CHAPTER 601 Firearms

CHAPTER 101. Adopting Ordinance

AN ORDINANCE CODIFYING THE ORDINANCES OF THE CITY OF SUNFISH LAKE ADOPTING THE "SUNFISH LAKE CITY CODE."

THE CITY COUNCIL OF SUNFISH LAKE ORDAINS:

SECTION 101.01 Adoption of Code:

        The substantive general Ordinances of a general and permanent nature of the City of Sunfish Lake, Minnesota are hereby codified in booklet form, entitled "Sunfish Lake City Code", consisting of 13 articles and the chapters and sections thereunder, which are adopted and declared to be ordinances of this City, and which by this ordinance shall be prima facie evidence of the law of the City of Sunfish Lake.

SECTION 101.02 Short Title:

        For brevity herein, the Sunfish Lake City Code, will sometimes be referred to as "the Code" or "this Code", and any use of "the Code" or "this Code" shall be construed to mean the Sunfish Lake City Code, unless the context clearly requires some other meaning.

SECTION 101.03 Repeal of Prior Ordinances:

        All ordinances and parts of ordinances of a general or permanent nature passed and approved prior to the passage and approval of this codification ordinance and in conflict with this ordinance or with any of the provisions of this ordinance, are hereby repealed; provided, that in construing the provisions of this ordinance the following ordinances shall not be considered or held to be ordinances of a general or permanent nature, to-wit:

        a) Ordinances vacating streets and alleys.

        b) Ordinances authorizing or directing public improvements to be made.

        c) Ordinances levying taxes or special assessments.

        d) Ordinances granting a franchise or special license to persons, firms or corporations.

        e) Ordinances annexing property.

        f) Ordinances providing for the issuance of bonds or other instruments of indebtedness.

        g) Ordinances establishing grades.

        h) Real estate transactions.

        i) Ordinances amending the Zoning Map.

        j) Ordinances specifically mentioned in Appendix B-1, infra.

SECTION 101.04 Repeal, Exceptions:

        The repeal of ordinances as provided in section 101.03 above, shall not effect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the provisions of such ordinances and parts thereof prior to repeal. Such ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this general codification ordinance for the purpose of all rights, fines, penalties, forfeitures, liabilities and actions therefor.

SECTION 101.05 Severability:

        If any article, chapter, section, paragraph, sentence, clause or other part of the Sunfish Lake City Code shall be adjudged void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the other portions of the Code, which shall remain in full force and effect, and the provisions of this Code are hereby declared to be severable.

SECTION 101.06 Effective Date:

        This Ordinance and this Code shall be effective as of June 15, 1988, provided that:

        a) Notice of the adoption of the Code shall be published for at least two weeks in the official newspaper of the City.

        b) Copies of the Code have been made available in the City offices at a reasonable price for at least one week prior to said effective date.

SECTION 101.07 Code Permanently on File:

        A copy of the Code shall be permanently on file and open to public inspection in the Office of the City Clerk after adoption. This Code is printed in book form under the direction of the City Council and may be distributed as the City Council may see fit.

Section 101.08 Integration of Ordinances into Code:

                Subd. 1 Duties of Administrator and Attorney: The Administrator and 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:

                        (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 text of the 

                            ordinance.

                        (h) Penalty provisions

                Subd. 3 Errors: When integrating ordinances into the Code, the Administrator and Attorney may correct manifest grammatical, punctuation, and spelling errors; change reference numbers to conform with sections, subsections chapters and ordinance; 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, altering the meaning of the ordinances enacted.

                
                Subd. 4 Source Notes: When an ordinance is integrated into the 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 derived.

                Subd. 5 Ordinance Records; Special Ordinances: The City 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 other be included in appendices to this Code. (Ord. 1998-06, 11/03/98)

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CHAPTER 102 Rules of Construction

SECTION 102.01 Generally:

Words and phrases shall be construed in their plain, ordinary and usual sense, except that technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

SECTION 102.02 Gender:

Unless the context clearly requires otherwise, the use of either masculine, feminine or neuter gender shall include the other genders.

SECTION 102.03 Number:

Unless the context clearly requires otherwise, the use of either singular or plural number shall include the other number.

SECTION 102.04 Tense:

Unless the context clearly requires otherwise, the use of either past, present or future tense shall include the other tenses.

SECTION 102.05 Joint Authority:

Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.

SECTION 102.06 Time:

Whenever words fixing or importing time or the hour of the day are used in this Code, they shall be construed to mean Central Standard Time or Central Daylight Savings Time whichever is applicable. The time within which an act shall be done shall be computed by excluding the first (1st) and including the last day. If the last day is a Sunday or a legal holiday, such day shall be excluded.

SECTION 102.07 Deputies:

Whenever this Code requires an act to be done, which act may legally be done by an agent or employee as well as by the principal, such requirements shall be satisfied by the performance of such act by an authorized agent or employee.

SECTION 102.08 Filing at City Offices:

Whenever this Code requires filing with, payment to or notification of any certain city official or department, the requirement shall be satisfied by filing, payment or notification at the regular office of such city official or department during business hours on any business day.

SECTION 102.09 Repeals:

The repeal of a provision which repeals a prior provision does not revive the prior provision, unless the intent to do so is clearly stated. The repeal of any provision shall not be construed to abate, annul or otherwise affect any provision had or commenced under or by virtue of the repealed provision, and the same shall be as if the said provision had not been repealed, unless a contrary intent is clearly stated. Any article, chapter or section duly enacted by the City Council and included in this Code, and any other independent ordinance, chapter, section or subdivision of an ordinance duly enacted shall be altered, amended or revised only by the complete nullification and repeal of such ordinance, article, chapter, section or subdivision and by the subdivision as amended, altered or revised.

SECTION 102.10 Liberal Construction:

All general provisions, terms, phrases and expressions contained in the Sunfish Lake City Code shall be liberally construed in order that the true intent and meaning of such provisions may be fully carried out.

SECTION 102.11 Minnesota Rules of Construction:

Unless clearly in conflict with provisions of this Code, or otherwise clearly inapplicable, rules of construction established for the State of Minnesota by statutes or case law shall apply in the construction of this Code.

As used in this Code, unless the particular context shall clearly require some other meaning, the following words shall mean:

Subd. 1 City: The City of Sunfish Lake, Minnesota.

Subd. 2 City Council: The City Council of the City of Sunfish Lake, Minnesota.

Subd. 3 Code: The Sunfish Lake City Code.

Subd. 4 Conviction: Either of the following accepted and recorded by the Court:

(a) A plea of guilty; or

(b) A verdict of guilty by a jury or a finding of guilty by the Court.

Subd. 5 Crime: Any conduct which is prohibited by this code for which the violator may be sentenced to imprisonment or fine.

Subd. 6 May: "May" is permissive.

Subd. 7 Mayor: The Mayor of the City of Sunfish Lake, Minnesota.

Subd. 8 Misdemeanor: A crime for which a fine of not more than $700.00 or a sentence of not more than ninety (90) days, or both, may be imposed but in either case, the person convicted of said offense may be required to pay the costs of prosecution.

Subd. 9 Municipality: The City of Sunfish Lake, Minnesota.

Subd. 10 Ordinance: An ordinance duly adopted by the City Council.

Subd. 11 Person: Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other representative appointed by law. Whenever the word "person" is used in any section prescribing a penalty or fine, it shall include the partners, or members of any partnership or corporation, and, as to corporations, the officers, agents or members thereof who are responsible for the violation.

Subd. 12 Petty Misdemeanor: An offense, which does not constitute a crime, and for which a fine of not more than $100.00 may be imposed.

Subd. 13 Planning: Commission: As defined in Section 301 of this Code.

Subd. 14 Property: Tangible or intangible, real, personal or mixed property.

Subd. 15 Shall: "Shall" is mandatory.

Subd. 16: Repealed: (Ord. 96-06, 9/3/96)

Subd. 17 State: The State of Minnesota.

Subd. 18 Street: Any public way, highway, street, avenue, boulevard, alley or other public thoroughfare. Each of said words shall include the others, and, if the context permits, shall also include "sidewalks."

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The provisions of this Chapter shall be applicable to all the chapters, sections, subdivisions, paragraphs and provisions in the Code, shall apply to all persons and property within the City of Sunfish Lake, Minnesota, and within such adjacent area as may be stated in specific provisions.

Every person violates a chapter, section, subdivision, paragraph or provision of this Code when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a Misdemeanor, except as otherwise stated in specific provisions herein, as set forth in the specific chapter in which the section, subdivision, paragraph or provision appears. (Ord. 96-07, 9/3/96)

This Code does not authorize an act or omission otherwise prohibited by law.

All fines, forfeitures and penalties recovered for the violation of any ordinance, charter, rule or regulation of the City shall be paid into the City Treasury by the Court or officer thereof receiving such monies. Payment shall be made in the manner, at the time, and in the proportion provided by law.

When a penalty or forfeiture is provided for the violation of a chapter, section, subdivision, paragraph or provision of this Code, such penalty or forfeiture shall be construed to be for each such violation.

CHAPTER 201 City Council

The City Council shall have monthly regular sessions at 7:30 p.m. on the days shown by the schedule of regular meetings; the schedule shall be adopted by resolution of the council and shall be kept on file at the City's primary office and at the clerk's office. If the regularly scheduled meeting falls on a holiday or a day on which the council is not by law permitted to meet, then the regular monthly meeting shall be on the next following Tuesday. Adjourned meetings of the council and special meetings of the council shall be set by the council on days and at times that the council may deem proper. All meetings shall be held in the place designated on the schedule by the City Council. If the council decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided for a special meeting. The schedule of regular meetings shall be adopted by resolution at the December regular meeting for the upcoming calendar year. (Ord. 90-01, 5/1/90) (Ord. 96-08, 9/3/96)

The mayor shall preside at all meetings of the council. In the absence of the mayor, the acting mayor shall preside. In the absence of both, the council shall elect one of their number as temporary chairman. The acting mayor and temporary chairman when occupying the place of the mayor shall have the same privileges as other members.

At all meetings of the council, a majority of the council members shall constitute a quorum to do business. The council may, at any time by a majority vote of those present, adjourn from time to time to a specific date and hour whether or not a quorum is present.

