Ordinance 349CITY OF CHANHASSEN
S CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.349
AN ORDINANCE AMENDING CHAPTER 1
CHANHASSEN CITY CODE, GENERAL PROVISIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 1-4 is amended as follows:
The catchlines of the several sections of this Code printed in boldface type are intended as mere
catchwords to indicate the contents of the section. Catchlines shall not be deemed or taken to be
the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall
they be so deemed when any of such sections, including the catchlines, are amended or
reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such
catchline or in any heading or title to any chapter, article or division. The history notes
appearing in parentheses after sections in this Code are not intended to have legal effect but are
merely intended to indicate the source of matter contained in the sections. The editor's notes,
cross references and state law references in this Code are not intended to have any legal effect
but are merely intended to assist the user of this Code.
Section 2. Section 1-6 is amended as follows:
Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:
(1) Promising or guaranteeing the payment of money by or to the city, or authorizing the
issuance of any bonds of the city or any evidence of the city's indebtedness, or any
contract or obligation assumed by the city;
(2) Appropriating funds or establishing or relating to the annual budget;
(3) Imposing taxes which are not inconsistent with this Code;
(4) Establishing positions, classifying employees or setting salaries;
(5) Granting a franchise;
(6) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, or
vacating any street or public way;
(7) Establishing or prescribing street grades;
• (8) Providing for local improvements and assessing taxes therefore;
(9) Prescribing through streets, parking prohibitions, parking limitations, one-way streets,
speed limits, load limits or loading zones not inconsistent with this Code;
(10) Dedicating, accepting or rejecting any plat or subdivision;
(11) Annexing or de -annexing property;
(12) Providing for a survival plan or relating to civil defense or civil defense emergencies;
(13) Rezoning specific property.
(14) Whose purpose has been accomplished;
(15) Which is special although permanent in effect;
(16) Which is temporary although general in effect;
and all such ordinances are recognized as continuing in full force and effect to the same extent as
if set out at length herein.
Section 3. Section 1-9 is amended as follows:
• Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or whenever in this Code the doing of any act is required or the failure to do
any act is declared to be unlawful or an offense, where no specific penalty is provided therefore,
the violation of any such provision of this Code shall be a misdemeanor punishable to the
maximum extent authorized in M.S. §412.231, as modified by M.S. § 609.034. Each day of any
violation continues is a separate offense.
•
Section 4. Section 1-10 is amended as follows:
It is declared to be the intent of the city council that if any section, subsection, sentence, clause,
phrase or portion of this Code or any ordinance is held or declared to be unconstitutional,
inoperative or void, such holding or invalidity shall not affect the remaining portions of this
Code or any ordinance, and it shall be construed to have been the legislative intent to pass this
Code or the ordinance without the unconstitutional, invalid or inoperative part therein, and the
remainder of this Code or the ordinance after the exclusion of such part or parts shall be deemed
and held to be valid as if such part or parts had not been included herein, unless the court finds
the valid provisions of the law are so essentially and inseparably connected with, and so
dependent upon, the void provisions that the court cannot presume the legislature would have
enacted the remaining valid provisions without the void one; or unless the court finds the
remaining valid provisions, standing alone, are incomplete and are incapable of being executed
in accordance with the legislative intent. If this Code or any ordinance or provision thereof is
held inapplicable to any person, group of persons, property of kind of property, or circumstances
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or set of circumstances, such holding shall not affect the applicability hereof to any other person,
property or circumstance.
Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a
section to be numbered 1-10.5, which shall read as follows:
Amendments to Code
Any and all additions and amendments to this Code, when passed in such a form as to indicated
the intention of the city council to make such additions or amendments a part of this Code, shall
be deemed to be incorporated in this Code so that reference to the Code shall be understood and
intended to include such additions and amendments.
All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any
way affect this Code may be numbered in accordance with the numbering system of this Code
and printed for inclusion therein. When subsequent ordinances repeal any chapter, section,
subdivision, paragraph or any portion thereof, such repealed portions may be excluded from the
Code by the omission thereof from reprinted pages.
Amendments to any of the provisions of this Code may be made by amending such provisions by
specific reference to the section number of this Code in substantially the following language:
"The section of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:...." The new provisions shall be then set out in full.
If a new section not then existing in the Code is added, the following language may be used:
"That the City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to
be numbered , which shall read as follows:...." The new section may then be set
out in full.
All chapters, sections, subdivision, paragraphs or provisions desired to be repealed must be
specifically repealed by chapter, section, subdivision or paragraph number, as the case may be.
Section 6. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 24th day of November, 2003, by the City Council of the
City of Chanhassen, Minnesota
o Gerhardt, City Manager
Thomas A. Furlong, Ma
(Summary Ordinance Published in the Chanhassen Villager on December 11, 2003)
CITY OF CHANHASSEN
,• CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.349
AN ORDINANCE AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE
GENERAL PROVISIONS.
The purpose of this code amendment is to clarify the use and meanings of catchlines,
explain the inseverability limitations of the code, and provide a consistent format for the adoption of
amendments to the Chanhassen City Code.
A printed copy of Ordinance No. 349 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of
November, 2003, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Todd Gerhardt
City Clerk/Manager
(Summary Ordinance Published in the Chanhassen Villager on December 11, 2003).
0
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
- (A) These newspapers have complied with the requirements constituting qualification as a legal
CITY OF CHANHASSEN newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
CARVER AND HENNEPIN amended.
COUNTIES, MINNESOTA (B) The printed public notice that is attached to this Affidavit and identified as No. "
SUMMARY OF ORDINANCE
NO. �49 was published on the date or dates and in the newspaper stated in the attached Notice and said
AN ORDINANCE AMENDING Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
CHAPTER 1 OF THE the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
CHANHASSEN CITY CODE inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
GENERAL PROVISIONS. and publication of the Notice:
The purpose of this code amendment abcdefghijklmnopqrstuvwxyz
is to clarify the use and meanings of
catchlines, explain the inseverability
limitations of the code and provide a}°
consistent format for the adoption of 4 $_Y
amendments to the Chanhassen City Code. Laurie A. Hartmann
A printed copy of Ordinance No. 349
is available for inspection by any person
during regular office hours at the office of Subscribed and sworn before me on
the City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION this tb
24th day of November, 2003, by the City
this _day of �'�;'2003
Council of the City of Chanhassen.
CITY OF CHANHASSEN GWEN M. RADUENZ
Todd Gerhardt
M
City Clerk/Manager
PUHUC MlNNESOTA
(Published in the Chanhassen Villager on My commission Expires Jaw 31, 2M5
42r�" a
Thursday, December 11, 2003; No. 4046) M447 E
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch
Maximum rate allowed by law for the above matter ................................ $21.00 per column inch
Rate actually charged for the above matter ............................................... $10.63 per column inch