CITY OF RICE
MINNESOTA
THE RICE CITY CODE OF 2016
Originally Adopted
April 18, 2016
CITY OF RICE
CODE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I
GENERAL PROVISIONS
Section 100Title; Citation: Statutory Reference...... I-1
Section 105Definition of Terms; Interpretation; Conflicts...... I-1
Section 110Legislative Procedure...... I-2
Section 115Penalties...... I-4
CHAPTER II
CITY COUNCIL
Section 200Elections; Salaries...... II-1
Section 205Meetings...... II-1
CHAPTER III
ADMINISTRATION OF CITY GOVERNMENT
Section 300Officers; Department...... III-1
Section 305Boards and Commissions...... III-2
CHAPTER IV
PUBLIC SAFETY
Section 400Emergency Operations...... IV-1
Section 405Health and Safety...... IV-2
Section 410Curfew...... IV-4
Section 415Provisions of State Law Adopted...... IV-4
Section 420Radio and Television Interference...... IV-5
Section 425Noise...... IV-6
Section 430Weapons; Explosives...... IV-9
Section 435Numbering of Homes; Businesses...... IV-9
Section 440Disposition of Unclaimed Property...... IV-9
CHAPTER V
FIRE CODE AND FIRE PREVENTION
Section 500Fire Protection Code...... V-1
Section 505False Fire Alarms...... V-6
Section 510Gasoline Bulk Plant...... V-7
Section 515Sale and Use of Fireworks...... V-8
CHAPTER VI
BUSINESS & TRADE REGULATIONS
Section 600Gambling...... VI-1
CHAPTER VII
ANIMALS
Section 700Animals...... VII-1
CHAPTER VIII
BUILDING CODE
Section 800Building Code for the City of Rice...... VIII-1
CHAPTER IX
BUILDING MAINTENANCE AND OCCUPANCY
Section 900Rental Housing...... IX-1
Section 905Crime Free Rental Housing Program...... IX-6
CHAPTER X - [BLANK]
CHAPTER XI
MUNICIPAL WATER UTILITY
Section 1100Municipal Water System...... XI-1
CHAPTER XII
MUNICIPAL SEWER UTILITY
Section 1200Municipal Sewer System...... XII-1
Section 1205Municipal Sewer System Charges...... XII-15
Section 1210Municipal Sewer Service Fund...... XII-21
CHAPTER XIII
TREES
Section 1300Purpose and Regulations...... XIII-1
CHAPTER XIV
USE OF PUBLIC PROPERTY
Section 1400Large Gatherings...... XIV-1
CHAPTER XV - [BLANK]
CHAPTER XVI
WORKERS COMPENSATION
Section 1600Workers Compensation Coverage...... XVI-1
CHAPTER XVII[BLANK]
CHAPTER XVIII
GRANTS AND FRANCHISES
Section 1800Creating, Awarding and Establishing Rules...... XVIII-1
CHAPTER XIX
STREETS AND RIGHT-OF-WAY
Section 1900Uniform System for Naming Streets...... XIX-1
Section 1905Right-of-Way Management...... XIX-2
CHAPTER XX
PARK CONDUCT AND USE
Section 2000Park and Recreational Areas...... XX-1
CHAPTER XXI
LIQUOR AND BEVERAGES
Section 2100Liquor and Beverages...... XXI-1
CHAPTER XXII
TRAFFIC, MOTOR VEHICLES, OTHER VEHICLES
Section 2200Highway Traffic Regulations...... XXII-1
Section 2205Streets; Traffic...... XXII-1
Section 2210Parking Regulations...... XXII-2
Section 2215[Blank]...... XXII-6
Section 2220Driver’s License and Registration of Motor Vehicles...... XXII-6
Section 2225Snowmobile and All Terrain Vehicle Regulations...... XXII-6
Section 2230Junk Vehicles...... XXII-7
CHAPTER XXIII
CITY COMPOST SITE
Section 2300General Provisions...... XXIII-1
CHAPTER XXIV
ADMINISTRATIVE OFFENSES
Section 2400Administrative Offenses...... XXIV-1
City of Rice1April 2016
CHAPTER I
GENERAL PROVISIONS
Section 100 - Title: Citation: Statutory Reference
100.01 Title. This codification of the ordinances of the City of Rice may be referred to and cited as: "The Rice City Code of 2016."
