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codification ordinance and in conflict with this ordinance or with any of the provisions of this ordinance, are hereby repealed; provided, that in construing the provisions of this ordinance the following ordinances shall not be considered or held to be ordinances of a general or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 Such ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this general codification ordinance for the purpose of all rights,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)

TABLE OF CONTENTS

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.)