At the hour appointed for meeting, the members shall be called to Order by the mayor, and in his absence by the acting mayor, and in the absence of both, by the clerk. The clerk shall call the roll, note the absentees and announce whether a quorum be present. In the absence of the clerk, the mayor shall appoint a secretary protem. Upon the appearance of a quorum, the council shall proceed to business.

The mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the council. The mayor may make motions, second motions, or speak on any question provided. The mayor shall be entitled to vote like other members of the council.

No member shall speak more than twice on any question nor more than five (5) minutes each time without unanimous consent of the council.

All resolutions shall be in writing.

All committees, including standing committees, shall be appointed by the chair unless expressly ordered by the council.

Standing committees may be appointed by the mayor annually. The first person named on the committee shall be chairman thereof, and each committee appointed shall consist of no more than five persons.

After an ordinance shall have passed, a complete and accurate copy as amended shall be made by the clerk and shall be signed by the mayor or in his absence by the acting mayor, and deposited with the clerk, who shall attest, seal, number, file, publish and record or place the same permanently in the ordinance book. Entry of the complete ordinance as amended directly into the ordinance book, original signatures and seal thereon shall be permanently inserted in the ordinance book after each ordinance.

Petitions and other papers addressed to the council shall be read by the clerk upon presentation of the same to the council.

All sessions of the council shall be public, unless the meeting is allowed to be closed pursuant to the Minnesota Open Meeting Law, Minnesota Statute 471.705. (Ord. 96-09, 9/3/96)

These rules, or any of them, may be temporarily suspended by consent of a majority of all council members, and shall not be repealed, altered, or amended, unless by concurrence of a majority of the whole council. (Ord. 96-10, 9/3/96)

In all points not covered by these rules, the council shall be governed in its procedure by Robert's Rules of Order Revised.

The foregoing rules are adopted to facilitate the transaction of council business and functions. They should not be permitted to defeat or hinder the plainly expressed intent and desire of the council. Informal compliance and substantial performance shall be sufficient under the foregoing rules in the absence of objection reasonably taken. Objection is hereby declared not to have been reasonably taken as to procedural matters provided for herein if a council member present at a meeting fails to object during the meeting and requests compliance with these rules, and such objection shall not be reasonably taken if taken by an absent member later than the next regular meeting after the proceedings to which objection is made.

Special meetings may be called by the mayor or any two Councilmembers in writing, filed with the clerk at least three (3) days prior to the time specified for the meeting, excluding Sundays and holidays. The demand for the special meeting shall specify the date, time, place and purpose of the special meeting. At least three (3) days prior to the meeting, excluding Sundays and holidays, the clerk shall mail a notice of the special meeting to all Councilmembers; the notice shall state the date, time, place and purpose of the special meeting. The clerk shall prepare an affidavit that shows the mailing of the notice in the manner here prescribed. The clerk shall post written notice of the date, time, place and purpose of the special meeting on the principal bulletin board, then on the door of the City Council's usual meeting place. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the City. This notice shall be posted and mailed or delivered at least three (3) days before the date of the meeting, excluding Sundays and holidays. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the clerk is required to send notice to that person only concerning special meetings involving those subjects. The council may establish an expiration date for request for notices of special meetings and require refiling of the request once each year. Not more than sixty (60) days before the expiration date of a request for notice, the clerk shall send notice of the refiling requirement to each person who filed during the preceding year.

Emergency meetings may be called by the mayor or any two council members in writing filed with the clerk. The demand for the emergency meeting shall specify the date, time, place and purpose of the emergency meeting. As soon as possible the clerk shall telephone all council members and leave a message that informs the council member of the date, time, place and purpose of the meeting; if a council member cannot be reached by telephone, then the telephone message may be left with an adult at the residence of the council member or on the answering machine of the council member at the member's residence. If the message cannot so be left, the clerk shall deliver a written notice to the residence of the council member and tape it to the front door of the residence. The clerk shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. Notice of the emergency meeting shall be given by telephone to each requesting news medium. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Notice shall include the date, time, place and purpose of the emergency meeting. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a meeting called because of circumstances that, in the judgment of the council, require immediate consideration by the council.

If a person receives actual notice of a meeting of the council at least 24 hours before the meeting, whether a special or emergency meeting, then all notice requirements of this Section 201.16 are satisfied with respect to that person, regardless of the method of receipt of notice. (Ord. 96-11, 9/3/96)

Manner of voting. Votes of the members or any business coming before the council may be by voice vote, standing vote, or in such other manner of voting as may signify the intention of the members.

Any affirmative or negative vote by a member shall be entered in the minutes. Aye and nay votes shall be taken upon any motion at the request of one member and the results thereof entered in the minutes. (Ord. 96-12, 9/3/96)

Minutes of the meeting shall be kept in duplicate by the clerk. The clerk shall retain the original and deliver the duplicate to the mayor. They shall be signed by the clerk, and shall constitute an official record of the council proceedings. Upon approval of the minutes at the subsequent meeting of the council, the mayor shall sign the minutes. Lack of such mayor's signature or council approval shall not invalidate such minutes as official records.

In the event of the clerk shall fail or decline to amend or change his minutes upon informal request at the time they are submitted for approval, the council may, by motion carried by majority vote, amend the minutes. Such amending motion shall become part of the minutes of the subsequent meeting.

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This ordinance shall be known, cited, and referred to as "The Fee Ordinance," except as herein referred to as "this ordinance."

SECTION 202.02 Purpose and Scope:

The purpose of this fee ordinance is to enable the City Council to establish fees for various permits, approvals and applications required by this Code and for legal, planning and engineering costs incurred by the City in reviewing applications.

SECTION 202.03 Fees Set By Resolution:

The City Council may from time to time by resolution establish fees payable to the City for various permits, approvals and applications required by this Code and for legal, planning and engineering costs incurred by the City in reviewing applications. Such fees shall be deposited with the City Treasurer into the City General Fund unless the Council shall specify otherwise. The fees established by the Council shall be payable by the applicant in advance of the service to be performed and in advance of any application being made or at the time the application is made. The applicant is responsible for payment of all such fees. In addition, the applicant shall reimburse the City for all legal, planning and engineering costs incurred by the City in reviewing and processing the application, in inspecting the work performed, and in enforcing the permits and approvals given by the Council.

(Ord. 1998-07, 11/03/98)

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CHAPTER 301 Planning Commission

The Planning Commission shall comprise five (5) members. The existing members on the effective date of this Ordinance shall continue to serve the terms to which they were appointed with the result that the terms of two (2) members shall expire December 31, 1996, the term of one (1) member shall expire December 31, 1997, and the term of two (2) members shall expire December 31, 1998. Upon expiration of the respective terms, the persons appointed by the Council shall serve a three (3) year term commencing January 1st.

One of the five members shall be the chair of the commission. Each year at the December regular council meeting, the Mayor shall appoint one of the commission members to be the chair commencing January 1st.

Members to the commission shall be nominated by the Mayor and appointed by the Council by majority vote of the entire Council. The nominations and appointments shall occur at the December regular Council meeting and the term shall begin January 1st.

If a vacancy occurs during a member's term, then as soon as conveniently possible thereafter a replacement member shall be appointed to complete the remaining term. The replacement member shall be nominated by the Mayor and appointed by the Council by majority vote of the entire Council.

Members of the Planning Commission may be removed from office prior to the end of their term without a hearing and with or without cause by a majority vote of the entire Council. (Ord. 96-13, 9/3/96)

The Planning Commission shall have all of the powers and duties prescribed for the planning agency by Minnesota State Statutes. The Planning Commission shall consider amendments to the Zoning Ordinance, variances to the Zoning Ordinance upon reports from the City Council and such other matters as are required to be referred to it by the City Council or any statutes of the State of Minnesota. The City Council shall act as the board of adjustments and appeals for the City for all purposes.

Recommendations and findings of the Planning Commission shall in all cases be advisory to the City Council, which may take such action thereon as it deems proper. (Ord. 96-14, 9/3/96)

The Planning Commission shall prescribe its own rules of procedure to the extent permissible under statute and to the extent that such rules are consistent with the City Ordinances. The members may elect a vice chairman, a secretary, and such other officers as they shall deem appropriate. The Commission shall provide a written record of its proceedings, including the minutes of its meetings, findings, and the action taken by the Commission on each matter referred to it or heard by it, including the final recommendation. Hearings shall be held by the Commission in all matters where public hearings are required by the statutes of the State of Minnesota or the Ordinances of this City, and hearings may be afforded to any interested parties on any other matter where the Commission deems it appropriate.

The Commission shall submit reports directly to the City Council, which reports shall include the recommendations of the Commission as to action to be taken by the Council.

The Planning Commission shall have monthly regular sessions at the times and on the days shown by the schedule of regular meetings. The schedule shall be adopted by resolution of the commission and shall be kept on file at the City's primary office and at the clerk's office. If the regularly scheduled meeting falls on a holiday or on a day on which the commission is not by law permitted to meet, then the regular monthly meeting shall be on the next following Wednesday. Adjourned meetings of the commission and special meetings of the commission shall be set by the commission on days and at times that the commission may deem proper. All meetings shall be held in the place designated on the schedule by the commission. If the commission decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided for a special meeting.

The schedule of regular meetings shall be adopted by resolution at the December regular meeting for the upcoming calendar year.

Special meetings may be called by the chair or any two members in writing, filed with the clerk at least three (3) days prior to the time specified for the meeting, excluding Sundays and holidays. The demand for the special meeting shall specify the date, time, place and purpose of the special meeting. At least three (3) days prior to the meeting, excluding Sundays and holidays, the clerk shall mail a notice of the special meeting to all members; the notice shall state the date, time, place and purpose of the special meeting. The clerk shall prepare an affidavit that shows the mailing of the notice in the manner here prescribed. The clerk shall post written notice of the date, time, place and purpose of the special meeting on the principal bulletin board of the City, or if the City has no principal bulletin board, then on the door of the commission's usual meeting place. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the City. This notice shall be posted and mailed or delivered at least three (3) days before the date of the meeting, excluding Sundays and holidays. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the clerk is required to send notice to that person only concerning special meetings involving those subjects. The commission may establish an expiration date for request for notices of special meetings and require refiling of the request once each year. Not more than sixty (60) days before the expiration date of a request for notice, the clerk shall send notice of the refiling requirement to each person who filed during the preceding year.