100.03 Citation; Reference, Numbering System. For the purposes of internal references in this code and citation by its users, the following terms shall be used:
Code: The Rice City Code of 2016
Chapter: Roman Numerals (e.g. Chapter XI)
Section: Arabic Numerals (e.g. Section 100)
Subsection: Arabic Numerals for section and subsection separated by a decimal (e.g. Subsection 100.01)
Reference or citations made in a form other than the foregoing shall not defeat the intent of the Council in enacting an ordinance or the intent of a user in citing the code when such intent is otherwise clear. This code shall be construed liberally to carry out its purposes.
100.05 Adoption by Reference. Statutes on administrative rules or regulations of the State of Minnesota, and codes and ordinances adopted by reference in this code are adopted pursuant to authority granted by Minnesota Statutes, Section 471.62. At least one copy of any item so adopted, but not less than the number of copies required by law, shall be kept in the office of the City Clerk for use by the public.
100.07 Official Statutes; Codes; Regulations, and Ordinances. Reference in this code to Minnesota Statutes are to Minnesota Statutes 1992 and Minnesota Laws 1993 and 1994 and Minnesota Statutes 1994 when effective, unless otherwise provided in this Code. References in this code to rules and regulations of State agencies, codes, and ordinances of other municipalities are to those documents in effect on October 1, 1994, unless otherwise provided.
100.09 Relation to State Law. It is the intent of the Rice City Council that the provisions of this code are the fullest exercise of the regulatory and other powers granted to it by State law. When this code imposes a more stringent rule or standard of conduct than contained in similar provisions of State law, rule, or regulation, it is the intent of the Council that the provisions of this code prevail over such State law, rule, or regulation to the extent permitted by law.
Section 105 - Definition of Terms;
Interpretation;Conflicts
105.01 Definitions; Common Terms.
Subd. 1. For purposes of this code, the terms defined in this subsection have the meanings given them unless the context clearly indicates otherwise.
Subd. 2. "City" means the City of Rice and all the territory lying within its boundaries over which it has jurisdiction.
Subd. 3. "Code", "this Code'', or "Code of Ordinance" means the Rice City Code adopted by Ordinance in 1994, as organized, compiled and codified herein.
Subd. 4. "Council" means the City Council of the City of Rice.
Subd. 5. "Clerk" means the Rice City Clerk.
Subd. 6. "He" means He/She when and where applicable.
Subd. 7. "Owner" means in the case of personal property, a person, other than a lien holder, having the property in or title to personal property. In the case of real property, the term means the fee owner of land, or the beneficial owner of land whose interest is primarily one of possession and enjoyment in contemplation of ultimate ownership. The term includes, but is not limited to, vendees under a contract for deed and mortgagors.
Subd. 8. "Person" means any natural individual, firm, partnership, association or corporation. As applied to partnerships or associations, the term includes the partners or members; as applied to corporations the term includes the officers, agents, or employees.
Subd. 9. Any reference to an elected or appointed City officer includes their duly authorized representative.
105.03 Definitions; Statutory. For purposes of this code, the terms defined in Minnesota Statutes, Sections 645.44, 645.445, and 645.45 have the meanings given them by those sections; and terms defined by statutes, rules, or regulations, and ordinances adopted by reference have the meanings given them therein.
105.05 Definition; Internal. Terms defined in other sections of this code have the meanings given them by those sections.
105.07 Interpretation; Conflicts.
Subd. 1. Common Usage. Words and phrases used in this code shall be interpreted and understood in accordance with common and accepted usage, but any technical works or phrases or such others as have acquired a specific or peculiar meaning shall be interpreted and understood in accordance with such meaning.
