city of Red Wing Resolution No. 6430

RESOLUTION NO. 6430

A Resolution Approving a Summary of

Ordinance No. 32, Fourth Series for Publication

BE IT RESOLVED by the City Council for the City of Red Wing as follows:

1.The City Council hereby approves the following summary of Ordinance No. 32 Fourth Series:

The above referenced Ordinance No. 32 was adopted by the City Council on April 23, 2012 and will go into effect 14 days after its publication. The primary purpose of this ordinance is to reduce the penalty for certain City Code violations from misdemeanors to petty misdemeanors, because the City Council believes that certain violations, such as parking tickets, noise violations, and barking dog violations, are more practically and efficiently dealt with as petty misdemeanors. The following is a list of notable changes:

Chapter 2: Section 2.23 is amended to specify that violations of the Chapter constitute petty misdemeanors, except for violations of Section 2.14, regarding fair housing regulations, which will remain a misdemeanor.

Chapter 3: Sections 3.08 and 3.13 are amended by stating that violations of the Chapter constitute a misdemeanor, unless a more severe penalty is provided by state or federal law.

Chapters 4, 5, 6, 7, 8, 9 and 10: These Chapters are amended to make the penalty provisions uniform and internally consistent.

Chapter 10: The following penalties in Chapter 10 have been amended:

o Section 10.06: A new subdivision 16 has been added to this Section, specifying the penalties for a violation of the cat and dog regulation and licensing provisions of the City Code. All violations have been reduced from misdemeanors to petty misdemeanors, except for the penalties for interfering with the enforcement of this Section and the penalties related to dangerous dogs, which remain misdemeanors.

Section 10.07: This Section is amended to reduce the penalty for a violation of the Miniature Vietnamese Potbellied Pig provision of the City Code from a misdemeanor to a petty misdemeanor.

Section 10.16: A new subdivision 5 has been added to this Section, specifying the penalties for a violation of the Curfew provisions of the City Code. Pursuant to these changes, the first violation constitutes a petty misdemeanor, and the second and any subsequent violations constitute a misdemeanor.

Section 10.17: A new subdivision 4 has been added to this Section, specifying the penalties for a violation of the Noise provisions of the City Code. Pursuant to these changes, the first violation constitutes a petty misdemeanor, and the second and any subsequent violations constitute a misdemeanor.

Section 10.18: This Section is amended as follows:

Subdivision 3: This Subdivision is amended to reduce the penalty for possession of glass beverage containers in public parks from a misdemeanor to a petty misdemeanor.

Subdivision 4: This Subdivision is amended to reduce the penalties for violations of the traffic regulations for public parks from misdemeanors to petty misdemeanors.

Subdivision 5: This Subdivision, which governs recreational activities in public parks, is amended to reduce the penalties for the following violations from misdemeanors to petty misdemeanors:

- Swimming in public parks;

- Improper use of Picnic Facilities;

- Overnight camping or overnight parking of camping vehicles in public parks; and

- Playing games such as baseball, softball, or other identified games outside of designated areas and for golfing in public parks.

Subdivision 6: This Subdivision is amended to reduce the penalties related to fires, improper disposal of inflammable materials, going out onto ice, and dog leash regulations from misdemeanors to petty misdemeanors.

Subdivision 7: This Subdivision is amended to reduce the penalty for being present in a park afterhours from a misdemeanor to a petty misdemeanor.

Section 10.21: This Section is amended to specify the penalties for violating the provision of the City Code regulating Junk Items. Pursuant to these changes, the first violation constitutes a petty misdemeanor and the second and any subsequent violations within a 12-month period constitute a misdemeanor.

2.The Council further determines that publication of a summary of Ordinance No. 32, Fourth Series would clearly inform the public of the intent and effect of the Ordinance.

3.Accordingly the Council hereby resolves and directs that:

a.Only this summary of Ordinance No. 32, Fourth Series shall be published, along with notice that a printed copy of the Ordinance is available for inspection by any person;

b.A full and complete copy of the entire text of the Ordinance is available for inspection at the City Clerk’s office at City Hall, 315 West 4th Street in Red Wing. A full and complete copy of the entire text of the Ordinance shall be posted in the community library between April 24, 2012 and May 24, 2012.

Adopted this 24th day of April, 2012.

/s/ Ralph Rauterkus______________

Ralph Rauterkus, Council President

ATTEST:

__/s/ Kathy Seymour Johnson___________

Kathy Seymour Johnson, MCMC, City Clerk

(seal)

Presented to the Mayor at 9:00 a.m. on this 24th day of April, 2012.

Approved this 24th day of April, 2012.

/s/ Dennis Egan

Dennis Egan, Honorable Mayor

5/2

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