City Code (cont.)
__________
*State law
reference(s)--Criminal
Code, M.S.A. ch. 609.
__________
Except
as otherwise provided in this chapter, every person who violates a section,
subsection or provision of this chapter when he performs an act thereby
prohibited or declared unlawful or who fails to act when such failure is thereby
prohibited or declared unlawful or who performs an act prohibited or declared
unlawful or who fails to act when such failure is prohibited or declared
unlawful by a code adopted by reference by this chapter, upon conviction, shall
be punished as for a misdemeanor in accordance with section 1-13.
(Code
1980, § 10.99)
(a)
For the purposes of this section, property of the city, the port
authority and the housing and redevelopment authority shall include any real
property owned or leased or under control of the city and any and all personal
or moveable property or equipment owned, leased or under control of the city.
(b)
The city council establishes a reward fund which is to be administered by
the city and funded by general revenues of the city.
(c)
The reward funds shall be in the standing amount of $500.00 unless larger
amounts are set from time to time by the city council for specific incidents.
(d)
Claims against the fund shall be made as follows:
(1)
No public employee of the city or any law enforcement officer of the
city, county, state or federal government shall be qualified or permitted to
receive monies from this fund.
(2)
The claimant against such a fund shall provide information to the chief
of police in a form and in a procedure as authorized and established by the
chief of police, and if such information as supplied to the chief of police
leads to the apprehension and conviction of an individual or person that has
damaged or destroyed property of the city, the port authority and the housing
and redevelopment authority, such reward, upon approval by the city council and
upon recommendation by the chief of police, shall be paid to the person giving
such information. Payment shall be made either in cash form or by check.
(3)
Any person giving such information shall have his identity protected, and
such person's name shall not be made available to any person, agency or
governmental authority unless specifically ordered to do so by court action.
(Code
1980, § 10.24)
It
is unlawful for any person to consume or possess in an unsealed container beer,
wine or liquor, as those terms are defined in chapter 6, on any street or other
public property except as licensed or signposted by the council. This section
shall not apply to the possession of an unsealed container in a motor vehicle on
streets or public property when the container is kept in the trunk of such
vehicle if it is equipped with a trunk, or kept in some other area of the
vehicle not normally occupied by the driver or passengers, if the motor vehicle
is not equipped with a trunk. For the purpose of this section, a utility or
glove compartment shall be deemed to be within the area occupied by the driver
or passengers.
(Code
1980, § 10.12)
Cross
references: Alcoholic
beverages, ch. 6.
(a)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
City
parking lot means any
parking lot used by the city or by others under contract with the city for
either public or restricted off-street vehicular parking purposes.
Loitering
includes:
(1)
Obstruction of free and unhampered passage of pedestrians or vehicles;
(2)
Interfering with any person lawfully on the premises by obstructing
passage; or
(3)
Refusing to move on when so requested by a peace officer when such peace
officer reasonably makes such request to preserve or promote public peace and
order.
Lounge
means to sit or lie down in any place not upon a chair, bench, seat or other
place provided for sitting or lying down or to sit or lie down in any place on
public property provided for waiting when the person so sitting or lying down is
not legitimately waiting for the person or service for which such place is
provided.
(b)
Unlawful assembly in parking lot.
(1)
Generally. Between the hours of 12:00 a.m. and 6:00 a.m., no
person unless authorized by a city permit shall assemble with one or more other
persons on a city parking lot, except that it shall not be a violation of this
section to lawfully park a vehicle in a city parking lot and leave the lot
without delay, or go upon a city parking lot and without delay proceed to a
lawfully parked vehicle and then leave.
(2)
Penalty. Any person violating any provision of this subsection
shall be fined as follows:
a.
Upon the first offense such person is guilty of a petty misdemeanor and
shall be punished by a fine not to exceed $100.00.
b.
Upon any subsequent offense within 12 months of a prior conviction of
this subsection, such person is guilty of a misdemeanor and shall be punished by
a sentence of not more than 90 days and/or a fine of not more than $700.00.
(c)
Unlawful acts.
(1)
It is unlawful for any person to loiter or lounge upon public property,
except in parks.
(2)
It is unlawful for any person to sleep upon streets or public property,
unless such person is in a vehicle.
(Code
1980, § 10.21; Ord. No. 446, 2d, § 1, 9-9-96)
Secs.
38-5--38-30. Reserved.
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*State
law references: Damage or
trespass to property, M.S.A. §§ 609.556--609.621.