Subd. 2. Statutory Rules. It is the intent of the City Council that the rules and canons of construction, presumptions and miscellaneous provisions relating to statutory construction contained in Minnesota Statutes, Chapter 645.
Section 110 - Legislative Procedure
110.01 Ordinance Enactment. Ordinances shall be enacted in accordance with the procedure set forth in Chapter II, Section 205.11 of this code. Ordinances shall be integrated into this code in accordance with this section.
110.03 Form of Amendments and New Ordinances. An ordinance amending this code shall specify the subsection and subdivision to be amended. Language to be added shall be underlined; language to be repealed shall be stricken. An ordinance repealing an entire chapter, section, subsection, or subdivision need refer only to that chapter, section, subsection, or subdivision, and the text need not be reproduced. An ordinance adding only new provisions to this code need not be underlined.
110.05 Head Notes; Etc. Chapter, section, subsection and subdivision head notes, titles and cross references are not substantive parts of this code, but merely matters to expedite and simplify its use.
110.07 Integration of Ordinance into Code.
Subd. 1. Duty of Clerk and Attorney. The Clerk and City Attorney shall recommend to the Council a system for integrating ordinances into the code in the most expeditious manner possible. They shall recommend to the Council rules consistent with this section for the preparation, editing, and format of ordinances to be presented to the Council.
Subd. 2. Matters Omitted. When an ordinance is integrated into this code, the following matters may be omitted:
a)Title.
b)Enacting Clause.
c)Section Numbers.
d)Definition of terms identical to those contained in this code.
e)Validation and repealing clauses.
f)Validating signatures and dates.
g)Punctuation and other matters not an integral part of the test of the ordinance.
Subd. 3. Errors. When integrating ordinances into the code, the Clerk and Attorney may correct manifest grammatical, punctuation, and spelling errors; change reference numbers to conform with sections, subsections, chapters and ordinances; substitute figures for written words and vice versa; substitute dates for the words "the effective date of this Ordinance"; and perform like actions to insure a uniform code of ordinances without, however, alternating the meaning of the ordinances enacted.
Subd. 4. Source Notes. When an ordinance is integrated into this code, a source note shall be added at the end of each new chapter, section, subsection, or subdivision indicating the ordinance number and section from which the same was delivered.
110.09 Ordinance Records; Special Ordinances. The Clerk is responsible for the safe and orderly keeping of all ordinances in a manner directed by the Council. Any ordinance not included in this code by Council direction is a special ordinance. The Clerk shall maintain an up-to-date, indexed record of all special ordinances. The Council may direct that special ordinances and others be included in appendices to this code.
110.11 Effective Date of Ordinance. Ordinances are effective on the dates specified in the enacting document.
110.12 Hearings.
Subd. 1. 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.
Subd. 2. Notice. Every hearing shall be preceded by 10 days' mailed notice to all persons entitled thereto by law, ordinance, or regulation unless only published notice is required. The notice shall state the time, place, and purpose of the hearing. Failure to give the notice or defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subdivision.
Subd. 3. Conduct of Hearing. At the hearing, each part in interest shall have an opportunity to be heard and to present such evidence as is relevant to the proceedings. The Council may adopt rules governing the conduct of hearings, records to be made, such other matters as it deems necessary.
Subd. 4 Record. Upon the disposition of any matter after hearing, the Council shall have prepared a written summary of its findings and decisions and enter the summary in the official Council minutes.
Section 115 - Penalties
115.01 Petty Offenses. Whenever an act or omission is declared by this code to be a petty offense or a petty misdemeanor, any person violating the provision shall, upon conviction, be subject to a fine of not more than $200.00.
115.02 Misdemeanors. In any other case, unless another penalty is expressly provided in this code, any person violating any provision of this code, or any rule or regulation adopted in pursuance thereof, or any other provision of any code adopted in this code by reference, including any provision declaring any act or omission to be a misdemeanor, shall, upon conviction, be subject to a fine of not more than $700.00 or imprisonment for a term not to exceed 90 days or both, plus, in either case, the costs of prosecution.
