the City Council.

(D) Issuance of a permit. If the application is complete (including any required attachments

and submission) and properly executed, the City Clerk may issue a permit under this chapter for

any permitted use. If the proposed activity or event requires that a public street be closed, the

application shall be forwarded to the City Council for their approval or denial.

(Prior Code, § 47-3)

§ 96.004 PROCEDURES FOR REVIEW; WAIVERS.

(A) Review by City Administrator.

(1) Any applicant who is denied a permit, or a permittee who has had all or a portion of

their security deposit retained because they were assessed damages or a fine pursuant to this

chapter may, within 7 days of the service of notice of the determination, file a written appeal

from the determination with the City Administrator;

(2) The City Administrator shall have 7 days from the date on which the appeal was

received in which to serve upon the applicant a notice that he or she has affirmed, modified or

reversed the denial of a permit or the retention of the security deposit;

(3) The notice shall be deemed served upon that applicant or permittee when it is

personally delivered, or when it is sent by United States mail, with proper postage prepaid, to the

name and address set forth on the application for permit.

(B) Review by City Council. If, after receipt of the decision by the City Administrator, any

applicant who is denied a permit or a permittee who has had all or a portion of their security

deposit retained because they were assessed damages or a fine pursuant to this chapter may

appeal the City Administrator's decision to the City Council within 7 days.

grounds upon which it is asserted the determination should be modified or reversed and shall be

accompanied by copies of the application for permit, the written notice of the determination of

the city and any other papers material to the determination.

(D) Fines.

(1) Civil penalties. The violation by a permittee of the terms of his or her permit or the

laws and regulations of the City of Park Rapids shall subject the permittee to a civil fine of up to

$500 per day. Each day that a violation continues shall be deemed a separate violation. The

fines may be assessed against any security deposit held by the city on behalf of the permittee,

pursuant to this chapter, § 96.001 (H). Any assessment of fines in excess of any security deposit

shall be subject to the procedures contained in § 96.001 (H)(2).

Public Property/Facilities Regulations 97

(2) Petty misdemeanor penalties. Violations may also be charged as petty

misdemeanors, each day that a violation continues will be deemed a separate violation. Law

enforcement officers, in their discretion, may issue citation for the violation and may take into

custody those violators who refuse to cease activities after being issued a citation by law

enforcement officers.

(Prior Code, § 47-4)

§ 96.005 FEES.

(A) Fee established. Permit fees are in the amounts established in the governing sections of

this chapter or as otherwise provided in this code. The permit fees as set forth in the various

sections of this code are the official and controlling provisions.

(B) Prorated fees. Permit fees shall not be prorated unless otherwise specified by this code

or by law.

specified by this code or by law.

(Prior Code, § 47-5)

§ 96.006 DURATION OF PERMIT.

A permit issued under this chapter shall be valid for the time period specified on the permit

application.

(Prior Code, § 47-6)

§ 96.007 TRANSFERS.

No permit issued under this code may be transferred to any other person. Where a permit

relates to specific premises, the permit shall not be changed to another location without approval

of the Council or other permitting authority.

(Prior Code, § 47-7)

§ 96.008 INSPECTION.

(A) Authorized personnel. Any city official or employee having a duty to perform with

reference to a permit under this code and any police officer may inspect and examine any permit,

his or her business, or premises to enforce compliance with applicable provisions of this code.

Subject to the provisions of division (B) below, he or she may, at any reasonable time, enter any

permitted premises or premises for which a permit is required in order to enforce compliance

with this code.

(B) Search warrants. If the permittee objects to the inspection of his or her premises, the

city official or employee with the duty of enforcing the provisions of this code shall procure a

valid search warrant before conducting the inspection.

(Prior Code, § 47-8)

§ 96.009 DUTIES OF PERMITTEE.

(A) Compliance required. Every permittee shall have the duties set forth in this chapter.

(B) Inspection. He or she shall permit at reasonable times inspections of his or her business

and examination of his or her books and records by authorized officers or employees.

applicable to the permitted business, activity, or property.

(D) Display of permit.

(1) He or she shall display the permit in a conspicuous place on the premises, vehicle,

or device to which the permit relates.

(2) If the permit is not so related, the permit shall be carried on the permittee's person

whenever he or she is carrying on the permitted activity.

(E) Unlawful disposition. The permittee shall not lend or give to any other person his or her

permit or permit insignia.

(Prior Code, § 47-9)

§ 96.010 REVOCATION.

The Council may revoke any permit for violation of any provision of law, ordinance, or

regulation applicable to the permitted activity or property. Except where mandatory revocation

is provided by law without notice and hearing, the holder of the permit shall be granted a hearing

upon at least 10 days notice before revocation is ordered. The notice shall state the time and

place of the hearing and the nature of the charges against the permittee.

(Prior Code, § 47-10)

§ 96.011 POSTINGS AND CIRCULATIONS PROHIBITED.

No person shall attach any ribbons, pictures, tokens, leaflets, handbills, notices, pamphlets,

circulars, or any other written materials, on any publically owned street light or electrical pole

within the city limits.

(Ord. 549, passed 5-13-2014)

2015 S-12

Public Property/Facilities Regulations 99

DANCES

§ 96.025 PURPOSE.

The City Council finds that public dances can potentially pose crowd control and noise

problems to city law enforcement officials and to the public at large. In order to protect the

health, safety and welfare of citizens, the City Council adopts this subchapter regulating public

dances in the City of Park Rapids.

(Prior Code, § 47-30)

§ 96.026 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ISSUING AUTHORITY. The City of Park Rapids

PERSON. One or more natural persons; a partnership, including a limited partnership; a

corporation, including foreign, domestic or nonprofit corporation; a trust; a political subdivision

of the state; or any other business organization.

PUBLIC DANCE. Any dance wherein the general public may participate, whether or not

an admission fee, membership fee or price for dancing is charged and occurs on public property

or within a public facility. All private dances, wherein the general public is excluded, shall not

be deemed included in this definition.

(Prior Code, § 47-31)

§ 96.027 SPECIAL EVENT DANCE PERMIT REQUIRED; EXCEPTIONS.

Any person who conducts a public dance in the city shall procure a special event dance

permit from the issuing authority pursuant to this subchapter. A separate permit shall be required

for each dance conducted and the fee for the permit shall be as set forth in Chapter 36 of this

code.

(Prior Code, § 47-32) Penalty, see § 96.999

§ 96.028 PERMIT APPLICATION; VERIFICATION AND CONSIDERATION.

The application for a special event dance permit shall conform to the provisions found in §§

96.001, 96.002, and 96.003 of this code.

(Prior Code, § 47-33)

§ 96.029 PERMIT FEES.

Permit fees shall be as set forth in Chapter 36 of this code and shall be submitted with the

application.

(Prior Code, § 47-34) Penalty, see § 96.999

§ 96.030 PERMIT RESTRICTIONS.

(A) Posting of permit. A permit issued under this subchapter must be posted in a

conspicuous place on the premises in which the public dance is taking place.

(B) Maintenance of order. A permittee under this subchapter shall be responsible for the

conduct of the public dance and shall maintain conditions of sobriety and order.

compact and contiguous space specified in the approved permit application.

(D) Illegal activities. A permittee under this subchapter shall not allow any person to

engage in prostitution to sell or use illegal drugs in the permitted premises.

(E) Hours of dance. No public dance shall be held or conducted between the hours of 12:00

a.m. and 6:00 a.m. of any day.

(F) Private security. Security shall be arranged in accordance with § 96.002 (F) of this

chapter. The issuing authority and City Police Department may require the permittee to have, at

the permittee's expense, officers of the law present at the special event dance. The estimated cost

for the security shall be included in the security deposit as required by § 96.001 (H).

(G) Traffic and noise suspension. A holder of a special event dance permit shall comply

with all traffic and noise requirements placed on the dance by city officials pursuant to their

authority under state law and this City Code.

(H) Minimum insurance. All holders of a special dance permit shall submit proof to the

issuing authority that general liability insurance in the following minimum amounts has been

obtained for the special event dance:

Claim

Minimum Amount

Personal injury

$200,000 (claim)

$600,000 (aggregate)

Property damage

$50,000

(Prior Code, § 47-35) Penalty, see § 96.999

OUTDOOR CONCERTS/MUSIC EVENTS

§ 96.045 PURPOSE.

The City Council finds that outdoor concerts can potentially create traffic problems, noise

concerns, and crowd control issues. In order to further the health and safety of the community,

the City Council enacts this permitting subchapter regulating these events.

(Prior Code, § 47-40)

§ 96.046 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

OUTDOOR CONCERT OR MUSIC EVENT. A specific event held in the open and not

within an enclosed structure including but not limited to events held outdoors or in temporary

structures such as tents, sound stages, pavilions and amphitheaters during which sound waves are

produced, whether by voice or instruments, amplified or acoustic, and the sound waves produce

musical tones ranging from 20 Hertz to 20,000 Hertz.

PERSON. One or more natural persons; a partnership, including a limited partnership; a

corporation, including foreign, domestic or nonprofit corporation; a trust or any other business

organization.

SCHOOL. An institution or place for instruction or education where 25 or more persons

receive a full course of educational instruction with an organized body of teachers associated for

pursuit and dissemination of knowledge.

(Prior Code, § 47-41)

§ 96.047 PERMIT REQUIRED.

No person shall conduct an outdoor concert or music event without first obtaining a permit

pursuant to this subchapter.

(Prior Code, § 47-42) Penalty, see § 96.999

§ 96.048 PERMIT APPLICATION.

(A) The application for an outdoor concert/music event permit shall conform to the

provisions found in §§ 96.001, 96.002, and 96.003 of this code.

(B) In addition to the information requested in those sections, the applicant will also note

the type of music (i.e., symphonic, folk), the method of amplification (i.e., acoustic, electric) and

the steps taken to minimize the noise and nuisance.

(Prior Code, § 47-43) Penalty, see § 96.999

§ 96.049 PERMIT FEES.

Permit fees shall be as set forth in Chapter 36 of this code and shall be submitted with the

application.

(Prior Code, § 47-44) Penalty, see § 96.999

§ 96.050 EXEMPTIONS FROM PERMIT FEE AND APPLICATION.

(A) City Council findings on exemptions. The City Council makes the following findings

regarding the need to exempt certain persons from paying a permit fee and submitting a permit

application for outdoor concerts and music events:

(1) Schools may conduct and sponsor several outdoor concerts and music events on a

regular basis, including marching band events, sporting events with musical components, art

festivals, and student fund-raisers. A permit application and fee for each event would adversely

impact the events, which benefit the community as a whole, and, in most cases, would represent

a transfer of public monies between governmental units without any corresponding benefit to the

community.

(2) Religious organizations conduct worship services on a regular basis and may hold

worship services outdoors with musical components. A permit application and fee for each

worship service would adversely impact the events and would place a burden on the

organization's freedom of religion guarantees under the federal and state constitutions.

(3) The City of Park Rapids may sponsor outdoor events with music components.

Payment of permit fee for each city sponsored event would adversely impact the events and

would represent an internal transfer of public monies for no justifiable reason.

(B) Exemptions from permit fees. In light of the City Council findings, the following

persons are exempt from the fee for an outdoor concert/music event permit:

(1) Schools as herein defined;

(2) Religious organization conducting outdoor worship services; and

(3) City of Park Rapids sponsored events.

fee in division (B) above of this section shall not be required to complete a permit application,

but are subject to the noise standards of this code and shall provide written notification to the

Park Rapids Police Department prior to each outdoor concert/music event sponsored or

conducted by the exempt organization. The notice shall include the name and phone number of

the person sponsoring or conducting the event; the date and time of the event; the type of music

and method of amplification, and the steps taken to minimize the noise and nuisance.

(D) Cost of investigation of noise complaints. Those persons exempt from a permit fee in

division (B) above of this section may be required to pay the cost of any noise complaints

received and investigated by the city regarding outdoor concert/music events sponsored or

conducted by the exempt organizations.

(Prior Code, § 47-45)

PARADES

§ 96.065 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

CITY. The City of Park Rapids

PARADE. Any parade, march, ceremony, show, exhibition, pageant, or procession of any

kind, or any similar display, in or upon any street, park or other public place in the city.

PARADE PERMIT. A permit as required by this subchapter.

PERSON. One or more natural persons; a partnership, including a limited partnership; a

corporation, including foreign, domestic or nonprofit corporation; a trust or any other business

organization

(Prior Code, § 47-50)

§ 96.066 PERMIT REQUIRED.

No person shall engage in, participate in, aid, form or start any parade, unless a parade

permit shall have been obtained from the City Clerk.

(Prior Code, § 47-51) Penalty, see § 96.999

§ 96.067 EXCEPTIONS.

This subchapter shall not apply to:

(A) Funeral processions;

(B) Students going to and from school classes or participating in educational

activities, providing the conduct is under the immediate direction and supervision of the proper

school authorities; or

(Prior Code, § 47-52)

§ 96.068 APPLICATION.

(A) A person seeking issuance of a parade permit shall file an application in conformance

with §§ 96.001, 96.002, and 96.003 of this code.

(B) In addition to the information required in §§ 96.001, 96.002, and 96.003, the application

for a parade permit shall include the additional following information:

(1) The route to be traveled, the starting point and the termination point;

(2) The approximate number of persons who, and animals and vehicles which, will

constitute the parade, the type of animals, and description of the vehicles;

(3) The hours when the parade will start and terminate;

(4) A statement as to whether the parade will occupy all or only a portion of the width

of the streets proposed to be traversed;

(5) The location by streets of any assembly areas for the parade;

(6) The time at which units of the parade will begin to assemble at any

assembly area or areas;

(7) The interval of space to be maintained between units of the parade; and

(8) Any additional information which the Chief of Police shall find reasonably

necessary to a fair determination as to whether a permit should be issued.

(Prior Code, § 47-53) Penalty, see § 96.999

§ 96.069 REVIEW BY POLICE CHIEF.

Once an application for a parade permit has been received, the City Clerk shall forward

the application to the Chief of Police for his or her review. Any comments or recommendation

made by the Chief of Police shall be forwarded to the City Council at the time the application is

considered for approval or denial. The City Council shall take the Chief of Police's comments

and recommendations into account when approving or denying a permit application.

(Prior Code, § 47-54)

§ 96.070 STANDARDS FOR ISSUANCE.

The City Council shall issue a permit when, from a consideration of the application and

any other information as is available to them, they find as follows:

(A) The conduct of the parade will not substantially interrupt the safe and orderly

movement of other traffic within the city contiguous to the parade route or interfere with the

movement of fire fighting equipment;

(B) The conduct of the parade will not require the diversion of so great a number of

police officers as to prevent normal police protection to the city;

parade will not unduly interfere with proper fire and police protection and emergency medical

services to areas contiguous to the assembly areas;

(D) The conduct of the parade is not reasonably likely to neither cause injury to persons or

property nor provoke disorderly conduct;

(E) The parade is scheduled to move from its point of origin to its point of termination

expeditiously and without unreasonable delays en route;

(F) The parade is not be held for sole purpose of advertising any products, and it is not

designed to be held purely for private profit; and

(G) The participants of a parade shall not be allowed to throw candy, promotional items,

and the like from a vehicle or float. This shall not preclude participants from walking along the

parade route handing these items to viewers of the parade.

(Prior Code, § 47-55) Penalty, see § 96.999

§ 96.071 NOTICE OF REJECTION.

The City Council shall act upon any parade application at its next regularly scheduled

meeting. If the application for a parade permit is denied, the City Clerk shall notify the applicant

in writing within 7 days of the Council's decision.

(Prior Code, § 47-56)

§ 96.072 ALTERNATIVE PERMIT.

(A) The City Council, in denying an application for a private permit, shall be empowered to

authorize the conduct of the parade on a date, at a time, over a route different from that named by

the applicant.

(B) Any applicant desiring to accept an alternate permit shall, within 3 days after notice of

the action of the City Council, file a written acceptance with the City Clerk.

(Prior Code, § 47-57)

§ 96.073 NOTICE TO OTHER OFFICIALS.

Immediately upon the issuance of parade permit, the City Clerk shall send a copy thereof to

the Chief of the Police Department, Chief of the Fire Department, the Public Works

Superintendent, the Minnesota Highway Department Office at Bemidji, Minnesota, when

applicable and emergency medical services.

(Prior Code, § 47-58)

§ 96.074 PUBLIC CONDUCT DURING PARADES.

(A) Interference. No person shall unreasonably hamper, obstruct impede or interfere with

any parade, parade assembly, or person, animal or vehicle participating in the parade.

(B) Driving through parades. No driver of a vehicle shall drive between the vehicles or

persons comprising a parade when the parade is to motion.

(1) The Chief of Police shall have the authority, when reasonably necessary, to prohibit

or restrict the parking of vehicles along the route of the parade in areas contiguous thereto.

(2) The City Engineer after notification from the Chief of Police shall post signs to that

effect and it shall be unlawful for any person to park or leave a vehicle unattended in violation

thereof.

(Prior Code, § 47-59) Penalty, see § 96.999

PARK REGULATIONS

§ 96.090 PURPOSE.

The purpose of this subchapter which is enacted pursuant to Minnesota Statutes, shall be to

secure the quiet, orderly and suitable use of public parks, trail systems, and public access to lakes

established by the city, and to further the safety, health, comfort and welfare of all persons in the

use thereof.

(Prior Code, § 47-70)

§ 96.091 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

DOMESTIC ANIMAL. A dog, cat or horse.

DRUGS. Any substance defined as a controlled substance in M.S. Chapter 152, as it may be

amended from time to time, or other statutes of federal law or regulation.

INTOXICATING LIQUOR. Any liquor which is intoxicating pursuant to Minnesota law

and includes ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages.

MOTORIZED RECREATIONAL VEHICLE. Any self propelled, off-the-road, or all

terrain conveyance, including but not limited to, a snowmobile, mini-bike, amphibious vehicle,

motorcycle, go-cart, trail bike, dune buggy, or 4-wheel drive vehicle.

PARK. Any land or water area and all facilities thereon, established as a park of the city

pursuant to Minnesota Statutes.

PARK DIRECTOR. The person appointed by the City Council to serve as the chief

administrative officer of the city park system.

PARK RAPIDS PARKS. The park organization or system in the City of Park Rapids.

PARK VISITOR. Any person, firm, partnership, association, corporation, governmental

unit, company or organization of any kind within a park.

VEHICLE. Any motorized, propelled, animal drawn, or human powered conveyance.

WEAPON. Any devise from which shots or projectile of any type can be discharged by

means of explosive gas, compressed air or otherwise propelled, including but not limited to

firearms, bow and arrows, slings, and spring guns.

WILDLIFE. All living creatures, not human, wild by nature, endowed by sensation and

power or voluntary motion, including quadrupeds, mammals, birds, fish, amphibians, reptiles,

crustaceans, and mollusks.

(Prior Code, § 47-71)

§ 96.092 GENERAL CONDUCT.

It shall be unlawful for any person to:

(A) Act in a threatening or abusive manner or to do any act which constitutes a breach

of the public peace in a park;

(B) Have in possession or bring into a park intoxicating malt liquor or beer in kegs or

barrels;

before the park is open the following day;

(D) Disturb, harass, or interfere with any park visitor's property;

(E) Deposit, scatter, drop or abandon in a park any bottles, cans, broken glass, sewage,

waste or other material, except in receptacles provided for those purposes;

(F) Dig trenches or make other excavation in a park;

(G) Throw, discharge or place on or upon any lake, stream, creek, pond or other body of

water in or adjacent to a park, or tributary, stream, storm sewer, or drain flowing into the waters

any substance, liquid, or gas;

(H) Gamble or participate in any game of chance in a park;

(I) Use any land or body of water within a park for a starting or landing field for aircraft,

balloons or parachutes without a permit;

(J) Start a fire in the park, except for a small fire for culinary purposes in a

designated area, or fail to fully extinguish that fire;

(K) Drop, throw or otherwise leave unattended in a park, lighted matches, burning

cigars, cigarettes, tobacco, paper or other combustible material;

(L) Sell, solicit or carry on any business or commercial enterprise or serve in a park

except with a written permit; or

(M) Use loudspeakers or other amplifying systems in a park, except with a written

permit.

(Prior Code, § 47-72) Penalty, see § 96.999

§ 96.093 PROTECTION OF NATURAL RESOURCES AND WILDLIFE.

It shall be unlawful for any person to:

(A) Injure, destroy, or remove any tree, flower, shrub, plant, rock, soil or mineral in a

park;

(B) Kill, trap, hunt, feed, pursue or in any manner disturb or cause to be disturbed any

species of wildlife within a park except that fishing may be permitted in designated areas;

(D) Bring a dog, cat, horse or other domestic animal into a park unless under the

control of the owners or attendant and the custodian shall have the responsibility of cleaning up

any feces of any animal and shall dispose of it in a sanitary manner;

(E) Bring or permit any dog, cat, horse or other domestic animal to enter a beach area,

nature center, park building, skating rink, or skateboard park;

(F) Permit a dog, cat, horse or other domestic animal to disturb, harass or interfere with any

park visitor or visitor's property;

(G) Possess any weapon within a park; or

(H) Release within any park any plant, chemical or other agent potentially harmful to the

vegetation or wildlife of the park.

(Prior Code, § 47-73) Penalty, see § 96.999

§ 96.094 CAMPING.

It shall be unlawful for any person to camp in a park, unless in a designated camping area.

(Prior Code, § 47-74) Penalty, see § 96.999

§ 96.095 SWIMMING.

It shall be unlawful for any person to:

(A) Wade or swim within a park except at beaches designated for that purpose, and then

only between sunrise and sunset, or the hours as may be designated by the Park Director. Any

park visitor shall swim or wade at their own risk;

(B) Take bottles or glass of any kind, except eyeglasses, into a designated beach area;

areas; or

(D) To jump off of the old railroad bridge, located as part of the Heartland Trail, into Fish

Hook River.

(Prior Code, § 47-75) Penalty, see § 96.999

§ 96.096 BOATING.

It shall be unlawful for any person to:

(A) Launch or land any boat, yacht, canoe, raft or other water craft upon any water, lagoon,

lake, pond or slough within a park except at locations and times designated for that purpose;

(B) Leave unattended any boat or water craft except in areas designated for that purpose;

(D) Operate any water craft in a park in violation of M.S. Chapter 86B, as it may be

amended from time to time.

(Prior Code, § 47-76) Penalty, see § 96.999

§ 96.097 HORSEBACK RIDING.

It shall be unlawful for any person to ride a horse or bring an un-trailered horse into a park,

unless accessing a designated trail.

(Prior Code, § 47-77) Penalty, see § 96.999

§ 96.098 BICYCLING.

It shall be unlawful for any person to operate a bicycle within a park, except on park

designated bikeways and roadways, and keep as close to the right hand side thereof as conditions

shall permit.

(Prior Code, § 47-78) Penalty, see § 96.999

§ 96.099 MEETINGS, SPEECHES, DEMONSTRATIONS AND PARADES.

It shall be unlawful for any person to conduct public meetings, assemblies, entertainment,

parades or demonstrations within a park without first obtaining a written permit, and then only in

an area designated by permit.

(Prior Code, § 47-79) Penalty, see § 96.999

§ 96.100 VEHICLES.

It shall be unlawful for any person to:

(A) Operate any vehicle within a park except upon designated roadways and parking areas;

(B) Operate a vehicle in a park at a speed in excess of posted speed limits;

(D) Operate a vehicle which emits excessive or unusual noise, noxious fumes, dense smoke

or other polluting matter;

(E) Operate a vehicle in a reckless or careless manner in the park; or

(F) Wash, polish, grease, change oil or repair any vehicle in a park, except that emergency

repairs may be made.

(Prior Code, § 47-80) Penalty, see § 96.999

§ 96.101 MOTORIZED RECREATION VEHICLE.

It shall be unlawful for any person to:

(A) Operate a motorized recreation vehicle within a park, except on designated

roadways and parking areas; or

(B) Operate a snowmobile within a park other than on designated trails within the

park for snowmobile traffic.

(Prior Code, § 47-81) Penalty, see § 96.999

§ 96.102 PARK OPERATION.

(A) A person may be granted a permit for temporary exclusive use of reserved space

within a park. The permit shall be for a maximum of 8 hours.

(B) No person shall remain within a park between the hours of 10:00 p.m. and 7:00

a.m. Exceptions may be granted by the city on a case-by-case basis.

the violation by the permittee of any provision of this chapter, subchapter, or any other

ordinance, rule or regulation of parks adopted by the city.

(D) It shall be unlawful for any person to use any facility or area for which a fee or

charge has been established by the city without payment of the fee or charge.

(E) The city shall not be liable for any loss, damage, or injury sustained by a park

visitor.

(F) Any park or portion thereof may be declared closed to the public by the City

Council or Park Director at any time and for any interval of time or to certain uses, as the City

Council or Park Director shall find reasonably necessary.

(G) Nothing in this subchapter shall prevent employees or agents of the City of Park Rapids

from performing their assigned duties.

(H) No person shall impersonate any employee of the City of Park Rapids, nor interfere

with, harass, or hinder any employee in the discharge of his or her duties.

(Prior Code, § 47-82) Penalty, see § 96.999

§ 96.999 PENALTY.

(A) Dances. A violation of any provision of §§ 96.025 et seq. shall be a misdemeanor

under Minnesota law.

(Prior Code, § 47-36)

(B) Outdoor concerts/music events. A violation of any provision of §§ 96.045 et seq. shall

be a misdemeanor under Minnesota law.

(Prior Code, § 47-46)

under Minnesota law.

(Prior Code, § 47-60)

(D) Park regulations.

(1) Misdemeanor. A person guilty of violating any provision of §§ 96.090 et seq. shall

be guilty of a misdemeanor.

(2) Ejection. Designated Park Rapids employees may, in conjunction with their duties

imposed by law, diligently enforce the provisions of this subchapter and eject from parks,

persons acting in violation of this subchapter.

(3) Permit revocation. The City Administrator shall have the authority to revoke for

good cause any permit or reservation issued by the city.

(Prior Code, § 47-83)

CHAPTER 97: ABANDONED PROPERTY

Section

General Provisions

97.01 Disposition of abandoned property

Abandoned Vehicles

97.15 Findings and purpose

97.16 Definitions

97.17 Violation to abandon motor vehicle

97.18 Authority to impound vehicles

97.19 Sale; waiting periods

97.20 Notice of taking and sale

97.21 Right to reclaim

97.22 Operator's deficiency claim; consent to sale

97.23 Disposition by impound lot

97.24 Disposal authority

97.25 Contracts; reimbursement by MPCA

GENERAL PROVISIONS

§ 97.01 DISPOSITION OF ABANDONED PROPERTY.

(A) Procedure. Except for abandoned and junked vehicles, all property lawfully coming

into possession of the city shall be disposed of as provided in this section which is adopted

pursuant to M.S. § 471.195, as it may be amended from time to time. Abandoned and junked

vehicles shall be disposed of according to the procedures of §§ 97.15 et seq.

(B) Storage. The department of the city acquiring possession of the property shall arrange

for its storage. If city facilities are unavailable or inadequate, the department may arrange for

storage at a privately-owned facility.

115

116 Park Rapids - General Regulations

ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the

property shall be obtained upon release to the owner.

(D) Sale. If the property remains unclaimed in the possession of the city for 60 days, the

property shall be sold to the highest bidder at a public auction conducted by the City Clerk or his

or her designee after 2 weeks' published notice setting forth the time and place of the sale and the

property to be sold.

(E) Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of

the city. If the former owner makes application and furnishes satisfactory proof of ownership

within 6 months of the sale, the former owner shall be paid the proceeds of the sale of the

property less the costs of storage and the proportionate part of the cost of published notice and

other costs of the sale.

ABANDONED VEHICLES

§ 97.15 FINDINGS AND PURPOSE.

M.S. Ch. 168B, and Minn. Rules Ch. 7035, as they may be amended from time to time, are

hereby adopted by reference. Sections 97.15 through 97.25 of this code are adopted under the

authority of M.S. § 168B.09, Subd. 2, as it may be amended from time to time. If any of these

provisions are less stringent that the provisions of M.S. § 168B or Minn. Rules Ch. 7035, as it

may be amended from time to time, the statute or rule shall take precedence.

§ 97.16 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ABANDONED VEHICLE.

(1) A motor vehicle, as defined in M.S. § 169.01 as it may be amended from time to

time, that:

(a) Has remained illegally:

1. For a period of more than 48 hours on any property owned or controlled

by a unit of government, or more than 4 hours on that property when it is properly posted; or

2. On private property for a period of time, as determined under § 97.18(B),

without the consent of the person in control of the property; and

(b) Lacks vital component parts or is in an inoperable condition that it has no

substantial potential for further use consistent with its usual functions, unless it is kept in an

enclosed garage or storage building.

(2) A classic car or pioneer car, as defined in M.S. § 168.10 as it may be amended

from time to time, is not considered an abandoned vehicle.

(3) Vehicles on the premises of junk yards and automobile graveyards that are

defined, maintained, and licensed in accordance with M.S. § 161.242 as it may be amended from

time to time, or that are licensed and maintained in accordance with local laws and zoning

regulations, are not considered abandoned vehicles.

(4) A vehicle being held for storage by agreement or being held under police

authority or pursuant to a writ or court order is not considered abandoned, nor may it be

processed as abandoned while the police hold, writ or court order is in effect.

DEPARTMENT. The Minnesota Department of Public Safety.

IMPOUND. To take and hold a vehicle in legal custody. There are 2 types of impounds:

public and nonpublic.

IMPOUND LOT OPERATOR or OPERATOR. A person who engages in impounding

or storing, usually temporarily, unauthorized or abandoned vehicles. OPERATOR includes an

operator of a public or nonpublic impound lot, regardless of whether tow truck service is

provided.

JUNK VEHICLE. A vehicle that:

(1) Is 3 years old or older;

(2) Is extensively damaged, with the damage including things as broken or

missing wheels, motor, drive train or transmission;

(3) Is apparently inoperable;

(4) Does not have a valid, current registration plate; and

(5) Has an approximate fair market value equal only to the approximate value of the

scrap in it.

MOTOR VEHICLE or VEHICLE. Has the meaning given "motor vehicle" in M.S. §

169.01, as it may be amended from time to time.

MOTOR VEHICLE WASTE. Solid waste and liquid wastes derived in the operation of or

in the recycling of a motor vehicle, including such things as tires and used motor oil, but

excluding scrap metal.

MPCA or AGENCY. The Minnesota Pollution Control Agency.

NONPUBLIC IMPOUND LOT. An impound lot that is not a public impound lot.

PUBLIC IMPOUND LOT. An impound lot owned by or contracting with a unit of

government under § 97.24.

UNAUTHORIZED VEHICLE. A vehicle that is subject to removal and impoundment

pursuant to § 97.18(B), or M.S. § 169.041 as it may be amended from time to time, but is not a

junk vehicle or an abandoned vehicle.

UNIT OF GOVERNMENT. Includes a state department or agency, a special purpose

district, and a county, statutory or home rule charter city, or town.

VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the

mechanical functioning of the vehicle, including such things as the motor, drive train and wheels.

§ 97.17 VIOLATION TO ABANDON MOTOR VEHICLE.

Any person who abandons a motor vehicle on any public or private property, without the

consent of the person in control of the property, is guilty of a misdemeanor.

Penalty, see § 10.99

§ 97.18 AUTHORITY TO IMPOUND VEHICLES.

(A) Abandoned or junk vehicles. The City Clerk or his or her designee or any peace officer

employed or whose services are contracted for by the city may take into custody and impound

any abandoned or junk vehicle if the vehicle is on public property. If the abandoned or junk

vehicle is located on private property, the vehicle shall not be removed or impounded until the

provisions of § 97.18(C) are complied with.

Abandoned Property 119

(B) Unauthorized vehicles. The City Clerk, or his or her designee or any peace

officer employed or whose services are contracted for by the city may take into custody and

impound any unauthorized vehicle under M.S. § 169.041 as it may be amended from time to

time. A vehicle may also be impounded after it has been left unattended in 1 of the following

public or private locations for the indicated period of time:

(1) In a public location not governed by M.S. § 169.041 as it may be amended

from time to time:

(a) On a highway and properly tagged by a peace officer, 4 hours;

(b) Located so as to constitute an accident or traffic hazard to the

traveling public, as determined by a peace officer, immediately; or

controlled by a unit of government, properly posted, 4 hours; or

(2) On private property, only with the express permission of the owner of the

property, a resident or other person in control of the premises:

(a) That is single-family or duplex residential property, immediately;

(b) That is private, nonresidential property, properly posted,

immediately;

(d) That is any residential property, properly posted, immediately.

(3) If under division (B)(2) of this section, permission is not granted, then the

city shall not remove and impound any vehicle until the procedure established in division (B)(2)

of this section have been followed.

peace officer employed or whose services are contracted for by the city may take into custody

and impound any abandoned or junk vehicle on private property only with the permission of the

owner of the property, a resident, or other person in control of the premises. If permission is

denied, the city may declare the existence of the abandoned or junk vehicle to be a nuisance and

proceed to abate the nuisance. Once the abatement procedure has been completed, the city may

apply for an order from a court of competent jurisdiction authorizing the removal and

impoundment of the vehicle and, after the order has been granted, the city may then remove and

impound the vehicle.

Park Rapids - General Regulations

§ 97.19 SALE; WAITING PERIODS.

(A) Sale after 15 days. An impounded vehicle is eligible for disposal or sale under § 97.23,

15 days after notice to the owner, if the vehicle is determined to be:

(1) A junk vehicle, except that it may have a valid, current registration plate and still be

eligible for disposal or sale under this subdivision; or

(2) An abandoned vehicle.

(B) Sale after 45 days. An impounded vehicle is eligible for disposal or sale under § 97.23,

45 days after notice to the owner, if the vehicle is determined to be an unauthorized vehicle.

§ 97.20 NOTICE OF TAKING AND SALE.

(A) Contents; notice given within 5 days. When an impounded vehicle is taken into

custody, the city or impound lot operator taking it into custody shall give notice of the taking

within 5 days. The notice shall:

(1) Set forth the date and place of the taking; the year, make, model and serial number

of the impounded motor vehicle if the information can be reasonably obtained; and the place

where the vehicle is being held;

(2) Inform the owner and any lienholders of their right to reclaim the vehicle under §

97.21; and

(3) State that failure of the owner or lienholders to exercise their right to reclaim the

vehicle and contents within the appropriate time allowed under § 97.19 shall be deemed a waiver

by them of all right, title and interest in the vehicle and contents and a consent to the transfer of

title to and disposal or sale of the vehicle and contents pursuant to § 97.23.

(B) Notice by mail or publication. The notice shall be sent by mail to the registered owner,

if any, of an impounded vehicle and to all readily identifiable lienholders of record. The

Department makes this information available to impound lot operators for notification purposes.

If it is impossible to determine with reasonable certainty the identity and address of the

registered owner and all lienholders, the notice shall be published once in a newspaper of general

circulation in the area where the motor vehicle was towed from or abandoned. Published notices

may be grouped together for convenience and economy.

days from the date the notice was sent under division (B) of this section, a second notice shall be

sent by certified mail, return receipt requested, to the registered owner, if any, of the

unauthorized vehicle and to all readily identifiable lienholders of record.

§ 97.21 RIGHT TO RECLAIM.

(A) Payment of charges. The owner or any lienholder of an impounded vehicle shall have a

right to reclaim the vehicle from the city or impound lot operator taking it into custody upon

payment of all towing and storage charges resulting from taking the vehicle into custody within

15 or 45 days, as applicable under § 97.19, after the date of the notice required by § 97.20.

(B) Lienholders. Nothing in this chapter shall be construed to impair any lien of a

garagekeeper under the laws of this state, or the right of a lienholder to foreclose. For the

purposes of this section, GARAGEKEEPER 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.

§ 97.22 OPERATOR'S DEFICIENCY CLAIM; CONSENT TO SALE.

(A) Deficiency claim. The nonpublic impound lot operator has a deficiency claim against

the registered owner of the vehicle for the reasonable costs of services provided in the towing,

storage and inspection of the vehicle minus the proceeds of the sale or auction. The claim for

storage costs may not exceed the costs of:

(1) 25 days storage for a vehicle described in § 97.19(A); and

(2) 55 days storage for a vehicle described in § 97.19(B).

(B) Implied consent to sale. A registered owner who fails to claim the impounded vehicle

within the applicable time period allowed under § 97.19 is deemed to waive any right to reclaim

the vehicle and consents to the disposal or sale of the vehicle and its contents and transfer of title.

§ 97.23 DISPOSITION BY IMPOUND LOT.

(A) Auction or sale.

(1) If an abandoned or unauthorized vehicle and contents taken into custody by the city

or any impound lot is not reclaimed under § 97.21, it may be disposed of or sold at auction or

sale when eligible pursuant to §§ 97.20 and 97.21.

(2) 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 a vehicle is issued a new certificate of title, it must

receive a motor vehicle safety check.

122 Park Rapids - General Regulations

(B) Unsold vehicles. Abandoned or junk vehicles not sold by the city or public impound

lots pursuant to division (A) of this section shall be disposed of in accordance with § 97.24.

or public impound lot of an abandoned or unauthorized 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 in handling the vehicle pursuant to this chapter. Any remainder from

the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days

and then shall be deposited in the treasury of the city.

(D) Sale proceeds; nonpublic impound lots. The operator of a nonpublic impound lot may

retain any proceeds derived from a sale conducted under the authority of division (A) of this

section. The operator may retain all proceeds from sale of any personal belongings and contents

in the vehicle that were not claimed by the owner or the owner's agent before the sale, except

that any suspected contraband or other items that likely would be subject to forfeiture in a

criminal trial must be turned over to the appropriate law enforcement agency.

§ 97.24 DISPOSAL AUTHORITY.

The city may contract with others or may utilize its own equipment and personnel for the

inventory of impounded motor vehicles and abandoned scrap metal and may utilize its own

equipment and personnel for the collection, storage and transportation of these vehicles and

abandoned scrap metal. The city may utilize its own equipment and personnel only for the

collection and storage of not more than 5 abandoned or unauthorized vehicles without

advertising for or receiving bids in any 120-day period.

§ 97.25 CONTRACTS; REIMBURSEMENT BY MPCA.

(A) MPCA review and approval. If the city proposes to enter into a contract with a person

licensed by the MPCA pursuant to this section or a contract pursuant to § 97.24, the MPCA may

review the proposed contract before it is entered into by the city, to determine whether it

conforms to the MPCA's plan for solid waste management and is in compliance with MPCA

rules. A contract that does so conform may be approved by the MPCA and entered into by the

city. Where a contract has been approved, the MPCA may reimburse the city for the costs

incurred under the contract that have not been reimbursed under § 97.23. Except as otherwise

provided in § 97.24, the MPCA shall not approve any contract that has been entered into without

prior notice to and without a request for bids from all persons duly licensed by the MPCA to be a

party to a disposal contract pursuant to M.S. § 116.07, as it may be amended from time to time;

nor that does not provide for a full performance bond; or does not provide for total collection and

transportation of abandoned motor vehicles, except that the MPCA may approve a contract

covering solely collection or transportation of abandoned motor vehicles where the MPCA

Abandoned Property 123

determines total collection and transportation to be impracticable and where all other

requirements herein have been met and the unit of government, after proper notice and request

for bids, has not received any bid for total collection and transportation of abandoned motor

vehicles.

(B) The city may perform work. If the city utilizes its own equipment and personnel

pursuant to its authority under § 97.24, and the use of the equipment and personnel conforms to

the MPCA's plan for solid waste management and is in compliance with MPCA rules, the city

may be reimbursed by the MPCA for reasonable costs incurred which are not reimbursed under §

97.23.

the disposal of abandoned motor vehicles and other scrap metal pursuant to the MPCA's plan for

solid waste disposal. If the city fails to contract within 180 days of the demand, the MPCA,

through the Department of Administration and on behalf of the city, may contract with any

person duly licensed by the MPCA for the disposal.

TITLE XI: BUSINESS REGULATIONS

Chapter

110. GENERAL PROVISIONS

111. COMMERCIAL ANIMAL ESTABLISHMENTS

112. GARAGE SALES

113. PAWNBROKERS, SECOND-HAND GOODS,

AND JUNK DEALERS

114. PEDDLERS, SOLICITORS, AND TRANSIENT

MERCHANTS

115. PLUMBERS

116. MECHANICAL CONTRACTORS

117. WRECKING YARDS AND JUNK YARDS

118. BACKHOE OPERATORS

119. ADULT ESTABLISHMENTS

120. TREE CONTRACTORS

121. VEHICLES FOR HIRE

CHAPTER 110 GENERAL PROVISIONS

Section

110.01 Permits

110.02 Fees

110.03 Duration of permit

110.04 Transfers

110.05 Inspection

110.06 Duties of permittee

110.07 Suspension or revocation

§ 110.01 PERMITS.

(A) General rule. Except as otherwise provided in this code, all permits granted by the city

shall be governed by the provisions of this chapter.

(B) Acts prohibited. No person shall conduct any activity or use any property for which a

permit is required by law or this code without a currently valid permit for the activity or use.

provided by him or her. It shall be accompanied by payment to the Clerk of the prescribed fee.

If, after investigation, the City Clerk is satisfied that all requirements of law and this code have

been met, he or she shall present the application to the Council for action or, if the permit does

not require Council approval, he or she shall issue the permit.

(D) Bond. Where a bond is required for any permit, the bond shall be a corporate surety

bond executed on a form approved by the city and shall be filed with the Clerk before the permit

is issued. Except where otherwise provided, a bond shall be conditioned that the permittee shall

comply with the applicable ordinance and laws pertaining to the permitted activity and that the

permittee will indemnify the city and save it harmless from all loss or damage by reason of

inadequate work performed by him or her or by reason of accident caused by the negligence of

the permittee, his or her agents or employees.

(E) Insurance. When a permittee is required to have in force a policy of insurance, the

policy shall be approved as to substance and form by the city. The policy shall provide that it is

non-cancellable without 15 days' notice to the city, and the coverage shall be for the term of the

permit. Satisfactory evidence of coverage by insurance shall be filed with the Clerk before the

permit is issued. Each permit shall terminate upon termination of the required insurance

coverage.

(Prior Code, § 18-1)

§ 110.02 FEES.

(A) Fee established. Permit fees are in the amounts established in the governing sections of

this chapter or as otherwise provided in this code. The permit fees as set forth in the various

sections of this code are the official and controlling provisions.

(B) Prorated fees. Permit fees shall not be prorated unless otherwise specified by this code

or by law.

specified by this code or by law.

(Prior Code, § 18-2)

§ 110.03 DURATION OF PERMIT.

Unless otherwise specified, a permit shall be valid for a calendar year or the part of the year

for which it is issued and shall expire on December 31.

(Prior Code, § 18-3)

§ 110.04 TRANSFERS.

No permit issued under this code may be transferred to any other person. Where a permit

relates to specific premises, the permit shall not be changed to another location without approval

of the Council or other permitting authority.

(Prior Code, § 18-4)

§ 110.05 INSPECTION.

(A) Authorized personnel.

(1) Any city official or employee having a duty to perform with reference to a permit

under this code and any police officer may inspect and examine any permit, his or her business,

or premises to enforce compliance with applicable provisions of this code.

(2) Subject to the provisions of division (B) below, he or she may, at any reasonable

time, enter any permitted premises or premises for which a permit is required in order to enforce

compliance with this code.

(B) Search warrants. If the permittee objects to the inspection of his or her premises, the

city official or employee with the duty of enforcing the provisions of this code shall procure a

valid search warrant before conducting the inspection.

(Prior Code, § 18-5)

§ 110.06 DUTIES OF PERMITTEE.

(A) Compliance required. Every permittee shall have the duties set forth in this section.

(B) Inspection. He or she shall permit at reasonable times inspections of his or her business

and examination of his or her books and records by authorized officers or employees.

applicable to the permitted business, activity, or property.

(D) Display of permit. He or she shall display the permit in a conspicuous place on the

premises, vehicle, or device to which the permit relates. If the permit is not so related, the permit

shall be carried on the permittee's person whenever he or she is carrying on the permitted

activity.

(E) Unlawful disposition. The permittee shall not lend or give to any other person his or her

permit or permit insignia.

(Prior Code, § 18-6)

§ 110.07 SUSPENSION OR REVOCATION.

The Council may suspend for a period not exceeding 60 days or revoke any permit for

violation of any provision of law, ordinance, or regulation applicable to the permitted activity or

property. Except where mandatory revocation is provided by law without notice and hearing and

except where suspension may be made without a hearing, the holder of the permit shall be

granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The

notice shall state the time and place of the hearing and the nature of the charges against the

permittee.

(Prior Code, § 18-7)

CHAPTER 111: COMMERCIAL ANIMAL ESTABLISHMENTS

111. COMMERCIAL ANIMAL ESTABLISHMENTS

Section

111.01 Purpose

111.02 Definitions

111.03 Permit required

111.04 Permit application

111.05 Permit fee

111.06 Permit application, execution, verification and consideration

111.07 Persons and locations ineligible for a permit

111.08 Health and welfare regulations

111.09 Sanctions for permit violations

111.10 Permit regulations

111.99 Penalty

§ 111.01 PURPOSE.

The City Council finds that commercial animal establishments can present health, safety,

and sanitation problems if not properly and locally regulated. The City Council therefore enacts

the following permitting requirements to govern commercial animal establishments.

(Prior Code, § 18-40)

§ 111.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ANIMAL. Every non-human species of organism, except plant and bacterium, both

domestic and wild.

AQUARIUM. A building or institution in which aquatic animals are kept for commercial

exhibition or display.

CLEAN. The absence of dirt, grease, rubbish, garbage, animal and bodily excretions, and

other offensive, unsightly, or extraneous matter.

COMMERCIAL ANIMAL ESTABLISHMENT. Any aquarium, pet shop, riding school or

stable, zoological park, or performing animal exhibition.

GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear,

leaks, obstructions, and similar defects so as to constitute a good and sound condition.

PERFORMING ANIMAL EXHIBITION. Any commercial spectacle, display, act, or

event, in which performing animals are used.

PERSON. One or more natural persons; a partnership, including a limited partnership, a

corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political

subdivision of the state; or any other organization.

PET SHOP. Any person, whether operated separately or in connection with another

business enterprise, that buys, exhibits, or sells any species of animal.

RIDING SCHOOL OR STABLE. Any place that has available for hire, boarding, and/or

riding instruction, any horse, pony, donkey, mule, llama, or burro; or any place that regularly

buys, sells, or trains the above animals including a trotting track or rodeo.

ZOOLOGICAL PARK. Any permanent facility operated by a person, or government

agency, other than a pet shop or kennel, displaying or exhibiting 1 or more species or animals.

(Prior Code, § 18-41)

§ 111.03 PERMIT REQUIRED.

No person shall operate a commercial animal establishment without first obtaining a permit

in compliance with this chapter of the City Code.

(Prior Code, § 18-42) Penalty, see § 111.99

§ 111.04 PERMIT APPLICATION.

The application for a permit under this chapter shall be made on a form supplied by the City

Clerk and shall request the following information:

(A) The full legal name, current address, home and business phone of the applicant;

(B) Whether the applicant is a natural person, corporation, partnership or other form of

organization;

premise to be permitted have been paid, and if not paid, the years and amounts that are unpaid;

(D) The location where the commercial animal establishment will be operated; and

(E) Any other information as the city deems necessary

(Prior Code, § 18-43) Penalty, see § 111.99

§ 111.05 PERMIT FEE.

The annual fee for a commercial animal establishment permit shall be as set forth in Chapter

36 of this code.

(Prior Code, § 18-44)

§ 111.06 PERMIT APPLICATION, EXECUTION, VERIFICATION AND

CONSIDERATION.

(A) Execution. All application for a permit under this chapter shall be signed and sworn to.

If the application is that of a natural person, it shall be signed and sworn to by that person; if that

of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and

it that of an unincorporated association, by the manager or managing officer thereof.

(B) Verification. All applications shall be referred to the City Clerk for verification and

investigation of the facts set forth in the application. The City of Park Rapids is empowered to

conduct any and all investigations to verify the information on the application, including

ordering a computerized criminal history and/or a driver's license history inquiry on the

applicant.

verification process by the City of Park Rapids, the City Clerk shall accept or deny the license

application in accordance with this chapter. If the application is denied, the City Clerk shall

notify the applicant of the determination in writing. The notice shall be mailed regular mail to

the applicant at the address provided in the application and it shall inform the applicant of the

applicant's right, within 20 days after receipt by the applicant, to request an appeal of the City

Clerk's determination to the City Council. If an appeal to the City Council is timely received by

the City Clerk, the hearing before the City Council shall take place within a reasonable period of

time.

(Prior Code, § 18-45) Penalty, see § 111.99

§ 111.07 PERSONS AND LOCATIONS INELIGIBLE FOR A PERMIT.

(A) Persons ineligible. No permit under this chapter shall be issued to an applicant if the

applicant:

(1) Is not 18 years of age or older on the date the permit application is submitted to the

City Clerk;

(2) Has been convicted of any crime directly related to the occupation permitted,

including but not limited to cruelty to animals, as prescribed by M.S. § 364.03, subdivision 2, as

it may be amended from time to time, and has not shown competent evidence of sufficient

rehabilitation and present fitness to perform the duties of the permitted occupation as prescribed

by M.S. § 364.03, subdivision 3, as it may be amended from time to time;

(3) Is not a citizen of the United States, a resident alien, or does not have the legal

authority to be employed in the United States;

(4) Is not of good moral character or repute;

(5) Has knowingly falsified or misrepresented information on the permit application;

(6) Owes taxes and assessments to the state, county, school district, or city that are due

and delinquent; or

(7) Is not the real party in interest of the business being permitted.

(B) Location ineligible. The following locations shall be ineligible for a permit under this

chapter:

(1) Taxes due on property. No permit shall be granted or renewed on any property on

which taxes, assessments, or other financial claims of the state, county, school district, or city are

due, delinquent, or unpaid. In the event a suit has been commenced under M.S. §§ 278.01-

278.14, as it may be amended from time to time, questioning the amount or validity of taxes, the

City Council may on application waive strict compliance with this provision; no waiver may be

granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding 1

year after becoming due.

(2) Improper zoning. No license shall be granted if the property is not properly zoned

for a pet shop under Title XV of this code unless the pet shop is a legal, non-conforming use.

(Prior Code, § 18-46) Penalty, see § 111.99

§ 111.08 HEALTH AND WELFARE REGULATIONS.

(A) Diseased animals. No person shall bring into his or her place of business, commercial

animal establishment, or into the city, or have in his or her possession for sale or otherwise, any

animals afflicted with an infectious disease.

(B) Floor requirements. The floors of a commercial animal establishment shall be non-

absorptive, monolithic construction and must be kept in a clean and sanitary condition and in

good repair. For large animals where it would be detrimental to the animal's health to stand for

prolonged periods on hard non-absorbent floors, alternate approved flooring may be allowed.

kept clean, sanitary, and in good repair.

(D) Confinement. All cages, pens, benches, boxes, tanks, or receptacles in which animals

are confined shall be easily cleanable, durable and constructed of non-corrosive material and

maintained in good repair. These cages and pens shall also be properly sufficient and humane in

size for the confinement of animals.

(E) Ventilation. All rooms in a commercial animal establishment shall be mechanically

ventilated and provide the minimum cfm per foot in accordance with the Uniform Mechanical

Code. A negative pressure must be maintained to prevent odors and organisms from entering the

adjacent businesses or departments. Provisions shall be made for pre-heated replacement air.

(F) Delivery requirements. All delivery trucks transporting animals to and from the

commercial animal establishment shall be kept clean and sanitary.

(G) Feeding of animals. All utensils used in the preparation of food and the feeding of

animals shall be kept clean, sanitary and in good repair; and the use of the utensils for the

purpose which are badly worn, rusted, or corroded, or in a condition that they cannot be clean

and sanitary is prohibited.

(H) Humane treatment of animals. All animals in the commercial animal establishment

shall be handled and treated in a humane manner by the owner, operator and employees of the

commercial animal establishment. All state laws governing cruelty to animals and humane

treatment of animals shall be adhered to and all operations must enhance or maintain the health

and welfare of all animals in the establishment.

(I) Location of animals. Where the licensee keeps animals for sale or display, all animals

shall be kept entirely within an enclosed building and no animals shall be kept or maintained

outdoors. Exterior walking or exercise areas shall be maintained free of wastes and other litter,

and all wastes should be removed and disposed of in an approved manner immediately.

(J) Infectious diseases. All animals subject to distemper and infectious hepatitis acquired

by the commercial animal establishment owner or operator must have been inoculated prior to

delivery at the commercial animal establishment by a veterinarian licensed to practice in the

State of Minnesota. Monkeys must have a yearly tuberculin test.

(K) Size requirements. The commercial animal establishment must include a room of

sufficient size to contain an approved sink with hot and cold running water under pressure, for

the purpose of storing janitorial supplies, and equipment used to maintain the premises in a clean

and sanitary manner.

(L) Disposal of wastes. All animal wastes must be disposed of in a timely and approved

sanitary manner. In no event shall there be an accumulation of waste beyond 24 hours. In public

areas during exhibition, all wastes must be disposed of immediately or, at minimum, the waste to

be stored in an approved container with tight fitting lids and disposed of in an approved sanitary

manner at the end of the day.

(Prior Code, § 18-47) Penalty, see § 111.99

§ 111.09 SANCTIONS FOR PERMIT VIOLATIONS.

(A) Suspension or revocation. The City Council may suspend or revoke a permit issued

pursuant to this chapter for a violation of:

(1) Fraud, misrepresentation, or false statement contained in a permit application or a

renewal application;

(2) Fraud, misrepresentation, or false statement made in the course of carrying on the

permitted occupation or business;

(3) Any violation of this chapter or state law;

(4) A permittee's criminal conviction that is directly related to the occupation or

business permitted, including but not limited to cruelty to animals, as defined by M.S. § 364.03,

subdivision 2, as it may be amended from time to time, provided that the permittee cannot show

competent evidence of sufficient rehabilitation and present fitness to perform the duties of the

permitted occupation of business as defined by M.S. § 364.03, subdivision 3, as it may be

amended from time to time; and

(5) Conducting the permitted business or occupation in an unlawful manner or in a

manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or

general welfare of the community.

(B) Notice and hearing. A revocation or suspension by the City Council shall be preceded

by written notice to the permittee and a hearing. The notice shall give at least 8 days' notice of

the time and place of the hearing and shall state the nature of the charges against the permittee.

The notice shall be mailed by regular and certified mail to the permittee at the most recent

address listed on the permit application.

(Prior Code, § 18-48) Penalty, see § 111.99

§ 111.10 PERMIT REGULATIONS.

(A) Posting of permit. The permit issued pursuant to this chapter shall be conspicuously

displayed at the commercial animal establishment.

(B) Insurance. No permit shall be issued or continued in operation unless there is in full

force and effect a liability insurance policy in the amount of at least $500,000 per occurrence for

bodily injury.

compact and contiguous space specified in the approved permit application. Any temporary

animal exhibition or sales events are subject to temporary conditional use permit requirements of

this code.

(D) Transfer of permit prohibited.

(1) A permit issued pursuant to this chapter is for the person and the persons named on

the approved permit application.

(2) No transfer of a permit shall be permitted from place to place or from person to

person without complying with the requirements of an original permit application.

(Prior Code, § 18-49) Penalty, see § 111.99

§ 111.99 PENALTY.

A violation of this chapter shall be a misdemeanor under Minnesota law.

(Prior Code, § 18-50)

CHAPTER 112: GARAGE SALES

112. GARAGE SALES

Section

112.01 Purpose

112.02 Definition

112.03 Limitations

112.99 Penalty

§ 112.01 PURPOSE.

Limitation of the number and duration of garage sales within the city is intended to maintain

the residential nature of the neighborhoods, prevent an increase in traffic in residential areas at

times and frequencies which may adversely impact other residents, and provide the city with a

method to regulate business activities undertaken in areas not zoned for retail sales.

(Prior Code, § 18-57) (Ord. 238, passed 1989)

§ 112.02 DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context

clearly indicates or requires a different meaning.

GARAGE SALE. An offering of goods to the public on a temporary basis by a person or

organization at a sale site which is not principally used for the purpose of retail sales and where

no other permit has been issued by the city authorizing these sales. As used in this chapter, the

term GARAGE SALE encompasses yard sales, estate sales, moving sales, block sales, rummage

sales, and related sales where second-hand or other goods are sold or displayed to members of

the public on a temporary basis. GARAGE SALE as used in this chapter does not include an

estate sale or auction held at decedent's residence or at the residence of a party holding the sale,

provided the number of sales in any calendar year does not exceed the limitations imposed by

this chapter, and further provided that the sale is conducted by a permitted auctioneer.

(Prior Code, § 18-58) (Ord. 238, passed 1989)

§ 112.03 LIMITATIONS.

(A) Number of sales per year. No person shall hold more than 2 garage sale occasions in

the course of any calendar year without having first applied for a permit to conduct a sale at the

office of the City Clerk. Permits for third or subsequent sales shall not be granted without a

showing of hardship or necessity or without proof that the applicant has a Minnesota sales tax

number when conducted in an area zoned for retail sales.

(B) Other limitations. All garage sales held within the city limits of the City of Park Rapids

shall abide by the following provisions:

(1) No garage sale shall last for more than 3 days in succession;

(2) Garage sales shall not be commenced earlier than 8:00 a.m. and shall not transact

business beyond 6:00 p.m; and

(3) Signs advertising garage sales must comply with existing city ordinances and must

be retrieved by 6:00 p.m. on the day following the last day of the sale.

