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

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13. Political signs. State law, M. S. S 211B.045, provides "All non-commercial signs of any size may be posted from August I in a state general election year until ten days following the state general election." 14. Personnel policies in ordinances. A personnel policy contained in an ordinance is binding on the city until the ordinance is amended or repealed, and can not be modified in individual circumstances by council resolution or motion. 15. Destroying Animals. Unlawful destruction of animals often creates a severe liability problem for cities. There are three statutes relating to the time an animal must be kept before it is destroyed or otherwise disposed of. This is the language the League suggests: "All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal as defined under M. S. SS 347.50 to 347.54, in which case it shall be kept for seven days, and except if the animal is a cruelly-treated animal under M. S. SS 343.20 to 343.235, in which case it shall be kept for ten days, unless sooner reclaimed by their owners or keepers. The owner shall pay the costs incurred in confining, impounding and disposing of the animal." 16. Barking Dogs. In order to enforce an ordinance prohibiting barking, the ordinance must contain an objective standard to indicate what is unacceptable barking, some type of measure that defmes at what point an animal becomes a noisy nuisance. Five full minutes of continuous barking, whining or howling may be a constitutionally acceptable standard. See City of Edina v. Dreher, 454 N.W. 2d 621 (Minn. App. 1990). The League has a model animal control ordinance. See also "FluffY, Fido & Igor: Animal Control Ordinances" a 1999 League memo. 17. Public Dances. The laws requiring all cities to regulate public dances (formerly M. S. SS 624.42 to 624.54) was repealed in 1989, but many cities still have these old ordinances on their books that prohibit same sex dancing and dancing in a "indecent and immoral" manner. Cities are authorized to regulate public dances under M. S. 412.221, Subd. 27, but cities should not restrict first amendment freedoms by their regulations. The League has a model ordinance regulating public dances. Helpful Hints 1. Do not require city employees by ordinance to do something. Ordinances are not to regulate the conduct of city employees (unless the city wants to prosecute them for violations), but to regulate the conduct of residents, property owners, businesses and others in the community. An employee is liable for failure to perform a ministerial duty in some circumstances. For purposes of determining whether a public official's actions are entitled to official immunity, a ministerial duty is one in which nothing is left to discretion. A clear mandate contained in a city ordinance creates a ministerial duty. See Wiederholt v. City of Minneapolis, 581 N. W. 2d 312 (Minn. 1998). 5