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Chapter 2 Administration, Organization and General Government

SECTION 2.10. ADMINISTRATIVE CODE. To more clearly define the authority and responsibilities of all officers, both elective and appointive and employees, to provide for the proper coordination and control of activities, and to create proper lines of communication within the organization of the administration service of the City, there is hereby established an ADMINISTRATIVE Code for the City of Tracy.

Subd 1. DEFINITIONS.

(A) Mayor - The Mayor shall preside at meetings of the Tracy City Council (hereinafter "Council"), vote as a member of the Council and hold all powers and duties of a Councilperson in addition to the powers and duties of Mayor. The Mayor shall be recognized as head of the City government for all ceremonial purposes, by the courts for the purpose of servicing civil process, and by the governor for purposes of martial law. The Mayor shall sign all ordinances, contracts and written orders for payment of claims which have been authorized and/or allowed by Council. At the first regular meeting in January, the Mayor, with Council approval, shall appoint the following officers, who shall hold office for a term of one (1) year, and until his/her successor is appointed and has qualified, or is removed: the City Clerk; the Deputy City Clerk; the City Attorney; and any other officer deemed necessary.

(B) Councilperson - Councilpersons shall participate in Council meetings. Councilperson's duties shall be performed, without exception, by the Council as a whole. Councilpersons, as individuals, shall have no administrative authority including any right to conduct City affairs and business with private individuals, corporations, political subdivisions or state and federal agencies. The Council, acting as a body, shall supervise administrative appointive officers and exercise City powers authorized by the City Charter and statute including but not limited to: The Council shall have the authority to pass resolutions, ordinances and otherwise establish public policy for the City. The Council shall provide for elections. The Council shall establish a general fund and have the power to disburse funds for City purposes. The Council shall pass and enforce an annual budget. The Council shall levy taxes, assess real property for improvements and services, issue bonds of indebtedness and borrow money, designate depositories and provide for a yearly audit of the City's accounts. The Council may acquire and sell real and personal property. The Council shall approve City purchases of both real and personal property, contracts for services and let bids for public improvements. The Council may grant and regulate franchises. The Council may establish and maintain hospitals and clinics. The Council shall appoint all employees of the City. The Council may make agreements for the joint exercise of powers. The Council and any officer formally authorized by the Council shall have the power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books and papers.

(C) City Clerk - City Administrator are synonymous and interchangeable. The duties of City Clerk - City Administrator shall be to serve, subject to the supervision of the Council, as chief administrative officer of the City with authority and responsibility to plan, control and direct the administration of City affairs on a daily basis including the sole responsibility to represent the City in all affairs and business with private individuals, corporations, political subdivisions or state and federal agencies and as further described in the job description on file in the City offices and which shall be in compliance with the City Charter and applicable state statutes.

(D) Deputy City Clerk - Deputy City Administrator are synonymous and interchangeable. The duties of Deputy City Clerk/Deputy City Administrator shall be as described in paragraph (C) for the City Clerk - City Administrator.

(E) Director of Public Works - The duties of Director of Public Works shall be the responsibility for planning, organizing and supervising and maintenance of streets, utilities, parks, cemetery and all other general services and as further described in the job description on file in the City offices.

(F) Chief of Police - The duties of the Chief of Police shall be the administrative, supervisory and professional responsibility to plan, coordinate and direct activities of the City Police Department and as further described by the Tracy Police Commission and applicable state statutes.

(G) Finance Director - The duties of Finance Director shall be the planning, implementing, developing and maintaining the City fiscal structure, providing fiscal impact data for borrowing and overseeing all motor vehicle, driver and DNR licensing and as further described job description on file in the City offices.

Subd 2. ESTABLISHMENT OF SERVICE BRANCHES. In order to provide the economic, efficient and orderly discharge of the duties and function of the public service, the following service branches are established:

(A) The General Service Branch shall consist of the Department of Administration, Finance, and Public Enterprises.

(B) The Public Safety Branch shall consist of the Fire Department, Police Department and Civil Defense Agency.

Subd 3. DUTIES. The head of each department shall perform all duties required of his office or position by laws, the City Charter, this Code and the Ordinances of the City and such other duties not in conflict therewith as may be requested by the City Council and/or the City Administrator. In addition, the heads of department shall:

(A) Coordinate with the City Administrator for the effective administration of their respective departments and all activities assigned thereto and to that end they shall have the power to establish work rules and to initiate disciplinary proceedings in accordance with established procedure.

