Preface
PREFACE TO THE MINNESOTA BASIC CODE,
FIRST EDITION (2000)
The Minnesota Basic Code
The City of Lake Lillian has adopted the Minnesota Basic Code (MBC). This League of Minnesota
Cities/American Legal Publishing (LMC/ALP) MBC is an effort to provide a modern and
comprehensive code of ordinances for smaller Minnesota cities without the expense of a
customized code of ordinances. Its provisions are also useful to all Minnesota cities that wish to
have models for the basic city ordinances on the subjects contained in the code. The code reflects
current state statutes, case law and rules through February 1, 2000.
Authors and Editors
This Minnesota Basic Code is partly based on the Model Ordinance Code for Minnesota Cities,
Revised Edition 1980, prepared by Orville C. Peterson, former Executive Director of the League
of Minnesota Cities, and the 1989 Model Ordinance Code prepared by Thomas L. Grundhoefer,
then Staff Attorney and now General Counsel for the League. The first draft of this MBC was
prepared by Kent Sulem, who was the League’s Codification Attorney. The final draft was
prepared by Special Counsel Duke Addicks, who has also served the League as its first
Legislative Counsel, as Director of Intergovernmental Relations and its first Director of Member
Services. All of the authors are licensed attorneys in the state of Minnesota. The editorial review
and formatting of the MBC was done by the staff of American Legal Publishing Corporation.
The City of Lake Lillian contracted the Mid-Minnesota Development Commission to provide the
City with the MBC and add existing and new ordinances to the MBC that were not part of the
original document.
II
USER’S GUIDE
Adopting and Amending the Code
The Minnesota Basic Code (MBC) is intended to be adopted by a city as its basic code of
ordinances. The MBC contains extensive regulations concerning the subjects listed in its table of
contents.
Once the ordinance adopting the code has been passed, it must be published in the manner required
by law for statutory cities and by the city charter if a charter city. The ordinance, for statutory
cities, takes effect on the date of publication.
A city is free to adopt ordinances on subjects not covered by the MBC, or to amend the provisions
of the MBC to conform to local desires and concerns. The Ordinance Adopting the Minnesota
Basic Code repeals all ordinances pertaining to the subjects treated in the MBC which were
adopted by the city prior to the adoption of the MBC. There may be old or archaic ordinances or
ordinances existing at the time the MBC is adopted which do not pertain to subjects treated in the
MBC. Language repealing those ordinances that the city does not wish to continue is included in
the Ordinance Adopting the Minnesota Basic Code. Future ordinances amending sections of the
MBC should be published when adopted and should be codified periodically in the MBC.
Fees and Charges
No fees or charges are specified in the MBC, unless a specific amount is required by law. A city
adopting the MBC must therefore adopt an “Ordinance Establishing Fees and Charges”. Until that
ordinance is adopted, the MBC provides that any fees and charges established by ordinances that
are in effect when the MBC is adopted remain in effect.
Arrangements and Numbering
The MBC is divided into seven odd-numbered titles, each devoted to a particular topic of
municipal law. The titles include the following topics: Title I - General Provisions; Title III -Administration;
Title V - Public Works; Title VII - Traffic Code; Title IX - General Regulations;
Title XI - Business Regulations; and Title XIII - General Offenses Code.
Titles are divided into chapters, and all chapters are subdivided into sections. A citation to a
specific section identifies the title, chapter and section number of the Basic Code provision being
cited. For example, “72.11" refers to section 11 of Chapter 72 in Title VII. Title and chapter
number appear to the left of the decimal; the title number precedes the first digit to the left of the
decimal, and the chapter number constitutes all numerals to the left of the decimal. As another
example, “138.05" indicates that the citation refers to section 05 of Chapter 138 in Title XIII.
III
Newly created sections subsequent to the original Basic Code may be indicated by three digits to
the right of the decimal in the event that the law properly belongs between two consecutively
numbered sections. For example, § 73.011 would follow § 73.01 and would precede § 73.02.
General Provisions
The purpose of this title is to create consistently throughout the code, and the provisions of Title I
apply to all titles of the code. Thus, the general provisions of Title I will not be repeated
throughout the code unless a variation of the provision applies to a particular code provision.
Title I contains provisions concerning general definitions, rules of construction, the effect of
amendment or repeal, the construction of section references, conflicting provisions, severability,
reference to offices, errors and omissions, ordinances repealed, ordinances unaffected, ordinances
saved, application to future ordinances, interpretation, amendments to the code, amendatory
language, explanation of statutory references, preservation of penalties, offenses, rights and
liabilities, and a general penalty.
General Penalty
Penalty provisions have been given a section number of .99. A general penalty has been provided
at § 10.99. This general penalty will apply when no other penalty has been specifically provided
for in another provision of this code.
Cross-references
“Cross-references” direct the user to subject matter related to certain Basic Code provisions
contained within another section or chapter of the Basic Code.
Title and Chapter Analysis
A table of contents, giving the name of each chapter within the title and the respective chapter
numbers, can be located in the front of each title. A chapter analysis, giving section headings and
the respective section numbers, can be located on the first page of each chapter. A complete table
of contents with title, chapter and section numbers follows the User’s Guide.
Page Numbering
Each page is numbered by a title number and page number. For example, the first page of Title III
is numbered “3-1". The “3" indicates the title number and the “1" shows the page number you are
looking at in Title III.