HomeMy WebLinkAbout1343 - ADMIN Ordinance - City Council - 1976/08/021
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ORDINANCE NO. 1343
AN ORDINANCE ADOPTING A REVISION AND
CODIFICATION OF ORDINANCES TO BE
KNOWN AS THE ST. LOUIS PARK ORDINANCE
CODE: PROVIDING FOR THE PRESERVATION
OF CERTAIN RIGHTS: PROVIDING FOR THE
PUBLICATION OF THE ST. LOUIS PARK
ORDINANCE CODE: AND PROVIDING A PENALTY
FOR THE VIOLATION OF THE ST. LOUIS PARK
ORDINANCE CODE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Adoption of Code. This Ordinance, consisting of
Chapters 1 through 15, inclusive, and Appendixes A and B, is a
codification and revision of the general and permanent ordinance of
the City of St. Louis Park and shall be and is hereby adopted as a
single, original and comprehensive ordinance as authorized by
Section 3.10 of the Home Rule Charter of the City of St. Louis Park.
This codification shall be known as and may be cited as the "St.
Louis Park Ordinance Code". All ordinances repealed by Sections
2 and 3 are superceded by the "St. Louis Park Ordinance Code".
Section 2. Short Title. The St. Louis Park Ordinance Code
may be referred to within the Code as "this Code" or "the Ordinance
Code" as well as the "St. Louis Park Ordinance Code".
Section 3. Repeal of Prior Codified Ordinances. The codified
ordinances of the City of St. Louis Park, known as the "St. Louis
Park Ordinance Code", adopted by Ordinance No. 646, October 6, 1958,
entitled "An Ordinance Adopting the St. Louis Park Ordinance Code
and Providing for its Publication in Loose -Leaf Form", as
supplemented through March 1, 1961, to include Ordinance No. 643
through No. 770, are hereby repealed as of the effective date of
this Ordinance.
Section 4. Repeal of General Ordinances. Appendix A to the
St. Louis Park Ordinance Code is a listing of all general ordinances
of the City from Ordinance No. 771 through Ordinance No. 1257, all
adopted after the date of the last recodification of the ordinances
of the City of St. Louis Park. All ordinances listed in Appendix A
are hereby repealed as of the effective date of this Ordinance.
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Section 5. Special Ordinances Not Reeealed. Appendix B is a
listing of all special ordinances of the City from Ordinance No. 771
through Ordinance No. 1257, which are not incorporated in the St.
Louis Park Ordinance Code. This Ordinance No. 1343 , adopting the
St. Louis Park Ordinance Code, does not affect the ordinances listed
in Appendix B.
Section 6. Modification of Other Ordinances. Ordinances passed
after Ordinance 1257, but prior to the effective date of this Code,
are continued in full force and effect, but shall be deemed modified
or amended by this Code where necessary to conform to the provisions
and form of this Code. Where such ordinances amend provisions which
are repealed by this Code, they shall be construed to amend the
appropriate provisions of this Code which supercede or replace such
repealed provisions. After the effective date of this Code, such
ordinances shall be incorporated into this Code in accordance with
Section 14 hereof.
Section 7. Cross Reference Tables.
(a) Appendix C constitutes a conversion table indicating the
disposition of the original St. Louis Park Ordinance Code sections as
supplemented through March 1, 1961 (the original ordinance Code dated
October 6, 1958, as amended to include Ordinance Nos. 643 through 770
inclusive), all as amended by Ordinance Nos. 771 through Ordinance No.
1257, in this Code.
(b) Appendix D constitutes a reverse table indicating where
in this Code the material from the original St. Louis Park Ordinance
Code, as supplemented through March 1, 1961, all as amended by Ordinance
Nos. 771 through Ordinance No. 1257, may be found.
Section 8. Preservation of Rights. The repeal of any ordinance
or portion thereof by Sections 3 and 4 hereof shall not affect or
impair any act done or right vested or accrued, or proceeding, suit
or prosecution had or commenced in any cause before such repeal takes
effect; but every such act done, or right vested or accrued, or
proceeding, suit or prosecution had or commenced shall remain in full
force and effect to all intents and purposes as if such repeal had not
taken place. No offense committed and no liability, penalty or
forfeiture either civilly or criminally incurred prior to the time when
any such ordinance or part thereof shall be repealed or altered by the
adoption of the St. Louis Park Ordinance Code, shall be discharged or
effected by such repeal or alteration; but prosecutions and suits
for such offenses, liabilities, penalties or forfeitures shall be
instituted and proceeded with in all respects as if such prior ordinance
or part thereof had not been repealed or altered.