(Prior Code, § 18-59) Penalty, see § 112.99

§ 112.99 PENALTY.

Any person or organization violating the provisions of this chapter is guilty of a

misdemeanor.

(Prior Code, § 18-60)

CH113. PAWNBROKERS, SDS,

113: PAWNBROKERS, SECOND-HAND GOODS AND JUNK DEALERS

Section

113.01 Purpose

113.02 Definitions

113.03 Exceptions

113.04 Permit required

113.05 Bonds

113.06 Permit application

113.07 Restrictions

113.08 Suspension and revocation

113.09 Records required

113.10 Receipts required

113.11 Reports to police

113.12 Identification requirements

113.13 Holding and redemption periods

113.14 Hours and days of operation

113.15 Unlawful acts

113.99 Penalty

§ 113.01 PURPOSE.

The City Council finds that adequate protection of the public health, safety and welfare

required that the business of pawnbrokers and dealers in second-hand goods, gold, silver, coins,

or junk be regulated and controlled.

(Prior Code, § 18-76)

§ 113.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

PAWNBROKER. A person who loans money on deposit or pledge of personal property, or

other valuable thing, or who deals in the purchasing of personal property or other valuable thing

on condition of selling the same back again at a stipulated price, or who loans money secured by

chattel mortgage on personal property, taking possession of the property or any part thereof so

mortgaged.

SECOND-HAND GOODS DEALER. A person engaging in the business of buying second-

hand goods of any kind, including but not limited to coins, gold, silver, jewelry, metals, wrecked

or dismantled motor vehicles or motor vehicles intended to be wrecked or dismantled, but

excepting goods and merchandise taken as part or full payment for new goods and merchandise.

(Prior Code, § 18-77)

§ 113.03 EXCEPTIONS.

The following business purchases shall not be covered by this chapter:

(A) Purchases from a garage sale of personal property conducted from a residence;

(B) The purchase of used clothing where no single item has a value of greater than $50;

(D) Auction sales;

(E) Used cars sales involving vehicles with title registered through the Department of Motor

Vehicles;

(F) The purchase of used books where no single book has a value of greater than $50;

(G) Any purchase of property from merchants, manufacturers or wholesale dealers having

an established place of business, or of goods purchased at open sale from any bank or from

stock, or of goods purchased at salvaged. This property and goods must be accompanied by a

bill of sale or other evidence of open or legitimate purchase, which must be shown to any police

officer when demanded;

(H) Recycling centers (e.g. aluminum recycling center);

(I) Any purchaser of property at a flea market or swap meet sponsored by a local non-

second-hand goods dealer or pawnbroker or by a community, and conducted on property with

the consent of the owner of the property; where the purchaser is not otherwise required to be

permitted by this chapter; or

(J) Any purchase or sale of scrap metal. SCRAP METAL means any metallic item, other

than precious metal, which is no longer suitable for its intended use and which cannot be

repaired, and which is intended to be refabricated.

(Prior Code, § 18-78)

§ 113.04 PERMIT REQUIRED.

It is unlawful for any person to engage in the business of pawnbroker without a

pawnbroker's permit under this chapter; nor in the business of dealer in second-hand goods or

junk without a second-hand goods dealer's permit or a pawnbroker's permit shall be as set by the

City Council by resolution.

(Prior Code, § 18-101) Penalty, see § 113.99

§ 113.05 BONDS.

(A) Bonds required. Before a permit shall be issued, bonds in the following amounts and

upon the following conditions shall be filed with the City Clerk:

Pawnbroker

$2,000 bond

Second-hand goods dealer or junk dealer with established

place of business

$1,000 bond

(B) Conditions of bond. All bonds shall be conditioned that the principal named therein

will observe all laws in relation to pawnbrokers, dealers in second-hand goods and junk dealers,

and conduct his or her business in conformity thereto, and that he or she will account for and

deliver to any person legally entitled thereto, any goods, wares or merchandise, article or thing,

which may have come into his or her hands through his or her business as the pawnbroker, dealer

in second-hand goods or junk dealer, or in lieu thereof will pay in money to the person or

persons the reasonable value thereof.

(Prior Code, § 18-102) Penalty, see § 113.99

§ 113.06 PERMIT APPLICATION.

Any applicant for a permit as a dealer in second-hand goods shall specify in his or her

application the type of goods, wares or merchandise which he or she desires to deal in and the

permit, if issued, shall limit the dealer to the type of goods, wares, or merchandise specified in

the application.

(Prior Code, § 18-103) Penalty, see § 113.99

§ 113.07 RESTRICTIONS.

(A) Business at only 1 place. Any permit issued under this chapter shall authorize the

permittee to carry on the business only at the place designated in the permit, excepting the

estimating of the value of goods for purchase and the picking up of goods.

(B) Criminal record. No permit shall be issued to any person previously convicted of a

misdemeanor, gross misdemeanor or felony, provided that any applicant convicted of a

misdemeanor may apply to the Council for waiver of this provision. The Council may, at its

discretion, grant a waiver upon demonstration by the applicant that the conviction does not bear a

substantial relationship to the character or ability of the applicant to conduct the business of

pawn broking consistent with the provisions of the chapter.

(Prior Code, § 18-104) Penalty, see § 113.99

§ 113.08 SUSPENSION AND REVOCATION.

(A) Any permit issued pursuant to the provisions of this chapter may be suspended for up to

60 days or revoked for good cause by the Council at a regular or special meeting of the Council.

Written notice shall be served upon the permittee 21 days prior to the date of the hearing.

(B) For the purposes of this chapter, GOOD CAUSE shall include but not be limited to:

(A) Conviction of permittee or any of his or her employees of any crime relating to the

operation of a pawn broking business;

(2) Violation by the permittee or his or her employees of any of the provisions of this

chapter or any other article of the City Code or statute relating to the operation of a pawn broking

business or second-hand goods business;

(3) Failure to cooperate fully with any lawful police investigation;

(4) Falsely stating any material fact on the permit application; or

(5) Submitting a false or incomplete record to the police.

(Prior Code, § 18-105)

§ 113.09 RECORDS REQUIRED.

Every person who shall be engaged in the business of pawnbroker or dealer in second-hand

goods or junk shall maintain a record system whereby at the time of each loan or purchase, an

accurate account or description, in the English language, of the goods, articles or other things

pawned, pledged or purchased, the amount of money loaned or paid therefor, the time of the

receipt of the same and description of the person pawning, pledging or selling the same. These

records shall be kept separate from any other records maintained by the business. Separate pages

in the record system shall be pre-numbered and any gap in numbering shall be noted and

explained on the next numbered sheet. The description of any item of personal property shall

include serial numbers or any other identification numbers where ever possible. The description

of a person shall include compliance with any of the alternative identification requirements of §

113.12 of this division. The provisions of this section shall not apply to dealers in precious

metals permitted under Minnesota State Statute, insofar as they purchase precious metal bullion,

ingots, or coins.

(Prior Code, § 18-121) Penalty, see § 113.99

§ 113.10 RECEIPTS REQUIRED.

Every pawnbroker, dealer in second-hand goods, and junk dealer purchasing or receiving on

deposit for a loan any article or personal property shall give to the person selling or depositing

the article or personal property a receipt with a description of the item. Every pawnbroker,

dealer in second-hand goods, and junk dealer purchasing or receiving on deposit for a loan any

article of personal property shall daily make available to the police a copy of the record

maintained under § 113.09 of this chapter. The provisions of this section shall not apply to

dealers in precious metals permitted under Minnesota State Statute, insofar as they purchase

precious metal bullion, ingots, or coins.

(Prior Code, § 18-122) Penalty, see § 113.99

§ 113.11 REPORTS TO POLICE.

Every pawnbroker, dealer in second-hand goods, or junk dealer shall give to the Police

Department, before 12:00 p.m. of the first and fifteenth of the month, a legible and correct copy,

of the record required by § 113.09 of this chapter of all personal property or other valuable things

received or deposited or purchased during the preceding day, together with the time when

received or purchased and description of the person or person from whom left in pledge or from

whom the same were purchased. This copy shall be kept by the Police Department for its

records. The provisions of this chapter shall not apply to dealers in precious metals permitted

under Minnesota State Statute, insofar as they purchase precious metal bullion, ingots, or coins.

(Prior Code, § 18-123) Penalty, see § 113.99

§ 113.12 IDENTIFICATION REQUIREMENTS.

(A) Each person pawning, pledging, or selling items in an establishment permitted pursuant

to this chapter shall identify himself or herself as provided herein to the permittee or permittee's

agent accepting the pawn, pledge, or sale. Neither the permittee nor any of his or her agents

shall transact any business with any person who fails to identify himself or herself as provided

herein.

(B) Identification shall be made as follows:

(1) By a showing of a Minnesota driver's permit or non-qualification certificate which

was duly issued to the person presenting it by the State of Minnesota. The permittee or agent

shall stamp or record the information contained on the face of the driver's permit or non-

qualification certificate on the record required by § 113.09 of this chapter;

(2) In the event the person has no Minnesota driver's permit or non-qualification

certificate, then by showing of some other form of identification issued him or her by a

governmental body or a recognized organization which shows either his or her picture or a

physical description of him or her or both. The permittee or agent shall record the type of

identification, and the name and physical description on the identification in the record required

by § 113.09 of this division; or

(3) By a statement by the permittee that the person is personally known to the

permittee and a recording of his or her full name.

affirmative duty to compare all pictures, physical descriptions and signatures on the

identification presented with the physical features and signatures of the person presenting the

identification and shall not transact any business with any person who appears to be presenting

false identification. The provisions of this section shall not apply to dealers in precious metals

permitted under Minnesota State Statute, insofar as they purchase precious metal bullion, ingots,

or coins.

(Prior Code, § 18-124)

§ 113.13 HOLDING AND REDEMPTION PERIODS.

(A) Redemption period. Any person pledging an article shall have 45 days to redeem the

same before the pledge becomes forfeitable.

(B) Required holding period. No personal property received on deposit by any pawnbroker

shall be redeemed from the place of business of the pawnbroker for the space of 48 hours not

counting Saturday, Sunday or holidays next after the delivery to the Police Department of the

copy and statement relating thereto as required by § 113.10 of this chapter and no personal

property purchased by any pawnbroker, dealer of second-hand goods, or junk dealer shall be sold

or disposed of in any way within 48 hours not counting Saturday, Sunday, or holidays after 12:00

p.m. of the day for the giving notice as provided in § 113.11 of this chapter to the Police

Department of a copy and statement relating thereto as required in this section. These

requirements shall not apply to precious metals, coins, bullion, or ingots.

police force shall have probable cause to suspect that property listed pursuant to this chapter

shall be stolen property, or constitute evidence of a crime, or that possession of the property is

criminal, or that the property shall constitute evidence that an individual has committed a crime,

he or she shall notify the dealer or dealers not to sell any property so received on deposit or

purchased by them, or permit the same to be redeemed, for a period of at least 48 hours in

addition to the time period provided for in division (A) of this section, not counting Saturday,

Sunday, and holidays.

(Prior Code, § 18-125) Penalty, see § 113.99

§ 113.14 HOURS AND DAYS OF OPERATION.

No property shall be received as a pledge or purchase by any dealer; nor shall any property

except personal wearing apparel be sold before 7:00 a.m. nor after 9:00 p.m. on Sunday. Further,

no pawnbroker or dealer in second-hand goods shall be open for business of any kind on the

following days: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,

and Christmas Day.

(Prior Code, § 18-126) Penalty, see § 113.99

§ 113.15 UNLAWFUL ACTS.

(A) Dealing with minors, and the like. It is unlawful for any pawnbroker, dealer in second-

hand goods or junk dealer to purchase or receive on deposit any personal property, goods, wares,

merchandise, article or thing, from a person under 18 years of age without the written consent of

his or her parent or guardian, persons of unsound mind, or intoxicated persons.

(B) Misconduct of pawnbrokers. It is unlawful for any permitted pawnbroker to:

(1) Have goods in his or her possession and refuse to permit a law enforcement officer

examine them during usual business hours;

(2) Sell pledged goods before the time to redeem has expired; or

(3) Make a loan on a pledge to a person under lawful age, without the written consent

of his or her parent or guardian.

second-hand goods to:

(1) Have goods in his or her possession and refuse to permit a law enforcement officer

to examine them during usual business hours; or

(2) Purchase property from a person under lawful age, without the written consent of

his or her parent or guardian.

(D) Minor, prohibitions. No person under the age of 18 years shall sell, pawn, or pledge

any personal property or other valuable thing to or with any person permitted to do business

under this chapter. It is unlawful for any person under the age of 18 years to represent to any

person permitted under the provisions of this chapter, at the time of his or her selling, pawning,

attempting to pawn, or pledging of any personal property, that he or she is 18 years of age or

over.

(Prior Code, § 18-127) Penalty, see § 113.99

§ 113.99 PENALTY.

Any violation of the various provisions of this chapter is a misdemeanor.

(Prior Code, § 18-79)

114. PEDDLERS, SOLICITORS, AND TRANSIENT

MERCHANTS

Section

114.01 Definitions and interpretation

114.02 Exceptions to definitions

114.03 Permitting

114.04 Fees

114.05 Procedure

114.06 Duration

114.07 Permit exemptions

114.08 Ineligibility for permit

114.09 Suspension and revocation

114.10 Notice of revocation or suspension

114.11 Public hearing

114.12 Emergency

114.13 Appeals

114.14 Transferability

114.15 Registration

114.16 Prohibited activities

114.17 Exclusion by placard

114.18 Effective date

114.99 Penalty

§ 114.01 DEFINITIONS AND INTERPRETATION.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning. Except as may otherwise be provided or clearly

implied by context, all terms shall be given their commonly accepted definitions. The singular

shall include the plural and the plural shall include the singular. The masculine shall include the

feminine and the neuter, and vice-versa. The term SHALL means mandatory and the term MAY

is permissive. The following terms shall have the definitions given to them.

PEDDLER. A person, whether a resident of the City of Park Rapids or not, who goes from

house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-

place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting

to sell, and

delivering immediately upon sale, the goods, wares, products, merchandise, or other personal

property, that the person is carrying or otherwise transporting. The term PEDDLER shall mean

the same as the term HAWKER.

PERSON. Any natural individual, group, organization, corporation, partnership, or

association. As applied to groups, organizations, corporations, partnerships, and associations,

the term shall include each member, officer, partner, associate, agent, or employee.

REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the

purpose of conducting public business. Holidays defined by state law shall not be counted as

regular business days.

SOLICITOR. A person, whether a resident of the City of Park Rapids or not, who goes

from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of

place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares,

products, merchandise, other personal property, or services, of which he or she may be carrying

or transporting samples, or that may be described in a catalog or by other means, and for which

delivery or performance shall occur at a later time. The absence of samples or catalogs shall not

remove a person from the scope of this provision if the actual purpose of the person's activity is

to obtain or attempt to obtain orders as discussed above. The term SOLICITOR shall mean the

same as the term canvasser.

TRANSIENT MERCHANT. A person, whether a resident of the City of Park Rapids or

not, who temporarily sets up business out of any building structure, vacant lot, parking lot, a

vehicle, trailer, tent, or other portable shelter, or empty store front for the purpose of exposing or

displaying for sale, selling or attempting to sell, and delivering goods, wares, products,

merchandise, or other personal property, and who does not remain or intend to remain in any 1

location permanently.

(Prior Code, § 18-146)

§ 114.02 EXCEPTIONS TO DEFINITIONS.

(A) For the purpose of the requirements of this chapter the terms peddler, solicitor, and

transient merchant shall not apply to:

(1) Any person selling or attempting to sell at wholesale any goods, wares, products,

merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler;

(2) The terms also shall not apply to any person who makes initial contacts with other

people for the purpose of establishing or trying to establish a regular customer delivery route for

the delivery of perishable food and dairy products such as baked goods and milk, nor shall they

apply to any person making deliveries of perishable food and dairy products to the customers on

his or her established regular delivery route;

(3) Persons conducting the type of sales commonly known as garage sales, rummage

sales, or estate sales, as well as those persons participating in any organized multi-person bazaar,

flea market or farmer's market;

(4) Anyone conducting an auction as a properly permitted auctioneer, or any officer of

the court conducting a court ordered sale or persons selling goods or wares related to the main

business at the location; and

(5) Any person participating in a sponsored event in town, so long as the person has

registered with the event sponsor as an approved vendor.

(B) Exemption from the definitions for the scope of this chapter shall not excuse any

persons from complying with any other applicable statutory provision or local ordinance.

(Prior Code, § 18-147)

§ 114.03 PERMITTING.

(A) County permit required. No person shall conduct business as a peddler, solicitor, or

transient merchant within the city limits without first having obtained the appropriate permit

from the county as required by M.S. Chapter 329, as it may be amended from time to time.

(B) City permit required. Except as otherwise provided for by this chapter, no person shall

conduct business as either a peddler or a transient merchant without first having obtained a

permit from the city.

merchant shall be made at least 14 regular business days before the applicant desires to begin

conducting business. Failure to meet the required 14 day timeframe will result in a double fee.

Applications for a permit shall be made on a form approved by the City Council and available

from the office of the City Clerk. All applications shall be signed by the applicant. All

applications shall include the following information:

(1) Applicant's full legal name;

(2) All other names under which the applicant conducts business or to which applicant

officially answers;

(3) A physical description of the applicant (hair color, eye color, height, weight,

distinguishing marks and features, and the like);

(4) Full address of applicant's permanent residence;

(5) Telephone number of applicant's permanent residence;

(6) Full legal name of any and all business operation(s) owned, managed, or operated

by applicant, or for which the applicant is an employee or agent;

(7) Full address of applicant's regular place of business (if any);

(8) And all business related telephone number(s) of the applicant;

(9) The type of business for which the applicant is applying for a license;

(10) Whether the applicant is applying for an annual or daily license;

(11) The dates during which the applicant intends to conduct business, and if the

applicant is applying for a daily license, the number of days he or she will be conducting

business in the city;

(12) Any and all address(es) and telephone number(s) where the applicant can be

reached while conducting business within the city, including the location where a transient

merchant intends to set up business;

(13) A statement as to whether or not the applicant has been convicted within the last 5

years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal

statute or any local ordinance, other than traffic offenses;

(14) A list of the most recent locations where the applicant has conducted business as a

peddler or transient merchant;

(15) Proof of any required county permit;

(16) Written permission of the property owner or the property owner's agent for any

property to be used by a transient merchant;

(17) A general description of the items to be sold or services to be provided; and

(18) All additional information deemed necessary by the city.

(Prior Code, § 18-148) Penalty, see § 114.99

§ 114.04 FEES.

All applications for a permit under this chapter shall be accompanied by the fee established

in the city's Fee Schedule, Chapter 36, as adopted from time to time by a resolution passed by the

Council.

(Prior Code, § 18-149) Penalty, see § 114.99

§ 114.05 PROCEDURE.

Upon receipt of the completed application and payment of the permit fee, the City Clerk and

the City Administrator, or the City Administrator's designee, shall within 2 regular business days

of receipt, issue the permit or inform the applicant of the reasons for denial of the application.

An application shall be determined to be complete only if all required information is provided. If

the Clerk determines that the application is incomplete, the Clerk shall inform the applicant of

the required necessary information which is missing. The City Clerk shall inform the City

Council, at its next regular meeting date of applications received and permits issued or denied.

In the event of denial of the permit, the applicant will be notified in writing of the denial and the

reasons therefor and further be notified of his or her right to appeal the denial by requesting a

hearing within 10 days of receiving notice of rejection. Upon receipt of a request for a hearing,

the City Clerk will schedule the hearing within 10 days. The hearing will be conducted by 3

people including the Mayor or 1 of the Council whom the Mayor may designate, the Director of

the Park Rapids Area Chamber of Commerce and 1 other person appointed by the Director of the

Chamber of Commerce. The final decision of the hearing body will be issued within 5 days,

shall be in writing, and shall state its findings. The decision of the 3 member body is viewed as

the city's "final decision" and shall be appealable by petitioning the Minnesota Court of Appeals

for a writ of certiorari.

(Prior Code, § 18-150)

§ 114.06 DURATION.

An annual permit granted under this chapter shall be valid for 1 calendar year from the date

of issue. A seasonal permit granted under this chapter shall be valid for no more than 4 months

from the date of issue. All other permits granted under this chapter shall be valid only during the

time period indicated on the permit.

(Prior Code, § 18-151)

§ 114.07 PERMIT EXEMPTIONS.

(A) No permit shall be required for any person who sells or attempts to sell, or to take or

attempt to take orders for, any product grown, produced, cultivated, or raised on any farm by the

person.

(B) No permit shall be required of any person going from house-to-house, door-to-door,

business-to-business, street-to-street, or type of place-to-place when the activity is for the

purpose of exercising that person's state or federal constitutional rights (i.e., freedom of speech,

press, religion and the like) except that this exemption may be lost if the person's exercise of

constitutional rights is merely incidental to a commercial activity.

attempt to take orders for any product or service supplied to the person by a tax-exempt non-

profit organization, the person being a member of the organization, and the proceeds generated

by the sales becoming the property of the non-profit organization.

(2) Professional fund raisers working on behalf of an otherwise exempt person or

group shall not be exempt from the permitting requirements of this chapter.

(Prior Code, § 18-152)

§ 114.08 INELIGIBILITY FOR PERMIT.

The following shall be grounds for denying a permit under this chapter:

(A) The failure of the applicant to obtain and show proof of having obtained any required

county permit;

(B) The failure of the applicant to truthfully provide any of the information requested by the

city as a part of the application, or the failure to sign the application, or the failure, to pay the

required fee at the time of application;

any violation of any federal or state statute or regulation, or of any local ordinance, which

adversely reflects on the person's ability to conduct the business for which the permit is being

sought in an honest and legal manner or that will not adversely affect the health, safety, and

welfare of the residents of the city. These violations shall include, but not be limited to,

burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or

threatened physical harm against another person;

(D) The revocation within the past 5 years of any permit issued to the applicant for the

purpose of conducting business as a peddler, solicitor, or transient merchant; and

(E) The applicant is determined to have a bad business reputation. Evidence of a bad

business reputation shall include, but not be limited to, the existence of more than 2

complaints(s) against the applicant with the Better Business Bureau, the Attorney General's

Office, or other similar business or consumer rights office or agency, within the preceding 12

months, or 4 complaints filed against the applicant within the preceding 5 years.

(Prior Code, § 18-153) Penalty, see § 114.99

§ 114.09 SUSPENSION AND REVOCATION.

(A) Any permit issued under this chapter may be suspended or revoked at the discretion of

the City Clerk for violation of any of the following:

(1) Fraud, misrepresentation, or incorrect statements on the application form;

(2) Fraud, misrepresentation, or false statements made during the course of the

permitted activity;

(3) Conviction of any offense for which granting of a permit could have been denied

under § 114.08 of this chapter; and

(4) Violation of any provision of this chapter.

(B) The suspension or revocation of any permit issued for the purpose of authorizing

multiple persons to conduct business as a peddler or transient merchants on behalf of the

permittee, shall serve as a suspension or revocation of each authorized person's authority to

conduct business as a peddler or transient merchant on behalf of the permittee whose permit is

suspended or revoked.

(Prior Code, § 18-154) Penalty, see § 114.99

§ 114.10 NOTICE OF REVOCATION OR SUSPENSION.

Prior to revoking or suspending any permit issued under this chapter, the city shall provide

the permit holder with written notice of the alleged violation(s) and inform the permittee of his or

her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to

the permanent residential address listed on the permit application, or if no residential address is

listed, to the business address provided on the permit application.

(Prior Code, § 18-155)

§ 114.11 PUBLIC HEARING.

(A) Upon receiving the notice provided in § 114.10, the permittee shall have the right to

request a public hearing. If no request for a hearing is received by the City Clerk within 10

regular business days following the service of the notice, the city may proceed with the

suspension or revocation.

(B) For the purpose of mailed notices, service shall be considered complete as of the date

the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a

hearing shall be scheduled within 20 days from the date of request.

permittee of its decision.

(Prior Code, § 18-156)

§ 114.12 EMERGENCY.

If in the discretion of the City Council, imminent harm to the health or safety of the public

may occur because of the actions of a peddler or transient merchant permitted under this chapter,

the Council may immediately suspend the person's permit and provide notice of the right to hold

a subsequent public hearing as prescribed in § 114.11 of this chapter.

(Prior Code, § 18-157)

§ 114.13 APPEALS.

Any person whose permit is suspended or revoked under this chapter shall have the right to

appeal that decision in court.

(Prior Code, § 18-158)

§ 114.14 TRANSFERABILITY.

No permit issued under this chapter shall be transferred to any person other than the person

to whom the permit was issued.

(Prior Code, § 18-159) Penalty, see § 114.99

§ 114.15 REGISTRATION.

All solicitors, and any person exempt from the permitting requirements of this chapter under

§ 114.07, shall be required to register with the city. Registration shall be made on the same form

required for a permit application, but no fee shall be required. Immediately upon completion of

the registration form, the City Clerk shall issue to the registrant a certificate of registration as

proof of the registration. Certificates of registration shall be non-transferable.

(Prior Code, § 18-160) Penalty, see § 114.99

§ 114.16 PROHIBITED ACTIVITIES.

No peddler, solicitor, or transient merchant shall conduct business in any of the following

manners:

(A) Calling attention to his or her business or items to be sold by means of blowing any

horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably

audible within an enclosed structure;

(B) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley,

sidewalk, or other public right-of-way;

any individual or the general public;

(D) Conducting business before 7:00 a.m. in the morning, or after 9:00 p.m.;

(E) Failing to provide proof of permit or registration, and identification, when requested, or

using the permit or registration of another person;

(F) Making any false or misleading statements about the product or service being sold,

including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall

claim to have the endorsement of the city solely based on the city having issued a permit or

certificate of registration to the person; or

(G) Remaining on the property of another when requested to leave, or to otherwise conduct

business in a manner a reasonable person would find obscene, threatening, intimidating, or

abusive.

(Prior Code, § 18-161) Penalty, see § 114.99

§ 114.17 EXCLUSION BY PLACARD.

No peddler, solicitor, or transient merchant, unless invited to do so by the property owner or

tenant, shall enter the property of another for the purpose of conducting business as a peddler,

solicitor, or transient merchant when the property is marked with a sign or placard at least 3-3/4

inches long and 3-3/4 inches wide with print of at least 48 point in size stating "No Peddler,

Solicitors, or Transient Merchants," or "Peddlers, Solicitors, and Transient Merchants

Prohibited," or other comparable statement. No person other than the property owner or tenant

shall remove, deface, or otherwise tamper with any sign or placard under this section.

(Prior Code, § 18-162) Penalty, see § 114.99

§ 114.18 EFFECTIVE DATE.

This chapter shall take effect upon publication in the city's official newspaper.

(Prior Code, § 18-166)

§ 114.99 PENALTY.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor.

Each day a violation exists shall constitute a separate violation for the purposes of this chapter.

The city reserves the right to use its administrative penalties ordinance in lieu of criminal

penalties.

(Prior Code, § 18-163)

15. PLUHAPTER 115: PLUMBERS

115. PLUMBERS

Section

115.01 Permit

115.02 State license

115.03 Exemption from state master plumbers license requirement

115.04 Applications

115.05 Bond

115.06 Insurance

115.07 Worker’s Compensation

115.08 Permits, fees and exceptions

§ 115.01 PERMIT.

No person, firm or corporation shall engage in the business of plumbing in this city without

first having obtained a regular annual plumber's permit, furnished the necessary bond, and given

proof as to adequate insurance coverage.

(Prior Code, § 18-201) Penalty, see § 10.99

§ 115.02 STATE LICENSE.

Plumbers licensed by the State Commissioner of Health shall be permitted to engage in the

business of plumbing in this city. No person, firm or corporation shall engage in or work at the

business of a master plumber or journeyman plumber unless licensed to do so by the State

Commissioner of Health. A master plumber may also work as a journeyman plumber. The

plumbers must, however, obtain the annual city plumbers permit and furnish the necessary bond

and insurance coverage. Anyone not so licensed by the state may do plumbing work which

complies with the provisions of the minimum standard prescribed by the State Commissioner of

Health, on premises, owned and actually occupied by the worker as a residence.

(Prior Code, § 18-202) (Am. Ord. 450, passed 1-10-2006)

§ 115.03 EXEMPTION FROM STATE MASTER PLUMBERS LICENSE

REQUIREMENT.

(A) Individuals exempt from the requirements of § 115.02 are listed below.

Qualified reduced pressure zone valve installers

Qualified back flow preventor valve installers

Qualified water conditioner installers

(B) Any additional work performed in the plumbing realm requires compliance with §

115.02.

(Prior Code, § 18-203) (Am. Ord. 450, passed 1-10-2006)

§ 115.04 APPLICATIONS.

Application for a plumber’s permit shall be made to the City Clerk, accompanied by a fee as

determined by the City Council. The City Council reserves the right to revoke any plumber’s

permit in case of violation of any rules and regulations set forth or which may be made to govern

the management of the city water or sewer systems or for incompetence or neglect. The permit

shall be renewed each and every year before January 1.

(Prior Code, § 18-204) (Am. Ord. 450, passed 1-10-2006)

§ 115.05 BOND.

The applicant shall furnish the city with proof of a good and sufficient code compliance

bond issued by a company authorized to do business in Minnesota, to protect, indemnify and

save harmless the city from any and all loss, claim, suit or damage, direct or consequential, that

the city may sustain by reason of the violation of any rules or regulations. The amount of the

bond shall meet the requirements of the State of Minnesota.

(Prior Code, § 18-205) (Am. Ord. 450, passed 1-10-2006)

§ 115.06 INSURANCE.

The plumbers shall furnish evidence to the city that, with respect to the operations he or she

performs, he or she carries regular contractor's liability insurance providing for a limit of not less

than $500,000 for all damages arising out of bodily injuries to or death of 1 person and subject to

that limit for each person, a total limit of $1,000,000 for all damages arising out of bodily

injuries to or death of 2 or more persons in any 1 accident, and regular contractor's property

damage insurance providing for a limit of not less than $50,000 for all damages arising out of

injury to or destruction of property in any 1 accident and subject that limit per accident, a total

of $50,000 for all damages arising out of injury

to or destruction of property during the policy period. If any part of the work is sublet, similar

insurance shall be provided by or in behalf of the subcontractors to cover their operations.

Policies must include overage for underground hazards.

(Prior Code, § 18-206)

§ 115.07 WORKER’S COMPENSATION.

The attention of the plumber is directed to the provisions of the state statutes relating to

Worker's Compensation insurance, which laws shall be applicable.

(Prior Code, § 18-207)

§ 115.08 PERMITS, FEES AND EXCEPTIONS.

(A) No plumbing systems, equipment or fixtures shall be installed contrary to this chapter

within or on any building, structure or premises, publicly or privately owned, nor shall any

alteration or addition thereto or to existing fixtures, equipment or systems be made without first

securing a permit therefor from the City Clerk. No permit will be required to execute any of the

classes of plumbing work specified in the following:

(1) Public service corporations shall not be required to obtain permits or inspection for

work upon or in connection with their own properties; or

(2) Manufacturers shall not be required to obtain permits or inspection for work

incorporated within equipment as a part of product manufacturing. Application for the permit,

describing the work to be done, shall be made in writing to the Plumbing Inspector by the

person, firm, or corporation installing the work. The application shall be accompanied by plans,

specifications and schedules as may be necessary to determine whether the installations as

described will be in conformity with the requirements of this chapter. If it shall be found that the

installation as described will conform with all legal requirements and if the applicant has

complied with all provisions of this chapter, a permit for the installation shall be issued.

(B) Plumbing inspection permit fees shall be established by the Council and listed in the

Fee Schedule located in Chapter 36 of this code. Notification for inspection must be made in

compliance with the Minnesota Plumbing Code, Section M.H.D. 134(b).

(Prior Code, § 18-208)

CHAPTER 116: MECHANICAL CONTRACTORS

Section

116.01 Purpose

116.02 Definitions

116.03 Permit required

116.04 Permit application

116.05 Duration of permit

116.06 Renewal

116.07 Eligibility for permit

116.08 Permit fee

116.09 Bond requirement

116.10 Restriction regarding permit transfer

116.11 Sanctions for permit violations

116.99 Penalty

§ 116.01 PURPOSE.

The purpose of this chapter of the City Code is to permit and regulate mechanical

contractors operating within the City of Park Rapids in order to protect the health, safety, and

welfare of the general public.

(Prior Code, § 18-220)

§ 116.02 DEFINITIONS.

For the purpose of this chapter, the following definition shall apply unless the context

clearly indicates or requires a different meaning.

MECHANICAL CONTRACTOR. Any person who is in the business of providing or

contracting for the service, erection, construction, alteration, change, or repair of any heating,

ventilating, air conditioning system or any person who is in the business of erecting,

constructing, altering, extending, repairing, or changing any natural gas piping or natural gas

burning device.

(Prior Code, § 18-221)

§ 116.03 PERMIT REQUIRED.

No mechanical contractor shall operate or perform services within the City of Park Rapids

without first procuring a permit and a bond pursuant to this chapter.

(Prior Code, § 18-222) Penalty, see § 116.99

§ 116.04 PERMIT APPLICATION.

Application for a permit under this chapter shall be made in writing to the City Clerk and

shall be on a form provided by the City of Park Rapids.

(Prior Code, § 18-223) Penalty, see § 116.99

§ 116.05 DURATION OF PERMIT.

A mechanical contractor permit issued under this chapter shall terminate on December 31 of

each year.

(Prior Code, § 18-224)

§ 116.06 RENEWAL.

An application for the renewal of an existing mechanical contractor permit shall be made

prior to the expiration date on the permit and shall be made in a form as the City of Park Rapids

may require.

(Prior Code, § 18-225)

§ 116.07 ELIGIBILITY FOR PERMIT.

No person shall be granted a mechanical contractor's permit without demonstrating to the

City Clerk that the applicant has secured necessary bonds as outlined in § 116.09.

(Prior Code, § 18-226) Penalty, see § 116.99

§ 116.08 PERMIT FEE.

The fee for a mechanical contractors permit under this chapter shall be set by the City

Council and detailed in Chapter 36.

(Prior Code, § 18-227)

§ 116.09 BOND REQUIREMENT.

Prior to the issuance of any mechanical contractor permit the City of Park Rapids shall

require that the applicant deposit a bond approved as to the form in the amount of $25,000 in

favor of the city, conditioned upon the satisfactory observation of all the requirements of this

code pertaining to mechanical contractors. The bond may be of continuous form with

accumulative liability, and shall be cancellable only after 10 days' written notice to the city. The

permit shall remain in force only during the term of a valid bond.

(Prior Code, § 18-228)

§ 116.10 RESTRICTION REGARDING PERMIT TRANSFER.

The permit granted under this chapter is for the person named on the approved permit

application. No transfer of a permit shall be permitted from place-to-place or from person-to-

person without complying with the requirements of an original application.

(Prior Code, § 18-229) Penalty, see § 116.99

§ 116.11 SANCTIONS FOR PERMIT VIOLATIONS.

(A) Suspension or revocation. The City Council may suspend or revoke a permit issued

pursuant to this chapter for a violation of:

(1) Fraud, misrepresentation, or false statement contained in a permit application or a

renewal application;

(2) Fraud, misrepresentation, or false statement made in the course of carrying on the

permitted occupation or business;

(3) Any violation of this chapter or state law;

(4) A permittee's criminal conviction that is directly related to the occupation or

business permitted as defined by M.S. § 364.03, subdivision 2, as it may be amended from time

to time, provided that the permittee cannot show competent evidence of sufficient rehabilitation

and present fitness to perform the duties of the permitted occupation or business as defined by

M.S. § 364.03, subdivision 3, as it may be amended from time to time; or

(5) Conducting the permitted business or occupation in an unlawful manner or in a

manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or

general welfare of the community.

(B) Notice and hearing. A revocation or suspension by the City Council shall be preceded

by written notice to the permittee and a hearing. The notice shall give at least 8 days' notice of

the time and place of the hearing and shall state the nature of the charges against the permittee.

The notice shall be mailed by certified mail to the permittee at the most recent address on the

permit application.

(Prior Code, § 18-230)

§ 116.99 PENALTY.

A violation of this chapter shall be a misdemeanor under Minnesota law.

(Prior Code, § 18-231)

CHAPTER 117: WRECKING YARDS AND JUNK YARDS

117. WRECKING YARDS AND JUNK YARDS

Section

117.01 Permit required; application; fee

117.02 Regulation

117.03 Revocation

117.99 Penalty

§ 117.01 PERMIT REQUIRED; APPLICATION; FEE.

Any person, partnership or corporation desiring to establish and/or maintain a junk yard,

general wrecking yard or automobile wrecking yard or business in the City of Park Rapids, shall

make written application to the Council for a permit setting forth his or her name and address,

and the legal description of the premises upon which it is granted. The fee for every permit shall

be established by the Council and listed in Chapter 36 of this code. All permits shall expire on

December 31 following their issuance. The permits can be renewed from year to year upon

application to the Council on payment of the fee established in the Fee Schedule, Chapter 36.

(Prior Code, § 18-256)

§ 117.02 REGULATION.

Any person operating a junk yard or automobile wrecking business shall keep the premises

in a neat and orderly condition. All premises shall be enclosed by a tight board fence of even

height and at least 7 feet high which shall be kept in neatly painted condition. No junk or auto

parts shall be allowed to remain outside the fence.

(Prior Code, § 18-257) Penalty, see § 117.99

§ 117.03 REVOCATION.

The Council shall have the right to revoke a permit at any time for cause, but only after a

hearing, notice of which shall be served upon the owner of the business at least 10 days before

the hearing.

(Prior Code, § 18-258)

§ 117.99 PENALTY.

Any person violating any of the terms and conditions of this chapter shall be guilty of a

misdemeanor.

(Prior Code, § 18-241)

CHAPTER 118: BACKHOE OPERATORS

118. BACKHOE OPERATORS

Section

118.01 Permit

118.02 Permitted plumbers

118.03 Applications

118.04 Bond

118.05 Insurance

118.06 Worker’s Compensation

118.07 Permits; fees; exceptions

118.08 Inspections

118.09 Board of Review

118.99 Penalty

§ 118.01 PERMIT.

No person, firm or corporation shall engage in the business of the installation or repair of

sewer or water lines in the city without first having obtained a regular annual backhoe operator's

permit, furnished the necessary bond, and given proof as to adequate insurance coverage.

(Prior Code, § 18-281) Penalty, see § 118.99

§ 118.02 PERMITTED PLUMBERS.

Plumbers permitted by the City of Park Rapids or by the State Board of Health pursuant to

Chapter 115, Plumbers, of the Park Rapids City Code shall not be required to obtain a separate

permit for the operation of a backhoe in the installation or repair of sewer or water lines.

(Prior Code, § 18-282)

§ 118.03 APPLICATIONS.

Application for a backhoe operator's permit shall be made to the City Clerk, accompanied by

permit fee. The fee for every permit shall be established by the Council and listed in the Fee

Schedule, Chapter 36 of this code. The City Council reserves the right to revoke any backhoe

operator's permit in case of violation of any of the rules and regulations set forth or which may

be made to govern the management of the city water or sewer system or for incompetence or

neglect. The permit shall be renewed each and every year before January 1.

(Prior Code, § 18-283)

§ 118.04 BOND.

If the application for a backhoe operator's permit is approved by the City Council, the

applicant shall furnish the city with an unlicensed plumbing contractor's bond issued by a

company authorized to do business in the State of Minnesota in the sum of $25,000 to protect,

indemnify and save harmless the city from any and all loss, claim, suit or damage, direct or

consequential, that the city may sustain by reason of the violation of any rules or regulations. The

amount of the bond may be increased by Council resolution to meet the requirements of the State

of Minnesota.

(Prior Code, § 18-284) Penalty, see § 118.99

§ 118.05 INSURANCE.

The backhoe operator shall furnish evidence to the city that, with respect to the operations

he or she performs, he or she carries regular contractor's liability insurance providing for a limit

of not less than $500,000 for damages arising out of bodily injuries to or death of 1 person and

subject to that limit for each person, a total limit of $1,000,000 for all damages arising out of

bodily injuries to or death of 2 or more persons in any 1 accident, and regular contractor's

property damage insurance providing for a limit of not less than $50,000 for all damages arising

out of injury to or destruction of property in any 1 accident and subject to that limit per accident,

a total of $50,000 for all damages arising out of injury to or destruction of property during the

policy period. If any part of the work is sublet, similar insurance shall be provided by or in

behalf of the subcontractors to cover their operations. Policies must include coverage for

underground hazards.

(Prior Code, § 18-285) (Ord. 457, passed 4-25-2006) Penalty, see § 118.99

§ 118.06 WORKER’S COMPENSATION.

The attention of the backhoe operator is directed to the provisions of the state statutes

relating to Worker's Compensation insurance, which laws shall be applicable.

(Prior Code, § 18-286)

§ 118.07 PERMITS; FEES; EXCEPTIONS.

(A) No sewer or water lines which are attached to or form a part of the city's system shall be

repaired or installed contrary to this chapter within or on any building or premises whether

publicly or privately owned, nor shall any alteration or addition thereto be made without first

securing a permit from the City Clerk. No permit will be required by public service corporations

for work upon or in connection with their own properties.

(B) Every backhoe operator permitted by a permit under this chapter shall be held

responsible for all acts of his agents or employees, and any backhoe operator so permitted who

refuses or neglects to comply with the provisions of this code may have his or her permit

suspended or canceled by the City Council, in which case he or she will be debarred from

obtaining a permit to do any work requiring the services of a permitted backhoe operator, during

the time as the Council may deem proper.

be used by any other person, either for the purpose of obtaining permits or doing any work under

the permit.

(Prior Code, § 18-287) Penalty, see § 118.99

§ 118.08 INSPECTIONS.

Any inspections required pursuant to this chapter shall be done by the City Building

Inspector in conformity with those provisions of the City Code dealing with the permitting of

plumbers pursuant to Chapter 115, Plumbers.

(Prior Code, § 18-288)

§ 118.09 BOARD OF REVIEW.

(A) The Council in and for the City of Park Rapids, Minnesota, shall act as a Board of

Review under this chapter.

(B) Any person, firm or corporation may register an appeal with the Council for a review of

any decision of the City Building Inspector, provided that the appeal is made in writing within 5

days after the person, firm or corporation shall have been notified of the decision by the City

Building Inspector. Upon receipt of the appeal the Council shall proceed to determine whether

the action of the City Building Inspector complies with this chapter and at its next regularly

scheduled meeting shall make a decision in accordance with its findings.

(Prior Code, § 18-289)

§ 118.99 PENALTY.

Any person violating any provision of this chapter shall be guilty of a misdemeanor.

(Prior Code, § 18-271)

CHAPTER 119: ADULT ESTABLISHMENTS

119. ADULT ESTABLISHMENTS

Section

119.01 Purpose and intent

119.02 Definitions

119.03 Application of this chapter

119.04 Location

119.05 Hours of operation

119.06 Operation

119.07 Permit

119.08 Fees

119.09 Inspection

119.10 Expiration and renewal

119.11 Suspension

119.12 Revocation

119.13 Transfer of permit

§ 119.01 PURPOSE AND INTENT.

(A) Findings. It is the purpose of this chapter to regulate adult oriented businesses to

promote the health, safety, morals, and general welfare of the citizens of the City of Park Rapids

and to establish reasonable and uniform regulations to:

(1) Prevent additional criminal activity within the City of Park Rapids;

(2) Prevent deterioration of neighborhoods and its consequent adverse effect on real

estate values or properties within the neighborhood;

(3) To locate adult oriented businesses away from residential areas, schools, churches,

and parks and playgrounds; and

(4) Prevent concentration of adult oriented businesses within certain areas of the city.

(B) (1) The provisions of this chapter have neither the purpose nor effect of imposing a

limitation or restriction on the content of any communicative materials, including adult oriented

materials.

(2) Similarly, it is not the intent nor effect of this chapter to restrict or deny access by

adults to adult oriented materials protected by the First Amendment, or to deny access by

distributors and exhibitors of adult oriented entertainment to their intended market.

(Prior Code, § 18-300)

§ 119.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ADULT BOOK AND/OR MEDIA STORE. An establishment which excludes minors and

which has a substantial portion of its stock in trade or stock on display book, magazines, films

describing or relating to specified sexual activities or specified anatomical areas.

ADULT CABARET. An establishment which provides dancing or other live entertainment,

if the establishment excludes minors by virtue of age from all or part of the establishment and if

the dancing or other live entertainment is distinguished or characterized by an emphasis on the

performance, depiction or description of specified sexual activities or specified anatomical areas.

ADULT ESTABLISHMENT. Any business which offers its patrons services,

entertainment, or the sale of merchandise characterized by an emphasis on matter depicting,

exposing, describing, discussing, or relating to specified sexual activities or specified anatomical

areas. Specifically included in the term, but without limitation, are adult book and media stores,

adult cabarets, adult hotels or motels, adult mini-motion picture theaters, adult modeling studios,

adult motion picture arcades, adult motion picture theaters, adult novelty businesses, and other

adult establishments.

ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically

excluded from patronage and wherein material is presented which is distinguished or

characterized by an emphasis on matter depicting, describing, or relating to specified sexual

activities or specified anatomical areas.

ADULT MINI-MOTION PICTURE THEATER.

(1) A theater in an enclosed building, from which minors are excluded from all or part

of the establishment, with a capacity for less than 100 persons used for presenting motion

pictures, including but not limited to film, videotape and DVD, having as a dominant theme

material distinguished or characterized by an emphasis on matter depicting, describing, or

relating to specified sexual activities or specified anatomical areas.

(2) Any business which present motion pictures, from which minors are excluded from

all or part of the establishment, including films, videotapes and DVD, having as a dominant

theme material distinguished or characterized by an emphasis on matter depicting, describing or

relating to specified sexual activities or specified anatomical areas, for viewing on the premises,

including but not limited to private booths, viewing by means of coin operated or other

mechanical devices, and the viewing or excerpt of motion pictures offered for sale or rent.

ADULT MODELING STUDIO. An establishment, which excludes minors from all or part

of the establishment, whose major business is the provision, to customers, or figure models who

are so provided with the intent of providing sexual stimulation or sexual gratification to the

customer and who engage in specified sexual activities or display specified anatomical areas

while being observed, painted, painted upon, sketched, drawn, sculpted, photographed or

otherwise depicted by the customers.

ADULT MOTION PICTURE ARCADE. Any place which excludes minors from all or part

of the establishment wherein coin or token operated or electronically, electrically, or

mechanically controlled or operated still or motion picture machines, projectors, video machines

or other image producing devices are maintained to show images to 5 or fewer persons per

machine at any 1 time, and where the images so displayed are distinguished or characterized by

an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which

minors are excluded from all or part of the establishment, with a capacity of 100 or more persons

used regularly and routinely for presenting live entertainment or motion pictures, including but

not limited to film and videotapes, having as a dominant theme material distinguished or

characterized by an emphasis on matter depicting, describing, or relating to specified sexual

activities or specified anatomical areas for observation by patrons herein.

ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or

part of the establishment, which sells, offers to sell, or displays devices which simulate human

genitals or devices which are designed for sexual stimulation.

ADULT USE. Any of the activities and businesses described below constitute adult

oriented businesses which are subject to the regulation of this chapter.

SPECIFIED ANATOMICAL AREAS. Any of the following conditions:

(1) Less than completely and opaquely covered;

(a) Human genitals, pubic region, or pubic hair;

(b) Buttock; and

(2) Human male genitals in a discernible turgid state, even if opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:

(1) An act of sexual intercourse, normal or perverted, actual or simulated, including

genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or

between a human being and an animal;

(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is

nude or clad in undergarments or in a revealing costume or the condition of being fettered,

bound, or otherwise physically restricted on the part of 1 so clothed;

(3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up

representation of a human genital organ clothed or unclothed; or

(4) Physical contact or simulated physical contact with the clothed or unclothed pubic

areas or buttocks of a human male or female, or the breasts of a female, whether alone or

between members of the same or opposite sex or between humans and animals in an act of

apparent sexual stimulation or gratification.

(Prior Code, § 18-301)

§ 119.03 APPLICATION OF THIS CHAPTER.

(A) Except as in this chapter specifically provided, no structure shall be erected, converted,

enlarged, reconstructed, or altered, and no structure or land shall be used, for any purpose not in

any manner which is not in conformity with this chapter.

(B) No adult oriented business shall engage in any activity or conduct or permit any other

person to engage in any activity or conduct in or about the establishment which is prohibited by

any ordinance of the City of Park Rapids, the laws of the State of Minnesota or the United States

of America. Nothing in this chapter shall be construed as authorizing or permitting conduct

which is prohibited or regulated by other statutes or ordinances, including but not limited to

statutes or ordinances prohibiting the exhibition, sale, or distribution of obscene material

generally, or the exhibition, sale or distribution of specified materials to minors.

(Prior Code, § 18-302) Penalty, see § 10.99

§ 119.04 LOCATION.

Adult oriented businesses may be located only in those zones as set forth in § 151.066 of the

Park Rapids City Code.

(Prior Code, § 18-303) Penalty, see § 10.99

§ 119.05 HOURS OF OPERATION.

No adult oriented business site shall be open to the public from the hours of 11:00 p.m. to

9:00 a.m.

(Prior Code, § 18-304) Penalty, see § 10.99

§ 119.06 OPERATION.

(A) Off-site viewing. An establishment operating as an adult oriented business shall prevent

off-site viewing of its merchandise, which if viewed by a minor, would be in violation of M.S.

Chapter 617, as it may be amended from time to time, or other applicable federal or state statutes

or local ordinances.

(B) Entrances. All entrances to the business, with the exception of emergency fire exits

which are not useable by patrons to enter the business, shall be visible from a public right-of-

way.

establishment and any law enforcement personnel inside the store can observe all patrons while

they have access to any merchandise offered for sale or viewing including but not limited to

books, magazines, photographs, video tapes, or any other material.

(D) Illumination. Illumination of the premises exterior shall be adequate to observe the

location and activities of all persons on the exterior premises.

(E) Signs. Signs for adult oriented businesses shall comply with those sign regulations

addressed in § 151.189 of the Park Rapids City Code, and in addition signs for adult oriented

businesses shall not contain representational depiction of an adult nature or graphic descriptions

of the adult theme of the operation.

(Prior Code, § 18-305) Penalty, see § 10.99

§ 119.07 PERMIT.

(A) Permits required. All establishments, including any business operating at the time this

chapter becomes effective, operating or intending to operate adult oriented business, shall apply

for and obtain a permit from the City of Park Rapids. A person is in violation of the City Code if

he or she operates an adult oriented business without a valid permit, issued by the city.

(B) Application. An application for a permit must be made on a form provided by the city.

(1) The application must be accompanied by a sketch or diagram showing the

configuration of the premises, including a statement of total floor space occupied by the

business. The sketch or diagram need not be professionally prepared but must be drawn to a

designated scale or drawn with marked dimensions of the interior of the premises to an accuracy

of plus or minus 6 inches.

(2) The application must be qualified according to the provisions of this section and the

premises must be inspected and found to be in compliance with the appropriate state, county, and

local law and codes by the health official, Fire Marshal, and Building Official.

(3) Application for permit shall contain the address and legal description of the

property to be used, the names, addresses, phone numbers, dates of birth, of the owner, lessee, if

any, the operator or manager, and all employees; the name, address, and phone number of 2

persons, who shall be residents of the State of Minnesota, and who may be called upon to attest

to the applicant's, manager's or operator's character, whether the applicant, manager, or operator

has ever been convicted of a crime or offense other than a traffic offense, if so, complete and

accurate information the disposition thereof, the names and addresses of all creditors of the

applicant, owner, lessee, or manager insofar as the regarding credit which has been extended for

the purposes of constructing, equipping, maintaining, operating or furnishing or acquiring the

premises, personal effects, equipment, or anything incident to the establishment, maintenance

and operation of the business.

(4) If the application is made on behalf of a corporation, joint business venture,

partnership, or any legally constituted business association, it shall submit along with its

application, accurate and complete business records showing the names, addresses, and dates of

birth of all individuals having an interest in the business, including partners, officers, owners,

and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of

the business and, in the case of a corporation, the names, addresses, and dates of birth of all

officers, general managers, members of the Board of Directors as well as any creditors who have

extended credit for the acquisition, maintenance, operation, or furnishing of the establishment

including the purchase or acquisition of any items of personal property for use in the operation.

(5) All applicants shall furnish to the city, along with their applications, complete and

accurate documentation establishing the interest of the applicant and any other person having an

interest in the premises upon which the building is proposed to be located or the furnishings

thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall

be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement,

loan agreements, security agreements, and any other documents establishing the interest of the

applicant or any other person in the operation, acquisition or maintenance of the enterprise.

(6) The permit fee required by this chapter must accompany the application.

(7) An applicant is ineligible for a permit if applicant has been convicted of a crime

involving any of the following offenses:

(a) Any obscenity crime as defined by M.S. 617.23 through 617.299 inclusive, as

it may be amended from time to time, or as defined by any ordinance or statute in conformity

therewith;

(b) Any obscenity crime as define by M.S. 617.23 through 617.299 inclusive, as it

may be amended from time to time, or as defined by any ordinance or statute in conformity

therewith; for which:

1. Less than 2 years have elapsed since the date of conviction or the date of

release from confinement imposed for the conviction, whichever is the later date, if the

conviction is of a misdemeanor offense.

2. Less than 5 years have elapsed since the date of the last conviction or the

date of release from confinement for the conviction, whichever is the later date, if the conviction

is a gross misdemeanor or felony offense, or

3. Less than 5 years have elapsed since the date of the last conviction or the

date of release from confinement for the first conviction, whichever is the later date, if the

conviction is of 2 or more misdemeanor offenses or combination of misdemeanor offenses

occurring within any 24 month period.

disqualification of the applicant or applicant's spouse

(B)(7) above may qualify for an adult oriented business permit only when the time period

required by division (B)(7)(b) above, has elapsed.

(D) Posting. The permit, if granted, shall state on its face the name of the person or persons

to whom it is granted, the expiration date, and the address of the adult oriented business. The

permit shall be posted in a conspicuous place at or near the entrance of the adult oriented

business so that it may be easily read at any time.

(E) Council action. The City Council shall act to approve or disapprove the permit

application within 60 days from the date the application was submitted, provided that the

application contains all of the information required by this chapter. If the application is

deficient, the Council shall act on the application within 120 days from the date that the

deficiency has been corrected.

(F) Appeals. Within 90 days after an adverse decision by the Council, the applicant may

appeal to the District Court by serving a notice upon the Mayor or Clerk of the municipality.

(Prior Code, § 18-306) Penalty, see § 10.99

§ 119.08 FEES.

Fees shall be set by city pursuant to Chapter 36. The initial fee is $500 per year. Permit

fees are non-refundable.

(Prior Code, § 18-307) Penalty, see § 10.99

§ 119.09 INSPECTION.

(A) Access. An applicant or permittee shall permit health officials, representatives of the

Police Department, Fire Department, and Building Inspection Division, to inspect the premises

of an adult oriented business for the purpose of ensuring compliance with the law, at any time it

is occupied or open for business.

(B) Refusal to permit inspections. A person who operates an adult oriented business or his

or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of

the premises by health officials, representatives of the Police Department, Fire Department, and

Building Inspection Division at any time it is occupied or open for business. Refusal to permit

inspections may result in the suspension of the permit as provided in § 119.11.

are currently being rented by a customer for use as a permanent or temporary habitation.

(Prior Code, § 18-308) Penalty, see § 10.99

§ 119.10 EXPIRATION AND RENEWAL.

(A) Expiration. Each permit shall expire at the end of the calendar year and may be

renewed only by making application as provided in § 119.07 (B). Applications for renewal must

be made at least 60 days before the expiration date, and when made less than 60 days before the

expiration date, the expiration of the permit will not be affected.

(B) Denial of renewal. When the city denies renewal of a permit, the applicant shall not be

issued a permit for 1 year from the date of denial. If, subsequent to denial, the city finds that the

basis for denial of the renewal permit has been corrected or abated, the applicant may be granted

a permit if at least 90 days have elapsed since the date denial became final.

(Prior Code, § 18-309)

§ 119.11 SUSPENSION.

(A) Causes of suspension. The city may suspend a permit for a period not to exceed 30

days if it determines that a permittee or an employee of a permittee has:

(1) Violated or is not in compliance with any provision of this chapter;

(2) Engaged in the use of alcoholic beverages while on the adult oriented business

premises other than at an adult hotel or motel;

(3) Refused to allow an inspection of the adult oriented business premises as

authorized by this chapter;

(4) Knowingly permitted gambling by any person on the adult oriented business

premises; or

(5) Demonstrated inability to operate or manage an adult oriented business in a

peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

(B) Notice. A suspension by the city shall be preceeded by written notice to the permittee

and a public hearing. The notice shall give at least 10 days' notice of the time and place of the

hearing and shall state the nature of the charges against the permittee. The notice may be served

upon the permittee personally, or by leaving the same at the permitted business premises with the

person in charge thereof.

(Prior Code, § 18-310) Penalty, see § 10.99

§ 119.12 REVOCATION.

(A) Suspended permits. The city may revoke a permit if a cause of suspension in § 119.11

occurs and the permit has been suspended within the preceding 12 months.

