HomeMy WebLinkAbout6.m. Summary of Ordinance XII.21 Updating the Penalty Clause in the City Code _ _ _
CITY OF ROSEMOUNT
, • EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: February 1, 2005
AGENDA ITEM: Summary of Ordinance XI1.21 Updating AGENDA SECTION:
the Penal#y Clause in the City Code Consent
PREPARED BY: Linda Jentink, City Clerk AGENDA NO.
ATTACHMENTS: Ordinance XI1.22 Summary Amending APPROVED BY:
the City Code Providing for a Uniform
Penalt for Ordinance Violations;
RECOMMENDED ACTION: Motion to approve an Ordinance Summa'ry for Ordinance
XI1.21 Amending the City Code Proving for a Uniform Penalty for Ordinance Violations.
ACTION: '
ISSUE
Ordinance publication is required to place an approved ordinance into effect.
BACKGROUND
The City Council approved Ordinance XI1.21 on June 15, 2004, updating the City Code to
the current State Statutes penalty for a misdemeanor. This changed all the penalty clauses
in the Code to refer to one general penalty clause in Title 1 so that in the future, this single
clause can be amended without changing 39 other references.
A summary was not submitted at the time of the ordinance approval and staff would like to
finalize the publication of the public notice and update the codification of the City Code.
City Attorney Mary Tietjen from Kennedy & Graven did�#he review af the approved
ordinance. The definition was presen#ed as follows: {The word "misdemeanor" shalt mean
a crime for which a sentence of not more than ninety (90) days or a fine of not more than
one-thousand dollars ($1,000), or both, may be imposed.} Most of the City Code
references denoted a $500 or$700 fine.
SUMMARY
Staff would recommend approval of this summary ordinance for the penalty clauses in the
Rosemount City Code book to be published in the Rosemount Town Pages as soon as
possible. The codification of the City Code will also be updated to reflect these changes.
CITY OF ROSEMOUNT
� � STATE OF MINNESOTA
ORDINANCE NO.XII.22
AN ORDINANCE SUMMARY for ORDINANCE XIL21
AMENDING THE CITY CODE PROVIDING FOR A UNIFORM
PENALTY FOR ORDINANCE VIOLATIONS
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. The following definition in Rosemount City Code, Title 1, Chapter 3, Section 2, is
amended as follows:
MISDEMEANOR The word "misdemeanor" shall mean a crime for which a sentence of not
more than ninety (90) days or a fine of not more than one=thousand €r�e
�e�dollars�$1,000.00){-$3�89:-A8}, or both,rnaybe imposed.
Section 2. Title 1, Chapter 4, Section 1, is amended as follows:
1-4-1 GENERAL PENALTY:. Any person convicted of a violation of any section or
provision of this City Code, where no other penalty is set forth, shall be �uiltv of a misdemeanor
and punished by a fine not to exceed r��ra� '",rar�a a^"^r� �Q�nn.nni one-thousand dollars
$1 000.00 for any one offense, or by imprisorunent in the City ar County jail for a period of not
more than ninety(90) days, or by both such fine and imprisonment.
Section 3.Through Section 39.
Sections 3. through Section 39. apply to all other references regarding penalties and misdemeanors
in the Rosemount City Code Book. Contact the City Clerk to review any penalty sections prior to
the codification of this ordinance.
Section 40. This Ordinance shall be effective immediately upon its passage and publication.
Adopted by the City Council of the City of Rosemount,Minnesota this 15th day of June,2004.
Williarn Droste,Mayor
ATTEST:
Linda Jentink, City Clerk
Published this day of , 2005 in the Rosemount Town Pages.
MDT-248798v1
RS215-1
CITY OF ROSEMOUNT `
STATE OF MINNESOTA ' .
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY CODE
PROVIDING FOR A UNIFORM
PENALTY FOR ORDINANCE VIOLATIONS
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. The following definition in Rosemount City Code, Title l, Chapter 3, Section 2, is
amended as follows:
MISDEMEANOR The word "misdemeanor" shall mean a crime for which a sentence of not
more than ninety (90) days or a fine of not more than one-thousand €�e
��dollars ($1,000.00){�89:�88}, or both, may be imposed.
Section 2. Title l, Chapter 4, Section 1, is amended as follows:
1—A-1 GENERAL PENALTY: Any person convicted of a violation of any section ar �,
provision of this City Code, where no other penalty is set forth, shall be guilt�of a misdemeanor
and punished by a fine not to exceed ��.� � a�?'.�:� �Q�nn nm one-thousand dollars
�w. .,.,.....,
�$1,000.00) for any one offense, or by imprisonment in the City or County jail for a period of not
more than ninety(90) days, or by both such fine and imprisonment.
