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.