(B) Causes of revocation. The city shall revoke a permit if it determines that:

(l) A permittee gave false or misleading information in the material submitted to the

city during the application process;

(2) A permittee or an employee has knowingly allowed possession, use, or sale of

controlled substances on the premises;

(3) A permittee or an employee has knowingly allowed prostitution on the premises;

(4) A permittee or an employee knowingly operated the adult oriented business during

a period of time when the permittee's permit was suspended;

(5) A permittee has been convicted of an offense listed in § 119.07 (B)(7) for which

the time period required in § 119.07 (B)(7)(b) has not elapsed;

(6) On 2 or more occasions within a 12-month period, a person or persons committed

an offense occurring in or on the permitted premises of a crime listed in § 119.07 (B)(7), for

which a conviction has been obtained, and the person or persons were employees of the adult

oriented business at the time the offenses were committed; or

(7) A permittee or an employee has knowingly allowed any act of sexual intercourse,

sodomy, oral copulation, or masturbation to occur in or on the permitted premises.

revocation of the permit.

(D) Exceptions. Division (B)(7) above does not apply to adult motels as a ground for

revoking the permit unless the permittee or employee knowingly allowed the act of sexual

intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place

or within public view.

(E) Granting a permit after revocation. When the city revokes a permit, the revocation

shall continue for 1 year and the permittee shall not be issued an adult oriented business permit

for 1 year from the date revocation became effective. If, subsequent to revocation, the city finds

that the basis for the revocation has been corrected or abated, the applicant may be granted a

permit if at least 90 days have elapsed since the date the revocation became effective. If the

permit was revoked under division (B)(5) above, an applicant may not be granted another permit

until the appropriate number of years required under § 119.07 (B)(7)(b) has elapsed.

(F) Notice. A revocation by the city shall be preceded by written notice to the permittee

and a public hearing. The notice shall give at least 10 day's notice of the time and place of the

hearing and shall state the nature of the charges against the permittee. The notice may be served

upon the permittee personally, or by leaving the same at the permitted premises with the person

in charge thereof.

(Prior Code, § 18-311) Penalty, see § 10.99

§ 119.13 TRANSFER OF PERMIT.

A permittee shall not transfer this permit to another, nor shall a permittee operate an adult

oriented business under the authority of a permit at any place other than the address designated in

the application.

(Prior Code, § 18-312) Penalty, see § 10.99

CHAPTER 120: TREE CONTRACTORS

120. TREE CONTRACTORS

Section

120.01 Tree contractor permit

120.02 Application

120.03 Permit fee

120.04 Duration of permit

120.05 Insurance

120.06 Worker’s Compensation

120.07 Sanctions for permit violations

120.99 Penalty

§ 120.01 TREE CONTRACTOR PERMIT.

It shall be unlawful for any person or firm to engage in the business or occupation of

pruning, treating, or removing boulevard or park trees within the City of Park Rapids without

first applying for and procuring a permit. The permit fee shall be paid in advance. No permit

shall be required of any public service company including electric utilities and their agents and

contractors or city employees doing the work in the pursuit of their public service endeavors.

(Prior Code, § 18-321) Penalty, see § 120.99

§ 120.02 APPLICATION.

Application for a tree contractor permit shall be made to the City Clerk, accompanied by the

permit fee.

(Prior Code, § 18-322) Penalty, see § 120.99

§ 120.03 PERMIT FEE.

The fee for the permit shall be established by the City Council and listed in the Fee

Schedule, Chapter 36 of the Park Rapids City Code.

(Prior Code, § 18-323)

§ 120.04 DURATION OF PERMIT.

All permits issued under this chapter shall expire on December 31 of the year issued.

(Prior Code, § 18-324)

§ 120.05 INSURANCE.

Before any permit shall be issued, each applicant shall first file evidence of possession of

liability insurance in the minimum amounts of$500,000 for bodily injury or death of 1 person

and $1,000,000 aggregate and$50,000 property damage, indemnifying the city or any person

injured or damaged resulting form the pursuit of the endeavors as herein described.

(Prior Code, § 18-325) Penalty, see § 120.99

§ 120.06 WORKER’S COMPENSATION.

All laws concerning Worker's Compensation insurance, according to Minnesota Statutes,

shall be applicable.

(Prior Code, § 18-326)

§ 120.07 SANCTIONS FOR PERMIT VIOLATIONS.

(A) Suspension or revocation. The City Council may suspend or revoke a permit issued

pursuant to this chapter for a violation of:

(1) Fraud, misrepresentation, or false statement contained in a permit application or a

renewal application;

(2) Fraud, misrepresentation, or false statement made in the course of carrying on the

permitted occupation or business;

(3) Any violation of this chapter or state law;

(4) A permittee's criminal conviction that is directly related to the occupation or

business permitted as defined by M.S. § 364.03, subdivision 2, as it may be amended from time

to time, provided that the permittee cannot show competent evidence of sufficient rehabilitation

and present fitness to perform the duties of the permitted occupation or business as defined by

M.S. § 364.03, subdivision 3, as it may be amended from time to time; or

(5) Conducting the permitted business or occupation in an unlawful manner or in a

manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or

general welfare of the community.

(B) Notice and hearing. A revocation or suspension by the City Council shall be preceded

by written notice to the permittee and a hearing. The notice shall give at least 8 days' notice of

the time and place of the hearing and shall state the nature of the charges against the permittee.

The notice shall be mailed by certified mail to the permittee at the most recent address on the

permit application.

(Prior Code, § 18-327) Penalty, see § 120.99

§ 120.99 PENALTY.

Any person, firm or corporation who violates any provision of this chapter shall be guilty of

a misdemeanor.

(Prior Code, § 18-328)

CHAPTER 121: VEHICLES FOR HIRE

Section

121.01 Definitions

121.02 License required

121.03 Application; requirements

121.04 License fee

121.05 Duration of license

121.06 Examination of taxicabs

121.07 Granting license

121.08 Limit on number of licenses to be issued

121.09 Taxicab drivers

121.10 Insurance

121.99 Penalty

§ 121.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

OPERATOR. Any person owning or having control or use of 1 or more taxicabs used for

hire upon the street or engaged in the business of operating a taxicab within the city.

TAXICAB. Any motor vehicle engaged in the carrying of persons for hire, whether over a

fixed route or not, and whether the same be operated from a street stand or subject to calls from a

garage, or otherwise operated for hire, but the term shall not include vehicles subject to control

and regulation by the Railroad and Warehouse Commission, or vehicles regularly used by

undertakers in carrying on their business, or vehicles operated by units of government, or

vehicles owned and used by ambulance services, hospitals, or clinics for the transportation of

patients, whether or not fees are charged for the service.

TAXICAB DRIVER. Any person who drives a taxicab, whether the person be the owner of

the taxicab or be employed by a taxicab owner or operator.

(Prior Code, § 58-26) (Ord. 107, passed 1946; Am. Ord. 331, passed 2000)

§ 121.02 LICENSE REQUIRED.

No operator shall operate a taxicab within the city limits without first having obtained a

taxicab license.

(Prior Code, § 58-27) (Ord. 107, passed 1946) Penalty, see § 121.99

§ 121.03 APPLICATION; REQUIREMENTS.

Each applicant for a taxicab license shall apply to the City Clerk for the license upon a form

to be provided by the city, and must comply with the following provisions to the satisfaction of

the City Council:

(A) Must be a citizen of the United States;

(B) Must be of the age of 21 years or over if a natural person, and in the case of any co-

partnership, firm or corporation, must be authorized to operate taxicabs and carry on business in

accordance with the laws of the State of Minnesota; and

vehicle to be so licensed; giving the full name and address of the owner; the class and passenger-

carrying capacity of each vehicle for which a license is desired; the length of time the vehicle has

been in use; the make of the car; the engine number; the serial number and the state license

number; whether the same is mortgaged, the name of the mortgages and the amount of the

mortgagees; also the holder of legal title to the motor vehicle if other than the applicant; or

whether the vehicle is leased, licensed, or under any form of contract permitted to be used and

operated by some other person other than the 1 holding legal title thereto, and what person, firm

or corporation, collects the revenues from the operation of the taxicab and pays the expense of

operating the same.

(Prior Code, § 58-28) (Ord. 107, passed 1946) Penalty, see § 121.99

§ 121.04 LICENSE FEE.

Each operator applying for a taxicab license shall, before being issued a license, pay to the

city a license fee. The fee for every license shall be established by the Council and listed in the

Fee Schedule, Chapter 36, of this code. If the license is denied for any reason, the aforesaid fee

or fees shall forthwith be returned to the applicant.

(Prior Code, § 58-29) (Ord. 256, passed 12-13-1993) Penalty, see § 121.99

§ 121.05 DURATION OF LICENSE.

All licenses hereunder shall expire on December 31 in each year.

(Prior Code, § 58-30) (Ord. 107, passed 1946) Penalty, see § 121.99

§ 121.06 EXAMINATION OF TAXICABS.

The Council shall cause the city police officers, or other employees on behalf of the city,

thoroughly and carefully to examine each taxicab before a license is granted to operate the same.

No taxicab shall be licensed which does not comply with the following:

(A) It must be in thoroughly safe condition for the transportation of passengers; and

(B) It must be clean and of good appearance, and well painted;

(Prior Code, § 58-31) (Ord. 107, passed 1946) Penalty, see § 121.99

§ 121.07 GRANTING LICENSE.

If the Council is satisfied that the public convenience and good order will be served thereby,

it may grant a license to any applicant. Each license granted shall be given a number and shall

give the number and an adequate description of the taxicabs licensed thereunder.

(Prior Code, § 58-32) (Ord. 107, passed 1946)

§ 121.08 LIMIT ON NUMBER OF LICENSES TO BE ISSUED.

Licenses for not more than 8 taxicabs shall be in effect at any 1 time regardless of the

number of operators of the taxicabs.

(Prior Code, § 58-33) (Ord. 107, passed 1946)

§ 121.09 TAXICAB DRIVERS.

No person, either the operator or employee of any operator, shall drive a taxicab in this city

without first having been specially licensed as a chauffeur under Minnesota Statutes. Every

driver shall display the chauffeurs license badge conspicuously upon his or her coat or cap as

therein provided.

(Prior Code, § 58-34) Penalty, see § 121.99

§ 121.10 INSURANCE.

(A) Before a license shall be delivered to any operator, he or she shall deposit with the

Clerk a copy or copies of a policy or policies of an insurance company or companies duly

licensed to transact the business in this state, insuring the operator of any taxicab to be licensed

against loss from the liability imposed by law for injury or damages to persons or property

resulting from the ownership, maintenance or use of any taxicab to be owned or operated under

the license.

(B) The policy or policies shall be approved by the City Attorney as to form and

compliance with this chapter.

injuries to or death of 1 person and $1,000,000 on account of any 1 accident resulting in injuries

to or death of more than 1 person, and a total of $50,000 liability for damage to property of

others, arising out of any 1 accident.

(Prior Code, § 58-35) (Ord. 107, passed 1946) Penalty, see § 121.99

§ 121.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor.

(Prior Code, § 58-36) (Ord. 123, passed 7-12-1954)

TITLE XIII: GENERAL OFFENSES

Chapter

130. GENERAL OFFENSES

131. SOCIAL HOST

CHAPTER 130: GENERAL OFFENSES

Section

130.01 Definitions

130.02 Noisy parties

130.03 Loitering

130.04 Handbills

130.05 Curfew

130.06 Public event at fairgrounds

130.07 Responsibility of parents

130.99 Penalty

§ 130.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

PREMISES. Any land, lot, parcel, sidewalk, boulevard, street, highway, alley,

thoroughfare, park, playground, restaurant, café, church, school, car or parking lot or parking

space, drive-in, any building used for business purposes, commercial or industrial purposes, or

any other place, washroom or toilet, apartment hallway, or other location whether public or

private in the City of Park Rapids.

(Prior Code, § 42-7)

§ 130.02 NOISY PARTIES.

(A) It is unlawful for any person or persons to congregate on any private lands because of,

or participate in, any party or gathering of people from which noise emanates of a sufficient

volume or of a nature as to disturb the peace, quiet, or repose of other persons. Any owner or

person in lawful possession or control of private lands who has knowledge of the disturbance and

fails to immediately abate the disturbance shall be guilty of a violation of this section.

(B) It is unlawful for any person or persons to congregate on any private lands of another

because of, or participate in, any party or gathering of people in the absence of the owner of the

private lands being present, without first having obtained written permission from the landowner.

The written permission shall at all times be in the possession of 1 or more persons at the site of

the congregation. The document containing the written permission must bear the signature of the

landowner and date of the permitted use. Failure to display written permission upon request

shall be considered prima facie evidence of an absence of permission from the owner.

authority to order all persons present, other than the persons identifying themselves as the owner

or persons in lawful possession or control of the land, to immediately disperse. Any person who

shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation

of this section.

(D) It is unlawful for the owner or other person in charge of rental living units to knowingly

or repeatedly permit thereon conduct prohibited by division (A), (B) or (C) above of this section.

(E) A violation of this section shall be a misdemeanor.

(Prior Code, § 42-1) (Ord. 245, passed 1991) Penalty, see § 130.99

§ 130.03 LOITERING.

(A) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a

manner not usual for law-abiding individuals under circumstances that warrant alarm for the

safety of persons or property in the vicinity. Among the circumstances which may be considered

in determining whether alarm is warranted is the fact that the person takes flight upon

appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to

conceal himself or herself or any object. Unless flight by the person or other circumstances

makes it impractical, a police officer shall, prior to any arrest for an offense under this section,

afford the person an opportunity to dispel any alarm which would otherwise be warranted, by

requesting the person to identify himself or herself and to explain his or her presence or conduct.

No person shall be convicted of an offense under this section if the police officer did not comply

with the preceding sentence, or if it appears at trial that the explanation given by the person was

true and, if it had been believed by the police officer at the time, would have dispelled the alarm.

Any police officer may arrest any person suspected of being a loiterer or prowler without a

warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a

warrant would result in the suspect’s escape.

(B) It shall be unlawful for any person, after first being warned by a police officer, or where

a “no loitering” sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or

quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private

property utilized for public use, so as to hinder or obstruct unreasonably the free passage of

pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent

free access to the entrance to any building open to the public.

open to the public for the purpose of inducing, enticing, soliciting, or procuring another to

commit an act of prostitution. Among the circumstances which may be considered in

determining whether such action is consistent with the intent to induce, entice, solicit, or procure

another to commit an act of prostitution are that the person is a known prostitute or panderer and

repeatedly beckons, in the attempt to stop or engage male or female passersby in conversation, or

repeatedly stops or attempts to stop motor vehicles by engaging their operators by hailing,

waving of arms, or other bodily gestures. The violator’s conduct must be such as to demonstrate

a specific intent to induce, entice, solicit, or procure another to commit an act of prostitution. No

arrest shall be made for a violation of this division unless the arresting officer first affords the

person an opportunity to explain his or her conduct, and no one shall be convicted of violating

this division if it appears at trial that the explanation given was true and disclosed a lawful

purpose.

(D) For the purpose of this section, PUBLIC PLACE has the following definition

unless the context clearly indicates or requires a different meaning: an area generally visible to

public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,

automobiles (whether moving or not), and buildings open to the general public, including those

which serve food or drink or provide entertainment, and the doorways and entrances to buildings

or dwellings and the grounds enclosing them.

Penalty, see § 130.99

§ 130.04 HANDBILLS.

Whoever unlawfully places upon the windshield, door, handle, or on any other external

part or portion of any motor vehicle any loose paper, handbills, litter or material of like nature, is

guilty of a petty misdemeanor.

(Prior Code, § 42-3) (Ord. 103, passed 1944) Penalty, see § 130.99

§ 130.05 CURFEW.

(A) Purpose. The curfew for minors established by this section is maintained for 4

primary reasons:

(1) To protect the public from illegal acts of minors committed during the

curfew hours;

(2) To protect minors from improper influences that prevail during the curfew

hours, including involvement with gangs;

(3) To protect minors from criminal activity that occurs during the curfew

hours; and

(4) To help parents control their minor children.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless

the context clearly indicates or requires a different meaning.

EMERGENCY ERRAND. A task that if not completed promptly threatens the health,

safety, or comfort of the minor or a member of the minor’s household. The term shall include,

but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law

enforcement or Fire Department personnel, and seeking shelter from the elements or urgent

assistance from a utility company due to a natural or human-made calamity.

OFFICIAL CITY TIME. The time of day as determined by reference to the master

clock of the city.

PLACES OF AMUSEMENT, ENTERTAINMENT OR REFRESHMENT. Those

places that include, but are not limited to, movie theaters, pinball arcades, shopping malls,

nightclubs catering to minors, restaurants, and pool halls.

PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for

providing food, clothing, shelter, and other basic necessities to the minor. The person providing

PRIMARY CARE OR CUSTODY to the minor shall not be another minor.

SCHOOL ACTIVITY. An event which has been placed on a school calendar by public

or parochial school authorities as a school sanctioned event.

(1) Minors under the age of 16 years. No minor under the age of 16 years shall be in

or upon the public streets, alleys, parks, playgrounds or other public grounds, public places,

public buildings; nor in or upon places of amusement, entertainment or refreshment; nor in or

upon any vacant lot, between the hours of 10:30 p.m. and 5:00 a.m., official city time.

(2) Minors ages 16 years to 17 years. No minor of the ages of 16 or 17 years shall be

in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places,

public buildings; nor in or upon places of amusement, entertainment or refreshment; nor in or

upon any vacant lot, between the hours of 12:01 a.m. and 5:00 a.m., official city time.

(D) Effect on control by adult responsible for minor. Nothing in this section shall be

construed to give a minor the right to stay out until the curfew hours designated in this section if

otherwise directed by a parent, guardian, or other adult person having the primary care and

custody of the minor; nor shall this section be construed to diminish or impair the control of the

adult person having the primary care or custody of the minor.

(E) Exceptions. The provisions of this section shall not apply in the following situations:

(1) To a minor accompanied by his or her parent or guardian, or other adult person

having the primary care and custody of the minor;

(2) To a minor who is upon an emergency errand at the direction of his or her parent,

guardian, or other adult person having the primary care and custody of the minor;

(3) To a minor who is in any of the places described in this section if in connection

with or as required by an employer engaged in a lawful business, trade, profession, or

occupation; or to a minor traveling directly to or from the location of the business trade,

profession, or occupation and the minor’s residence. Minors who fall within the scope of this

exception shall carry written proof of employment and proof of the hours the employer requires

the minor’s presence at work;

(4) To a minor who is participating in or traveling directly to or from an event which

has been officially designated as a school activity by public or parochial school authorities; or

who is participating in or traveling directly to or from an official activity supervised by adults

and sponsored by the city, a civic organization, school, religious institution, or similar entity that

takes responsibility for the minor and with the permission of the minor’s parent, guardian, or

other adult person having the primary care and custody of the minor;

(5) To a minor who is passing through the city in the course of interstate travel during

the hours of curfew;

(6) To a minor who is attending or traveling directly to or from an activity involving

the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of

religion;

(7) To minors on the sidewalk abutting his or her residence or abutting the residence of

a next-door neighbor if the neighbor does not complain to the city’s designated law enforcement

provider about the minor’s presence; or

(8) To a minor who is married or has been married, or is otherwise legally

emancipated.

(F) Duties of person legally responsible for minor. No parent, guardian, or other adult

having the primary care or custody of any minor shall permit any violation of the requirements of

this section by the minor.

(G) Duties of other persons. No person operating or in charge of any place of amusement,

entertainment, or refreshment shall permit any minor to enter or remain in his or her place of

business during the hours prohibited by this section unless the minor is accompanied by his or

her parent, guardian or other adult person having primary care or custody of the minor, or unless

one of the exceptions to this section apply.

(H) Penalties.

(1) Minors. Any minor found to be in violation of this section may be

adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. §

260B.198, as it may be amended from time to time.

(2) Adults. Any adult person found to be in violation of this section shall be

guilty of a misdemeanor and may be sentenced up to the maximum penalty authorized by state

law for a misdemeanor.

(I) Defense. It shall be a defense to prosecution under this section that the owner,

operator, or employee of an establishment promptly notified the city’s designated law

enforcement provider that a minor was present on the premises of the establishment during

curfew hours and refused to leave.

§ 130.06 PUBLIC EVENT AT FAIRGROUNDS.

(A) Definitions. For the purpose of this chapter, the following definitions shall apply

unless the context clearly indicates or requires a different meaning.

EVENT. Any auction, dance, sales event, sporting event, race or other event

including but not limited to events which use a loudspeaker or other sound amplification device,

public or private, tending to create a level of noise which represents an unreasonable disturbance

to neighborhoods in the vicinity of the fairgrounds.

EXEMPT EVENTS. Includes the Park Rapids Rodeo, the Hubbard County Fair,

Logging Days and any other events as may be exempted by resolution of the City Council.

FAIRGROUNDS. The part of the City of Park Rapids legally described as: east

45 rods of the northeast quarter, Section 26, Township 140, Range 35.

(B) Violations.

(1) Any event held at the Hubbard County Fairgrounds shall close no later

than 1:00 a.m. Failure to abide by the terms of this section is a misdemeanor.

(2) Any participant at the event is subject to the criminal charge.

(Prior Code, § 42-5) (Ord. 241, passed 1990) Penalty, see § 130.99

§ 130.07 RESPONSIBILITY OF PARENTS.

It shall be unlawful for the parent, guardian, or other adult person having the care and

custody of a minor under the age of 16 years to knowingly permit the minor to loiter or lurk on

any premises as described in this chapter in the City of Park Rapids. This restriction shall not

apply to a minor who is accompanied by his or her parent, guardian or other adult person having

care and custody of the minor or where the minor is upon a legitimate business activity or errand

directly by his or her parent, guardian or custodian.

(Prior Code, § 42-8) Penalty, see § 130.99

§ 130.99 PENALTY.

(A) Generally. Any person violating any provision of this chapter for which no specific

penalty is prescribed shall be subject to § 10.99.

(B) Lurking and loitering. Any person violating any provisions of § 130.03 is guilty of a

misdemeanor.

(Prior Code, § 42-10)

CHAPTER 131: SOCIAL HOST

Section

131.01 Purpose and findings

131.02 Authority

131.03 Definitions

131.04 Prohibited acts

131.05 Exceptions

131.06 Enforcement

131.07 Severability

131.99 Penalty

§ 131.01 PURPOSE AND FINDINGS.

The Park Rapids City Council intends to discourage underage possession and consumption

of alcohol, even if done within the confines of a private residence, and intends to hold persons

criminally responsible who host events or gatherings where persons under 21 years of age

possess or consume alcohol regardless of whether the person hosting the event or gathering

supplied the alcohol. The Park Rapids City Council finds that:

(A) Events and gatherings held on private or public property where alcohol is possessed or

consumed by persons under the age of twenty-one are harmful to those persons and constitute a

potential threat to public health requiring prevention or abatement;

(B) Prohibiting underage consumption acts to protect underage persons, as well as the

general public, from injuries related to alcohol consumption, such as alcohol overdose or

alcohol-related traffic collisions;

those who use it as well as those who are affected by the actions of an irresponsible user.

(D) Often, events or gatherings involving underage possession and consumption occur

outside the presence of parents. However, there are times when the parent(s) is/are present and,

condone the activity, and in some circumstances provide the alcohol;

2011 S-8

12 Park Rapids - General Offenses

(E) Even though giving or furnishing alcohol to an underage person is a crime, it is

difficult to prove, and an ordinance is necessary to help further combat underage consumption;

and

(F) A deterrent effect will be created by holding a person criminally responsible for

hosting an event or gathering where underage possession or consumption occurs.

(Ord. 529, passed 11-9-2010)

§ 131.02 AUTHORITY.

This chapter is enacted pursuant to M.S. § 145A.05, Subd. 1.

(Ord. 529, passed 11-9-2010)

§ 131.03 DEFINITIONS.

For purposes of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum,

brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever

source or by whatever process produced.

ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or

solid containing alcohol, spirits, liquor, wine, or beer, and which contains 0.5% or more of

alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or

combined with other substances.

EVENT OR GATHERING. Any group of three or more persons who have assembled or

gathered together for a social occasion or other activity.

HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit a

gathering or event.

PARENT. Any person having legal custody of a juvenile:

(1) As natural, adoptive parent, or step-parent;

(2) As a legal guardian; or

(3) As a person to whom legal custody has been given by order of the court.

Social Host 13

PERSON. Any individual, partnership, copartnership, corporation, or any association of

one or more individuals.

RESIDENCE or PREMISES. Any home, yard, farm, field, land, apartment,

condominium, hotel or hotel room, or other dwelling unit, or a hall or meeting room, park or any

other place of assembly, public or private, whether occupied on a temporary or permanent basis,

whether occupied as a dwelling or specifically for a party or other social function, and whether

owned, leased, rented, or used with or without permission or compensation.

UNDERAGE PERSON. Any individual under 21 years of age.

(Ord. 529, passed 11-9-2010)

§ 131.04 PROHIBITED ACTS.

(A) It is unlawful for any person(s) to host or knowingly allow an event or gathering

to take place at any residence, premises, or any other private or public property in the City of

Park Rapids under the following circumstances:

(1) Where alcohol or alcoholic beverages are present; and

(2) The person knows or reasonably should know that an underage person will

or does:

(a) Consume any alcohol or alcoholic beverage; or

(b) Possess any alcohol or alcoholic beverage with the intent to

consume it; and

(3) The person fails to take reasonable steps to prevent possession or

consumption by the underage person(s).

(B) A person is criminally responsible for violating division (A) of this section if the

person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures

another to commit the prohibited act.

or gathering to be criminally responsible.

(Ord. 529, passed 11-9-2010) Penalty, see § 131.99

§ 131.05 EXCEPTIONS.

(A) This chapter does not apply to conduct solely between an underage person and his or

her parents while present in the parent’s household.

(B) This chapter does not apply to legally protected religious observances.

municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503,

Subd. 1(a)(1).

(D) This chapter does not apply to situations where underage persons are lawfully in

possession of alcohol or alcoholic beverages during the course and scope of employment.

(Ord. 529, passed 11-9-2010)

§ 131.06 ENFORCEMENT.

This chapter can be enforced by any police officer or sheriff’s deputy in the city.

(Ord. 529, passed 11-9-2010)

§ 131.07 SEVERABILITY.

If any section, subsection, sentence, clause, phrase, word, or other portion of this chapter

is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of

competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or

invalidity shall not affect the validity of the remaining portions of this law, which remaining

portions shall continue in full force and effect.

(Ord. 529, passed 11-9-2010)

§ 131.99 PENALTY.

Violation of § 131.04 is a misdemeanor.

(Ord. 529, passed 11-9-2010)

TITLE XV: LAND USAGE

Chapter

150. BUILDINGS AND BUILDING REGULATIONS

151. ZONING

152. RENTALS

CHAPTER 150: BUILDINGS AND BUILDING REGULATIONS

150. BUILDINGS AND BUILDING REGULATIONS

Section

Building Code

150.01 Application, administration, and enforcement

150.02 Permits and fees

150.03 Building Code

Uniform Address Plan

150.15 Purpose

150.16 Building numbers

150.17 Location; size; shape

150.18 Multiple dwelling numbering

150.19 Maintenance of building numbers

150.20 Time for compliance

150.99 Penalty

BUILDING CODE

§ 150.01 APPLICATION, ADMINISTRATION, AND ENFORCEMENT.

(A) The application, administration, and enforcement of the code shall be in accordance

with Minnesota Rule Chapter 1300, as it may be amended from time to time. The code shall be

enforced within the extraterritorial limits permitted by M.S. § 16B.62, subdivision 1, as it may be

amended from time to time, when so established by this chapter.

(B) The code enforcement agency of this municipality is called the Park Rapids Building

Department.

the municipality to administer the code (M.S. § 16B.65 subdivision 1, as it may be amended

from time to time).

(Prior Code, § 14-16)

4 Park Rapids - Land Usage

§ 150.02 PERMITS AND FEES.

(A) Fees. The issuance of permits and the collection of fees shall be as authorized in M.S. §

16B.62, subdivision 1, as it may be amended from time to time.

(B) Fee schedule. Permit fees shall be assessed for work governed by this code in

accordance with the fee schedule adopted by the municipality in the city code.

governed by this code in accordance with M.S. § 16B.70, as it may be amended from time to

time.

(D) Late application fee. The fee for a building permit shall be doubled for applicant who

commences construction without a permit.

(Prior Code, § 14-17) Penalty, see § 150.99

§ 150.03 BUILDING CODE.

(A) The Minnesota State Building Code, established pursuant to M.S. § 16B.59 to 16B.75,

as it may be amended from time to time, is hereby adopted as the building code for this

municipality. The code is hereby incorporated in this chapter as if fully set out herein.

(B) The Minnesota State Building Code includes the following chapters of the Minnesota

Rules, as it may be amended from time to time:

(1) 1300, Administration of the Minnesota State Building Code;

(2) 1301, Building Official Certification;

(3) 1302, State Building Code Construction Approvals;

(4) 1303, Minnesota Provisions;

(5) 1305, Adoption of the 2000 International Building Code;

(6) 1306, Special Fire Protection Systems;

(7) 1307, Elevators and Related Devices;

(8) 1309, Adoption of the 2000 International Residential Code;

(9) 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing Buildings;

(10) 1315, Adoption of the 2002 National Electrical Code;

(11) 1325, Solar Energy Systems;

(12) 1330, Fallout Shelters;

(13) 1335, Floodproofing Regulations;

(14) 1341, Minnesota Accessibility Code;

(15) 1346, Adoption of the Minnesota State Mechanical Code;

(16) 1350, Manufactured Homes;

(17) 1360, Prefabricated Structures;

(18) 1361, Industrialized/Modular Buildings;

(19) 1370, Storm Shelters (Manufactured Home Parks);

(20) 4715, Minnesota Plumbing Code; and

(21) 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code.

(Prior Code, § 14-16)

UNIFORM ADDRESS PLAN

§ 150.15 PURPOSE.

The City Council finds that for the purpose of providing proper protection of public and

private property in the City of Park Rapids, it is essential to require visible approved addressing

or identification for each separate public, residential, commercial, or industrial building.

(Prior Code, § 14-31)

§ 150.16 BUILDING NUMBERS.

(A) Each primary structure within the city limits shall be assigned an address.

(B) The list of addresses of all primary structures within the city shall be held at the office

of the City Clerk.

(Prior Code, § 14-32) Penalty, see § 150.99

§ 150.17 LOCATION; SIZE; SHAPE.

(A) All owners or occupants of residential, commercial, and industrial structures within the

city shall display their assigned address numbers on the outside of their primary structures, near

the front door, for emergency purposes. The address number must be located on a primary

structure surface facing the public road, clearly visible from the road, address numbers shall be

no smaller than 4 inches, shall be coated with reflective materials, and colors should be in strong

contrast with background. No self-adhesive number appliques shall be used.

(B) In those cases where the principal building’s address is obscured from view from the

street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers

shall be displayed on the mailbox in numerals not less than 2 inches high, of a light reflective

material and of a contrasting color to the background. In those cases where the principal

building is obscured from the view from the street address and the residence does not have a

mailbox, the numbers shall be displayed from a permanent mounting on the property, clearly

visible from the street, displayed prominently in numerals not less than 4 inches high of light

reflective material of contrasting color to the background. The post should be within 50 feet of

the road and 10 feet of the driveway. The bottom of the address sign shall be placed at a height

that is no less than 4 feet above the level of the surface of the road.

(Prior Code, § 14-33) Penalty, see § 150.99

§ 150.18 MULTIPLE DWELLING NUMBERING.

(A) It shall be the duty of the owner or manager of every multiple dwelling building

containing 5 or more rental units, and the owner or occupant of every individually owned

dwelling unit in any multiple unit building to properly identify each dwelling unit by attaching

identification numbers on or adjacent to each entrance to the individual units.

(B) The owner or manager of any multiple dwelling building with common entrances

containing 5 units or more, whether the units are rental or individually owned, shall provide

signs, including directional arrows, easily identifying the location of each dwelling unit in the

building.

approved by the Fire Chief.

(Prior Code, § 14-34) Penalty, see § 150.99

§ 150.19 MAINTENANCE OF BUILDING NUMBERS.

The occupant of the primary structure shall be responsible for keeping its address numbers

in good repair and clear of snow, dirt, debris, or other obstructions.

(Prior Code, § 14-35) Penalty, see § 150.99

§ 150.20 TIME FOR COMPLIANCE.

(A) Implementation. All owners of primary structures in the city shall comply with this

chapter within 45 days.

(B) Enforcement. All city licenses, applications, and permits may be withheld from the

owners or occupants of primary structures if the address is not placed or maintained in

conformance with the chapter.

(Prior Code, § 14-36) Penalty, see § 150.99

§ 150.99 PENALTY.

(A) Building Code. A violation of §§ 150.01 et seq. is a misdemeanor. See M.S.§ 16B.69,

as it may be amended from time to time, and Minnesota Rules, Chapter 1300, as it may be

amended from time to time.

(Prior Code, § 14-18)

(B) Uniform address plan. Failure to comply with any section of §§ 150.15 et seq. shall

constitute a petty misdemeanor.

(Prior Code, § 14-37)

HAPTENG

151. ZONING

Section

General Provisions

151.001 Statutory authorization

151.002 Intent and purpose

151.003 Definitions

151.004 Jurisdiction

151.005 Compliance

151.006 Enforcement

151.007 Interpretation

151.008 Severability

151.009 Abrogation and greater restrictions

151.010 Effective date

Shoreland Classification System

151.025 General provisions

151.026 Natural environment lakes

151.027 Recreational development lakes

151.028 Tributaries

Establishment of Zoning Districts

151.040 Establishment of zoning districts

151.041 Zoning map

151.042 Interpretation of zoning map

Zoning District Requirements

151.055 Averaging setbacks

151.056 Distance between buildings

151.057 (C-1) Conservation District

151.058 (AG-1) Agricultural District

151.059 (P) Public and Quasi-Public Zone District

151.060 (R-1) Single-Family Residential District

151.061 (R-1A) Single-Family Residential in Annexation Area District

151.062 (R-2) Single, 2-Family and Townhouse District

2007 S-3 Repl.

10 Park Rapids - Land Usage

151.063 (R-3) Medium Density Residential District

151.064 (R-B) Residential-Business Transitional District

151.065 (B-1) Highway Business District

151.066 (B-2) General Business District

151.067 (I-1) Light Industry District

151.068 (I-2) Heavy Industry District

151.069 (S-O) Shoreland Overlay District

General Shoreland Requirements

151.080 Vegetative alterations

151.081 Topographic alterations/grading and filling

151.082 Placement and design of roads, driveways, recreational trails and parking areas

151.083 Stormwater management standards

151.084 Special provisions for commercial, industrial, public and semi-public uses

151.085 Special provisions for agricultural uses

151.086 Special provisions for forest management

151.087 Special provisions for extractive uses

Non-conformities and Substandard Lots of Record

151.100 Statement of intent

151.101 Non-conforming uses

151.102 Non-conforming structures

151.103 Substandard lots of record

151.104 Non-conforming sewage treatment systems

Accessory Uses and Structures

151.115 Accessory uses and structures

Sanitation Standards

151.130 Sewage treatment standards

151.131 Sewage treatment permit requirements

151.132 Revision to an approved plan

151.133 Sewage treatment system inspection

151.134 Water supply standards

Performance Standards

151.145 Determination of conformity

151.146 Home occupations

151.147 Standards for single-family dwellings

151.148 Temporary dwellings

151.149 Exterior storage

151.150 Moved in structures

151.151 Screening and/or fencing

151.152 Maintenance

151.153 Traffic control

151.154 Storm water management

151.155 Driveways

151.156 Parking standards, traffic control, and storm water management

151.157 Site view clearance

151.158 Mobile home park standards

151.159 Special provisions for industrial uses

151.160 Professional/personal service offices

151.161 General development plan and site plan

151.162 Exceptions to yard requirements

151.163 Special provisions applicable to specific permitted and conditional uses

151.164 Landscaping

Sign Regulations

151.175 Findings, purpose and effect

151.176 Definitions

151.177 Permit required

151.178 Exempted signs - no permit

151.179 Prohibited signs

151.180 General provisions

151.181 Dynamic displays and changeable copy signs

151.182 Illumination and brightness standards

151.183 Substitution clause

151.184 Temporary signs

151.185 Signs permitted in Agricultural (AG-1) District, Public and Quasi-Public (P)

151.186 Signs permitted in Residential (R-1, R-1A, R-2, and R-3) Districts

151.187 Signs permitted in Residential-Business Transitional (R-B) District

151.188 Signs permitted in Highway Business (B-1) District

151.189 Signs permitted in General Business (B-2) District

151.190 Signs permitted in Light Industry (I-1) and Heavy Industry (I-2) Districts

151.191 Street banners

151.192 Non-conforming sign; compliance

151.193 Administration and enforcement

151.194 Severability

12 Park Rapids - Land Usage

Subdivisions and Planned Unit Developments

151.205 Purpose and interpretation

151.206 Limits of regulations and scope

151.207 Definitions

151.208 General provisions

151.209 Procedures

151.210 Necessary data for preliminary plat

151.211 Qualification governing approval of preliminary plan

151.212 Necessary data for final plat

151.213 Minimum subdivision design standards

151.214 Park dedication, open spaces and public uses

151.215 Required improvements on the site

151.216 Development agreement for improvements

151.217 Optional city construction permitted

151.218 Modification, exceptions, and variances

151.219 Building permits

151.220 Copies of plat

151.221 Conveyance by metes and bounds

151.222 Planned unit development review

151.223 PUD site suitability evaluation

151.224 Residential and commercial PUD density evaluation

151.225 PUD maintenance and design criteria

151.226 Conversions to PUD’s

Administration

151.240 Zoning Administrator

151.241 Permits

151.242 Planning Commission

151.243 Conditional use permits

151.244 Board of adjustment

151.245 Variances and appeals

151.246 Amendments

151.247 Public notice and hearing requirements

151.248 Access to private property

151.249 Fees

151.999 Penalty

Zoning 13

GENERAL PROVISIONS

§ 151.001 STATUTORY AUTHORIZATION.

This Zoning Chapter is adopted pursuant to the authority conferred by the State of

Minnesota in the planning and orderly annexation area legislation contained in M.S. § 414.0325

Subd. 5, as it may be amended from time to time, M.S. Chapter 103F, as it may be amended

from time to time, Minnesota Regulations, Parts 6120.2500-6120.3900, as it may be amended

from time to time, and the municipal planning and zoning enabling legislation in M.S. Chapter

462, as it may be amended from time to time, and the subdivision legislation contained in M.S.

Chapters 462 and 505, as it may be amended from time to time.

(Prior Code, preamble) (Am. Ord. 491, passed 5-22-2007)

§ 151.002 INTENT AND PURPOSE.

This chapter, adopted pursuant to the provisions of the M.S. § 462.357, as it may be

amended from time to time, is intended to serve the following purposes:

(A) To protect and promote the public health, safety, convenience, comfort, and general

welfare of the city and orderly annexation area in Henrietta Township;

(B) To guide the further growth and development of the city and orderly annexation area in

Henrietta Township in accordance with the comprehensive plan adopted by the Planning

Commission;

area in Henrietta Township and the value of buildings appropriate to the various districts

established by this chapter;

(D) To provide adequate light, air and privacy, to secure safety from fire, flood and other

danger, and to prevent overcrowding and undue congestion of land and population;

(E) To bring about the gradual conformity of the uses of land and buildings throughout the

city and orderly annexation area in Henrietta Township through the comprehensive zoning plan

set forth in this chapter, and to minimize the conflicts among the uses of land and buildings;

(F) To promote the most beneficial relation between the uses of land and buildings and the

circulation of traffic throughout the city and orderly annexation area in Henrietta Township;

(G) To provide a guide for public policy and action in the efficient provision of public

facilities and services and for private enterprises in building development, investment and other

economic activity relating to uses of land and buildings throughout the city and orderly

annexation area in Henrietta Township; and

(H) For the purpose of preserving and enhancing the quality of surface waters, preserving

the economic and natural environmental values of shoreland, and providing for the wise

utilization of waters and related land resources.

(Prior Code, preamble) (Am. Ord. 491, passed 5-22-2007)

§ 151.003 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ABANDON. The cessation of a specific use of a property or portion of a property for a

period of 12 or more months.

ACCESSORY STRUCTURE OR FACILITY. Any building, structure or facility incidental

to another structure or facility on the same lot which, because of its nature, can reasonably be

located at or greater than normal structure setback. Examples of these structures and facilities

include, but are not limited to: swimming pools; tennis courts; saunas; solar collectors; wind

generators; satellite dishes; detached garages; storage buildings; and recreational trailers and

vehicles.

ACCESSORY USE. Any use which is incidental to the principal use of a lot.

ACTIVE SOLAR SYSTEM. A solar energy system that transforms solar energy into

another form of energy or transfers heat from a collector to another medium using mechanical,

electrical, or chemical means.

ADMINISTRATOR. The Administrator of the Park Rapids Zoning Office or its authorized

agent or representative.

ADULT USES or ADULT ORIENTED BUSINESS. Any of the activities and businesses

described in § 119.02 of the Park Rapids City Code.

ADULT USE/ACCESSORY. The offering of goods or services which are classified as adult

uses on a limited scale and which are incidental to the primary activity and goods or services

offered by the establishment.

ADULT USE/PRINCIPAL. The offering of goods or services which are classified as adult

uses as a primary or sole activity of a business or an establishment.

AGRICULTURE. The use of land for agricultural purposes including: farming; dairy;

pasturage; horticulture; floriculture; viticulture; animal and poultry husbandry; and the necessary

accessory uses for packing, crating and storing the produce, provided that the operation of any

accessory uses shall be secondary to that of the principal agricultural activities.

AGRICULTURAL STRUCTURE. Any structure existing or erected and used principally

for agricultural purposes, with the exception of dwelling units.

AIRPORT. Any area of land designed and set aside for the landing and take-off of aircraft,

including all necessary facilities for the housing and maintenance of aircraft.

ALLEYS. Any dedicated public way providing a secondary means of access to land or

structures thereon.

ALTERATION. Any change, addition, or modification in construction or use, other than

cosmetic or decorative, or any change in the structural members of buildings such as bearing

walls, columns, beams, or girders.

AWNINGS. A shelter projecting from and supported by the exterior wall of a building

constructed of non-rigid materials on a supporting framework. Compare marquee.

BALCONIES. See deck.

BED AND BREAKFAST. A building occupied as a more or less temporary

accommodation for individuals who are lodged, with or without meals, in rooms occupied singly

or for remuneration, with or without dining facilities, and including not more than 4 sleeping

rooms intended to provide accommodations.

BLUFF.

(1) A topographic feature such as a hill, cliff, or embankment having the following

characteristics:

(a) Part or all of the feature is located within a shoreland area;

(b) The slope rises at least 25 feet above the ordinary high water level of the

waterbody;

above the ordinary high water level averages 30% or greater; and

(d) The slope drains toward the waterbody.

(2) An area with an average slope of less than 18% over a distance of 50 feet or more

shall not be considered part of the bluff.

Zoning 15

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BOARD OF ADJUSTMENT. The Park Rapids Board of Adjustment as appointed by the

Park Rapids City Council.

BOARDING AND ROOMING HOUSE. A business establishment which provides

sleeping and living quarters (but not individual cooking facilities) in an immovable structure on a

weekly or monthly commercial basis. A rooming house shall not include congregate dining

facilities.

BOATHOUSE. A structure used solely for the storage of boats or boating equipment.

BUILDING.

(1) Any structure, either temporary or permanent, having a roof or other covering, and

designed or used for the shelter or enclosure of any person, animal or property of any kind

including tents, awnings or vehicle situated on private property and used for purposes of a

building.

(2) It is not the intention of the chapter to include any of the following structures:

(a) Temporary storage sheds or tents or awnings intended for resale or used for

display or promotional purposes and having no permanent footings, slab, or other foundation;

(b) Dog houses of less than 25 square feet and designed for 1 animal and having

no permanent footings, run or slab, or other foundations;

(d) Storage sheds, wood sheds, or awnings having an overall floor or surface area

of less than 25 square feet and having no permanent footings or slab or other foundation.

BUILDING LINE. The perimeter of that portion of a building or structure nearest a

property line, but excluding open steps, terraces, cornices, eaves, and other ornamental features

projecting from the walls of the building or structure, provided they do not project more than 5

feet into the required front or rear yard and not more than 3 feet or 50% of the required side yard,

whichever is less.

CANOPIES. A rigid multi-sided structure covered with fabric, metal, or other material and

supported by a building at 1 or more points or extremities and by columns or posts embedded in

the ground at other points or extremities. May be illuminated by means of internal or external

sources. Compare marquee.

16 Park Rapids - Land Usage

CARPORT. An accessory roof-like structure, either attached to or detached from an

allowable primary building, enclosed on not more than 2 sides, designed to provide cover for off-

street vehicle parking.

CAR WASH. A lot on which motor vehicles are washed or waxed either by the patrons, or

by others, using machinery specially designed for that purpose.

CHURCH. A building wherein persons regularly assemble for religious worship, which is

used only for that purpose and those accessory activities as are customarily associated therewith.

CITY COUNCIL. The Park Rapids City Council.

CLEAR CUTTING. The removal of an entire stand of trees.

CLINIC. A place where medical, dental, optometry, chiropractic, psychiatric, or nursing

care is furnished to person on an out-patient basis by 1 or more licensed professionals.

COMMERCIAL PLANNED UNIT DEVELOPMENT. Allowed in shoreland only. Uses

that provide transient, short-term lodging spaces, rooms or parcels with primarily service-

oriented operations located in shoreland areas. Hotel/motel accommodations, resorts,

recreational vehicles and camping parks, and other primarily service-oriented activities are

examples of COMMERCIAL PLANNED UNIT DEVELOPMENT.

COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental, or

trade of products, goods, or services.

COMMISSIONER. The Commissioner of the Department of Natural Resources.

CONDITIONAL USE. A use that would not be appropriate generally or without restriction

throughout the zone district, but which, if controlled as to number, area, location, or relation to

neighborhood, would not be injurious to the public health, safety, welfare, morals, order,

comfort, convenience, appearance, prosperity, or general welfare. These uses may be permitted

in listed zone districts upon application to the Planning Commission.

COOPERATIVE HOUSING. One or more residential units in a building or buildings

owned or leased by a corporation, association, organizations, or other legal entity, the

shareholders or members of which are entitled, solely by reason of their ownership of stock or

membership certificates in the entity to occupy the residential units.

Zoning 17

DAY CARE FACILITY. A facility licensed by the State Department of Human Services,

public or private, which for gain or otherwise regularly provides 1 or more persons, as defined by

the State Human Services Licensing Act, with care, training, supervision, habilitation,

rehabilitation or developmental guidance on a regular basis, for periods of less than 24 hours per

day, in a place other than the person’s own home. DAY CARE FACILITIES include, but are

not limited to: family day care homes; group family day care homes; day care centers; day

nurseries; nursery schools; developmental achievement centers for children; day training and

rehabilitation services for adults; day treatment programs; adult day care centers; and day

services.

DECK. A horizontal unenclosed platform with or without attached railings, seats, trellises

or other features, attached or functionally related to a principal use or site and at any point

extending more than 6 inches above ground. All decks are considered a part of the principal

structures and shall, therefore, meet all structure setback provisions.

DUPLEX, TRIPLEX, AND QUAD. Dwelling structures on a single lot having 2, 3, and 4

units respectively, being attached by common walls and each unit having separate sleeping,

cooking, eating, living, and sanitation facilities.

DWELLING SITE. A designated location for residential use by 1 or more persons using

temporary or movable shelter, including camping and recreational vehicle sites.

DWELLING UNIT. Any structure, or portion of a structure, or other shelter, designed as

short or long term living quarters for 1 or more persons, including rental or timeshare

accommodations such as motel, hotel, and resort rooms and cabins.

EASEMENT. A grant by a property owner for specified use of land by a corporation, the

public or specified persons.

ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW). A brief document, in

worksheet format, that helps local governments determine if a proposed action is a major action

with a potential for significant environmental effects, but also to consider alternatives and to

institute methods for reducing environmental effects.

ESSENTIAL SERVICES UTILITY STRUCTURE AND FACILITY. Includes, but is not

limited to, a structure or facility used for the location, maintenance and/or service of

communication lines, natural gas, petroleum pipelines, television cable, or electrical transmission

lines.

EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured

products and similar items not fully enclosed by a building.

EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel,

rock, industrial minerals, other non-metallic minerals and peat not regulated under M.S. §§ 93.44

through 93.51, as it may be amended from time to time.

FAMILY. An individual or group of 2 or more persons related by blood, marriage or

adoption, together with not more than 3 additional persons not related by blood, marriage or

adoption, living together as a single housekeeping unit.

FENCE. An artificial structure, solid or otherwise, which is a barrier and used as a

boundary or means of protection, confinement, or concealment.

FLOOR AREA. Total gross area of all floors as measured to the outside surfaces of exterior

walls, excluding crawl spaces, garages, carports, breezeways, and attics without floors, and open

porches, balconies and terraces.

FLOOR SPACE. The floor area of all floors as measured from the inside surfaces of the

walls enclosing the portion of a building occupied by a single-occupant or shared by a distinct

group of occupants, excluding common halls, stairwells, sanitary facilities, storage, and other

areas to which patrons do not have regular access.

FOREST LAND CONVERSION. The clear cutting of forested lands to prepare for a new

land use other than re-establishment of a subsequent forest stand.

GARAGE. A fully enclosed building designed or used for the storage of motor vehicles not

including buildings in which fuel is sold or in which repair or other services are performed.

GARDEN CENTER. A place of business or accessory use where retail and wholesale

products and produce are sold to the retail customers. These centers which may include a

nursery and/or greenhouse, import the majority of items sold. These items may include planting

materials, fertilizers, and planting related tools and equipment.

GAS STATION. A place where motor vehicle fuel is sold at retail.

GRADE. The average elevation of the finished ground at the exterior walls of the main

building.

GROUP FAMILY HOME. Any community residential facility, foster home, family care

facility, or other similar home for developmentally disabled persons.

GUEST COTTAGE. A structure used as a dwelling unit that may contain sleeping spaces

and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on

a lot, in shoreland districts.

HEIGHT OF BUILDING. The vertical distance from the established average finished

grade at the building line to the highest point of a structure, excluding chimneys, antennae, or

other similar projections.

HOME OCCUPATION. A use conducted entirely with an enclosed dwelling or accessory

structure which is clearly secondary and incidental to residential occupancy, and which does not

change the character thereof. Specifically excluded are any activities which result in an

alteration of a building, window display, construction features, equipment, machinery or outdoor

storage, any of which is visible outside of the lot on which the use is located.

HOTEL/MOTEL. Any building or portion thereof where lodging is offered to transient

guests for compensation and in which there are more than 3 sleeping rooms, with no cooking

facilities in an individual room or apartment.

IMPERMEABLE SURFACE. (Impervious) A constructed hard surface that either prevents

or retards the entry of water into the soil and causes water to run off the surface in greater

quantities and at an increased rate of flow than prior to development. Area of a parcel of land

that is incapable of being penetrated by rainfall or moisture. Examples include, but are not

limited to, rooftops, sidewalks, patios, storage areas, roads, streets, driveways, and parking lots

constructed of concrete, asphalt, or compacted aggregate.

INDIVIDUAL SEWAGE TREATMENT SYSTEM. A sewage treatment system, other than

a public or community system, which receives sewage from an individual establishment. Unless

otherwise indicated, the word SYSTEM, as it appears in this chapter, means an INDIVIDUAL

SEWAGE TREATMENT SYSTEM.

INDUSTRIAL USE. The use of land or buildings for the production, manufacture,

warehousing, storage or transfer of goods, products, commodities, or other wholesale items.

INTENSIVE VEGETATIVE CLEARING. The substantial removal of trees or shrubs in a

contiguous patch, strips, row, or block.

JUNKYARD. A place maintained for keeping, storing, or piling in commercial quantities,

whether temporary, irregularly or continuously; items to be bought or sold at retail or wholesale

which from its second-hand or worn condition render it practically useless and commonly

classed as junk.

KENNEL. Any lot or premises on which 5 or more domestic animals of any type or

combination aged 6 months or older are kept, either owned or boarded, either permanently or

temporarily.

LAUNDROMAT. A place where patrons wash, dry or dry clean clothing or other fabrics in

machines operated by the patron.

LOT. A parcel of land designated by plat, metes and bounds, registered land survey,

auditors plat or other accepted means and separated from other parcels or portions by the

description for the purpose of sale, lease or separation.

LOT AREA. The area of land within the boundaries of a lot, excluding that portion of a lot

which is below the ordinary high water level.

LOT COVERAGE PERCENTAGE. The percentage of lot area included within the outside

lines of exterior walls of all buildings located on the lot including: porches; decks; breezeways;

balconies; and bay windows. In shoreland areas, all impermeable surfaces are included in

computing ground coverage percentages.

LOT LINE. A line dividing 1 lot from another lot or from a street or alley.

LOT LINE, FRONT. For a riparian lot, the FRONT LOT LINE is that line indicating the

ordinary high water level. For a non-riparian lot, a FRONT LOT LINE is a line dividing a lot

from any public street.

LOT LINE, REAR.

(1) That boundary of a lot which is opposite the front lot line.

(2) If the REAR LOT LINE is less than 10 feet in length, or if the lot forms a point at

the rear, the rear lot line shall be a line 10 feet in length within the lot, connecting the side lot

lines and parallel to the front lot line.

LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT OF RECORD. Any lot which is 1 unit of a recorded plat designated by auditors plat,

subdivision plat, or other accepted means and separated from other parcels of portions of the

description for the purpose of sale, lease or separation thereof that has been recorded in the office

of the County Recorder prior to the effective date of this chapter.

LOT WIDTH. The horizontal distance between the side lot lines of a lot measured at right

angles to the depth.

MANUFACTURED HOME PARKS or MOBILE HOME PARKS.

(1) Any premises on which 2 or more manufactured homes, or any premises used or

held out for the purpose of supplying to the public a parking space for 2 or more of the

manufactured homes.

(2) Sales lots on which automobiles or unoccupied manufactured homes, new or used

are parked for purposes of inspection or sale are not included in this definition.

(3) The minimum MANUFACTURED (MOBILE) HOME PARK shall be no less

than 10 acres.

MANUFACTURED HOUSING or MOBILE HOMES.

(1) A structure transportable in 1 or more sections, which in the traveling mode, is 8

body feet or more in width or 40 body feet or more in length, or when erected on-site is 320 or

more square feet, and which is built on a permanent chassis and designed to be used as a

dwelling for 1 family, with or without a permanent foundation when connected to the required

utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained

therein, except that the term includes any structure which meets all the requirements with respect

to which the manufacturer voluntarily filed a certification required by the Secretary of the United

States Department of Housing and Urban Development.

(2) No MANUFACTURED HOME shall be moved into the City of Park Rapids that

does not meet the Manufactured Home Building Code as defined in M.S. Chapter 327.31,

subdivision 3, as it may be amended from time to time. MANUFACTURED HOMES shall be

treated as single-family housing units if they meet the requirements set forth in § 151.147.

MANUFACTURING, LIGHT. A use engaged in the manufacture, predominantly from

previously prepared materials, of finished products or parts, including processing, fabrication,

assembly, treatment, packaging, which activities are conducted wholly within an enclosed

building.

MARQUEES. A permanent roof-like structure or canopy of rigid materials supported by

and extending from the façade of a building. Compare awning.

MINING. The use of land for surface or subsurface removal of metallic minerals and peat

as regulated under M.S. §§ 93.44 through 93.51, as it may be amended from time to time.

MULTIPLE-FAMILY DWELLING. A detached building designed and used exclusively as

a dwelling by 3 or more families occupying separate units.

NON-CONFORMITY. Any legal use, structure or parcel of land already in existence,

recorded, or authorized before the adoption of official controls or amendments thereto that would

not have been permitted to become established under the terms of the official controls as now

written, if the official controls had been in effect prior to the date it was established, recorded, or

authorized.

NURSING HOME. A structure used for residential occupancy and providing limited

medical or nursing care for occupants on the premises, but not including a hospital, clinic, or

mental health center.

OFF-SITE ADVERTISING SIGN. A sign that is located on a lot, tract, or parcel of land

that is a lot, tract or parcel other than the 1 on which the goods or services being advertised are

sold.

ON-SITE ADVERTISING SIGN. A sign, free standing, attached, or painted, located on

the property where the goods or services being advertised are available.

OPEN SALES LOT. Land devoted to the display of a variety of goods for sale, rent, lease,

or trade where the goods are not enclosed within a building and not accessory to the primary

business.

ORDINARY HIGH WATER LEVEL. The boundary of public waters and wetlands

indicated by an elevation delineating the highest water level which has been maintained for a

sufficient period of time to leave evidence upon the landscape, commonly that point where the

natural vegetation changes from predominantly aquatic to predominantly terrestrial. For

watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of

the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the

operating elevation of the normal summer pool.

OUTLOT. A remnant from a subdivision that is not a developable piece of property unless

replatted in accordance with city ordinances.

PASSIVE SOLAR SYSTEM. A solar energy system that captures solar light or heat

without transforming it to another form of energy or transferring the energy via a heat exchanger.

PATIO. An at-grade ground covering consisting of interlocking brick, tile, cement, asphalt,

wood, or similar material. Also as area intended for outdoor lounging and dining.

PERFORMANCE BOND. A bond which may be required by the City Council, Planning

Commission, or Board of Adjustment to insure the completion of any activity falling under the

jurisdiction of this chapter.

PLANNED UNIT DEVELOPMENT (PUD). Allowed in shoreland only. A type of

development characterized by a united site design for a number of dwelling units or dwelling

sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these

units or sites to provide areas of common open space, density increases, and a mix of structure

types and land uses. These developments may be organized and operated as condominiums,

time-share condominiums, cooperatives, full fee ownership’s, commercial enterprises or any

combination of these, or cluster subdivisions of dwelling units, residential condominiums,

townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels,

motels and conversions of structures and land uses to these uses.