Emergency meetings may be called by the chair or any two members in writing filed with the clerk. The demand for the emergency meeting shall specify the date, time, place and purpose of the emergency meeting. As soon as possible the clerk shall telephone all members and leave a message that informs the member of the date, time, place and purpose of the meeting; if a member cannot be reached by telephone, then the telephone message may be left with an adult at the residence of the member or on the answering machine of the member at the member's residence. If the message cannot so be left, the clerk shall deliver a written notice to the residence of the member and tape it to the front door of the residence. The clerk shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. Notice of the emergency meeting shall be given by telephone to each requesting news medium. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Notice shall include the date, time, place and purpose of the emergency meeting. Posted or published notice of an emergency meeting shall not be required. An "emergency" meeting is a meeting called because of circumstances that, in the judgment of the commission, require immediate consideration by the commission.

If a person receives actual notice of a meeting of the commission at least 24 hours before the meeting, whether a special or emergency meeting, then all notice requirements of this Section 301.04 are satisfied with respect to that person, regardless of the method of receipt of notice. (Ord. 96-15, 9/3/96)

Except as otherwise required under this Code, all applications for Planning Commission consideration must be received by the City Planner no later than thirty days before the Planning Commission meeting at which the application is to be considered. (Ord. 96-16, 9/3/96)

CHAPTER 401 Individual Sewage Disposal

The Minnesota Pollution Control Agency Water Quality Division Individual Sewage Treatment Systems Standards, Minnesota Rules Chapter 7080, one copy of which is on file in the office of the City Clerk, is hereby adopted as the individual sewage disposal code for the City of Sunfish Lake. Such standards are hereby incorporated in this ordinance as completely as if set out in full.

Whenever the word "agency" or "Minnesota Pollution Control Agency" is used in the Individual Sewage Treatment Systems Chapter 7080 regulations, it shall be held to mean the City of Sunfish Lake. Whenever the word "director" is used in the regulations, it shall be held to mean the building inspector or his authorized agent.

        The following terms in this Section 402 shall have the following meanings as set forth below:

        Subd. 1 Aerobic Tank: Aerobic tank means any switch tank which utilizes the principle of oxidation in the decomposition of sewage by the introduction of air into the sewage.

        Subd. 2 Baffle: Baffle means a device installed in a septic tank for proper operation of the tank and to provide maximum retention of solids, and includes vented sanitary tees and submerged pipes in addition to those devices that are normally called baffles.

        Subd. 3 Institutional: Institutional means any use of a building or property other than a single family residential dwelling unit.

        Subd. 4 Failed Individual Sewage Treatment System: Failed individual sewage treatment system means a soil treatment system that is allowing sewage, sewage tank effluent, or seepage from the soil treatment system to be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. Failed individual sewage treatment system also means an individual sewage treatment system that uses cesspools, leaching pits, or seepage pits, or systems with less than three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics.

        Subd. 5 Individual Sewage Treatment System: Individual sewage treatment system means a sewage treatment system or part thereof, serving a dwelling, or other establishment, or group thereof, which uses sub-surface soil treatment and disposal, including approved holding tanks.

        Subd. 6 Mound System: Mound System means a system where the soil treatment area is built above the ground to overcome limits imposed by proximity to water table or bedrock, or by rapidly or slowly permeable soils.

        Subd 7 Owner: Owner means all persons having possession of, control over, or title to an individual sewage treatment system.

        Subd. 8 Pump or Pumped: Pump or pumped means the removal and sanitary disposal of septage from the septic tank. Removal of septage also includes complete removal of scum and sludge.

        Subd. 9 Pumper or Certified Pumper: Pumper or certified pumper means a person or company that has been licensed by Dakota County as qualified to pump a septic system.

        Subd. 10 Secondary Discharge: Secondary discharge means those solids and liquids discharged intermittently which are not part of the businesses commercial and/or industrial process, including, but not limited to, floor drains and overflow from containment areas.

        Subd. 11 Septage: Septage means those solids and liquids removed during periodic maintenance of a septic or aerobic tank or those solids and liquids which are removed from a holding tank.

        Subd. 12 Sewage: Sewage means any water carried domestic waste, exclusive of footing and roof drainage, from any industrial, agricultural, or commercial establishment, or any dwelling or any other structure. Domestic waste includes liquid waste produced by toilets, bathing, laundry, culinary operations, and the floor drains associated with these sources, and specifically excludes animal waste and commercial or industrial waste water.

        Subd. 13 Sewage Tank: Sewage tank means a water tight tank used in the treatment of sewage and includes, but is not limited to, septic tanks and aerobic tanks.

        Subd. 14 Septic Tank: Septic tank means any water tight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, and store liquids through a period of detention, and allow the clarified liquids to discharge to a soil treatment system.

        Subd. 15 Soil Treatment System: Soil treatment system means a system where sewage tank effluent is treated and disposed of below the ground surface by filtration and percolation through the soil, and includes those systems commonly known as seepage bed, trench, drain field, disposal field and mounds.

        Chapter 7080 of the Minnesota Rules of the Minnesota Pollution Control Agency Water Quality Division for Individual Sewage Treatment Systems (MPCA Rule 7080) and Appendix A found in Rule 7080.0210 and any subsequent amendments thereto, are hereby adopted by reference and shall be a part of this ordinance as if set forth fully herein. A copy of MPCA Rule 7080 and Appendix A are on file in the office of the City Clerk. An individual sewage treatment system shall only be used for the discharge of sewage as that term is defined herein.

        Holding tanks conforming to the requirements of this code are limited to the following installations:

        a) Tanks with a capacity not exceeding 2000 gallons may be used for collection of secondary discharge not suitable for on-site treatment.

        b) Replacement of failed individual sewage treatment systems on existing uses when no other means of treatment is possible.

        In addition to the requirements contained within MPCA Rule 7080, all new, rebuilt or otherwise modified individual sewage treatment systems located in the City shall be designed by a person licensed as a site evaluator by Dakota County as being qualified to design such systems. Proof of such certification shall be provided to the City at the time the design of the individual sewage treatment system is submitted to the City's building official for approval. The design shall be submitted to and approved by the building official prior to issuance of any building permits for the subject site.

        The installation of an individual sewage treatment system shall occur only at the location approved by the City's building official. Installation of the system at any other location shall require submission to and approval of revised design and location plans by the City's building official. The system shall only be installed by a person or company licensed by Dakota County as qualified to install such a system.

        For all lots in unsewered areas that require platting or a waiver of platting, the landowner shall submit to the City sufficient soil borings and analysis on each such lot to show the existence of an adequate land area of suitable soils that will accommodate at least two (2) sites for a soil treatment system on the subject lot, taking in account depth to water table, soil types and conditions, topographic features, flooding potential and mandatory setback requirements, as dictated by city ordinance and any applicable state and federal regulations. The evaluation of the soils and the soil borings as well as the two (2) potential locations of the on-site individual sewage treatment system shall be submitted to the City for review and approval prior to any final plat approval or waiver of platting being given for the subject property. Failure to provide the information required by this section or failure to have at least two (2) potential sites for a soil treatment system on each lot shall be grounds for denial of the plat or grounds for the denial of the waiver of platting.

        No individual sewage treatment system shall be used unless the owner of the individual sewage treatment system has received a permit from the City and the permit is in force and effect.

        Subd. 1. Mandatory pumping; Residential Use: The owner of every single family residential sewage tank, septic tank or holding tank must have obtained an Individual Sewage Treatment System permit from the city's clerk. The permit shall be issued by the clerk only if the following requirements are met:

        (a) The owner of the individual sewage treatment system has caused the pumper to show evidence to Dakota County in the form of a written certificate from the pumper that the septic or sewage tank has been pumped within twelve months prior to permit expiration.

        (b) The owner of the individual sewage treatment system of holding tanks pays the required permit fee, if any.

        Subd. 2. Mandatory Pumping; Institutional Permit: The owner of every institutional individual sewage treatment system must have obtained an Individual Sewage Treatment System Permit from the city's clerk. The permit shall be issued by the clerk only if the following requirements are met:

        (a) The owner of the individual sewage treatment system has caused the pumper to show evidence to Dakota County in the form of a written certificate from the pumper that the septic or sewage tank has been pumped within twelve months prior to permit expiration.

        (b) The owner of the individual sewage treatment systems pays the required permit fee, if any.

        Subd. 3. Pumper Requirements: The certificate to be executed by the pumper shall state the following:

        (a) That the sewage tank or septic tank has been pumped.

        (b) The date of the pumping.

        (c) The County license number of the pumper.

        (d) Indicate if there is any evidence of surface discharge from the drainfield.

        Subd. 4. Duration: The duration of the initial permit for an existing system shall be until December 31, 1997. Permits issued thereafter shall expire on December 31st of every odd numbered year. The permit shall be deemed revoked if the system becomes a failed individual sewage treatment system. The initial permit must be obtained no later than December 31, 1996.

        Subd. 5. Relation to Zoning Code: Permits will not be issued if the building or property use is not in conformance with City Zoning Code.

        Subd. 6. Permit Fee: No fee shall be imposed if the initial permit is obtained prior to December 31, 1996. No fee shall be imposed for a subsequent permit if the permit is obtained prior to expiration of the existing permit. If the permit is not timely obtained, the fee for the permit shall be $50 and must be paid by the owner prior to issuance of the permit.

        All pumping must occur in accord with Minnesota Statutes.

        The owners of individual sewage treatment systems shall obtain the initial permit no later than December 31, 1996. With respect to the initial permit, the pumping shall occur within 20 months prior to December 31, 1996. The initial permit shall expire December 31, 1997. After December 31, 1997, all permits issued shall expire on December 31st of each odd numbered year and the pumping must occur within 12 months prior to the expiration date.

        Subd. 1. Prohibition Against Use of Failed System: No failed individual sewage treatment system shall be used in the City. The owner of a failed system, upon discovery of the failure, shall have the system pumped immediately.