(B) Keep informed as to the latest practices in their particular field and shall inaugurate such new practices as appear to be of benefit to the service and to the public.

(C) Submit reports of the activities of their departments to the City Council on quarterly basis in person and/or as requested.

(D) Establish and maintain a system of filing and indexing records.

(E) Be responsible for the proper maintenance of all City property and equipment used in their departments, and maintain up to date inventory.

(F) Cooperate with other heads of department, and upon the request of the City Administrator or the City Council, furnish any other department such service, labor and materials as

may be requisitioned by the head of such department.

(G) Be responsible for recommending to the City Administrator changes in Codes, ordinances, and internal departmental organization which will improve the operation of their departments.

(H) Be responsible for submitting an annual budget request to the City Administrator which will include proposed additions or deletions in staff, adjustment in salary schedules and additions to plant and equipment.

(I) Have responsibility for keeping the City Administrator advised as to the programs and policies of other governmental agencies which might affect the City's operations within the area of their responsibility.

(J) Recommend to the City Administrator the appointment, promotion, discipline, demotion, suspension, or removal of employees within their department.

(K) Have authority to hire, subject to the approval of the City Administrator, all "regular part-time" and "temporary" employees for their departments.

Subd 4. ADVISORY BOARDS AND COMMISSIONS. The City Council shall establish and maintain advisory boards and commissions including but not limited to the Hospital Board, Library Board, Airport Board, Community Education Board, Police Civil Service Commission, Planning Commission, Cable Commission, Multi-Purpose Senior Citizen Board and Joint Airport Zoning Board and any other Board or Commission as it shall deem necessary. The City Council shall further approve the Mayor's appointments of the City Clerk/Administrator, Director of Public Works, Finance Director, City Attorney, Assistant City Attorney, Fire Chief, Assistant Fire Chief, Fire Marshal, Weed Inspector, Building Inspector, City Assessor and City Forester and any other officer deemed necessary.

Subd 5. DELEGATION OF AUTHORITY. The City Council when delegating duties and functions to the respective positions, Boards and Commissions described herein shall be subject to applicable Minnesota Statutes.

SECTION 2.20. PERSONNEL HANDBOOK.

Subd 1. AUTHORITY. The City Council of Tracy, Minnesota is hereby granted the authority to establish a "City of Tracy Personnel Handbook" which shall set forth all policies, rules and regulations relating to all personnel employed by the City of Tracy.

Subd 2. AMENDMENT. The "City of Tracy Personnel Handbook" may be amended by resolution of the City Council.

SECTION 2.30. CODE OF ETHICS FOR CITY OFFICIALS AND EMPLOYEES.

Subd 1. DECLARATION OF POLICY. The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this Code is to establish ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the City and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the City. The provisions and purpose of this Code and such rules and regulations as may be established are hereby declared to be in the best interests of the City of Tracy.

Subd 2. RESPONSIBILITIES OF PUBLIC OFFICE. Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitutions of the State and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs shall be above reproach.

Subd 3. DEDICATED SERVICE. All officials and employees of the municipality shall be loyal to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees shall adhere to the rules of work and performance established as the standard for their positions by the appropriate authority.

Officials and employees shall not exceed their authority nor breach the law or ask others to do so, and they shall work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officials recognized confidentiality of their work.

Subd 4. FAIR AND EQUAL TREATMENT.

(A) Interest in Appointments. Canvassing of members of the Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the Council.

(B) Use of public property. No official or employee shall request or permit the use of City-owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.

(C) Obligations to Citizens. No official or employee shall grant any special considerations, treatment, or advantage to any citizen beyond that which is available to every other citizen.

Subd 5. CONFLICT OF INTEREST. No Councilperson, other official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have financial or other personal

interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest or would tend to impair his independence of judgment of action in the performance of his official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees.

(A) Incompatible Employment. No Councilperson or other official or employee shall engage in or accept private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair independence of judgment or action in the performance of his official duties.

(B) Disclosure of Confidential Information. No Councilperson or other official or employee shall without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall he use such information to advance the financial or other private interest of himself or others.

(C) Gifts and Favors. No Councilperson or other official or employee shall accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee (1) accept any gift, favor or thing of value that may tend to influence him in the discharge of his duties any improper favor, service, or thing of value.