PLANNING AGENCY. The Planning Commission and the Planning Department as they

function together.

Zoning 23

PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or

accessory uses. A PRINCIPAL USE may be either permitted or conditional.

PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or

other governmental units.

PUBLIC WATERS. Any waters as defined in M.S. 103G.005, subdivisions 15-17b, as it

may be amended from time to time, or any waters so designated by the city in §§ 151.025 et seq.

of this chapter.

RECREATIONAL VEHICLE. Any vehicle or vehicular portable structure built on a

chassis designed to be used as a temporary dwelling for travel, recreation, or other vacation use.

RECREATIONAL VEHICLE CAMPGROUND. Any area, whether privately or publicly

owned, used on a daily, nightly, weekly, or longer basis for the accommodation of 5 or more

tents or recreational vehicles, either free of charge or for compensation.

RENEWABLE ENERGY SYSTEM. A solar energy wind or energy system.

RENEWABLE ENERGY SYSTEMS do not include passive systems that serve a dual function,

such as a greenhouse or window.

RESIDENTIAL OCCUPANCY. Those activities customarily conducted in living quarters

in an urban setting, and excludes activities such as the keeping of livestock or fowl, activities

resulting in noise which constitutes a nuisance in a residential area and activities which involve

the storage, visible from off the lot, of motor vehicle parts, machinery or parts, junk or scrap

materials and excludes the keeping on any lot of more than 4 household pets per family, but this

shall not be construed to prevent the keeping of the litter of a household pet until able to be

separated from their mother.

RESIDENTIAL PLANNED UNIT DEVELOPMENT. A use where the nature of

residency is non-transient and the major or primary focus of the development is not service-

oriented. For example, single-family residences, duplexes, triplexes, residential apartments,

mobile home parks, condominiums, time-share condominiums, townhouses, cooperatives and

conversions of structures and land uses to these. To qualify as a RESIDENTIAL PLANNED

UNIT DEVELOPMENT, a development must contain at least 5 dwelling units or sites.

RESORT. A private recreational development which includes multiple units intended for

habitation on a temporary basis for relaxation or recreational purposes.

RESTAURANT. Premises at which food or beverages are cooked or prepared and offered

for sale, and where consumption is permitted on the premises, whether or not entertainment is

offered, including establishments commonly known as: bars; grills; cafes; taverns; nightclubs;

drive-ins, and fast-food establishments permitting on-site consumption.

SCHOOL. A facility that provides a curriculum of elementary or secondary academic

instruction, including kindergartens, elementary schools, junior high schools, and high schools.

SEMI-PUBLIC USE. The use of land by a private nonprofit organization to provide a

public service that is ordinarily open to some persons outside the regular constituency of the

organization.

SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas

unsuitable for development in their natural state due to constraints such as shallow soils over

groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to

flooding, or occurrence of flora or fauna in need of special protection.

SEPTIC TANK. Any water tight, covered receptacle designed and constructed to receive

the discharge of sewage from a building’s sewer, to separate solids from liquids, digest organic

matters, and store liquids for a period of detention, and allow the liquids to discharge to a soil

treatment system.

SETBACK. The minimum horizontal distance between a structure, sewage treatment

system, or other facility and an ordinary high water level, sewage treatment system, top of a

bluff, road, highway, property line, or other facility.

SEWAGE TREATMENT SYSTEM. A system whereby septic tank effluent is treated and

disposed of below the ground surface by filtration and percolation through the soil. This

includes those systems commonly known as: seepage bed; disposal field; and mounds.

SEWER SYSTEM. Pipelines, conduits, pumping stations, force main and all other

construction, devices, appliances, or appurtenances used for conducting sewage or industrial or

other wastes to a point of ultimate disposal.

SHORE IMPACT ZONE. Land located between the ordinary high water level of a public

water and a line parallel to it at a setback of 50% of the structure setback.

SHORELAND. Land located within the following distances from public waters: 1,000 feet

from the ordinary high water level of a lake, pond or flowage; and 300 feet from a river or

stream, or the landward extent of a floodplain designated by ordinance on a river or stream,

whichever is greater. The limits of SHORELANDS may be reduced whenever the waters

involved are bounded by topographic divides which extend landward from the waters for lesser

distances and where approved by the Commissioner.

SIGNIFICANT HISTORIC SITE. Any archeological site, standing structure, or other

property that meets the criteria for eligibility to the National Register of Historic Places or is

listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that

falls under the provisions of M.S. § 307.08, as it may be amended from time to time. A

HISTORIC SITE meets these criteria if it is presently listed on either register or if it is

determined to meet the qualifications for listing after review by the Minnesota state archeologist

or the Director of the Minnesota Historical Society. All unplatted cemeteries are automatically

considered to be SIGNIFICANT HISTORIC SITES.

SINGLE-FAMILY DWELLING. A structure, designated or used for residential occupancy

by 1 family.

STEEP SLOPES. Land where agricultural activity or development is either not

recommended or described as poorly suited due to slope steepness and the soil characteristics of

the site, as mapped and described in available county soil surveys or other technical reports,

unless appropriate design and construction techniques and farming practices are used in

accordance with the provisions of this chapter. Where specific information is not available,

STEEP SLOPES are lands having slopes over 12%, as measured over horizontal distances of 50

feet or more, that are not bluffs.

STREET. A public way which affords the principal means of access to abutting property.

STRUCTURE. Any building or appurtenance, including decks, but not including aerial or

underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles,

or other supporting facilities.

SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The

SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be

subdivided.

SUBDIVISION. Land that is divided for the purpose of sale, rent or lease, including

Planned Unit Developments.

SURFACE WATER-ORIENTED COMMERCIAL USE. The use of land for commercial

purposes, where access to and use of a surface water feature is an integral part of the normal

conductance of business. Marinas, resorts, and restaurants with transient docking facilities are

examples of this use.

TEMPORARY STRUCTURE. Any structure which has been erected or moved onto a lot in

order to be utilized for any purpose for a period not to exceed 6 months. Any structure which is

not a TEMPORARY STRUCTURE is considered a permanent structure and must comply with

all provisions of this chapter.

TOE OF THE BLUFF. The lower point of a 50 foot segment with an average slope in

excess of 18%.

TOP OF THE BLUFF. The higher point of a 50 foot segment with an average slope in

excess of 18%.

26 Park Rapids - Land Usage

TOWNHOUSE. A residential building containing two or more dwelling units with at least

one common wall, each unit so oriented as to have all exits open to the outside. The common

wall(s) is/are used to divide the dwelling units and shall not contain any doors, walkways, or

other openings.

TWINHOME. A building comprised of no more than two single-family dwelling units,

designed exclusively for, or occupied exclusively by, no more than two families living

independently of each other, with each unit located on a separate, single parcel of record, divided

by a common wall. The common wall is used to divide the dwelling units and shall not contain

any doors, walkways, or other openings.

VARIANCE. A modification or variation of the requirements of this chapter, authorized by

the Board of Adjustment, in accordance with § 151.245.

WATER RETENTION DEVICE OR AREA. Any constructed control devise, ponding area

or stormwater pond, or a natural depression or wetland installed or planned for under a state

approved surface water management plan which provides for the temporary storage of

stormwater runoff, with the purpose of replicating, pre-development hydrologic conditions and

retaining sediment and/or nutrients.

WATER SUPPLY PURPOSE. Any use of water for domestic, commercial, industrial, or

agricultural purposes.

WETLAND. A surface water feature classified as a wetland in the United States Fish and

Wildlife Service Circular No. 39 (1971 Edition).

WIND ENERGY FACILITY. An energy facility that consists of one or more wind turbines

or other such devices and their related or supporting facilities that produce electric power from

wind for onsite use.

YARD. The area between any lot line and the setback required therefrom.

YARD, FRONT. A yard extending along the full width of a front lot line between side lot

lines and from the front lot line to the front building line in depth. See also lot line, front.

YARD, REAR. A yard extending across the full width of the lot and lying between the rear

lot line and the nearest line of the building. REAR YARD depth shall be measured at right

angles to the rear line of the lot.

Zoning 26A

YARD, SHORELAND. A yard which is typically a rear yard extending across a lot and

being the required minimum horizontal distance between a structure and the ordinary high water

level of a public water as established by the city storm drainage plan and Department of Natural

Resources.

YARD, SIDE. A yard lying between the side line of the lot and the nearest line of the

building and extending from the front yard to the rear yard, or in the absence of either of front or

rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side

lines of the lot.

YARD, TRANSITIONAL. The yard area where a commercial or industrial district abuts a

residential district.

ZERO LOT LINE. The location of a building on a lot in a manner that 1 or more of the

building’s sides rests directly on a lot line.

ZONING ADMINISTRATOR. The Zoning Administrator of the City of Park Rapids, or its

authorized agent or representative.

ZONING LOT. One or more lots which are used for a single principal use or planned unit

development.

(Prior Code, § 66-1) (Ord., passed 1994; Am. Ord. 352, passed 8-28-2001; Am. Ord.417, passed

11-29-2004; Am. Ord. 421, passed 1-25-2005; Am. Ord. 451, passed 1-24-2006; Am. Ord. 491,

passed 5-22-2007; Am. Ord. 493, passed 7-24-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord.

535, passed 1-24-2012)

§ 151.004 JURISDICTION.

The provisions of this chapter shall apply to all land within the City of Park Rapids and the

orderly annexation area in Henrietta Township, including the shorelands of the public water

bodies as classified in §§ 151.025 et seq. of this chapter.

(Prior Code, § 66-2) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007)

§ 151.005 COMPLIANCE.

(A) The use of any land, the use of shoreland, the size and shape of lots, the use, size, type,

and location of structures on lots, the installation and maintenance of water supply and waste

treatment systems, the grading and filling of any shoreland area, the cutting of shoreland

vegetation, the erection or placement of signs, and the subdivision of land shall be in full

compliance with the terms of this chapter and other applicable regulations.

(B) The construction of buildings and sewage treatment systems, the erection or placement

of signs, and grading and filling in shoreland areas shall require a permit unless specifically

excluded by the requirements of this chapter.

§ 151.006 ENFORCEMENT.

(A) The Park Rapids City Council shall bear ultimate responsibility for the administration

and enforcement of this chapter.

(B) Any violation of the provisions of this chapter or failure to comply with any of its

requirements, including failure to comply with special conditions attached to granted conditional

uses or variances, shall constitute a misdemeanor and shall be punishable as defined by law.

a regulated activity pursuant to §§ 151.240 et seq.

(Prior Code, § 66-4) (Ord. passed 1994) Penalty, see § 151.999

§ 151.007 INTERPRETATION.

(A) In their interpretation and application, the provisions of this chapter shall be held to be

minimum requirements and shall be liberally construed in favor of the City of Park Rapids and

shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(B) Interpretation shall be made by the Zoning Administrator, subject to appeal to the Board

of Adjustment.

(Prior Code, § 66-5) (Ord. passed 1994)

§ 151.008 SEVERABILITY.

This chapter and the various parts, sentences, paragraphs, sections and clauses thereof are

hereby declared to be severable. If any part, sentence, paragraph, section or clause is judged to

be unconstitutional or otherwise invalid for any reason by a court of competent jurisdiction, the

finding shall not affect the remaining portions of this chapter.

(Prior Code, § 66-6) (Ord. passed 1994)

§ 151.009 ABROGATION AND GREATER RESTRICTIONS.

It is not intended by this chapter to repeal, abrogate, or impair any existing easements,

covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the

provisions of this chapter shall prevail.

(Prior Code, § 66-7) (Ord. passed 1994)

§ 151.010 EFFECTIVE DATE.

This chapter, as amended, shall take effect and be in force on and after 6-12-2001.

(Prior Code, § 66-8) (Ord. passed 1994)

SHORELAND CLASSIFICATION SYSTEM

§ 151.025 GENERAL PROVISIONS.

(A) The public waters of the City of Park Rapids and the orderly annexation area in

Henrietta Township have been classified below consistent with the criteria found in Minnesota

Regulations, Part 6120.3300, as it may be amended from time to time, and the protected waters

inventory map for the City of Park Rapids, Minnesota.

(B) (1) The shoreland areas for the water bodies listed in §§ 151.026 through 151.028 shall

be as defined in § 151.003 of this chapter and as shown on the official zoning map for the City of

Park Rapids.

(2) The public waters of the City of Park Rapids and the orderly annexation area in

Henrietta Township have been classified as follows.

(Prior Code, Article II) (Am. Ord. 491, passed 5-22-2007)

§ 151.026 NATURAL ENVIRONMENT LAKES.

Lake Identification Number

Lake Name

28-250.1

Mud Lake

29-167

Sill Lake

(Prior Code, § 66-31) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007)

§ 151.027 RECREATIONAL DEVELOPMENT LAKES.

Lake Identification Number

Lake Name

28-242 Fish Hook Lake (partial

per annexation areas)

(Prior Code, § 66-32) (Ord. passed 11-26-2002)

§ 151.028 TRIBUTARIES.

Watercourse

From

Fish Hook River Section 14, (at northern city limits)

T140N, R35W

Section 36, T140N, R35W (at

southern boundary of city

limits)

(Prior Code, § 66-33) (Ord. passed 1994)

ESTABLISHMENT OF ZONING DISTRICTS

§ 151.040 ESTABLISHMENT OF ZONING DISTRICTS.

(A) The development of the City of Park Rapids and the orderly annexation area in

Henrietta Township, including the shoreland of its public waters, shall be controlled by means of

zoning districts. The following zoning districts are created in order to promote the orderly

development of land within the City of Park Rapids and the orderly annexation area in Henrietta

Township.

(B) The City of Park Rapids and the orderly annexation area in Henrietta Township is

hereby divided into the following districts which shall be known by the following respective

symbols or names:

Symbol

Name

C-1

Conservation District

AG-1

Agricultural District

Public and Quasi-Public Zone District

R-1

Single-Family Residential District

R-1A

Single-Family Residential in Annexation Area District

R-2

Single, 2-Family and Townhouse District

R-3

Medium Density Residential District

R-B

Residential-Business Transitional District

B-1

Highway Business District

B-2

General Business District

I-1

Light Industry District

I-2

Heavy Industry District

S-O

Shoreland Overlay District

IP Industrial Park (See Industrial Park Covenants for

regulations.)

(Prior Code, § 66-41) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007)

§ 151.041 ZONING MAP.

The official City of Park Rapids zoning map is located at city hall, Park Rapids, Minnesota.

This map is hereby adopted by reference.

(Prior Code, § 66-42) (Ord. passed 1994)

§ 151.042 INTERPRETATION OF ZONING MAP.

(A) Where there is uncertainty, contradiction or conflict as to the location of any zoning

district boundary line, whether due to scale, illegibility or lack of detail of the zoning map, the

Zoning

Administrator shall make the interpretation and determination. Any person aggrieved by the

interpretation may appeal the interpretation to the Board of Adjustment who shall make the final

determination, subject to appeal to the District Court.

(B) The Zoning Administrator and the Board of Adjustment, in interpreting the official

zoning map, and in deciding appeals of these determinations, shall apply the following standards:

(1) Zoning district boundary lines are intended to follow lot lines, or to be parallel or

perpendicular thereto, or along the centerline of streets, alleys, rights-of-way, or along the

ordinary high water level of public waters, unless the boundary lines are clearly designated

otherwise on the zoning map;

(2) Where zoning district boundary lines are so indicated that they approximately

follow lot lines, the lot lines shall be construed to be the boundary lines; and

(3) Where a zoning district boundary line divides a lot, the location of any zoning

district boundary line, unless indicated by dimensions shown on the zoning map, shall be

determined by use of the map scale on the official zoning map.

(Prior Code, § 66-43) (Ord. passed 1994)

ZONING DISTRICT REQUIREMENTS

§ 151.055 AVERAGING SETBACKS.

(A) (1) Outside of shoreland areas, in the (R-1) Single-Family Residential, (R-2) Single, 2-

Family and Townhouse Residential, (R-3) Medium Density Residential, and (R-B) Residential-

Business Transitional Districts, where adjacent structures within the same block have front yard

setbacks different from those required, the front yard minimum setback shall be the average of

the adjacent structures.

(2) If there is only 1 adjacent structure, the front yard minimum setback shall be the

average of the required setback and the setback of the adjacent structure.

(3) The front setback required by this section shall not be less than 20 feet.

(4) All setback distances shall be measured from the appropriate lot line.

(B) In shoreland areas, the structure setback from the ordinary high water level may be

modified to equal the average of the principal structure setback on lots immediately adjacent to

the parcel in question provided that no structure setback shall be established at less than 50 feet

from the ordinary high water level and no structure shall be allowed within a shore or bluff

impact zone.

(Prior Code, § 66-50) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see §

151.999

§ 151.056 DISTANCE BETWEEN BUILDINGS.

(A) No more than 1 principal building may be located on 1 lot in a residential district.

(B) In other districts, each principal building shall be a minimum of 12 feet from any other

principal building on the lot.

(Prior Code, § 66-51) (Ord. passed 1994) Penalty, see § 151.999

§ 151.057 (C-1) CONSERVATION DISTRICT.

(A) Statement of intent. This Conservation District is intended to maintain the open space

area in the center of Park Rapids and to prevent property losses resulting from inappropriate

development of the river floodplain.

(B) Permitted uses.

(1) Pasture and cropland consistent with § 151.085;

(2) Forestry consistent with § 151.086;

(3) Public parks, open space, playgrounds, campgrounds; and

(4) Accessory uses and structures to the above permitted uses. See § 151.115.

conditional use permit by the City Council following the procedures outlined in § 151.240 of this

chapter:

(1) Single-family residences;

(2) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(3) Licensed daycare facility serving 12 or fewer persons;

(4) Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(5) Commercial recreational uses utilizing and dependent upon the natural amenities of

the zoning district and immediate, surrounding area; and

(6) Accessory uses and structures to the above uses. See § 151.115.

Yard requirements for C-1 District

1-Family

Other Uses

Lot area minimum square feet

1 acre

5 acres

Lot width minimum feet

200 feet

500 feet

Maximum lot coverage

10%

Front yard minimum

50 feet

Side yard minimum

30 feet

Rear yard minimum/alley

30 feet, 0 feet

Maximum height

25 feet

(7) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-52) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am.

Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.058 (AG-1) AGRICULTURAL DISTRICT.

(A) Statement of intent. This district is intended to preserve areas for low intensity use such

as forestry, pasture and cropland, low density residential development and outdoor recreation,

and to serve as a holding zone for future higher intensity uses when infrastructure is made

available.

(B) Permitted uses.

(1) Pasture and cropland consistent with § 151.085;

(2) Forestry consistent with § 151.086;

(3) Nurseries;

(4) Single-family housing and duplexes;

(5) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(6) Licensed daycare facility serving 12 or fewer persons;

(7) Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children; and

(8) Accessory structures and uses. See § 151.115.

conditional use permit by the City Council following the procedures outlined in §§ 151.240 et

seq. of this chapter:

(1) Offices of veterinary and animal clinics, kennels, and public animal shelters;

(2) Essential service utility structure and facilities;

(3) Home occupations consistent with § 151.146;

(4) Parks, campgrounds, golf courses, golf driving ranges, race tracks, historical sites,

museums, and related commercial facilities;

(5) Cemeteries, including animal cemeteries; and

(6) Treatment plants: water and sewage.

Yard Requirements for AG-1 District

Unsewered

Sewered

1-Family

Other Uses

1-Family

Other Uses

Lot area minimum

10 acres

2 acres

5 acres

Lot width minimum feet

600 feet

150 feet

500 feet

Maximum lot coverage

10%

Front yard minimum

50 feet

Side yard minimum

30 feet

Rear yard minimum/alley

30 feet/0 feet

Maximum height

30 feet

(7) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-53) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am.

Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.059 (P) PUBLIC AND QUASI-PUBLIC ZONE DISTRICT.

(A) Statement of intent. To provide areas for actual or planned facilities intended to serve

the public; to permit orderly and economic development of public service utilities.

(B) Permitted uses. Cemeteries.

but are not limited to, the following:

(1) Airport: Public and/or private;

(2) Campground: Public or private;

(3) Public penal and correctional institutions;

(4) Public sanitary landfills, transfer stations, and recycling centers;

(5) Essential service utility structures and facilities; and

(6) Accessory uses to the above principal uses. See § 151.115.

Yard Requirements for P District

Other Uses

Lot area minimum square feet

5 acres

Lot width minimum feet

300 feet

Maximum lot coverage

50%

Front yard minimum

100 feet

Side yard minimum

30 feet

Yard Requirements for P District

Rear yard minimum/alley

30 feet/0 feet

Maximum height

35 feet

(7) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-54) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010)

Penalty, see § 151.999

§ 151.060 (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Statement of intent. The purpose of the R-1 Single-Family Residential District is to

provide low-density single-family detached residential dwelling units and directly related

complementary uses.

(B) Permitted uses.

(1) Single-family detached dwellings;

(2) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(3) Licensed daycare facilities serving 12 or fewer persons;

(4) Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(5) Public parks and playgrounds; and

(6) Accessory uses to permitted principal uses. See § 151.115.

conditional use permit is required based upon the procedures, factors, findings and conditions set

forth in and regulated by § 151.243 of this chapter.)

(1) Bed and breakfast facilities;

(2) Public or semi-public recreational buildings and educational institutions limited to

elementary, middle and senior high schools; and religious institutions such as churches, chapels,

temples and synagogues;

(3) Governmental and public utility buildings and structures necessary for the health,

safety, and general welfare of the community;

(4) Boarding or renting rooms to not more than 1 person;

(5) Communication transmission and reception systems including but not limited to

free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is

located in the rear yard; if located on corner lots, no closer than 5 feet from all adjoining lot

lines, and its location is reviewed by local utility companies. The City Council may require

appropriate conditions as necessary to maintain the character of the surrounding area;

(6) Home occupations consistent with § 151.146.

(7) Hospitals and clinics: exclusive of public or private institutions for confinement of

civil and criminal commitments;

(8) Fire stations;

(9) Essential service utility structures and facilities;

(10) Public golf courses;

(11) Residential Planned Unit Developments in the Shoreland Overlay District; and

(12) Accessory uses to the above principal uses.

Yard Requirements for R-1 District - Sewered Parcels

1-Family

Accessory Buildings

Other Buildings

Lot area minimum square feet

10,500

Lot width minimum feet

100 feet

Maximum lot coverage

30%

35%

Front yard minimum

35 feet

Side yard minimum

10 feet

Street side yard minimum

17.5 feet

Rear yard min./alley

30/20 feet

10/20 feet

30/20 feet

Maximum height

30 feet

17 feet

30 feet

Park Rapids - Land Usage

Yard Requirements for R-1 District - Unsewered Parcels

1-Family

Accessory Buildings

Other Buildings

Lot area minimum square feet

10 acres

5 acres

Lot width minimum feet

600 feet

Maximum lot coverage

Front yard minimum

35 feet

Side yard minimum

10 feet

Street side yard minimum

17.5 feet

Rear yard min./alley

30/20 feet

10/20

30/20 feet

Maximum height

30 feet

17 feet

30 feet

(13) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-55) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 491, passed 5-22-2007; Am.

Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see § 151.999

§ 151.061 (R-1A) SINGLE-FAMILY RESIDENTIAL IN ANNEXATION AREA

DISTRICT.

(A) Statement of intent. The purpose of the R-1A Single-Family Residential in Annexation

Area District is to provide low density single-family detached residential dwelling units and

directly related complementary uses primarily in previously platted area within the Henrietta

Township Orderly Annexation Area.

(B) Permitted uses.

(1) Single-family detached dwellings;

(2) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(3) Licensed daycare facilities serving 12 or fewer persons;

(4) Group family daycare facility licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(5) Public parks and playgrounds; and

(6) Accessory uses to permitted principal uses. See § 151.115.

conditional use permit is required based upon the procedures, factors, findings and conditions set

forth in and regulated by § 151.243 of this chapter.)

(1) Bed and breakfast facilities;

(2) Public or semi-public recreational buildings and educational institutions limited to

elementary, middle and senior high schools; and religious institutions such as churches, chapels,

temples and synagogues;

(3) Governmental and public utility buildings and structures necessary for the health,

safety, and general welfare of the community;

(4) Boarding or renting rooms to not more than 1 person;

(5) Communication transmission and reception systems including but not limited to

free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is

located in the rear yard; if located on corner lots, no closer than 5 feet from all adjoining lot

lines, and its location is reviewed by local utility companies. The City Council may require

appropriate conditions as necessary to maintain the character of the surrounding area;

(6) Home occupations consistent with § 151.146;

(7) Hospitals and clinics: exclusive of public or private institutions for confinement of

civil and criminal commitments;

(8) Fire stations;

(9) Essential service utility structures and facilities;

(10) Public golf courses;

(11) Residential planned unit developments in the Shoreland Overlay District; and

(12) Accessory uses to the above principal uses.

Yard Requirements for R-1A District - Sewered Parcels

1-Family

Accessory Buildings

Other Buildings

Lot area minimum square feet

10,500

Lot width minimum feet

100 feet

Maximum lot coverage

30%

35%

Front yard minimum

35 feet

Side yard minimum

10 feet

Street side yard minimum

17.5 feet

Rear yard min./alley

30/20 feet

10/20

30/20 feet

Maximum height

30 feet

17 feet

30 feet

Yard Requirements for R-1A District - Unsewered Parcels

1-Family

Accessory buildings

Other buildings

Lot area minimum square feet

2.5 acres

52. acres

Lot width minimum feet

200 feet

Maximum lot coverage

Front yard minimum

35 feet

Side yard minimum

10 feet

Street side yard minimum

17.5 feet

Rear yard min./alley

30/20 feet

10/20

30/20 feet

Maximum height

30 feet

17 feet

30 feet

(13) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-

2012)

§ 151.062 (R-2) SINGLE, 2-FAMILY AND TOWNHOUSE DISTRICT.

(A) Statement of intent. This district is intended to provide low to moderate density single

and 2-family dwellings, twinhomes and townhouses and directly related complimentary uses.

(B) Permitted uses.

(1) Single-family detached dwellings;

(2) Twinhomes, with municipal services only;

(3) Two-family dwelling units (duplex);

(4) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(5) Licensed daycare serving 12 or fewer persons;

(6) Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(7) Public parks and playgrounds; and

(8) Accessory uses to permitted principal uses. See § 151.115.

conditional use permit based upon the procedures, findings, factors and conditions set forth in

and regulated by § 151.243:

(1) Bed and breakfast facilities;

(2) Public or semi-public recreational buildings and educational institutions limited to

elementary, middle and senior high schools; and religious institutions such as churches, chapels,

temples and synagogues;

(3) Governmental and public utility buildings and structures necessary for the health,

safety, and general welfare of the community;

(4) Town homes containing 4 units or less;

(5) Mobile and manufactured home parks in accordance with § 151.158;

(6) State licensed residential facility serving 7 to 16 persons;

(7) Licensed daycare facility serving 13 to 16 persons;

(8) Nursing homes, hospitals and clinics: exclusive of public or private institutions for

confinement of civil and criminal commitments;

(9) Fire stations;

(10) Essential service utility structures and facilities;

(11) Public golf courses;

(12) Boarding or renting rooms to not more than 1 person;

(13) Communication transmission and reception systems including but not limited to

free-standing satellite dishes, towers and/or antennas, provided that any ground cased device is

located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot

lines, and its location is reviewed by local utility companies. The City Council may require

appropriate conditions as necessary to maintain the character of the surrounding area;

(14) Home occupations consistent with § 151.146;

(15) Residential Planned Unit Developments in the Shoreland Overlay District;

(16) Other residential, institutional, or government service uses determined by the

Planning Agency to be of the same general character as the permitted and conditional uses above

and found not to be detrimental to existing uses and the general public health, safety and welfare;

and

(17) Accessory uses to the above principal uses (see § 151.115).

Yard Requirements for R-2 District - Sewered Parcels

1-Family Accessory

Building

Twinhome Duplex Townhouses Other

Buildings

Lot area minimum square feet 9,000 5,500 10,500 11,000 first 2

units; 3,500

for each

add’l. unit

10,500

Lot width minimum feet 80 feet 50 feet 100 feet 50 feet

(end lots)

25 feet

(interior lots)

100 feet

Yard Requirements for R-2 District - Sewered Parcels

1-Family Accessory

Building

Twinhome Duplex Townhouses Other

Buildings

Maximum lot coverage

30%

35%

40%

35%

Front yard minimum

30 feet

Side yard minimum

5 feet

Street side yard minimum

15 feet

Rear yard minimum/alley 30 feet/20

feet

5 feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

Maximum height

30 feet

17 feet

30 feet

35 feet

30 feet

Yard Requirements for R-2 District - Unsewered Parcels

1-Family

Accessory Building

Duplex

Other Buildings

Lot area minimum square feet

10 acres

Lot width minimum feet

600 feet

Maximum lot coverage

Front yard minimum

30 feet

Side yard minimum

5 feet

10 feet

Street side yard minimum

15 feet

Rear yard minimum/alley

30 feet/20 feet

5 feet/20 feet

30 feet/20 feet

Maximum height

30 feet

17 feet

30 feet

(18) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous

property. These apparatuses must also meet all other required zoning and Universal Building

Code

regulations including setback and height requirements, be in compliance with all state and

federal regulations, and meet the requirements of the Park Rapids Municipal Airport Zoning

Ordinance.

(19) Recreational camping area which:

(a) Meet all Minnesota Department of Health general requirements for a

recreational camping area;

(b) Is a minimum of 10 acres;

(Prior Code, § 66-56) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 425, passed 1-25-2005; Am.

Ord. 469, passed 10-24-2006; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-

2010; Am. Ord. 537, passed 4-24-2012; Am. Ord. 540, passed 10-9-2012) Penalty, see §

151.999

§ 151.063 (R-3) MEDIUM DENSITY RESIDENTIAL DISTRICT.

(A) Statement of intent. The purpose of the R-3 Medium Density Residential District is to

provide for medium density housing in multiple family structures and directly related

complementary uses.

(B) Permitted uses.

(1) Single-family detached dwellings;

(2) Two-family dwelling units (duplex);

(3) Twinhomes, with municipal services only;

(4) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(5) Licensed daycare serving 12 or fewer persons;

(6) Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(7) Multi-family dwellings containing 12 or less units;

(8) Townhouses containing 8 units or less;

(9) Boarding houses limited to not more than 10 persons;

(10) Public parks and playgrounds; and

(11) Accessory uses to permitted principal uses; ( See § 151.115).

conditional use permit based upon the procedures, findings, factors and conditions set forth in

and regulated by § 151.243.

(1) Bed and breakfast facilities;

(2) Public or semi-public recreational buildings and educational institutions limited to

elementary, middle and senior high schools; and religious institutions such as churches, chapels,

temples and synagogues;

(3) Governmental and public utility buildings and structures necessary for the health,

safety, and general welfare of the community;

(4) Townhouses containing more than 8 units;

(5) Mobile and manufactured home parks in accordance with § 151.158, manufactured

home park standards.

(6) State licensed residential facility serving 7 to 16 persons;

(7) Nursing homes, hospitals and clinics: exclusive of public or private institutions for

confinement of civil and criminal commitments;

(8) Fire stations;

(9) Essential service utility structures and facilities;

(10) Public golf courses;

(11) Communication transmission and reception systems including but not limited to

free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is

located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot lines,

and its location is reviewed by local utility companies. The City Council may require

appropriate conditions as necessary to maintain the character of the surrounding area;

(12) Home occupations consistent with § 151.146;

(13) Residential Planned Unit Developments in the Shoreland Overlay District;

(14) Small resort containing 12 or less units;

(15) Licensed daycare facility serving over 12 persons;

(16) Group family daycare licensed under Minn. Rules, Parts 9502.0315 to 9502.0445,

as it may be amended from time to time, to serve over 14 children;

(17) Professional services located in existing homes consistent with § 151.160;

(18) Multiple-family greater than 12 units;

(19) Other residential, institutional, or government service uses determined by the

planning agency to be of the same general character as the permitted and conditional uses above

and found not to be detrimental to existing uses and the general public health, safety, and

welfare; and

(20) Accessory uses to the above principal uses. See § 151.115.

Yard Requirements for R-3 District - Sewered Parcels

1-Family Accessory

Building

Twinhome Duplex Townhouses Other

Buildings

Multi-

Family

Lot area minimum

square feet

8,500 5,500 10,500 11,000 first 2

units; 3,500

for each

add’l. unit

10,500 10,500

plus 1,500

per unit

Lot width minimum

feet

75 feet 50 feet 100 feet 50 feet (end

lots) 25 feet

(interior lots)

100 feet 100 feet

Maximum lot

coverage

30% 35% 35% 40% 35% 40%

Front yard minimum

30 feet

Side yard minimum

5 feet

10 feet

Street side yard

minimum

15 feet 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet

Rear yard

minimum/alley

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

Maximum height

30 feet

17 feet

30 feet

35 feet

45 feet

35 feet

Zoning 47

Yard Requirements for R-3 District - Unsewered Parcels

1-Family Accessory

Building

Duplex Townhouses Other

Buildings

Multi-

Family

Lot area minimum square feet

10 acres

Lot width minimum feet

600 feet

Maximum lot coverage

Front yard minimum

30 feet

Side yard minimum

5 feet

10 feet

Street side yard minimum

15 feet

Rear yard minimum/alley 30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

Maximum height

30 feet

17 feet

30 feet

35 feet

45 feet

35 feet

(21) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-57) (Am. Ord. 376, passed 1-14-2003; Am. Ord. 418, passed 11-29-2004;

Am. Ord. 421, passed 1-25-2005; Am. Ord. 469, passed 10-24-2006; Am. Ord. 491, passed 5-22-

2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-2012) Penalty, see §

151.999

§ 151.064 (R-B) RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT.

(A) Intent. The purpose of the R-B District is to provide for the transition in land use from

residential to low intensity business allowing for the intermixing for these uses.

(B) Permitted uses.

(1) Single-family detached dwellings;

(2) Two-family dwelling units (duplex);

(3) Twinhomes, with municipal services only;

(4) State licensed residential facility or a housing with services establishment

registered under M.S. Chapter 144D serving 6 or fewer persons;

(5) Licensed daycare serving 12 or fewer persons;

(6) Group family daycare facilities licensed under Minn. Rules, Parts 9502.0315 to

9502.0445, as it may be amended from time to time, to serve 14 or fewer children;

(7) Public parks and playgrounds;

(8) Multi-family dwellings containing 12 or less units;

(9) Townhouses containing 8 units or less;

(10) Boarding houses limited to not more than 10 persons;

(11) Public libraries and museums;

(12) Public office buildings (such as city hall, courthouse, state of Minnesota, and the

like.)

(13) Professional service offices; and

(14) Accessory uses to the above permitted uses; (See § 151.115).

conditional use permit based upon the procedures, findings, factors and conditions set forth in

and regulated by § 151.243:

(1) Bed and breakfast facilities;

(2) Public or semi-public recreational buildings and educational institutions limited to

elementary, middle and senior high schools; and religious institutions such as churches, chapels,

temples and synagogues;

(3) Governmental and public utility buildings and structures necessary for the health,

safety and general welfare of the community;

(4) Town homes containing more than 8 units;

(5) Small resort containing 12 or less units;

(6) Licensed daycare facility serving over 12 persons;

(7) Group family daycare licensed under Minn. Rules, Parts 9502.0315 to 9502.0445,

as it may be amended from time to time, to serve over 14 children;

(8) Mobile and manufactured home parks in accordance with § 151.158, manufactured

home park standards;

(9) State licensed residential facility serving 7 to 16 persons;

(10) Communication transmission and reception systems including but not limited to

free-standing satellite dishes, towers and/or antennae, provided that any ground cased device is

located in the rear yard; if located on corner lots no closer than 5 feet from all adjoining lot lines,

and its location is reviewed by local utility companies. The City Council may require

appropriate conditions as necessary to maintain the character of the surrounding area;

(11) Home occupations consistent with § 151.146;

(12) Residential Planned Unit Developments in the Shoreland Overlay District;

(13) Hospitals, nursing homes, medical offices and clinics, (exclusive of public or

private institutions for confinement of civil and criminal commitments);

(14) Fire stations;

(15) Essential service utility structures and facilities;

(16) Public golf courses;

(17) Public mental health clinic;

(18) Seasonal retail establishments located in existing homes as regulated by § 151.160;

(19) Parking facilities for adjacent commercial or multiple dwelling establishments;

(20) Buildings combining residential and non-residential uses;

(21) Other residential, institutional, or government service uses determined by the

planning agency to be of the same general character as the permitted and conditional uses above

and found not to be detrimental to existing uses and the general public health, safety, and

welfare; and

(22) Accessory uses to the above principal uses. See § 151.115.

Yard Requirements for R-B District - Sewered Parcels

Family

Accessory

Building

Twinhome Duplex Townhouses Other

Buildings

Multi-family

Lot area minimum

square feet

10,500 5,500 10,500 11,000 first 2

units; 3,500

for each

add’l. unit

10,500 10,500 plus

1,500/unit

Lot width minimum

feet

100 feet 50 feet 100 feet 50 feet (end

lots) 25 feet

(interior lots)

100 feet 100 feet

Maximum lot

coverage

30% 35% 35% 40% 40% 40%

Front yard minimum

30 feet

Side yard minimum

5 feet

Street side yard

minimum

20 feet 20 feet 20 feet 15 feet 15 feet 20 feet 15 feet

Rear yard

minimum/alley

feet/20

feet

5 feet/20

feet

30 feet/20

feet

feet/20

feet

30 feet/20

feet

30 feet/20

feet

30 feet/20

feet

Maximum height

30 feet

17 feet

30 feet

35 feet

45 feet

(23) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-60) (Am. Ord. 421, passed 1-25-2005; Am. Ord. 469, passed 10-24-2006;

Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010; Am. Ord. 537, passed 4-24-

2012) Penalty, see § 151.999

§ 151.065 (B-1) HIGHWAY BUSINESS DISTRICT.

(A) Statement of intent. This district is established to accommodate commercial activities

convenient to motorists and to accommodate those businesses which require large areas for off-

street parking or commercial storage, and which generate substantial traffic originating from

outside the community.

(B) Permitted uses. The following uses are allowed with a duly authorized permit from the

Zoning Administrator:

(1) Professional services including banks, medical clinics, public mental health

buildings, postal stations, and offices under 20,000 square feet;

(2) Personal services including dry cleaning and laundry establishments, laundromats,

barber and beauty shops, funeral homes, and shoe repair shops;

(3) Equipment services including radio and television shops, electrical appliance

shops;

(4) Food services including grocery stores, fruit and vegetable markets, meat markets,

supermarkets, restaurants, delicatessens, candy shops and bakeries whose products are sold at

retail on the premises;

(5) Retail businesses (under 20,000 square feet) including drug stores, hardware stores,

stationery and book stores, floral shops, apparel shops, showrooms for articles to be sold at retail;

(6) Hotels and motels;

(7) Churches, temples, chapels, synagogues, cathedrals and shrines;

(8) Trade or business schools;

(9) Printing shops and newspaper office and sales;

(10) Public buildings and utilities, including public works buildings;

(11) Public libraries and museums;

(12) Public office buildings (such as city hall, courthouse, State of Minnesota, and the

like);

(13) Hospitals and clinics: exclusive of public or private institutions for confinement of

civil or criminal commitments;

(14) Fire stations;

(15) Treatment plants: sewage or water;

(16) Group daycares:

(17) Gas stations without service, including convenience stores. See conditional uses §

151.243; and

(18) Accessory uses and structures to the above permitted uses.

conditional use permit by the City Council following the procedures outlined in §§ 151.240 et

seq. of this chapter.

(1) Any professional service or retail establishment not specifically allowed as a

permitted use in this district;

(2) Single and multi-family housing provided that the dwelling units are located above

or behind commercial or office establishments, subject to the following conditions that any

apartment shall be provided with private access, other than through a business;

(3) Entertainment businesses, such as bowling alleys, bars and theaters;

(4) Storage facilities and warehouses;

(5) Large retail business and offices over 20,000 square feet;

(6) On and off-sale liquor establishments;

(7) Recreational facilities such as bowling alleys, community centers, private fitness

clubs, and the like;

(8) Hospitals, nursing homes, care facilities;

(9) Private clubs (i.e. VFW, Eagles, and the like);

(10) Veterinary and animal clinics, kennels, and public animal shelters;

(11) Manufactured housing sales and rental;

(12) Lumberyards, landscape equipment and sales;

(13) Contractors such as electrical, plumbing and building service and sales;

(14) Auto, boat, farm machinery and recreational vehicles repair, service and sales;

(15) Shopping centers (mini-malls, and the like);

(16) Public fairgrounds;

(17) Public golf courses;

(18) Other essential service utility structures and facilities;

(19) Light assembly/manufacturing incidental to the primary use and compatible with

existing, permitted uses in this district; and

(20) Other uses determined by the planning agency to be of the same general character

as the permitted and conditional uses above and found not to be detrimental to existing uses and

the general public health, safety, and welfare.

(21) Accessory uses and structures to the above conditionally permitted uses.

Yard Requirements for B-1 District

All Uses - Unsewered

All Uses - Sewered

Lot area minimum

1 acre

No minimum

Lot width minimum feet

200 feet

100 feet

Maximum lot coverage

50%

85%

Front yard minimum

15 feet

Side yard minimum

15 feet

8 feet

Rear yard minimum/alley

10 feet/10 feet

See § 151.156 for off-street parking requirements

(22) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-61) (Am. Ord. 383, passed 5-13-2003; Am. Ord. 421, passed 1-25-2005; Am.

Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007; Am. Ord. 522, passed 2-23-2010)

Penalty, see § 151.999

54 Park Rapids - Land Usage

§ 151.066 (B-2) GENERAL BUSINESS DISTRICT.

(A) Statement of intent. This district is intended to preserve a central business district

convenient and attractive for a wide range of retail uses and businesses, government and

professional offices, in a setting conducive to and safe for a high level of pedestrian traffic.

(B) Permitted uses. The following uses are allowed with a duly authorized permit from the

Zoning Administrator:

(1) Professional services including banks, medical clinics, postal stations, and offices;

(2) Personal services including dry cleaning and laundry establishments, laundromats,

barber and beauty shops, funeral homes, and shoe repair shops;

(3) Equipment services including radio and television shops, electrical appliances

shops;

(4) Food services including grocery stores, fruit and vegetable markets, meat markets,

supermarkets, restaurants, delicatessens, candy shops and bakeries whose products are sold at

retail on the premises;

(5) Retail businesses including drug stores, hardware stores, stationery and book stores,

floral shops, apparel shops, showrooms for articles to be sold at retail;

(6) Public libraries and museums;

(7) Public office buildings (such as city hall, courthouse, State of Minnesota, and the

like);

(8) Utilities: public and private utilities in compliance with all local, state and federal

regulations; and

(9) Accessory uses and structures.

conditional use permit by the City Council following the procedures outlined in §§ 151.240 et

seq. of this chapter.

(1) Any professional service or retail establishment not specifically allowed as a

permitted use in this district, e.g., plumbing and heating shops;

(2) Churches;

(3) Public mental health clinic;

(4) Other essential service utility structures and facilities;

(5) Single and multi-family housing provided that the dwelling units are located above

or behind commercial or office establishments, subject to the following conditions that any

apartment shall be provided with private access, other than through a business; and

(6) Entertainment businesses, such as bowling alleys, bars, theater, and health clubs.

(7) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(D) Accessory structures and uses.

(1) These specific requirements, in accordance with the Minnesota State Building

Codes and the State of Minnesota’s Fire Codes, will be mandatory in the consideration given to

individual building permits for the construction of awnings, marquees, canopies, roof extension,

decks and balconies in the General Business District (B-2 Zone) as per the City of Park Rapids

Building Inspector and the Planning Administrator.

(2) Requirements for awnings, marquees, canopies, roof extensions over the public

right-of-way shall be considered a part of the principal structure and shall, therefore, meet all

structure requirements, unless otherwise noted:

(a) Support poles must be a minimum of 8 feet from the front line and a minimum

of 2.5 feet from the curb line.

(b) Height shall be a minimum of 8 feet from the sidewalk (grade) to lowest point,

including support beams, and must be maintained with the exception of non-rigid awnings,

which may extend to 7 feet from grade.

area under the structure. Lighting must remain on after dark and all night long.

(d) Liability becomes the assumption of the property owner, who will assume all

liability for the maintenance of the structures and must maintain them in a manner that will not

jeopardize the health, safety and welfare of the public. This includes the removal of snow and

ice build up that may occur during winter months. Refer to § 92.04 of the city code.

54B Park Rapids - Land Usage

(2) Requirements for decks and balconies shall be considered a part of the principal

structure and shall, therefore, meet all structure requirements, unless otherwise noted.

(a) Support poles must meet standards of awnings, marquees, canopies, and roof

extensions.

(b) A deck must not extend beyond the support poles.

occupiable except for performing maintenance on the structure.

Yard Requirements for B-2 District

All Uses

Lot area minimum

2,500 square feet

Lot width minimum feet

25 feet

Maximum lot coverage

None

Front yard minimum

0 feet

Side yard minimum

0 feet

Rear yard minimum/alley

30 feet/10 feet*

*In the B-2 District, awnings, marquees, canopies, balconies, decks, and roof

extensions shall be allowed to extend beyond the 0 feet front setback, over the

sidewalk (public right-of-way) upon meeting the requirements of this section

(Prior Code, § 66-62) (Am. Ord. 360, passed 2-12-2002; Am. Ord. 491, passed 5-22-2007; Am.

Ord. 522, passed 2-23-2010) Penalty, see § 151.999

§ 151.067 (I-1) LIGHT INDUSTRY DISTRICT.

(A) Statement of intent. The provisions of the I-1 District are intended to provide areas for

commercial establishments that are relatively independent from adjacent commercial uses for

spin-off

2007 S-2

Zoning 55

business use, extensive outdoor storage or warehousing, require close access to major

thoroughfares, generate truck traffic, or have similar characteristics which make them

incompatible uses in the B Districts and more appropriate as neighbors of industrial uses; and, to

establish and preserve, in a location and manner which benefits the city, industrial and related

uses which are relatively free from objectionable influences and therefore are of a nature that

they will not adversely affect surrounding areas.

(B) Permitted uses. The following uses are allowed with a duly authorized land use permit

from the Zoning Administrator:

(1) Light manufacturing and similar-type industrial operations that are consistent with

the purposes of this district. See § 151.159;

(2) Wholesale building material storage yards, and lumberyards;

(3) Contractors and construction service shops, equipment rental, or storage yards;

(4) Wholesale establishments including warehousing and storage buildings;

(5) Commercial laundries and dry-cleaning plants;

(6) Veterinary clinics with overnight boarding facilities;

(7) Research and testing laboratories, storage buildings, and distributing stations other

than those storing combustible or explosive fuels, used automobile parts, or other waste or junk;

(8) Bulk fuel distributorships, but only if located in the I-1District adjacent to South

Highway 71;

(9) Auto, boat, farm machinery and recreational vehicle repair, service and sales;

(10) Training facilities for high technology and manufacturing;

(11) Vocational schools;

(12) Conference centers;

(13) Other essential service utility structures and facilities; and

(14) Accessory uses to the above permitted uses.

conditional use permit by the City Council following the procedures outlined in §§ 151.240 of

this chapter.

(1) Day care facilities as an accessory use to a primary permitted use; and

(2) Adult uses are subject to the following restrictions:

(a) Adult use/principal activities must be located at least 700 radial feet as

measured in a straight line from the building upon which the adult use/principal is located to the

property line if the following:

1. Residential zoned property;

2. Agricultural lands located in the neighboring township or in the city that is

designated in the comprehensive plan for residential use;

3. A licensed daycare center including those used as an accessory use;

4. A public or private educational facility classified as elementary, middle,

junior high, or senior high;

5. A public library;

6. A public park;

7. A church; and

8. Amusement places such as roller rinks, dance halls, or bowling alleys.

(b) Adult use/principal activities is a separate use and no 2 adult use/principal

activities shall be located in the same building or upon the same property and each use shall be

subject to the above.

served.

(d) Adult use/principal activities are prohibited at any place or event where minors

are permitted.

(3) Other uses determined by the planning agency to be of the same general character

as the permitted and conditional uses above and found not to be detrimental to existing uses and

the general public health, safety, and welfare.

Zoning 57

Yard Requirements for I-1 District

All Uses

Lot area minimum

20,000 square feet

Lot width minimum feet

100 feet

Maximum lot coverage

85%

Front yard minimum

35 feet

Side yard minimum

15 feet

Rear yard minimum/alley

30 feet/10 feet

(4) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-63) (Am. Ord. 352, passed 8-28-2001; Am. Ord. 383, passed 5-13-2003; Am.

Ord. 421, passed 1-25-2005; Am. Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007;

Am. Ord. 522, passed 2-23-2010) Penalty, see § 151.999

§ 151.068 (I-2) HEAVY INDUSTRY DISTRICT.

(A) Statement of intent. This district is intended to preserve areas for industrial uses, such

as manufacturing, which by their nature are most appropriately located as neighbors of other

industrial uses.

(B) Permitted uses. The following uses are allowed with a duly authorized permit from the

Zoning Administrator:

(1) Any uses listed in an I-1 District;

(2) Heavy equipment contractors that require outside storage of equipment and

construction materials;

(3) Manufacturing and similar type of industrial operations consistent with the

purposes of this district that has no adverse environmental impacts, e.g. noise, odor, and the like;

(4) Grain elevators, feed mixing plants, and other agricultural manufacturing plants;

and

(5) Accessory uses clearly incidental to the principle use.

conditional use permit by the City Council following the procedures outlined in §§ 151.240 of

this chapter.

(1) Wrecking and salvage yards when completely enclosed within a solid fence;

(2) Manufacturing of cement, cement products, and concrete;

(3) Stockpiling of sand, gravel, or fill dirt;

(4) Manufacture or distillation of grain, wood, or vegetable matter;

(5) Any industrial use not specifically listed as a permitted use in this district, and

which by its nature has a minimum impact of noise, dirt, soot, offensive odors or unsanitary

conditions which could be observed from beyond the specific industrial districts; and

(6) Day care facilities.

Yard Requirements for I-2 District

All Uses

Lot area minimum

1 acre

Lot width minimum feet

150 feet

Maximum lot coverage

85%

Front yard minimum

35 feet

Side yard minimum

15 feet

Rear yard minimum/alley

30 feet/0 feet

(7) Renewable energy systems (roof mounted active solar system or wind energy

facilities) provided they will not cast shadows and obstruct solar access or cause wind deflection

to a contiguous property. These apparatuses must also meet all other required zoning and

Universal Building Code regulations including setback and height requirements, be in

compliance with all state and federal regulations, and meet the requirements of the Park Rapids

Municipal Airport Zoning Ordinance.

(Prior Code, § 66-64) (Am. Ord. 437, passed 6-28-2005; Am. Ord. 491, passed 5-22-2007; Am.

Ord. 522, passed 2-23-2010) Penalty, see § 151.999

Zoning 58A

§ 151.069 (S-O) SHORELAND OVERLAY DISTRICT.

(A) Generally. The regulations contained in this Overlay District are intended to guide and

govern the wise development of shoreland of public waters, thus preserving and enhancing the

quality of surface waters, preserving the economic and natural environmental values of

shorelands, and providing for the wise utilization of water and related land resources in the city.

(B) Lot area requirements.

Lot Area Requirements

Unsewered Natural Environment Lakes

Riparian Lots

Nonriparian Lots

Single

80,000 square feet

Duplex

120,000 square feet

160,000 square feet

Triplex

160,000 square feet

240,000 square feet

Quad

200,000 square feet

320,000 square feet

Sewered Natural Environment Lakes

Riparian Lots

Nonriparian Lots

Single

40,000 square feet

20,000 square feet

Duplex

70,000 square feet

35,000 square feet

Triplex

100,000 square feet

52,000 square feet

Quad

130,000 square feet

65,000 square feet

Unsewered Recreational Development Lakes

Riparian Lots

Nonriparian Lots

Single

40,000 square feet

Duplex

80,000 square feet

Triplex

120,000 square feet

Quad

160,000 square feet

Sewered Recreational Development Lakes

Riparian Lots

Nonriparian Lots

Single

20,000 square feet

15,000 square feet

Duplex

35,000 square feet

26,000 square feet

Triplex

50,000 square feet

38,000 square feet

Quad

65,000 square feet

49,000 square feet

Lot Width Requirements

Unsewered Natural Environment Lakes

Sewered Natural Environment Lakes

Residential Use

Riparian Lots

Nonriparian Lots

Riparian Lots

Nonriparian Lots

Single

200 feet

125 feet

Duplex

300 feet

400 feet

225 feet

220 feet

Triplex

400 feet

600 feet

325 feet

315 feet

Quad

500 feet

800 feet

425 feet

410 feet

Special Lot Width Requirements for Shoreland Areas of Tributaries

Residential Use

Unsewered Lots

Sewered Lots

Single

100 feet

75 feet*

Duplex

150 feet

115 feet

Triplex

200 feet

150 feet

Quad

250 feet

190 feet

*Lot widths may be more restrictive in the underlying zoning district. The strictest

standard shall apply.

Unsewered Recreational Development Lakes

Sewered Recreational Development Lakes

Residential Use

Riparian Lot

Nonriparian Lots

Riparian Lots

Nonriparian Lots

Single

150 feet

75 feet*

Duplex

225 feet

265 feet

135 feet

Triplex

300 feet

375 feet

195 feet

190 feet

Quad

375 feet

490 feet

255 feet

245 feet

*Lot widths may be more restrictive in the underlying zoning district. The strictest standard shall apply.

(D) Setback provisions.

Structure and other setbacks:*

Structures from

Class of Treatment

Public Water

Ordinary High

Water Level

Top

Bluff

Unplatted

Cemetery

Side Lot Line Federal,

State or

County

Road

Other

Road

Sewage

System

(fromOHWY)

Unsewered Sewered Unsewered Sewered R.O.W. R.O.W.

Lakes

Natural

Environment

150 feet 150

feet

50 feet 12 feet 10 feet 50 feet 30 feet 150 feet

Recreational

Development

100 feet 75 feet 30

feet

50 feet 10 feet 10 feet 50 feet 30 feet 75 feet

Rivers:

Tributaries 100 feet 50 feet 30

feet

50 feet 20 feet 10 feet 50 feet 30 feet 75 feet

*Structure setbacks from lot lines for non-riparian lots shall be equal to the existing setback requirement in the

corresponding zoning district that the lot is located in.

(1) Averaging setbacks. In shoreland areas, the structure setback from the ordinary

high water level may be modified to equal the average of the principal structure setback on lots

immediately adjacent to the parcel in question provided that no structure setback shall be

established at less than 50 feet from the ordinary high water level and no structure shall be

allowed within a shore or bluff impact zone.

(2) Height of structures. No buildings shall exceed 25 feet in height in shoreland

areas.

(3) Ground coverage percentage. The maximum ground coverage percentage shall be

25% of a lot in all shoreland areas and includes paving, cement, and all other impermeable

surfaces.

(4) Distance between buildings.

(a) No more than 1 principal building may be located on 1 lot in a residential

district.

(b) In other districts, each principal building shall be a minimum of 12 feet from

any other principal building on the lot.

(5) Uses without water-oriented needs. Non-residential uses without water-oriented

needs shall locate on lots without public water frontage or, if located on lots with public water

frontage, shall be either set back double the ordinary high water level setback or be substantially

screened from view from the water by vegetation or topography assuming summer leaf-on

conditions.

(6) Guest cottages in shoreland areas. In shoreland areas, 1 guest cottage is allowed

on lots meeting or exceeding the duplex lot area and width standards prescribed in divisions (B)

and (C) of this section, provided the following minimum standards are met:

(a) A guest cottage may only be allowed as an accessory structure to a conforming

single-family dwelling;

(b) For lots exceeding the minimum lot dimensions of duplex lots, the guest

cottage shall be located within the smallest duplex-sized lot that could be created including the

principal unit;

must not exceed 15 feet in height; and

(d) A guest cottage must be located and designed to reduce its visibility as viewed

from public waters and adjacent shorelands by vegetation, topography, increased setbacks or

color, assuming summer leaf-on conditions.

(E) Design criteria for structures in shoreland areas. In shoreland areas, all structures must

be placed, and all lots developed, in accordance with the following design criteria:

(1) Structures. Structures must be placed in accordance with any floodplain

regulations applicable to the site. Where these controls do not exist, the elevation to which the

lowest floor, including basement, is placed or flood-proofed must be determined as follows.

(a) For lakes, by placing the lowest floor at least 3 feet above the highest known

water level, or 3 feet above the ordinary high water level, whichever is higher;

(b) For rivers and tributaries, by placing the lowest floor at least 3 feet above the

flood of record, if data are available. If data are not available, by placing the lowest floor at east

3 feet above the ordinary high water level, or by conducting a technical evaluation to determine

the effects of proposed construction upon flood stages and flood flows and to establish a flood

protection elevation. Under all 3 approaches, technical evaluations must be done by a qualified

engineer or hydrologist consistent with Statewide Floodplain Management Rules parts

6120.5000 to 6120.6200. If more than 1 approach is used, the highest flood protection elevation

determined shall be used for placing structures and other facilities.