Section 3. Title 3, Chapter 2A, Section 2 (B) is amended as follows:
B. Any person who shall violate any provisions of this chapter shall be deemed guilty
of a misdemeanor and shall be punished as described in Title 1, Chapter 4 of this
Code • ,
+t- * 'i � * ��, + �nm a,,.,� ,- t, ��. � �, �� � t,
� � i > > � �
a � i +� �, » t,e ,. �;,�o,-oa ., ���u« :,��a��.
�r �o
., -- �--------- =--- - - ---- .
Section 4. Title 3, Chapter 2B, Section 7 (C) is amended as follows:
C. Penalty: Any person who violates or fails to comply with any provisions of this
article shall be guilty of a misdemeanor and upon conviction thereof shall be
punished as described in Title 1 Chapter 4 of this Code'�� � �„���:.�� -`� �"�
�
. ,
ao,,,.,,.oa
���
Section 5. Title 3, Chapter 2C, Section 5 is amended as follows:
3-2C-5 VIOLATIONS, PENALTY: Every person who commits or attempts to commit,
conspires to commit, or aids or abets in the commission of, any act constituting a violation of this
Article, whether individually or in connection with one or more other persons or as principal
MDT-248798v1
RS215-1
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: JUNE 15, 2004
AGENDA fTEM: AMEND CITY CODE FOR AGENDA SECTION:
PENALTY CLAUSE CONSENT
PREPARED BY: LINDA JENTINK, CITY CLERK AGE
. �
APPROVED BY:
ATTACHMENTS: ORDI NANCE
,
RECOMMENDED ACTION: MOTION to approve AN ORDINANCE AMENDING THE CITY
CODE PROVIDING FOR A UNIFORM PENALTY FOR ORDINANCE VIOLATIONS.
ACTtON:
ISSUE
Update the City Code to State standards for misdemeanor penalties.
BACKGROUND
The Rosemount City Code was reviewed and all penalty clauses were identified. City
Attorney LeFevere recommended Attorney Mary Tietjen to review the information and draft
an ordinance to amend the City Code.
SUMMARY
The definition of misdemeanor is updated to comply with state allowed maximums. The
penalty is a sentence of not more than 90 days and a fine of not more than one-thousand
dollars. The City Code had amounts of$500 and $700 listed in several places. These
references will be removed and replaced with a reference to the General Penalty Section 1-4-
1 of the Rosemount City Code. When the State makes a change in the future only two
sections of the Code will have to be amended, rather than thirty-nine.
Ordinance
, agent, or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently,
forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any of
the provisions of this Article is likewise guilty of a misdemeanor; and upon conviction thereof,
shall be punished as described in Title 1. Chapter 4 of this Code '��� � '�r� ��':;,� ,�,Vr� *-���-�.�
e��. ' � ,
Section 6. Title 3, Chapter 3A, Section 3 (B) is amended as follows:
B. Penalty: Any person who shall violate any provision af this Article shall be guilty
of a misdemeanor and upon conviction thereof shall be punished as described in
Title l, Chapter 4 of this Code ��� *a�,-e�f��,� '� a a a "
L�SAA(1(11 n�hv in t, + �' t+ a * lc�rl� .7
11. 1V1 SI
Section 7. Title 3, Chapter 5, Section 15 is amended as follows:
3-5-15 PENALTY: Any person who violates any provision of this Chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as described in Title 1, Chapter 4 of
, � llll.s Code o�—n--117�£�11F1�EZ1F�f�(�lYl�—C '4. .-1 � .a rl 11 .a �W�vv vIl\ L. a F � � �
� � 7 . p . � � � . .
Section 8. Title 3,Chapter 7, Section 6 is amended as follows:
3-7-6 PENALTY: Any person violating any provision of this Chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as described in Title 1 Chapter 4 of
this Code ; �� ���, o_��,., o k,,.,aro,a a » iQ�nn nm - -+ +
. . r
, . Prior violations of
this Chapter shall also be grounds, in the discretion of the Council, for refusal to approve a
premises permit. Additionally, violation of this Chapter shall be reported to the Minnesota
Charitable Gambling Board and a recommendation shall be made for suspension, revocation ar
cancellation or an organization's license.