        Subd. 2. Replacement, Modification or Reconstruction of Failed System: thirty (30) days after there is evidence that the individual sewage treatment system has failed, the owner of a failed individual sewage treatment system shall replace, modify or reconstruct the failed system either in conformance with MPCA Rule 7080 or, if allowed by the building inspection division, in conformance with Appendix A to MPCA Rule 7080; in the alternative, the owner shall permanently discontinue use of the failed system. If the failed system is discontinued, the system shall be abandoned in accord with state laws and regulations; such abandonment procedure shall be completed within thirty (30) days after the discontinuance, unless the council grants a longer time for completion of the procedure. If the owner does not comply with this subdivision the owner shall cause the premises to be vacated and to remain unoccupied until compliance is obtained.

        Subd. 3. Council Permission For Use Up To One Year: Upon application by the owner, the City Council may allow the failed system to be used up to one (1) year from Council approval of the application if the Council finds that the failed system is not causing an imminent danger to the public health, safety and welfare and either by reason of exceptional circumstances the strict enforcement of this Section would cause undue hardship or strict conformity with this Section is impractical or not feasible under the circumstances. (Ord. 1997-06, 4/1/97)

Violation of this Section 402 shall be a misdemeanor. Presentation to the City of any false or intentionally misleading statements or certificates by the owner or by the certified pumpers or certified designers or installers of individual sewage treatment systems shall also be a misdemeanor.

If any provision of this Section 402 is inconsistent with MPCA Rule 7080, then that provision which is more demanding or provides a greater level of requirements or restrictions or provides an earlier date of compliance shall prevail and be controlling. (Ord.1995-402, 5/2/95)

The City's Inspector and the Inspector's designee shall have the right to enter upon property that has an individual sewage treatment system in order to make inspections to determine compliance with this Section 402 and to determine the existence of a failed system. (Ord. 1997-06, 4/1/97)

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Chapter 601 Firearms

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

    Subd. 1 Firearm: A firearm is any mechanical device or weapon from which a missile or object is discharged by use of gunpowder, compressed air, or string bow (i.e., rifle, pistol, air rifle, bow and arrow, etc.).

    Subd. 2 Discharge of Firearm: The operation or use of any firearm by which any object or missile is discharged including the use of blanks.

    Subd. 1 Discharge: Any discharge of any firearm in the City of Sunfish Lake is prohibited, except as provided in Section 601.04 subparagraphs 1, 2 and 3 below.

    Subd. 2 Firearms to Minor: No person shall sell, give, loan or in any way furnish any firearm or ammunition to a minor under the age of eighteen (18) years without the express written consent of his or her parents or guardian, police officer or magistrate.

Section 601.03 Penalty:

Any person found guilty of violating the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine, or imprisonment, or both, but in either case including the costs of prosecution thereof.

    Subd. 1 Persons required to discharge firearms: This Ordinance shall not apply to those representatives of the City, County, State and or Federal government who may, in the course of their duties, be required to discharge their firearms.

    Subd. 2 Discharge for defense or enforcement: This Ordinance shall not apply to any individual who discharges a firearm when done in the lawful defense of person, property, or family, or the necessary enforcement of the law.

    Subd. 3 In the following areas of the City only:

        a.) any parcel of ten (10) acres or more of contiguous land under single ownership; or

        b.) any parcel of less than ten (10) acres in size where all adjoining owners have consented in writing to the discharge of a firearm for the purpose of shooting deer the fee owner of the parcel and those persons that have received written permission from the fee owner may discharge a firearm for the purpose of hunting only deer on the parcel subject to the following conditions:

            i.) The only firearm allowed shall be bow and arrow unless the Council by resolution approves use of other firearms on a specific parcel under conditions specified by the Council in the resolution; all such conditions must be met

            ii.) If the firearm discharge occurs pursuant to a deer management program approved by the Minnesota Department of Natural Resources (DNR) and by the City, then all conditions imposed by the DNR and the City must be met. The Council by resolution shall specify the parcels where firearm discharge shall be allowed under the deer management program and the Council may impose conditions. Discharge shall only occur on such parcels.

            iii.) Discharge of the firearm must be only for the purpose of hunting deer.

            iv.) The person discharging the firearm must have passed a safety training course by the Minnesota Bow Hunters Association or a firearm safety training course of similar scope and purpose.

            v.) No discharge shall be made within 200 feet of driveways on the subject parcel and no discharge shall be made within 200 feet of any public or private roadways on or abutting the subject parcel unless the owner of the land closest to the driveway or adjoining the public or private road and the City Council consent in writing to a lesser restriction.

            vi.) No discharge shall be made within 200 feet of the boundaries of the subject parcel unless the owner of the land adjoining the boundary and the City Council consent in writing to a lesser restriction.

            vii.) No discharge shall be made within 200 feet of any residence or other building on the subject parcel unless the owner of the subject parcel and the City Council consent in writing to a lesser restriction.

            viii.) The person discharging the arrow must have a valid State of Minnesota deer hunting license and the license must be in possession of the person at all times while hunting on the subject parcel.

            ix.) The person discharging the firearm must comply with all the laws and regulations of the State of Minnesota relating to deer hunting.

            x.) If the discharge is to occur by the fee owner, then prior to any discharge the fee owner shall file with the City Clerk the following information in writing: name, address and telephone number of the fee owner; the dates and times when hunting is to occur; a general description of the location of the subject parcel; evidence that the person has passed an archery safety training course.

            xi.) If the discharge is to occur by a person who has received written permission from the fee owner, then prior to any discharge that person shall file with the City Clerk the following information in writing: name, address and telephone number of the fee owner and of the persons receiving the permission; the dates and times when hunting is to occur; a general description of the location of the subject parcel; a copy of the written permission received from the fee owner; the license plate number of the vehicle that the person will be driving to the subject parcel; evidence that the person has passed a safety training course.

            xii.) The written permission from the fee owner must specifically state the names of the individuals that have the permission and must state the dates and times for which permission has been granted. The person receiving such permission must have the written permission in possession at all times while hunting on the subject parcel. Discharge of the firearm and hunting on the subject parcel shall only occur on the dates and at those times stated on the written permission. No discharge of a firearm and no hunting shall occur on the subject parcel if the fee owner revokes the written permission.

            xiii.) No discharge shall occur except during the following times:

                - one-half hour before sunrise to two hours after sunrise

                - from two hours before sunset to sunset

            xiv.) No discharge of a firearm shall occur prior to September 15 or such earlier date as approved by the Minnesota Department of Natural Resources (DNR) for a specific parcel. In each hunting season no discharge shall occur after either of the following events, whichever comes first:

                - December 31 or in lieu thereof that later date set by the DNR as part of an approved DNR deer management program;

                when the number of deer killed in that hunting season equals the respective deer kill limits by gender set by the City Council for that hunting season.

            xv.) Any person killing a deer on any of the eligible parcels shall report the deer killing to the City Clerk and to the fee owner within twenty- four (24) hours after the killing has occurred. The gender of the deer shall also be reported.

            xvi.) No discharge of firearms shall occur on October 31.

When the Clerk receives notice that the limits stated in paragraph (xiv) above have been reached, the Clerk shall notify the fee owners of the eligible parcels and those that have received permission from the fee owners that no further discharge of arrows can occur. Violation of this Ordinance shall be a misdemeanor. Notwithstanding anything to the contrary herein contained, any person that violates this Ordinance shall not be allowed to discharge a firearm.

Each year at the August regular Council meeting, the Council, by written resolution, shall set the deer kill limits for each gender of deer for the eligible parcels. In setting such limits, the Council shall consider the density and location of the deer in the City as shown by surveys either from the Department of Natural Resources or from other organizations. The Council shall consider all other relevant factors in setting the deer limits. After passage, the Council's written resolution shall be sent by mail to the owners of all the eligible parcels and the written resolution shall be on file with the City Clerk.

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Chapter 602 Trapping

The following definitions shall apply in the interpretation and enforcement of this Ordinance:

    Subd. 1 Trap: A mechanical device, snare, artificial light, net, bird, bird line, ferret, hawk, vehicle or any contrivance whatever.

    Subd. 2 Trapping: The setting or laying or otherwise using of a trap to trap, catch, snare or otherwise restrain free movement of animals, wildlife or birds.

Trapping anywhere in the City of Sunfish Lake is prohibited, except provided in Section 602.04 below.

Any person, firm or corporation who violates any of the provisions of this ordinance shall be guilty of a misdemeanor.

    Subd. 1 Representatives of the City, County, State, or Federal Government: The provisions of this ordinance do not apply to representatives of the City, County, State or Federal government, who may, in the course of their duties, be required to use a trap to trap, catch, snare kill or otherwise restrain any animal to protect human life or property or to teachers for school programs or scientists intending to identify animals, wildlife or birds which will be returned to their natural environment uninjured. Any such trapping is permitted only with the express written consent of the landowner upon whose property the trapping occurs.

    Subd. 2 One year permit: The City Council of the City of Sunfish Lake, may issue a one year permit which allows the permit holder and/or the family of the permit holder to trap animals according to the conditions of the permit. The holder of a permit may not attempt any trapping on the private property of another without the specific written permission of the owner of said property. Such written permission, or 2 copies thereof, must be carried on the person of anyone attempting any trapping on the private property of another. The permit must include the following information:

        (a) The name of the permit holder and the names of his spouse and children.

        (b) The address of the permit holder.

        (c) A general description as to the land upon which trapping may be allowed.

    Subd. 3 Live traps: The provisions of this ordinance do not apply to live traps provided the following occur:

        (a) The live traps are checked at least daily; and

        (b) The animals trapped in the live traps are released unharmed or if such animals are injured, they must be disposed of in an humane manner.

    Subd. 4 Traps for animals underground: The provisions of this ordinance do not apply to traps designed to catch, snare, restrain or kill animals underground provided the following occur:

        (a) The traps are placed on property owned by the person placing the trap or with the property owner's written consent; and

        (b) the traps are set in a manner that does not pose a risk of harm to non-targeted animals above ground. (Ord. 96-17, 9/3/96)

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Chapter 603 Public Nuisances

Whoever by his act or failure to perform to legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:

a) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or

b) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or

c) Is guilty of any other act or omission declared by law or this ordinance to be a public nuisance and for which no sentence is specifically provided.

