Lake Lillian, Minnesota

A Friendly Town





10.01 Title of code

10.02 Rules of interpretation

10.03 Application to future ordinances

10.04 Captions

10.05 Definitions

10.06 Severability

10.07 Reference to other sections

10.08 Reference to offices

10.09 Errors and omissions

10.10 Official time

10.11 Reasonable time

10.12 Ordinances repealed

10.13 Ordinances unaffected

10.14 Effective date of ordinances

10.15 Repeal or modification of ordinance

10.16 Ordinances which amend or supplement code

10.17 Preservation of penalties, offenses, rights and liabilities

10.18 Copies of code

10.19 Adoption of statutes and rules by reference

10.99 General penalty

§ 10.01 TITLE OF CODE.

(A) All ordinances of a permanent and general nature of the city, as revised, codified,

rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections,

shall be known and designated as the “city code,” for which designation “code of ordinances,”

“codified ordinances” or “code” may be substituted. Code title, chapter, and section headings do

not constitute any part of the law as contained in the code.

(B) All references to codes, titles, chapters, and sections are to the components of the code

unless otherwise specified. Any component code may be referred to and cited by its name, such as

the “Traffic Code.” Sections may be referred to and cited by the designation “§” followed by the

number, such as “§10.01.” Headings and captions used in this code other than the title, chapter,

and section numbers are employed for reference purposes only and shall not be deemed a part of

the text of any section.


(A) Generally. Unless otherwise provided herein, or by law or implication required, the same

rules of construction, definition, and application shall govern the interpretation of this code as

those governing the interpretation of state law.

Lake Lillian Ordinance Code - General Provisions


(B) Specific rules of interpretation. The construction of all ordinances of this city shall be by

the following rules, unless that construction is plainly repugnant to the intent of the legislative body

or of the context of the same ordinance:

(1) AND or OR. Either conjunction shall include the other as if written “and/or,” whenever

the context requires.

(2) Acts by assistants. When a statute, code provisions or ordinance requires an act to be

done which, by law, an agent or deputy as well may do as the principal, that requisition shall be

satisfied by the performance of the act by an authorized agent or deputy.

(3) Gender; singular and plural; tenses. Words denoting the masculine gender shall be

deemed to include the feminine and neuter genders; words in the singular shall include the plural,

and words in the plural shall include the singular; the use of a verb in the present tense shall

include the future, if applicable.

(4) General term. A general term following specific enumeration of terms is not to be

limited to the class enumerated unless expressly so limited.


All provisions of Title I compatible with future legislation shall apply to ordinances hereafter

adopted which amend or supplement this code unless otherwise specifically provided.

§ 10.04 CAPTIONS.

Headings and captions used in this code other than the title, chapter, and section numbers are

employed for reference purposes only and shall not be deemed a part of the text of any section.


(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense.

However, technical words and phrases having a peculiar and appropriate meaning in law shall be

understood according to their technical import.

(B) Definitions. For the purpose of this code, the following definitions shall apply unless the

context clearly indicates or requires a different meaning.

CITY. The area within the corporate boundaries of the City of Lake Lillian, Minnesota, as

presently established or as amended by ordinance, annexation or other legal actions at a future

time. The term CITY when used in this code may also be used to refer to the City Council and its

authorized representatives.

CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by

amendment, revision, and adoption of new titles, chapters, or sections.

Lake Lillian Ordinance Code - General Provisions


COUNTY. The County of Kandiyohi, State of Minnesota.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for

an oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words

AFFIRM and AFFIRMED. All terms shall mean a pledge taken by the person and administered

by an individual authorized by state law.


office, employee, commission, or department of this city unless the context clearly requires


PERSON. Extends to and includes an individual, person, persons, firm, corporation,

copartnership, trustee, lessee, or receiver. Whenever used in any clause prescribing and imposing

a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean

the partners or members thereof, and as applied to corporations, the officers or agents thereof.

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of Minnesota.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the

chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of

sections related by the subject matter of the heading. Not all chapters have subchapters.

WRITTEN. Any representation of words, letters, or figures, whether by printing or


YEAR. A calendar year, unless otherwise expressed.


If any provision of this code as now or later amended or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions that can be given effect

without the invalid provision or application.