Section 9. Title 4, Chapter lA, Section 6 (B) is amer�ded as follows:
B. Penalty: Any person who shall violate any of the provisions of this Article shall be
guilty of a misdemeanor and upon conviction thereof shall be punished as
described in Title 1, Chapter 4 of this Code '��� � ��� ��* *� � � a �" � a a
�A��,�F,-���Snc� c�n� nr h + ' +1, !� t '1 4' ,7 + � .t
� . \ / J N lll 111 111V VVCi3I . . � .
. . . . �1lS � � . - � .. .
Section 10. Title 4, Chapter 2, Section 5 is amended as follows:
4-2-5 VIOLATION, PENAI.TY: Any person violating any of the provisions of this
Chapter shall be deemed guilty of a separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this Chapter is committed, continued or
permitted, and upon conviction of any such violation such person shall be punishable as described
in Title l, Chapter 4 of this Code . �
atxl�Tis'�nx.nr.u�tt fnr + +1, + !�l11 ,-]., ,-1..,t-, *t-, l-, � ,�t �
r ,yr�i ��
2
Ordinance
Section 11. Title 4, Chapter 3, Section 18 is amended as follows: � •
4-3-18 VIOLATIONS/PENAI.TIES: Any person who shall violate any provision of this
Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished
as described in Title 1 Chapter 4 of this Code
. , •
Section 12. Title 4, Chapter 4, Section 4 is amended as follows:
4^-4--4 PENALTY: Any person who violates Section 4-4-1-1 of this Chapter shall be
guilty of a misdemeanor and punished as described in Title 1 Chapter 4 of this Code.
Section 13. Title 4, Chapter 5, Section 8 is amended as follows:
4--5-8 PENALTY: Any person violating any provision of this Chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as described in Title l, Chapter 4 of
this Code - * -- ��, +�, ,�, � �ao o,,,.W�.e,a ,. .,., .
� Y���� �
Section 14. Title 5, Chapter 2, Section 5 is amended as follows:
5-2-5 HINDRANCE OF CITY EMPLOYEES: Any person who shall hinder a City
employee or agent in carrying out the requirements of this Chapter shall be guilty of a
misdemeanor and punished as described in Title 1 Chapter 4 of this Code.
Section 15. Title 6, Chapter l, Section 6 (A) is amended as follows:
A. PENALTIES: Any person who shall violate any of the provisions of this Code
hereby adopted or fail to comply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no appeal has been taken,
or who shall fail to comply with such an order as affirmed or modi#'ied by the Fire
Chief, or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation an noncompliance respectively, be
guilty of a misdemeanor, punishable as described in Title 1 Chapter 4 of this Code
a , r�m a . ..�...�,�+�, �� �. �' a r r*. The imposition of
. . . . . J . � >'n, , i'" . . . .
one penalty for any violation shall not excuse the violation or permit it to continue.
All such persons shall be required to correct or remedy such violations or defects
within a reasonable time. When not otherwise specified, each ten (10) days that
prohibited conditions are maintained shall constitute a separate offense.
Section 16. Title 6, Chapter 3, Section 4 is amended.as follows:
6-3-4 PENALTY: Any person who shall fail to comply with any order given under the
terms of this Chapter, or who shall in any way violate any of the provisions or requirements of this
Chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as
described in Title 1 Cha_pter 4 of this Code •
„ i, + � ++„ o� „ of.z mm a., ,.�,,,�t,
.,.,.u.. . .,_ ...,. .., - ------------� .- -� ---�"', -
3
Ordinance
Section 17. Title 7, Chapter 1 (N) is amended as follows:
N. Participating in any party or assembly of two (2) or more people from which noise
emanates of a sufficient volume or of such nature to disturb the peace, quiet or
repose of another person or persons.
Disorderly conduct is hereby proYubited and anyone doing any of the above acts shall be guilty of
a misdemeanor and shall upon conviction thereof be punished as described in Title 1,Chapter 4 of
this Code
, .
Section 18. Title 7, Chapter l, Section 2 (D) is amended as follows:
D. Penalty: Any person who violates any of the provisions of this Section is�guilty of
a misdemeanor and upon conviction thereof may be punished as described in Title
1, Chapter 4 of this Code
, .
