[HISTORY: Adopted by the Council of the City
of Breckenridge as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-21-1969 by Ord. No. 244; amended 8-15-1977 by Ord. No. 333; amended in its entirety 2-7-2002 by Ord. No. 440]
[Amended 5-7-2018 by Ord.
No. 499]
A.
Any
person, firm or corporation violating any of the provisions of any
ordinance adopted by the Council of the City of Breckenridge included
in the Code of the City of Breckenridge and designated as a misdemeanor
shall, upon conviction, be punished by a fine and/or imprisonment
not to exceed the maximum as established by Minnesota Statutes, plus
costs of prosecution.
B.
Any
person, firm or corporation violating any of the provisions of any
ordinance adopted by the Council of the City of Breckenridge included
in the Code of the City of Breckenridge and designated as a petty
misdemeanor shall, upon conviction, be punished by a fine of not to
exceed the maximum established by Minnesota Statutes, plus costs of
prosecution.
C.
Unless
otherwise indicated, each day a violation continues shall constitute
a separate offense.
[Adopted 2-7-2002 by Ord. No. 440]
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The Council of the City of Breckenridge, Minnesota,
does ordain:
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Pursuant to M.S. § 415.021, the ordinances of the City of Breckenridge of a general and permanent nature adopted by the City Council of the City of Breckenridge, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 190, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Breckenridge," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately
upon passage and publication according to law.
[Amended 5-7-2018 by Ord.
No. 499]
A copy of the Code in loose-leaf form has been
filed in the office of the City Administrator or his/her designee
and shall remain there for use and examination by the public until
final action is taken on this ordinance; and, if this ordinance shall
be adopted, such copy shall be certified to by the City Administrator
or his/her designee of the City of Breckenridge by impressing thereon
the Seal of the city, as provided by law, and such certified copy
shall remain on file in the office of the City Administrator or his/her
designee of the city, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the governing body to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"Code of the City of Breckenridge" shall be understood and intended
to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements
thereto.
[Amended 5-7-2018 by Ord.
No. 499]
The City Administrator or his/her designee of
the City of Breckenridge, pursuant to law, shall cause this Adopting
Ordinance to be published, in the manner required, in a newspaper
of general circulation in the city. Sufficient copies of the Code
shall be maintained in the office of the City Administrator or his/her
designee for inspection by the public at all times during regular
office hours. The enactment and publication of this Adopting Ordinance,
coupled with availability of copies of the Code for inspection by
the public, shall be deemed, held and considered to be due and legal
publication of all provisions of the Code for all purposes.
[Amended 5-7-2018 by Ord.
No. 499]
It shall be the duty of the City Administrator
or his/her designee or someone authorized and directed by the City
Administrator or his/her designee to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
her office for the use of the public. All changes in said Code and
all ordinances adopted subsequent to the effective date of this codification
which shall be adopted specifically as part of the Code shall, when
finally adopted, be included therein by reference until such changes
or new ordinances are printed as supplements to said Code book, at
which time such supplements shall be inserted therein.
[Amended 5-7-2018 by Ord.
No. 499]
Copies of the Code, or any chapter or portion
of it, may be purchased from the City Administrator or his/her designee,
or an authorized agent of the City Administrator or his/her designee,
upon the payment of a fee to be set by the City Council. The City
Administrator or his/her designee may also arrange for procedures
for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Breckenridge to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be guilty of a misdemeanor and be subject, upon conviction, to the penalties provided in Chapter 1, GeneralProvisions, Article I, General Penalty.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adopting Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to 6-21-1999.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision or
any penalty, punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered, prior to the effective
date of this ordinance, brought pursuant to any legislative provision.
E.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.
Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond or other instruments
or evidence of the city's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to or establising a pension
plan or pension fund for municipal employees.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code, certain grammatical changes and
other minor changes were made in one or more of said ordinances. It
is the intention of the City Council that all such changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
B.
Changes made throughout the Code. The following changes
have been made throughout the Code:
(1)
Nomenclature. "Clerk-Treasurer" has been changed to "City Administrator
or his/her designee."
[Amended 5-7-2018 by Ord.
No. 499]
(2)
Fees. Wherever a fee for a license, permit or other charge was specified, the specific fee has been moved to Chapter 86, Fees, and language referring to said chapter substituted for the fee amount.
(4)
Statutory references. Statutory references have been
updated and revised as necessary.
(5)
Gender-neutral language. Gender-neutral language has
been used throughout the Code, eliminating as much as possible references
to "man" and "men" where appropriate.
C.
In addition, the changes, amendments or revisions
as set forth in Schedule A attached hereto and made a part hereof
are made herewith, to become effective upon the effective date of
this ordinance. (Chapter and section number references are to the
ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-15C, the chapters, articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-7-2000 by Ord. No. 440." Schedule A, which contains a complete description of all changes, is on file in the City offices.