(D) Representing Private Interests Before City Agencies or Courts. No Councilperson or other official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City. He shall not represent private interests in any action or proceeding against the interests of the City of in any litigation to which the City is a party.

A Councilperson may appear before City agencies on behalf of constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations. However, no Councilperson or other official or employee shall accept a retainer or compensation that is contingent upon a specific action by a City Agency.

(E) Contracts with the City. Any Councilperson or other official or employee who has a substantial or controlling financial interest in any business entity, transaction, or contract with the City, or in the sale of real state, material, supplies or services to the City shall make known to the proper authority such interest in any matter on which he may be called to act in his official capacity. He shall refrain from voting upon or otherwise participating in the transaction or the making of such contract or sale.

A Councilperson or other official or employee shall not be deemed interested in any contract or purchase or sale of land or other thing of value unless such contract or sale is approved, awarded, entered into, or authorized by him in his official capacity.

(F) Disclosure of Interest in Legislation. A Councilperson who has a financial or other private interest in any legislation shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest. This provision shall not apply if the Councilperson disqualifies himself from voting.

Any other official or employee who has a financial or other private interest, and who participates in discussion with or gives an official opinion to the Council, shall disclose on the records of the Council or other appropriate authority the nature and extent of such interest.

Subd 6. MUNICIPAL POLITICAL ACTIVITY. No appointive official or employee in the administrative service shall use the prestige of his position in behalf of any political party in municipal elections.

No appointive official or employee in the administrative service shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription, or contribution to any political party in municipal elections; nor shall he be a party to such solicitation by others. Such appointed official and employees shall not take an active part in political campaigns for candidates in municipal elections.

No official or employee, whether elected or appointed, shall promise an appointment to any municipal position as a reward for any political activity. This section should be interpreted as limiting contributions to a political on a state and/or national levels.

Subd 7. DISCLOSURE OF FINANCIAL INTERESTS.

(A) Not later than ninety (90) days after the date of this section, each elected official of the City of Tracy shall file, as a public record, in the office of the City Clerk, a statement containing the following:

(1) A list of the names of all business corporations, companies firms, or other business enterprises, partnerships, knowingly doing business with or in the City of Tracy:

With which he is connected as an employee, officer, owner, director, trustee, partner, adviser or consultant, or in which he has any continuing financial interest through a pension or retirement plan, shared income or otherwise, as a result of any current or prior employment or business or professional association, or in which he has any financial interest through the ownership of stocks, bonds or other securities.

(2) A list of his interests in real property located in Tracy other than property which he occupies as a personal residence.

(3) Each person who enters upon duty after the date of this section in an office or position as to which a statement is required by this section, shall file such a statement not less than thirty (30) days after the date of his entrance on duty.

(4) Within ninety (90) days after each anniversary date of an initial filing, each person who made an initial filing shall file a new statement giving the information called for above as of the time of the new statement.

(5) The interest of a spouse, minor child, or other member of his immediate household shall be considered to be an interest of a person required to file a statement by or pursuant to this section.

(6) This Section shall not be construed to require the filing of any information relating to any person's connection with, or interest in any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civic or political organization not conducted as a business enterprise and which is not engaged in the ownership or conduct of a business enterprise.

(7) The City Administrator shall inform each person who is required to file, of the time and place for filing. The City Administrator shall inform the Council whenever a person who is required to file a statement fails to do so.

Subd 8. APPLICABILITY OF CODE. When a Councilperson or other official or employee has doubt as to the applicability of a provision of the City Code to a particular situation, he/she shall apply to the authority on ethical conduct constituted for the implementation of this Code for an advisory opinion and be guided by that opinion when given. The Councilperson or other official or employee shall have the opportunity to present his/her interpretation of the facts at issue and of the applicable provision (s) of the Code before such advisory decision is made. This Code shall be operative in all instances covered by its provisions except when superseded by an applicable statutory or Charter provision and statutory or Charter action is mandatory or when the application of a statutory or provision is discretionary but determined to be more appropriate or desirable.

Subd 9. SANCTIONS. Violation of any provisions of the City Code shall raise conscientious questions for the Councilperson or other official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interests of the City. Violation may constitute a cause for suspension, removal from office or employment, or other disciplinary action.