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It
is unlawful for any person to paint, letter or color any street, sidewalk or
curb and gutter for advertising purposes or to paint or color any street,
sidewalk or curb and gutter for any purpose, except as may be done by city
employees acting within the course and scope of their employment. However, this
section shall not apply to uniformly colored concrete or other surfacing or
uniformly painted house numbers, as such coloring may be approved by the city.
(Code
1980, § 7.16)
Cross
references: Streets and
sidewalks, ch. 50.
It
is unlawful for any person to catch or attempt to catch fish from or under any
bridge where such prohibition is clearly signposted. Violation of this section
is a petty misdemeanor punishable, upon conviction, in accordance with section
1-13.
(Code
1980, § 7.18)
Cross
references: Docks, §
42-31 et seq.
Secs.
38-33--38-60. Reserved.
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*State
law references: Crimes
against public safety and health, M.S.A. § 609.66 et seq.
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(a)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Fireworks
means any substance or combination of substances or article prepared for the
purpose of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation and includes blank cartridges, toy cannons, and toy
canes in which explosives are used, the type of balloons which require fire
underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles,
dago bombs, sparklers or other fireworks of like construction and any fireworks
containing any explosive or inflammable compound or any tablet or other device
containing any explosive substance and commonly used as fireworks. The term
"fireworks" shall not include toy pistols, toy guns in which paper
caps containing 25/100 grains or
less of explosive compound are used and toy pistol caps which contain less than
20/100 grains of explosive mixture.
The
term also does not include wire or wood sparkers of not more than 100 grams of
mixture per item, other sparkling items which are non-explosive and non-aerial
and contain 75 grams or less of chemical mixture per tube or a total of 200
grams or less for multiple tubes, snakes and flow works, smoke devices, or trick
noisemakers which include paper streamers, party poppers, string poppers,
snappers, and drop pops, each consisting of not more than
25/100 grains of explosive mixture. The use of items listed in this
subsection is not permitted on public property. This subsection does not
authorize the purchase of items listed in it by persons younger than 18 years of
age. The age of a purchaser of items listed in this subsection must be verified
by photographic identification.
State
law references: Similar
definition, M.S.A. § 624.20.
(b)
Acts prohibited. It is unlawful for any person to:
(1)
Recklessly handle or use a gun or other dangerous weapon or explosive so
as to endanger the safety of another;
(2)
Intentionally point a gun of any kind, capable of injuring or killing a
human being and whether loaded or unloaded, at or toward another;
(3)
Manufacture or sell for any unlawful purpose any weapon known as a
slingshot or sand club;
(4)
Furnish a person under 18 years of age with a firearm, airgun, blowgun,
ammunition or explosive without the written consent of his parent or guardian or
of the chief of police;
(5)
Manufacture, transfer or possess metal knuckles or a switchblade knife
opening automatically;
(6)
Possess any other dangerous article or substance for the purpose of being
used unlawfully as a weapon against another;
(7)
Sell or have in his possession any device designed to silence or muffle
the discharge of a firearm;
(8)
Permit, as a parent or guardian, any child under 14 years of age to
handle or use, outside of the parent's or guardian's presence, a firearm or
airgun of any kind or any ammunition or explosive; or
(9)
Furnish a person under 18 years of age with a firearm, airgun, ammunition
or explosive without the written consent of his parent or guardian or of the
police department.
(c)
Exception to subsection (b). Nothing in subsection (b) of this
section shall prohibit the possession of the articles therein mentioned if the
purpose of such possession is for public exhibition by museums or collectors of
art.
(d)
Discharge of firearms. It is unlawful for any person to fire or
discharge any cannon, gun, pistol or other firearm, airgun, air rifle or other
similar device commonly referred to as a B-B gun, except as may be authorized by
the chief of police.
(e)
Exception. Nothing in this section shall apply to a display of
fireworks by an organization or group of organizations authorized in writing by
the fire chief or to a peace officer in the discharge of his duty or to a person
in the lawful defense of his person or family or to public displays by the city
pursuant to M.S.A. § 624.22. This subsection shall not apply to the discharge
of firearms in a range authorized in writing by the chief of police.
(f)
Possession and sale of fireworks. It is unlawful for any person
under the age of 18 years to sell or purchase fireworks except as allowed in
subsection 38-61(a).
(g)
Exposure of unused containers. It is unlawful for any person,
being the owner or in possession or control of an unused refrigerator, icebox or
other container, to permit the unused refrigerator, icebox or other container
that is sufficiently large to retain any child and with doors which fasten
automatically when closed to expose the container accessible to children,
without removing the doors, lids, hinges or latches.
