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satisfied in such case if the ordinance incorpora- A notice that copies of the codification are avail-
<br /> ting thestatute, regulation, ordinance or code is able at the office of the city clerk must be pub-
<br /> published or posted in the required manner, and lished in the official newspaper for at least two
<br /> if, prior to such posting or publication, at least successive weeks.
<br /> one copy of the ordinance or code is marked as
<br /> the official copy and filed for use and examination A codification prepared according to this statute
<br /> by the public in the office of the municipal clerk is good evidence before the courts of the existence
<br /> or recorder (M.S.471.62). and regularity of the ordinances contained in it.
<br /> After three years from the publication, such a
<br /> This does not authorize any municipality to codification is conclusive proof of their adop-
<br /> adopt ordinances on subjects on which it does tion and publication. (M.S. 599.13.)
<br /> not have power by statute or charter to legislate.
<br /> Distinction Between Ordinances
<br /> The term "code" as defined by M.S. 471 .62 and Resolutions
<br /> means any compilation of regulations or stan-
<br /> dards or parts thereof that are prepared by any An ordinance may be defined as a law of local
<br /> government agency, including a regional or county application, enacted by a municipal council under
<br /> planning agency or any trade or professional powers delegated to it by the state and "pres-
<br /> association,for general distribution in printed form cribing a general and permanent rule for persons
<br /> as a standard or model on the subject of building or things within the corporate boundaries." (An-
<br /> construction, plumbing, electrical wiring, inflam- derson, City Government, 1925, page 366, quoting
<br /> mable liquids,sanitary provisions, planning,zoning, Cooley, Handbook of the Law of Municipal
<br /> subdivision, housing, public health, safety, or Corporations, page 164; McQuillin, Municipal
<br /> welfare. Corporations, 3rd ed,, vol. 5, section 1502.)
<br /> A number of ordinances in a typical city may deal
<br /> This statute does not authorize the city to enact with the organization and procedure of the local
<br /> an ordinance adopting by reference future amend- government: rules providing Tor the conduct of
<br /> ments of a code. (A.G. Op. 59-A-9, March 27, elections; the organization of administrative de-
<br /> 1956; A.G. Op. 59-A-9, July 18, 1967.) If the partments and bureaus; the creation, powers and
<br /> city wishes to incorporate subsequent changes in duties of particular offices; the regulation of the
<br /> any codes which it has adopted by reference, it local civil service; and the conduct of public busi-
<br /> must do so in an amending ordinance after the ness generally. The largest mon of ordinances or
<br /> particular code has been changed. The same is by-laws deals with the direct regulation of persons
<br /> true when a statute is incorporated by reference. and property within the municipal limits - ordi-
<br /> (See A.G. Op. 59-A-11, Jan. 18, 1967.) nances...2n a wide variety of subjects, designed
<br /> in general to promote tj:e S f" v. health,morals,
<br /> This is only an optional method of adopting converyience. d anec nomic well-being of the
<br /> technical codes, and the council may publish the comry�un' of these deal with municipalipal
<br /> ordinance in full if it desires. Publication in full planning and platting, with zoning, etc.; others
<br /> has the advantage of making the complete code declare and prohibit nuisances, license and regu-
<br /> available to interested persons without the neces- late businesses such as beer taverns and intoxica-
<br /> sity of consulting copies on file in the municipal ting liquor establishments, or provide for the
<br /> clerk's office. The real advantage of passing an licensing and regulation of other kinds of busines-
<br /> ordinance adopting a code by reference is the say- ses and occupations or regulate the use of streets
<br /> ing in publication cost thus effected. and public places, etc. (See Anderson, supra,
<br /> pages 366-3 ; McQuillin, 3rd ed., vol. 5, sec-
<br /> Codification of Ordinances tion 15.04. Regulations whose violation may re-
<br /> sult in a fine o ent
<br /> M.S. 415.021 permits any city to revise and should be a opted only by ordinance')
<br /> codify and print in book, pamphlet, or news-
<br /> paper form,any general and special laws,ordinances On the other hand, administrative or temporary
<br /> resolutions, and rules of the city and may include action may be underta Pn hy,resolution or motion.
<br /> in the codification for reference any applicable Such action might include the appointment of
<br /> general or special laws. Codifying under this sec- personnel, orders of assessments under the local
<br /> tion is a sufficient publication of any ordinance improvement code, the declaring of holidays or
<br /> included in the code even if such ordinance has special events, the letting of contracts, making
<br /> not previously been published in a newspaper so appropriations, authorizing budget transfers, and
<br /> long as a substantial quantity of the codification the performing of a great number of other
<br /> is printed for general distribution to the public. routine actions in the conduct of the munici-
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