CHAPTER 1

GENERAL PROVISIONS AND DEFINITIONS

SECTION 1.01. APPLICATION. The provisions of this Chapter shall be applicable to all the Chapters, Sections, Subdivisions, paragraphs, and provisions in the City Code and the City Code shall apply to all persons and property within the City of Tracy, Minnesota, and within such adjacent area as may be stated in specific provisions.

SECTION 1.02. DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purpose of every Chapter, Section, Subdivision, paragraph, and provisions of the City Code shall have the following meanings and inclusions:

Subd 1. The term "City" means the City of Tracy, Minnesota, acting by or through its duly authorized representatives.

Subd 2. The terms "Council" and "City Council" mean the City Council of the City of Tracy.

Subd 3. The term "City Clerk/Administrator" means the person duly appointed by the City Council and acting in such a capacity. The terms "City Clerk" and "City Recorder" shall be synonymous with the term "City Administrator."

Subd 4. The term "person" includes all firms, partnerships, associations, corporations and neutral persons.

Subd 5. The term "Sewer Inspector", "City Engineer", "Street Commissioner" and "Public Works Director" shall be synonymous with the term "Director of Public Works".

Subd 6. The term "misdemeanor" means a crime with a sentence or a fine as defined by applicable Minnesota Statutes.

Subd 7. The term "petty misdemeanor" means an offense, which does not constitute a crime, and with a sentence or a fine as defined by applicable Minnesota Statutes.

Subd 8. The term "conviction" means 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 9. The term "crime" means conduct which is prohibited by ordinance or statute and for which the actor may be sentenced to imprisonment or fine.

Subd 10. The term "ordinance" means an ordinance duly adopted by the City Council of Tracy, Minnesota.

Subd 11. The term "may" is permissive.

Subd 12. The term "shall" is mandatory.

SECTION 1.03. VIOLATION A MISDEMEANOR OR A PETTY MISDEMEANOR. Every person who violates a chapter, section, subdivision, paragraph or provisions of this City 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, or as for a petty misdemeanor, except as otherwise stated in specific provisions herein. Upon conviction for a crime, the actor may be convicted of either the crime charged if it is a misdemeanor, or a petty misdemeanor as an included offense necessarily proved if the misdemeanor charged were proved.

SECTION 1.04. PENALTIES FOR EACH OFFENSE. When a penalty or forfeiture is provided for the violation of a chapter, section, subdivision, paragraph or provisions of this City Code, such penalty or forfeiture shall be construed to be for each such violation.

SECTION 1.05. OTHERWISE UNLAWFUL. The City Code does not authorize an act or omission otherwise prohibited by law.

SECTION 1.06. SEVERABILITY. Every chapter, section, subdivision, paragraph or provision of the City Code shall be, and is hereby declared, severable from every other such chapter, section, subdivision, paragraph or provision and if any part or portion of any of them shall be held invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or provision.

SECTION 1.07. MEANINGS. As used in this City Code, words of the male gender shall include the female and neuter, and the singular shall include the plural and the plural shall include the singular.

SECTION 1.08. CITATION. This codification of the ordinances of the City of Tracy shall henceforth be known as the City Code and cited thus: "City Code", Sec._______."

SECTION 1.09. ADMINISTRATIVE PENALTIES

Subd 1. Administrative Offense Defined An administrative offense is a violation of the Tracy City Code or other law when one performs an act prohibited or fails to act when such failure is thereby prohibited, where the Code or legal provision involved is specified in Subd. 6 of this Section. Any person, partnership, corporation or other party or entity committing an administrative offense shall be subject to the penalty scheduled therefor as listed in Subd. 6 of this Section.

Subd. 2. Notice of Violation. Any officer of the Tracy Police Department or other person employed by the City with authority to enforce the Tracy City Code or legal provision involved, upon determining that an administrative offense has been committed, shall notify the violator or person responsible for the violation, in writing, of the violation. The notice given shall state the date and approximate time of the violation, the nature of the violation and the law involved, the name of the officer or official issuing the notice and the amount of the scheduled penalty therefor from Subd. 6 of this Section, including, where applicable, any charges or costs relating thereto. The notice shall specify the time period within which the penalty must be paid, a mailing address to which penalty payments may be mailed and a city office address and office hours to which a violator may appear in person to pay the penalty. The notice may be personally delivered or mailed.