(2) Stairways, lifts and landings. Stairways and lifts are the preferred alternative to

major topographic alterations for achieving access up and down bluffs and steep slopes to shore

areas. Stairways, lifts, and landings must meet the following design requirements:

(a) Stairways and lifts must not exceed 4 feet in width on residential lots. Wider

stairways may be used for commercial properties, public open-space recreational properties, and

Planned Unit Developments if specifically authorized in a conditional use permit;

(b) Landings for stairways and lifts on residential lots must not exceed 32 square

feet in area. Landings larger than 32 square feet may be allowed for commercial properties,

public open-space recreational properties, and Planned Unit Developments if specifically

authorized in a conditional use permit;

(d) Stairways, lifts, or landings may be either constructed above the ground on

posts or pilings, or placed into the ground provided they are designed and built in a manner that

ensures control of soil erosion;

(e) Stairways, lifts, or landings must be located in the most visually inconspicuous

portions of lots, as viewed from the surface of the public waters assuming summer, leaf-on

conditions, whenever practical; and

(f) Facilities such as ramps, lifts or mobility paths for physically handicapped

persons are also allowed as a conditional use (variance) for achieving access to shore areas,

provided that the dimensional and performance standards of ADAG, Americans with Disabilities

Act Guidelines, are complied with.

(3) Accessory structures and facilities. All accessory structures and facilities must

meet or exceed structure setback standards.

(4) Bluff impact zones. Structures or facilities, except stairways and landings, must not

be placed within bluff impact zones.

(5) Significant historic sites in shoreland areas. No structure may be placed on a

significant historic site in a shoreland area in a manner that affects the value of the site unless

adequate information about the site has been removed and deposited in a public repository.

(6) Steep slopes in shoreland areas.

(a) The Zoning Administrator shall evaluate possible soil erosion impacts and

development visibility from public waters before issuing a permit for the construction of sewage

treatment systems, roads, driveways, structures or other improvements on steep slopes.

64 Park Rapids - Land Usage

(b) When determined necessary, conditions must be attached to issue permits to

prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other

facilities as viewed from the surface of public waters, assuming summer leaf-on conditions.

(7) Subdivisions of duplexes, triplexes, and quads on natural environment lakes.

Subdivisions of duplexes, triplexes, and quads on natural environment lakes must also meet the

following standards:

(a) Each building must be set back at least 200 feet from the ordinary high water

level;

(b) Each building must have common sewage treatment and water systems in 1

location and serve all dwelling units in the building;

serve all dwelling units in the building; and

(d) No more than 25% of a lake’s shoreline may be in duplex, triplex, or quad

developments.

(8) See §§ 151.100 et seq. for non-conformities and substandard lots of record in a

shoreland district.

(Prior Code, § 66-66) (Ord. passed 1994; Am. Ord. 375, passed 11-26-2002; Am. Ord. 491,

passed 5-22-2007) Penalty, see § 151.999

GENERAL SHORELAND REQUIREMENTS

§ 151.080 VEGETATIVE ALTERATIONS.

Removal or alteration of vegetation, except for agricultural and forest management uses as

regulated by §§ 151.085 and 151.086 of this chapter, is allowed subject to the following

standards.

(A) Intensive vegetative clearing within the shore and bluff impact zones and on steep

slopes is not allowed. Intensive vegetative clearing for forest land conversion to another use

outside of these areas is allowed as a conditional use provided an erosion control and

sedimentation plan is developed and approved by the Hubbard Soil and Water Conservation

District;

(B) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs

and cutting and pruning, and trimming of trees is allowed to provide a view to the water from the

principal dwelling site and to accommodate the placement of stairways, lifts and landings, picnic

areas, access paths, livestock watering areas, and beach and watercraft access areas, provided

that:

(1) The screening of structures, vehicles, or other facilities as viewed from the water,

assuming summer, leaf-on conditions, is not substantially reduced;

(2) Along rivers, existing shading of water surfaces is preserved; and

(3) The above provisions are not applicable to the removal of trees, limbs, or branches

that are dead, diseased, or pose safety hazards.

systems and the construction of roads and parking areas regulated by § 151.082 of the chapter

are exempt from the vegetative alteration standards prescribed in the section.

(Prior Code, § 66-71) (Ord. passed 1994) Penalty, see § 151.999

§ 151.081 TOPOGRAPHIC ALTERATIONS/GRADING AND FILLING.

Topographic alterations, including grading or filling, shall not be allowed without a use

permit from the Zoning Administrator, with the following exceptions.

(A) The cumulative movement of less than 10 cubic yards of material on steep slopes or

within shore or bluff impact zones may be undertaken without a permit.

(B) The cumulative movement of less than 50 cubic yards of material outside of steep

slopes and shore and bluff impact zones may be undertaken without a permit.

treatment systems, and driveways under validly issued construction permits for these facilities do

not require the issuance of a separate grading and filling permit. However, the grading and

filling standards prescribed in this section must be incorporated into the issuance of permits for

the construction of structures, sewage treatment systems, and driveways.

(D) Public roads and parking areas must meet the requirements prescribed in § 151.082 of

this chapter.

(E) The following considerations and conditions must be adhered to for the issuance of

construction permits, grading and filling permits, conditional use permits, variances, and

subdivision approvals:

(1) Grading and filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to

determine how extensively the proposed activity would affect the functional qualities of the

wetland, including: sediment and pollutant trapping and retention; storage of surface runoff to

prevent or reduce flood damage; fish and wildlife habitat; recreational use; shoreline or bank

stabilization; and note worthiness, including special qualities such as historic significance, and

critical habitat for endangered plants and animals. This evaluation must also include a

determination of whether the wetland alteration being proposed requires permits, reviews, or

approvals by other local, state or federal agencies such as a watershed district, the Minnesota

Department of Natural Resources, or the United States Army Corps of Engineers. The applicant

will be so advised by the Zoning Administrator;

(2) Alterations must be conducted in a manner that ensures that only the smallest

amount of bare ground is exposed for the shortest time possible;

(3) Mulches or similar materials must be used, where necessary, for temporary bare

soil coverage, and a permanent vegetative cover must be established as soon as possible;

(4) Methods to minimize soil erosion and to trap sediments before they reach any

surface water feature must be used;

(5) Altered areas must be stabilized to acceptable erosion control standards consistent

with the field office technical guides of the Hubbard Soil and Water Conservation District and

the United States Soil Conservation Service;

(6) Fill or excavated material must not be placed in a manner that creates an unstable

slope;

(7) Plans to place fill or excavated material on steep slopes must be reviewed by

qualified professionals for continued slope stability and must not create finished slopes of 30%

or greater;

(8) Fill or excavated material must not be placed in bluff impact zones;

(9) Any alterations below the ordinary high water level of public waters must first be

authorized by the Commissioner of Natural Resources under M.S. Chapter 103 G, as it may be

amended from time to time;

(10) Alterations of topography must only be allowed if they are accessory to permitted

or conditional uses and do not adversely affect adjacent or nearby properties; and

(11) Placement of natural rock riprap, including associated grading of the shoreline and

placement of a filter blanket, is permitted if the finished slope does not exceed 3 feet horizontal

to 1 foot vertical, the landward extent of the riprap is within 10 feet of the ordinary high water

level does not exceed 3 feet.

(F) Excavating where the intended purpose is connection to public water, such as boat slips,

canals, lagoons, and harbors, requires a conditional use permit from the Park Rapids City

Council. The conditional use permit shall only be granted after the Commissioner of Natural

Resources has approved the proposed connection to public waters.

(Prior Code, § 66-72) (Ord. passed 1994) Penalty, see § 151.999

§ 151.082 PLACEMENT AND DESIGN OF ROADS, DRIVEWAYS, RECREATIONAL

TRAILS AND PARKING AREAS.

(A) Public and private roads, recreational trails and parking areas must be designed to take

advantage of natural vegetation and topography to achieve maximum screening from view from

public waters. Documentation must be provided by a qualified individual that all roads and

parking areas are designed and constructed to minimize and control erosion to public waters

consistent with the technical guides of the Hubbard Soil and Water Conservation District, or

other technical materials.

(B) Roads, driveways, recreational trails and parking areas must meet structure setbacks and

must not be placed within bluff and shore impact zones when other reasonable and feasible

placement alternatives exist. If no alternatives exist, they may be placed within these areas, but

must be designed to minimize adverse impacts.

areas may be placed within shore impact zones provided that the vegetative screening and

erosion control conditions of this section are met. For private facilities, the grading and filling

provisions prescribed in § 151.081 (D) of this chapter must be met.

(Prior Code, § 66-73) (Ord. passed 1994) Penalty, see § 151.999

§ 151.083 STORMWATER MANAGEMENT STANDARDS.

(A) When possible, existing natural drainageways, wetlands, and vegetated soil surfaces

must be used to convey, store, filter, and retain stormwater runoff before discharge to public

waters.

(B) (1) Development must be planned and conducted in a manner that will minimize the

extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff

volumes.

(2) Disturbed areas must be stabilized and protected as soon as possible and facilities

or methods used to retain sediment on the site.

conditions are not sufficient to adequately handle stormwater runoff using natural features and

vegetation, various types of constructed facilities such as diversions, settling basins, skimming

devices, dikes, waterways and ponds may be used.

(2) Preference must be given to designs using surface drainage, vegetation, and

infiltration rather than buried pipes and manmade materials and facilities.

(D) When constructed facilities are used for stormwater management, documentation must

be provided by a qualified individual that they are designed and installed consistent with the field

office technical guide of the Hubbard Soil and Water Conservation District.

68 Park Rapids - Land Usage

(E) Newly constructed stormwater outfalls to public water must provide for filtering or

settling of suspended solids and skimming of surface debris before discharge.

(F) Impervious surface coverage of lots must not exceed 25% of the lot area.

(Prior Code, § 66-74) (Ord. passed 1994) Penalty, see § 151.999

§ 151.084 SPECIAL PROVISIONS FOR COMMERCIAL, INDUSTRIAL, PUBLIC AND

SEMI-PUBLIC USES.

(A) Surface water-oriented commercial uses and industrial, public, or semipublic uses with

similar needs to have access to and use of public waters may be located on parcels or lots with

frontage on public waters. Those uses with water-oriented needs must meet the following

standards:

(1) In addition to meeting impervious coverage limits, setbacks, and other dimensional

provisions of this chapter, the uses must be designed to incorporate topographic and vegetative

screening of parking areas and structures;

(2) Uses that require short-term watercraft mooring for patrons must centralize these

facilities and design them to avoid obstructions of navigation and to be the minimum size

necessary to meet the need; and

(3) Uses that depend on patrons arriving by watercraft may use signs and lighting to

convey needed information to the public, subject to the following general standards:

(a) No advertising signs or supporting facilities for signs may be placed in or upon

public waters. Signs conveying information or safety messages may be placed in or on public

waters by a public authority or under a permit issued by the Hubbard County Sheriff;

(b) Signs may be placed, when necessary, within the shore impact zone. The signs

must not be located higher than 10 feet above the ground, and must not exceed 32 square feet in

size. If illuminated by artificial lighting, the lights shall be shielded or directed to prevent

illumination out across public waters; and

public waters if it is used primarily to illuminate potential safety hazards and is shielded or

otherwise directed to prevent direct illumination out across public waters. This section does not

preclude the use of navigational lighting.

(B) Uses without water-oriented needs must be located on lots or parcels without public

water frontage, or, if located on lots with public water frontage, must either be set back double

the normal setback from the ordinary high water level or be substantially screened from view

from the water by vegetation or topography, assuming summer, leaf-on conditions.

(Prior Code, § 66-75) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see §

151.999

§ 151.085 SPECIAL PROVISIONS FOR AGRICULTURAL USES.

(A) General cultivation farming, grazing, nurseries, horticulture, truck farming, sod

farming, and wild crop harvesting are permitted uses if steep slopes and bluff impact zones are

maintained in permanent vegetation or operated under an approved conservation plan consistent

with the field office technical guides of the Hubbard Soil and Water Conservation District or the

United States Soil Conservation Service. The shore impact zone for parcels with permitted

agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level,

or half of the structure setback from the ordinary high water level within the particular

management district, whichever is greater.

(B) Animal feedlots must meet the following standards:

(1) New feedlots must not be located in the shoreland of watercourses or in bluff

impact zones and must meet a minimum setback of 300 feet from the ordinary high water level

of all public water basins;

(2) Modifications or expansions to existing feedlots that are located within 300 feet

from the ordinary high water level or within a bluff impact zone are allowed if they do not

further encroach into the existing ordinary high water level setback or encroach on bluff impact

zones; and

(3) Feedlots must comply with Minnesota Pollution Control Agency Rules Chapter

7020, as it may be amended from time to time.

provisions of Agricultural and Water Quality, Best Management Practices for Minnesota, a copy

of which is on file at city hall, Park Rapids, Minnesota.

(Prior Code, § 66-76) (Ord. passed 1994) Penalty, see § 151.999

§ 151.086 SPECIAL PROVISIONS FOR FOREST MANAGEMENT.

The harvesting of timber and associated reforestation must be conducted consistent with the

provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions

of Water Quality in Forest Management Best Management Practices in Minnesota, a copy of

which is on file at city hall, Park Rapids, Minnesota.

(Prior Code, § 66-77) (Ord. passed 1994) Penalty, see § 151.999

§ 151.087 SPECIAL PROVISIONS FOR EXTRACTIVE USES.

(A) An extractive use site development and restoration plan must be developed, approved,

and followed over the course of operation of the site. The plan must address dust, noise, possible

pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic

alterations. The plan must also identify actions to be taken during operation to mitigate adverse

environmental impacts, particularly erosion, and must clearly explain how the site will be

rehabilitated after extractive activities end.

(B) Processing machinery must be located consistent with setback standards for structures

from the ordinary high water level of public water and from bluffs.

amended from time to time, shall be a permitted use provided the provisions of the specified

sections of state statutes are satisfied.

(Prior Code, § 66-78) (Ord. passed 1994) Penalty, see § 151.999

NON-CONFORMITIES AND SUBSTANDARD LOTS OF RECORD

§ 151.100 STATEMENT OF INTENT.

(A) All legally established non-conformities existing as of the date of enactment of this

chapter may continue provided that they are managed in accordance with applicable state statutes

and the following standards.

(B) It is the intent of this subchapter to regulate non-conforming uses of structures and lots

and to provide for their gradual elimination.

(Prior Code, § 66-101) (Ord. passed 2001)

§ 151.101 NON-CONFORMING USES.

(A) Any use lawfully existing upon the effective date of this subchapter may be continued at

the size and in a manner of operation existing upon such date except as hereinafter specified.

(B) If such nonconforming use ceases for a continuous period of 1 year, any subsequent use

of the building shall be in conformity to the use regulations specified by this subchapter for the

district in which such building is located.

reconstructed to its former use and physical dimensions if damaged 50% or more of the current

market value by fire, wind, earthquake, explosion, or any other casualty, according to the

estimate of the Building Inspector and approved by the Planning Commission (estimates shall be

based on current market value and replacement costs); and no building permit has been applied

for within 180 days of when the property is damaged.

(D) Non-conforming uses shall not be expanded, changed, enlarged, or altered in a way

which increases its nonconformity.

(E) Normal maintenance of a building or other structure containing or related to a lawful

nonconforming use is permitted, including necessary non-structural repairs and incidental

alterations which do not extend or intensify the nonconforming use.

(F) Nonconforming use shall not be moved to any other part of the parcel of land upon

which the same was conducted on the effective date of this subchapter.

(Prior Code, § 66-102) (Ord. passed 2001; Am. Ord. 376, passed 1-14-2003; Am. Ord. 454,

passed 2-28-2006) Penalty, see § 151.999

§ 151.102 NON-CONFORMING STRUCTURES.

(A) Any structure lawfully existing upon the effective date of Ord. 454 may be continued at

the size and in a manner of operation upon such date except as hereinafter specified.

(B) An addition or alteration to the outside dimensions of a non-conforming principal

structure shall be allowed by building permit provided that:

(1) The principal structure is connected to city sewer pursuant to § 151.130;

(2) All other provisions (dimensional requirements, etc.) of this section are complied

with; and

(3) Any addition or alteration to the outside dimensions of a non-conforming structure

that cannon meet these provisions must be authorized by a variance pursuant to § 151.245.

and yard setback may be allowed provided the expansion does not increase the non-conformance

or create a new non-conformance.

(D) No additions shall be allowed to non-conforming accessory structures.

(Prior Code, § 66-105) (Ord. passed 1994; Am. Ord. 454, passed 2-28-2006) Penalty, see §

151.999

§ 151.103 SUBSTANDARD LOTS OF RECORD.

(A) All lots of record existing as of the effective date of this chapter, with the exception of

lots located in shoreland areas, may be used for the erection of a structure without meeting the

minimum lot area and lot width requirements provided that all other requirements of this chapter

are complied with.

(B) (1) All lots of record in shoreland areas existing as of the effective date of this chapter,

that do not meet the minimum lot area and lot width requirements, may be allowed as building

sites without a variance from lot size requirements provided that:

(a) The use is permitted in the zoning district;

(b) The lot has been in separate ownership from abutting lands at all times since it

became substandard;

(d) The sewage treatment and setback requirements of this chapter are met.

(2) However, a variance from setback requirements must be obtained before any use,

sewage treatment system, or building permit is issued for a shoreland lot that does not meet

setback requirements. In evaluating the variance request, the Board of Adjustment shall consider

sewage treatment and water supply capabilities or constraints of the lot, and shall deny the

variance if adequate facilities cannot be provided.

(3) If, in a group of 2 or more contiguous shoreland lots under the same ownership, any

individual lot does not meet the minimum lot width or lot area requirements specified in this

chapter, the lot shall not be considered as a separate parcel of land for the purposes of sale or

development. The substandard lots of record in shoreland areas must be combined with 1 or

more contiguous shoreland lots so that they equal 1 or more parcels of land, each meeting the

requirements of lot area or lot width to the extent possible.

(Prior Code, § 66-106) (Ord. passed 1994) Penalty, see § 151.999

§ 151.104 NON-CONFORMING SEWAGE TREATMENT SYSTEMS.

(A) A sewage treatment system that does not meet the requirements specified in §§ 151.130

et seq. of this chapter must be upgraded by 7-1-1997, any time that a variance or permit of any

type is required for any improvement on, or use of, the property. If in the interim, city services

are made available within 200 feet of the resident’s structure, the resident shall connect to the

city sewer service. For the purposes of this provision, a sewage treatment system shall not be

considered non-conforming if the only deficiency is the setback of the sewage treatment system

from the ordinary high water level.

(B) Before a permit may be issued, the Zoning Administrator shall cause the inspection or

inspections which are necessary to determine if the sewage treatment system is in conformance

with the above stated Minnesota Pollution Control Agency’s Chapter 7080, as it may be

amended from time to time.

of its program to identify non-conforming sewage treatment systems.

(2) The City of Park Rapids requires upgrading or replacement of any non-conforming

system identified through this program within 3 years of identification by the Zoning

Administrator or Planning Commission.

(3) Sewage treatment systems installed according to the applicable shoreland

management regulations adopted under M.S. Chapter 103F, as it may be amended from time to

time, in effect at the time of the installation, shall be considered as conforming, unless they are

determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other

deep disposal methods, or systems with less soil treatment area separation above groundwater

than required by the Minnesota Pollution Control Agency’s Chapter 7080, as it may be amended

from time to time, for design of on-site sewage treatment systems shall be considered non-

conforming.

(Prior Code, § 66-107) (Ord. passed 1994) Penalty, see § 151.999

ACCESSORY USES AND STRUCTURES

§ 151.115 ACCESSORY USES AND STRUCTURES.

(A) In residential districts, the maximum size of an accessory building shall be based on a

lot-building area density ratio. For every 10 square feet of lot area, 1 square foot of building area

is allowed.

(B) Private garages on residential properties are intended for the storage of private

passenger vehicles of the family resident upon the premises; in which no business, service or

industry is carried on. An exception is made for home occupations that meet the requirements of

§ 151.146.

without a conditional use permit.

(D) All accessory buildings attached to the principal building on a lot, shall be made

structurally a part thereof and shall comply in all respects with the requirements of this chapter

applicable to the principal building.

(E) All detached accessory buildings shall be located in the side or rear yards, and shall

comply with all of the requirements applicable to the accessory structure in a residential district.

(F) (1) In business and industrial districts, accessory buildings and uses may occupy any of

the ground area which the principal building is permitted to occupy.

(2) Accessory buildings such as buildings for parking attendants, gate houses and

transformer buildings, may be located in the front or side yard in District I-1 and B-1.

(3) Parking of automobiles and other motor vehicles is permitted in the front and side

yards in District I-1 and B-1 provided a greenbelt 8 feet in width is provided.

(G) No additions shall be allowed to nonconforming accessory structures

(Prior Code, § 66-121) (Ord. passed 1994; Am. Ord. 454, passed 2-28-2006; Am. Ord. 491,

passed 5-22-2007) Penalty, see § 151.999

SANITATION STANDARDS

§ 151.130 SEWAGE TREATMENT STANDARDS.

Any premises used for human occupancy must be provided with an adequate method of

sewage treatment, as follows:

(A) The City of Park Rapids municipal sewer system must be used where available within

200 feet of a structure.

(B) All private sewage treatment systems must meet or exceed Minnesota Pollution Control

Agency’s standards for individual sewage treatment contained in the document titled, Individual

Sewage Treatment System Standards, Chapter 7080, which is hereby adopted by reference and

declared to be a part of this chapter. A copy of this document is on file at the Park Rapids city

hall.

in accordance with the minimum standards specified in § 151.104 of this chapter.

(D) Non-conforming sewage treatment systems shall be regulated and upgraded in

accordance with § 151.104 of this chapter.

(E) Sewage treatment systems shall not be permitted in shoreland areas where any of the

following conditions are present:

(1) Low, swampy areas, or areas subject to recurrent flooding;

(2) Areas where the highest known groundwater table is within 3 feet from the bottom

of the sewage treatment system at any time; or

(3) Areas of exposed bedrock or shallow bedrock within 3 feet of the bottom of a

sewage treatment system or any other geological formation which prohibits percolation of the

effluent.

(F) In the creation of new lots where individual sewage treatment systems may be installed,

documentation shall be provided that there is adequate space for both primary and alternate

individual sewage treatment system.

(Prior Code, § 66-131) (Ord. passed 1994; Am. Ord. 375, passed 11-26-2002; Am. Ord. 491,

passed 5-22-2007) Penalty, see § 151.999

§ 151.131 SEWAGE TREATMENT PERMIT REQUIREMENTS.

(A) No person, firm or corporation shall install, alter, repair, or extend any individual

sewage treatment system without first obtaining a permit therefore from the Park Rapids

Planning and Zoning Office for the specific installation, alteration, repair or extension to be

performed.

(B) If the installation, construction, or modification is performed by a sewage treatment

installer, the installer shall be responsible for obtaining a permit.

(1) Applications for permits shall be made in writing upon forms provided by the

Planning and Zoning Office, and shall be signed by the applicant.

(2) Each application for a sewage treatment system shall include:

(a) A correct legal description of the property on which the proposed installation,

alteration, repair or extension will occur;

(b) A plan of the site of reasonable scale and accuracy showing the location of any

proposed and existing buildings, water supply, property lines, underground and overhead utility

lines, and an arrow indicating the direction of north;

design of all parts of the system to be installed, altered, repaired, or extended;

(d) The name of the person, firm, or corporation which will install the system; and

(e) Any other pertinent information as requested by the independent Sewage

Treatment System Inspector.

(Prior Code, § 66-132) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see §

151.999

§ 151.132 REVISION TO AN APPROVED PLAN.

In the event that necessity requires a modification to an approved plan, the installer shall,

before commencing or resuming construction of the system, contact the Plumbing Inspector and

submit to the City of Park Rapids a revised plan including the proposed modification.

(Prior Code, § 66-133) (Ord. passed 1994) Penalty, see § 151.999

§ 151.133 SEWAGE TREATMENT SYSTEM INSPECTION.

(A) (1) The ISTS shall cause the inspection or inspections which are necessary to

determine compliance with this chapter.

(2) No part of the system shall be covered until it has been inspected and approved.

(3) It shall be the responsibility of the installer to notify the City of Park Rapids

whether the installation, modification, or construction of the sewage treatment system is ready

for inspection, and it shall be the duty of the ISTS Inspector to make inspection within 3 regular

working days, excluding Saturday, Sunday, and all holidays, after notice has been given.

(4) The owner or occupant of the property shall give the ISTS Inspector or his or her

designated inspector access to the property at reasonable times for the purpose of making the

inspections.

(5) If the system is backfilled before a final inspection is made, the system shall be

unearthed for final inspection.

(B) The Zoning Administrator may assign the responsibilities for the administration of these

provisions to a qualified inspector.

(Prior Code, § 66-134) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see §

151.999

§ 151.134 WATER SUPPLY STANDARDS.

(A) The City of Park Rapids municipal water system must be used where available and

within 200 feet of a structure.

(B) All public or private supplies of water for domestic purposes must meet or exceed the

standards for water quality of the Minnesota Department of Health.

the Water Well Construction Code of the Minnesota Department of Health.

(Prior Code, § 66-135) (Ord. passed 1994) Penalty, see § 151.999

PERFORMANCE STANDARDS

§ 151.145 DETERMINATION OF CONFORMITY.

(A) (1) The performance standards established in this subchapter are designed to encourage

a high standard of development by providing assurance that neighboring land uses will be

compatible.

(2) These standards are also designed to prevent and eliminate those conditions that

cause blight.

(B) (1) Before any building permit is issued, the Zoning Administrator shall determine

whether the proposed use will conform to the performance standards prescribed in this

subchapter.

(2) The applicant shall supply information necessary to demonstrate conformance.

(3) This information may include description of equipment to be used, hours of

operation, method of refuse disposal, type and location of exterior storage, or other reasonable

information as requested by the Zoning Administrator.

(Prior Code, § 66-146) (Ord. passed 1994)

§ 151.146 HOME OCCUPATIONS.

In any zoning district where home occupations are allowed, the uses must comply with the

following provisions.

(A) The home occupation shall not occupy an area in excess of 25% of the total ground

floor area of the principal or accessory structures.

(B) Substantial interior or exterior alteration of a dwelling unit to accommodate a home

occupation shall not be permitted.

noticeable from outside of the dwelling shall not be permitted.

(D) No sign shall be allowed with the exception of 1 non-illuminated name plate measuring

not more than 4 square feet in size.

(E) Home occupations shall be conducted by the permanent occupants of the dwelling in

which the use is located and not more than 1 additional person.

(F) Home occupations shall be carried on wholly within the principal or accessory

structure, there shall be no exterior storage of materials, and no exterior indication of the home

occupation or variation from the residential character of the structure.

(G) A conditional use permit issued by the City Council for a home occupation shall not

transfer with the change of ownership of the dwelling.

(Prior Code, § 66-147) (Ord. passed 1994) Penalty, see § 151.999

§ 151.147 STANDARDS FOR SINGLE-FAMILY DWELLINGS.

The following standards apply to all single-family dwelling units, unless specifically

exempted.

(A) All single-family dwellings shall have a minimum floor area of 800 square feet.

(B) All single-family dwelling units, except mobile homes in mobile home parks, shall be

attached to a permanent foundation with frost protection as per state building code.

a minimum width of 20 feet and meet current codes.

(Prior Code, § 66-148) (Ord. passed 1994) Penalty, see § 151.999

§ 151.148 TEMPORARY DWELLINGS.

No temporary dwelling may be erected or occupied on any parcel of land with the following

exceptions.

(A) Travel and motor home coaches may be occupied for a period of not more than 2 weeks

in 6 month period.

(B) Temporary residence in a basement or foundation structure while awaiting the

completion of the total structure may be allowed for a period not to exceed 12 months.

(Prior Code, § 66-149) (Ord. passed 1994) Penalty, see § 151.999

§ 151.149 EXTERIOR STORAGE.

(A) In all Residential Districts, all materials and equipment shall be stored within a building

or be fully screened so as not to be visible from adjoining properties, except for the following:

(1) Laundry and recreational equipment;

(2) Construction and landscaping materials currently being used on the premises;

(3) Agricultural equipment and materials if these are used or are intended for use on

the premises;

(4) Off-street parking of passenger automobiles and pick-up trucks if current license is

on the vehicle and is operative; and

(5) Boats and trailers, less than 20 feet in length, are permissible if stored in rear yard

more than 10 feet distance from property line.

(B) In other districts, no materials or equipment may be stored outside except those directly

related to the principal use or those being used for construction on the premises.

(Prior Code, § 66-150) (Ord. passed 1994) Penalty, see § 151.999

§ 151.150 MOVED IN STRUCTURES.

(A) Before any dwelling unit or other principal structure not constructed entirely of new

material is moved onto a parcel of land, every structure shall be brought into compliance with the

standards set forth for new construction in accordance with the Minnesota State Building Code

Standards and other Zoning Code requirements as applicable.

(B) This requirement shall apply to the moving of pre-existing buildings and is not meant to

apply to new buildings manufactured off-site and moved to a permanent site in sections or as

complete structures.

(Prior Code, § 66-151) (Ord. 437, passed 6-28-2005) Penalty, see § 151.999

§ 151.151 SCREENING AND/OR FENCING.

(A) Screening shall be required in a residential zone where:

(1) Any off-street parking area containing more than 6 parking spaces and is within 30

feet of an adjoining residential zone; and

(2) Where the driveway to a parking area of more than 6 parking spaces is within 15

feet of an adjoining residential zone.

(B) No fence or screening shall exceed 6 feet in height in residential areas, 8 feet in height

in industrial or commercial areas, or 4 feet in height in the front yard. All fences must maintain a

30 foot sight triangle along the right-of-way when placed on corner lots.

fence or dense vegetative cover at least 6 feet but not greater than 8 feet in height.

(D) All fences must be located entirely upon the private property of the person constructing

the fence and the property owner must leave enough setback to allow maintenance of both sides

of the fence.

(E) All posts or supports shall face inward toward the property being fenced. The good or

finished side shall face the neighboring property or the public right-of-way.

(F) All fences shall be made of durable, weather treated material, and kept in a condition so

as not to become a private or public nuisance.

(G) Above ground perimeter electrified and barbed wire fences are prohibited in residential

districts except those associated with a permitted agricultural use.

(H) Fences abutting an alley must leave enough setback as to not impede with snow

removal.

(Prior Code, § 66-152) (Am. Ord. 536, passed 3-27-2012) Penalty, see § 151.999

§ 151.152 MAINTENANCE.

(A) All structures shall be properly maintained in a clean and acceptable manner so as not to

constitute a menace to the public health, safety, convenience, general welfare, property values,

and aesthetics.

(B) All landscaping shall be properly maintained so as to preserve planting in a live state

and free of noxious weeds.

(Prior Code, § 66-153) (Ord. passed 1994) Penalty, see § 151.999

§ 151.153 TRAFFIC CONTROL.

(A) The traffic generated by any use shall be channelized and controlled in a manner that

will avoid congestion on the public streets, traffic hazards and excessive traffic through

residential areas, particularly truck traffic.

(B) Internal traffic shall be so regulated as to insure its safe and orderly flow.

with no backing onto streets.

(Prior Code, § 66-154) (Ord. passed 1994) Penalty, see § 151.999

§ 151.154 STORM WATER MANAGEMENT.

(A) No land shall be developed and no use shall be permitted that results in additional water

run-off, causing flooding, or erosion on adjacent properties.

(B) Site plans for new development of any kind, including any redevelopment that results in

additional impervious surface, shall provide on-site measures for storm water quantity control

and storm water quality management sufficient to reduce the impacts of the development by, at a

minimum, maintaining pre-development conditions. When applicable, a permit from the

Minnesota Pollution Control Agency shall be obtained and all appropriate runoff and treatment

requirements shall also apply.

(Prior Code, § 66-155) (Ord. passed 1994; Am. Ord. 548, passed 4-22-2014) Penalty, see §

151.999

§ 151.155 DRIVEWAYS.

(A) Residential lots shall be required to maintain at least a 3 foot side yard at driveways.

(B) Driveways in other districts must be located as to allow for orderly traffic flow and at

least 30 feet from any intersection.

(Prior Code, § 66-156) (Ord. passed 1994; Am. Ord. 548, passed 4-22-2014) Penalty, see §

151.999

§ 151.156 PARKING STANDARDS, TRAFFIC CONTROL, AND STORM WATER

MANAGEMENT.

(A) Minimum off-street parking stall requirements. In all zoning districts, with the

exception of the B-2 District, off-street parking facilities for employees and patrons of the

buildings or structures erected after the effective date of this chapter shall be provided as herein

provided.

(1) Residential uses including single family, multiple family, and other similar

residential uses. One and one-half (1.5) parking stall for each dwelling unit and 1 parking stall

for each efficiency unit.

(2) Hospitals, assisted care facilities, senior housing, state licensed residential

facilities and similar uses. One stall per employee on largest shift plus .5 stalls per dwelling unit

or patient bed.

(3) Hotels, motels, bed and breakfasts, resorts, campgrounds, and similar uses. One

stall per room or site for rent plus 1 stall per employee on largest shift. Additional auxiliary uses

(bars, restaurants, event facilities, retail, and the like) will be evaluated for additional parking

requirements and based on the parking requirements for those uses.

(4) Office, retail, clinics, minor repair shops, and similar uses. One parking stall per

250 square feet of floor area.

(5) Restaurant, bars, and entertainment uses. One parking stall per 150 square feet of

floor area.

(6) Schools, churches, theatres, funeral homes, and other similar institutional and

governmental uses. Parking stalls shall be provided in sufficient quantities to accommodate the

needs of each specific use without causing inconvenience to nearby properties, interfering with

the flow of traffic, or negatively impacting public safety.

(7) Outdoor recreational facilities. Parking stalls shall be provided in sufficient

quantities to accommodate the needs of each specific use without causing inconvenience to

nearby properties, interfering with the flow of traffic, or negatively impacting public safety.

(8) Open sales lots, outdoor storage, and warehouses. One parking stall per 2,000

square feet of floor or display area.

(9) Industrial uses, contractors yards, indoor storage facilities, wholesale and

manufacturing (non-retail). One parking stall per 500 square feet of floor area. Parking for

additional auxiliary uses (office space, open sales lots, warehousing, retail, and the like) shall be

provided in sufficient quantities to accommodate the needs of each specific use without causing

inconvenience to nearby properties, interfering with the flow of traffic, or negatively impacting

public safety.

(B) Exemptions and exceptions.

(1) Any existing non-conforming residential use that is converted into a conforming

permitted or conditional commercial use may exempt up to the first 5 required parking stalls of

this section, provided there is sufficient on-street parking adjacent to the property to meet the

needs of the specific use without causing inconvenience to nearby properties, interfering with the

flow of traffic, or negatively impacting public safety.

(2) Any commercial use in non-residential districts that are adjacent to streets that

allow on-street parking may factor the on-street parking spaces into their required stalls at a rate

of 1 space per 30' of street frontage.

Parking Lot Dimensions for Full Sized Cars

Angle (in degrees) Minimum Width of

Space at Curb

Minimum Length of

Space from Curb

Minimum Drive

Aisle Width (One-

Way)

Minimum Drive

Aisle Width (Two

Way)

12.6 feet

19.0 feet

13.6 feet

12.0 feet

11.0 feet

20.0 feet

18.6 feet

17.0 feet

9.0 feet

19.0 feet

23.0 feet

9.0 feet

19.0 feet

26.0 feet

25.0 feet

Parallel

23.0 feet

9.0 feet

22.0 feet

21.0 feet

(D) Design standards.

(1) In all residential districts, required parking spaces shall be located on the same

premises as the use that they serve. In other districts, they shall be located on the premises or

within 100 feet distance.

(2) Parking areas for 1 or 2-family dwellings shall be in the garage, in the rear or side

yards, or on the driveway leading to the garage only.

(3) Parking of automobiles and other motor vehicles is permitted in the front and side

yards in District I-1 and B-1 provided a greenbelt 8 foot in width is provided.

(4) Parking areas shall be used for automobile parking only, with no sales, dead

storage, repair work, dismantling, or servicing of any kind permitted.

(5) (a) All uses, excluding 1 and 2-family residences, where parking or access

facilities are located within 30 feet of a 1 or 2-family property line shall be required to

effectively screen their parking facility from the residential use pursuant to § 151.151, Screening

and/or Fencing.

(b) Before a building permit shall be issued, the Zoning Administrator shall

approve the screening proposal.

(6) Off-street parking areas on properties that are currently adjacent to Municipal

Storm Water Facilities (curb and gutter) or within an area outlined in the current Five-Year

Capital Improvement Plan to have Municipal Storm Water Facilities within the next 5 years shall

be improved with a paved impervious surface and afford adequate drainage and property on-site

storm water management. Gravel, crushed asphalt, or similar materials is not considered a paved

impervious surface.

(7) Off-street parking areas on properties that are not currently adjacent to Municipal

Storm Water Facilities (curb and gutter) or within an area outlined in the current Five Year

Capital Improvement Plan to have Municipal Storm Water Facilities within the next five years

may be improved with paved impervious, gravel, crushed asphalt, or similar materials and afford

adequate drainage and proper on-site storm water management. These parking areas must also

remain free of noxious weeds and dust.

(8) All sources of parking area lighting shall be fixed, directed, and designed so as to

not create a nuisance to any abutting residential properties.

(9) For bicycle parking, the total parking requirement is 1 space for each 25 off-street

parking spaces required. The bicycle parking spaces shall be equipped with bicycle racks.

(10) All newly constructed parking facilities must meet all ADA design requirements.

(Prior Code, § 66-157) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 548, passed 4-22-2014)

Penalty, see § 151.999

§ 151.157 SITE VIEW CLEARANCE.

No structure, vehicle, sign, fence, building or foliage shall obstruct the vision clearance of

street corners, curb cuts or railroad crossings or constitute a traffic hazard in any zone.

(Prior Code, § 66-158) Penalty, see § 151.999

§ 151.158 MOBILE HOME PARK STANDARDS.

In order that a mobile home park may be harmonious within itself and with the surrounding

area, the following performance standards are required.

(A) Inspection of mobile home parks. The Zoning Administrator, the Chief of Police, or

their duly authorized representative, shall have the power to inspect the register containing a

record of all residents of the mobile home park.

(B) Open space and area requirements.

(1) Area. The minimum total mobile home park shall be 10 acres.

(2) Open space.

(a) A minimum of 500 square feet per mobile home shall be provided in a

definable play area and/or open space.

(b) 1. Lot setbacks shall not be included in this space nor shall any areas of less

than 20 feet in length or width.

2. All areas not used for access, parking, circulation, buildings, and service

shall be completely landscaped and the entire area maintained in good condition, consistent with

the provisions of § 151.152.

(3) Setbacks.

Setback from property boundary lines

30 feet

Setback from public road/highway right-of-way

35 feet

Setback from front/park street right-of-way

20 feet

Side setback

10 feet

Rear setback

15 feet

(4) Lot size.

Minimum lot area

7,200 square feet

Minimum lot width

60 feet

Maximum ground coverage

30%

minimum of 24 feet in width and be paved or have Class IV gravel. When a mobile home park

reaches 75% occupancy, streets will be required to be paved with a bituminous or cement

surface. The right-of-way width will be a minimum of 40 feet. On-street parking will not be

allowed.

(D) Parking. A minimum and maximum of 2 off-street parking spaces will be provided on

each lot. These spaces will be clearly defined with a border and gravel or cement surface. A

parking compound must be provided by the developer to accommodate 1 parking space for every

2 mobile homes. All boats, campers, and trailers must be parked in this designated parking

compound.

(E) Screening. All mobile home parks located adjacent to residential, recreational,

commercial, or industrial land uses shall provide screening such as fences, shrubs, or trees along

the property boundary line separating the park and other uses and shall be maintained in a neat

and orderly manner. Screening shall be a minimum of 5 feet in height. Landscaping shall be

provided between the screen and the property boundary. A landscape plan is required as part of

the platting process for a mobile home park.

(F) Accessory buildings. One storage building of not more than 10 feet by 12 feet is

allowed per lot. A carport may also be allowed on mobile home lots. All accessory buildings

must meet setbacks. Storage and accessory buildings must be maintained and designed to

enhance the general appearance of the lot.

(G) Mobile home requirements. All mobile homes shall be skirted and shall be in

accordance with the decor of the mobile home and in good repair. Each home shall be parked

upon a jack or block approved by the city. Each mobile home shall be anchored to resist

damaging movement by wind or storm. Each mobile home base shall have a suitable hardstand

of durable material capable of supporting the vehicle wheels, stands or jacks. A minimum of 800

square feet shall be required for all single-family residential dwelling, including mobile homes.

(H) Miscellaneous requirements.

(1) Responsibilities of the park management.

(a) Park management shall notify park occupants of all applicable provisions of

this section and inform them of their duties and responsibilities under this section.

(b) 1. The park operator shall maintain a record of all mobile home owners and

occupants located within the park.

2. The register shall contain the following information:

a. The name and address of each mobile home occupant;

b. The name and address of the owner of each mobile home and

motor vehicle by which it is towed;

c. The make model, year and license number of each mobile home

and motor vehicle, the state, territory or country issuing the license; and

d. The date of arrival and departure of each mobile home.

3. The operator shall make this available to law enforcement officers, public

health officers, and other officials whose duty necessitates acquisition of the information in the

years of the registrant moving from the park.

(2) Use requirements. No part of any park shall be used for non-residential purposes,

except the uses that are required for the direct serving and well being of park residents and for

the management and maintenance of the park.

(3) Compliance. All mobile home parks shall comply with the State of Minnesota

Board of Health requirements for mobile home licensing. The platting requirements of mobile

home parks shall meet the subdivision standards as listed in §§ 151.205 et seq. unless otherwise

stated in this section.

(Prior Code, § 66-159) Penalty, see § 151.999

§ 151.159 SPECIAL PROVISIONS FOR INDUSTRIAL USES.

The following provisions apply to all wholesale businesses, commercial laundries, dry

cleaning plants, manufacturing facilities, and public utility buildings and yards, electrical

transformer stations, substations, and gas regulator yards:

(A) All uses not located in an industrial park shall be conducted wholly within a building

with a landscaped front yard and with all loading, unloading, and employee parking provided in

the side or rear yards; and

(B) Visitor parking may be provided in the front yard.

(Prior Code, § 66-160) (Ord. passed 1994) Penalty, see § 151.999

§ 151.160 PROFESSIONAL/PERSONAL SERVICE OFFICES.

Professional and personal service offices will be allowed in the R-3 District in existing

dwellings, provided the following provisions are met.

(A) Substantial exterior alteration of a dwelling unit to accommodate the office/service shall

not be permitted.

(B) Office and service activities which will create odor, noise, dust, electrical glare, or

vibrations noticeable from outside of the structure shall not be permitted.

no exterior storage of materials, and no variation from the residential character of the structure.

(D) Signs shall conform to all requirements prescribed in § 151.186

(E) One parking space per employee and 1 parking space for each office/service located in

the home shall be provided off-street. Parking area and building ground coverage shall not

exceed 50%.

(F) A conditional use permit issued by the City Council for a professional/personal service

office shall not transfer with the change of ownership of the dwelling.

(Prior Code, § 66-161) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see §

151.999

§ 151.161 GENERAL DEVELOPMENT PLAN AND SITE PLAN.

(A) All proposed developments shall conform with the provisions of this section with

respect to site plan, parking, and landscaping.

(B) General development plan shall be reviewed and approved by the Planning

Commission.

(1) Complete details of the proposed site development including, but not limited to,

identification signs, location of buildings, streets, driveways, parking spaces, dimensions of the

lot, lot area, and yard dimensions;

(2) Complete landscaping plans reflecting all information showing planting size and

type;

(3) Complete plans for proposed sidewalks or walkways and access driveways to

parking showing distance from street intersection and service areas;

(4) Complete plans for stormwater drainage systems sufficient to drain and dispose of

all surface water accumulations within the area of the site;

(5) Complete plans and specifications for exterior wall finishes proposed for all

principal and accessory buildings. Elevation drawings shall show proposed rooftop equipment

and any proposed screening; and

(6) Complete plans for screening of storage areas for waste and garbage.

(Prior Code, § 66-162) Penalty, see § 151.999

§ 151.162 EXCEPTIONS TO YARD REQUIREMENTS.

Every part of a yard shall be open and unobstructed by any building or structure, from its

lowest point upward, except as follows:

(A) Awnings, balconies, overhangs, fire escapes and eaves may project not more than 5 feet

over or half the distance of the required side yard, whichever is less;

(B) Walks, steps for negotiating ground slopes, retaining walls, hedges and natural growth,

fences, paved areas;

into any required front yard or required rear yard and not more than 3 feet into any required side

yard; and

(D) Chimneys and fireplaces may extend not more than 4 feet into a required yard or court.

(Prior Code, § 66-163) Penalty, see § 151.999

§ 151.163 SPECIAL PROVISIONS APPLICABLE TO SPECIFIC PERMITTED AND

CONDITIONAL USES.

(A) Water retention areas. Water retention areas or devises shall be required for any new

development projects creating new impervious surface of 1 acre or greater.

(B) Exemptions. The following activities are exempt from this section:

(1) Where the development project is a linear project, such as sidewalks, paths, or

trails, or is reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious

surfaces; or

(2) Where the plans for a project development site were approved by a local unit of

government by a permit or in a preliminary or final plat approval process prior to 11-1-2004.

(Prior Code, § 66-164) (Ord. 417, passed 11-29-2004) Penalty, see § 151.999

§ 151.164 LANDSCAPING.

(A) Statement of intent. The intent of this section is to improve the appearance of vehicular

use areas and property abutting public rights of way; to require buffering between non-

compatible land uses; to protect and preserve existing plant materials and promote aesthetic

appeal through green space, character and value of the surrounding neighborhoods; and to

promote public health and safety through the reduction of noise pollution, air pollution, visual

pollution, and glare.

(B) Compliance. No new site development, permanent building or structure construction,

remodeling involving change of the outside perimeter or vehicular use area modifications are

allowed, unless the provisions of this section are met for the property in its entirety.

(1) The landscaping standards shall require reduction of visual impacts associated with

given uses, including, but not limited to:

(a) Truck loading areas;

(b) Refuse containers;

(d) Large unadorned building massing;

(e) Garage doors associated with auto oriented uses;

(f) Vehicular stacking areas for drive-through uses; and

(g) Antennae and support structures.

(2) All undeveloped lots and parcels shall be mowed and kept free of accumulation of

garbage, trash, refuse, debris, and other unsightly or nuisance creating materials. All landscaping

shall be continually maintained by the owner or other person responsible for maintenance of the

premises, and all planting areas shall be kept free of weeds and debris.

(D) General landscaping and maintenance requirements.

(1) All planting material shall be of good quality, of species normally grown in

Minnesota and capable of withstanding the extremes of individual site microclimates. All

specifications for measurement, quality, and installation of trees and shrubs shall be in

accordance with the Urban Forestry Technical Manual.

(2) Landscaping and screening required by this section shall be interrupted only by

required access drives and sidewalks. All landscaping and screening required by this section

shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk

at points of access and as not to interfere with, or be damaged by, work within any public or

utility easement unless the City Planner shall determine that no other location is reasonably

feasible.

(E) Applicability. A landscaping plan, and the implementation and maintenance of the plan,

shall be required for all uses, except for R-1 (Single-Family Residential), and B-2 (General

Business) districts and municipal airport property.

(F) Landscape plans.

(1) Issuance of building permit. No building permit shall be issued until the required

landscaping plan has been submitted and approved, and no certificate of occupancy shall be

issued until the landscaping is completed as certified by an on-site inspection by a designated

city official.

(2) Part of certificate of occupancy. Wherever the submission and approval of a

landscape plan is required by this chapter, the landscape plan and its maintenance shall be part of

the certificate of occupancy.

(3) Extension for completion. The city may allow an extended period of time for

completion of all landscaping if the delay is due to conditions which are reasonably beyond the

control of the developer. Extensions may not exceed 9 months, and extensions may be granted

due to seasonal or weather conditions. When an extension is granted, the city shall require a

performance bond, certified check or cash escrow. This amount shall cover 100% of the

remaining site work to be completed.

(a) Content of landscape plan. All landscape plans submitted for approval shall

contain or have attached thereto the following information:

1. The location and dimensions of all existing and proposed structures, lot

lines, easements, parking lots and drives, roadways and right-of-ways, sidewalks, bicycle paths,

ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical

equipment, tot lots and other recreational facilities, and other features as determined necessary

by the City Planner;

2. The location, quantity, size and name, both botanical and common names,

of all proposed planting materials;

3. Existing and proposed grading of the site, including proposed berming,

indicating contours, at 1 foot intervals;

4. Specification of the type and boundaries of all proposed ground cover;

5. Elevations of all fences proposed for location on the site; and

6. Elevations, cross-sections and other details as determined necessary by the

City Planner.

(b) Design criteria.

1. Landscaping plans described above shall be prepared based on the

following design criteria.

2. The evaluation and approval of landscape plans shall also be based on

these design criteria:

a. Scale and nature of landscaping material.

i. The scale and nature of landscaping materials shall be

appropriate to the size of the structures. Large scaled buildings, for example, shall be

complemented by larger scaled plants.

ii. Landscaping of larger areas, such as required yards, shall be

accomplished by both horizontal landscaping elements, such as planting beds, and vertical

landscaping elements, such as trees, berms, and fences.

b. Selection of plant material. Refer to Urban Forestry Technical

Manual.

c. Conifers. Conifers should be incorporated into the landscape

treatment of a site, particularly in those areas screening parking lots from dedicated public right-

of-ways or property zoned for residential use. All conifers shall have a minimum height of 3

feet.

d. Deciduous shade trees. All shade trees shall have a minimum trunk

size of 1-1/4 inches in diameter upon installation, as measured 6 inches above the established

ground level.

e. Ornamentals. Ornamental trees shall have a minimum trunk size of

1-1/4 inches in diameter upon installation, as measured 6 inches above the established ground

level.

f. Softening of walls and fences. Plant material shall be placed

intermittently against long expanses of building walls, fences, and other barriers to create a

softening effect.

g. Planting bed. Planting beds shall be mulched with bark chips, rock

mulch, feather rocks, or similar materials.

h. Detention, retention, basins, and ponds. Detention/retention basins

and ponds shall be landscaped. The landscaping shall include shade and ornamental trees,

conifers, shrubbery, hedges, and/or other planting materials.

i. Preservation of existing plant material. Existing plant material shall,

wherever practical as determined by the City Planner, be incorporated into the landscape plan.

Credit for retention of existing trees which are of acceptable minimum size, species, and

location, may be given to satisfy the minimum number of requirements.

j. Berming. Earthen berms, and existing topography should be,

whenever determined practical by the City Planner, incorporated into the landscape plan,

particularly when combined with plant material to facilitate screening from adjacent residential

uses. Berms should be designed to allow for maintenance, mowing, and adequate drainage. Final

slope grade steeper than the ratio of 3:1 will not be permitted without special approval or

treatment, such as terracing or retaining walls.

(G) Transitional yards. Transitional yards shall extend along the entire length of the lot line

and shall be designed and maintained to function as a buffer area. Transitional yards shall

consist of a combination of ground cover, shade trees, conifers and shrubs, and appropriate

screening devices such as decorative walls, fences, or berms. Areas not planted with shrubs,

trees, or other appropriate screening devices shall be maintained with living ground cover.

(H) Perimeter landscaping.

(1) (a) Every off-street parking lot containing 6 or more parking stalls shall be

buffered and screened by perimeter landscaping consisting of an area at least 8 feet or greater in

width as required in the yard and setback standards of each zoning district.

(b) The required perimeter landscaping area shall be measured from the property

line of the site.

shade trees or conifers, shrubs, and/or appropriate screening devices such as decorative walls,

fences, or berms.

(d) Deciduous shade trees shall be provided at a minimum of 1 tree for every

2,000 square feet of total building floor area or 1 tree for every 100 feet of site perimeter,

whichever is greater. All shade trees shall have a minimum trunk size of 1-1/4 inches in

diameter upon installation, as measured 6 inches above the established ground level.

(e) Conifers shall be provided at a minimum of 1 tree for every 2,000 square feet

of total building floor area or 1 conifer for every 200 feet of site perimeter, whichever is greater.

All conifers shall have a minimum height of 3 feet.

(f) Ornamental trees shall be provided at a minimum of 1 tree for every 2,000

square feet of total building floor area or 1 ornamental tree for every 200 feet of site perimeter,

whichever is greater. Ornamental trees shall have a minimum trunk size of 1-1/4 inches in

diameter upon installation, as measured 6 inches above the established ground level.

(g) The number of planting material required in (H)(1)(d) through (f) may be

reduced by 15% in the (I-1) Light Industrial District and (I-2) Heavy Industrial District.

(h) Areas not planted with shrubs, trees, or other appropriate screening devices

shall be maintained with living ground cover, or planting beds with bark or rock mulch.

(2) Off-street parking areas for more than 6 vehicles shall be effectively screened by a

fence or densely planted hedge on each side of a parking area that adjoins or faces any property

located in a Residential District, unless the property is developed with a non-residential use. The

fence or hedge shall not be less than 4 feet nor more than 6 feet in height.

(I) Interior landscaping - off-street parking lots.

(1) Every off-street parking lot providing 100 spaces or more shall provide interior

landscaping.

(2) Interior landscaping shall consist of planting islands with a minimum area of 60

square feet and a minimum width of 6 feet, measured from the back of curb to back of curb.

(3) The interior landscaping shall constitute at least 5% of the area of the parking lot.

(4) Area devoted to perimeter landscaping shall not be considered as any part of

interior landscaping.

(5) Where more than 1 planting island is provided, the islands shall be appropriately

spaced throughout the parking lot.

(J) Refuse containers.

(1) All refuse and recyclable material containers, except those containers used on a

temporary basis for a construction or disposal activity, shall be fully enclosed by a gated opaque

fence or wall of a sufficient height to completely screen the containers from view by all

adjoining properties and all streets.

(2) The fence or wall shall have an exterior finish that is similar to the material found

on the exterior walls of the main building on the property or other approved material as

determined by the City Planner.

(3) The outside base of the wall or fence shall be landscaped if the wall or fence fronts

on a public street.

(K) Antennae and support structures. Ground-mounted antennae and antenna support

structures shall be buffered and screened by a fence and a densely planted conifer hedge of not

less than 6 feet in height.

(L) Maintenance policy. It is the responsibility of the property owner to insure that the

landscaping is maintained in an attractive condition. The owner shall replace any damaged or

dead trees, shrubs, ground cover, and sodding.

(M) Appeals. Appeals on the quantity, size, and location of planting materials, or any

variation to the provisions outlined in this chapter may be directed to the city’s Urban Forestry

Committee for consideration. The Urban Forestry Committee will then make a recommendation

for action by the Board of Adjustments.

(Prior Code, § 66-165) (Ord. 442, passed 7-12-2005; Am. Ord. 491, passed 5-22-2007; Am.

Ord. 518, passed 8-25-2009) Penalty, see § 151.999

SIGN REGULATIONS

§ 151.175 FINDINGS, PURPOSE AND EFFECT.

(A) Findings. The City Council hereby finds as follows:

(1) Exterior signs have a substantial impact on the character and quality of the

environment.

(2) Signs provide an important medium through which individuals may convey a

variety of messages.

(3) Signs can create traffic hazards, aesthetic concerns and detriments to property

values, thereby threatening the public health, safety and welfare.

(4) The city’s zoning regulations have included the regulation of signs in an effort to

provide adequate means of expression and to promote the economic viability of the business

community, while protecting the city and its citizens from a proliferation of signs of a type, size,

location and character that would adversely impact upon the aesthetics of the community and

threaten the health, safety and welfare of the community. The regulation of the physical

characteristics of signs within the city has had a positive impact on traffic safety and the

appearance of the community.

(B) Purpose and intent. It is not the purpose or intent of this subchapter to regulate the

message displayed on any sign; nor is it the purpose or intent of this subchapter to regulate any

building design or any display not defined as a sign, or any sign which cannot be viewed from

outside a building. The purpose and intent of this subchapter is to:

(1) Regulate the number, location, size, type, illumination and other physical

characteristics of signs within the city in order to promote the public health, safety and welfare.

(2) Maintain, enhance and improve the aesthetic environment of the city by preventing

visual clutter that is harmful to the appearance of the community.

(3) Improve the visual appearance of the city while providing for effective means of

communication, consistent with constitutional guarantees and the city’s goals of public safety

and aesthetics.

(4) Provide for fair and consistent enforcement of the sign regulations set forth herein

under the zoning authority of the city.

(5) To preserve and protect the integrity of the Lake Country Scenic Byway

designation by preventing visual clutter that is harmful to the appearance of the scenic byway.

conformance with the provisions of this subchapter. The effect of this subchapter, as more

specifically set forth herein, is to:

(1) Allow a wide variety of sign types in commercial zones, and a more limited variety

of signs in other zones, subject to the standards set forth in this subchapter.

(2) Allow certain small, unobtrusive signs incidental to the principal use of a site in all

zones when in compliance with the requirements of this subchapter.

(3) Prohibit signs whose location, size, type, illumination or other physical

characteristic negatively affect the environment and where the communication can be

accomplished by means having a lesser impact on the environment and the public health, safety

and welfare.

(4) Provide for the enforcement of this subchapter.

(D) Scope. This subchapter shall not regulate official traffic or government signs; signs not

intended to be viewed from a public right-of-way; window displays; product dispensers and

point of purchase displays; scoreboards on athletic fields; flags bearing any noncommercial

message; gravestones; barber poles; religious symbols; commemorative plaques; the display of

street numbers; or any display or construction not defined herein as a sign.

