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HomeMy WebLinkAboutCity Council Ordinance 1970-11VILLAGE OF PLY14OUTH Ordinance No. 70-11 AN ORDINANCE AMENDING THE VILLAGE CODE RELATING 1 TO THE POSITION OF VILLAGE MANAGER AND THE DUTIES OF THE VILLAGE CLERK; AND RELATING TO THE VILLAGE I PLANNING COMMISSION, PARK AND RECREATION COMMISSION, BUILDING CODES ADVISORY COMMISSION, HUMAN RIGHTS f' COMMISSION, AND THE FIRE DEPARTMENT. j THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DOES HEREBY AS FOLLOWS: Section 1. Amendment of Village Code. Chapter II of the Village Code of the Village of Plymouth is hereby amended in the following respects: (a) Segtion 1 of said Chapter II shall be amended by,deleting the whole thereof. (b) Ssection (b) of Section 2.02 of said Chapter Itshall be amended by deleting the whole thereof. (c) Subsection (a) of Section 2.03 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(a) Petitions, requests and communications addressed to the Council, which in the opinion of the Village Manager, or by law, necessitate advisory commission reports before disposition by the Council (except those required by law to come before the Council initially), shall be withheld by the Village Manager from the agenda until such reports are availabb, at which time both the petition, request or communication and the related report shall be placed on the agenda for the succeeding Council meeting." (d) Subsection (c) of Section 2.11 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(c) The Clerk, in the event of a forfeit as provided in (b) above, shall certify the fact of such forfeit in writing, together with the applicable dates of absence of such Council member, to the Village Treasurer. The Village Treasurer shall at the time of the issuance of salary checks to the Mayor and Councilmen next following the month of such absence, issue a check payable to such Council member in the amount of his monthly salary butt shall immediately cancel such ch,iak by writing across the face thereof the words: 'Salary forfeited pursuant to Village Code Chapter II Section 2.11.1" jj i (e) Subsection (a) of Section 3.02 of said Chapter II shall be amended by substituting the word "nine (9)" i for "eleven (11)" therein. (f) Subsection (c) of Section 3.02 of said Chapter II shall be amended by substituting the word "five (5)" for "seven (7)" therein. (g) Subsection (d) of Section 3.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(d) All members of the Commission shall be appointed by the Village Council for a term of three (3) years each, and their terms shall expire on January 31st of each calendar year." (h) Subsection (b) of Section 4.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(b) The Village shall be divided into the following four (4) districts and a member of the commssion shall be appointed for each of said districts: District No. 1 - Sections 4, 5, 6, 7, 8, 9, 16, 17 and 18 District No. 2 - Sections 19, 20, 21, 28, 29, 30, 31, 32 and 33. District No. 3 - Sections 22, 23, 24, 25, 26, 27, 34, 35 and 36. District No. 4 - Sections 1, 2, 3, 10, 11, 12, 13, 14 and 15." (i) Subsection (d) of Section 4.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(d) All members of the commission shall be appointed by the Village Council for a term of three (3) years each and their terms shall expire on January 31st of each calendar year." (j) Subsection (a) of Section 5.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "(a) The Building Codes Advisory Commission shall consist of a chairman appointed by the Mayor whose membership on the commission shall continue only for the balance of the tern of the Mayor who made said appointment,' and four (4) members elected by the Trustees of the Council, each of whom shall be elected for two (2) year terms, and their terms shall expire on January 31st of each calendar year." (k) Section 13.04 of said Chapter II shall be amended by deleting the whole thereof and substituting. the following therefor: "13.04. Membership and Terms. The Comn.,ission shall consist of 15 members to be appointed by the Mayor by and with the advice and consent of the Council. Members of the commission shall be an - pointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the commission. Members of the commission shall be appointed for terms of three (3) years, and their terms shall expire on January 31st of each calendar year, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. The first commission shall consist of five members appointed for a term of three years, five members for a term of two years, and five members for a term of one year. The members of the commission shall serve without compensation and may be removed from office for cause by the Mayor." (1) Section 6 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "FIRE DEPARTMENT" (m) Section 6.01 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "6.01. Fire Department Established. There is hereby established in this village a fire depart- ment consisting of a Chief, an Assistant Chief, such other subordinate officers as the Chief of the fire department and the Village Manager may deem expedient, and a minimum of forty (40) firemen." (n) Section 6.02 of said Chapter II shall be amended by deleting th.. whom: th-reof and substituting the following therefor: "6.02. Personnel. The Chief of the Fire Department, the -Assistant Chief, and other officers of the department shall rac appointed by the Village Manager. Each such officer shall hold office for an indefinite period. Firemen and probationary firemen shall be appointed by the Village Manager and shall continue as members of the department until removal therefrom by the Village Manager." (o) Section 6.03 of said Chapter 11 shall be amended by deleting the whole thereof and substituting the following therefor: "6.03. Duties of Chief. He shall be re- sponsible for the proper training and discipline of the members of•the Fire Department and with the concurrence of the Village Manager, may suspend any member for refusal or neglect to obey orders." f� ( (p) Section 6.04 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor.