HomeMy WebLinkAboutOrdinance - 133 - Establishing an Ordinance Violations Bureau - 04/08/1969 ( VILLAGE; OF EDEN PRAIRIE
HENNEPIN OOUN y, mnza SOTA
ORDINANCE NO. 133
AN ORDINANCE ESTABLISHING AN ORDINANCE VIOLATIONS OF ORDINANCES
RELATING TO SING .FZ[7GTICN, VML CONSPR=ION, PULm=,
HEATIM, ZONING, COWTFCL OF DOGS, FIRE PFW7E=ICN AND IL E)GAL y
PAR' M, ABMDCNEDr STOLEN OR STANDING VEHICLES.
The Village Council of the Village of Wen Prairie does ordain:
SECVICN 1. The Ordinance Violations Bureau shall be established
and conducted as follows:
Subd. 1. Establishment. The Ordinance Violations Bureau of
Eden Prairie is hereby autt»rized and established. The Ordinance
Violations Bureau shall be conducted and operated in acxordance with
rules adopted by the Hennepin Comity Municipal. Court in acvortianoe with
Chapter 493 Minnesota Statutes, Chapter 251, Laws of 1961, to assist the
Court in disposing of violations of ordinances relating to building
0onstruction, well construction, plumbing, heating, zoning, control of
dogs, fire prevention and illegally parked, abandoned, stolen or standing
vehicles.
Subd. 2. Procedure. The Clerk of the said Court shall be the
Director of the Ordinance Violations Bureau and may assign subordinates
in his office to perform the work of the Ordinance Violations Bureau
under his direction. The Court shall designate the hours when the Oboe
Violations Bureau is to be open and the Oxdinanm Violations Bureau shall
be located in the Hennepin County Municipal Court in Wayzata, Minnesota.
Such ordinance violations shall be disposed of as provided in Minnesota
Statutes, Section 492.04 and acts amendatory thereof.
ordinance No. 133
Page tyro
Subd. 3. Pecx=ds, Fines and Funds. The Ordinance Violations
Bureau shall keep a record of all cases of violationns brought before it,
including their final dispostion, and also a record of the collection
and disposition of all fines. Fines and other n=eys collected by the
Bureau shall be disposed of in the same nenner as if guilt had been
det-,ennined in Court. The Ordinance Violations Bureau shall submit
m maarized reports at least monthly, to the Court and Village Clerk of
all ranplaints processed by the Ordinance Violations Bureau, of all
fines collected by it, and of all the final dispostion and present status
of every case under its jurisdiction. Such additional records and reports
shall be made, filed and kept as shall be prescribed by the Court.
Subd. 4. Authorization to Issue Tickets. The Village Council
hereby omfers the power and authority to issue and serve a written or
printed notice,, hereinafter referred to as a tag,, supon persons charged
with ordinance violations, upon the Police Officers, Fire Chief and Fire
Marshal; Health officer; Building Inspector; Zoning Inspector, and all
duly appointed, qualified, and acting inspectors of the several duets
of the Village ctorged with enforcing the ordinances referred to in
Section 11, subd. 1 hereof, provided, however, no inspector shall arrest
or otherwise take a violator into custody. Such tag shall be served upon
the person creating the violations, the owner, ]oessee, or person in charge
of the preni.ses alleged to be in violation.
Subd. 5. Contents of Tag. As used herein the term "tag" means a
a
written or printed notice served upon the person charged with a violation.
Such tag shall be in a fonn to be approved by the Court and shall contain
the following;
I;
Ordinance No. 133
Page three
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(a) The name and address of the person creating the violation
or the miner or person in change of the premises at which
the violation occurs.
(b) The date and place of ri.olati.on.
(c) A short description of the violation followed by the number
and section of the ordinance violated.
(d) The date and place at which the tagged person sha11 appear
and a notice that if she person tagged does not respond to
the tag, a warrant may be issued for such person Is arrest. y
(e) That the person charged may be represented by counsel, that �
he may plead guilty or not guilty, and that he has a riot
to a court hearing.
(f) Succh other Man tion as the Clown may specify.
All tags issued pursuant to the tee of this ordinance shall be numbered.