(Ord. 494, passed 9-25-2007)

§ 151.176 DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without

a message or whose display surface remains blank for a period of 1 year or more, or any sign

which pertains to a time, event, or purpose which no longer applies, shall be deemed to have

been abandoned. Signs applicable to a business temporarily suspended because of a change in

ownership or management of such business shall not be deemed abandoned unless the property

remains vacant for a period of 1 year or more. Any sign remaining after demolition of a principal

structure shall be deemed to be abandoned. Signs which are present because of being legally

established nonconforming signs or signs which have required a conditional use permit or a

variance shall also be subject to the definition of ABANDONED SIGN.

ADMINISTRATOR. The Zoning Administrator or designated representative.

ANIMATION. The movement of any object or light used in conjunction with a sign such as

blinking, flashing, traveling, scrolling or changing degree of intensity of any light movement

other than burning continuously.

AREA. See SIGN, AREA OF.

AWNING. A roof-like cover, often of fabric, plastic, metal or glass designed and intended

for protection from the weather or as a decorative embellishment, and which projects from a wall

or roof of a structure primarily over a window, walk, or the like. Any part of an awning which

also projects over a door shall be counted as an AWNING.

AWNING SIGN. A building sign or graphic painted on, printed on, or attached flat against

the surface of an awning.

BALLOON SIGN. A sign consisting of a bag made of lightweight material supported by

helium, hot or pressurized air which is greater than 24 inches in diameter.

BANNER SIGN. A sign made of fabric or any non-rigid material with no enclosing

framework.

BILLBOARD. See OFF-PREMISES SIGN.

BUILDING. As defined in § 151.003 of this chapter.

BUILDING FACE. The exposed face of a building, including windows and doors, from

ground level to the roof line. Where a building has a facade, mansard, or awning, the Zoning

Administrator shall work with the applicant to determine what constitutes the aggregate building

face for purposes of signage.

CANOPY. A rigid multi-sided structure covered with fabric, metal or other material and

supported by a building at one or more points or extremities and by columns or posts embedded

in the ground at other points or extremities which provides shelter over a doorway.

CANOPY SIGN. Any sign that is part of or attached to a canopy, made of fabric, plastic or

structural protective cover over a door or entrance. A CANOPY SIGN is not a marquee and is

different from service area canopy signs.

CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letter or

illustrations that can be changed or rearranged without altering the face or the surface of the sign.

CHANGEABLE COPY SIGNS do not include signs upon which characters, letters, or

illustrations change or rearrange only once in a 24-hour period.

CLEARANCE (OF A SIGN). The smallest vertical distance between the grade of the

adjacent street, highway, or street curb and the lowest point of any sign, includes framework and

embellishments, extending over that grade.

COMMERCIAL SPEECH. Speech or graphics advertising a business, profession,

commodity, service or entertainment.

COMMUNITY/SPECIAL EVENT SIGN. A sign which solicits for a special short term or

one-time civic event. Such events may include, but shall not be limited to: seasonal celebrations,

community programs and activities, or the location of places or events of interest to the

community or tourists. Such events must appeal to a broad audience, are open to the public, and

are accessible to all residents or visitors.

COPY. The graphic content of a sign surface in either permanent or removable letter,

pictographic, symbolic, or alphabetic form.

DIRECTIONAL SIGN - OFF-PREMISE. An off-premise sign which provides directional

assistance to access an establishment conveniently and safely.

DIRECTIONAL SIGN - ON-PREMISE. An on-premise sign giving directions,

instructions, or facility information and which may contain the name or logo of an establishment

but no advertising copy, e.g., parking or exit and entrance signs. May contain logo provided that

the logo may not comprise more than 20% of the total sign area.

DOUBLE-FACED SIGN. A sign with 2 faces, essentially back-to-back or v-construction.

DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that

appear to change, caused by any method other than physically removing and replacing the sign

or its components, whether the apparent movement of change is in the display, the sign structure

itself, or any other component of the sign. This includes a display that incorporates a technology

or method allowing the sign face to change the image without having to physically or

mechanically replace the sign face or its components. This also includes any rotating, revolving,

moving, flashing, shimmering, blinking or animated display and any display that incorporates

rotating panels, LED lights manipulated through digital input, “digital ink” or any other method

or technology that allows the sign face to present a series of images or displays.

ELECTRICAL SIGN. A sign or sign structure in which electrical wiring, connections, or

fixtures are used.

ELECTRONIC VARIABLE MESSAGE SIGN. A sign whose message may be changed at

intervals by electronic process or remote control and having a constant light level.

ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching,

creating, painting, drawing or any other ways of bringing into being or establishing.

FACADE. The entire building front including the parapet.

FACE OF SIGN. The area of a sign on which the copy is placed.

FEATHER FLAG SIGN. A lightweight, portable advertising medium, mounted on a pole,

which resembles a sail.

FLAG. Any fabric or similar lightweight material attached at 1 end of the material, usually

to a staff or pole, so as to allow movement of the material by atmospheric changes and which

contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

FRONTAGE. The length of the property line of any 1 premise along a public right-of-way

on which it borders.

GOVERNMENT SIGN. Any temporary or permanent sign erected and maintained by the

city, county, state, or federal government for traffic direction or for designation of or direction to

any school, hospital, historical site, or public service, property, or facility.

HEIGHT (OF A SIGN). The vertical distance measured from the highest point of the sign,

excluding decorative embellishments, to the grade of the adjacent street or the surface grade

beneath the sign, whichever is less.

IDENTIFICATION SIGN. An on-premise identification sign giving the name, address,

and/or occupation of an occupant or group of occupants. IDENTIFICATION SIGNS may be

illuminated.

ILLUMINATED SIGN. Any sign which contains an element designed to emanate artificial

light internally or externally.

INCIDENTAL SIGN. A small sign, emblem, or decal informing the public of goods,

facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours

of business. Maximum size is 4 square feet.

INTERIOR SIGN. A sign which is located within the interior of any building, or within an

enclosed lobby or court of any building, and a sign for and located within the inner or outer

body, court, entrance of any theater.

LEGALLY ESTABLISHED NONCONFORMING SIGN. Any sign and its support

structure lawfully erected prior to the effective date of this subchapter which fails to conform to

the requirements of this subchapter. A sign which was erected in accordance with a variance

granted prior to the adoption of this subchapter and which does not comply with this subchapter

shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be

deemed to be an illegal sign.

MAINTENANCE. The cleaning, painting, repair, or replacement of defective parts of a sign

in a manner that does not alter the basic copy, design, or structure of the sign.

MANSARD. A roof having 2 slopes on all sides with the lower slope steeper than the upper

one.

MARQUEE. Any permanent roof-like structure projecting beyond a building facade or

extending along and projecting beyond the wall of that building, generally designed and

constructed to provide protection from the weather.

MARQUEE SIGN. Any building sign painted, mounted, constructed or attached in any

manner, on a marquee.

MONUMENT SIGN. A sign where the extent of the sign surface is attached to the ground

or a foundation in the ground; and where there are no poles, braces, or other visible means of

support other than attachment to the ground.

MULTI-TENANT BUILDING. A building that houses more than 1 tenant or use.

NAMEPLATE. A non-electric on-premise identification sign giving only the name, address,

and/or occupation of an occupant or group of occupants.

NON-COMMERCIAL SPEECH. Dissemination of messages not classified as commercial

speech which include, but are not limited to, messages concerning political, religious, social,

ideological, public service and information topics.

OFF-PREMISE SIGN. A commercial speech sign which directs the attention of the public

to a business, activity conducted, or product sold or offered at a location not on the same lot

where the sign is located. For purposes of this subchapter, easements and other appurtenances

shall be considered to be outside such lot and any sign located or proposed to be located in an

easement or other appurtenance shall be considered an OFF-PREMISE SIGN.

ON-PREMISE SIGN. A sign which identifies or advertises an establishment, person,

activity, goods, products or services located on the premises where the sign is installed.

OWNER. In the case of a lot, the legal owner of the lot as officially recorded by Hubbard

County, and including fee owners, contract for deed purchasers and ground lessees. For the

purposes of this subchapter, the owner of property on which a sign is located is presumed to be

the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to

the attention of the Administrator, e.g., a sign leased from a sign company.

PAINTED WALL SIGN. Any sign which is applied with paint or similar substance on the

surface of a wall.

PERSON. Any individual, corporation, association, firm, partnership, or similarly defined

interest.

POINT OF PURCHASE DISPLAY. Advertising of a retail item accompanying its display,

e.g., an advertisement on a product dispenser, tire display, and the like.

POLE SIGN. See PYLON SIGN.

PORTABLE SIGN. Any sign which is manifestly designed to be transported, including by

trailer or on its own wheels, even though the wheels of such sign may be removed and the

remaining chassis or support is converted to another sign or attached temporarily or permanently

to the ground since this characteristic is based on the design of such sign.

PREMISE. A parcel of land with its appurtenances and buildings which, because of its

unity of use, may be regarded as the smallest conveyable unit of real estate.

PROJECTING SIGN. Any sign which is affixed to a building or wall in such a manner that

its leading edge extends more than 2 feet beyond the surface of such building or wall face.

PUBLIC STREET RIGHT-OF-WAY. The entire right-of-way of any public street.

PYLON SIGN. Any freestanding sign which has its supportive structure(s) anchored in the

ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the

area below the sign face open.

ROOF SIGN. Any sign erected and constructed wholly on and above the roof of a building,

supported by the roof structure, and extending vertically above the highest portion of the roof.

SANDWICH SIGN. Two sign faces that are back to back and are connected together at the

top and apart from each other at the bottom.

SCENIC BYWAY. Any portion of Highway 34 East and West and Highway 71 North

throughout the city.

SCROLL OR TRAVEL. A message transition where the message that is leaving or

appearing appears to move vertically or horizontally across the display surface.

SIGHT TRIANGLE. A triangular area formed at the intersection of any street right-of-way

lines by a straight line drawn between the right-of-way lines at a distance along each line of 30

feet from their point of intersection.

SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation

in the nature of advertisement, announcement, message or visual communication, whether

painted, posted, printed, affixed or constructed, including all associated brackets, braces,

supports, wires and structures, which is displayed for information or communicative purposes.

SIGN, AREA OF. Includes the space inside a continuous line drawn around and enclosing

all letters, designs, and background materials exclusive of border, trim and structural supports.

For the purpose of calculating the sign area of multiple-faced or back-to-back signs the stipulated

maximum sign area shall refer to a single face.

SUBDIVISION IDENTIFICATION SIGN. A sign identifying a recognized subdivision,

condominium complex, or residential development.

SUSPENDED SIGN. Any building sign that is suspended from the underside of a

horizontal plane surface and is connected to this surface.

TEMPORARY SIGN. Any sign, balloon, banner, blimp, flag, pylon, pennant, poster, reader

board or advertising display which is intended to be displayed for a period of time not to exceed

3 weeks per permit period. Signs other than temporary signs shall be considered permanent

signs.

TOTAL SITE SIGNAGE. The maximum permitted combined area of all free standing and

wall identification signs allowed on a specific property.

WALL SIGN. A sign attached essentially parallel to and extending not more than 24 inches

from the wall of a building with no copy on the sides or edges. This definition includes painted,

individual letter, and cabinet signs, and signs on a mansard.

WINDOW SIGN. Any building sign, pictures, symbol, or combination thereof, designed to

communicate information about an activity, business, commodity, event, sale, or service, that is

placed inside a window or upon the window pane or glass and is visible from the exterior of the

window.

ZONING LOT. One or more lots which are used for a single principal use or planned unit

development.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013)

§ 151.177 PERMIT REQUIRED.

No sign shall be erected, reconstructed, or moved in the city without first securing a permit

from the city and payment of fees as described in this chapter, unless no permit is required

pursuant to § 151.178. The content of the message or speech displayed on the sign shall not be

reviewed or considered in determining whether to approve or deny a sign permit. Application for

a sign permit shall be on forms furnished by the Administrator.

(Ord. 494, passed 9-25-2007) Penalty, see § 151.999

§ 151.178 EXEMPTED SIGNS - NO PERMIT.

The following signs need no permit. These exemptions, however, shall not be construed as

relieving the owner of the sign from the responsibility of its erection and maintenance, and is in

compliance with the provisions of this subchapter or any other law or ordinance regulating the

same. Unless restricted by this section, these signs may be placed in all zoning districts.

(A) Signs with a commercial message placed upon construction sites. Such signs may be

erected 60 days prior to construction and shall be removed within 10 days after completion of

construction. Total site signage shall not exceed the following size limitations:

Project Area

Residential

Commercial/Industrial

Under 1 acre

8 sq. ft.

32 sq. ft.

1.01 to 10 acres

64 sq. ft.

10.1 to 25 acres

150 sq. ft.

25.1 plus acres

300 sq. ft.

500 sq. ft.

(B) On-premise directional/information signs of 9 square feet or less.

(D) Non-commercial speech signs. Notwithstanding any other provisions of this subchapter,

all signs of any size containing non-commercial speech may be posted from 46 days before the

state primary in any general election year until 10 days following the general election and 13

weeks prior to any special election until 10 days following the special election. One non-

commercial speech sign is allowed on each lot outside the above specified time period on all

properties. All signs must be at least 5 feet from all property lines and shall not be located in the

sight triangle.

(E) Emergency signs as required by any governmental agency.

(F) Residential and commercial real estate signs, not placed in the right of way. These signs

must be removed within 7 days after the closing date of the sale or lease of the property.

(G) Signs or posters attached or painted on the inside of a display window including

illuminated signs, but not flashing signs. These signs shall be placed as not to obstruct or

interfere with any window, doorway or fire escape. Such signs shall not exceed 50% of the

window area or 32 square feet, which ever is more restrictive. Such signs shall be prohibited in

residential districts.

(H) Public signs, street signs, warning signs, or signs of public service companies for the

purpose of promoting safety.

(I) Noncommercial flags.

(J) Pedestrian, vehicular-traffic and parking directional signs in parking lots, provided the

face of such signs meet Minnesota Department of Transportation standards and which do not

contain commercial speech.

(K) Replacement or repair of signs damaged by storm or accident, as long as the size or

setback is not increased.

(L) Noncommercial directional signs not illuminated and not exceeding 2 square feet. Signs

are limited to 1 per avenue or street directly leading to the establishment.

(M) Temporary or permanent signs by public utilities erected to warn the public.

(N) Easel and/or sandwich signs, as long as such signs do not exceed 24 inches by 48

inches. Signs are limited to 1 per lot. Signs must be taken down daily and must not block

sidewalks or right of ways.

(O) Memorial signs or tablets, names of buildings and date of erection when cut into are

attached to any masonry surface or noncombustible material.

(P) Banners affixed to buildings for point of purchase displays or special events.

(Q) Portable sign for community events displayed for 7 calendar days or less at a time.

(R) General sign maintenance such as painting, replacing light bulbs, cracked panels, and

the like, including changing nameplates/sign copy for an existing business that does not increase

the size, height, or setback.

(S) Temporary off-premise community/special event signs which meet the definition of a

community/special event and all of the provision of § 151.184(F).

(T) Feather flag signs (commercial) not exceeding 10 feet in height.

(Ord. 494, passed 9-25-2007; Am. Ord. 526, passed 5-25-2010; Am. Ord. 542, passed 4-23-

2013)

§ 151.179 PROHIBITED SIGNS.

The following signs are prohibited in all districts, unless otherwise noted below:

(A) Any sign, signal, marking or device which purports to be or is an imitation of or

resembles any official traffic control device or signal, or emergency vehicle signal, or which

attempts to direct the movement of traffic or which hides from view or interferes with the

effectiveness of any official traffic control device or signal.

(B) Signs within a public right-of-way or easement, except for signs installed by

governmental entities.

surfaces, or attached to public utility poles, bridges, towers, or similar public structures.

(D) Electronic variable message signs dynamic displays are prohibited except in the B-1, I-1

and I-2 Districts and which conform to provisions in § 151.181.

(E) All off-premise commercial signs including billboards.

(F) Signs advertising by letters, words or figures painted upon any sidewalk with the city.

(G) Signs that emit sound.

(H) Signs painted or attached to vehicles where the vehicle is parked on a property and not

intended to be moved for a period of 48 hours or more. At all times, vehicles containing

advertising and/or signage shall not be parked along the property frontage.

(I) Vacant or abandoned building signs. Owner has 30 days to remove such signs after

notification by Administrator.

(J) Signs anchored by guy wires, chains, cables or similar devices that project down to the

ground in any way.

(K) Any signs that would conflict with restrictions set forth in the Airport Zoning

Ordinance.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.180 GENERAL PROVISIONS.

The following provisions apply to signs in all districts:

(A) All signs shall be constructed and maintained in a manner where they will be safe to the

general public. A sign shall be repainted whenever its paint begins to fade, chip or discolor and

defective parts shall be replaced promptly.

(B) A sign shall be considered abandoned if the property or use remains vacant for a period

of more than 1 year. The property owner has 30 days to remove such signs after notification by

Administrator.

maintained, or constructed, erected or maintained in violation of the provisions of this section,

the Administrator shall give written notice to the property owner thereof. If the property owner

fails to comply with the standards of this section within 30 days after such notice, and if no

appeal is taken pursuant to § 151.245, or if no owner, occupant, or agent can be found, such sign

shall be removed or altered by the city. The cost of such city action shall be specifically assessed

against the subject property.

(D) All permanent signs shall be constructed to meet the Uniform Building Code standards

for wind

resistance, dead loads, wind loads and other applicable sections of the Uniform Building Code.

Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging

nor a menace to persons or property.

(E) All electrical wiring of signs shall comply with the provisions of the National Electrical

Code and other applicable sections of the State Building Code.

(F) No sign shall be erected as to obstruct access/egress to or from fire escapes, windows,

doors or exits and fire lanes.

(G) No pylon sign shall be erected in such a manner that projects or will project over any

building or public right-of-way.

(H) Projecting signs, awnings and canopies that overhang a sidewalk or other pedestrian

way shall provide a minimum clearance above the said pedestrian way of 8 feet.

(I) Monument signs shall be constructed with the entire bottom of the sign structure in

contact with the ground.

(J) Computation of the area of multifaceted signs. The sign area for a sign with more than 1

face shall be computed by adding together the area of all sign faces visible from any 1 point.

When 2 identical sign faces are placed back to back, so that both faces cannot be viewed from

any point at the same time, and when such sign faces are part of the same sign structure and are

not more than 42 inches apart, the sign area shall be computed by the measurement of 1 of the

faces.

(K) All signs may be illuminated as provided for in § 151.182.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.181 DYNAMIC DISPLAYS AND CHANGEABLE COPY SIGNS.

Dynamic displays and changeable copy on signs are allowed subject to the following

conditions:

(A) Dynamic displays and changeable copy signs are allowed only on monument and pylon

signs for all uses in the B-1, I-1 and I-2 Districts only. Dynamic displays and changeable copy

signs may occupy no more than 50% of the actual copy and graphic area. The remainder of the

sign must not have the capability to have dynamic displays even if not used. Only 1, contiguous

dynamic display or changeable copy is allowed on a sign face.

(B) A dynamic display may not change or move more often than once every 3 seconds.

permitted, but such transitions may only fade, scroll, travel or reveal, and the transition shall not

exceed duration of 1 second.

(D) The images and messages displayed must be complete in themselves, without

continuation in content to the next image or message or to any other sign.

(E) (1) Every line of copy and graphics in a dynamic display must be as outlined below:

Road Speed Limit

Height of Copy and Graphics

25 to 34 MPH

7 inches

35 to 44 MPH

9 inches

Road Speed Limit

Height of Copy and Graphics

45 to 54 MPH

12 inches

55 MPH or more

15 inches

(2) If there is insufficient room for copy and graphics of this size in the area allowed

under division (E)(1) above, then no dynamic display is allowed.

(F) Dynamic displays must be designed and equipped to freeze the device in 1 position if a

malfunction occurs. The displays must also be equipped with a means to immediately

discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic

display when notified by the city that it is not complying with the standards of this subchapter.

(G) Dynamic displays must comply with the brightness standards contained in § 151.182

below.

(H) Dynamic displays existing on October 3, 2007 must comply with the operational

standards listed above. An existing dynamic display that does not meet the structural

requirements in division (A) above may continue as a legally established non-conforming sign

subject to § 151.192. An existing dynamic

display that cannot meet the minimum size requirement in division (E) above must use the

largest size possible for 1 line of copy to fit in the available space.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.182 ILLUMINATION AND BRIGHTNESS STANDARDS.

(A) Illuminated signs may not exhibit any of the following:

(1) External illumination that is determined to interfere with safe traffic operations;

(2) The sign is directly oriented to any residential district;

(3) Illumination of any sign in a residential district;

(B) All signs must meet the following brightness standards:

(1) No sign may be brighter than is necessary for clear and adequate visibility.

(2) No sign may be of such intensity or brilliance as to impair the vision of a motor

vehicle driver with average eyesight or to otherwise interfere with the driver’s operation of a

motor vehicle.

(3) No sign may be of such intensity or brilliance that it interferes with the

effectiveness of an official traffic sign, device or signal.

than natural light must be equipped with a mechanism that automatically adjusts the brightness in

response to ambient conditions. These signs must also be equipped with a means to immediately

turn off the display or lighting if it malfunctions and the sign owner or operator must

immediately turn off the sign or lighting when notified by the city that it is not complying with

the standards in this section.

(Ord. 494, passed 9-25-2007) Penalty, see § 151.999

§ 151.183 SUBSTITUTION CLAUSE.

The owner of any sign which is otherwise allowed by this subchapter may substitute non-

commercial speech in lieu of any other commercial speech or non-commercial speech. This

substitution of copy may be made without any additional approval or permitting. The purpose of

this provision is to prevent any inadvertent favoring of commercial speech over non-commercial

speech, or favoring of any particular non-commercial speech over any other non-commercial

speech. This provision prevails over any more specific provision to the contrary.

(Ord. 494, passed 9-25-2007)

§ 151.184 TEMPORARY SIGNS.

Temporary signs are only permitted in the B-1, B-2, R-B, R-3, I-1, and I-2 zoning districts

and are subject to the following requirements.

(A) Portable signs.

(1) There shall be no more than 1 portable sign on any zoning lot at a time, excluding

banners.

(2) Maximum size not to exceed 32 square feet in area.

(3) Portable sign shall be set back 5 feet from all property lines and shall not be located

in the sight triangle.

(4) A temporary sign permit is required for portable signs which are allowed for 4

times per year, each for a 3-week time period.

(5) Portable signs shall not be placed in the public right-of-way, be flashing, having

moving parts or be fastened to any pylon sign or light pole.

(6) The square footage of portable signs does not count towards the total site signage

maximum allowed.

(7) Multi-tenant businesses will be allowed temporary signage time per business, not

per building, subject to the other requirements of this section.

(8) The temporary sign permit fee shall be waived for new businesses for a period of 3

weeks.

(9) Erecting a temporary sign without a permit shall result in a double permit fee.

(B) Banners.

(1) No more than 3 such signs shall be allowed on a building at any 1 time.

(2) Any 1 banner shall not exceed 10% of the wall area.

(3) Total square footage of all banners shall not exceed 200 square feet.

(4) Banners shall be affixed to the primary structure.

(5) The square footage of banners shall not count towards the total site signage

maximum.

(1) One sandwich sign is allowed per zoning lot. Sign must be displayed only during

business hours and removed when closed. The placement of the sign must not interfere with

pedestrian traffic and must be able to maintain a 6-foot path on the sidewalk. Sandwich signs

shall not exceed 24 inches by 48 inches in size.

(2) The square footage of sandwich signs does not count towards the total site signage

maximum.

(D) Feather flag signs (commercial).

(1) Only 1 feather flag is allowed per parcel and must be attached to the primary

structure or the sign must be displayed only during business hours and removed when closed.

(2) Signs must be set back a minimum of 5 feet from the property line.

(E) Garage sale signs.

(1) Signs may not be placed in the right-of-way.

(2) Signs may be placed off site with permission of the property owner.

(3) Signs must be removed by 6:00 p.m. on the last day of the sale.

(F) Temporary off-site community/special event signs.

(1) No signs are allowed within any right-of-way or along highway sections designated

as a scenic byway (Highway 34 East and West and Highway 71 North throughout the city).

(2) Need to have property owner permission to place signs.

(3) Individual signs not to exceed 32 square feet.

(4) Signs are allowed the week prior to the event and all signs must be removed within

24 hours of the conclusion of the event.

(5) No permit or fee is required, but all signs must identify the event location and

include contact information for the event sponsor.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.185 SIGNS PERMITTED IN AGRICULTURAL (AG-1) DISTRICT, PUBLIC AND

QUASI-PUBLIC (P) DISTRICT, AND CONSERVATION (C-1) DISTRICT.

(A) Sign permit applications for signs located within these districts shall be reviewed on a

case by case basis depending on the proposed use of the property and based on similar uses in the

zoning districts listed below.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.186 SIGNS PERMITTED IN RESIDENTIAL (R-1, R-1A, R-2, AND R-3)

DISTRICTS.

(A) The following regulations shall apply to non-residential permitted, conditional or legal

nonconforming uses:

(1) Nameplates may be wall or monument mounted or combination thereof and shall

not exceed 20 square feet in area.

(2) Monument signs shall have a maximum height of 6 feet and shall have a setback of

15 feet from any property line and shall not be placed in the sight triangle.

(B) The following regulations shall apply to residential permitted, conditional or legal

nonconforming uses:

(1) One subdivision identification sign per street frontage, neighborhood, subdivision

or development, not to exceed 48 square feet in sign area in each location.

(2) One identification sign per entrance to apartment or condominium complex, not to

exceed 36 square feet in sign area.

(3) Home occupations - 1 sign with a maximum area of 4 square feet will be allowed

and may not be illuminated. The sign must be located in the front yard.

(4) All allowed signs shall have a maximum height of 6 feet and shall have a setback

of 15 feet from any property line and shall not be placed in the sight triangle.

(Ord. 494, passed 9-25-2007) Penalty, see § 151.999

§ 151.187 SIGNS PERMITTED IN RESIDENTIAL-BUSINESS TRANSITIONAL (R-B)

DISTRICT.

(A) The following regulations shall apply to non-residential permitted, conditional, or legal

nonconforming uses:

(1) One 20-square feet pylon or monument sign and one 12-square feet wall sign are

allowed per building.

(2) Pylon signs shall have a maximum height of 10 feet and shall have a setback of 15

feet from any property line and shall not be placed in the sight triangle. The Zoning

Administrator must verify setback before the sign support is installed.

(3) Monument signs shall have a maximum height of 8 feet and shall have a setback of

15 feet from any property line and shall not be placed in the sight triangle. The Zoning

Administrator must verify setback before the sign support is installed.

(B) The following regulations shall apply to residential permitted, conditional, or legal

nonconforming uses:

(1) One subdivision identification sign per street frontage, neighborhood, subdivision

or development, not to exceed 48 square feet in sign area in each location.

(2) One identification sign per entrance to apartment or condominium complex, not to

exceed 36 square feet in sign area.

(3) Home occupations - 1 sign with a maximum area of 4 square feet will be allowed

and may not be illuminated. The sign must be located in the front yard.

(4) All allowed signs shall have a maximum height of 6 feet and shall have a setback

of 15 feet from any property line and shall not be placed in the sight triangle.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.188 SIGNS PERMITTED IN HIGHWAY BUSINESS (B-1) DISTRICT.

(A) Total site signage. Two square feet per front foot of building abutting a public right-of-

way.

(B) On-premise signs.

(1) A zoning lot which has a front lineal footage of greater than 300 feet may have a

pylon sign and a monument sign or 2 monument signs. A zoning lot which has a front lineal

footage less than 300 feet may have either a pylon sign or monument sign.

(2) On corner lots, all signs must be located outside of the sight triangle.

(3) Pylon sign.

(a) A zoning lot is allowed 1 pylon sign not to exceed 100 square feet in area.

(b) Pylon signs shall be set back 10 feet from property lines to the support

structure. The maximum height for pylon signs is 30 feet. The sign may project from the support

into the setback area 5 feet. The sign must be a minimum of 8 feet above grade. The Zoning

Administrator must verify setback before the sign support is installed.

maximum allowed.

(4) Monument signs.

(a) A zoning lot is allowed to have up to 2 monument signs, provided the

requirements for 2 signs have been met per this section.

(b) Monument signs greater than 8 feet in height shall be constructed with the

entire bottom of the sign structure in contact with the ground. A solid continuous background

area should be provided from the ground to the top of the sign in a material which matches the

principal structure.

(d) The sign face shall occupy at least 50% of the monument sign. The sign face

shall not exceed 100 square feet in area.

(e) Signs should exhibit a sense of continuity through the use of a uniform color of

the metal surround. Monument signs are required to be constructed of materials of either the

same as the principal structure or appear the same.

(f) Monument signs shall be set back a minimum of 10 feet from the property

lines. The Zoning Administrator must verify setback before the sign support is installed.

(g) The square footage of the sign area on a monument sign shall count towards

the total site signage maximum allowed.

(5) Wall signs.

(a) Total wall signage on any building shall not exceed 10% of the front wall area.

(b) Wall signs shall not project above the roof line.

exception of canopies or awnings that do not overhang the public right-of-way.

(d) Any 1 wall sign shall not exceed 200 square feet in area.

(e) Multi-tenant business centers may have 1 wall sign per business which has an

exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional

exclusive exterior entrance on a second wall. All wall signs shall not exceed more than 10% of

the wall area.

(f) The square footage of wall signs shall count towards the total site signage

maximum allowed.

(6) Window signs are exempt from permit requirements, but must conform to all other

requirements of this subchapter.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.189 SIGNS PERMITTED IN GENERAL BUSINESS (B-2) DISTRICT.

(A) Size of signs. Total site signage - 150 square feet. Multi-tenant buildings and properties

located on a corner lot may increase the total site signage to 200 square feet with an approved

comprehensive sign plan for the property.

(B) On-premise signs.

(1) Pylon sign.

(a) A zoning lot is allowed 1 pylon sign which shall not exceed 60 square feet in

area.

(b) Maximum height is 15 feet above grade. The sign may not be located in or

over right-of-way. The Zoning Administrator must verify setback before the sign support is

installed.

maximum allowed.

(2) Wall sign.

(a) Total wall signage on any building shall not exceed 20% of the front wall area.

(b) All signs shall not project above the roof line.

exception of canopies or awnings.

(d) Any 1 wall sign shall not exceed 100 square feet.

(e) Multi-tenant buildings may have 1 wall sign per business which has an

exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional

exclusive exterior entrance on a second wall. All signs shall not exceed 20% of the wall area.

(f) The square footage of wall signs shall count towards the total site signage

maximum allowed.

(3) Projecting signs.

(a) Projecting signs cannot project more than 8 feet from the wall of the building

and must be a minimum of 8 feet above grade and shall not exceed 32 square feet in area.

(b) The square footage of any projecting signs shall count towards the total site

signage maximum.

(4) Suspended signs.

(a) Suspended signs shall not exceed 8 square feet and must have a minimum

clearance of 8 feet to grade.

(b) The square footage of suspended signs shall count towards the total site

signage maximum.

(5) Window signs are exempt from permit requirements, but must conform to all other

requirements of this subchapter.

(6) Signs in the General Business District may be illuminated.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.190 SIGNS PERMITTED IN LIGHT INDUSTRY (I-1) AND HEAVY INDUSTRY

(I-2) DISTRICTS.

(A) Total site signage. Three square feet per front foot of building abutting a public right-

of-way.

(B) On-premise signs.

(1) A zoning lot which has a front lineal footage of greater than 300 feet may have a

pylon sign and a monument sign or 2 monument signs. A zoning lot which has a front lineal

footage less than 300 feet may have either a pylon sign or monument sign.

(2) On corner lots, all signs must be located outside of the sight triangle.

(3) Pylon signs.

(a) A zoning lot is allowed 1 pylon sign not to exceed 100 square feet in area.

(b) Pylon signs shall be set back 10 feet from property lines to the support

structure. The maximum height for pylon signs is 30 feet. The sign may project from the support

into the setback area 5 feet. The sign must be a minimum of 8 feet above grade. The Zoning

Administrator must verify setback before the sign support is installed.

maximum allowed.

(4) Monument signs.

(a) No more than 1 monument sign shall be permitted per zoning lot.

(b) Monument signs greater than 8 feet in height shall be constructed with the

entire bottom of the sign structure in contact with the ground. A solid continuous background

area should be provided from the ground to the top of the sign in a material which matches the

principal structure.

(d) The sign face shall occupy at least 50% of the monument sign. The sign face

shall not exceed 125 square feet in area.

(e) Signs should exhibit a sense of continuity through the use of a uniform color of

the metal surround. Monument signs are required to be constructed of materials of either the

same as the principal structure or appear the same.

(f) Monument signs shall be set back a minimum of 10 feet from the property

lines. The Zoning Administrator must verify setback before the sign support is installed.

(g) Multi-tenant business centers will be allowed to have 1 joint identification

monument sign.

(h) The square footage of the sign area on a monument sign shall count towards

the total site signage maximum allowed.

(5) Wall signs.

(a) Total wall signage on any building shall not exceed 10% of the front wall area.

(b) Wall signs shall not project above the roof line.

exception of canopies or awnings that do not overhang the public right-of-way.

(d) Any 1 wall sign shall not exceed 200 square feet per sign.

(e) Multi-tenant business centers may have 1 wall sign per business which has an

exclusive exterior entrance. A second wall sign may be allowed if a tenant has an additional

exclusive exterior entrance on a second wall. All wall signs shall not exceed more than 10% of

the wall area.

(f) The square footage of wall signs shall count towards the total site signage

maximum allowed.

(6) Window signs are exempt from permit requirements, but must conform to all other

requirements of this subchapter.

(Ord. 494, passed 9-25-2007; Am. Ord. 542, passed 4-23-2013) Penalty, see § 151.999

§ 151.191 STREET BANNERS.

(A) It shall be unlawful for any person to place any sign or banner or other obstruction

across or over any street or alley except Main Avenue, Highway 71 and Highway 34.

(B) For banners placed upon or over Main Avenue, Highway 71 or Highway 34 a banner

permit must first be obtained from the Administrator. Proof of insurance shall be submitted with

all permit applications, as well as a permit from the State of Minnesota for the state highways.

by the applicant in a sum established by the Council.

(D) Any permit granted pursuant to this section shall not exceed 30 days.

(Ord. 494, passed 9-25-2007) Penalty, see § 151.999

§ 151.192 NON-CONFORMING SIGN; COMPLIANCE.

It is recognized that signs exist within the zoning districts which were lawful before this

subchapter was enacted, but will be prohibited under the terms of this subchapter. It is the intent

of this subchapter that nonconforming signs shall not be enlarged upon or expanded, nor be used

as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further

the intent of this subchapter to permit legal nonconforming signs existing on the effective date of

this subchapter to continue as legal nonconforming signs provided such signs are safe, are

maintained so as not to be unsightly, and have not been abandoned or removed subject to the

following provisions:

(A) No sign shall be enlarged or altered in a way which increases its nonconformity.

(B) If the use of the nonconforming sign or sign structure is discontinued for a period of 1

year, the sign or sign structure shall not be reconstructed or used except in conformity with the

provisions of this subchapter.

by any means to an extent greater than 50% of its market value and all required permits for its

reconstruction have not been applied for within 180 days of when the sign or sign structure was

damaged, it shall not be reconstructed or used except in conformity with the provisions of this

subchapter.

(D) Should such a sign or sign structure be moved for any reason for any distance

whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is

located after it is moved.

(E) No existing sign devoted to a use not permitted by the Zoning Code in the zoning

district in which it is located shall be enlarged, expanded or moved except in changing the sign to

a sign permitted in the zoning district in which it is located.

(F) When a building loses its nonconformity status all signs devoted to the structure shall be

removed and all signs painted directly on the structure shall be repainted in a neutral color which

will harmonize with the structure.

(Ord. 494, passed 9-25-2007) Penalty, see § 151.999

§ 151.193 ADMINISTRATION AND ENFORCEMENT.

(A) If any portion of this subchapter is found to be in conflict with any other provision of

any zoning, building, fire safety, or health ordinance, the provision that establishes the higher

standard shall prevail.

(B) Failure to obtain a sign permit prior to erection of a sign shall result in a double permit

fee.

(Ord. 494, passed 9-25-2007)

§ 151.194 SEVERABILITY.

If any section, division, sentence, clause or phrase of this subchapter is for any reason held

to be invalid, such decision shall not affect the validity of the remaining portions of this

subchapter. The City Council hereby declares that it would have adopted this subchapter in each

section, division, sentence, clause, or phrase thereof, irrespective of the fact that any one or more

sections, divisions, sentences, clauses, or phrases be declared invalid.

(Ord. 494, passed 9-25-2007)

SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS

§ 151.205 PURPOSE AND INTERPRETATION.

(A) Each new subdivision becomes a permanent unit in the basic physical structure of the

community, a unit with which the future community will, of necessity, be forced to comply.

(B) Haphazard and piecemeal planning of subdivisions, without correlation to a plan, will

result in a disconnected patchwork of plats with poor traffic circulation and expensive provision

of utilities.

wholesome community environment, adequate municipal services and efficient movement of

traffic, all subdivisions hereafter platted within the jurisdiction of the city shall comply with the

regulations set forth in this subchapter.

(D) In their interpretation and application the provisions of this subchapter are minimum

requirements adopted for the protection of the public health, safety, and general welfare.

(Prior Code, § 66-211)

§ 151.206 LIMITS OF REGULATIONS AND SCOPE.

(A) General. The rules and regulations governing plats and subdivisions of land contained

in this subchapter apply within the city and orderly annexation area in Henrietta Township.

(B) Prior subdivisions. Except in the case of a resubdivision, this subchapter shall not

apply to any lot or lots forming a part of subdivision plats recorded in the office of the County

Recorder of Hubbard County prior to the effective date of this chapter, nor is it intended by this

subchapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of

other laws or ordinances except those in conflict with these regulations, or with private

restrictions placed upon property by deed, covenant or other private agreements which are equal

to or more restrictive than covenants running with the land to which the city is a party.

(Prior Code, § 66-212)

§ 151.207 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

ALLEY. A public or private right-of-way primarily designed to serve as secondary access to

the side or rear of those properties whose principal frontage is on a street.

BOULEVARD. The portion of the street right-of-way between the curb line and the

property line.

BUTT LOT. A lot at the end of a block and located between 2 corner lots.

BLOCK. An area of land within a subdivision that is entirely bounded by streets, or by

streets and the exterior boundary or boundaries of the subdivision, or a combination of the above

with a stream or water body.

COMPREHENSIVE DEVELOPMENT PLAN. The comprehensive plan prepared by the

Planning Commission indicating the general locations recommended for the various functional

classes of land use, places and structures, and for the general physical development of the city

and includes any unit or part of the plan separately adopted and any amendments to the plan or

parts thereof.

EASEMENT. A grant by a property owner for the use of a strip of land and for the purpose

of constructing and maintaining drives, utilities, including, but not limited to, wetlands, ponding

areas, sanitary sewers, watermains, electric lines, telephone lines, storm sewers, or storm

drainage ways and gas lines.

FINAL PLAT. The final map, drawing or chart on which the subdividers plan of

subdivision is presented for approval and which, if approved, will be submitted to the county

LOT. A parcel or portion of land designated by metes and bounds, a registered land survey,

auditor’s plats or other means and separated from other parcels or portions by the description for

the purpose of sale, lease, or separate use thereof.

LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or

improvement of the land on which they are situated constituting a physical betterment of real

property, or any part of the betterment. Certain LOT IMPROVEMENTS shall be properly

bonded as provided in these regulations.

MINIMUM SUBDIVISION DESIGN STANDARDS. The guides, principles and

specifications for the preparation of subdivision plans indicating, among other things, the

minimum and maximum dimensions of the various elements set forth in the preliminary plan.

MINOR SUBDIVISION. Any subdivision containing not more than 3 lots fronting on an

existing street, not involving any new street or road, or the extension of municipal facilities, or

the creation of any public improvements, and not adversely affecting the remainder of the parcel

or adjoining property, and not in conflict with any provision or portion of the comprehensive

plan or these regulations.

OFFICIAL MONUMENT. A marker established by the original Federal Land Survey for

use as a reference point in surveying and subdividing land.

OUTLOT. A remnant from a subdivision that is not a developable piece of property unless

replatted in accordance with city ordinances.

OWNER. Any person having sufficient proprietary interest in the land sought to be

subdivided to commence and maintain preceding to subdivide the same under these regulations.

PEDESTRIAN WAY. The right-of-way across or within a block, for use by pedestrian

traffic whether designated as a pedestrian way, crosswalk or however otherwise designated.

PERCENTAGE OF GRADE ON STREET CENTERLINE. The distance vertically from

the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance.

PLANNING COMMISSION. The Planning Commission of the City of Park Rapids.

PRELIMINARY PLAT. The preliminary plat map, drawing or chart indicating the

proposed layout of the subdivision to be submitted to the Planning Commission and City Council

for their consideration as compliance with the comprehensive development plan and these

regulations along with required supporting data.

PROTECTIVE COVENANTS. Contracts entered into between private parties constituting

a restriction on the use of all private property within a subdivision for the benefit of property

owners, and to provide mutual protection against undesirable aspects of development which

would tend to impair stability of values.

PUBLIC IMPROVEMENT. Any drainage ditch, roadway, parkway, sidewalk, pedestrian-

way, tree, lawn, off-street parking area, lot improvement, or other facility for which the city may

ultimately assume the responsibility for maintenance and operation, or which may affect an

improvement for which local government responsibility is established.

SETBACK LINE, BUILDING. A line within a lot which establishes the minimum distance

between the property lines and the nearest portion of an enclosed structure.

STREETS AND ALLEYS. Public ways and have the following meanings:

(1) ALLEY. A minor way which is used primarily for vehicular access to the back or

the side of properties abutting on a street.

(2) COLLECTOR STREET. A street which carries traffic from minor streets to

thoroughfares. It includes the principal entrance streets of a residential development and streets

for circulation within a development.

(3) CUL-DE-SAC. A minor street with only 1 outlet and having a turnaround.

(4) HALF STREET. A public right-of-way having only half the required width as

specified in § 151.213.

(5) MARGINAL ACCESS STREET. A minor street which is parallel and adjacent to

a thoroughfare and which provides access to abutting properties and protection from through

traffic.

(6) MINOR STREET. A street of limited continuity used primarily for access to the

abutting properties and the local needs of a neighborhood.

(7) PRIVATE STREET. A way for vehicular traffic which is not owned and

maintained by the city.

(8) STREET. A way for vehicular traffic, whether designated as a street, highway,

thoroughfare, parkway, throughway, road, avenue, lane, and place or however otherwise

designated.

(9) STREET WIDTH. The shortest distance between the lines delineating the right-

of-way of a street.

(10) THOROUGHFARE. A street which heavy volumes of fast moving vehicles are

provided for, having considerable continuity, and used primarily as traffic arteries for

intercommunication between large areas.

SUBDIVIDER. Any person commencing proceedings under the terms of this section to

effect a subdivision of land hereunder for himself, herself, or for another.

SUBDIVISION.

(1) The division of a parcel of land into 2 or more lots or parcels, any of which

resultant parcel is less than 5 acres in area or 300 feet in width, for the purpose of transfer of

ownership or building or development or, if a new street is involved, any division of a parcel of

land.

(2) The term includes resubdivision and, when appropriate to the context, relates to the

process of subdividing or to the land subdivided.

WATER RETENTION DEVICE OR AREA. Any constructed control device, ponding area

or stormwater pond, or a natural depression or wetland installed or planned for under a state

approved surface water management plan which provides for the temporary storage of

stormwater runoff, with the purpose of replicating, pre-development hydrologic conditions and

retaining sediment and/or nutrients.

(Prior Code, § 66-213) (Am. Ord. 417, passed 11-29-2004; Am. Ord. 491, passed 5-22-2007)

§ 151.208 GENERAL PROVISIONS.

Unless approved as a final plat as provided herein, no subdivision shall be entitled to record

in the County Recorder’s office or have any validity, and the building official shall not issue

building permits for any structure on a lot in any proposed subdivision. The Council shall not

permit any public improvements to be installed unless the preliminary plat is approved and shall

not permit any connection of services until approval of the final plat and recording of same.

(Prior Code, § 66-214) Penalty, see § 151.999

§ 151.209 PROCEDURES.

(A) Plat approval. The procedure for plat approval is set forth in this section.

(B) Sketch plan.

(1) Subdivider’s are invited to prepare, for review with the Planning Commission, City

Engineer and others as the Planning Commission may direct, a proposed subdivision sketch plan

which, in order to be most useful, shall contain the following information:

(a) Site location map showing streets, school locations, commercial centers and

other significant developments;

(b) Tract boundaries;

(d) Streets within and adjacent to tract;

(e) Topography and physical features;

(f) Proposed general street design; and

(g) Proposed lot size and orientation.

(2) The sketch plan will be considered as the basis for discussion between the

subdivider and the Planning Commission. Submission of the sketch plan shall not constitute

formal filing of a preliminary plan. If desired by either the Planning Commission or the

subdivider, the sketch plan may be submitted to the Planning Commission for their unofficial

review and comments, the intent of which shall be to point out any deficiencies in the plan and to

recommend any modifications necessary to bring the plan into conformance with this section.

(1) Before dividing any tract of land into 2 or more lots or parcels, an owner or

subdivider shall, unless a variance is authorized, file with the City Planner:

(a) Ten copies of the preliminary plat and one 11 inches by 17 inches copy.

(b) A subdivision fee per the city fee schedule, as adopted and amended from time

to time by the City Council. This fee shall be used for public expenses in connection with the

approval or disapproval of the plan and final plat that may thereafter be submitted. Each final

plat submitted except the first as a part of the approved preliminary plan, may require an

additional fee of $50.

(d) If the subdivider requests or the Council requires that any existing special

assessments which have been levied against the premises described in the subdivision be divided

and allocated to the respective lots in the subdivision plat, the City Clerk shall estimate the

clerical cost of preparing the revised assessment roll, filing the same with the County Auditor,

and making the division and allocation, and upon approval by the Council of the estimated cost,

the same shall be paid to the City Clerk in addition to the fees mentioned in division (b) above to

cover the cost of preparing and filing of the revised assessment.

(e) The subdivider shall fill out a subdivision application blank available at the

office of the City Planner.

(2) The Planning Commission shall consider the preliminary plat officially filed after

the City Planner has examined it and advised the Planning Commission that it is in proper form.

(3) On the same date that the City Planner places the preliminary plat on file, the City

Planner shall:

(a) Set a date for a public hearing on the preliminary plat, subject to division (4)

below. The City Planner shall cause notice of the hearing to be sent by mail to all property

owners of record within 350 feet of the proposed subdivision boundaries at least 10 days prior to

the hearing. In addition, notice of the hearing shall be published in the official newspaper at

least 10 days prior to the hearing. The Planning Commission shall hold the public hearing at 1 of

its regular meeting dates.

(b) Refer 1 copy of the preliminary plat to the Street and Water Department for

examination and report and 1 copy to the City Engineer for his or her examination and report, 1

copy to the Hubbard County Wetlands Coordinator for his or her examination and report, and 1

copy to the school district. Copies of the report of the City Engineer shall be given to the

Planning Commission prior to the public hearing.

(4) The Planning Commission shall make its report to the Council within 60 days

except in cases where the applicant requests additional time to adjust or count the plats.

(5) The Council shall act on the preliminary plat within 60 days of the date on which it

was received from the Planning Commission.

(6) If the preliminary plat is not approved by the Council the reasons for the action

shall be recorded in the proceedings of the Council and transmitted to the applicant. If the

preliminary plat is approved, the approval shall not constitute final acceptance of the subdivision.

(7) Should the subdivider desire to amend the preliminary plat as approved, he or she

may resubmit the amended plan which shall follow the same procedure except for the hearing

and fee, unless the amendment is, in the opinion of the Planning Commission, of the scope as to

constitute a new plat, in which case it shall be refiled.

(D) Final plat.

(1) The owner or subdivider shall file 10 copies of the final plat with the Planning

Commission not later than 6 months after the date of approval of the preliminary plat by the

Council; otherwise, the preliminary plat will be considered void unless an extension is requested

in writing by the subdivider and for good cause granted by the Council. One 11 inches by 17

inches copy of the final plat shall also be submitted.

(2) The final plat will have incorporated all changes or modifications approved in the

preliminary plat; in all other respects, it shall conform to the preliminary plat. It may constitute

only that portion of the approved preliminary plat which the subdivider proposed to record and

develop at the time, provided that the portion conforms with all the requirements of this section.

(3) The Planning Commission shall consider the final plat officially filed after the City

Planner has examined it and advised the Planning Commission that it is in proper form.

(4) On the same date that the final plat is placed on file, the City Planner shall refer 2

copies of the final plat to the Planning Commission, 3 copies to the City Engineer and 1 copy

each to the telephone, gas, and electric companies. The procedure and timing for processing the

final plat shall be the same as for the preliminary plat except that no public hearing is required in

processing the final plat.

(5) If the final plat is approved by the Council, the subdivider shall record it with the

County Recorder within 6 months after the date of approval; and if not so filed, the approval of

the final plat shall be void and of no effect.

(6) The subdivider shall furnish the following specified types of copies of the final plat

to the persons listed below:

Hubbard County Recorder

1 copy on mylar

Hubbard County Auditor

1 copy on paper

Hubbard County Engineer

1 copy on paper

City Engineer

1 copy on transparent linen or mylar

1 copy on film positive at 1 inch equals 200 feet

A digital copy (when available) with information from the

preliminary and final plat included

(E) Land division. In any case where the division of a parcel of land into 2 or more lots or

parcels for the purpose of transfer of ownership or building development does not come within

the definition of a subdivision, a description of the land division shall be filed with the Planning

Commission which shall submit copies of the division to the Council and City Engineer. No

building permit may be issued until the description has been received by the City Planner.

(F) Absence of utilities. In areas which cannot reasonably be served by public water and

sanitary sewer, and the service cannot be expected within a 5 year period, no residential lot shall

be developed for residential purposes unless it contains at least 1 acre of land area regardless of

the lot area requirements of prevailing zoning regulations. Where public water and sanitary

sewer is not available and individual wells and disposal systems are to be utilized, the subdivider

may be required to submit the results of tests to ascertain subsurface soil, rock, and ground water

conditions.

(Prior Code, § 66-215) (Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999

§ 151.210 NECESSARY DATA FOR PRELIMINARY PLAT.

(A) Size.

(1) The preliminary plat shall be clearly and legibly drawn.

(2) The size of the map shall not be less than 12 inches by 18 inches.

(3) All subdivision maps shall be drawn at a scale not smaller than a scale of 1 inch

equals 100 feet, unless otherwise required by the Council.

(B) Information required. The preliminary plat of the proposed subdivision shall contain or

have attached thereto the following information:

(1) Identification and description.

(a) Proposed name of subdivision, which name shall not duplicate or be alike in

pronunciation of the name of any plat theretofore recorded in the County of Hubbard;

(b) Legal description of property to be platted and a survey prepared by a surveyor

registered in the State of Minnesota;

plan;

(d) North arrow and scale; and

(e) Date of preparation.

(2) Existing conditions.

(a) Boundary line of proposed subdivision clearly indicated;

(b) Existing zoning classification;

(d) Location, widths, and names of all existing or previously platted streets or other

public ways, showing the type, width and condition of improvements, if any, and utility right-of-

ways, parks and other public open space, permanent buildings and structures, easements and

section and corporate lines within the proposed subdivision and to a distance of 100 feet beyond

the proposed subdivision;

(e) Location and size of existing sewers, water mains, culverts or other

underground facilities within the proposed subdivision and to a distance of 100 feet beyond the

proposed subdivision. This data as grades, invert elevations and locations of catch basin,

manholes, and hydrants shall also be shown;

(f) Boundary lines of adjoining unsubdivided or subdivided land within 100 feet

of the proposed subdivision, the land to be identified by name and ownership;

(g) Topographic data, including an area 300 feet beyond the boundaries of the

proposed subdivision, with a vertical contour interval of not more than 2 feet. Water courses,

marshes, wooded areas, rock outcrops, power transmission poles and lines and other significant

features shall also be shown. United States Geographic Survey data shall be used for all

topographic mapping. In the case of a subdivision where no new street is involved, the required

topographic map may be waived if it is deemed unnecessary by the City Engineer and the

Planning Commission;

(h) In shoreland areas, a line or contour representing the ordinary high water level,

the “toe” and the “top” of bluffs, and the minimum building setback distances from the top of the

bluff and the lake or river; and

(i) A plan for soil erosion and sediment control both during construction and after

development has been completed. The plan shall include gradients of waterways, design of

velocity and erosion control measures, design of sediment control measures, and landscaping of

the erosion and sediment control system.

(3) Subdivision design features.

(a) Layout of proposed streets, showing right-of-way widths and proposed names

of streets;

(b) Location and widths of proposed pedestrian ways and utility easements;

an indication as to the method of disposing of the proposed stormwater runoff;

(d) Approximate centerline gradients of proposed streets;

(e) Locations, size, and approximate gradient of proposed sewer lines, water

mains, and service connections;

(f) Layout, numbers, and preliminary dimensions of lots and blocks;

(g) Minimum front and side street building setback lines, indicating dimensions;

and

(h) Areas, other than streets, pedestrian ways, and utility easements intended to be

dedicated or preserved for public use, including the size of the area or areas in acres.

(4) Other information.

(a) Statement of the proposed use of lots, stating the type of residential buildings,

with the number of proposed dwelling units; the type of business or industry so as to reveal the

effect of the development on traffic, fire hazards, or congestion of population;

(b) Proposed restrictive covenants and a copy of any restrictive covenants

pertaining to adjacent properties;

(d) Provisions for sewage disposal, drainage, and flood control;

(e) If any zoning changes are contemplated, indicate the proposed zoning plan for

the area, including dimensions;

(f) Where the subdivider owns property adjacent to that which is being proposed

for the subdivision, the Planning Commission may require that the subdivider submit a

preliminary plan for the remainder of the property so as to show the possible relationships

between the proposed subdivision and any future subdivisions. In any event, all subdivisions

must be shown to relate well with existing or potential adjacent subdivisions; and

(g) Potential resubdivision and use of excessively deep (over 200 feet) lots must

be indicated in a satisfactory manner.

(Prior Code, § 66-216) Penalty, see § 151.999

§ 151.211 QUALIFICATION GOVERNING APPROVAL OF PRELIMINARY PLAN.

(A) Conditional report.

(1) If a proposed subdivision fails to meet the requirements set forth in this section, the

Planning Commission may submit a conditional report to the Council, listing those items in

which the proposed subdivision is deficient.

(2) The Council may then, at its discretion, require that the subdivider make any and

all necessary changes in the preliminary plan in order to bring it into compliance with the

requirements of this section.

(B) Tentative approval. The approval of a preliminary plan by the Planning Commission

and Council is tentative only, involving merely the general acceptability of the layout as

submitted, and is not to be construed as approval of the final subdivision plan.

supply, storm drainage, sewerage and sewage disposal, sidewalks, gas and electric service,

grading, gradients and roadway widths and the surfacing of streets will be required by the

Council and by other public officials having jurisdiction in the matters, prior to the approval of

the final plat by the city.

(D) Flood prone areas. No plan will be approved for a subdivision which covers an area

subject to periodic flooding or which contains extremely poor drainage facilities and which

would make adequate drainage of the streets and lots impossible, unless the subdivider agrees to

make improvements which will, in the opinion of the City Engineer, make the area completely

safe for occupancy and provide adequate street and lot drainage.

(E) Sewers. No plat will be accepted that cannot be adequately served with sanitary sewers

or other approved disposal systems.

(Prior Code, § 66-217) Penalty, see § 151.999

§ 151.212 NECESSARY DATA FOR FINAL PLAT.

(A) General. The final plat shall be prepared by a land surveyor who is registered in the

State of Minnesota and shall conform to all state and county requirements and the requirements

of this section. For the final plat to be considered it must be accompanied by a letter from a

Minnesota registered land surveyor, other than the surveyor drafting the plat, stating that the

proposed plat is in conformance with existing laws and that all mathematical computations are

correct. In any event, the data shown on the final plat shall comply with provisions of law.

(B) Forms of approval.

(1) Form for approval by Council is as follows:

Approved by the City Council of the City of Park Rapids, Minnesota, this

___ day of ____, 20__.

Signed: ___________________________

Mayor

Attest: ____________________________

City Clerk

Zoning 119

(2) Form for approval by Planning Commission is as follows:

Approved by the Planning Commission of the City of Park Rapids,

Minnesota, this ___ day of ___________, 20__.

Signed: ____________________________

Chair

Attest: ____________________________

Secretary

(Prior Code, § 66-218) Penalty, see § 151.999

§ 151.213 MINIMUM SUBDIVISION DESIGN STANDARDS.

(A) Conformity with the comprehensive development plan. The proposed subdivision shall

conform to the comprehensive development plan.

(B) Street plan. The arrangement, character, extent, width, grade and location of all streets

shall conform to the comprehensive development plan and to this section, and shall be

considered in their relation to existing and planned streets, to reasonable circulation of traffic, to

topographical conditions, to drainage patterns, to public convenience and safety and in their

appropriate relationship to the proposed uses of the land and land to be served by these streets.

Names of new streets shall not duplicate existing or platted streets.

(1) Continuation of existing streets. The arrangement of streets in new subdivisions

shall make provisions for the appropriate continuation of the existing streets in adjoining areas.

When new streets are extensions of existing streets or in alignment with the existing or platted

street, the new streets shall be at the same or greater width than the existing streets, but in no

case may a new street be less than the minimum width required by this section. Streets which

are an extension of existing streets or in alignment with the existing or platted street, shall have

the same name as the existing street.