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Section 9. Severability. If any part, sentence or clause of the
St. Louis Park Ordinance Code shall be adjudged void or of no effect,
for any reason whatsoever, such decision shall not affect the validity
of any of the remaining portions of the St. Louis Park Ordinance Code.
Section 10. Violations and Penalty. Any person, firm, or
corporation violating the provisions of the St. Louis Park Ordinance
Code shall be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not more than Three Hundred Dollars ($300.00)
or be imprisoned for not more than ninety (90) days. Each day any
violation shall exist shall constitute a separate offense.
Section 11. Publication of Code. The St. Louis Park Ordinance Code
(this Ordinance No. 1343 , Chapters 1 through 15, Appendixes A and 15)
shall be published in book form and a substantial quantity of copies
shall be printed and available at the office of the City Clerk for
general distribution to the public. In addition to this Code, there
shall be published in the same book a Table of Contents, an Index, and
Appendixes C and D attached to this ordinance. Immediately upon passage
of this Ordinance No. 1343, the City Clerk shall publish a notice for
two (2) successive weeks in the St. Louis Park Sun, the official newspaper,
of the City of St. Louis Park, stating that the printed copies of the
St. Louis Park Ordinance Code are available at the office of the City
Clerk for general distribution at a reasonable charge. The original
of this Ordinance No. 1343, with one copy of this Code attached shall
be filed with and preser� by the City Clerk as an official copy. The
City Clerk shall keep three additional copies which shall be revised by
the City Clerk pursuant to the provisions of Section 14 of this Ordinance.
Section 12. Effective Date. The St. Louis Park Ordinance Code
shall take effect on August 19 , 1976.
Section 13. Amendments and Additions to the St. Louis Park Code.
Ordinances passed after Ordinance No. 1257, containing any additions
or amendments to the St. Louis Park Ordinance Code, when passed in such
form as to indicate the intention of the City Council to make the same
a part hereof, shall be deemed to be incorporated herein so that a
reference to the St. Louis Park Ordinance Code shall be construed as
including them. Such ordinances shall be incorporated into the Ordinance
Code from time to time by the printing of revision pages for inclusion
in the Ordinance Code, pursuant to Section 14 hereof. Chapters and
sections so compiled shall be prima facie evidence of the ordinances
contained therin in all courts and proceedings.
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Section 14. Publication and Indexing of New General Ordinances.
(a) The City Clerk shall retain each original ordinance amending
the St. Louis Park Ordinance Code passed after Ordinance No. 1257,
pursuant to Charter Section 3.07.
(b) The City Clerk shall, as soon as possible after passage
of an ordinance amending or adding to the St. Louis Park Ordinance
Code, incorporate within the body of the text of the St. Louis Park
Ordinance Code, the amendments or additions made to any of the sections
contained therein by such ordinance and omit any ordinances or sections
expressly repealed. The City Clerk shall place in codified form each
ordinance as adopted by the City Council and shall enter appropriate
amendments to the Index of the St. Louis Park Ordinance Code. The
numbering system of this Code is an integral part thereof, and any
subsequent ordinance or amendment shall be placed in its logical place
and numbered in accordance with the numbering system utilized herein.
(c) The City Clerk shall thereafter cause revision pages of
the Code to be printed for inclusion in the Ordinance Code and shall
cause such revision pages to be available at the office of the City Clerk
for general distribution to the public at a reasonable charge.
(d) Upon printing of each revision page, and after making
the necessary comparison, the City Clerk shall annex, at the end of
each of the three copies of the St. Louis Park Ordinance Code required
to be kept by him pursuant to Section 11 hereof, his certificate certifying
that he has compared the sections printed on the revision page with the
original sections of the ordinance from which such sections were derived,
and that all sections appear to be correctly printed.
(e) Any page of the St. Louis Park Ordinance Code so certified
by the City Clerk shall constitute prima facie evidence of the ordinances
contained therein in all courts and proceedings and any section in any
such volume may be amended or repealed by reference to the section number
without reference to the ordinance from which it was compiled.
Section 15. Preservation and Indexing of Special Ordinances.
(a) The City Clerk shall retain each original ordinance not
amending the Ordinance Code passed after Ordinance No. 1257, pursuant
to Charter Section 3.07.
(b) The City Clerk shall place all special ordinances listed
in Appendix B in a separate volume of ordinances to be known as
"Special Ordinances of the City of St. Louis Park" and shall prepare
a separate index for such ordinances.
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(c) Ordinances passed after the date of Ordinance No. 1257,
which are special or limited in nature, when passed in such form as
to indicate the intention of the City Council not to make the same
part of the Code, shall be placed in chronological order by the City
Clerk in the separate volume of ordinances known as "Special Ordinances
of the City of St. Louis Park" as established pursuant to Section 15(b)
hereof.