No tags shall be cancelled after issuance emept by the court. 4
Subd. 6. Payment of Fines. After the service of the tag and within such
i
time as shall be fixed by court rule, the person alleged to be responsible
for the violation, or :.his attorney or agent, shall report to the Ordinance
violations Bureau and may then and there enter a written plea of guilty and
pay the fine prescribed by court rules or such Peron may plead guilty and
request a court appearance, or may plead not guilty and be assigned a date for j
a courtara�ye.
Subd. 7. Failure To Appear. If the person charged with the violation
does not appear at the Bureau within the time and in the manner specified by
court rule, the Clerk of Court, with the assistance of the Village Attorney shall
cause a complaint to be prepared, which oamplaint shall be signed by the issuer
of the ticket, and a warrant issued for the arrest of such person and his
appearance in court.
Section 2. This Cxdinar=e shall take effect July 15, 1969.
4
Ordinance No. 133
Page four
FIRST READ at a regular meeting of the C x=il of the Village
of Eden Prairie this 8th day of April, 1969, and finally read, adopted and
ordered published at a regular meeting of the Council of said Village on
the 22nd day of April, 1969.
1
Davi W. terTio`7.t,
Mayor of the Village of Imen Prairie F
t
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Attest:
Bdna M. HD , Clerk
Published in the Minnetonka Sun on May 15, 1969.
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SUNNEWSPAPERS
AFFIDAVIT OF PUBLICATION
-jOPKINS SUN
6"1 W, 78th St. Bloomington, Minnesota
State of Minnesota l
County of Hennepin j SS.
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W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated MANCOWLjiq yyG TO Wp 16-
has been the vice president and printer of the newspaper known as The Hopkins Sun Wb> CONSIMUCT",
and has full knowledge of the facts herein stated as follows: (1) Said newspaper
is printed in the Engish language in newspaper format and in column and #beet form � �
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equivalent 1n printed space to at least 900 square incises. (2) Said newspaper is a weekly and iDiorBYANDfr7*aY
is distributed at least once each week. (3) Said newspaper has 80% of its news columns devoted The Yltlsge 'tassels of t4s, Vine" of
to news of local Interest to the community which it purports to serve and does not wholly Ssstiw L T!s' VleiaUosr as-
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any other publication and is not made up entirely of patents, plate matter and craw sdsA be satsllls�Asiifd sad eondP�sd'at
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports looms;
to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of
at least 75% of its total circulation currently paid or no more than three months in arrears iug '44i TQ-am
and has entry as second-class matter in its local post-office. (5) Said newspaper purports to In,
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serve the City of liopkins in the County of Hennepdn and it has its (mown office eR 'SIEoljeaggna 1SaAI{ ON
'sue in the City` of Bloomington in said county, established and open during its regular business
for the gathering of news, sale of advertisements and sale of subscriptions and main- 'Sdi} fsOid
t.alaed by the managing officer or persons in its employ and subject to his direction and con- g > ; Iili�ind 71�
trot during all such regular business hours and devoted exclusively during such regular �.lQj�j; Sal a&T .0%*t•�Q 's
business hours to the business of the newspaper and business related thereto. (6) Said news- tla
paper files a copy of each issue immediately with the State Historical Society. (7) Said news-
paper has complied with all the foregoing conditions for at least two years preceding the day �l .i.'0 �Se.�Y► j t,
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary ofRN
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State of Minnesota prior to January I. 19M and each January 1 thereafter an affidavit in the O#peu
form prescribed by the Secretary of State and signed by the publisher of said newspaper and �]pdali�ate`,
sworn to before a notary public stating that the newspaper is a lemma newspaper.
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hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for l successive weeks:
that it was first so published on Tnur'$.the �`� day of 1<�Af 195.9 3
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and was thereafter printed and published on every to and including 7E
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the 1`o day of .l� 2959 and that the following Is a printed copy r
of the lower case alphabet from A to Z, both inclusive, and is 'bereby acknowledged as being ��� )
the size and kind of type used in the composltton and publication of said notice• to wit: f }
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Subscribed and sworn to before me this day of 19
(Notarial Seal)
Ba a amuelsoa,Notary Public, Ra y County, REW.
'y Commission Expires November 8, 1971
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