Subd. 3. Payment of Penalties. Once notice of a violation has been given, the person responsible for the violation shall, within seven (7) days of the issuance of the notice, pay the specified penalty to the City. Payment shall be admission of the violation. When notice has been given by mail, three (3) additional days shall be added to the period within which payment must be made. When the last day to pay the penalty falls on a Saturday, Sunday or other day when the city hall offices of the City are closed, the date for payment of the penalty shall be extended to the next business day when such offices are open. All penalty payments received shall be deposited in the general fund of the City.

Subd. 4. Failure to Pay Penalty. If a penalty imposed as provided in this ordinance is not paid, a written report of the violation may be referred to the City Attorney for review and possible prosecution thereof as a code or criminal violation in District Court, or, in the case of a violation subject to issuance of a citation by a peace officer, an officer of the Tracy Police Department may issue an appropriate citation to bring the matter before the District Court.

Subd. 5 Court Action. Notwithstanding the provisions of other subdivisions of this Section 1.09, an officer or official investigating a possible violation of law, or having authority to enforce the law involved, may elect not to proceed under the provisions of this Section 1.09, but to instead refer the matter for criminal prosecution, or, in the case of a violation subject to issuance of a citation by a peace officer, an officer of the Tracy Police Department may issue an appropriate citation to bring the matter before the District Court.

Subd. 6. Schedule of Offenses and Penalties. The following schedule lists violations which may be treated as administrative offenses as defined in this Section 1.09, and specifies the administrative penalty for each such offense. The name of each violation stated in this schedule is intended to be descriptive only of the offense defined by the applicable Tracy City Code section or statute, and is not intended to limit or expand the defined offense.

ADMINISTRATIVE PENALTY SCHEDULE

VIOLATION TRACY CITY CODE PENALTY Building Permit, Fail to Obtain 3.10 Subd. 13

Work value less than $3,000 An amount in accordance

with the yearly rate set by

an annual resolution

Work value between $3,000 to $10,000 “ “

Work value over $10,000 “ “

(Violators will also be required to obtain and

pay for building permit and correct work, if

necessary, to comply with applicable building,

plumbing, electrical and/or other codes.)

Building Permit, False Statement in Application for 3.10 Subd. 10 “ “

(Violators will also be required to resubmit

application and correct work to meet requirements

of reissued permit.)

Building Permit, Work not in Accord with 3.10 Subd. 13 An amount in accordance

with the yearly rate set by

an annual resolution

(Violators will also be required to correct work,

if necessary, and pay any increased building

permit fee due.)

Sign, Unsafe or Unauthorized 3.10 Subd. 10 “ “

(Violators will also be required to correct,

rebuild or remove sign to come into compliance

with requirements.)

Fire Code, Failure to Obtain Required Permit 3.50 Subd. 4 “ “

Fuel Tank, Illegal 3.50 Subd. 4 “ “

Mobile Home, Illegal Parking/Usage 3.70 Subd. 4 or 5 “ “

Mobile Home Park, Illegal Storage At 3.70 Subd.16 T “ “

Mobile Home, Illegal Occupancy 3.70 Subd. 16 Q “ “

Mobile Home, Illegal 3.75 Subd. 13 “ “

(Violators will also be required to remove or

correct coach unit to meet applicable requirements)

Water or Sewer, Failure to Connect to After Order 4.10 Subd. 3 “ “

Street, Failure to Obtain Permit to Excavate 4.20 Subd. 1A “ “

Street, Failure to Restore Excavation Site 4.20 Subd. 1 C or D “ “

(Violators will also be required to restore site

or pay the costs of restoration)

Sewer, Illegal Connection to 4.30 Subds. 4, 5, 6 or 7 “ “

Sewer, Damage/Obstruction to 4.30 Subds. 8, 10, 11, 12, An Amount in

Accordance with

the yearly rate set

by an annual

resolution

(Violators will also be liable for costs of repair) 13 or 16

Sewer, Failure to Comply with Police Order 4.30 Subd. 18 “ “

Snow, Failure to Remove From Sidewalk After Notice 4.60 Subd. 2 “ “

(Violators will also be required to remove ice/snow

and/or pay costs of removal by City.)

Landfill, Deposit of Illegal Materials in 4.80 Subd. 1 “ “

(Violators will also be required to remove the

illegal deposit or pay the cost of removal.)