(d) The City Clerk shall enter appropriate amendments to the
index of the "Special Ordinances" as new special ordinances are adopted.
Section 16. Powers of the City Clerk. The City Clerk, in preparing
revision pages of the Code, shall assign, if necessary, to such ordinances
amending the St. Louis Park Ordinance Code, chapter and section
identification by the system of numbering adopted by this ordinance. After
each section so included there shall be placed a source note indicating
the ordinance from which the same was derived. The City Clerk shall not
alter the sense, meaning, or effect of any ordinance, but may renumber
sections or subdivisions and parts of sections or subdivisions, or both,.
change reference numbers to agree with renumbered chapter, section, or
sub -division numbers, and insert numbers for the terms "this ordinance",
"the preceding section", and the like, substitute figures for written
words and vice versa, and substitute the date on which the ordinance
becomes effective for the words "the effective date of this ordinance",
and the like, and change capitalization for the purpose of uniformity,
and correct manifest clerical or typographical errors.
Section 17. Headnotes. The headnotes of the sections of the St.
Louis Park Ordinance Code are intended to indicate the contents of
the section but are not any part of the ordinance nor shall they be so
deemed when any of such sections, including the headnotes, are amended
or reenacted, unless expressly so provided.
Section 18. Separate Books. When there is sufficient demand for the
printing of ordinances or parts of the Code in separate book or
pamphlet form, the City Clerk may print and sell such books or pamphlets.
Section 19. Rules of Construction and Definitions. In the
construction of the St. Louis Park Ordinance Code the following rules
shall be observed, unless such construction would be inconsistent with
the manifest intent of the ordinance:
(1) General Rule. All words and phrases shall be
construed and understood according to the common
and approved usage of the language; but technical
words and phrases and such others as may have
acquired a peculiar and appropriate meaning in the
law shall be construed and understood according to
such peculiar and appropriate meaning.
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(2)
Gender - Singular and Plural. Every word in any
ordinance importing the masculine gender shall extend
to and be applied to females as well as males; and
every word importing the singular number only shall
extend and be applied to several persons or things
as well as to one person or thing; and every word
importing the plural number only shall extend and be
applied to one person or thing as well as to several
persons or things.
(3) Person. The word "person" shall extend and be
applied to firms, corporations, or voluntary
associations, as well as to individuals, unless
plainly inapplicable.
(4) Tenses. The use of any verb in the present tense
shall include the future when applicable.
(5) Heretofore and Hereafter. Whenever thw word
"heretofore" occurs in any section of the Ordinance
Code it shall be construed to mean any time previous
to the day when the Ordinance Code became effective,
or if contained in an ordinance adopted after that
date it shall be construed to mean the date when said
ordinance took effect; and whenever the word "hereafter"
occurs it shall be construed to mean the time after the
section containing such work shall take effect.
(6) Chapter and Section Headings. All chapter, section and
subdivision headings and titles are not to be construed
as part of the subject matter of the Code but are
intended for convenience only and not as comprehensive
titles.
(7) "This Ordinance". Whenever the term "this ordinance" is
used in the Ordinance Code it shall refer to the section
of the Ordinance Code in which it appears and related
sections under the same sub -chapter heading.
(8) Disabilities of Minority; Termination at Age 18. Except
as otherwise provided by statute or ordinance, every
disability of minority shall cease when a person reaches
18 years of age.
(9) Definitions. The terms defined in this section shall have
the meanings given them for the purpose of any ordinance
of St. Louis Park now in force, and for the purposes of
any ordinance of St. Louis Park enacted in the future
unless a different meaning is specifically attached to
the terms or the context clearly requires different meaning.
1. "Minor" means an individual under the age
of 18.
2. "Adult" means an individual 18 years of age
or over.
3. "Minority" means with respect to an individual
the period of time after which the individual
reaches the age of 18.
4. "Majority" means with respect to an individual
the period of time after which the individual
reaches the age of 18.
5. "Legal age" or "full age" means 18 years of age
or older.
(10) Conflicting Sections. If the provisions of different
sections or chapters of the Ordinance Code conflict
with or contravene each other, provisions of each
section and each chapter shall prevail as to all
matters growing out of the subject matter of such
chapter. If conflicting provisions be found in different
sections of the same chapter, the provisions of the
chapter which is most recently adopted shall prevail
unless such construction be inconsistent with the
meaning of such chapter.
(11) References to City and Officers Thereof. Whenever the
following terms are used in this Code they shall be
construed as respectively hereinafter set forth:
"City" -- City of St. Louis Park
"City Council" -- City Council of the
City of St. Louis Park
"Mayor", "City Manager", "Clerk", "Treasurer",
"City Attorney", "Health Officer", or any
other official named in the administrative Code
such officers respectively of the City of St.