- herefor:"6.04. "6.04.Records. The Chief shall see that ' a complete record of all fires is kept in convenient • form. Such record shall include the time o- the alarm, lavation of fire,; cause of fire (i.f known), type of building, name of owner and tenant, ' purpose for which occupied, value of building and contents,'mecbers of thq department responding to the rm, and such other information as;1he may ala deem advisable or as may be required from time to time by the council or State; Insurance Department." (g) Section 6.05 of said Chapter II shall he amended by deleting the whole thereof and substituting the followingtherefor: a "6.05. Practice Drills. It shall be the duty _w of the Chief, Hen EHe west er permits, to hold a monthly practice drill of at least two hour's duration " for the fire department and to give the firemen instruction in approved methods of fire fighting and fire (r) Section 6.06 of said Chapter „II shall be amended by deleting the whole thereof and substituting the .following therefor: ."6.06. Assistant Chief. < In the absence or ` disability, of-the.Chief,`the Assistant Chief shall perform all the functions and exercise all of the authority of the Chief."` (a) Section 6.07 of said Chapter II shall be amended by deleting the whole thereof and substituting the 'following therefore'' 76.07. Firemen. The Village Manager may require that .each candidate, before he may becomea-:,: probationary fireman, must satisfy certain minimum..• requirements which shall be established'by the Manage upon recommendation of the Chief, and that he must paas.a satisfactory physical examination." (t) Section 6.09 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "6.09. Present Members. Persons who are members of the fire department atthetime of the adoption of this ordinance shall not be required to-serve A probationary period before' receiving fiiemen's' rating. " (u) Section 6.10 of said Chapter II shall be amended by 4eleting,the whole thereof and substituting the following therefor: "6.10. Relief Association. The members and officers of the fire department shall organize t themselves into a Firemen's Relief Association." (v) Section 6.11 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: • "6.11. Interference with Department. it , shall he unlawful for any person to give or make, or cause to be given or made, an alarm or fire ` without probable cause, or to neglect or refuse to obey any reasonable order of the chief at a fire, or to interfere with the fire department in the discharge of its duties; and any person convicted of violation of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $25.00 nor more than $300.00 or imprisonment for not to exceed 90 days." (w) Section 7.01 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "7.01. Duties of -Police Officers. The Chief of Police and all other members o the Police Department, shall obey all orders and directions of the Village Manager and all rules and regulationsof the Village Council as established by resolution or ordinance and shall be active and vigilant in enforcing -the several provisions of this Village Code"and all laws of the State of Minnesota. It shall be the duty of each member of the Police Department of the village to serve all warrants and processes delivered to him for service, and which by law he is authorized to serve, and to notice and diligently inquire into and report to the Chief of Police all violations of the Village Code, violations of the criminal laws of the State, and to make complaint against the person, or persons, guilty thereof, and to attend punctually all trials of offenses in regard to which any member of the Department is required to -be a • witness, to visit all parts -of the Village where ` disturbances and breaches of the peace, or violations of any ordinances, are occurring, or likely to occur." (X) Section 7.02 of said Chapter Iz shall be amended by deleting the whole thereof and substituting y the following therefor: � "7.02. Duties of Chief of Police. The (hief � of the Police Department as the executive head of the department shall be responsible to the Village Manager for law enforcement and he phall be responsible for all of the property of the Village used by the Police Department; he shall have full authority to execute all laws, ordinances and rules relating to the policing of the Village; he shall be „;., responsible for the training and discipline of the f members of the Department, and of the organization ` thereof as an effective policing unit; he shall t investigate and keep complete records of all breaches ( of the peace and Laws and ordinances within the Village, and of all accidents which occur on public highways or other public places, within the Village and shall. report the same quarterly in writing to the j Village Council; he shall be responsible for 1 compliance by the Police Department and members thereof with all laws, ordinances, rules and regulations",; of the Village Council and directions of the Village Manager relating to the Police Department and to any police protection functions of the Village. The Village Manager may designate one of the members of the Police Department as acting chief who shall assume all the authority of the chief in the absence' or disability of the chief. All members of the Police .Department subordinate to the chief shall obey the instructions of the chief znd any superior officer." . (y) Subsection (d) of Section 9.03 of said Chapter.I2 shall be amended by deleting the whole thereof and substituting the following therefor: "(d) To provide for any local natural catastrophe or disturbance, there is hereby established a Board consisting of the Mayor of the Village of Plymouth, the Village Manager, and