(2) Future projection of streets. Where adjoining areas are not subdivided but may be

subdivided, the arrangement of streets in a new subdivision shall make provision for the proper

projection of streets into adjoining areas by carrying the new streets to the boundaries of the new

subdivision at the appropriate locations.

(3) Widths. All right-of-way widths and pavement widths (face to face of curb) shall

be not less than the following dimensions:

Classification

Roadway Width

Right-of-Way

Arterial and collector

44 - 48 feet

80 feet

Local

36 feet

66 feet

Alleys (Commercial)

20 feet

24 feet

Alleys (Residential)

16 feet

20 feet

Pedestrian

6 feet

10 feet

(4) Deflection. The angle of intersection between any 2 streets shall not vary by more

than 10 degrees from a right angle.

(5) Grades. All centerline gradients shall be at least .5% wherever feasible and shall

not exceed the following:

Classification

Grade (Percent)

Arterials

Collector

Local

Minor streets, alleys

(6) Vertical curves. Different connecting street gradients shall be connected with

vertical curves. Minimum lengths of these curves shall conform to the standards specified in

Table A, Sheet 5-291.231 of the Minnesota Highway Road Design Manual as amended.

(7) Street jogs. Street jogs shall have a centerline offset of 150 feet or more when

applied to minor streets or marginal access streets; in all other cases, they shall be avoided.

(8) Minor streets. Minor streets shall be so aligned as to discourage their use by

through traffic.

(9) Cul-de-sacs. The maximum length of cul-de-sac streets shall be 500 feet measured

along the centerline from the intersection of origin to the end of the right-of-way and terminated

with a diameter of 120 feet.

(10) Marginal access streets.

(a) Where a subdivision abuts or contains an existing or planned major

thoroughfare, the Council may require a street approximately parallel to and on either side of the

right-of-way for adequate protection of residential properties and to afford separation of through

and local traffic.

(b) The marginal access streets shall be located at a distance from the major

thoroughfare right-of-way as to allow for the appropriate use of the intervening land, as for park

purposes in residential districts, or for commercial or industrial purposes in the appropriate

districts.

approach grades and future grade separations.

(11) Half streets.

(a) Half streets shall be prohibited, except where essential to the reasonable

development of the subdivision in conformity with the other requirements of this section; and

except where the Council finds it will be practicable to require the dedication of the other half of

the street when the adjoining property is subdivided.

(b) Wherever there is a half street adjacent to a tract to be subdivided, the other

half of the street shall be platted within the tract.

(12) Reserve strips. Reserve strips controlling access to streets shall be prohibited.

(13) Private streets. Private streets shall not be approved nor shall public improvements

be approved for any private street.

(14) Hardship to owners of adjoining property avoided. The street arrangements shall

not be so as to cause hardship to owners of adjoining property in platting their own land and

providing convenient access to it.

(1) Location requirements. Either a public or private alley shall be provided in a block

where commercially zoned property abuts a major or local thoroughfare.

(2) Widths. All alley right-of-ways and pavement widths shall conform to the

following minimum standards:

Classification

Right-of-Way

Pavement

Industrial/Commercial

24 feet

20 feet

Residential (2-way)

20 feet

16 feet

(3) Grades. All centerline gradients shall be at least .5% but not more than 8%.

(D) Intersections.

(1) Angle of intersection. The angle formed by intersecting streets shall not be less

than 60 degrees when measured at the acute angle formed by the intersecting centerlines. An

angle of 90 degrees is preferred.

(2) Size of intersection. Intersections of more than 4 corners are prohibited.

(3) Corner radii. Roadways of street intersections at the curb shall be rounded by a

radius of not less than 20 feet. Roadways of alley-street intersections shall be rounded by a

radius of not less than 10 feet. Corners at the entrance to the turnaround portions of cul-de-sacs

shall be rounded by a radius of not less than 15 feet.

(E) Water supply. Extensions of the public water supply system shall be designed so as to

provide public water service to each lot. The design of the extensions shall be in accordance

with the standards of the city.

(F) Sewage disposal. Extension of the public sanitary sewer system shall be designed so as

to provide sewer service to each lot. The design of the extensions shall be in accordance with the

applicable standards of the city, county, and state.

(G) Drainage. A complete and adequate drainage system for the subdivision shall be

designed and shall include a storm sewer system or a system of open ditches, culverts, pipes, and

catch basins. The system or systems shall be designed in conformity with all applicable

standards of the city.

(H) Easements.

(1) Utilities. Easements at least 12 feet wide, centered on rear and other lot lines, shall

be provided for utilities where necessary and shall be dedicated to the public by appropriate

language in the plat. They shall have continuity of alignment from block to block and at

deflection points, easements for pole-line anchors shall be provided where necessary. Easements

shall be provided along property lines from utility easements on rear lots lines to right-of-way so

as to provide for a street light interval not to exceed 500 feet.

(2) Drainage. Easements shall be provided along each side of the centerline of any

water course or drainage channel whether or not shown in the comprehensive development plan,

to a width sufficient to provide proper maintenance and protection and to provide for stormwater

runoff and installation and maintenance of storm sewers, and they shall be dedicated to the city

by appropriate language in the plat.

(I) Blocks.

(1) Factors governing dimensions. Block length and width or acreage within

bordering streets shall be so as to accommodate the size of residential lot required in the area by

the Zoning Chapter and to provide for convenient access, circulation control, and safety of street

traffic.

(2) Length. Block lengths shall not exceed 1,300 feet.

(3) Arrangements. A block shall be so designed as to provide 2 tiers of lots, unless it

adjoins the Heartland Trail, Fish Hook River or a lake, or a major thoroughfare, where it may

have a single tier of lots.

(J) Lots.

(1) Location. All lots shall abut by their full frontage on a publicly dedicated street or

a street that has received legal status as such.

(2) Size. The dimensions of lots in a subdivision shall not be less than the minimum

dimensions specified under the appropriate district requirements in the City Zoning Chapter.

(3) Butt lots. Butt lots shall be platted at least 5 feet wider than the average width of

interior lots in the block.

(4) Side lot lines. Side lines of lots shall be substantially at right angles to the street

line.

(5) Water courses. Lots abutting upon a water course, drainage way, channel or stream

shall be required to abide by the regulations of the shoreland provision of the Zoning Chapter.

(6) Natural features. In the subdivision of any land, due regard shall be shown for all

natural features such as tree growth, water courses, historic spots or similar conditions which, if

preserved, will add attractiveness and stability to the proposed development.

(7) Lot remnants. All remnants of lots below minimum size left over after subdividing

of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels.

(8) Lots along thoroughfares. Except in those cases where there are extenuating

circumstances, residential lots shall not front on major thoroughfares.

(Prior Code, § 66-219) Penalty, see § 151.999

§ 151.214 PARK DEDICATION, OPEN SPACES AND PUBLIC USES.

(A) Authority.

(1) Pursuant to M.S. 462.358, as it may be amended from time to time, the City

Council, upon recommendations by the Planning Commission, shall require all subdividers

requesting platting or replatting of land in the City of Park Rapids to contribute 5% of final gross

area of the subdivision to be dedicated to the public for their use as either parks, playgrounds,

public open space, trail systems; or to contribute an equivalent amount of cash, or any

combination thereof.

(2) The form of contribution (cash, land, or any combination thereof) shall be decided

by the City Council upon recommendation of the Planning Commission.

(3) Stormwater ponding areas may be incorporated into the park land but shall not be

consider a part of the park land dedication.

(B) Conditions for contribution for dedication. It shall be deemed in the public interest to

require land dedication, cash contribution or any combination thereof when the City Council,

after review and recommendation, makes 1 or more of the following findings of fact:

(1) The contribution is necessary in order to protect adjacent land uses from potential

conflicting land uses which could exist on the land being subdivided.

(2) Increased number of residents to reside or be employed within the subdivision will

increase the recreational demands upon the city.

(3) The contribution is necessary to provide surface water run off generated by the use

proposed within the subdivision.

(4) The land proposed to be subdivided contains or borders upon existing unique

topographical features including but not limited to ponds, lakes, streams, timber stands, water

holding areas, hills, steep slopes, drainage areas or bluffs which should be preserved to prevent

foreseeable safety, pollution, or erosion hazards or to provide unique recreational and aesthetic

qualities and enjoyment for the City of Park Rapids.

(5) The contribution is necessary to comply with or fulfill the goals, policies, and plans

of the city.

(1) The City Council shall require the subdivider to dedicate 5% of the final plat gross

area or contribute an equivalent amount of cash, or any combination thereof to be used for either

park, open space or trail purposes.

(2) Land dedication will only be accepted if the property is consistent with the city’s

recreation or other related plans. In the absence of these plans or if the proposed dedicated land

is inconsistent with the appropriate city plans, cash contribution shall be mandatory.

(D) Procedure for cash contribution.

(1) Any cash contribution shall be based on 5% of the estimated fair market value of

the undeveloped land of the final plat area.

(2) For purposes of this division, FAIR MARKET VALUE OF UNDEVELOPED

LAND is defined as fair market value of the undeveloped portion of the proposed gross platted

area at the time of final plat submittal. The value shall exclude any value to be added to the land

as a result of improvements required as part of the final plat approval, including utilities, streets,

holding ponds and other public improvements serving the land. The fair market value as

determined by the City Council shall be based upon a current appraisal submitted to the city by a

qualified real estate appraiser at a fair market value or by reference to the estimated market value

as determined by the Hubbard County Assessor or by market analysis or other qualified opinion

from a non-certified appraiser. The cost of the appraisal shall be originally paid by the city and

then paid to the city from the cash contribution amount paid by the subdivider. If the subdivider

disputes the accepted appraisal, the subdivider at his or her own expense may obtain a second

appraisal of the property, which may, at the option of the City Council, be accepted by the City

Council as being an accurate appraisal of the property in question. If the city rejects the

subdivider’s second appraisal, the amount of the cash contribution shall be settled by arbitration

between the subdivider and the City Administrator. All revenue obtained as park dedication fees

shall be placed in the city’s park land dedication account.

(E) Land dedication. In cases where the subdivider is required to dedicate land area, the

City Council shall have the right to determine the geographic location and configuration of the

dedication.

(F) Delayed dedication or contribution. At the time of preliminary plat approval, the

subdivider shall commit to the park dedication policy. The subdivider shall be required to pay

the dedication prior to the filing of the final plat.

(G) Exceptions for outlots. In subdivisions which include outlots, the subdivider may

contribute land, cash, or any combination thereof for the entire subdivision, including land within

the outlots, or for only that land exclusive of the outlots. When the outlots are subdivided, the

contribution requirement shall be met in accordance with then existing regulations as applicable,

unless the contributions have been previously met.

(H) Resubdivision credit. In a subdivision of any parcel of land which previously has been

subdivided and previously subjected to a cash contribution of land dedication, the amount of the

land dedication or cash contribution previously received or dedicated shall be a credit against any

new contributions or dedication required for resubdivision.

(I) Commercial or industrial subdivisions. The City Council may waive the requirements

of this section for commercial or industrial subdivisions or resubdivisions when it is found the

waiver is in the best interest for the City of Park Rapids.

(Prior Code, § 66-220) (Ord. 346, passed 6-12-2001; Am. Ord. 400, passed 11-25-2003; Am.

Ord. 418, passed 11-29-2004) Penalty, see § 151.999

§ 151.215 REQUIRED IMPROVEMENTS ON THE SITE.

Prior to the approval of a final plat by the Council, the subdivider shall have agreed, in the

manner

set forth in this section, to install or pay for the installation in conformity with all applicable

standards and provisions of this code, the following improvements on the site.

(A) Monuments. Monuments of a permanent character shall be placed in locations on the

boundary of the subdivision and within it as required.

(B) Street and alley improvement.

(1) Grading. The full width of the right-of-way of each street and alley dedicated in

the plat shall be graded.

(2) Pavement. All streets and alleys shall have an adequate subbase and shall be

improved with an all-weather, permanent surface. If the streets and alleys are not paved, Class V

gravel must be applied as approved by the City Engineer.

connections stubbed into the property line shall be provided to serve all the lots in residential

subdivisions and shall be connected to the existing city water and sewer system.

(D) Drainage. A system that will adequately take care of the water runoff within the

subdivision shall be provided. If the City Council, upon the recommendation of the City

Engineer, determines that it is feasible for the subdivider to install storm sewers connected to the

existing storm sewer system of the city within or adjacent to the subdivision, or an extension of

the city system which will be extended to the boundary of the subdivision within 18 months of

the filing of the final plat, the city shall install a storm sewer system to provide drainage. If a

storm sewer system is installed and connections to the city system are not immediately available,

the storm sewers shall be capped and temporary provisions made for drainage by other means.

The cost of storm sewers shall be assessed against the benefiting properties including those

which may lie outside the boundaries of the proposed subdivision.

(E) Street signs. Street signs shall be installed in all new subdivisions by the city.

(F) Underground electric service and phone service. The City Council may require that all

electric service and phone service installations be put underground except where extreme

conditions prohibit and a variance from this requirement is recommended by the Planning

Commission upon the advice of the utility companies.

(Prior Code, § 66-221) Penalty, see § 151.999

§ 151.216 DEVELOPMENT AGREEMENT FOR IMPROVEMENTS.

(A) Plans and specifications. Prior to installation of any required improvements and prior

to approval of the final plat, the subdivider shall enter into a contract in writing with the city

requiring the subdivider to furnish and construct the improvements at his or her sole cost and in

accordance with plans and specifications and usual contract conditions all approved by the

Council, which shall include provisions for supervision of details of construction by the City

Engineer and grant to the City Engineer authority to coordinate the work to be done under the

contract by any subcontractors authorized to proceed thereunder and with any other work being

done or contracted by the city in the vicinity. The agreement shall require the subdivider to

make an escrow deposit or, in lieu thereof, to furnish a performance bond as specified in division

(B) below, the amount of the deposit and the penal amount of the bond to be equal to the city

engineer’s estimate of the total cost of the improvements to be furnished under the contract,

including the cost of inspection by the city. On request of the subdivider, the contract may

provide for completion of part or all of the improvements covered thereby, prior to acceptance of

the plat, and in the event, the amount of the deposit or bond shall be reduced in an amount equal

to the estimated cost of the improvements to be furnished after the acceptance of the plat only.

The time for completion of the work and the several parts thereof shall be determined by the

Council upon recommendation of the City Engineer after consultation with the subdivider and

shall be reasonable in relation to the work to be done, the season of the year and proper

coordination with construction activities in the subdivision. The provisions of this section shall

be waived or amended as deemed appropriate by the City Council upon advice of the City

Engineer on those improvements which the city has agreed to install under the provisions of §

151.217.

(B) Financial guarantee. The contract required by this section shall require the subdivider

to make an escrow deposit or in lieu thereof, furnish a performance bond as follows.

(1) Escrow deposit. An escrow deposit shall be made with the City Clerk in an amount

equal to the total cost, as estimated by the City Engineer including the cost of inspection by the

city, of all the improvements to be furnished and installed by the subdivider pursuant to the

contract and which have not been completed prior to approval of the final plat. The city shall be

entitled to reimburse itself out of the deposit for any cost and expense incurred by the city for

completion of the work in case of default of the subdivider under the contract, and for any

damages sustained by the city on account of any breach thereof. Upon completion of the work

and termination of any liability to the city of the subdivider under this contract, the balance

remaining in the deposit shall be refunded to the subdivider.

(2) Performance bond. In lieu of making the escrow deposit above described, the

subdivider may furnish the city with a public contractor’s performance bond in the form

prescribed by statute, with corporate surety, in a penal sum equal to the total cost, as estimated

by the City Engineer including the cost of inspection by the city, of all of the improvements to be

furnished and installed by the subdivider pursuant to the contract and which have not been

completed prior to approval of the final plat. The bond shall be approved by the City Attorney

and filed with the City Clerk.

(3) Construction plans. Construction plans for the required improvements, conforming

to all respects with the standards of the City Engineer and this code, shall be prepared at the

subdivider’s expense by a professional engineer who is registered in the State of Minnesota and

shall contain his or her seal. The plans, together with the quantities of construction items, shall

be submitted to the City Engineer for his or her estimate of the total cost of the required

improvements. Upon approval they shall become a part of the contract required in division (A)

above. The tracings of the plans approved by the City Engineer plus 2 prints shall be furnished

to the city to be filed by the City Engineer as a record in the Engineering Department.

(4) Inspection. All required improvements on the site that are to be installed under the

provisions of this section shall be inspected during the course of construction by the City

Engineer at the subdivider’s expense, and acceptance shall be subject to the City Engineer’s

certificate of compliance with the contract.

subdivision which have been completed prior to application for approval of the final plat or

execution of the contract for installation of the required improvements shall be accepted and

equivalent improvements in compliance with the requirements of this section if the City

Engineer certifies that he or she has determined that the existing improvements conform to

applicable city standards.

(Prior Code, § 66-222) Penalty, see § 151.999

§ 151.217 OPTIONAL CITY CONSTRUCTION PERMITTED.

(A) Petition.

(1) In lieu of doing the actual construction work on improvements required to be made

by the subdivider under this subchapter, the subdivider may petition the city to do the

construction work required.

(2) The petition shall include a request that the benefited property be assessed for the

cost of the improvements where appropriate.

(3) The petition shall be presented to the city by September 1 for construction during

the next season.

(4) The option shall apply to streets, alleys, curb and gutters, water and sanitary sewer

facilities.

(5) In no event shall the construction result in a cost to be borne by the taxpayers of the

city generally, except in those cases where part of the benefit of the construction is deemed by

the City Council to extend beyond the properties contained in the proposed subdivision.

(B) Payment for installation of improvements.

(1) Improvements required by this subchapter are to be furnished and installed at the

sole expense of the subdivider and at no expense to the city, unless otherwise stated.

(2) In the case of an improvement the cost of which would, by general policy of the

Council, be assessed only in part to the improved property and the remaining cost paid out of the

general tax levy, the Council may make provisions for payment of a portion of the cost by the

subdivider and the remaining portion of the cost by the city, and provided further, that if any

improvement installed within the subdivision, the Council may make provision for causing a

portion of the cost of the same and in the case the subdivider will be required only to pay for the

portion of the whole cost of the improvement as will represent the benefit to the property within

the subdivision.

(Prior Code, § 66-223)

§ 151.218 MODIFICATION, EXCEPTIONS, AND VARIANCES.

(A) Minor subdivisions. In the case of a subdivision of small size and of minor importance,

situated in a locality where conditions are well defined, the city may exempt the subdivider from

complying with some of the requirements of this section. In the case of a request to divide a lot

which is a part of a recorded plat where the division is to permit the adding of a parcel of land to

an abutting lot or to create 2 lots and the newly created property line will not cause the other

remaining portion of the lot to be in violation with this section or the Zoning Chapter, the

division may be approved by the City Council after submission of a survey by a registered land

surveyor showing the original lot and the proposed subdivision.

(B) Variances. The Council may grant a variance upon receiving a report from the

Planning Commission in any particular case where the subdivider can show that, by reason of

exceptional topography or other physical conditions, the strict compliance with these regulations

could cause an exceptional and undue hardship on the enjoyment of a substantial property right,

provided the relief may be granted without detriment to the public welfare and without impairing

the intent and purpose of this section.

subdivider at the time when the preliminary plat is filed for consideration by the Council, stating

fully all facts relied upon by the petitioner and supplemented with maps, plans or other additional

data which may aid the

Planning Commission and Council in the analysis of the proposed project. The plans for the

development shall include covenants, restrictions or other legal provisions necessary to guarantee

the full achievement of the plan. Any variance or modification thus granted shall be recorded in

resolution form and entered in the minutes of the Council setting forth the reasons which

justified the action taken.

(Prior Code, § 66-224)

§ 151.219 BUILDING PERMITS.

No building permits shall be issued for construction on any lot until the final plat has been

recorded.

(Prior Code, § 66-225) Penalty, see § 151.999

§ 151.220 COPIES OF PLAT.

Copies of all plats or subdivisions, after the same have been submitted and approved as

provided in this subchapter, shall be filed with the City Engineer.

(Prior Code, § 66-226) Penalty, see § 151.999

§ 151.221 CONVEYANCE BY METES AND BOUNDS.

No conveyance of land shall be filed which fails to meet the requirements set forth in state

law.

(Prior Code, § 66-227) (Ord. passed 1994) Penalty, see § 151.999

§ 151.222 PLANNED UNIT DEVELOPMENT REVIEW.

(A) Planned Unit Developments (PUD’s) area allowed as conditional uses for new projects

on undeveloped land, redevelopment of previously built sites, or conversions of existing

buildings and land in those management districts where specifically identified in §§ 151.055 et

seq. Planned Unit Developments shall be processed as a conditional use, except that an

expansion to an existing Commercial PUD involving 6 or fewer new dwelling units or sites since

the date of enactment of this chapter is allowed as a permitted use provided that the total project

density does not exceed the allowable densities as prescribed in this section. Approval shall not

occur until the environmental review process (EAW/EIS) has been completed, as required by

Minnesota Environmental Quality Board rules.

(B) (1) An applicant for a PUD shall submit the following documents to the Zoning

Administrator prior to final action being taken on the application request. A site plan and/or plat

for the project showing:

(a) The boundary of the proposed development;

(b) Surface water features and other natural and manmade features;

the location of existing and proposed sewage treatment and water supply systems; and

(d) Topographic contours at a minimum of 10 foot intervals.

(2) A PUD that combines commercial and residential structures shall indicate and

distinguish which buildings and portions of a project are commercial, residential, or a

combination of the 2.

with mandatory membership, all in accordance with the maintenance and administrative

requirements prescribed in § 151.225 of the code.

(D) Deed restrictions, covenants, permanent easements or other instruments that:

(1) Properly address future vegetative and topographic alterations; construction of

additional buildings; beaching of watercraft; and construction of commercial buildings in

residential PUD’s; and

(2) Ensure the long-term preservation and maintenance of open space in accordance

with the criteria and analysis specified in the maintenance and administrative requirements of

this section.

(E) For Commercial Planned Unit Developments and for commercial structures within a

Residential Planned Unit Development, a master plan/drawing describing the proposed project

and the floor plan for all commercial structures to be occupied.

(F) Any additional documents as requested by the Park Rapids Planning Commission that

are necessary to explain how the PUD will be designed and will function.

(Prior Code, § 66-228) (Ord. passed 1994; Am. Ord. 370, passed 9-11-2002)

§ 151.223 PUD SITE SUITABILITY EVALUATION.

(A) Proposed new, or expansions to existing, Planned Unit Developments shall be evaluated

using the following procedures and standards to determine the suitable area for the dwelling

unit/dwelling site evaluation.

(B) The project parcel must be divided into tiers by locating 1 or more lines approximately

parallel to a line that identifies the ordinary high water level at the following intervals,

proceeding landward:

Public Water Classification

Tier Interval

Unsewered Natural Environment Lake Lots

400 feet

Sewered Natural Environment Lake Lots

320 feet

132 Park Rapids - Land Usage

Public Water Classification

Tier Interval

Unsewered Recreational Development Lake Lots

267 feet

Sewered Recreational Development Lake Lots

267 feet

Tributaries

300 feet

all wetlands, bluffs, and land below the ordinary high water level of public waters.

(2) This suitable area and the proposed development are then subjected to either the

Residential or Commercial Planned Unit Development density evaluation steps to arrive at an

allowable number of dwelling units or sites within each tier.

(Prior Code, § 66-229) (Ord. passed 1994; Am. Ord. 370, passed 9-11-2002)

§ 151.224 RESIDENTIAL AND COMMERCIAL PUD DENSITY EVALUATION.

The procedures for determining the allowable density of Residential and Commercial

Planned Unit Development are as follows. Allowable densities may be transferred from a tier to

any other tier farther from the public water, but shall not be transferred to any tier closer to the

public water.

(A) To determine the allowable density for Residential Planned Unit Developments:

(1) For lakes or tributaries, the suitable area within each tier is divided by the single

residential lot size standard for the applicable management district.

(2) Proposed locations and numbers of dwelling units or sites for the residential

Planned Unit Developments are then compared with the tier, density, and suitability analyses

herein and the maintenance and design criteria prescribed in § 151.225. All Residential Planned

Unit Developments must contain at least 5 dwelling units or sites.

(3) (a) Dwelling unit or site density increases above the densities determined in the

evaluation may be permitted if all dimensional standards in § 151.069 are met or exceeded.

Maximum density increases may only be allowed if all maintenance and design criteria in §

151.225 are also met or exceeded. Increases in dwelling unit or site densities must not exceed the

maximums in the following table. Allowable densities may be transferred from any tier to any

other tier further from the shoreland water body or watercourse, but must not be transferred to

any other tier closer to the water body.

Zoning 133

(b) Maximum allowable dwelling unit or site density increases for Residential

Planned Unit Developments.

Density Evaluation Tiers Maximum Density Increase

Within Each Tier (Percent)

First

50%

Second

100%

Third

200%

Fourth

200%

Fifth

200%

(B) To determine the allowable density for Commercial Planned Unit Developments:

(1) The average inside living area size of dwelling units or sites is computed.

Computation of inside living area need not include decks, patios, stoops, steps, garages, porches,

or basements unless these areas are habitable space.

(2) The appropriate floor area ratio is then selected from the following table based

upon the average unit floor area for the appropriate public water classification.

Commercial Planned Unit Development*

Floor Area Ratio by Public Waters Classification

Average Unit Floor Area

(square feet)

Non-Shoreland Areas and

Tributaries

Recreational Development

Lakes

Natural Environment Lakes

200 or less

.040

.020

.010

300

.048

.024

.012

400

.056

.028

.014

500

.065

.032

.016

600

.072

.038

.019

700

.082

.042

.021

800

.091

.046

.023

900

.099

.050

.025

1,000

.108

.054

.027

134 Park Rapids - Land Usage

Commercial Planned Unit Development*

Floor Area Ratio by Public Waters Classification

Average Unit Floor Area

(square feet)

Non-Shoreland Areas and

Tributaries

Recreational Development

Lakes

Natural Environment Lakes

1,100

.116

.058

.029

1,200

.125

.064

.032

1,300

.133

.068

.034

1,400

.142

.072

.036

1,500 or more

.150

.075

.038

*For recreational camping areas, use the ratios listed for average floor area of 400 square feet. Manufactured home sites in

recreational areas

shall use a ratio equal to the size of the manufactured home, or if known shall use the ratio listed for the

average floored area of 1,000 square feet.

(3) The suitable area within each tier is multiplied by the floor area ratio to yield the

total floor area in each tier allowed to be used for dwelling units or sites;

(4) The total floor area for each tier is divided by the average living area size to yield

the number of dwelling units or sites allowed for each tier;

(5) Proposed locations and numbers of dwelling units or sites for the Commercial

Planned Unit Developments are then compared with the tier, density, and suitability analyses

herein and the maintenance and design criteria prescribed in § 151.221.

(Prior Code, § 66-230) (Ord. passed 1994; Am. Ord. 370, passed 9-11-2002; Am. Ord. 375,

passed 11-26-2002; Am. Ord. 392, passed 8-12-2003) Penalty, see § 151.999

§ 151.225 PUD MAINTENANCE AND DESIGN CRITERIA.

(A) Before final approval of a Planned Unit Development may be granted, adequate

provisions must be developed for the preservation and maintenance of open spaces in perpetuity,

and for the continued existence and functioning of the development.

(B) Deed restrictions, covenants, permanent easements, public dedication and acceptance,

or other equally effective and permanent means shall be provided to ensure long-term

preservation and maintenance of open space. The instruments must include all of the following

protections:

(1) Commercial uses shall be prohibited in Residential Planned Unit Developments;

(2) Vegetative and topographic alterations, except for routine maintenance, shall be

prohibited;

Zoning 135

(3) Construction of additional buildings or the storage of vehicles and/or other

materials is prohibited; and

(4) Uncontrolled beaching of watercraft shall be prohibited.

with the following features:

(1) Membership shall be mandatory for each dwelling unit or site owner;

(2) Each member must pay a pro-rata share of the expenses of the association, and

unpaid assessments may become liens on units or sites;

(3) Assessments must be adjustable to accommodate changing conditions; and

(4) The association shall be responsible for insurance, taxes, and maintenance of all

commonly owned property and facilities.

(D) All Planned Unit Developments must contain open space meeting all of the following

criteria:

(1) At least 50% of the total project area must be preserved as open space;

(2) Dwelling units or sites, road rights-of-way, land covered by road surfaces, parking

areas, and structures are developed areas and shall not be included in the computation of open

space;

(3) Open space must include those areas with physical characteristic unsuitable for

development in their natural state, and areas containing significant historic sites or unplatted

cemeteries;

(4) Open space may include outdoor recreational facilities for use by owners of

dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the

general public;

(5) Open space may include subsurface sewage treatment systems provided the use of

the space is restricted to avoid adverse impacts on these systems;

(6) Open space must not include commercial facilities or uses;

(7) The appearance of open space areas, including topography, vegetation, and

allowable uses, must be preserved by use of restrictive deed covenants, permanent easements,

public dedication and acceptance, or other equally effective and permanent means; and

(8) The shore impact zone, based upon normal structure setbacks, must be included as

open space. For Residential Planned Unit Developments, at least 50% of the shore impact zone

of existing developments and at least 50% of the shore impact zone of existing preserved in its

natural or existing state. For Commercial Planned Unit Developments, at least 50% of the shore

impact zone must be preserved in its natural state.

(E) Erosion control and stormwater management plans must be developed and the PUD

must:

(1) Be designed, and the construction managed, to minimize the likelihood of serious

erosion occurring either during or after construction. This must be accomplished by limiting the

amount and length of time of bare ground exposure. Temporary ground covers, sediment

entrapment facilities, vegetative buffer strips, or other appropriate techniques must be used to

minimize erosion impacts on surface water features. Erosion control plans approved by the

Hubbard Soil and Water Conservation District may be required if warranted by project size

and/or the physical characteristics of the site; and

(2) Be designed and constructed to effectively manage reasonably expected quantities

of stormwater runoff. Impervious surface coverage within any tier must not exceed 25% of the

tier area.

(F) Centralization and design of facilities and structures must be done according to the

following standards:

(1) Planned unit developments must be connected to publicly owned water supply and

sewer systems, if available. On-site water supply and sewage must be centralized and designed

and installed to meet or exceed applicable standards or rules of the Minnesota Department of

Health and suitable areas of the development, and sufficient lawn area free of limiting factors

must be provided for a replacement soil treatment system for each sewage system;

(2) Dwelling units or sites must be clustered into 1 or more groups and located on

suitable areas of the development. They must be designed and located to meet or exceed the

following dimensional standards for the applicable shoreland classification; setback from the

ordinary high water level; elevation above the surface water features; and maximum height.

Setbacks from the ordinary high water level must be increased for developments with density

increases. Maximum density increases may only be allowed if structure setbacks from the

ordinary high water level are increased to at least 50% greater than the minimum setbacks, or the

impact on the waterbody is reduced an equivalent amount through vegetative management,

topography, or additional means acceptable to the local unit of government and the setback is at

least 25% greater than the minimum setback;

(3) Shore recreation facilities, including but not limited to swimming areas, docks and

watercraft mooring areas and launching ramps must be centralized and located in suitable areas.

Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils,

depth to groundwater and bedrock, or other relevant factors. The number of spaces provided for

continuous beaching, mooring, or docking of watercraft must not exceed 1 for each allowable

dwelling unit or site in the first tier (not withstanding existing mooring sites in an existing

commercially used harbor). Launching ramp facilities, including a small dock for loading and

unloading equipment, may be provided for use by occupants of dwelling units or sites located in

other tiers;

(4) Structures, parking areas, and other facilities must be treated to reduce visibility as

viewed from public waters and adjacent shorelands by vegetation, topography, increased

setbacks, color, or other means, assuming summer, leaf-on conditions. Vegetative and

topographic screening must be preserved, if existing, or may be required to be provided; and

(5) Accessory structures and facilities must meet the required principal structure

setback, and must be centralized.

(Prior Code, § 66-231) (Ord. passed 1994; Am. Ord. 370, passed 9-11-2002; Am. Ord. 491,

passed 5-22-2007) Penalty, see § 151.999

§ 151.226 CONVERSIONS TO PUD’S.

Resorts or other land uses and/or facilities may be converted to Residential Planned Unit

Developments provided all of the following standards are met.

(A) Proposed conversions must be initially evaluated using the same procedures as for

Residential Planned Unit Developments involving all new construction. Inconsistencies between

existing features of the development and the PUD standards shall be identified.

(B) Deficiencies involving water supply and sewage treatment, impervious surface

coverage, open space and shore recreation facilities must be corrected as part of the conversion,

or as specified in the conditional use permit.

improvements made as part of the conversion. These improvements must include, where

applicable, the following:

(1) Removal of extraneous buildings, docks, or other facilities that no longer need to be

located in shore or bluff impact zones;

(2) Remedial measures to correct erosion sites and improve the vegetative cover and

screening of buildings and other facilities as viewed from the water; and

(3) If existing dwelling units are located in shore or bluff impact zones, conditions that

preclude exterior expansions in any dimension or substantial alteration are attached to approvals

of all conversions. The conditions must also provide for future relocation of dwelling units,

where feasible, to other locations meeting all setback and elevation requirements when they are

rebuilt or replaced.

(D) Existing dwelling unit or dwelling site densities that exceed standards prescribed in §

151.224 of this chapter may be allowed to continue but shall not be increased, either at the time

of conversion or in the future. Efforts must be made during any conversion to limit impacts of

high densities by requiring seasonal use, improving vegetative screening, centralizing shore

recreation facilities, installing new sewage treatment systems, or other means.

(Prior Code, § 66-232) (Ord. passed 1994) Penalty, see § 151.999

ADMINISTRATION

§ 151.240 ZONING ADMINISTRATOR.

(A) The position of Zoning Administrator is hereby established. The Zoning Administrator

shall be appointed by the Park Rapids City Council and shall serve at its pleasure. The Zoning

Administrator shall receive compensation as the City Council may, from time to time, determine.

(B) The Zoning Administrator shall:

(1) Act as inspector for the City of Park Rapids;

(2) Inspect all construction and development to ensure that the standards of this chapter

are complied with;

(3) Enforce and administer the provisions of this chapter;

(4) Issue permits for permitted uses and/or activities that comply with the provisions of

the chapter;

(5) Receive applications for conditional use permits and forward, along with

recommendations, to the Planning Commission;

(6) Receive applications for variance requests and forward, along with

recommendations, to the Board of Adjustment;

(7) Receive applications for zoning amendments and forward, along with

recommendations, to the Planning Commission;

(8) Maintain all records relating to the application for and deliberations relating to the

issuance or denial of permits;

(9) Develop and maintain a public information bureau relating to local development issues; and

Zoning 139

(10) Maintain the official zoning map as described in §§ 151.040 et seq.

(Prior Code, § 66-241) (Ord. passed 1994)

§ 151.241 PERMITS.

(A) Permits shall be required for the following permitted activities: building construction,

alteration or demolition; signs; sewage treatment systems in shoreland areas; and grading or

filling in shoreland areas.

(B) All contractors, subcontractors, builders or other persons having charge of the erection,

alteration, moving, change or remodeling of any building or structure shall apply for a building

permit from the Park Rapids Building Inspector before beginning or undertaking the work. After

the appropriate fee has been paid, and if the proposed work does not conflict with any portion of

the Park Rapids Zoning Chapter or Building Code, the permit shall be granted. If the permit is

not granted, the reasons for the denial will be provided, in writing, to the applicant.

receipt of all information needed to process the application.

(1) Application for a building permit shall be made to the Building Inspector on blank

forms to be provided by the city. Each application for a permit to construct, alter, move or

demolish a building shall be accompanied by a plan, drawn to scale, showing: the dimensions of

the lot where the activity will occur; and the size and location of the buildings and accessory

building. Applications for building permits shall contain other information as may be deemed

necessary for the proper enforcement of this chapter.

(2) Permits for the installation of sewage treatment systems or grading and filling in

shoreland areas must also be obtained from the Zoning Administrator before the installation or

shoreland alteration has begun.

(3) Permits for the construction or placement of signs must be obtained from the

Zoning Administrator before the construction or placement shall be allowed.

(4) (a) All building, sign, sanitary, excavation, and related permits shall expire 1 year

from the date of approval if construction has not started.

(b) A request for an extension may be considered by the Board of Adjustment

pursuant to M.S. 462, as it may be amended from time to time.

(Prior Code, § 66-242) (Ord. passed 1994) Penalty, see § 151.999

140 Park Rapids - Land Usage

§ 151.242 PLANNING COMMISSION.

(A) There is hereby created a Planning Commission consisting of 5 members. The

members of the Planning Commission shall be appointed by the Mayor consistent with the

Planning Commission bylaws as adopted by the Park Rapids City Council. The Planning

Commission now in existence shall continue as presently constituted.

(B) The Planning Commission shall elect a Chairperson and a Vice-Chairperson from

among its members. It shall adopt rules or bylaws for the transaction of its business and shall

keep a permanent public record of its proceedings, findings and determinations. The Planning

Commission shall cause all records of its proceedings, findings, and determinations to be filed at

the Park Rapids city hall.

pleasure of the City Council.

(2) In this advisory role the Planning Commission shall:

(a) Assist the City Council in the formulation of goals, policies, and programs for

the future development of the City of Park Rapids;

(b) Assist the City Council in the preparation of development controls designed to

promote development consistent with adopted goals and policies;

conduct public hearings in accordance with the provisions of the chapter, and make

recommendations to the City Council;

(d) Review subdivision proposals for compliance with the provisions of this

chapter, conduct public hearings, and forward final plat along with recommendation to the City

Council; and

(e) Any other duties as required or requested by the City Council to further goals

and policies in furtherance of the intent of this chapter.

(Prior Code, § 66-243) (Ord. passed 1994)

§ 151.243 CONDITIONAL USE PERMITS.

(A) Any use listed as a conditional use in this chapter shall be permitted only upon

application to the Zoning Administrator, review and recommendation of the Planning

Commission, and approval and issuance of a conditional use permit by the Park Rapids City

Council. The applicant for a conditional use permit shall fill out and submit to the Zoning

Administrator an application for conditional use permit. When the permit is submitted the

appropriate fee shall be paid in order for the application to receive consideration by the Planning

Commission. A thorough site evaluation shall be conducted by the Zoning Administrator and

the Planning Commission prior to consideration of the permit.

(B) In considering the granting of any conditional use permit throughout the city, the

Planning Commission and City Council shall evaluate the effect of the proposed use upon:

(1) The maintenance of the public health, safety, and welfare;

(2) The location of the site with respect to existing and proposed access roads;

(3) Its compatibility with adjacent land uses; and

(4) Its compatibility with the intent of the zoning district in which the use is proposed.

Planning Commission and City Council shall evaluate the effect of the proposed use upon:

(1) The prevention and control of water pollution, including sedimentation and nutrient

loading;

(2) Existing topography and drainage features and vegetative cover on the site;

(3) The location of the site with respect to floodplains and floodways of river or

tributaries;

(4) The erosion potential of the site based upon the degree and direction of slope, soil

type, and existing vegetative cover;

(5) The need for the proposed use for a shoreland location;

(6) The amount of liquid waste to be generated and the adequacy of the proposed

sewage treatment system;

(7) The visibility of structures and other facilities as viewed from public waters;

(8) Adequacy of the site for water supply and on-site sewage treatment systems; and

(9) The types, uses and numbers of watercraft that the project will generate in relation

to the suitability of public waters to safely accommodate these watercraft.

142 Park Rapids - Land Usage

(D) Upon consideration of the factors listed above, the Planning Commission may attach

conditions, in addition to those required elsewhere in this chapter, that it deems necessary for the

furtherance of the purposes set forth in this chapter. These conditions attached to conditional use

permits may include, but shall not be limited to:

(1) Increased yards and setbacks;

(2) Periods and/or hours of operation;

(3) Minimum number of off-street parking spaces;

(4) Type of construction;

(5) Deed restrictions;

(6) Landscaping and vegetative screening;

(7) Type and extent of shore cover;

(8) Specified sewage treatment and water supply facilities;

(9) Location of signs, parking, docks, and piers; and

(10) Any other reasonable requirements necessary to fulfill the purposes and intent of

this chapter.

(E) An applicant for a conditional use permit may be required to furnish the Planning

Commission, in addition to the information required for the building or other permit, the

following:

(1) A plan of the proposed project area showing contours, soil types, ordinary high

water level, ground water conditions, bedrock, slope, and vegetative cover;

(2) Location of existing and proposed buildings, parking areas, traffic access,

driveways, walkways, piers, open spaces, and vegetative cover;

(3) Plans of buildings, sewage treatment facilities, water supply systems, and

arrangements of operations;

(4) Specifications for areas of proposed grading, filling, lagooning, dredging, or other

topographic alterations; and

(5) Other pertinent information necessary to determine if the proposal meets the

requirements and intent of this chapter.

(F) The Planning Commission and the City Council, in evaluating each conditional use

application may request the Hubbard Soil and Water Conservation District to make available

expert assistance to assist in the evaluation and consideration of the application.

(Prior Code, § 66-244) (Ord. passed 1994)

§ 151.244 BOARD OF ADJUSTMENT.

(A) There is hereby established a Board of Adjustment vested with the authority as is

hereinafter provided, and as provided in M.S. Chapter 462, as it may be amended from time to

time. The City Council shall act as the Park Rapids Board of Adjustment.

(B) The Board of Adjustment shall elect a Chairperson and a Vice-Chairperson from among

its members. It shall adopt rules or bylaws, for the transaction of its business and shall keep a

permanent record of its proceedings, findings, and determinations. The Board of Adjustment

shall cause all records of its proceedings, findings and determinations to be filed at the Park

Rapids city hall.

bylaws, and at other times as the Chairperson of the Board of Adjustment shall deem necessary

and appropriate.

(D) The Board of Adjustment shall have the exclusive power concerning the following:

(1) To hear and decide any appeal from an order, requirement, decision, or

determination made by the Zoning Administrator;

(2) To interpret any management district boundary on the official zoning map;

(3) All decisions by the Board of Adjustment in granting variances, or in hearing any

appeals from administrative order, requirement, decision or determination shall be final except

that any aggrieved person, department, agency, Board of Commission shall have the right to

appeal to the District Court within 30 days after receipt of the notice of the decision made by the

Board of Adjustment.

(E) The Board of Adjustment and Appeals authorizes the Planning Commission, in its

advisory role, to make the necessary findings for variances and appeals. The Board of

Adjustment maintains authority to grant variances from the strict enforcement of standards and

provisions prescribed by this chapter. Variances shall only be granted based upon the criterion

prescribed in § 151.245 of this chapter.

(Prior Code, § 66-245) (Ord. passed 1994; Am. Ord. 364, passed 5-14-2002)

144 Park Rapids - Land Usage

§ 151.245 VARIANCES AND APPEALS.

(A) (1) The Park Rapids Board of Adjustment shall have the exclusive power to order the

issuance of variances from the terms of any official controls including restrictions placed on non-

conformities. A variance is a modification or variation of the provisions of an official control to

a specific piece of property.

(2) Pursuant to M.S. § 462.357, Subd. 6, as it may be amended from time to time, the

Board of Adjustment may only grant applications for variances where practical difficulties in

complying with the official controls exist and each of the following criteria are satisfied:

(a) The variance is in harmony with the general purposes and intent of the zoning

ordinance;

(b) The variance is consistent with the Comprehensive Plan;

permitted by the zoning ordinance;

(d) The plight of the landowner is due to circumstances unique to the property not

created by the landowner; and

(e) The variance, if granted, will not alter the essential character of the locality.

Economic considerations alone do not constitute practical difficulties. Practical

difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy

systems.

(3) The Planning Commission, at the public hearing must make an affirmative finding

on all of the 5 criteria listed in division (2) above in order to recommend the granting of a

variance to the Board of Adjustment. The applicant for a variance has the burden of proof to

show that all of the criteria listed above have been satisfied. A variance shall not be granted for a

use that is not permitted under this chapter. A variance may be granted to temporarily permit the

use of a one-family dwelling as a two-family dwelling.

(4) Variances shall be granted for earth shelter construction as defined in M.S. §

216C.06, Subd. 14, when in harmony with this chapter.

(5) The Planning Commission may recommend that the Board impose conditions upon

a variance that relate to the purposes and objectives of this chapter. The Board of Adjustment

may impose conditions and the variance shall not be effective until the conditions are fully

complied with. A condition imposed in a variance must be directly related to and must bear a

rough proportionality to the impact created by the variance. A conditional variance shall be in

effect only as long as the condition is complied with. If a condition is not complied with, the

variance may be revoked and the city may pursue the enforcement remedies set forth in §

151.999 herein.

(B) An applicant desiring a variance shall fill out and submit to the Park Rapids Zoning

Administrator an application for consideration of variance request form, copies of which are

available from the Zoning Administrator. The appropriate fee shall be paid in order for the

application to receive consideration by the Board of Adjustment.

make a recommendation, in writing, to the Planning Commission who shall make a

recommendation to the Board of Adjustment after conducting a public hearing in accordance

with M.S. 462, as it may be amended from time to time and the provisions of this chapter. The

Board of Adjustment shall make the final decision within 60 days of the date that a complete

application is submitted to the Zoning Administrator.

(D) An appeal of any administrative decision made in the enforcement of this chapter shall

be made by filling out and submitting to the Zoning Administrator an application for appeal,

which is available from the Zoning Administrator. The appeal shall be heard and decided by the

Board of Adjustment within 60 days of the date that the application is submitted to the Zoning

Administrator.

(Prior Code, § 66-246) (Ord. passed 1994; Am. Ord. 532, passed 8-23-2011)

§ 151.246 AMENDMENTS.

The procedure for amendments to this chapter shall be as follows:

(A) An amendment may be initiated by a property owner, the Planning Commission or the

City Council. Property owners wishing to initiate an amendment shall fill out an application for

amendment form, available from the Zoning Administrator. The application shall be filled out

and submitted to the Zoning Administrator together with the appropriate fee;

(B) The applicant shall appear before the Planning Commission to answer any questions

that Commission members may have concerning the amendment request;

Commission within 60 days following the initial meeting. The public hearing shall be conducted

in accordance with M.S. 462, as it may be amended from time to time;

(D) The Planning Commission shall make its recommendation to the City Council after the

proceedings of this public hearing. The applicant shall be notified in writing of the

recommendation that shall be forwarded to the City Council; and

146 Park Rapids - Land Usage

(E) The City Council shall consider the recommendation of the Planning Commission

within 30 days after the public hearing is conducted.

(Prior Code, § 66-247) (Ord. passed 1994)

§ 151.247 PUBLIC NOTICE AND HEARING REQUIREMENTS.

(A) In addition to the procedures described in preceding sections of this chapters, all

conditional use permit requests, variance requests, requests for amendments, and preliminary plat

approval shall be reviewed at a public hearing conducted at least 10 days following official

public notification including publication in the official newspaper of the City of Park Rapids and

notification of all property owners

within the following distances from affected property when the notice is applicable: In the case

of variances and conditional uses, all property owners within 350 feet must be notified. In the

case of amendments to official controls which involve changes in district boundaries of 5 acres

or less, all owners of property within 350 feet must be notified.

(B) The Commission of Natural Resources must also receive at least 10 days notification of

hearings to be conducted concerning applications for conditional use permits, variances,

amendments or final plat approvals, in shoreland areas. Notice of hearings to consider

subdivisions must include copies of the proposed final plat.

conditional use permits, variances, zoning amendments and final plats, in shoreland areas,

postmarked within 10 days of final action.

(Prior Code, § 66-248) (Ord. passed 1994)

§ 151.248 ACCESS TO PRIVATE PROPERTY.

The Zoning Administrator or his or her agent shall have the right, at all reasonable times, to

enter upon private property for the purpose of administration or enforcement of this chapter.

This includes the right to conduct investigations, sampling, test borings, and other actions

necessary for the enforcement of this chapter.

(Prior Code, § 66-249) (Ord. passed 1994)

§ 151.249 FEES.

In order to defray the administrative costs associated with the processing of applications for

building and related permits, conditional use permits, variance requests, amendments and

subdivision plat approval, a schedule of fees has been adopted by the Park Rapids City Council.

The schedule of fees shall be posted at the Park Rapids city hall, and may be altered or amended

only by resolution of the Park Rapids City Council.

(Prior Code, § 66-251) (Ord. passed 1994)

§ 151.999 PENALTY.

(A) In the event of violation or threatened violation of this chapter, the City Council, in

addition to other remedies including prosecution under division (B) of this section, may institute

appropriate actions or proceedings to prevent, restrain, correct or abate the violations or

threatened violations, and it shall be the duty of the Park Rapids City Attorney to institute this

action.

(B) Any person, firm or corporation who shall violate any of the provisions herein, or who

shall fail to comply with any of the provisions herein, or who shall make any false statement in

any document required to be submitted under these provisions, shall be guilty of a misdemeanor,

and upon conviction thereof shall be punished by penalties and fines provided by law. Each day

that the violation continues shall constitute a separate offense.

(Prior Code, § 66-250) (Ord. passed 1994)

CHA152. RENTALS PTER 152: RENTALS

152. RENTALS

Section

General Provisions

152.001 Purpose

152.002 Definitions

152.003 Designation of unfit dwellings and condemnation

152.004 Higher standards to prevail

Minimum Standards

152.015 Basic equipment and facilities

152.016 Light, ventilation, and heat

152.017 Maintenance requirements

152.018 Minimum space, use, and location requirements

Responsibilities of Owners and Occupants

152.030 Public areas

152.031 Cleanliness

152.032 Rubbish

152.033 Garbage

152.034 Extermination of pests

152.035 Plumbing fixtures

Registration of Rental Units

152.050 Registration required; exemptions

152.051 Registration requirements

152.052 Manner of registration renewal

152.053 Transfer of property

152.054 Fees

152.055 Maintenance of records

152.056 Maintenance standards

152.057 Failure to grant registration; revocation, suspension, or failure to renew registration

147

2012 S-9

Rentals 149

Administration and Enforcement

152.070 Authority to condemn or close off rentals

152.071 Inspections and investigations

152.072 Notice of violation

152.073 Hearing

152.074 Order of the Board

152.075 Records at hearing

152.076 Emergency action

152.077 Further actions or injunctive relief

152.999 Penalty

GENERAL PROVISIONS

§ 152.001 PURPOSE.

The city recognizes a need to ensure that housing units meet minimum safety and health

standards; to provide a system for ensuring that both absentee and local landlords correct

deficiencies and properly maintain rental property within the city; to provide a system of

organized inspection of residential rental units in the city; and to develop a system to monitor

orderly occupancy of residential rental units.

(Am. Ord. 473, passed 12-12-2006)

§ 152.002 DEFINITIONS.

(A) Whenever the words DWELLING, DWELLING UNIT or PREMISES are used in this

chapter, they shall be construed as though followed by the words “or any part thereof.”

(B) For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

BASEMENT. A portion of a building located partly underground but having less than

half its clear floor-to-ceiling height below the average grade of the adjoining ground.

BOARD OF ADJUSTMENT. The Park Rapids City Council shall act as the Park

Rapids Board of Adjustment.

CELLAR. A portion of a building located partly or wholly underground and having

half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining

ground.

DWELLING. Any building, including a manufactured home, which is wholly or

partially used or intended to be used for living or sleeping by human occupants; provided that

temporary housing shall not be regarded as a DWELLING.

DWELLING UNIT. Any building, room, or group of rooms, including a manufactured

home, located within a dwelling and forming a single habitable unit with facilities which are

used or intended to be used for living, sleeping, cooking, and eating by human occupants.

EXTERMINATION. The control and elimination of insects, rodents, or other pests by

eliminating their harborage places; by removing or making inaccessible materials that may serve

as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and

legal pest elimination methods approved by the city.

GARBAGE. The animal and vegetable waste resulting from the handling, preparation,

cooking, and consumption of food.

HABITABLE ROOM. A room or enclosed floor space used or intended to be used for

the purposes of living or sleeping, excluding bathrooms, water closet compartments, laundries,

pantries, foyers, or communicating corridors, closets, and storage spaces. A room or enclosed

floor space used or intended to be used for the purposes of cooking or eating shall be considered

as a room or space being used or intended to be used for the purpose of living under this

definition.

INFESTATION. The presence, within or around a dwelling, of any insects, rodents, or

other pests.

INSPECTOR. Police Chief, City Administrator, and other persons designated by the

City Administrator.

MULTIPLE DWELLING. Any dwelling containing 2 or more dwelling units.

OCCUPANT. Any person over 1 year of age, living, sleeping, cooking or eating in or

having actual possession of a dwelling unit.

OPERATOR. Any person who has charge, care, or control of a building or part thereof

in which dwelling units are let.

ORDINARY MINIMUM WINTER CONDITIONS. The temperature 15°F above the

lowest recorded temperature for the previous 10-year period.

OWNER. Any person who alone, jointly, or severally with others:

(a) Shall have legal title to any dwelling or dwelling unit, with or without

accompanying actual possession thereof; or

(b) Shall have charge, care, or control of any dwelling or dwelling unit as owner or

agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian

of the estate of the owner. Any such persons thus representing the actual owner shall be bound to

comply with the provisions of this section and of any rules and regulations adopted pursuant

thereto, to the same extent as if they were the OWNER.

PLUMBING. Any of the following supplied facilities and equipment: gas pipes, gas

burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks,

installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines,

catch basins, drains, vents, and any other similar supplied fixtures, together with all connections

to water, sewer, or gas lines.

RENTAL. The leasing of a rental unit to a non-owner for a fixed or non-fixed period of

time and shall include LEASE TO BUY, CONTRACT FOR DEED, INSTALLMENT SALES,

PURCHASES whereby nonpayment of a periodic payment means the occupants may be evicted

without the necessity of either a statutory mortgage foreclosure procedure, a statutory

termination of contract for deed procedure, or a statutory repossession procedure and other

similar procedures.

RENTAL UNIT. Any room or group of rooms located within a dwelling and forming a

single habitable unit.

RUBBISH. Combustible and noncombustible waste materials except garbage, and the

term shall include, but not be limited to the residue from the burning of wood, coal, coke, and

other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree

branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.

SUPPLIED. Paid for, furnished, or provided by or under the control of the owner or

operator.

TEMPORARY HOUSING. Any tent, trailer, or other structure used for human shelter

which is designed to be transportable and which is not attached to the ground, to another

structure, or to any utilities system on the same premises for more than 30 consecutive days.

(Am. Ord. 473, passed 12-12-2006)

§ 152.003 DESIGNATION OF UNFIT DWELLINGS AND CONDEMNATION.

The designation of dwellings or dwelling units as unfit for human habitation and the

procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be

carried out in compliance with the following requirements:

(A) Placarding condemned dwellings. Any dwelling or dwelling unit which is found to have

any of the following defects shall be condemned as unfit for human habitation and shall be so

designated and placarded by the city.

(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-

infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(2) One which lacks illumination, ventilation, or sanitation facilities adequate to

protect the health or safety of the occupants or of the public.

(3) One which because of its general condition or location is unsanitary or otherwise

dangerous to the health or safety of the occupants or of the public.

(B) Vacating condemned dwellings. Any dwelling or dwelling unit condemned as unfit for

human habitation and so designated and placarded shall be vacated immediately or at such future

time as the inspector may order.

condemned and placarded as unfit for human habitation shall again be used for human habitation

until written approval is secured from and such placard is removed by the city. The city shall

remove such placard whenever the defect or defects upon which the condemnation and

placarding action were based have been eliminated.

(D) Defacing or removing placard. No person shall deface or remove the placard from any

dwelling or dwelling unit which has been condemned as unfit for human habitation and

placarded as such, except as provided in division (C).

(E) Hearing. Any person affected by any notice or order relating to the condemning and

placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be

granted a hearing on the matter before the Board of Adjustment under the procedures set forth in

this chapter.

(Am. Ord. 473, passed 12-12-2006)

§ 152.004 HIGHER STANDARDS TO PREVAIL.

In any case where a provision of this chapter is found to be in conflict with a provision of

any zoning, building, fire, safety, or health ordinance or code of this city, the provision which

establishes the higher standard for the promotion and protection of the health and safety of the

people shall prevail.

(Am. Ord. 473, passed 12-12-2006)

MINIMUM STANDARDS

§ 152.015 BASIC EQUIPMENT AND FACILITIES.

No person shall occupy as owner/occupant or let to another for occupancy any dwelling or

dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not

comply with the following requirements:

(A) Kitchen sink. Every dwelling unit shall contain a kitchen sink in good working

condition and properly connected to a water and sewer system.

(B) Toilets. Every dwelling unit shall contain a room which affords privacy to a person

within said room and which is equipped with a flush water closet and a lavatory basin in good

working condition and properly connected to a water and sewer system.

person within said room, a bathtub or shower in good working condition and properly connected

to a water and sewer system.

(D) Water. Every kitchen sink, lavatory basin, bathtub, shower, and laundry facilities

required under the provisions of this chapter shall be properly connected with both hot and cold

water lines in good working order. If served by private wells, the water shall be tested annually.

A copy of the results of the test shall be filed with the city and posted on the site.

(E) Rubbish and garbage. Every dwelling unit shall have adequate disposal facilities or

storage containers for rubbish, garbage, and recyclables in accordance with the requirements of

applicable city ordinances. Rubbish and garbage shall be regularly disposed of at least every 2

weeks.

(F) Smoke detector. Smoke detectors shall be installed in each sleeping room, outside each

separate sleeping area in the immediate vicinity of the bedrooms and on each additional story of

the dwelling, including basements and cellars but not including crawl spaces and un-inhabitable

attics.