(h)
Use of bow and arrow. It is unlawful for any person to shoot a bow
and arrow, crossbow or blowgun, except in the physical education program in a
school supervised by a member of its faculty, a community-wide supervised class
or event specifically authorized by the chief of police or on an archery range
authorized by the chief of police.
(i)
License required. It is unlawful for any person to engage in the
work of fireworks sales without a license from the city. No license shall be
issued until the applicant has filed with the city clerk a policy or certificate
of public liability insurance for coverage concurrent with the license term with
the currently required limits.
(Code
1980, § 10.03; Ord. No. 53, 3d, § 2, 5-28-02)
(a)
It is unlawful for any person to park any unlicensed, unregistered or
inoperable motor vehicle or any vehicle which is not considered road worthy or
street legal on any public or private property, unless housed within a lawfully
erected building. However, the person residing on the premises may store his
partially dismantled automobile during actual repair for a period not to exceed
two weeks.
(b)
It is unlawful for any property owner or occupant to allow assimilation
of hazardous materials, equipment or appliances on property owned or occupied by
such person. It is unlawful for any person to permit to be stored on private
property any hazardous chemical, insecticides or poisons unless such person
takes specific steps and makes provision to adequately prevent ready access to
such.
(c)
It is unlawful for any person to store materials such as lumber,
merchandise, machinery, miscellaneous parts, disabled household appliances,
recyclables or salvage goods on private property, except as may be normal to the
legal use of the property in question, unless housed within a lawfully erected
building. However, building materials stored during actual building operations
or salvage materials during actual remodeling, wrecking or demolition operations
shall not be a violation of this section.
(d)
Any violation of this section is declared to be a nuisance. Upon seven
days' written notice to the owner of private premises on which such material is
found, as shown by the records in the office of the county auditor, the city may
remove the material and certify the cost of such removal as any other special
assessment.
(Code
1980, § 10.14; Ord. No. 28, 3d, § 2, 5-10-99)
Cross
references: Buildings and
building regulations, ch. 18.
(a)
It is unlawful for any person owning or in control of real estate to have
any pit, basement, well, septic tank, cesspool or other excavation on the
premises open and without protection for the public.
(b)
If such excavation is open for 72 hours or less, it shall be protected by
use of flares or lights at night and a railing or other temporary protection
during the day.
(c)
If it shall be permanently installed, it shall be protected night and day
with a chainlink fence at least 48 inches high.
(Code
1980, § 10.18)
Cross
references: Buildings and
building regulations, ch. 18.
State
law references: Dangerous
excavations, M.S.A. § 471.92.
Secs.
38-64--38-95. Reserved.
It
is unlawful for any person to:
(1)
Keep a disorderly house or place of public resort, whereby the peace,
comfort or decency of a neighborhood is habitually disturbed;
(2)
Being the owner or in control of any premises who, after notice,
continues to permit the premises to be used as provided in subsection (1) of
this section. Notice shall be given by the city attorney; or
(3)
Make, continue or cause to be made or continued any unnecessary and
unusual noise which annoys, injures or endangers the comfort, repose, health or
safety of others unless the making and continuing of the noise shall be
necessary for the protection or preservation of property or of the health,
safety, life or limb of some person.
(Code
1980, § 10.09)
Cross
references: Buildings and
building regulations, ch. 18.
State
law references: Public
nuisances, M.S.A. § 617.80.
Secs.
38-97--38-130. Reserved.
__________
*State
law references: Crimes
against the administration of justice, M.S.A. §§ 609.48--609.515.
__________
It
is unlawful for any person to inform a law officer that a crime or ordinance
violation has been committed, knowing that such information is false and
intending that the officer shall act in reliance upon such information.
(Code
1980, § 10.08)
Secs.
38-132--38-160. Reserved.
(a)
Hours for persons under 16 years of age. Between the hours of
11:00 p.m. and 5:00 a.m. of the following day, it is unlawful for any minor
person under the age of 16 years to be in or upon the public streets, alleys,
parks, playgrounds or other public grounds, public places and public buildings;
places of amusement and entertainment; vacant lots or other unsupervised places;
or any private premises, other than upon where such person's usual place of
residence is located, without the knowledge, consent and approval of the owner
or person in charge of or responsible for the private property.