The following are hereby declared to be nuisances affecting health:

a) Exposed accumulation of decayed or unwholesome food or vegetable matter, except within an enclosed compost pile that meets state and county regulations;

b) All diseased animals running at large;

c) Carcasses of animals not buried or destroyed within 24 hours after death;

d) Accumulations of manure, refuse, or other debris;

e) Privy vaults and garbage cans which are not rodent free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;

f) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;

g) All noxious weeds as defined by state law;

x

h) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities. (Ord. 96-18, 9/3/96)

The following are declared to be nuisances affecting public peace and safety:

a) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;

b) All wires and limbs of trees which are so close to the surface of street as to constitute a danger to pedestrians or vehicles;

c) All unnecessary noises and annoying vibrations;

d) Obstructions and excavations affecting the ordinary use by the public of streets, or public grounds except under such conditions as are permitted by this ordinance or other applicable law;

e) Radio aerials or television antennae erected or maintained in a dangerous manner;

f) Any barbed wire fence less than six feet above the ground and within three feet of a public way;

g) Accumulations in the open of discarded or disused machinery household appliances, automobile bodies or other material, in a manner conducive to the harboring of rats, mice, snake or vermin, or to fire, health or safety hazards from such accumulation or from the rank growth of vegetation among the items so accumulated;

h) Any well, hole or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child coming on the premises where it is located;

i) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter or ditch with trash or other materials;

j) The placing or throwing on any street, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance;

k) The depositing of garbage or refuse on a public right-of-way or private road or on adjacent private property;

l) The existence of a dump site or debris pile on any private property, and

m) All other conditions or things which are likely to cause injury to the person or property of anyone. (Ord. 96-19, 9/3/96)

It shall be determined that an animal is a nuisance for the purposes of this ordinance to habitually or frequently bark or cry at night, to chase vehicles, to molest or annoy any person or other animal away from the property of his owner or custodian, or to damage, defile, or destroy public or private property. Failure of the owner or custodian of an animal to prevent the animal from committing such a nuisance is a violation of this ordinance.

Violation of this ordinance shall be considered a misdemeanor and, upon conviction, shall be punished by a fine, or imprisonment, or both, but in each case including the costs of prosecution thereof.

Subdivision 1. Findings and Purpose: The City Council finds that feeding of deer contributes to a high deer density in the City which in turn causes a threat to the public health, safety and welfare. The high deer density has resulted in damage to landscapes and damage to the understory of wooded areas. Further, the high deer density causes an increased potential for accidents between vehicles and deer and the increased potential for contact with deer ticks that could result in contacting Lyme disease.

Subd. 2. Prohibition: No person shall feed deer within the City of Sunfish Lake. For purposes of this Section 603.06, feeding shall mean providing grain, fruits, vegetables, nuts, hay or other edible material, either on the ground or at a height of less than five (5) feet above the ground, in a manner that attracts or is designed to attract or is likely to attract deer on a regular basis. Living food sources, such as fruit trees, or other live vegetation, shall not be considered as deer feeding.

Subd. 3. Exception: The prohibition contained in Section 603.06, Subd. 2 shall not apply to veterinarians or governmental game officials, who in the course of their duties have deer in their custody or under their management. Further, the prohibition contained in Section 603.06, Subd. 2 shall not apply to a Minnesota Department of National Resources deer management program approved by the City of Sunfish Lake.

Subd. 4. Penalty: Violation of this Section 603.06 shall be a misdemeanor. (Ord. 1995-6, 8/1/95) (Ord. 1996-04, 8/6/96) (Ord. 1997-09, 9/2/97)

For purposes of this Section 603.07, 603.08 and 603.09, the following terms shall have the following meanings.

Subd. 1 Junk Vehicle: "Junk Vehicle" means any Motor Vehicle or Implement of Husbandry or Trailer which is not in good and operable condition, or which is partially dismantled, or which is used for sale of parts, or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind. The term Junk Vehicle also includes a Motor Vehicle, except a Farm Tractor, which is not properly licensed for operation within the State of Minnesota by the State of Minnesota.

Subd. 2 Vehicle: "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Subd. 3 Motor Vehicle: "Motor Vehicle" means every Vehicle which is self-propelled and every Vehicle which is propelled by electric power obtained from overhead trolley wires. Motor vehicle does not include a vehicle moved solely by human power.

Subd. 4 Farm Tractor: "Farm Tractor" means every Motor Vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other Implements of Husbandry.

Subd. 5 Trailer: "Trailer" means any Vehicle designed for carrying property or passengers on its own structure and for being drawn by a Motor Vehicle.

Subd. 6 Implement of Husbandry: "Implement of Husbandry" means every Vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

Section 603.08 Parking and Storage:

No person shall park, keep, place, or store, or permit the parking or storage of a Junk Vehicle on a public street or alley, or on any private easement or on any private lands or premises which he owns, occupies, or controls unless the Junk Vehicle shall be within a building on such private premises.

Section 603.09 Repair, Service or Maintaining:

No person shall service, repair, replace parts or do maintenance work on a Junk Vehicle on a public street or alley, or on any private easement or on any private lands or premises unless the Junk Vehicle shall be within a building on such private premises. (Ord. 92-01, 4/8/92)

Chapter 604 Recreational Motor Vehicles

The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise:

Subd. 1 Recreational motor vehicle: Any self-propelled vehicle used for recreational purposes and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to a trail bike or other all-terrain vehicle, hovercraft, snowmobile, or motor vehicle licensed for highway operation which is being used for off-road recreational purposes.

Subd. 2 Waterbody: Any body of water in the City, navigable or unnavigable, including Sunfish Lake, Hornbeam Lake and Horseshoe lake, with access to more than one property within the City.

It is unlawful for any person to operate a recreational motor vehicle:

a) On private property of another without specific written permission of the owner of said property. Such written permission, or a copy thereof, must be carried on the person of anyone operating a recreational motor vehicle on the private property of another.

b) On City owned land including school grounds, park property.

c) In a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons.

d) While under the influence of intoxicating liquor or narcotics or habit forming drugs.

e) At a rate of speed greater than reasonable or proper under all the surrounding circumstances or greater than the posted speed limit, whichever, is lower.

f) At any place in a careless, reckless, or negligent manner so as to endanger or likely to endanger any person or property or cause injury or damage thereto.

g) On any public street, highway, or right-of-way, unless licensed pursuant to Minnesota Law.

h) To intentionally drive, chase, run over, or kill any animal, wild or domestic.

i) Within 150 yards of any public recreational area, church, or dwelling. This provision does not apply to the occasional use of recreational motor vehicles on private property for the purpose of loading or unloading it from a trailer or for mechanically checking it.

j) Upon any waterbody surface, whether open water or frozen, during all times of the year.

Authorized governmental resource management, emergency and enforcement personnel when acting in the performance of their assigned duties shall be exempt from this Ordinance.

The provisions of this Ordinance shall be enforced by City authorized peace officers and officers of the Dakota County Sheriff's Office.

Violation of any provision of this Ordinance shall be a misdemeanor as defined by Minnesota Statute.

It shall be the responsibility of the City of Sunfish Lake to provide for adequate notification of the public, which shall include placement of necessary signs.

(Ord.1997-02, 1/7/97)(Ord. 1997-09, 12/2/97)

Chapter 605 Motorized Watercraft

The City Council has found that due to the size of the bodies of water located within its boundaries and due to the fact that all of these bodies of water are surrounded by single-family homes and, further, because the City is zoned for the quiet and pastoral enjoyment of this unique residential setting, that motorboats are inimical to the purpose of the Zoning Code and hereby prohibited.

Subd. 1 Motorboat: "Motorboat", shall mean any watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors, as defined by Minnesota Statute 86B.005, Subd. 9, as may be amended.

Subd. 2 Bodies of Water: "Bodies of Water", shall mean any body of water in the City, including Sunfish Lake, Hornbeam Lake and Horseshoe Lake, navigable or unnavigable, with access to more than one property within the City.

The use of motorboats on or in any body of water in the City of Sunfish Lake is prohibited.

Authorized governmental resource management, emergency and enforcement personnel when acting in the performance of their assigned duties shall be exempt from this Ordinance.

The provisions of this Ordinance shall be enforced by City authorized peace officers, officers of the Dakota County Sheriff's Office and Conservation Officers of the Minnesota Department of Natural Resources.

Violation of any provision of this Ordinance shall be a misdemeanor. (Ord. 1997-01, 1/7/97, Ord. 1997-10, 12/2/97)

Chapter 606 Tree-Hole Mosquito Control

Words and phrases defined in this section have, when used in this ordinance, the meanings given below.

Subd. 1 Tree-hole Mosquito: Aedes triseriatus; a carrier of California encephalitis (La Crosse strain).

Subd. 2 Habitat: In any shaded or wooded area. Any natural or man-made object in which water or debris may accumulate and which is conducive to the breeding of the Tree-hole Mosquito; including, but not limited to: natural or artificial holes in trees or stumps; unused tires which are not mounted on wheels; pots, pans, cans, pails, bottles or other containers left outdoors; gutters which are clogged or which otherwise do not properly allow for runoff; and other objects in which standing water accumulates, all of which are 7' or less from the ground.

Subd. 3 Person: An individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body or person whether incorporated or not.

Subd. 4 City: The City of Sunfish Lake, Minnesota.

Subd. 5 City Forester: An official appointed by the City Council of the City, and serving at the discretion of said Council, charged with enforcement of this ordinance and entrusted with the authority to make investigations and issue citations pursuant to this ordinance.

No Person shall allow a habitat for the Tree-hole mosquito to exist on property owned, leased, or otherwise occupied by that Person.

Subd. 1 Enforcement Duties: The City Forester shall enforce the provisions of this ordinance. The City Forester or his duly authorized agent may inspect private premises, other than the interior of private residences, and may make all reasonable efforts to prevent violations of this ordinance.

Subd. 2 Citation: The City Forester shall issue a citation to any Person in violation of the General Prohibition contained in Section 606.02 of this ordinance. Such citation shall state the general nature of the violation and shall specify a date not less than fourteen (14) nor more than thirty (30) calendar days after the date of the citation (the "abatement date"). Such citation shall be served upon a Person by delivering a copy to him or her personally or by leaving a copy at his or her usual place of abode with some person of suitable age and discretion. In the case of a partnership, association or corporation, service may be made on a general partner of the partnership, a member of the association or an officer of the corporation, as the case may be. In either case, the citation shall be mailed to the Person in violation of this ordinance of his or her usual place of abode by certified mail, return receipt requested. In any event, if the Person in violation of this ordinance is unavailable for personal service, the citation may be served by posting a copy of the citation in a conspicuous place on the land subject to the citation for two consecutive weeks, and by sending a copy of the citation to the last known address of the owners of the land subject to the citation by certified mail, return receipt requested. Said notice shall be deemed sufficient upon mailing.

