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ORD 02-015 ORDINANCE NO. 02-15 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ELK RIVER, MINNESOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. The City Council of the City of Elk River Ordains: Section 1. The Code entitled "Elk River, Minnesota City Code," published by Municipal Code Corporation, consisting of chapters i through 86, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before June 17, 2002, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding the maximum amount authorized by law, or any combination thereof. In any case a person convicted of a violation of this Code shall pay the costs of prosecution. Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense and with respect to violations of this Code that are not continuous with respect to time, each day that the violation continues is a separate offense. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after June 17, 2002 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall take effect and be in full force from and after the date of its publication. PASSED AND ADOPTED by the City Council of the City of Elk River this 16m day of December, 2002. By: Daniel P. Tveite, Acting Mayor ATTEST: Sandra A. Peine, City Clerk Affidavit of Publication • STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) ORDINANCE NO.02-15 1 AN ORDINANCE ADOPTING '�°,\1'�ab t,- t�(�r Y' \,S AND ENACTING'A NEW CODE FOR THE CITY OF ELK RIVER, MINNESOTA;PROVIDING FOR being duly sworn, on oath says that he/she is the publisher THE REPEAL OF CERTAIN or authorized agent and employee of the publisher of the ORDINANCES NOT INCLUDED THEREIN; PROVIDING A newspaper known as the Elk River Star News, and has full PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR knowledge of the facts which are stated below: THE MANNER OF AMENDING SUCH CODE;AND PROVIDING A) The newspaper has complied with all the WHEN SUCH CODE AND THIS requirements constituting qualification as a qualified ORDINANCE SHALL BECOME EFFECTIVE. newspaper, as provided by Minnesota Statute 331A.02, The City Council of the City of Elk River Ordains: 331A.07, and other applicable laws, as amended. Section 1.The Code entitled"Elk $) The printed r � Q River,Minnesota City Code,"pub- ---- — fished by Municipal Code Corporation,consisting of chapters 1 through 86, each inclusive, is which is attached was cut from the columns of said adopted. Section 2. All ordinances of a newspaper, and was printed and published once each general and permanent nature week, for \ successive weeks; it was first published enacted on or before June 17, 2002,and not included in the Code on Wednesday, the )(al) day of lair^(1 ber ' or recognized and continued in force by reference therein, are 20 O . , and was thereafter printed and published every repealed. • Section 3. The repeal provided Wednesday to and including Wednesday, the for in section 2 hereof shall not be day of 20 d printed below construed to revive any ordinance Y ; anP or part thereof that has been is a copy of the lower case alphabet from A to Z, both repealed by a subsequent ordi- nance that is repealed by this ordi- inclusive, which is hereby acknowledged as being the size nance. Section 4.Unless another penal- and kind of type used in the composition and publication ty is expressly provided,every per- of the notice. son convicted of a violation of any provision of the Code or any ordi- nance,rule or regulation adopted or issued in pursuance thereof abcdefghijklmnopqrstuvwxyz shall be punished by a fine not fautho ize the w,or any amounttei authorized by law,or any combina- tion thereof.In any case a person n n convicted of a' violation of this TITLE: . A ,♦ O l /IR"I V Code shall pay the costs of prose- cution. Except as otherwise pro- vided by law or ordinance, with respect to violations of this Code Subscribed and sworn to before me on this &(O day of that are continuous with respect to �JLI�c� ` � 20 time,each day that the violation .l , continues is a separate offense and with respect to violations of this -�/�� Code that are not continuous with • l.. respect to time,each day that the violation continues is a separate Notary Public '""A" offense. Each act of violation and INDY M q�'HIMINSKI • each day upon which any such vio- r"""HHY PUBLIC-MINNESOTA lation shall occur shall constitute RATE INFORMATIO my comm.Expires Jan.a separate offense. The penalty 31,2005 provided by this section, unless (1) Lowest classified rate paid by • another penalty is expressly pro- vided, shall apply to the amend- commercial users for comparable space $ 31%53 ii/ meat of any Code section,whether or not such penalty is reenacted in (2) Maximum rate allowed by law for i � ,�� the amendatory ordinance. In the above matter $ 1 addition to the penalty prescribed above, the city may pursue other (3) Rate actually charged for the remedies such as abatement of '�� nuisances, injunctive relief and above matter $ revocation of licenses or permits. • Section 5. Additions ur ainenu- meats to the Code when passed in such form as to indicate the inten- tion of the city to make the,same a part of the Code shall be deemed to be incorporated in the Code,so that reference to the Code includes the additions and amendments. Section 6. Ordinances adopted after June 17,2002 that amend or refer to ordinances that have been codified in the Code shall be con- strued as if they amend or refer to like provisions of the Code. Section 7. This ordinance shall take effect and be in full force from and after the date of its publica- tion. PASSED AND ADOPTED by the City Council of the City of Elk River this 16th day of December, 2002. By:Daniel P.Tveite Acting Mayor ATTEST: Sandra A.Peine,City Clerk (D25) •