(b)
Hours for persons 16 and 17 years of age. Between the hours of
12:00 midnight and 5:00 a.m. of the following day, it is unlawful for any minor
person under the age of 18 years and over 15 years of age to be in or upon the
public streets, alleys, parks, playgrounds or other public grounds, public
places and public buildings; places of amusement and entertainment; vacant lots
or other unsupervised places; or any private premises, other than upon where
such person's usual place of residence is located, without the knowledge,
consent and approval of the owner or person in charge of or responsible for the
private property.
(c)
Exceptions. Such curfew shall not apply to any minor who is:
(1)
Accompanied by such minor's parent, guardian or other adult person having
the care or custody of the minor.
(2)
Lawfully engaged in a legitimate business trade, occupation or other
employment or when returning home on a direct route within one-half hour of the
completion of such employment.
(3)
Upon an emergency errand directed by the minor's parent, guardian or
other adult person having the care and custody of the minor.
(4)
Traveling interstate.
(5)
Lawfully attending, going to or returning from any school, church or
community-sponsored athletic, musical or social activities or events.
(d)
Penalties. Any minor in violation of subsection (a) or (b) of this
section shall be ordered to go home immediately. In addition the law enforcement
officer at the scene may issue to the minor a citation for the violation or may
refer the matter to the appropriate prosecuting authority. Any such minor who is
convicted of a violation of this section is guilty of a petty misdemeanor and
shall be punished in accordance with section 1-13.
(Code
1980, § 10.06)
(a)
Definitions. As used in this section, the following terms have the
meanings given:
Methamphetamine
precursor drug means a
drug or product containing as its sole active ingredient ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or
salts or optical isomers.
Over-the-counter
sale means a retail sale
of a drug or product but does not include the sale of a drug or product pursuant
to the terms of a valid prescription.
(b)
Prohibited conduct.
(1)
No person may sell in a single over-the-counter sale more than two
packages of a methamphetamine precursor drug or a combination of methamphetamine
precursor drugs.
(2)
Over-the-counter sales of methamphetamine precursor drugs are limited to:
a.
Packages containing not more than a total of three grams of one or more
methamphetamine precursor drugs, calculated in terms of ephedrine base,
pseudoephedrine base, and phenylpropanolamine base; or
b.
For nonliquid products, sales in blister packs, where each blister
contains not more than two dosage units, or, if the use of blister packs is not
technically feasible, sales in unit dose packets or pouches.
(3)
A business establishment that offers for sale methamphetamine precursor
drugs shall ensure that all packages of the drugs are displayed and offered for
sale only:
a.
Behind a checkout counter where the public is not permitted;
b.
Inside a locked display case; or
c.
Within six feet of an unobstructed view of an attended checkout counter.
(4)
No person may sell in an over-the-counter sale a methamphetamine
precursor drug to a person under the age of 18 years. It is an affirmative
defense to a charge under this subsection if the defendant proves by a
preponderance of the evidence that the defendant reasonably and in good faith
relied on proof of age as described in M.S.A. § 340A.503, subd. 6.
(Ord.
No. 90, 3d, § 1 (subds. 1, 2), 3-14-05)
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*Cross
references: Amusements and
entertainments, ch. 10; public sites and open spaces in subdivisions, § 54-128.
State
law references: Parks and
parkways, M.S.A. § 430.01 et seq.
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(a)
Traffic. It is unlawful for any person to drive a motorized
vehicle, except an electrically propelled wheelchair, in any park, playground,
public school ground, recreational street or other public thoroughfare therein.
However, this subsection shall not apply to construction or maintenance
equipment operated by or under a contract with the city and within the scope of
such operation or contract or recreation vehicles where permitted.
(b)
Additional rules and regulations. The council may, by resolution,
adopt additional restrictions on traffic, together with rules and regulations
for the use of public parks, public school grounds, playgrounds, recreational
areas or athletic fields as they apply, and it is unlawful for any person to
violate the restrictions, rules and regulations.
(c)
Park hours. No person shall be present within or about the limits
of any park or square after 10:30 p.m. and before 5:00 a.m. of any day.
(d)
Penalty. Violation of this section is a petty misdemeanor
punishable, upon conviction, in accordance with section 1-13.
(Code
1980, § 10.13)
Secs.
42-2--42-30. Reserved.
__________
*Cross
references: Buildings and
building regulations, ch. 18; fishing from bridges, § 38-32.
State
law references: Authority
over public waters, M.S.A. § 459.20.
__________
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Dock
means any wharf, pier or other structure, whether floating or not, constructed
or maintained in the lake. For the purposes of this article, all structures,
including without limitation light fixtures, tables, stairs, railings, buoys or
floats, constructed or placed at or on a dock space shall be considered a dock.