Subd. 3 Abatement Date: On or after the abatement date, the City Forester shall re-inspect the land subject to the citation. If the conditions described in the citation as violations of this ordinance have not been remedied or diligently pursued toward a remedy, the person named in the citation shall be charged with a violation of this ordinance.

Subd. 4 Civil Remedies: This ordinance may be enforced by injunction, action for abatement, and other appropriate civil remedy.

Subd. 5 Criminal Penalties: Every Person who violates this ordinance and is charged with such violation pursuant to Subd. 3 above is guilty of a misdemeanor and shall, upon conviction, be subject to a fine or imprisonment, or both, plus, in either case, the costs of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense.

If any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the application of the ordinance to any other situation shall not be invalidated.

If any provision of this ordinance is in conflict with a provision of any other City ordinance, the provision which establishes a higher standard for the promotion and protection of the residents of the City shall prevail.

Chapter 607 Alarm Systems

SECTION 607.01 Title:

This ordinance shall be known, cited, and referred to as "The Alarm Ordinance," except as herein referred to as "this ordinance."

To protect the public health, safety and welfare, the City Council deems it necessary to provide for the special and express regulations of alarm systems which are designed to signal the presence of a hazard requiring urgent attention and to which public safety personnel are expected to respond. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in the City. The great number of and increasing frequency of these false alarms require intensive and time consuming efforts by the police and fire departments and thereby distract from and reduce the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous public safety services to all segments of the community, without an undue concentration of public services in one area to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the process described below.

For the purposes of this Section 607, the following terms shall have the following meanings.

Subd. 1 Public Safety Personnel: "Public Safety Personnel" means duly authorized City police and fire personnel.

Subd. 2 Alarm User: "Alarm User" means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure, or facility wherein an alarm system is maintained.

Subd. 3 Public Safety Communications Center: "Public Safety Communications Center" is the facility used by the City to receive emergency requests for service and general information from the public to be dispatched to respective public safety personnel.

Subd. 4 Alarm System: "Alarm System" means and include any alarm installation designed to be used for the prevention or detection of burglary, robbery or fire or an emergency situation on the premises which contain an alarm installation.

Subd. 5 False Alarm: "False Alarm" means an alarm signal eliciting a response by public safety personnel when a situation requiring a response does not, in fact, exist, and which is caused by the activation of the alarm system through mechanical failure, alarm malfunctions, improper installation or the inadvertence of the owner or lessee of an alarm system or of his/her employees or agents.

False alarms do not include alarms caused by climatic conditions such as tornadoes, thunderstorms, utility line mishaps, violent conditions of nature or any other conditions which are clearly beyond the control of the alarm manufacturer, installer or owner.

False alarms do not include alarms occurring in the first thirty (30) days of operation of a new alarm system.

Subd. 1 False alarms for police response: An alarm system may report as many as two (2) false alarms requiring police response within a twelve (12) month period without charge. A user fee of $50 shall be paid by the alarm user for the third false alarm requiring a police response within a twelve (12) month period. A user fee of $100 per false alarm shall be paid by the alarm user thereafter for additional police responses within a twelve (12) month period.

Subd. 2 False alarm for fire department response: An alarm system may report as many as one (1) false alarm requiring fire department response within a twelve (12) month period without charge. For the second false alarm within a twelve (12) month period that requires a fire department response, the alarm user shall pay a user fee of $150. For any false alarm in a twelve (12) month period requiring a fire department response after the second false alarm, the alarm user shall pay a user fee equal to the sum of the following formula:

(a) $150 plus

(b) $100 times a multiplier which multiplier is the number of false alarms in a twelve (12) month period that required a fire department response minus two (2).

Subd. 3 Written appeal of a false alarm charge: An alarm user which is required by the City to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the City Administrator within ten days of receipt of notice by the City of the false alarm charge. The City Administrator will have authority to make a final determination as to whether the appellant is to be charged with a false alarm, based on circumstances and culpability.

Payment of user fees provided by under Section 607.07 must be paid to the City Treasurer within 30 days from the date of notice by the City to the alarm user. Failure to pay the fee within 30 days' notice will cause the alarm user to be considered delinquent and subject to a penalty of ten percent (10%) of the fee.

Except for equipment of a type or category for which no Underwriters Laboratory (UL) standards have been established, no robbery/burglary alarm equipment may be installed hereafter unless it is listed on the UL Burglary Protection Equipment List. All equipment shall be installed according to UL standards. This shall not be construed as requiring UL certification of an alarm system.

All information submitted in compliance with this ordinance shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. Subject to requirements of confidentiality, the Chief of Police or the Fire Chief, or their designees, may develop and maintain statistics for the purpose of ongoing alarm systems evaluation.

No automatic dialing devices shall be connected to the public safety communications center through any telephone line. Use of automatic dialing devices will be considered a violation of this ordinance.

Subd. 1 Failure or omission to comply: Failure or omission to comply with any section of this ordinance shall be deemed a misdemeanor and may be so prosecuted, subject to the penalty provided in Subd. 2 of this section.

Subd. 2. Violation: Violation of this ordinance shall be punishable upon conviction by a fine of not more than $700, imprisonment for a period not to exceed 90 days, or both. (Ord. 1992-1, 7/7/92) (Ord. 1996-1, 3/4/96) (Ord. 96-20, 8/6/96)

Minn. Stat. § 366.011. Charges For Emergency Services Collection.

A town may impose a reasonable service charge for emergency services, including fire, rescue, medical, and related services provided by the town or contracted for by the town. If the service charge remains unpaid 30 days after a notice of delinquency is sent to the recipient of the service or the recipient’s representative or estate, the town or its contractor on behalf of the town may use any lawful means allowed to a private party for the collection of an unsecured delinquent debt. The town may also use the authority of section 366.012 to collect unpaid service charges of this kind from delinquent recipients of services who are owners of taxable real property in the town.

The powers conferred by this section are in addition and supplemental to the powers conferred by any other law for a town to impose a service charge or assessment for a service provided by the town or contracted for by the town.

Minn. Stat. § 366.012 Collection of Unpaid Service Charges.

If a town is authorized to impose a service charge on the owner, lessee, or occupant of property, or any of them, for a governmental service provided by the Town, the town board may certify to the county auditor, on or before October 15 for each year, any unpaid service charges which shall then be collected together with property taxes levied against the property. A charge may be certified to the auditor only if, on or before September 15, the town has given written notice to the property owner of its intention to certify the charge to the auditor. The service charges shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes. This section is in addition to other law authorizing the collection of unpaid costs and service charges.

Minn. Stat. §415.01 Town Laws, Application; Exercise of Powers By City.

Subdivision 1. General. A town must not exercise the powers conferred in chapters 365 to 368 within the territory embraced within the limits of any city, but a city has and may exercise within its limits any of the powers conferred by these chapters upon towns.

Subd. 2. Charges For Emergency Services.

A city may exercise the power under sections 366.011 and 366.012 relating to charges for emergency services only if the city adopts an ordinance authorizing the manner and amount of charging for those services.

Chapter 608 Regulation of Dogs

The following definitions shall apply in the interpretation and enforcement of this Ordinance.

Subd. 1 Dog Owner: Any person owning or harboring a dog for three consecutive days, shall for the purpose of this Section be deemed the owner thereof.

Subd. 2 Person: Person means any person, firm corporation, partnership, joint venture or association.

Subd. 3 Under Restraint: Means an animal that is controlled by a leash or at heel beside a competent person having custody of it and obedient to that person's commands, or within a vehicle being driven or parked on a public street or if it is within the property limits of its owner's premises.

Subd. 1 Vaccination Required: The owner of every dog in the City shall cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required vaccination.

Subd. 2 Affixation of Tag Required:- The owner of every dog in the City shall affix a tag to the collar of the dog in such a manner that the tag may be easily seen. The tag shall contain information of the current rabies vaccination, and identifying the owner, the owner's address and telephone number.

Subd. 3 Restraint of Dog: Any dog that does not have such identification tag affixed to its collar and that is not under restraint, and that is found on the public street, or on public land, or on private land without the landowner's consent, shall be seized and impounded by the city's police department and taken to the humane office of the City as designated by the Council. The humane officer shall determine whether other forms of identification are present on the dog; such other forms to be checked are those stated in Minnesota Statute 346.50, including an electronically activated identification device. The officer to whom the dog is delivered shall, without delay, notify the owner, personally or through the United States mail, if such owner be known to the officer or can be ascertained with reasonable effort, but if the owner be unknown or cannot be ascertained, then the officer shall post written notice in three public places in the City, giving a description of the dog, stating where it is impounded and the conditions for its release. If, after five days, the owner does not claim the dog the officer shall dispose of the dog in a proper and humane manner. The dog shall not be released to the owner until the owner has paid the humane officer for the cost of keeping and feeding the dog. The dog shall not be released until the owner has made arrangements for rabies vaccination.

Any person found guilty of violating the provisions of this Ordinance shall be guilty of a petty misdemeanor. (Ord. 607-1, 3/7/95) (Ord. 96-23, 9/3/96)

Section 609.01. Regulation of Hours. Musser Park and Harmon Park are closed to the public from sunset to sunrise. No person shall be in Harmon Park or in Musser Park during the hours from sunset to sunrise, except for the following:

Chapter 804 Installation of New Utility Services

SECTION 804.01 Definitions:

The following definitions shall apply in the interpretation and enforcement of this ordinance:

Subd. 1 Utility Service: Utility Service means all public or private utility distribution lines, and associated structures including service to street lights, electrical circuits, all communications circuits and services including cable television distribution lines as defined in the National Electric Code ("NEC"), as adopted by the City of Sunfish Lake and all facilities or other similar associated utility services.