Park, Prohibited Activity in 4.70 Subd. 5 C, D or F “ "

(Violators will also be required to

pay for any damage done to park) 4.70 Subd. 5 A or J “ “

4.70 Subd. 5 B, E, G or L “ “

4.70 Subd. 5 I, (except

attempt or enter building) “ “

4.70 Subd. 5 I (attempt

or enter building) “ “

4.70 Subd. 5K “ “

Beer (3.2), Sell Without License 5.12 Subd. 2 “ “

Beer (3.2), Sell to Underage Person 5.12 Subd. 8C “ “

Beer (3.2), Underage Person Employed/Serving 5.12 Subd. 8D “ “

Beer (3.2), Illegal Gambling on Licensed Premises 5.12 Subd. 8E “ “

Beer (3.2), Illegal Consumption 5.12 Subd. 11F “ “

Beer (3.2), Illegal Sale/Display of Intoxicating Liquor 5.12 Subd. 8H “ “

Beer (3.2), Sale After Hours 5.12 Subd. 9 “ “

Beer (3.2), Underage Person in Possession/Consumption 5.12 Subd. 11 D or E “ “

Beer (3.2), Misrepresentation of Age to Purchase 5.12 Subd. 11A An amount in accordance

With the yearly rate set by

An annual resolution

Liquor, Sell Without License 5.14 Subd. 2A “ “

Liquor, Failure to Display License 5.14 Subd. 11B “ “

Liquor, Illegal Off-Sale 5.14 Subd. 11 D “ “

Liquor, Underage Person Employed 5.14 Subd. 11 G “ “

Liquor, Allow Illegal Gambling/Device 5.14 Subd. 11 H “ “

Liquor, Allow Prostitution 5.14 Subd. 11 I “ “

Liquor, Sell/Keep for Sale in Refilled Container 5.14 Subd. 11 L “ “

Liquor, Sale After Hours 5.14 Subd. 12 “ “

Liquor, Sell to Underage Person 5.14 Subd. 14 A “ “

Liquor, Misrepresentation of Age to Purchase 5.14 Subd. 14 B “ “

Liquor, Underage Person Entering Establishment to 5.14 Subd. 14 B “ “

Purchase

Liquor, Underage Person Consuming 5.14 Subd. 14 B “ “

Liquor, Underage Person Possessing 5.14 Subd. 14 C “ “

Liquor, Illegal Consumption in Motor Vehicle 5.14 Subd. 15 C “ “

Liquor, Illegal Sale by Club 5.16 Subd. 7F “ “

Liquor, Sale After Hours in Club 5.16 Subd. 8 “ “

Plumber, Engage As Without City License 5.30 Subd. 1 “ “

Plumber, Failure to Correct Work After Notice 5.30 Subd. 10 “ “

Transient Merchant, Engage As Without City License 5.32 Subd. 1A “ “

Transient Merchant, Violate No Peddlers Sign 5.32 Subd. 1D “ “

Second-Hand Dealer, No/Improper Register 5.34 Subd. 2 “ “

Junkyard, Illegal 5.36 Subd. 1 “ “

Junkyard, No/Improper Register 5.36 Subd. 11 “ “

Junk Car, Illegal 5.38 Subd. 2 An amount in accordance

With the yearly rate set by

an annual resolution

Exhibition, No License 5.40 Subd. 1 “ “

(Violators will also be required to obtain and

pay for license)

Dance, No License 5.42 Subd. 2 “ “

(Violators will also be required to obtain and

pay for license)

Tobacco – Penalties Set Forth in Ordinance, (Except for Minors)

Water, Illegal Use During Declared Shortage 6.10 Subd. 9 “ “

Water, Illegal Connection 6.10 Subd. 10 “ “

Water, Illegal Well 6.10 Subd. 11 “ “

(Violators will also be required to seal well.)

Water, Tamper With Hydrant 6.10 Subd. 17 “ “

Water, Tamper with Pipe or Fixture 6.10 Subd. 17 “ “

Water, Illegal Tap to Line 6.10 Subd. 18 “ “

Water, Tamper with Meter 6.10 Subd. 24 “ “

Water, Illegal Air Conditioner 6.10 Subd. 28 “ “

(Violators will also be required to remove air

conditioner)

Sewer, Illegal Discharge Into 6.16 Subd. 7 “ “

Sewer, Illegal Discharge Into Sanitary Sewer 6.18 Subd. 1 “ “

Garbage, Failure to Properly Dispose of 6.55 Subd. 3 “ “

Littering 6.55 Subd. 2 “ “

Exhibition Driving 7.12 Subd. 1 “ “

Building, Move Without Permit 7.24 Subd. 1 “ “

(Violators will also be required to obtain and

pay for permit)