(G) Hot water. Every dwelling shall have supplied water-heating facilities which are

properly installed, are maintained in safe and good working condition, are properly connected

with hot water lines required under the provisions of this chapter. The water-heating facility

must be capable of heating water to a temperature of 120°F to permit an adequate amount of

water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower. Such

supplied water-heating facilities shall be capable of meeting the requirements of this chapter

when the dwelling or dwelling unit heating facilities required are not in operation.

(H) Exits.

(1) Every dwelling unit shall have safe, unobstructed means of egress leading to safe

and open space at ground level as required by the laws of this state.

(2) No basement or cellar area or room may be tenant occupied for sleeping purposes

unless a properly sized and installed second emergency exit is present and approved.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.016 LIGHT, VENTILATION, AND HEAT.

No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling or

dwelling units for the purposes of living therein, which does not comply with the following

requirements:

(A) Emergency exit. Every habitable room used for sleeping purposes shall have at least 1

openable window or second door for egress purposes as approved by current Minnesota State

Building Code for the licensure of a rental property. Once a rental property is in compliance

with current Minnesota State Building Code standards and a rental license has been issued, and

the license has not lapsed or been revoked, the size of the egress windows will be considered

grandfathered until the window is replaced, if changes have been made to the current Minnesota

State Building Code in the interim. If a rental license has lapsed or been revoked the rental

property must be brought to current Minnesota State Building Code standards prior to the re-

licensure of the property.

(B) Ventilation. Every habitable room shall have at least 1 window or skylight which can

easily be opened or such other means to adequately ventilate the room as approved by Minnesota

State Building Code.

comply with the light and ventilation requirements for habitable rooms contained in this section

except that no window or skylight shall be required in adequately ventilated bathrooms and water

closet compartments equipped with ventilation.

(D) Electric outlets. Where there is electric service available from power lines which are

not more than 300 feet away from a dwelling, every habitable room of such dwelling shall

contain at least 2 separate electric convenience outlets or 1 such convenience outlet and 1

supplied ceiling type electric light fixture; and every water closet compartment, bathroom,

laundry room, furnace room and public hall shall contain at least 1 supplied ceiling or wall-type

electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained

in good and safe working condition, and shall be connected to the source of electric power in a

safe manner. Every dwelling unit must have access to the fuse or circuit boxes serving that unit

for safety purposes. Kitchen, bath and u-1 occupancies must be protected by G.F.I. outlets.

(E) Heating facilities. Every dwelling shall have heating facilities which are properly

installed, are maintained in safe and good working condition, and are capable of safely and

adequately heating all habitable rooms, bathrooms, and water closet compartments in every

dwelling unit located therein to a temperature of at least 68°F, at a distance of 3 feet above floor

level, under ordinary minimum winter conditions.

(F) Lighting halls and stairways. Every hallway and stairway in every multiple dwelling

containing 4 or more dwelling units shall be adequately lighted at all times. Every hallway and

stairway in structures devoted solely to dwelling occupancy and containing not more than 3

dwelling units may be supplied with conveniently located light switches, controlling an adequate

lighting system which may be turned on when needed, instead of full-time lighting.

(G) Screens. During that portion of each year when it is necessary for protection against

mosquitoes, flies, and other insects, every window opening from a dwelling unit required for

ventilation shall have supplied screens.

(H) Rodent protection. Every basement or cellar window used or intended to be used for

ventilation and every other opening to a basement which might provide an entry for rodents shall

be supplied with a screen or such other device as will effectively prevent their entrance.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.017 MAINTENANCE REQUIREMENTS.

No person shall occupy as owner/occupant, or let to another for occupancy, any dwelling or

dwelling unit for the purpose of living therein which does not comply with the following

requirements:

(A) Foundation, floor, wall, ceiling, and roof. Every foundation, floor, wall, ceiling, and

roof shall be reasonably weathertight, watertight, and rodent proof, shall be capable of affording

privacy, and shall be kept in good repair.

(B) Exterior opening. Every window, exterior door, and basement hatchway shall be

reasonably weathertight, watertight, and rodent proof and shall be kept in sound working

condition and good repair.

thereto shall be so constructed as to be safe to use and capable of supporting the load that normal

use may cause to be placed thereon and shall be kept in sound condition and good repair.

Properly installed and maintained handrails are required on all stairs with 3 risers or more.

Guardrails shall be present to prevent any opening from being over 4 inches on all porches,

balconies, stairs, or landings which are higher than 30 inches off the ground. Guardrails may not

be less than 36 inches in height.

(D) Plumbing fixtures. Every plumbing fixture and water waste pipe shall be properly

installed and maintained in good sanitary working condition, free from defects, leaks, and

obstructions.

(E) Floor surfaces. Every water closet compartment floor surface, bathroom floor surface,

kitchen floor surface, and kitchen counter surfaces shall be constructed and maintained so as to

be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and

sanitary condition.

(F) Supplied facilities. Every supplied facility, piece of equipment, or utility which is

required under this section shall be so constructed or installed that it will function safely and

effectively and shall be maintained in satisfactory working condition.

(G) Continuous service of facilities. No owner, operator, or occupant shall cause any

service, facility equipment, or utility which is required under this section to be removed from or

shut off from or discontinued for any occupied dwelling let or occupied by the owner, operator,

or occupant, except for such temporary interruption as may be necessary while actual repairs or

alterations are in process.

(H) Fitness for occupancy. No owner shall occupy or let to any other occupant any vacant

dwelling unit unless it is clean, sanitary, and fit for human occupancy.

(Am. Ord. 473, passed 12-12-2006)

§ 152.018 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the

purpose of living therein, which does not comply with the following requirements:

(A) Living space. Every dwelling unit shall contain for use as living space at least 150

square feet of floor space of habitable room floor space for the first occupant thereof and at least

100 additional square feet of habitable room floor space for every additional occupant thereof.

Sleeping space to be contained within a dwelling unit shall be a separate requirement in

accordance within this section and shall not be counted in the calculation of living space to be

contained in the unit under this section.

(B) Sleeping space. In every dwelling unit of 2 or more rooms, every room occupied for

sleeping purposes by 1 occupant shall contain at least 70 square feet of habitable room floor

space, and every room occupied for sleeping purposes by more than 1 occupant shall contain at

least 40 square feet of habitable room floor space for each occupant thereof.

containing 2 or more sleeping rooms shall have such room arrangements that access to a

bathroom or water closet compartment intended for use by occupants of more than 1 sleeping

room can be had only by going through another sleeping room, nor shall room arrangements be

such that access to a sleeping room can be had only by going through another sleeping room or a

bathroom or water closet compartment.

(D) Ceiling height. The floor area of that part of any room where the ceiling height is less

than 5 feet shall not be considered as part of the floor area in computing the total floor area of the

room for the purpose of determining the maximum permissible occupancy thereof.

(E) Basements. No basement space shall be used as a habitable room or dwelling unit

unless:

(1) It shall comply with this chapter.

(2) The floor and walls must be constructed so as to reasonably prevent leakage of

underground and surface runoff water. Proper drainage must be provided away from the

building, and floors and walls must be protected against dampness.

(Am. Ord. 473, passed 12-12-2006)

RESPONSIBILITIES OF OWNERS AND OCCUPANTS

§ 152.030 PUBLIC AREAS.

Every owner of a dwelling containing 2 or more dwelling units shall be responsible for

maintaining in a clean and sanitary condition the shared or public areas of the dwelling and

premises thereof.

(Am. Ord. 473, passed 12-12-2006)

§ 152.031 CLEANLINESS.

Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition

that part of the dwelling, dwelling unit, and premises thereof which the occupant controls.

(Am. Ord. 473, passed 12-12-2006)

§ 152.032 RUBBISH.

Every occupant of a dwelling or dwelling unit shall dispose of all rubbish in a clean and

sanitary manner by placing it in the rubbish or recycling containers as required by city ordinance.

(Am. Ord. 473, passed 12-12-2006)

§ 152.033 GARBAGE.

Every occupant of a dwelling or dwelling unit shall dispose of all garbage and any other

organic waste which might provide food for rodents in a clean and sanitary manner by placing it

in the garbage disposal facilities or garbage storage containers required by this chapter. It shall

be the responsibility of the owner to supply such facilities or containers for all dwelling units in a

dwelling containing 4 or more dwelling units and for all dwelling units located on premises

where more than 4 dwelling units share the same premises. In all other cases, it shall be the

responsibility of the occupant to furnish such facilities or containers.

(Am. Ord. 473, passed 12-12-2006)

§ 152.034 EXTERMINATION OF PESTS.

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the

extermination of any insects, rodents, or other pests therein or on the premises, and every

occupant of a dwelling unit in a dwelling containing more than 1 dwelling unit shall be

responsible for such extermination whenever the dwelling unit is the only one infested.

Notwithstanding the foregoing provisions of this section, whenever infestation is caused by

failure of the owner to maintain a dwelling in a rodent or reasonably insect proof condition,

extermination shall be the responsibility of the owner. Whenever infestation exists in 2 or more

of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing

2 or more dwelling units, extermination thereof shall be the responsibility of the owner.

(Am. Ord. 473, passed 12-12-2006)

§ 152.035 PLUMBING FIXTURES.

Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and

sanitary condition and shall be responsible for the exercise of reasonable care in the proper use

and operation thereof.

(Am. Ord. 473, passed 12-12-2006)

REGISTRATION OF RENTAL UNITS

§ 152.050 REGISTRATION REQUIRED; EXEMPTIONS.

(A) No rental unit shall be rented until it has been registered in accordance with the

provisions of this subchapter.

(B) This subchapter shall not apply to hospital units, nursing home units, retirement home

units, nor other similar units which are owned or operated by an agency or local unit of

government.

(Am. Ord. 473, passed 12-12-2006)

§ 152.051 REGISTRATION REQUIREMENTS.

No person shall hereafter occupy, allow to be occupied, or let to another person for

occupancy any rental unit within the city for which a rental unit registration has not been issued

by the city. An application for registration shall be made upon forms furnished by the city for

such purpose and shall specifically require the following minimum information:

(A) Name, address, and phone number of the property owner.

(B) The street address of the rental property. The PID# of the rental property.

(D) The name, phone number, and address of the person authorized to make or order repairs

or services made to the property, if in violation of any applicable city or state codes, if the person

is different than the owner or local administrator.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.052 MANNER OF REGISTRATION RENEWAL.

Registration shall be required every 3 years commencing upon adoption and publication of

this chapter. The city shall be required to mail renewal forms to the property owner or designated

local administrator on or before May 1 of the year prior to the renewal date. Forms may be

returned by mail at the property owner or designated local administrator’s risk to the City of Park

Rapids, 212 Second Street West, Park Rapids, Minnesota 56470.

(Am. Ord. 473, passed 12-12-2006)

160 Park Rapids - Land Usage

§ 152.053 TRANSFER OF PROPERTY.

Every owner of a rental unit (whether as fee owner or contract purchaser) shall be required

to furnish to the city the new owner’s name, address, and phone number before taking possession

of the rental property upon closing of the transaction. No registration fee shall be required of the

new owner when possession takes place during the 3-year period, provided that the previous

owner has paid all registration fees and has complied with all requirements of this subchapter

and any violations of zoning, fire, or other safety codes of the city. If any change in the type of

occupancy as originally registered is contemplated by the new owner, a new registration

application will be required.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.054 FEES.

The fees are listed in the fee schedule section of the city code and may be altered or

amended by City Council.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.055 MAINTENANCE OF RECORDS.

All records, files, and documents pertaining to the rental registration and rental unit

inspection program shall be maintained by the city and made available to the public as allowed

or required by state law.

(Am. Ord. 473, passed 12-12-2006)

§ 152.056 MAINTENANCE STANDARDS.

Every rental unit shall be maintained in accordance with the requirements and standards of

all applicable city and state ordinances, laws, rules, and regulations.

(Am. Ord. 473, passed 12-12-2006)

§ 152.0057 FAILURE TO GRANT REGISTRATION; REVOCATION, SUSPENSION,

OR FAILURE TO RENEW REGISTRATION.

(A) The city reserves the right not to register a unit unless the rental unit or units for which

registration is sought complies with the requirements of this chapter.

(B) Any registration issued under this section is subject to the right, which is hereby

expressly reserved by the city, to suspend, revoke, or fail to renew the same should the

registration holder or their agents, employees, representatives, or lessees directly or indirectly

operate or maintain the rental dwellings contrary to the provisions of this chapter, any ordinance

of the city, of any special permit issued by the city, or the laws of the state. Provided, however,

registration shall not be suspended, revoked, or failed to be renewed if the registration holder

complies with a compliance order or orders in a timely manner.

his or her registration has been denied or the registration holder that his or her registration is

being suspended, removed, or nonrenewed. The suspension, revocation, or nonrenewal shall

occur 35 days after the date of the order or at such later date as set out in the order. The notice

shall be served by mailing a copy of the order to the property owner and the designated local

property administrator, if any, as indicated in the records on file with the city.

(D) The registration holder or designated local administrator shall have the right to request a

hearing before the Board of Adjustment by filing a written appeal from the order at the office of

the City Administrator as set forth in this chapter.

(E) The decision of the Board of Adjustment may be appealed by the registration holder by

filing an appeal or an appropriate writ with the District Court within 15 days of the date of the

order of the Board of Adjustment.

(Am. Ord. 473, passed 12-12-2006)

ADMINISTRATION AND ENFORCEMENT

§ 152.0070 AUTHORITY TO CONDEMN OR CLOSE OFF RENTALS.

(A) When the conduct of any registration holder or their agent, representative, employee, or

lessee is detrimental to the public health, sanitation, safety, and general welfare of the

community at large or residents of the rental units so as to constitute a nuisance, fire hazard, or

other unsafe or dangerous condition and, thus, give rise to an emergency, the Police Chief, City

Administrator, or such other person designated by the City Administrator shall have the authority

to summarily condemn or close off individual rental units or such areas of the rental dwelling as

necessary in accordance with the procedures set forth in this chapter. Any person aggrieved by

such decision or action may appeal the decision following the procedures set out herein.

(B) The decision of the Police Chief, City Administrator, or such other person designated

by the City Administrator, as set forth herein, shall not be voided by the filing of such appeal.

Only after the hearing by the Board of Adjustment has been held will such decision or action be

affected.

(Am. Ord. 473, passed 12-12-2006)

§ 152.071 INSPECTIONS AND INVESTIGATIONS.

(A) The Police Chief, City Administrator, and such other person designated by the City

Administrator are hereby authorized to make inspections reasonably necessary to the

enforcement of this chapter.

(B) All persons authorized herein to inspect shall have the authority to enter, with a 24-hour

notification to the landlord unless consent to enter is granted either from the landlord or the

tenant, any dwelling, dwelling unit, rental dwelling or rental unit pursuant to the provisions of

this chapter.

provided herein shall notify the owner of all violations, if any, by written notice. The notice shall

direct that compliance be made within a reasonable time not to exceed 60 days, unless extended

by the compliance official based on good cause. The dwelling, dwelling unit, rental dwelling, or

rental unit shall be reinspected.

(Am. Ord. 473, passed 12-12-2006; Am. Ord. 475, passed 2-27-2007)

§ 152.072 NOTICE OF VIOLATION.

A notice of violation shall be deemed to be properly served upon such owner or agent or

upon such occupant if a copy thereof is served upon the owner personally or if the owner is

served with such notice by any other method authorized or required under the laws of this state.

(Am. Ord. 473, passed 12-12-2006)

§ 152.073 HEARING.

Any person affected by any notice which has been issued in connection with the

enforcement of any provision of this chapter or of any rule or regulation adopted pursuant hereto

may request and shall be granted a hearing on the matter before the Board of Adjustment,

provided that such person shall file with the city a written petition requesting such hearing and

setting forth a brief statement of the grounds therefore within 10 days after the date the notice

was served upon the person. Upon receipt of such petition, the city shall set a time and place of

such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner

shall be given an opportunity to be heard and to show why such notice should be modified or

withdrawn. The hearing shall be commenced by the city within a reasonable time, not to exceed

30 days after the date on which the petition was filed, except that, upon request of the petitioner,

a postponement of the date for hearing beyond the 30 days could be granted by the city for good

cause shown.

(Am. Ord. 473, passed 12-12-2006)

Rentals 163

§ 152.074 ORDER OF THE BOARD.

After such hearing, the Board of Adjustment shall sustain, modify, or withdraw the notice

depending upon its finding as to whether the provisions of this chapter and any rules and

regulations adopted pursuant hereto have been complied with. If the Board of Adjustment

sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to

this chapter shall automatically become an order if a written petition for a hearing is not filed

with the city within 10 days after such notice is served. The decision of the Board of Adjustment

shall be final.

(Am. Ord. 473, passed 12-12-2006)

§ 152.075 RECORDS AT HEARING.

The proceedings at any hearing, including the findings and decision of the Board of

Adjustment, shall be summarized, reduced to writing, and entered as a matter of public record

with the city. Such record shall also include a copy of every notice or order issued in connection

with the matter.

(Am. Ord. 473, passed 12-12-2006)

§ 152.076 EMERGENCY ACTION.

Whenever the Police Chief, City Administrator, or other designated person finds that an

emergency exists which requires immediate action to protect the public health, the city, Police

Chief, City Administrator, or other designated person may, without notice or hearing, issue an

order reciting the existence of such an emergency requiring that such action be taken as deemed

necessary to meet the emergency and if deemed necessary, closing off all or a portion of a rental

dwelling or rental unit until the emergency condition causing the emergency is corrected.

Notwithstanding the other provisions of this chapter, such order shall be effective immediately.

Notice of the emergency action shall be posted at the units or areas of the dwelling or dwelling

units affected and shall be served upon the owner or agency as set forth herein. No person shall

remove the posted notice other than the Police Chief, City Administrator, or other designated

person. Any person to whom such order is directed shall immediately comply therewith, but

upon petition to the city shall be afforded a hearing as soon as possible. After such hearing and

depending upon whether compliance with the provisions of the section and of the rules and

regulations adopted pursuant hereto is found, the city may continue such order in effect or

modify or revoke it.

(Am. Ord. 473, passed 12-12-2006)

§ 152.077 FURTHER ACTIONS OR INJUNCTIVE RELIEF.

Nothing in this chapter shall prevent the city from taking affirmative action under any of its

city fire, housing, zoning, or other health safety codes or any other state or federal statutes or

laws for violations thereof to seek either injunctive relief or criminal prosecution for such

violations in accordance with the terms and conditions of a particular ordinance or code under

which the city would proceed against the property owner, designated property administrator, or

occupant of any residential rental dwelling unit covered by these registration and inspection

requirements. Nothing contained in this section shall prevent the city from seeking injunctive

relief against a property owner or designated property administrator who fails to comply with the

terms and conditions of this chapter on registration to obtain an order closing such rental units

until violations of this particular section or other section of this chapter have been remedied by

the property owner or designated property administrator.

(Am. Ord. 473, passed 12-12-2006)

§ 152.999 PENALTY.

(A) A person found to be in violation of this chapter is guilty of a misdemeanor. Each day in

which any such violation shall continue shall be deemed a separate offense.

(B) The city may also enforce this chapter administratively in the following manner:

(1) First violation. Violators shall pay an administrative penalty of up to $250 and

bring the dwelling, dwelling unit, or premises into compliance as required under this chapter

within 30 days or such other time period as may be designated under this chapter.

(2) Second violation. Violators shall pay an administrative penalty of up to $500 and

bring the dwelling, dwelling unit, or premises into compliance as required under this chapter

within 30 days or such other time period as may be designated under this chapter.

(3) Third violation. Violators shall pay an administrative penalty of up to $1,000 and

bring the dwelling, dwelling unit, or premises into compliance as required under this chapter

within 30 days or such other time period as may be designated under this chapter, or suspension,

revocation, or refusal to renew registration of a rental unit or such other provisions as set forth in

this chapter.

(Am. Ord. 473, passed 12-12-2006)

INDEX

2-FAMILY AND TOWNHOUSE DISTRICT, 151.062

ABANDONED PROPERTY

Abandoned Vehicles

Authority to impound vehicles, 97.18

Contracts; reimbursement by MPCA, 97.25

Definitions, 97.16

Disposal authority, 97.24

Disposition by impound lot, 97.23

Findings and purpose, 97.15

Notice of taking and sale, 97.20

Operator’s deficiency claim; consent to sale, 97.22

Right to reclaim, 97.21

Sale; waiting periods, 97.19

Violation to abandon motor vehicle, 97.17

Disposition of abandoned property, 97.01

ADMINISTRATION (See CITY ADMINISTRATION)

ADMINISTRATOR; CITY

Appointment, 30.40

Duties, 30.41

Organizational chart, 30.42

Separate offices for City Clerk and Treasurer, 30.43

ADULT ESTABLISHMENTS

Application of this chapter, 119.03

Definitions, 119.02

Expiration and renewal, 119.10

Fees, 119.08

Hours of operation, 119.05

Inspection, 119.09

Location, 119.04

Operation, 119.06

Permit, 119.07

Purpose and intent, 119.01

2007 S-3 Repl.

4 Park Rapids - Index

ADULT ESTABLISHMENTS (Cont’d)

Revocation, 119.12

Suspension, 119.11

Transfer of permit, 119.13

AG-1 AGRICULTURAL DISTRICT, 151.058

AGRICULTURAL DISTRICT, 151.058

AIRPORT ADVISORY COMMISSION (See MUNICIPAL AIRPORT ADVISORY

COMMISSION)

AIRPORT FEES, 36.12

ALCOHOLIC BEVERAGES

Beer Generally

Definitions, 91.001

Restrictions on purchase and consumption, 91.002

Beer Licensing

Applications, 91.016

Closing hours, 91.022

Conditions, 91.021

Fees, 91.017

Granting, 91.018

License required, 91.015

Persons ineligible for license, 91.019

Places ineligible for license, 91.020

Revocation, 91.023

Licensing

Application for license, 91.055

Applications for renewal, 91.057

Conditions of license, 91.062

Council discretion to grant or deny a license, 91.054

Description of premises, 91.056

Hearing and issuance, 91.060

Hours and days of sale, 91.063

Investigation, 91.059

Kinds of liquor licenses, 91.052

License fees; pro rata, 91.053

Minors on premises, 91.064

Number of licenses which may be issued, 91.050

Restrictions on issuance, 91.061

Restrictions on purchase and consumption, 91.065

Suspension and revocation, 91.066

Term and expiration of licenses, 91.051

Transfer of license, 91.058

Liquor Regulations Generally

Adoption of state law by reference, 91.035

City may be more restrictive than state law, 91.036

Consumption in public places, 91.039

Definitions, 91.037

Nudity on the premises of licensed establishments prohibited, 91.038

Municipal Liquor Stores

Application of this subchapter, 91.080

Existing municipal stores continued, 91.081

Issuance of other licenses, 91.085

Location, 91.082

Operation, 91.083

Proof of financial responsibility, 91.084

Penalties, 91.999

ANIMAL ESTABLISHMENTS; COMMERCIAL (See COMMERCIAL ANIMAL

ESTABLISHMENTS)

ANIMAL FEES, 36.07

ANIMALS

Dangerous Dogs

Dangerous dog designation review, 90.066

Exemptions, 90.067

Registration of dangerous dogs, 90.065

Tag, 90.068

Definitions, 90.001

Destruction and Confiscation

Confiscation of dangerous dogs, 90.081

Destruction of certain dogs and cats, 90.085

Destruction of animals in certain circumstances, 90.086

Provision of reclamation, 90.083

Quarantine of certain dogs and cats, 90.080

Safety emergencies, 90.082

Subsequent offenses, 90.084

6 Park Rapids - Index

ANIMALS (Cont’d)

Dogs and Cats

Confinement of certain animals, 90.022

Dog and cat nuisances, 90.021

Impoundment and redemption procedures, 90.023

License tag and fees, 90.016

New residents in the city, 90.019

Rabies inoculation, 90.017

Registration and licensing requirements, 90.015

Running at large, 90.020

Terms of license, 90.018

Humane Treatment

Cruelty to animals, 90.056

Improper care, 90.055

Other Animals

Animals at large, 90.041

General prohibition, 90.040

Non-domestic or exotic animals, 90.042

Penalty, 90.999

B-1 HIGHWAY BUSINESS DISTRICT, 151.065

B-2 GENERAL BUSINESS DISTRICT, 151.066

BACKGROUND CHECKS (See EMPLOYMENT BACKGROUND CHECKS)

BACKHOE OPERATORS

Applications, 118.03

Board of Review, 118.09

Bond, 118.04

Inspections, 118.08

Insurance, 118.05

Penalty, 118.99

Permit, 118.01

Permits; fees; exceptions, 118.07

Permitted plumbers, 118.02

Worker’s Compensation, 118.06

BEAUTIFICATION BOARD (See PARKS AND BEAUTIFICATION BOARD)

BEER (See ALCOHOLIC BEVERAGES)

BEER FEES, 36.04

BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS AND SKATEBOARDS

Bicycles

Carrying articles, 74.07

Definition, 74.01

Hitching rides, 74.04

Lighting and brake equipment, 74.08

Manner and number riding, 74.03

Riding on sidewalks in business district, 74.10

Right-of-way; sidewalks, 74.06

Sale with reflectors, 74.09

Traffic laws apply, 74.02

Where to ride, 74.05

Roller Blades, Roller Skates, Roller Skis and Skateboards

Definitions, 74.25

Hours of use, 74.28

Right-of-way, 74.27

Unlawful acts, 74.26

Violations, 74.99

BUILDING PERMIT FEES, 36.08

BUILDINGS AND BUILDING REGULATIONS

Building Code

Application, administration, and enforcement, 150.01

Building Code, 150.03

Permits and fees, 150.02

Penalty, 150.99

Uniform Address Plan

Building numbers, 150.16

Location; size; shape, 150.17

Maintenance of building numbers, 150.19

Multiple dwelling numbering, 150.18

Purpose, 150.15

Time for compliance, 150.20

BURNING (See also FIRE PROTECTION AND PREVENTION)

Burning restrictions and permits, 32.41

Definitions, 32.40

BUSINESSES GENERALLY

Duration of permit, 110.03

Duties of permittee, 110.06

Fees, 110.02

Inspection, 110.05

Permits, 110.01

Suspension or revocation, 110.07

Transfers, 110.04

C-1 CONSERVATION DISTRICT, 151.057

CAT AND OTHER ANIMAL FEES, 36.07

CATS (See ANIMALS)

CITY ADMINISTRATION

City Administrator

Appointment, 30.40

Duties, 30.41

Organizational chart, 30.42

Separate offices for City Clerk and Treasurer, 30.43

City elections, 30.01

Council

Appeals procedure, 30.21

Committees, 30.27

Initial meeting of each year, 30.17

Minutes, 30.23

Order of business, 30.24

Ordinances, resolutions, motions, petitions, and communications, 30.26

Presiding officer, 30.19

Public meetings, 30.18

Quorum and voting, 30.25

Regular meetings, 30.15

Rights of presiding officer, 30.22

Rules of procedure, 30.20

Salaries of Mayor and Council members, 30.29

Special meetings, 30.16

Suspension or amendment of rules, 30.28

Hearings, 30.03

Terms of office, 30.02

CITY ADMINISTRATOR

Appointment, 30.40

Duties, 30.41

Organizational chart, 30.42

Separate offices for City Clerk and Treasurer, 30.43

CITY CLERK AND TREASURER, 30.43

CITY ELECTIONS, 30.01

CITY EQUIPMENT CHARGES, 36.10

CITY POLICIES

Administrative Penalties

Appeals, 35.55

Collection of Administrator penalties, 35.61

Continued violation, 35.58

Designation as an Administrator violation, 35.60

Findings, 35.54

Hearing officer, 35.53

Hearings, 35.52

Misdemeanor prosecution, 35.57

Notice, 35.51

Penalties, 35.59

Purpose, 35.50

Record of proceeding, 35.56

Statute, 35.62

Personnel Policy

Establishment, amendment, and modification by resolution, 35.20

Purchasing Policy

City employee purchasing, 35.03

Contracts for local improvements paid for by special assessments of $50,000 or greater,

35.07

Contracts from $2,500 to $25,000, 35.04

Contracts from $25,000 to $100,000, 35.05

Contracts of $100,000 or greater, 35.06

Emergency purchasing and contracting, 35.02

Purchasing agent duties, powers, and dollar limits, 35.01

CLERK AND TREASURER, 30.43

CODE OF ORDINANCES; GENERAL PROVISIONS

Adoption of statutes and rules by reference, 10.19

Application to future ordinances, 10.03

Captions, 10.04

Copies of code, 10.18

Definitions, 10.05

Effective date of ordinances, 10.14

Enforcement, 10.20

Errors and omissions, 10.09

General penalty, 10.99

Official time, 10.10

Ordinances repealed, 10.12

Ordinances unaffected, 10.13

Ordinances which amend or supplement code, 10.16

Preservation of penalties, offenses, rights and liabilities, 10.17

Reasonable time, 10.11

Reference to offices, 10.08

Reference to other sections, 10.07

Repeal or modification of ordinance, 10.15

Rules of interpretation, 10.02

Severability, 10.06

Supplemental administrative penalties, 10.98

Title of code, 10.01

COMMERCE FEES, 36.03

COMMERCIAL ANIMAL ESTABLISHMENTS

Definitions, 111.02

Health and welfare regulations, 111.08

Penalty, 111.99

Permit application, 111.04

Permit application, execution, verification and consideration, 111.06

Permit fee, 111.05

Permit regulations, 111.10

Permit required, 111.03

Persons and locations ineligible for a permit, 111.07

Purpose, 111.01

Sanctions for permit violations, 111.09

COMMITTEES, 30.27

CONCERTS; OUTDOOR/MUSIC EVENTS (See PUBLIC PROPERTY/FACILITIES

REGULATIONS)

CONSERVATION DISTRICT, 151.057

COUNCIL (See CITY ADMINISTRATION)

COUNCIL MEMBERS; SALARIES, 30.29

CRIMINAL HISTORY CHECKS (See LAW ENFORCEMENT)

CRUISING PROHIBITED, 70.09

CURFEW, 130.05

DANCES (See PUBLIC PROPERTY/FACILITIES REGULATIONS)

DOG, CAT AND OTHER ANIMAL FEES, 36.07

DOGS (See ANIMALS)

ELECTIONS; CITY, 30.01

EMERGENCY MANAGEMENT

Definitions, 37.02

Emergency management a government function, 37.07

Emergency regulations, 37.06

Establishment of emergency management organization, 37.03

Local emergencies, 37.05

Participation in labor disputes or politics, 37.08

Penalty, 37.99

Policy and purpose, 37.01

Powers and duties of Director, 37.04

EMPLOYEE/CONTRACTED SERVICES COMPENSATION, 36.06

EMPLOYMENT BACKGROUND CHECKS

Applicants for city employment, 38.01

Criminal history employment background investigations, 38.02

ENVIRONMENT

Firewood and Stockpiling of Wood

Regulations adopted by reference, 93.35

Penalty, 93.99

Tree Standards and Urban Forestry Committee

Arborists license and bonding, 93.21

Boulevard trees, 93.10

Boulevard trees damaged by contractor or property owner, 93.11

Compensation, 93.04

Creation and establishment of the Urban Forestry Committee, 93.02

2014 S-11

12 Park Rapids - Index

ENVIRONMENT (Cont’d)

Tree Standards and Urban Forestry Committee (Cont’d)

Dead or diseased tree removal on private property, 93.17

Definitions, 93.01

Distance from curb to sidewalk, 93.08

Distance from street corners to fire hydrants, 93.09

Duties and responsibilities, 93.05

Insurance, 93.22

Interference with Urban Forestry Committee, 93.20

Protection and preservation of trees, 93.19

Pruning and corner clearance, 93.15

Pruning standards, 93.14

Public tree care, 93.13

Removal of tree stumps, 93.18

Review by City Council, 93.23

Spacing, 93.07

Terms of office, 93.03

Tree species to be planted, 93.06

Tree topping, 93.16

Utilities, 93.12

EQUIPMENT CHARGES; CITY, 36.10

EVENT FEES, 36.15

FACILITIES REGULATIONS (See PUBLIC PROPERTY/FACILITIES REGULATIONS)

FEE SCHEDULE

Airport fees, 36.12

Beer fees, 36.04

Building permit fees, 36.08

City equipment charges, 36.10

Commerce fees, 36.03

Dog, cat and other animal fees, 36.07

Employee/contracted services compensation, 36.06

Event fees, 36.15

Fees covered, 36.01

Liquor fees, 36.05

Miscellaneous fees, 36.13

Payment, 36.02

Planning/zoning fees, 36.11

Rental inspection fees, 36.16

Revolving Loan Fund fees, 36.14

Water and sewer fees, 36.09

FINANCES

Lodging Tax

Administration of tax, 34.10

Advertising of no tax, 34.05

Collections, 34.03

Definitions, 34.01

Examination of records, 34.11

Examination of return, adjustments, notices, and demands, 34.07

Exceptions and exemptions, 34.04

Failure to file a return, 34.09

Imposition of tax, 34.02

Payment and returns, 34.06

Private or nonpublic data, 34.14

Refunds, 34.08

Use of proceeds, 34.13

Violations, 34.12

Penalty, 34.99

FIRE PROTECTION AND PREVENTION

Burning

Burning restrictions and permits, 32.41

Definitions, 32.40

Fire Code

Adoption, 32.25

Appeals, 32.29

Enforcement, 32.26

Explosive and flammable liquids district, 32.27

Modifications, 32.28

Fire Department

Assistant Chiefs, 32.07

Chief to have Fire Marshal duties, 32.03

Compensation, 32.10

Duties of Chief, 32.04

Fire Department continued, 32.01

Firefighters, 32.08

Interference with Department, 32.13

Loss of membership, 32.09

Minimum pay, 32.11

Practice drills, 32.06

Records, 32.05

Relief association, 32.12

Selection, 32.02

Penalty, 32.99

FIREWOOD AND STOCKPILING OF WOOD

Regulations adopted by reference, 93.35

GARAGE SALES

Definition, 112.02

Limitations, 112.03

Penalty, 112.99

Purpose, 112.01

GARBAGE (See also RENTALS)

Extermination of pests, 152.034

Generally, 152.033

Penalty, 152.999

Rubbish, 152.032

GENERAL BUSINESS DISTRICT, 151.066

HANDBILLS, 130.04

HEARING OFFICER, 35.53

HEAVY INDUSTRY DISTRICT, 151.068

HIGHWAY BUSINESS DISTRICT, 151.065

I-1 LIGHT INDUSTRY DISTRICT, 151.067

I-2 HEAVY INDUSTRY DISTRICT, 151.068

ICE, DIRT AND RUBBISH, 94.039

IMPOUNDMENT, 71.09

JUNK DEALERS (See PAWNBROKERS, SECOND-HAND GOODS AND JUNK DEALERS)

JUNK YARDS (See WRECKING YARDS AND JUNK YARDS)

LAW ENFORCEMENT

Criminal History Checks

Applications, 33.21

Effective date, 33.27

Information on application, 33.23

Other investigations, 33.26

Index 15

LAW ENFORCEMENT (Cont’d)

Criminal History Checks (Cont’d)

Persons subject to criminal history checks, 33.20

Referral to Chief of Police, 33.24

Verification, 33.25

Waiver statement to be on applications, 33.22

Police Department

Chief of Police, 33.02

Duties of police, 33.03

Establishment, 33.01

Extra police, 33.05

Uniform and badge, 33.04

LIGHT INDUSTRY DISTRICT, 151.067

LIQUOR (See ALCOHOLIC BEVERAGES)

LIQUOR FEES, 36.05

LODGING TAX (See FINANCES)

LOITERING, 130.03

MAYOR AND COUNCIL MEMBERS; SALARIES, 30.29

MECHANICAL CONTRACTORS

Bond requirement, 116.09

Definitions, 116.02

Duration of permit, 116.05

Eligibility for permit, 116.07

Penalty, 116.99

Permit application, 116.04

Permit fee, 116.08

Permit required, 116.03

Purpose, 116.01

Renewal, 116.06

Restriction regarding permit transfer, 116.10

Sanctions for permit violations, 116.11

MEDIUM DENSITY RESIDENTIAL DISTRICT, 151.063

16 Park Rapids - Index

MEETINGS

Public, 30.18

Regular, 30.15

Special, 30.16

MINUTES, 30.23

MUNICIPAL AIRPORT ADVISORY COMMISSION

Conflict of interest, 31.07

Established, 31.01

Functions, powers and duties, 31.08

Meetings, 31.03

Memberships, 31.04

Officers, 31.06

Purpose, 31.02

Reimbursement for expenses, 31.11

Removal from office; vacancies, 31.10

Terms of office, 31.05

Vacancies, 31.09

MUSIC EVENTS (See PUBLIC PROPERTY/FACILITIES REGULATIONS)

NOISY PARTIES, 130.02

NUISANCES

Administrative liability, 92.10

Definitions, 92.02

Enforcement, 92.09

Findings, purpose and definition, 92.01

General policy, 92.06

Inspection of dwelling and premises, 92.07

Penalty, 92.99

Public nuisances affecting public peace and safety, 92.04

Public nuisances affecting health, 92.03

Public nuisances affecting environment, 92.05

Service of notice, 92.08

OFFENSES

Curfew, 130.05

Definitions, 130.01

Handbills, 130.04

Loitering, 130.03

Index 17

OFFENSES (Cont’d)

Noisy parties, 130.02

Penalty, 130.99

Public event at fairgrounds, 130.06

Responsibility of parents, 130.07

ORDINANCES (See CODE OF ORDINANCES)

OUTDOOR CONCERTS/MUSIC EVENTS (See PUBLIC PROPERTY/FACILITIES

REGULATIONS)

P PUBLIC AND QUASI-PUBLIC ZONE DISTRICT, 151.059

PARADES (See PUBLIC PROPERTY/FACILITIES REGULATIONS)

PARK REGULATIONS (See PUBLIC PROPERTY/FACILITIES REGULATIONS)

PARKING REGULATIONS (See TRAFFIC CODE)

PARKS AND BEAUTIFICATION BOARD

Composition of Board, 31.43

Members and terms, 31.42

Purpose, 31.40

Responsibilities of the Board, 31.41

PARTIES; NOISY, 130.02

PAWNBROKERS, SECOND-HAND GOODS AND JUNK DEALERS

Bonds, 113.05

Definitions, 113.02

Exceptions, 113.03

Holding and redemption periods, 113.13

Hours and days of operation, 113.14

Identification requirements, 113.12

Penalty, 113.99

Permit application, 113.06

Permit required, 113.04

Purpose, 113.01

Receipts required, 113.10

Records required, 113.09

Reports to police, 113.11

Restrictions, 113.07

Suspension and revocation, 113.08

Unlawful acts, 113.15

PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS

Appeals, 114.13

Definitions and interpretation, 114.01

Duration, 114.06

Effective date, 114.18

Emergency, 114.12

Exceptions to definitions, 114.02

Exclusion by placard, 114.17

Fees, 114.04

Ineligibility for permit, 114.08

Notice of revocation or suspension, 114.10

Penalty, 114.99

Permit exemptions, 114.07

Permitting, 114.03

Procedure, 114.05

Prohibited activities, 114.16

Public hearing, 114.11

Registration, 114.15

Suspension and revocation, 114.09

Transferability, 114.14

PERSONNEL POLICY

Establishment, amendment, and modification by resolution, 35.20

PESTS (See also RENTALS)

Extermination of pests, 152.034

Penalty, 152.999

PLANNED UNIT DEVELOPMENTS (See ZONING)

PLANNING/ZONING FEES, 36.11

PLUMBERS (See also RENTALS)

Applications, 115.04

Bond, 115.05

Exemption from state master plumbers license requirement, 115.03

Insurance, 115.06

Permit, 115.01

Permits, fees and exceptions, 115.08

Plumbing fixtures, 152.035

State license, 115.02

Worker’s Compensation, 115.07

Index 19

PLUMBING (See also RENTALS)

Plumbing fixtures, 152.035

POLICE DEPARTMENT (See LAW ENFORCEMENT)

POLICIES (See CITY POLICIES)

PROPERTY; ABANDONED (See ABANDONED PROPERTY)

PUBLIC AND QUASI-PUBLIC ZONE DISTRICT, 151.059

PUBLIC MEETINGS, 30.18

PUBLIC PROPERTY/FACILITIES REGULATIONS

Dances

Definitions, 96.026

Permit application; verification and consideration, 96.028

Permit fees, 96.029

Permit restrictions, 96.030

Purpose, 96.025

Special event dance permit required; exceptions, 96.027

Duration of permit, 96.006

Duties of permittee, 96.009

Fees, 96.005

Inspection, 96.008

Outdoor Concerts/Music Events

Definitions, 96.046

Exemptions from permit fee and application, 96.050

Permit application, 96.048

Permit fees, 96.049

Permit required, 96.047

Purpose, 96.045

Parades

Alternative permit, 96.072

Application, 96.068

Definitions, 96.065

Exceptions, 96.067

Notice of rejection, 96.071

Notice to other officials, 96.073

Permit required, 96.066

Public conduct during parades, 96.074

Review by Police Chief, 96.069

Standards for issuance, 96.070

Park Regulations

Bicycling, 96.098

Boating, 96.096

Camping, 96.094

Definitions, 96.091

General conduct, 96.092

Horseback riding, 96.097

Meetings, speeches, demonstrations and parades, 96.099

Motorized recreation vehicle, 96.101

Park operation, 96.102

Protection of natural resources and wildlife, 96.093

Purpose, 96.090

Swimming, 96.095

Vehicles, 96.100

Penalty, 96.999

Permits, 96.001

Postings and circulations prohibited, 96.011

Procedures for review; waivers, 96.004

Processing of application for permits, 96.003

Provisions of application, 96.002

Revocation, 96.010

Transfers, 96.007

PURCHASING POLICY (See CITY POLICIES)

QUASI-PUBLIC ZONE DISTRICT, 151.059

R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, 151.060

R-1A SINGLE-FAMILY RESIDENTIAL DISTRICT IN ANNEXATION AREA DISTRICT,

151.061

R-2 SINGLE, 2-FAMILY AND TOWNHOUSE DISTRICT, 151.062

R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT, 151.063

R-B RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT, 151.064

RECREATIONAL VEHICLES

Definition, 73.02

Designation of public areas for use, 73.07

Hours of operation, 73.05

Minimum equipment requirements, 73.06

Motorized golf carts, 73.08

Operation requirements, 73.03

Purpose and intent, 73.01

Street crossings, 73.04

REGULAR MEETINGS, 30.15

RENTAL UNITS

Administration and Enforcement

Authority to condemn or close off rentals, 152.070

Emergency action, 152.076

Further actions or injunctive relief, 152.077

Hearing, 152.073

Inspections and investigations, 152.071

Notice of violation, 152.072

Order of the Board, 152.074

Records at hearing, 152.075

Definitions, 152.002

Designation of unfit dwellings and condemnation, 152.003

Higher standards to prevail, 152.004

Minimum Standards

Basic equipment and facilities, 152.015

Light, ventilation, and heat, 152.016

Maintenance requirements, 152.017

Minimum space, use, and location requirements, 152.018

Penalty, 152.999

Purpose, 152.001

Responsibilities of Owners and Occupants

Cleanliness, 152.031

Extermination of pests, 152.034

Garbage, 152.033

Plumbing fixtures, 152.035

Public areas, 152.030

Rubbish, 152.032

Registration of Rental Units

Failure to grant registration; revocation, suspension, or failure to renew registration,

152.057

Fees, 152.054

Maintenance of records, 152.055

Maintenance standards, 152.056

Manner of registration renewal, 152.052

Registration required; exemptions, 152.050

Registration requirements, 152.051

Transfer of property, 152.053

22 Park Rapids - Index

RENTALS

Administration and Enforcement

Authority to condemn or close off rentals, 152.070

Emergency action, 152.076

Further actions or injunctive relief, 152.077

Hearing, 152.073

Inspections and investigations, 152.071

Notice of violation, 152.072

Order of the Board, 152.074

Records at hearing, 152.075

Definitions, 152.002

Designation of unfit dwellings and condemnation, 152.003

Higher standards to prevail, 152.004

Minimum Standards

Basic equipment and facilities, 152.015

Light, ventilation, and heat, 152.016

Maintenance requirements, 152.017

Minimum space, use, and location requirements, 152.018

Penalty, 152.999

Purpose, 152.001

Responsibilities of Owners and Occupants

Cleanliness, 152.031

Extermination of pests, 152.034

Garbage, 152.033

Plumbing fixtures, 152.035

Public areas, 152.030

Rubbish, 152.032

Registration of Rental Units

Failure to grant registration; revocation, suspension, or failure to renew registration,

152.057

Fees, 152.054

Maintenance of records, 152.055

Maintenance standards, 152.056

Manner of registration renewal, 152.052

Registration required; exemptions, 152.050

Registration requirements, 152.051

Transfer of property, 152.053

RENTAL INSPECTION FEES, 36.16

RESIDENTIAL-BUSINESS TRANSITIONAL DISTRICT, 151.064

REVENUE (See FINANCES)

REVOLVING LOAN FUND FEES, 36.14

RIGHT-OF-WAY MANAGEMENT

Administration

Administration, 95.15

Registration and right-of-way occupancy, 95.17

Registration information, 95.18

Reporting obligations, 95.19

Utility Coordination Committee, 95.16

Definitions, 95.02

Findings and purpose, 95.01

Permits

Abandoned and usable facilities, 95.51

Appeal, 95.52

Damage to other facilities, 95.48

Denial of permit, 95.38

Indemnification and liability, 95.50

Inspection, 95.40

Installation requirements, 95.39

Issuance of permit; conditions, 95.32

Joint application, 95.35

Location of facilities, 95.45

Mapping date, 95.44

Other obligations, 95.37

Permit applications, 95.31

Permit fees, 95.33

Permit requirement, 95.30

Pre-excavation facility and facilities location, 95.47

Relocation of facilities, 95.46

Reservation of regulatory and police powers, 95.53

Revocation of permits, 95.43

Right-of-way patching and restoring, 95.34

Right-of-way vacation, 95.49

Severability, 95.54

Supplementary applications, 95.36

Supplementary notification, 95.42

Work done without a permit, 95.41

RUBBISH (See also RENTALS)

Extermination of pests, 152.034

Garbage, 152.033

Generally, 152.032

Penalty, 152.999

S-O SHORELAND OVERLAY DISTRICT, 151.069

SECOND-HAND GOODS (See PAWNBROKERS, SECOND-HAND GOODS AND JUNK

DEALERS)

SEWER (See WATER AND SEWER)

SEWER FEES, 36.09

SHORELAND OVERLAY DISTRICT, 151.069

SIDEWALKS (See STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES)

SIGN REGULATIONS (See ZONING)

SINGLE, 2-FAMILY AND TOWNHOUSE DISTRICT, 151.062

SINGLE-FAMILY RESIDENTIAL DISTRICT, 151.060

SINGLE-FAMILY RESIDENTIAL IN ANNEXATION AREA DISTRICT, 151.061

SNOW, ICE, DIRT AND RUBBISH, 94.039

SNOWMOBILES

Application of traffic ordinances, 72.03

Definitions, 72.02

Emergency operation permitted, 72.09

Equipment, 72.07

Intent, 72.01

Persons under 18, 72.06

Restrictions, 72.04

Stopping and yielding, 72.05

Unattended snowmobiles, 72.08

SOCIAL HOST

Authority, 131.02

Definitions, 131.03

Enforcement, 131.06

Exceptions, 131.05

Penalty, 131.99

Prohibited acts, 131.04

Purpose and findings, 131.01

Severability, 131.07

SOLICITORS AND TRANSIENT MERCHANTS (See PEDDLERS, SOLICITORS, AND

TRANSIENT MERCHANTS)

SPECIAL MEETINGS, 30.16

STORM WATER UTILITY

Administration, 51.03

Purpose, 51.02

Rates and charges, 51.04

Storm water utility and authority, 51.01

STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES

Liability of City

Actions against city; notice, 94.070

Receipt of notice, 94.071

Record of notices, 94.072

Obligation of Property Owners

Assessment, 94.037

Civil action, 94.038

Definitions, 94.035

Personal liability, 94.036

Public health and safety standards, 94.040

Repair of sidewalks and alleys, 94.041

Snow, ice, dirt and rubbish, 94.039

Penalty, 94.999

Street Excavations

Application and regulations, 94.002

Bond, 94.003

Excavations on state or federal highways, 94.007

General regulations for excavations, 94.004

Map of subsurface installations, 94.008

Pavement; city to replace, 94.006

Permit required, 94.001

Refilling excavations, 94.005

Street Lighting

Assessment of unpaid bills, 94.022

Billing; billing units, 94.021

System established, 94.020

Streets, Alleys and Boulevards

Boulevards, 94.056

Streets and alleys, 94.055

SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS (See ZONING)

TAXATION (See FINANCES)

TAXICAB DRIVERS, 121.09 (See also VEHICLES FOR HIRE)

TOWNHOUSE DISTRICT, 151.062

TRAFFIC CODE

Abandoned property (See ABANDONED PROPERTY)

Bicycles (See BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS AND

SKATEBOARDS)

Cruising prohibited, 70.09

Declaration of snow emergency; parking prohibited, 71.04

Excessive noise, 70.07

Exhibition driving prohibited, 70.08

Impoundment, 71.09

Limited parking, 71.02

Motor vehicle noise, 70.10

No parking where posted, 71.01

Other parking restrictions, 71.03

Overnight parking, 71.06

Parking certain semi-trailers or tractors on public streets prohibited, 71.05

Prima facie violation, 71.10

Prohibiting parking areas in front yards in residential zones, 71.08

Recreational vehicles (See RECREATIONAL VEHICLES)

Repairing of vehicles, 71.07

Roller blades (See BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS

AND

SKATEBOARDS)

Roller skates (See BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS

AND

SKATEBOARDS)

Roller skis (See BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS

AND

SKATEBOARDS)

Skateboards (See BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS

AND

SKATEBOARDS)

Snowmobiles (See SNOWMOBILES)

State highway traffic regulations adopted by reference, 70.01

Stop intersections, 70.03

Through streets and 1-way streets, 70.04

Trucks prohibited on certain streets, 70.02

Turning restrictions, 70.05

U-turns restricted, 70.06

TRANSIENT MERCHANTS (See PEDDLERS, SOLICITORS, AND TRANSIENT

MERCHANTS)

TREASURER, 30.43

TREE CONTRACTORS

Application, 120.02

Duration of permit, 120.04

Insurance, 120.05

Penalty, 120.99

Permit fee, 120.03

Sanctions for permit violations, 120.07

Tree contractor permit, 120.01

Worker’s Compensation, 120.06

TREE STANDARDS AND URBAN FORESTRY COMMITTEE (See ENVIRONMENT)

TRUCKS PROHIBITED ON CERTAIN STREETS, 70.02

U-TURNS RESTRICTED, 70.06

UNFIT DWELLING (See also RENTALS)

Designation of unfit dwellings and condemnation, 152.003

Penalty, 152.999

URBAN FORESTRY COMMITTEE (See ENVIRONMENT)

VEHICLES FOR HIRE

Application; requirements, 121.03

Definitions, 121.01

Duration of license, 121.05

Examination of taxicabs, 121.06

Granting license, 121.07

Insurance, 121.10

License fee, 121.04

License required, 121.02

Limit on number of licenses to be issued, 121.08

Penalty, 121.99

Taxicab drivers, 121.09

VEHICLES; ABANDONED (See ABANDONED PROPERTY)

WATER AND SEWER

Penalty, 50.99

Sewer Service Charge

Administration, 50.46

Sewer service rates, 50.48

Sewer service fund, 50.45

Validity, 50.47

Sewer Use

Authority of Inspectors, 50.31

Building sewers and connections, 50.28

Definitions, 50.25

Main and lateral sewer construction, 50.29

Private sewage disposal, 50.27

Protection from damage, 50.30

Use of public sewers, 50.26

Validity, 50.32

Water

Application for service connection, 50.01

Billing and payment, 50.09

Connection mandatory, 50.06

Defective service, 50.12

Disconnection for late payment, 50.10

Failure to connect; Council action, 50.07

General regulations, 50.11

Inspection and repairs, 50.13

Installation, 50.04

Installation, water services, 50.05

Separate connections, branch systems, 50.03

Water meters, 50.02

Water rates, 50.08

Water Superintendent, 50.14

WATER AND SEWER FEES, 36.09

WRECKING YARDS AND JUNK YARDS

Penalty, 117.99

Permit required; application; fee, 117.01

Regulation, 117.02

Revocation, 117.03

ZONING

Abrogation and greater restrictions, 151.009

Accessory Uses and Structures, 151.115

Administration

Access to private property, 151.248

Amendments, 151.246

Board of adjustment, 151.244

Conditional use permits, 151.243

Fees, 151.249

Permits, 151.241

Planning Commission, 151.242

Public notice and hearing requirements, 151.247

Variances and appeals, 151.245

Zoning Administrator, 151.240

Compliance, 151.005

Definitions, 151.003

Effective date, 151.010

Enforcement, 151.006

Establishment of Zoning Districts

Establishment of zoning districts, 151.040

Interpretation of zoning map, 151.042

Zoning map, 151.041

General Shoreland Requirements

Placement and design of roads, driveways, recreational trails and parking areas, 151.082

Special provisions for forest management, 151.086

Special provisions for agricultural uses, 151.085

Special provisions for commercial, industrial, public and semi-public uses, 151.084

Special provisions for extractive uses, 151.087

Stormwater management standards, 151.083

Topographic alterations/grading and filling, 151.081

Vegetative alterations, 151.080

Intent and purpose, 151.002

Interpretation, 151.007

Jurisdiction, 151.004

Non-conformities and Substandard Lots of Record

Non-conforming sewage treatment systems, 151.104

Non-conforming structures, 151.102

Non-conforming uses, 151.101

Statement of intent, 151.100

Substandard lots of record, 151.103

Penalty, 151.999

Performance Standards

Determination of conformity, 151.145

Driveways, 151.155

Exceptions to yard requirements, 151.162

Exterior storage, 151.149

General development plan and site plan, 151.161

Home occupations, 151.146

Landscaping, 151.164

Maintenance, 151.152

Mobile home park standards, 151.158

Moved in structures, 151.150

Parking standards, traffic control, and storm water management, 151.156

Professional/personal service offices, 151.160

Screening and/or fencing, 151.151

Site view clearance, 151.157

Special provisions applicable to specific permitted and conditional uses, 151.163

Special provisions for industrial uses, 151.159

Standards for single-family dwellings, 151.147

Storm water management, 151.154

Temporary dwellings, 151.148

Traffic control, 151.153

Sanitation Standards

Revision to an approved plan, 151.132

Sewage treatment permit requirements, 151.131

Sewage treatment standards, 151.130

Sewage treatment system inspection, 151.133

Water supply standards, 151.134

Severability, 151.008

Shoreland Classification System

General provisions, 151.025

Natural environment lakes, 151.026

Recreational development lakes, 151.027

Tributaries, 151.028

Sign Regulations

Administration and enforcement, 151.193

Definitions, 151.176

Dynamic displays and changeable copy signs, 151.181

Effect, 151.175

Exempted signs - no permit, 151.178

Findings, 151.175

General provisions, 151.180

Illumination and brightness standards, 151.182

Non-conforming sign; compliance, 151.192

Permit required, 151.177

Prohibited signs, 151.179

Purpose,151.175

Severability, 151.194

Signs permitted in General Business (B-2) District, 151.189

Signs permitted in Highway Business (B-1) District, 151.188

Signs permitted in Light Industry (I-1) and Heavy Industry (I-2) Districts, 151.190

Signs permitted in Agricultural (AG-1) District, Public and Quasi-Public (P) District,

and Conservation (C-1) District, 151.185

Signs permitted in Residential (R-1, R-1A, R-2, and R-3) Districts, 151.186

Signs permitted in Residential-Business Transitional (R-B) District, 151.187

Street banners, 151.191

Substitution clause, 151.183

Temporary signs, 151.184

Statutory authorization, 151.001

Subdivisions and Planned Unit Developments

Building permits, 151.219

Conversions to PUD’s, 151.226

Conveyance by metes and bounds, 151.221

Copies of plat, 151.220

Definitions, 151.207

Development agreement for improvements, 151.216

General provisions, 151.208

Limits of regulations and scope, 151.206

Minimum subdivision design standards, 151.213

Modification, exceptions, and variances, 151.218

Necessary data for final plat, 151.212

Necessary data for preliminary plat, 151.210

Optional city construction permitted, 151.217

Park dedication, open spaces and public uses, 151.214

Planned unit development review, 151.222

Procedures, 151.209

PUD maintenance and design criteria, 151.225

PUD site suitability evaluation, 151.223

Purpose and interpretation, 151.205

Qualification governing approval of preliminary plan, 151.211

Required improvements on the site, 151.215

Residential and commercial PUD density evaluation, 151.224

Zoning District Requirements

(AG-1) Agricultural District, 151.058

(B-1) Highway Business District, 151.065

(B-2) General Business District, 151.066

(C-1) Conservation District, 151.057

(I-1) Light Industry District, 151.067

(I-2) Heavy Industry District, 151.068

(P) Public and Quasi-Public Zone District, 151.059

(R-1) Single-Family Residential District, 151.060

(R-1A) Single-Family Residential in Annexation Area District, 151.061

(R-2) Single, 2-Family and Townhouse District, 151.062

(R-3) Medium Density Residential District, 151.063

(R-B) Residential-Business Transitional District, 151.064

(S-O) Shoreland Overlay District, 151.069

Averaging setbacks, 151.055

Distance between buildings, 151.056

ZONING FEES, 36.11