Permanent
dock means any dock which
is not a seasonal dock.
Seasonal
dock means a dock so
designed and constructed in order that it may be removed on a seasonal basis.
All components must be capable of seasonal removal by nonmechanized tools and
equipment.
(Code
1980, § 10.19, subd. 1)
Cross
references: Definitions
generally, § 1-2.
It
is unlawful for any person to build or place any dock, structure, buoy or
obstruction upon, in or over the water of
(Code
1980, § 10.19, subd. 2)
This
article shall not apply to city docks constructed under supervision of proper
city authority to serve the city's public functions.
(Code
1980, § 10.19, subd. 6)
(a)
The council shall determine on which areas of the street right-of-way and
public property docks will be permitted. When an area is so designated as
suitable for docks, the city manager shall have such areas marked off by
permanent stakes with an identifying number. There shall not be more than one
dock for each 50 feet of shoreline. A seasonal dock permit may be issued for a
location at each of these permanent stakes and within ten feet along the
shoreline from each such stake.
(b)
Seasonal dock permit applications will be accepted beginning March 15 of
each year. A property owner and resident across the street from the lakeshore
shall be given first choice of the dock location at any marked location opposite
the home, provided the application by such owner is submitted or renewed between
March 15 and April 1, inclusive, of the year for which the permit is sought.
Once such dock location has been selected by the owner, it will be assigned to
that property owner until failure to renew on the assigned dates. If the
property owner or resident desires to change the dock space to another marked
location opposite the owner's or resident's property, the owner must make
application on or after April 16 during the open application time. If the
property on the lakeshore is sold, the dock permit issued for the year to the
former owner will be available to the new owner or resident. April 2 through
April 15, inclusive, shall be set aside for obtaining seasonal dock permits by
those who have had a seasonal dock permit in the previous year for any location
and provided that such dock permit has not yet been applied for by a property
owner across the street from that dock location. On April 16 and thereafter,
other applicants will be granted any remaining dock locations in the order in
which their applications are filed. Only one permit shall be issued per
household.
(c)
Application and renewal for a seasonal dock permit shall be filed with
the city clerk and shall be accompanied by the currently required fee set by
resolution of the council and proof of insurance or insurance binder. The permit
holder must at all times during the period of the permit maintain in force
liability insurance in the currently required minimum amount. The permit holder
must notify the city immediately if the insurance is cancelled or lapses for any
reason. Failure to maintain such insurance shall result in automatic revocation
of the permit.
(d)
The city clerk shall give a copy of this article to each person who makes
application for such a permit. The city clerk shall issue each permit, except
that the city clerk shall not issue a permit for any dock space:
(1)
If the person who the previous year held the dock permit for that dock
space was found guilty in a court of law of violating this article. The city
attorney shall notify the city clerk of any dock space for which the permit
holder was found guilty of violating this article.
(2)
If the city manager has designated to the city clerk that the seasonal
dock permit for that dock space should be obtained from the council.
(e)
The council may issue a seasonal dock permit for any dock space for which
the city clerk cannot issue a seasonal dock permit. In deciding whether to issue
a seasonal dock permit to any individual, the council shall consider all
relevant factors, including violations of this article. The council may add to
any permit any conditions which the council deems helpful in ensuring that the
permittee complies with this article.
(f)
A seasonal dock permit shall expire on October 15 of each year.
(Code
1980, § 10.19, subd. 3(A)--(E))
Conformance
with the following is a condition of the individual use and enjoyment of a dock
space:
(1)
Picnicking on the dock or dock space, late-night activity at the dock or
dock space which disturbs the neighborhood, boisterousness at the dock or dock
space, failure to keep the lakeshore adjacent to the permittee's dock or buoy
free of litter and debris and mowed, operating a business operation from or on a
dock space, the rental of a dock space or dock by a permittee or any other
person is prohibited.
(2)
Seasonal dock permits shall not be transferable.
