HomeMy WebLinkAboutChapter 104
City of Mounds View
104.01 104.01
CHAPTER 104
GENERAL PENALTY
SECTION:
104.01: General Penalty
104.02: Application of Provisions
104.01: GENERAL PENALTY:
Subd. 1. Misdemeanors: Unless another penalty is expressly provided in this Code and except for
the provisions of subdivision 2 hereafter, any person violating any provisions of this Code or
any rule or regulation adopted or issued in pursuance thereof or any provision of any Code
adopted herein by reference shall, upon conviction, be punished by a fine of not more than
seven hundred dollars ($700.00) or by imprisonment for not more than ninety (90) days or
both.1
Subd. 2. Petty Misdemeanors: Any person convicted of a petty misdemeanor shall be subject to a
fine of not more than two hundred dollars ($200.00).2
Subd. 3. Administrative Offenses3: Any person violating an administrative rule shall be subject to
the scheduled penalty not to exceed one hundred dollars ($100.00) for each offense.
Subd. 4. Separate Violations: Unless otherwise provided, each act of violation and every day
upon which a violation occurs or continues constitutes a separate offense.
Subd. 5. Failure of Officers to Perform Duties: The failure of any officer or employee of the
Municipality to perform any official duty imposed by this Code shall not subject such
officer or employee to the penalty imposed for violation of this Code unless a penalty is
specifically provided for such conduct or omission.
1 M.S.A. §§412.231, 609.03(3), 609.33 and 609.034.
2 M.S.A. §609.0332.
3 See Section 702.02 of this Code for administrative offenses.
City of Mounds View
104.01 104.01
Subd. 6. Non-Peace Officer Citations or Administrative Offenses:
a. Non-peace officer employees that are specifically authorized herein may issue citations
or administrative offenses as authorized pursuant to the following sections, chapters and
titles of this Code:
Chapter 502; Intoxicating Liquor: Clerk-Administrator
Chapter 503; Nonintoxicating Liquor: Clerk-Administrator
Chapter 506; Amusement Devices and Amusement Centers: Clerk-Administrator
Chapter 507; Bowling Alleys: Clerk-Administrator
Chapter 508; Rides, Carnivals and Circuses: Clerk-Administrator
Chapter 509; Gasoline Stations: Clerk-Administrator
Chapter 510; New and Used Cars Dealers: Clerk-Administrator
Chapter 511; Recuperative Homes and Half-Way Houses: City Planner
Chapter 601; Emergency Services: Director of Emergency Services and
Clerk-Administrator
Chapter 603; Garbage and Rubbish: Clerk-Administrator
Chapter 604; Nuisances: Community Service Officer
Chapter 605; Tree Disease Control: Director of Parks, Recreation and Forestry
Chapter 701; Animals and Animal Control: Community Service Officer
Section 702.02; Administrative Offenses: As set forth in Section 702.02
Chapter 802; Parking Regulations: Community Service Officer
Chapter 902; Streets Openings; Driveways: Building Official
Chapter 903; Building Numbers: Community Service Officer
Chapter 906; Municipal Water System: Building Official, Public Works Director/City
Engineer, Finance Director/Treasurer
City of Mounds View
104.01 104.01
Chapter 907; Municipal Sanitary Sewer System: Building Official, Public Works
Director/City Engineer, Finance Director/Treasurer
Chapter 1001; Building Code: Building Official
Chapter 1003; Electrical Code: Electrical Inspector, Building Official
Chapter 1004; Plumbing Code: Building Official
Chapter 1006; Building Permits and Fees: Building Official, Electrical Inspector
Chapter 1007; Building Relocation: Building Official
Chapter 1008; Signs and Billboards: City Planner
Chapter 1009; Swimming Pools: Building Official
Chapter 1010; Wetland Zoning Regulations: Director of Public Works/City Engineer, City
Planner
Title 1100; Zoning Regulations: City Planner
Title 1200; Land Subdivisions: City Planner
Chapter 1301; Flood Plain Zoning: Director of Public Works/City Engineer, City Planner
Chapter 1302; Surface Water Drainage Management and Development Control: City
Engineer
Chapter 1401; Gas Franchise: Clerk-Administrator
Chapter 1402; Electric Franchise: Clerk-Administrator
b. In the event that non-peace officer employee position is vacant, the Clerk-Administrator
or a designee is authorized to issue citations as provided in this subdivision. (Ord. 434,
6-27-88; 1993 Code)
City of Mounds View
104.02 104.02
104.02: APPLICATION OF PROVISIONS:
Subd. 1. The penalty provided in this Chapter shall be applicable to every section of this
Municipal Code the same as though it were a part of each and every separate section. (1993
Code)
Subd. 2. The penalties provided by this Chapter or any section of this Code apply to the
amendment of any section of this Code or any Code adopted herein by reference to which
the penalty relates, whether or not such penalty is re-enacted in the amendatory provision,
unless otherwise provided in the amendment.
Subd. 3. Reference to any sections of this Code shall be understood also to refer to and include the
penalty section relating thereto, unless otherwise expressly provided. (1988 Code §1.11)
Subd. 4. In all cases where the same offense is made punishable or is created by different clauses
or sections of this Municipal Code, the prosecuting officer may elect under which to
proceed, but not more than one recovery shall be had against the same person for the same
offense; provided, that the revocation of a license or permit shall not be considered a
recovery or penalty so as to bar any other penalty being enforced.
Subd. 5. Whenever the doing of any act or the omission to do any act constitutes a breach of any
section or provision of this Municipal Code and there shall be no fine or penalty specifically
declared for such breach, the provisions of this Chapter shall apply. (1993 Code)