Louis Park.
Adopted by the City Council August 2, 1976.
Attest:
Reviewed for administration:
Pre dent Pro Tem
Approved as to form and legality:
City At orney
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irvg* SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUISPARKSUN
6601 W. 78th St. Bloomington, Minnesota
State of Minnesota 1.
County of Hennepin
SS.
J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known at The St Louts Park Sun and
has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least
once each week (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements (4) Said
newspaper is circulated in and near the municipality which it purports to serve, has at least
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total
circulation currently paid or no more than three months in arrears and has entry as second-class
matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park,
Golden Valley School District No 275 and Robbinsdale School District No 281 in the County
of Hennepin and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of
advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper or persons in its employ and subject to his direction and control during all such
regular business hours and devoted exclusively during such regular business hours and at which
said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the
State Historical Society (7) Said newspaper is made available at single or subscription prices
to any person, corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned
below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January
1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secreta,y of
State and signed by the managing officer of said newspaper and sworn to before a notary
public stating that the newspaper is a legal newspaper
He further states on oath that the printed
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
Ordinance No. 1343
and published therein in the English language, once each week, for one successive weeks.
that it was first so published on Wed the 14 day of August 19 76
and was thereafter printed and published on every
to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to -wit
abcdetghijklmnopgrstuvwxyz
Subscribed and sworn to before me thi day of
I fay " MURIEL L. QUIST
w
T NOTARY PUBLIC - MINNESOTA
HEN NEPIN COUNTY
My Comm. Expires July 28, 1978
August 19 76
v
I.
effect, and whenever tl.e' word
hereafter" occurs it shall he con-
strued to
section containingthe' uch ortes` shall
take effect + such work shall
gg(6) ChapYet;andRec �t
subdivision All
loncheater','s Z1dn Reath,
are not to be COO
dinge,'Aild ices
the subject matttrbftheCCOdde of v
are
and not intended for convenience only '
(7)as comprehenive titles
Whenever This Ordinance.',- '
the terra this orc1
nonce" is used in the Ordinance',
Code 1t shall refer to the•sectloof,
the Ordinance Code In which' it
appears and related sections
under the s
heading ame sub -chapter '
(8) Disablitles of Minority, 'y
Termination1at A$e 18. Except as
ordiprovided by statute or
once, every disability of
minority shall cease when a per-
son reaches 18 years of age
(9) Definitions. The terms de-
fined in this section shall have the
mea g5 given them for the pur-
Park now inr orae, of Si LOUIS
-purposes of and for the
Louis Park enacted the futunance of re
unlessj
is 4
specifically attached to the terent erms
1 or the context clearly requires 1
different meaning
,, �1 "Minor" means an individual ,
under the age of 18
2 "Adult" means an individual 18 h
years of age or over
3
Minority" means with respect i
18
time an
individual the period of i',
t reaches thr which the individual
4 "Majority" age of with
to an individual
means with respect
dividuai the period of_
tune after which the individual
5 reaches the age of 18 -, u
, , I "Legal yearsmeans of age or older j
\' i provisions of different sections
the i
the anceoCo or
chapters ofOrdinance Code i
confbct with or contravene each
(id ,, other. provisions t
section
and each chapter° each
to all mattergrow n 1 out prevail as r,
subject matter of such chapterc11
conflictingrt
different coons of be found same ,
sections of the I. iI
chapter,_ the provisions of the 'i !
chapter which is
adopted shall most recency
construction be inconsistent
omens such
the meanie of COnslapte with I
I g such chapter i
fit g) References to City and Of- I, ;
Thereof Whenever the fol- u
Code they
are used in this n
y shall be construed as '
respectively hereinafter set
forth
1 f arkity — City of St Lows f
cd Fitt Council" — City Cour- ' I
the City of Sti
„Mayor," Loans Park
"Clerk, Treasur Manager,"
Attorney," i "Health Officer,".
or any other official named in '' I
headmmistrativeCode_such ",`
officers respectively of the City ,' i( 1
of St Louis park
Adopted by eie,Ci . • ` 'r i
2, 1976 t3 C°uncil AugustN
(s) LEONARD
Attest President PreamI
(s) EARL E HA Tem
I City Clerk NSON p,
Reviewed for administration
/ (s) CHRIS CH
r
City Manage ERCHES
iApproved as to form and legality
(s) WAYNE G POPHAM
Copies of AppeltGcesCityAttorney
are on file tit the 'Ci A B,C & D'
and available or public inerspec anfice,
1 (Aug9,1976)=-Shp-GV
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File No
' .14
Affidavit of PUblicat 'wn'
ST. LOUISPARK;NUN
St. Louis Park, Minnesota
In The Matter Of