Snowmobile, Operation in Prohibited Place 7.30 Subd. 2. “ “

Snowmobile, Operate After Hours 7.30 Subd. 6 D “ “

Snowmobile, Improper Operation 7.30 Subds. 3, 4, 5, 6,

7, 8, 9 or 11 An Amount in

Accordance with the

Yearly rate set by an

Annual resolution

Bicycle, Ride on Business District Sidewalk 7.40 Subd. 9 “ “

Bicycle, Illegal Pull By Vehicle 7.40 Subd. 5 “ “

Bicycle, Use Without Permission 7.40 Subd. 12 “ “

Bicycle, Unsafe Operation 7.40 Subd. 2, 3 or 4 “ “

Golf Cart, Operate Without License 7.50 Subd. 3 “ “

Golf Cart, Equipment Violation 7.50 Subd. 5 “ “

Elm Tree, Illegal Possession of Wood From 8.20 Subd. 4 “ “

(Violators will also be required to dispose of wood)

Elm Tree, Failure to Abate Nuisance 8.20 Subd. 4B “ “

Animal, No Dog/Cat License 8.30 Subd 3 A “ “

(Violators will also be required to obtain proper

license.)

Animal, No Permit 8.30 Subd. 4 “ “

(Violators will be required to obtain permit or

remove animal(s).)

Animal, Noise Violation 8.30 Subd. 2 C1 “ “

Animal, Keep in Unsanitary Condition 8.30 Subd. 2 C5 “ “

Animal, Illegal Urination/Defecation 8.30 Subd. 2 C4 “ “

Animal, Inhumane Treatment 8.30 Subd. 2 C6 “ “

Animal, Abuse or Cause to Fight 8.30 Subd. 2 C7 ” “

Animal, At Large 8.30 Subd. 2 C3 “ “

Animal, Injury or Attempt on Person/Other Animal 8.30 Subd. 2 C2 “ “

Beekeeping, Illegal 8.32 Subd. 1 “ “

Liquor, Illegal Consumption on Highway 8.44 Subd. 1 An amount in accordance

With the yearly rate set by

An annual resolution

Liquor, Consume in Public Place 8.44 Subd. 1 “ “

Curfew 8.46 Subd. 1 ” “

Curfew, Parent Allow Violation 8.46 Subd. 2 “ “

Public Nuisance, Vehicle – Related 8.70 Subd 4 (12) or (13) “ “

Public Nuisance, Illegal Gambling/Device 8.70 Subd. 3 (1) or (2) “ “

Public Nuisance, Uncovered Excavation 8.70 Subd. 4 (14) “ “

Public Nuisance, (except as stated above) 8.70 Subds. 1-4 “ “

(after written notice to correct given

and not obeyed) 8.70 Subds. 1-4 “ “

Skateboard, Illegal Skating 8.75 Subd 2 “ “

Traffic, Motor Vehicle and Related Violations: covers

violations of Minnesota Statutes Ch. 169 which would

otherwise be chargeable as a petty misdemeanor

(misdemeanor or more serious offenses are

specifically excluded) and which are committed by a

person who has had no other traffic, motor vehicle or related

violations or administrative offenses within the past five (5) years,

as near as can be reasonably ascertained by the law

enforcement officer involved

Bicycle violations, §169.222, except Subd. 3, violations “ “

Bicycle violations, §169.222 Subd. 3 only “ “

Improper seat belt use, child under age 4, §169.685 Subd. 5 “ “

Improper seat belt use, adult, §169.686 “ “

Parking violations under §169.34(excluded –covered by other

provisions of Tracy City Code)

All other violations “ “

Subd. 7. Implementation. The City Administrator shall develop a form of Notice of Violation which shall be used to give notice of violations as specified in Subd. 2 of this Section. The City Administrator shall establish procedures within her or his office to receive penalties paid, and to keep a record of all notices of violations issued and penalties paid. Officers and employees of the City issuing a notice of violation shall provide a copy thereof to the City Administrator. Penalties paid in cash shall be evidenced by a written receipt. When a penalty is paid, the officer or employee issuing the Notice of Violation shall be advised in writing of said payment.