Subd. 2 Existing Utility Service: Existing Utility Service means any above ground or overhead Utility Service as defined in Paragraph 1 of this Section which exist and on which construction has been completed as of the effective date of this ordinance.

Subd 3 New Utility Service: As defined in subdivision 1 of this Section on which construction has not physically begun as of the effective date of this ordinance.

SECTION 804.02 Underground Utilities Required:

As of the effective date of this ordinance, all New Utility Service shall be installed underground, such installation to be subject to the installation/excavation requirements of the Minnesota State Building Code as adopted by the City of Sunfish Lake.

SECTION 804.03 Exceptions:

Notwithstanding the provisions of Section 804.02 above, the City Council of Sunfish Lake, upon petition, may waive the requirement for underground installation of New Utility Service upon a finding that:

a) The installation of utilities underground would not be compatible with the proposed development, existing or surrounding development.

b) Technical conditions make the underground installation unreasonable or impractical. The following technical conditions may be considered among others that may be applicable: unusual topographical, soil or other physical conditions that make underground installation of such lines unreasonable or impractical.

c) When the utilities are being installed for a temporary time not to exceed one year.

The decision of the City Council as to whether to grant a waiver is final.

SECTION 804.04 Existing Utilities:

Subd. 1 Removal of Existing Utility Service: The City Council may, from time to time, call public hearings to ascertain whether the public necessity, convenience, health or safety requires the removal existing Utility Service from some designated areas of the City. For this purpose the City Clerk shall notify all affected property owners as shown in the last recorded tax roll of the City affected by such existing Utility Service by mail of the time and place of such hearings at least 30 days prior to the date thereof.

Subd. 2 Underground Utility District: If, after such hearing, the Council finds that the public necessity, convenience, health or safety requires such removal, the Council shall by Ordinance declare such an area as an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time which such Existing Utility Service shall be removed and within which affected property owners must be ready to receive underground service. The Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, material and equipment for such removal and for installation of such underground facilities as may be occasioned thereby.

Subd. 3 Notice of Requirements: After a hearing as described above and an ordinance amending this ordinance has become effective the City Council shall cause to be delivered to all affected persons notice of the requirements of said ordinance.

Subd. 4 Special Assessments: Payment for the removal of existing Utility Service and installation of underground service shall be by special assessment against each benefited property.

SECTION 804.05 Unlawful Construction:

From and after the effective date of this ordinance it shall be unlawful for any person to erect, construct, use or maintain any Utility Service contrary to the provisions of this ordinance.

SECTION 804.06 Penalty:

Violation of any provision of this ordinance shall be a misdemeanor.

CHAPTER 902 Hours of Operation

No construction, repair work, maintenance, or any other labor of any kind pursuant to any building permit which produces sound that is audible at the property line of any adjoining parcel of property shall be conducted:

(a) before 7:00 am. on Monday through Saturday;

(b) before 9:00 a.m. on Sunday;

(c) after 8:00 p.m. on Monday through Saturday; or

(d) after 5:00 p.m. on Sunday.

Violation of this ordinance shall be punishable as a misdemeanor, subject to a fine, or imprisonment, or both, but in any case including the costs of prosecution thereof. Each separate violation and each day a violation persists shall constitute a separate offense.

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SECTION 1001.11  Licenses, Permits, Fees, Surcharges:

Subd. 1 Application, Administration and Enforcement: The application, administration, and enforcement of the Minnesota State Building Code in the City shall be in accordance with Minnesota Statutes Chapter 16B and Minnesota Rules Chapters 1300 and 1305. The City Council, pursuant to Minnesota Statutes 16B.65, shall appoint a Building Official who shall attend to all aspects of Building Code administration. For purposes of this section, the Administrative Authority is the Building Official of the City. Organization of the City's Building Department shall be as established by Chapter 1 of the 1994 Uniform Building Code, as amended by Minnesota Rules. The Minnesota State Building Code shall be enforced within the incorporated limits of the City and within the exterritorial limits permitted by Minnesota Statutes §16B.62. A copy of the State Building Code shall be kept available for public use in the office of the Building Inspector.

Subd. 2 Licensed Activities: Except as otherwise provided in this Code, it is unlawful for any person to perform any work subject to the provisions of the Building Code unless he is currently licensed to do so under the applicable provisions of this Code or State Law.

Subd. 3. Permits, Inspections, and Fees: Unless otherwise modified by Council resolution, the permits shall be issued and the inspections shall be conducted as provided for in Minnesota Statutes §16B.62, Chapter 1 of the 1994 UBC, Minnesota Rules 1305.0106 and 1305.0107. Unless otherwise modified by Council resolution, the permit fees shall be as provided in Table 1A of the 1997 Uniform Building Code. It is unlawful for any person to perform work subject to the Building Code for which a permit is required without having obtained such permit and having paid the fees required.

Subd. 4. Surcharges: In addition to the permit fee required under Section 4 above, the applicant for a building permit shall pay a surcharge to be remitted to the Minnesota Department of Administration as prescribed by Minnesota Statutes §16B.70.

A violation of this chapter shall be a misdemeanor.

SECTION 1001.13 Certificate of Occupancy:

No building or structure of Groups A, E, I, H, B, R-3 or R, Division 1 occupancy shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a certificate of occupancy therefore. No certificate of occupancy, including a temporary certificate of occupancy, shall be issued by the Building Official until all the exterior parts of the structure or building, including but not limited to the roof, doors, siding, attached decks, stairs, and windows are completed; further such exterior parts of the structure of building must be completed no later than one (1) year after issuance of the building permit. (Ord. 1992-0, 4/8/92)(Ord. 1995-04, 10/3/95)

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void, if the building work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days time. Before such work can be recommenced, a new permit shall be first obtained so to do, and the fee therefore shall be one-half the original fee which was charged before commencement of any portion of the work. (Ord. 1992-0, 4/8/92) (Ord. 1995-04, 10/3/95) (Ord. 1999-01, 2/2/99)

Chapter 1003 Building Permits

A building permit shall be required for construction, alteration, moving, demolition, repair or use of any building or structure within the City if (i) the Minnesota State Building Code applies to such construction, alteration, moving, demolition, repair or use and (ii) the value of the property is enhanced by One Thousand Dollars ($1,000.00) or more, or the cost to perform such construction, alternation, moving, demolition, repair or use is One Thousand Dollars ($1,000.00) or more.

Any violation of this ordinance whereby construction is commenced prior to the securing of a building permit shall be a misdemeanor and, upon conviction, shall be punished by a fine, or imprisonment, or both, but in each case including the costs of prosecution thereof.

CHAPTER 1102 Environmental Policy

The purpose of the Environmental Policy Ordinance of the City of Sunfish Lake Minnesota, is:

a) To declare a City policy that will encourage productive and enjoyable harmony between man and his environment.

b) To promote efforts that will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man.

c) To enrich the understanding of the ecological systems and natural resources important to the City of Sunfish Lake, to the State of Minnesota, and to the United States of America.

d) To develop policies inductive to orderly, progressive and profitable development taking into consideration the ecological factors affecting the City of Sunfish Lake.

e) To preserve the semi-rural low density residential character of the City by application of environmental policies.

Where there is potential for significant environmental affects or where deemed necessary by the City Council resulting from any governmental action or from any private action, such action shall be preceded by a detailed statement submitted to the City Council and prepared by the responsible person, covering but not limited to the environmental impact of the proposed action, including any pollution, impairment or destruction of the air, water, land or other natural resources located within the City.

The City Council of Sunfish Lake hereby finds and determines that hazardous conditions may now or in the future, exist within the city limits of the City of Sunfish Lake with respect to disease or insect infestations, or other factors resulting in the death or weakening of all or major parts of individual trees. These conditions will adversely affect the health and welfare of Sunfish Lake.

The City of Sunfish Lake has determined that trees within the municipal limits are currently or may in the future be subject to hazardous conditions resulting from insect infestation or disease; storm or mechanical damage; or other biotic or abiotic agents. It has further determined that such hazardous conditions resulting in the spread of disease or insect infestation, or in the potential danger of windfall (or other breakage) of significant, weakened or dead standing tree material situated in the vicinity of common property boundaries or travel lanes, would substantially depreciate the value of property within the City and impair the safety, good order, general welfare, and convenience of the public. The health of oak trees within the municipal limits is specifically threatened by a fatal disease commonly known as Oak Wilt, caused by infection of the fungus Ceratocystis fagacearum. It is declared to be the intention of the City Council to control and prevent the spread of any disease or insect infestation, and to control the potential danger posed by significant, weakened or dead standing tree material falling across common property boundaries or onto common travel lanes. This Ordinance is enacted for such purpose.

The position of City Forester is hereby created and the powers and duties of such office are hereby conferred upon the City Forester by the City Council of Sunfish Lake, Minnesota. Such powers and duties of the City Forester shall be designated from time to time by the Mayor with the concurrence of the City Council.

It is the duty of the City Forester to coordinate, under the direction and control of the City Council, all activities of the City related to the control and prevention of tree disease or insect infestation, and the potential danger posed by significant, weakened or dead standing tree material, from any cause, situated in the vicinity of common property boundaries or travel lanes. The City Forester shall recommend to the City Council the details of a program for the control of said conditions and perform the duties incident to such a program as adopted by the City Council.

Any tree within the City found to have Oak Wilt or other disease, insect infestation, or that poses a potential danger from significant, weakened or dead standing tree material falling across common property boundaries or onto common travel lanes, is declared to constitute a nuisance. It is unlawful for any person to permit any public nuisances as defined in this section to remain on any premises owned or controlled by him within the City of Sunfish Lake. Such nuisances shall be abated in the manner prescribed by this Ordinance.

Between April 15 and November 1 of each year, the Forester or his duly appointed agents shall maintain a continuous survey of the City to ascertain the location of trees infected with Oak Wilt or having other disease or insect infestation, or else posing potential danger from significant, weakened or dead standing tree material falling across common property boundaries or onto common travel lanes. Each affected tree shall be properly marked and its owner shall be notified of the existence of such affected trees pursuant to Section 1103.06. A monthly report shall be made to the City Council concerning ongoing survey and notification activities.

In addition to regular inspections, the City Forester shall, whenever he deems it necessary, conduct additional emergency inspections, report the results of such inspections to the City Council, and take such further action authorized by this Ordinance as he shall determine.