one Trustee to be selected by a majority vote of the ' Village. Council. Whenever, in the judgment of a majority of the said Board, or in the event a majority of said Board is not present within the • Village, in the judgment of the Mayor, Mayor Pro -tem or Senior Trustee, any unprecedented or severe natural catastrophe or disaster shall warrant it, an emergency may be declared and the provisions of this section may be invoked; provided, however, that there shall be called a regular meeting or special meeting of the Village Council within three days after the declaration of such emergency for the ratification of such emergency declaration, . and if such emergency declaration be disapproved at this, or any subsequent Village Council meeting, or if the emergency meeting is not called within the three day period, it shall terminate forthwith." (z) Section 10.02 of said ,,hapter II shall be amended by deleting the whole thereof and substituting the following therefor: , "10.02. A royal b the Council. No disbursements shall be in payment of any claim or obligation of the Village except upon the order of the Mayor, Village Manager and Village Treasurer duly authorized by the Council." (aa) Section 10.03 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor; 1 (cc) 1.10.04. Payrolls and Fixed Charges. C The Village Council shall, from time to time, authorize the regular payment of salaries and wages of all employees and officers of the Village and for the payment of fixed charges regularly incurred for public utilities by the Village. The amounts so authorized may be regularly paid at the times payable without further Council authorization, by issuance of combined order and check issued by the Mayor, Village Manager and Treasurer. The respective amounts so payable shall be subject to revision by the Village Council at any time. Section 12.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefore "12,02, Police, Department to Provide for Custody of Lost PropereX. The Police Department, s a make provision Tor the safekeeping of any lost property so deposited with it or of any property acquired by it in the ordinary course of its police work in such manner as shall be -directed by the .Villar4�, Manager." (dd) Section 12.03 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "12.03.. Procedures for Claiming Lost Property,* Any such property so deposited with the Police Department or acquired by it in the course of its police work shall be retained in custody for a period of at least six months for the purpose of giving the owner thereof the opportunity to claim the same. If any person shall claim to be the owner of such lost property he shall file an affidavit with the Village Manager setting forth the fact of his ownership and the circumstances under which the said lost property was lost or misplaced by him, and that the same was not abandoned by him. The Village Mana- ger shall thereupon notify the person who found such property and deposited it with the Police Department and if requested shall show such affidavit to such person. If, after ten days from the date of giving notice to such depositor, no claim is asserted by "10.03. Facsimile Signatures on `Til_'aco Check's. Upon authorization by the Council, r-Ee Manager shall prepare Orders directed to to Treasurer for payment of the respective amount of the authorized claims and checks payable to the order of the person in whose favor the orders are drawn. Such orders and checks shall be combined ' in a single instrument and may be issued on be;^.alf of the Village; upon` affixing thereto the facsimile signatures of the Mayor, Village Manager and Treasurer, such facsimile signatu�4s to rL so af- fixed by mechanical device under the _,ontract and i direction of the Village Manager." k i (bb) Section 10.04 of said Chapter II shall be arm,; .ded . be deleting the whole thereof and substituting the following therefor: r_ (cc) 1.10.04. Payrolls and Fixed Charges. C The Village Council shall, from time to time, authorize the regular payment of salaries and wages of all employees and officers of the Village and for the payment of fixed charges regularly incurred for public utilities by the Village. The amounts so authorized may be regularly paid at the times payable without further Council authorization, by issuance of combined order and check issued by the Mayor, Village Manager and Treasurer. The respective amounts so payable shall be subject to revision by the Village Council at any time. Section 12.02 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefore "12,02, Police, Department to Provide for Custody of Lost PropereX. The Police Department, s a make provision Tor the safekeeping of any lost property so deposited with it or of any property acquired by it in the ordinary course of its police work in such manner as shall be -directed by the .Villar4�, Manager." (dd) Section 12.03 of said Chapter II shall be amended by deleting the whole thereof and substituting the following therefor: "12.03.. Procedures for Claiming Lost Property,* Any such property so deposited with the Police Department or acquired by it in the course of its police work shall be retained in custody for a period of at least six months for the purpose of giving the owner thereof the opportunity to claim the same. If any person shall claim to be the owner of such lost property he shall file an affidavit with the Village Manager setting forth the fact of his ownership and the circumstances under which the said lost property was lost or misplaced by him, and that the same was not abandoned by him. The Village Mana- ger shall thereupon notify the person who found such property and deposited it with the Police Department and if requested shall show such affidavit to such person. If, after ten days from the date of giving notice to such depositor, no claim is asserted by that if of Such ublic sale." ection 12"05 of said Chapter 11'shall be amended