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ORDINANCE #2015-1

 

ESTABLISHING A CODE OF CONDUCT FOR THE CITY COUNCIL, VARIOUS BOARDS AND COMMISSIONS

WITHIN THE CITY OF BROWNSDALE, MINNESOTA

 

 

SECTION 1.  PURPOSE

 

The city council of the City Of Brownsdale determines that a code of conduct for its members, as well as the members of the various boards and commissions of the City Of Brownsdale, is essential for the public affairs of the city.  By eliminating conflicts of interest and providing standards for conduct in city matters, the city council hopes to promote the faith and confidence of the citizens for Brownsdale in their government and to encourage its citizens to serve on its council and commissions.

 

SECTION 2. STANDARDS OF CONDUCT                                                                     

 

Subd. 1: No member of the city council or a city board or commission may knowingly:

 

  1. Violate the open meeting law.
  2. Participate in a matter that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation.
  3. Use the person’s public position to secure special privileges or exemptions for the person or for others.
  4. Use the person’s public position to solicit personal gifts or favors.
  5. Use the person’s public position for personal gain.
  6. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action.
  7. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the city council.
  8. Disclose information that was received, discussed, or decided in conference with the city’s legal counsel that is protected by the attorney-client privilege unless a majority of the city council has authorized the disclosure.

 

Subd 2: Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1b. of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter.  Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed.

 

 

 

ORDINANCE #2015-1 cont.

 

 

SECTION 3. COMPAINT, HEARING

 

Any person may file a written complaint with the city clerk alleging a violation of the standards of conduct.  The complaint must contain supporting facts for the allegation.  The city council may hold a hearing after receiving the written complaint or upon the council’s own volition.  A hearing must be held only if the city council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay.  The city council’s determination must be made within 30 days of the city council’s determination.  At the hearing, the person accused must have the opportunity to be heard.  If after the hearing, the council fins that a violation of a standard has occurred or does exist, the council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory board or commission from office.

 

 

SECTION 4. EFFECTIVE DATE

 

This ordinance shall be effective upon its passage and publication according to the law.



 

ORDINANCE #2014-3

 

PROHIBITING EXCESSIVE VEHICLE NOISE, INCLUDING NOISE FROM TRUCKS USING ENGINE RETARDING BRAKES, AND ADOPTING BY REFERENCE MINNESOTA STATUTES SECTIONS 169.69 AND 169.693

AND MINNESOTA RULES PARTS 7030.1000 TO 7030.1050

WITHIN THE CITY OF BROWNSDALE, MINNESOTA

 

 

SECTION 1. DEFINITIONS

 

For the purpose of this ordinance, the following phrases are defined as follow:

 

A. "Engine retarding brake" shall mean a Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake, transmission brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases that compression.

 

B.  "Abnormal or excessive noise" shall mean (a) distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes their enjoyment of property or affects their property's value, (b) noise in excess of that permitted by Minnesota Statutes Section 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order, or (c) noise in excess of that permitted by Minnesota Statutes Section 169.693 and Minnesota Rules parts 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.

 

SECTION 2.

 

It shall be unlawful for any person to discharge the exhaust or per it the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.

 

SECTION 3.

 

It shall be unlawful for the operator of any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.

 

SECTION 4.

 

Minnesota Statutes Sections 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference.

 

SECTION 5.

 

Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this ordinance, except that no sign stating "VEHICLE NOISE LAWS ENFORCED: shall be installed on a state highway without a permit from the Minnesota Department of Transportation.  The provisions of this ordinance are in full force and effect even if no signs are installed.

 

SECTION 6.

 

It is the intention of the City Council that all future amendments to any statutes and rules referenced or adopted by reference in this ordinance are also referenced or adopted by reference as if they had been in existence at this time this ordinance was adopted.

 

SECTION 7.

 

Any person, firm or corporation who violates any prevision of this ordinance shall, upon conviction, be guilty of a petty misdemeanor and punished by a fine of not more than $300.

 

 

SECTION 8. EFFECTIVE DATE


This ordinance shall be effective upon its passage and publication according to the law.

Passed by a vote of Yeas and Nays by the City Council of Brownsdale the 6th day of October, 2014.


ORDINANCE #2014-2

AMENDING ZONING ORDINANCE

WITHIN THE CITY OF BROWNSDALE, MINNESOTA


SECTION 1. DEFINITIONS


An Ordinance amending the City of Brownsdale’s Official Zoning Map, originally adopted on April 4th, 1966, to detach Out Lot 20 EXC W70FT N150.5FT UNREC CONT. SubdivisionName VIL 10 103 17 SubdivisionCd 22003; PIN 22.003.0370  28 acres from the City of Brownsdale into Red Rock Township.


State of Minnesota Office of Administrative Hearings Municipal Boundary Adjustment Unit, In the Matter of D-519 Brownsdale/Red Rock Township Pursuant to MN Statutes 414 completed the Findings of Fact, Conclusions of Law, and Order.


SECTION 2. EFFECTIVE DATE


This ordinance shall be effective upon its passage and publication according to the law.


Passed by a vote of Yeas and Nays by the City Council of Brownsdale the 7th day of July, 2014.









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