Lake Lillian Ordinance Code - General Provisions



Whenever in one section reference is made to another section hereof, that reference shall

extend and apply to the section referred to as subsequently amended, revised, recodified, or

renumbered unless the subject matter is changed or materially altered by the amendment or



Reference to a public office or officer shall be deemed to apply to any office, officer, or

employee of this city exercising the powers, duties, or functions contemplated in the provision,

irrespective of any transfer of functions or change in the official title of the functionary.


If a manifest error is discovered, consisting of the misspelling of any words; the omission of

any word or words necessary to express the intention of the provisions affected; the use of a word

or words to which no meaning can be attached; or the use of a word or words when another word

or words was clearly intended to express the intent, the spelling shall be corrected and the word or

words supplied, omitted, or substituted as will conform with the manifest intention, and the

provisions shall have the same effect as though the correct words were contained in the text as

originally published. No alteration shall be made or permitted if any question exists regarding the

nature or extent of the error.


The official time, as established by applicable state and federal laws, shall be the official

time within this city for the transaction of all city business.


(A) In all cases where an ordinance requires an act to be done in a reasonable time or

requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time

which is necessary for a prompt performance of the act or the giving of the notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by

excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall

be excluded.


This code, from and after its effective date, shall contain all of the provisions of a general

nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining

to the subjects treated by this code shall be deemed repealed from and after the effective date of

this code.

Lake Lillian Ordinance Code - General Provisions



All ordinances of a temporary or special nature and all other ordinances pertaining to subjects

not embraced in this code shall remain in full force and effect unless herein repealed expressly or

by necessary implication.


All ordinances passed by the legislative body requiring publication shall take effect from and

after the due publication thereof, unless otherwise expressly provided.


(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a

subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall

continue in force until the publication of the ordinance repealing or modifying it when publication

is required to give effect to it, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured,

or accrued under any ordinance previous to its repeal shall in any way be affected, released, or

discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had

continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself

repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision,

unless it is expressly provided.


(A) If the City Council shall desire to amend any existing chapter or section of this code, the

chapter or section shall be specifically repealed and a new chapter or section, containing the

desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing code a new chapter or section

shall indicate, with reference to the arrangement of this code, the proper number of the chapter or

section. In addition to this indication as may appear in the text of the proposed ordinance, a caption

or title shall be shown in concise form above the ordinance.


All offenses committed under laws in force prior to the effective date of this code shall be

prosecuted and remain punishable as provided by those laws. This code does not affect any rights

or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this

code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures

shall be enforced and imposed as if this code had not been enacted. In particular, any agreement

Lake Lillian Ordinance Code - General Provisions


granting permission to utilize highway right-of-ways, contracts entered into or franchises granted,

the acceptance, establishment or vacation of any highway, and the election of corporate officers

shall remain valid in all respects, as if this code had not been enacted.


The official copy of this code shall be kept in the office of the City Clerk for public

inspection. The Clerk shall provide a copy for sale for a reasonable charge.


It is the intention of the City Council that, when adopting this Minnesota Basic Code, all future

amendments to any state or federal rules and statutes adopted by reference in this Code or

referenced in this Code are hereby adopted by reference or referenced as if they had been in

existence at the time this Code was adopted, unless there is clear intention expressed in the Code

to the contrary.


(A) Any person, firm, or corporation who violates any provision of this code for which

another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor.

The penalty which may be imposed for any crime which is a misdemeanor under this code,

including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more

than 90 days or a fine of not more than $1,000, or both.

(B) Any person, firm or corporation who violates any provision of this code, including

Minnesota Statutes specifically adopted by reference, which is designated to be a petty

misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be

imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not

more than $300.

(C) Pursuant to M.S.§ 631.48, as it may be amended from time to time, in either the case of a misdemeanor

or a petty misdemeanor, the costs of prosecution may

be added. A separate offense shall be deemed committed upon each day during which a violation

occurs or continues.

(D) The failure of any officer or employee of the city to perform any official duty imposed by

this code shall not subject the officer or employee to the penalty imposed for a violation.

(E)  In addition to any penalties provided for in this section or in § 10.98, if any person, firm or corporation

fails to comply with any provision of this code, the Council or any city official designated by it, may institute

appropriate proceedings at law or at equity to restrain, correct or abate the violation.



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