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"
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(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."
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( (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
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a complete record of all fires is kept in convenient
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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
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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:
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"6.05. Practice Drills. It shall be the duty
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of the Chief, Hen EHe west er permits, to hold a
monthly practice drill of at least two hour's duration
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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
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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:
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"6.11. Interference with Department. it
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shall he unlawful for any person to give or make,
or cause to be given or made, an alarm or fire
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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
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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
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the following therefor:
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"7.02. Duties of Chief of Police. The (hief
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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
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responsible for the training and discipline of the
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members of the Department, and of the organization
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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;
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(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
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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
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direction of the Village Manager."
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(bb) Section 10.04 of said Chapter II shall be arm,; .ded
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be deleting the whole thereof and substituting
the following therefor:
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(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