115.03 Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense.
115.05 Application to City Personnel. 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 violation unless a penalty is specifically provided for such failure.
I-1
City of RiceApril 2016
CHAPTER II
CITY COUNCIL
Section 200 - Elections; Salaries
200.01 Municipal Elections.
Subd. 1. As provided in Minnesota Statutes, Section 205.07, the regular City election shall be held on the first Tuesday after the first Monday in November in every even-numbered year.
Subd. 2. Term of Office. The terms of elective officers shall commence on the first business day of January following the election at which the officer is chosen. The Mayor's term will be a two (2) year term and the Councilmember term will be a four (4) year term. All officers chosen and qualified as such shall hold office until their successors qualify.
200.03 Salaries. The meeting allowance for both the Mayor and City Council will be set at the first meeting in January of each year in the fee schedule.
Section 205 – Meetings
205.01 Meetings.
Subd 1. Regular Meetings. Regular meetings of the City Council shall be held on the first and third Monday of each calendar month at 7:00 p.m. If the regular meeting on the third Monday of each calendar month is not needed, this meeting may be canceled at the Mayor and City Council discretion. Any regular meeting that falls on a Holiday shall be held on the immediately following Tuesday, unless changed by a majority vote of the Council at the regular meeting the preceding month. All meetings, including special and adjourned meetings, shall be held at the Rice City Hall.
Subd. 2. Special Meetings. The Mayor or any two members of the City Council may call a Special Meeting of the City Council upon at least 24 hours’ written notice to each member or shall be left at the member’s usual place of residence with some responsible person. Similar notice shall be posted at the City Hall and two other posting places in the City.
Subd. 3. Initial Meeting. At the first regular City Council meeting in January of each year the Council shall:
(a)Designate the depositories of city funds;
(b)Designate the official newspaper;
(c)Choose one of the Council members as acting Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City or, in ease of vacancy in the office of Mayor, until a successor has been appointed and qualifies;
(d)Appoint such officers and employees and such members of boards, commissions, and committees as may be necessary.
Subd. 4. Public Meetings. All Council meetings, including special and adjourned meetings and meetings of Council committees, shall be open to the Public.
205.03 Presiding Officer.
Subd. 1. Who Presides. The Mayor shall preside at all meetings of the City Council. In the absence of the Mayor, the acting Mayor shall preside. In the absence of both, the City Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose another one of their number to act temporarily as presiding officer.
Subd. 2. Procedure. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine without debate, subject to the final decision of the Council on appeal, all questions of procedure and order. 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.
Subd. 3. Appeal Procedure. Any member may appeal to the Council from a ruling of the presiding officer. 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 participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present exclusive of the presiding officer.
Subd. 4. 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 shall vacate the chair and designate a Council member to preside temporarily.
205.05 Minutes.
Subd 1. Who Keeps. Minutes of each Council meeting shall be kept by the City Clerk or, in the City Clerk’s 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.
Subd. 2. Approval. The minutes of each meeting shall be signed by the Clerk. At the next regular Council meeting, the Clerk shall supply the Council with a copy of said minutes. 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.
205.07 Order of Business.
Subd. 1. Order Established. Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order:
(a)Call to order.
(b)Roll call.
(c)Consent agenda.
(d)Approval of minutes.
(e)Public hearings.
(f)Petitions, requests, and communications.
(g)Ordinances and resolutions.
(h)Report of officers, boards, and committees.
(i)Unfinished business.
(j)New business.
(k)Miscellaneous.
(l)Adjournment.
Subd. 2. Varying Order. The order may be varied by the presiding officer; but all public hearings shall be held at the time specified in the notice of the hearing.
Subd. 3. Agenda. An agenda of business for each regular Council meeting shall be prepared and filed in the office of the City Clerk not later than two 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 and to the newspaper, if need be, with copies available to the public at the Clerk's office 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 in addition to the agenda by a unanimous vote of the Council members present.