The City Forester and his duly authorized agents and inspectors shall have the right to enter upon private property, but excluding private dwellings, at any reasonable time for the purpose of carrying out the duties assigned to the City Forester under this Ordinance, including inspection, treatment, cutting, burning or removal of hazardous trees or conditions thereof.

Subd. 1 Notices Following Inspection: Between April 15 and November 1 of each year, the City Forester shall notify each owner of real estate within the City upon whose property diseased, infested, or otherwise hazardous trees have been located, of the existence of such trees. Said notice shall contain the survey information with respect to the subject trees upon the property and shall further advise that, in accordance with Paragraph 2 of this section, the owner is required to remove and properly dispose of said trees within twenty (20) days of the date notice was given. Such notices shall be personally delivered by the City Forester or his agents, or else sent by certified mail with return receipt requested to the last known address of said owner. Said notice shall be deemed sufficient upon mailing.

The notices required to be sent under the provisions of this Ordinance shall be sent to the occupant of the premises upon which the subject trees are located, if those premises are occupied, and to the owner of such premises, if such owner has an address different from the subject premises and such address is disclosed by the records of the Dakota County Auditor. Reasonable inquiry by the City Forester or his agent shall be sufficient to meet this requirement, and telephone inquiry of the office of the Dakota County Auditor shall be deemed reasonable inquiry for the purpose of ascertaining such addresses. If the subject premises are unoccupied, then mailing to the address of the owner as shown by the records of the Dakota County Auditor shall be deemed sufficient.

Subd. 2. Correction of Hazardous Tree Conditions: An owner of real estate in the City who is thus notified of the existence on his property of trees diseased with Oak Wilt or having other disease or insect infestation, or else posing potential danger from significant, weakened or dead standing tree material falling across common property boundaries or onto common travel lanes, as provided in Paragraph 1 of this section 1103.06, shall within twenty (20) days of the initial notification date, remove or direct the removal of all such hazardous conditions and dispose of all associated material thereof in a manner satisfactory to the City Forester, so as to insure elimination of the hazard.

All oak trees within the City diagnosed as having Oak Wilt shall be isolated from neighboring healthy trees of the same species by chemical or mechanical disruption of common root grafts, to prevent the root graft transmission of the Oak Wilt fungus. The City Forester shall have the authority to determine the adequacy of such disruption activities.

To control the overland spread of Oak Wilt, pruning or other wounding of oaks shall be avoided during the most susceptible period from April 15, to July 1. If wounding is unavoidable during this period, as in the aftermath of a storm or when the tree interferes with utility lines, an asphalt-based tree wound dressing shall be applied.

Trees of the Red Oak group diagnosed as having Oak Wilt may be girdled as directed by City Forester, as soon as they are detected in order to speed drying and reduce spore production. Girdling shall be done only in areas where a resulting weakened tree will not constitute a hazard to life and/or property should it fall. Trees included in this group are commonly known as Red Oak; Pin Oak; Scarlet Oak; Black Oak; and Northern Pin Oak.

To prevent Oak Wilt fungus spore production and control of overland spread of this disease, any diseased material of the Red Oak group desired for use as fuel wood or to be salvaged for other purposes, must be debarked or else completely covered by heavy plastic (4 mil or greater) for a period of time as indicated by the City Forester.

Any diseased branch or other material of the Red Oak group not to be salvaged, shall be disposed of by burning, chipping, or removal to an authorized dump site. The City Forester shall advise accordingly. The City Council may issue burning permits on a case by case basis.

Stumps of trees of the Red Oak group removed due to Oak Wilt shall be completely covered, removed, or debarked to the ground-line to eliminate all possibilities of spore formation and overland disease spread.

Trees of the White Oak group (e.g., White Oak, Burr Oak, Swamp or Bicolor White Oak) which are diagnosed as having Oak Wilt shall be isolated by root graft disruption, as previously stated. Diseased material originating from such trees will not support spore formation and salvaged material therefore will not require special treatment to control overland disease spread. Standing trees of this group showing symptoms of minor Oak Wilt infection may have such infection successfully removed by selective pruning. The City Forester will advise accordingly. (Ord. 1988-2, 1/9/89)

Subd. 1 Following Regular Inspection: Upon receipt and approval of the report of the City Forester, required by Section 1103.05 hereof, the City Council shall by resolution, order the nuisances abated, but such abatement shall be postponed until after the 20 working day time limit from date of notice, given to the property owner. This period of time will be deemed sufficient for the property owner to take the necessary measures to abate the nuisances as provided in the previous Section. In the event the owner fails or refuses to abate the nuisances as so required, the City Forester, upon appropriate resolution of the City Council, after said 20 working day time limit, shall abate the nuisances of any remaining hazardous trees by having them properly pruned, treated or cut down and removed at the owner's expense. (Ord. 1988-2, 1/9/89)

Subd 2 Following Emergency Inspection: If after any emergency inspection as authorized by the provisions of this Ordinance, the City Forester finds that the danger of infection or infestation of other trees from a diseased or insect infested tree or trees is imminent, or if there is immediate danger of significant, weakened or dead standing tree material falling across common property boundaries or onto common travel lanes, he shall notify the property owner by certified mail or personal contact of the existence of the nuisance and shall further notify the property owner that the nuisance must be abated within a specified time, not less than five (5) days from date of such personal contact or the mailing of such notice. Such other and additional notice may be given the property owner as appears reasonable and prudent to the City Forester under the circumstances then existing. The City Forester shall immediately report such action to the City Council, and after expiration of the time set forth in the written notice and upon approval of the City Council, he may abate the nuisances by having the diseased or insect infested trees properly pruned, treated, or cut down and removed at the owner's expense.

Subd. 3 Request for Laboratory Testing of Diseased Tree Material: Any owner of real estate in the City who receives any notice as provided herein, may request the City Forester to obtain a laboratory test of one or more of such trees. Such request shall be made to the City Forester within five (5) days after the date of said notice. Upon receipt of such request, the City Forester shall promptly engage the services of a qualified laboratory to make such tests. If the test confirms the original analysis that the tree is diseased, notice of such results shall be sent to the owner by the City Forester as provided in Paragraph 2 hereof, and the owner shall remove such tree or trees within seven (7) days after the date of said notice.

Subd. 4 Assessment of Costs: The City Forester shall maintain a record of the cost of abatements performed under this Ordinance and shall report monthly to the City Council all work done for which assessments are to be made, stating and certifying therein the description of the land involved and the amount chargeable to each parcel. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for such abatement, plus a $75 administrative fee against each separate lot or parcel to which they are attributable. Such charges may then be spread by the City Council as a special assessment against the property involved pursuant to the provisions of Chapter 429 of Minnesota Statutes, and said assessments certified to the County Auditor as provided by law. (Ord. 1988-2, 1/9/89)

It is unlawful for any person to prevent, delay or interfere with the City Forester or his agents while they are engaged in the performance of duties imposed by this Ordinance.

Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine, or imprisonment or both, but in either case including the costs of prosecution thereof. Each seven (7) day period, or any part thereof, following the original time limit given to abate any nuisance pursuant to Section 1103.07, during which any person, firm or corporation allows a diseased, insect infested, or otherwise hazardous tree (that has been marked as such during the annual survey) to remain on his property, shall constitute a separate violation hereunder.

If any section, paragraph, clause or provision of this Ordinance shall be declared by court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole or any other part thereof.

Notwithstanding anything to the contrary contained in this Ordinance, the City Forester shall not be required or authorized to inspect or direct the removal of uninfested major dead, or otherwise weakened, standing tree material located along property boundaries or private travel lanes provided, however, that the Council may by resolution authorize the City Forester to make such inspections or removal.

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CHAPTER 1106 Damage or Destruction of Trees and Shrubs on City Property

It shall be unlawful for any person to intentionally damage, cut, carve, or otherwise alter any tree or shrub; to transplant, or remove any tree or shrub; attach any rope, wire, nails, advertising poster, or other contrivance to any tree or shrub; allow any gaseous, liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them or their root systems; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on any property owned or controlled by the City of Sunfish Lake or to direct or authorize such activity or circumstance, without prior written authorization from the City Forester (as defined in Section 1103.03 of the City Code) or the City Council.

Subd. 1 Violation:. Violation of this ordinance shall be a misdemeanor, and any person convicted of a violation shall be punished by a fine, or imprisonment, or both, but in either case including the costs of prosecution thereof.

Subd. 2 Payment of Costs: In addition, any person who violates this ordinance shall be required to pay all costs of replacing the trees or shrubs so affected (refer to Section 1106.01), including but not limited to, all labor and equipment costs and the cost of replacement trees or shrubs, on an inch per basal or stump diameter inch basis, of species and quality such a determined by the City Forester or City Council. (Ord. 1988-1, 1/9/89)

CHAPTER 1107 Water Use Permit

SECTION 1107.01 Purpose and Intent: This ordinance is adopted for the purpose of and with the intent to:

Conserve and protect the natural resources of any lake, stream, wetland or pond;

Regulate alteration of such natural resources so as to protect ecological balance;

Control development in a manner that will be in harmony with the ecological systems.

SECTION 1107.02 Permit Required: Unless a water use permit is first obtained from the City Council, none of the following shall occur with respect to any lake, stream, wetland or natural or man-made pond:

Dredging

Filling

Draining

Alteration of shoreline, banks or stream channel

Deposition of effluent of any kind or quality

Pumping

Extraction of water

Direct discharge of storm water by man-made devices; alteration of the natural storm water drainage routes

Alteration, diversion or accumulation of natural drainage

Any action that may affect the level or quality of any lake, stream, wetland or natural or man-made pond

Establishing or constructing any ponds.

No pumping devices of any kind, whether activated or inactive, shall be placed in or shall remain in any body of water unless a water use permit has been issued and is in effect.

SECTION 1107.03 Interim Use: The uses set forth in Section 1107.02 above shall be deemed "interim use" under Minnesota Statute 462.3597. The application procedure for obtaining such an interim use permit shall be the same as required for a special use permit and public hearings on the granting of such interim use permit shall be held in the manner provided in Minnesota Statute 4621.357, subdivision 3. (Ord. 1989-9, 9/11/89) (Ord. 1998-08, 11/03/98)