Section 19. Title 7, Chapter l, Section 3 (B) is amended as follows:
B. Every person who knowingly sends or causes to be sent, or brings or causes to be
brought, into this City for sale or distribution, or in this City prepares, pu�ilishes,
prints, exhibits, distributes or offers to distribute, or has in his possession with '
intent to distribute or to exhibit or offer to distribute, any obscene matter, is guilty
of a misdemeanor and upon conviction thereof shall be punished as described in
Title l, Chapter 4 of this Code �n �* * a � � a a � *�
� ., -
f$�98-�8}-e�-i���,����-e���r� *�-'�-r�`' ,. .�, a Such
violation shall be grounds for revocation or suspension of any and all licenses held
at such premises.
Section 20. Title 7, Chapter 1, Section 4 (E) is amended as follows:
E. Penalty: Whoever violates any provision of this Section shall be guilty of a
misdemeanor and may be punished as described in Title 1 Chapter 4 of this Code
�tr�r�a�ri tn in � t' ,,,,� ,,, o �t..,,,., .. ..�.. /nn� a..-•- - - r--- -r
. . � � . 1./ 1111V11 - - - � .
• , , Such violation shall be
grounds farrevocation or suspension of any and all licenses held at such premises.
Section 21. Title 7, Chapter 1, Section 5 (E) is amended as follows:
E. Penalty: Every person who violates a section, subsection, paragraph, or provision
of this Chapter when they perform 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 described in Title 1, Chapter 4 of this
Code £� � m��a�-�-��------, except as otherwise stated in specific provisions hereof.
4
Ordinance
Section 22. Title 7, Chapter 3, Section 5 is amended as follows: � •
7-3-5 PENALTIES: Any person who violates Section 7-3-3 of this Chapter is guilty of
a misdemeanor and may be punished as described in Title 1 Chapter 4 of this Cade. �
Section 23. Title 7, Chapter 4A, Section 8 is amended as follows:
7-4A-8 PENALTIES: Any person(s) who shall violate the terms or provisions of this '
Chapter shall be guilty of a misdemeanor and upon convietion shall be punishable as described in
Title 1 Chapter 4 of this Code •
+ � * +�,.,,, „ o+.._rnm ,a .,;i ,-�,�tih
� � . � �
Section 24. Title 7, Chapter 7, Section 3 is amended as follows:
7-7-3 UNLAWFUL CONDUCT REGARDING CREATION OF GRAFFITI AND
POSSESSION OF GRAFFITI MATERIALS: _
A. It shall be unlawful for any person to intentionally place graffiti on any surface of the
interior surfaces of those parts of buildings accessible to the general public located on
public or private property except with the permission of the person in lawful ownership
or possession of such property and according with the requirements of the City's sign
ordinance. A person who violates this Section shall be guilty of a misdemeanor and
subject to the penal�described in Title 1 Chapter 4 of�this Code.
B. It shall be unlawful for any person to possess graffiti materials with the intent to place
graffiti on any surface or the interior surfaces of those parts of buildings accessible to
the general public located on public or private property. A person who violates this
Section shall be guilty of a misdemeanor and sub�ject to the�enaltv described in Title l,
Chapter 4 of this Code.
Section 25. Title 7, Chapter 7, Section 5 (A) is amended as follows:
A. It shall be unlawful for the owner of any property to allow graffiti to be placed on
any surface or the interior surfaces of those parts of buildings accessible to the
general public on the owner's property. A person who violates this Section shall be
guilty of a misdemeanor and subiect to the penalty described in Title 1 Chat�ter 4
of this Code. �
Section 26. Title 7, Chapter 7, Section 5 (B) is amended as follows:
B. It shall be unlawful for the owner of any property to allow the graffiti to remain
without making reasonable attempts to remove the graffiti within thirty (30) days.
A person wha violates this Section shall be guilty of a misdemeanor and subject to
the�enaltv described in Title 1 Ch�ter 4 of this Code.
_ 5
a � Ordinance
� Section 27. Title 7, Chapter 7, Section 12 is amended as follows:
7-7-12 PENALTY: Any person who violates any provision of this Chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as described in Title 1 Chapter 4 of'
this Code
, ,
Section 28. Title 7, Chapter$, Section 6 is amended as follows:
�—g--6 CRIMINAL PENALTIES: Any alarm user that violat�s any part of this Chapter
or knowingly fails to obtain an alarm user ermit shall be '
P guilty of a misdemeanor, and upon
conviction thereof, shall be punishable as provided in Title 1 Chapter 4 of this Code��.
