2001-03-06 P & Z Agenda - Laserfiche WebLink

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3. Curfew. If a county has a curfew ordinance, a city can only be more restrictive. M. S. S 145A.05, Subds. 7a and 9. Curfew ordinances must not be unduly restrictive of individual liberties by violating the First Amendment (freedom of speech, religion, assembly and association) and the Fifth Amendments (due process). See the League's Curfew Memo I 65. I for more information. 4. Adult uses. The more consistent an ordinance is with state law regulating the same conduct, the more defensible. There is considerably more case law interpreting state law than there is interpreting ordinances. If prosecution for violation of statutory prohibited conduct is desired under an ordinance, then either adopt the statute by reference or follow the statutory language of shorter statutes. Ordinances which are Inconsistent with or Not Authorized by State Law. State law is constantly changing. Review the League's Summary of New Laws after each session. 1. Licensing Retail Sales of Tobacco. M. S. S 461.12 requires a licensing authority to establish a process for imposing administrative penalties for sale of tobacco to minors, requires the licensing authority to establish alternative penalties for minors who purchase tobacco, and requires the licensing authority to conduct compliance checks. Thus, a city requiring city licenses for the retail sale of tobacco must conform to these provisions of state law, whether or not they are provided for in the city's ordinance. 2. Licensing Auctioneers. Notwithstanding the provisions ofM. S. S 412.221, Subd. 19, cities are prohibited by M. S. S 330.025 from licensing auctioneers if the county licenses auctioneers. 3. State licensed activity. Sometimes state law prohibits local licensing of particular businesses or occupations. Before adopting an ordinance licensing an activity, check to see if lhe state requires a license and if there is a prohibition against local licensing. 4. 60 Day Rule. Cities are required to issue or deny zoning permits, rezoning petitions, and to approve or deny other land use related applications within 60 days after a complete application is received or they will be deemed approved. There are provisions in the law for extension of this time limit. Most city zoning ordinances have built in time limits which, if followed, would result in a timeline which exceeds that permitted by law. See Manco of Fairmont v. Town Board of Rock Dell Township, 583 N. W. 2d 293 (Minn. App. 1998). Timelines should not be included in land use ordinances. What happens if the city fails to follow its own timelines? Is the application automatically deemed approved? 5. 120 Day Rule. M. S. S 462.358 requires that preliminary approval of an application for a preliminary plat must be given within 120 days unless both the city and the applicant agree to 6. 3