Agenda Packets - 2023/07/05 - Laserfiche WebLink

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RELEVANT LINKS: See Handbook, Liability. When adopting an ordinance, city officials should be aware that the city Lorshbough v. Twp. of Buzzle, 258 N.W.2d 96 must follow any procedures established in the ordinance and that the city (Minn. 1977). Pelican Lake might be liable for not enforcing its ordinance. However, if the language of Property Owners Assn v. County of Crow Wing, Nos. the ordinance does not make its enforcement mandatory, the city may have C5-98-1549, C3-98-1940 discretion not to enforce it. Cities should not adopt or retain an ordinance (Minn. Ct. App. Aug. 17, 1999) (unpublished they do not intend to enforce. The council can adopt an ordinance to decision). respond to a pre-existing problem or nuisance, and the city may generally Schultz v. Frank, No. C1- 00-285 (Minn. Ct. App. prosecute a person who violates an ordinance after it has been adopted even Aug 1, 2000) (unpublished if the person began the activity prior to the existence of the ordinance. decision). State v. Howard, 360 N.W.2d 637 (Minn. Ct. App. 1985). 1. Form, content, and adoption of ordinances Because ordinances have the force and effect of law, their form is important. While the law does not require an attorney to draft ordinances, those who do draft ordinances should have a sound understanding of the law. The city should consult an attorney to help prepare its ordinances or to review them before they are adopted. Standard ordinance Ordinances must meet certain requirements and follow a certain form. Template, LMC Model Ordinance. Charter cities should also look to their own charter provisions for Minn. Stat. § 412.191, requirements about adopting ordinances. subd. 4. Minn. Stat. § 412.191, The procedural requirements for the adoption of ordinances in statutory subd. 4. cities are found in state statute that provides in part that all ordinances must be: • Approved by a majority of all members of the council, except where a larger number is required by law. • Signed by the mayor and attested by the clerk. See Part IV-C-3 • Published once in the official newspaper. There is an exception that Publication of ordinances. allows for summary publication under certain circumstances. a. Title Every ordinance should have a title that briefly yet adequately describes its contents. The phrases: "repealing ordinances inconsistent herewith" and "providing penalties for the violation thereof' should not be part of the title. b. Number Each ordinance should have an identifying number as part of its title. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 43