Section 29. Title 8, Chapter l, Section 3 is amended as follows:
8-1-3 PENALTY: Any violation of the statute adopted by reference herein is a violation
of this chapter when it occurs within the city. Any person thus violating any provision of this
chapter shall be guilty of a misdemeanor and shall be punished as described in Title 1 Chauter 4
of this Code
, . If a minimum fine or
imprisonment is prescribed by the state highway traffic act for an offense, such penalty shall apply
to a person convicted of the same offense under this chapter.
Section 30. Title 8, Chapter 3, Section 5 is amended as follows:
8-3-5 PENALTIES: Any violation of the Statute adopted byreference in this Chapter is
a violation of this Chapter when it occurs within the City. Any person thus violating any
provision of this Chapter shall be guilty of a misdemeanor and shall be punished as described in
Title 1, Chapter 4 of this Code
� .
Section 31. Title 8, Chapter 4,Section 4 is amended as follows: '
g--�---4 PENALTIES: The owner and operator of any rnotor vehicle operated in violation
of this Chapter shall be guilty of a misdemeanor and shall be punished as described in Title 1
Chapter 4 of this Code
,
Section 32, Title 9, Chapter l, Section 4 (B) is amended as follows:
B• Penalties: Persons found to be in violation of any provisions of this Chapter shall
be deemed guilty of a misdemeanor offense and punished as described in Title 1
Chapter 4 of this Code � + �� � + .• �„� „
• • ~���� , . Each
day during which a violation of the building code is committed, continued or
permitted, constitutes a separate offense.
6
Ordinance �
Section 33. Title 9, Chapter 2, Section 3 (B) is amended as follows: � i
B. Penalties: Any person who shall refuse, neglect or fail to comply with any
requirement of this Chapter or who shall fail to comply with any order issued under
this Chapter is guilty of a misdemeanor offense. Violators shall be:punished as
,a 'tl, Tif;.,,,o� +h C+.,�„�o�
described in Title 1 Chapter 4 of this Code ' _ _---- v�-�s
� *' ���.�''. Each day of violation shall constitute a separate offense and shall
be punished accordingly.
Section 34. Title 9, Chapter 3, Section 9 is amended as follows:
9-3-9 PENALTY: Any person who shall violate any of the provisions of this Chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as described in
Title 1 Chapter 4 of this Code ' ' '+ T�' * c*�+„�c +• �n� n� Each act of
violation or each day a violation occurs or continues shall constitute a separate offense.
Section 35. Title 9, Chapter 4, Section 10 (6) is amended as follows:
6: ,Penalty: Any person in violation of any of the provisions in this Chapter shall be guilty
a.,,,,.�-.;�,
of a misdemeanor and�,aunished as described in Title 1, Chapter 4 of this Code ' �
m�u + �+ + + , +��r ��n . Each day on which such violation continues shall constitute a
separate offense.
Section 36. Title 9, Chapter 5, Sectian 4 (B) is amended as follows:
B. Penalties: Persons found to be in violation of any provision of this Chapter shall be
deemed guilty of a misdemeanor offense and punished as described in Title l,
Ch�ter 4 of this Code ' ' '+- "'�� + c*"�"�" � . Each
«�
day during which a violation of this Chapter is committed, continued, or permitted,
constitutes a separate offense.
Section 37. Title 9, Chapter 6,Seetion 14 is amended as follows:
9-6--14 PENALTY: Violation of this Chapter shall be a misdemeanor and punished as
described in Title 1 Chat�ter 4 of this Code. Presentation to the City of any false or intentionally
misleading statements, certificates or applications by the owner ar by the certified pumpers,
designers, or installers of the ISTS shall also be a misdemeanor and subiect to the penaltv
described in Title l Chapter 4 of this Code. A separate offense shall be deemed committed each
day during or upon which a violation occurs or continues.
Section 38. Title 9, Chapter 7, Section 4 (B) is amended as follows:
B. Penalties: Every person who violates any provision of this Chapter shall be
deemed guilty of a misdemeanor offense and uunished as described in Title 11
Chapter 4 of this Code ��� � � '
Each act of violation ar each day a violation occurs or continues shall constitute a
separate offense.
7
� Ordinance
` Section 39. Title 10, Chapter l, Section 14 (A) is amended as follows:
A• PENALTY: Violation of any provision of this Chapter is a misdemeanar and i
subiect to the enaltv as desc,;l�ed in Title 1 Chapter 4 of this Code. S
--�
Section 40. This Ordinance shall be effective immediately upon its passage and ublication.
P
Adopted by the City Council of the City of Rosemount, Minnesota this
> 2004. day of
William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published this day of , 2004 in the Rosemount Town Pa es.
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8