(3)
The permittee shall be responsible for the removal from the lake, the
lakeshore, the public property or the property under the public control any
dock, buoy, structure or other obstruction upon the termination of his annual
permit on October 15 of each year or upon the revocation of his permit. Failure
of the permittee to do so within ten days shall constitute abandonment of the
permittee's property rights in the property. The city manager is authorized to
remove any such property which is deemed abandoned according to the terms of
this subsection. The city manager is authorized to take the steps necessary to
collect the costs of removal from the permittee. The owner may reclaim the
property removed by exhibiting satisfactory proof of ownership and paying the
city any removal, storage and maintenance costs incurred by it in regard to the
reclaimed property. If the property remains unclaimed in the possession of the
city for 60 days, the property shall be sold by the city manager at public
auction after two weeks' published notice setting forth the time and place of
the sale and the property to be sold. The proceeds from the sale less the costs
of storage and the proportionate costs of published notice and other costs of
sale shall be applied to any amount the permittee owes the city for the removal
of the property. The proceeds of the sale shall be placed in the general fund of
the city. If the former owner makes application and furnishes satisfactory proof
of ownership within six months after the sale of his property, he shall be paid
the proceeds from the sale of his property less the costs of removal, storage
and the proportionate part of the cost of the published notice and other costs
of sale.
(4)
No dock, buoy, stairs or structure shall be permitted which is hazardous,
unsightly, a nuisance, improperly maintained, deteriorated or poorly constructed
or which affects the health, safety and general welfare of the public in its use
and enjoyment of Fountain Lake and the access thereto. All such docks, buoys,
stairs or structures shall be constructed in a workmanlike manner, shall be
maintained in good repair and shall be in compliance with all standards of the
uniform building code. For a violation of this subsection, the permittee will be
given written notice to comply within ten days. If the permittee fails to comply
within that period, the city may take action to remove the dock, buoy, stairs or
structure which is not in compliance. All such costs of removal and storage
shall be assessed to the permittee.
(5)
No signs other than those specifically allowed in this article shall be
displayed at any dock space or on any dock.
(6)
With each permit for a dock, a number shall be issued and assigned to the
permittee, and it shall be the responsibility of the permittee to attach the
number in a prominent place therein.
(7)
An owner of property which abuts on a public road or right-of-way
adjacent to a lake may construct stairs and retaining walls on such public road
or right-of-way between the lot and the public road or right-of-way. Such
structures shall be constructed in a workmanlike manner, shall be subject to the
standards in the building code and the housing code, shall not restrict the use
of the roadway, and shall be maintained as such. If the structure is not so
constructed or maintained, the owner may be requested by written notice to
remove or repair the structure to ensure compliance. Failure to comply within a
reasonable period of time shall allow the city to raze or repair the structure,
and the costs to be assessed to the property owner. The city shall be held
harmless from any liability.
(Code
1980, § 10.19, subd. 3(F))
(a)
Permanent dock permit applications will be accepted between March 1 and
March 14, inclusive, of the year for which the permit is sought.
(b)
All regulations and conditions which apply to permits for seasonal docks
shall apply to permanent docks, except that any part of a dock which is
permanent need not be removed by October 15 of each year if the council has not
revoked the permittee's dock permit.
(c)
If the owner of the permanent dock does not obtain the dock permit for
the dock space at which the permanent dock is located, the permanent dock must
be removed by April 16 of the first year in which the owner of the dock fails to
obtain the permit for the dock space at which the dock is located.
(d)
If the owner of the permanent dock sells his property across from the
location of the permanent dock, the permanent dock must be removed by the
seller.
(e)
No permittee under this section shall expand, improve or make additions
of any nature to a permanent boat dock; provided, however, that a permittee may
make such repairs as may from time to time be necessary to maintain minimum
safety standards.
(f)
A permanent dock permit shall permit a permittee to build or place a
seasonal dock in or over the water of Fountain Lake from or on the area
designated in the permit. This same permit, in conjunction with a building
permit, shall entitle the permittee to build or construct permanent stairs from
the public right-of-way to the shoreline. In order to obtain the necessary
building permit, all plans and specifications for the stairs must first be
approved by the city. All stairs or other permanent structures installed prior
to the effective date of the ordinance from which this section derives must be
inspected and approved by the city prior to the issuance of a dock permit.
(g)
Permanent docks shall be recorded in the office of the city clerk in the
same manner as a proposed or pending assessment.
(Code
1980, § 10.19, subd. 4)
A
permit issued under this article may be revoked by the council at any time for
violation of this article. Unless the violation is found by the council to be
willful, flagrant or a matter of immediate hazard, a notice shall be given at
least 12 days prior to the next regular council meeting by registered mail to
the permittee at his address as given on his application, which notice shall
provide that the permittee appear before the council at the meeting with
reference to his permit.
(Code
1980, § 10.19, subd. 5)
No
person to whom a permit has been issued under this article shall have a vested
right to such a permit or to a renewal thereof.
(Code
1980, § 10.19, subd. 7)