Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
CHAPTER 415. VARIOUS CITY POWERS
| Section | Headnote |
|---|---|
| 415.01 | TOWN LAWS, APPLICATION; USE OF POWERS BY CITY. |
| 415.02 | CHARTER, ORDINANCES; CODIFICATION AS EVIDENCE. |
| 415.021 | CODIFICATION OF ORDINANCES. |
| 415.03 | Repealed, 1949 c 119 s 110 |
| 415.031 | Repealed, 1976 c 44 s 70 |
| 415.032 | Repealed, 1951 c 174 s 1 |
| 415.033 | Repealed, 1976 c 44 s 70 |
| 415.035 | Repealed, 1976 c 44 s 70 |
| 415.04 | Repealed, 1945 c 464 s 2 |
| 415.045 | Repealed, 1949 c 119 s 110 |
| 415.05 | Repealed, 1976 c 44 s 70 |
| 415.06 | Repealed, 1976 c 44 s 70 |
| 415.07 | Repealed, 1976 c 44 s 70 |
| 415.08 | Repealed, 1961 c 561 s 17 |
| 415.10 | CERTAIN CITIES; OFFICIALS; PER DIEM PAYMENTS. |
| 415.11 | SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES. |
| 415.15 | RESIGNING MEMBER CANNOT VOTE FOR SUCCESSOR. |
| 415.16 | EMPLOYMENT; RESIDENCE REQUIREMENT. |
| 415.17 | BUSINESSES THAT VIOLATE ORDINANCES. |
| 415.18 | CITY UNIT MAY PAY FOR PERFORMANCE BONDS. |
415.01 TOWN LAWS, APPLICATION; USE OF POWERS BY CITY.
Subdivision 1. General. A town must not exercise the powers conferred in chapters 365 to
368 within the territory embraced within the limits of any city, but a city has and may exercise
within its limits any of the powers conferred by these chapters upon towns.
Subd. 2. Charges for emergency services. A city may exercise the power under sections
366.011 and 366.012 relating to charges for emergency services only if the city adopts an
ordinance authorizing the manner and amount of charging for those services.
History: (1103) RL s 692; 1973 c 123 art 5 s 7; 2003 c 64 s 1
Subdivision 1. General. A town must not exercise the powers conferred in chapters 365 to
368 within the territory embraced within the limits of any city, but a city has and may exercise
within its limits any of the powers conferred by these chapters upon towns.
Subd. 2. Charges for emergency services. A city may exercise the power under sections
366.011 and 366.012 relating to charges for emergency services only if the city adopts an
ordinance authorizing the manner and amount of charging for those services.
History: (1103) RL s 692; 1973 c 123 art 5 s 7; 2003 c 64 s 1
415.02 CHARTER, ORDINANCES; CODIFICATION AS EVIDENCE.
Any city may cause its charter and all general and special laws, ordinances, resolutions,
rules, and bylaws in force therein to be codified, printed, and published and may declare by
ordinance such codification to be prima facie evidence of the law of such municipality. It shall
thereupon be received in evidence by the courts.
History: (1837) RL s 771; 1973 c 123 art 5 s 7
Any city may cause its charter and all general and special laws, ordinances, resolutions,
rules, and bylaws in force therein to be codified, printed, and published and may declare by
ordinance such codification to be prima facie evidence of the law of such municipality. It shall
thereupon be received in evidence by the courts.
History: (1837) RL s 771; 1973 c 123 art 5 s 7
415.021 CODIFICATION OF ORDINANCES.
A statutory or home rule charter city, or town, may revise and codify and print in book,
pamphlet or newspaper form, any ordinances, resolutions, and rules of the city or town and may
include therein for reference any applicable general or special laws. Such codification shall be a
sufficient publication of any ordinance included in it and not previously published in a newspaper
if a substantial quantity of the codification is printed for general distribution to the public. A copy
of any ordinances adopted by the city or town must be furnished to the county law library or its
designated depository. A city or town, upon request, shall be reimbursed a reasonable charge by
the county law library for a copy furnished.
History: 1957 c 115 s 1; 1969 c 73 s 1; 1984 c 543 s 49; 1990 c 361 s 1; 1995 c 105 s 2
A statutory or home rule charter city, or town, may revise and codify and print in book,
pamphlet or newspaper form, any ordinances, resolutions, and rules of the city or town and may
include therein for reference any applicable general or special laws. Such codification shall be a
sufficient publication of any ordinance included in it and not previously published in a newspaper
if a substantial quantity of the codification is printed for general distribution to the public. A copy
of any ordinances adopted by the city or town must be furnished to the county law library or its
designated depository. A city or town, upon request, shall be reimbursed a reasonable charge by
the county law library for a copy furnished.
History: 1957 c 115 s 1; 1969 c 73 s 1; 1984 c 543 s 49; 1990 c 361 s 1; 1995 c 105 s 2
415.10 CERTAIN CITIES; OFFICIALS; PER DIEM PAYMENTS.
The governing body of any city in which the net tax capacity consists in part of iron ore,
taconite or semitaconite may pay the members of such governing body a per diem in an amount
not to exceed $25 per day nor $250 per year for members of such governing body who are absent
from the municipality in the performance of their duty as municipal officials.
History: 1957 c 246 s 1; 1963 c 158 s 1; 1973 c 57 s 1; 1973 c 123 art 5 s 7; 1988 c 719
art 5 s 84; 1989 c 329 art 13 s 20
The governing body of any city in which the net tax capacity consists in part of iron ore,
taconite or semitaconite may pay the members of such governing body a per diem in an amount
not to exceed $25 per day nor $250 per year for members of such governing body who are absent
from the municipality in the performance of their duty as municipal officials.
History: 1957 c 246 s 1; 1963 c 158 s 1; 1973 c 57 s 1; 1973 c 123 art 5 s 7; 1988 c 719
art 5 s 84; 1989 c 329 art 13 s 20
415.11 SECOND TO FOURTH CLASS CITIES; GOVERNING BODY SALARIES.
Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special
law, charter, or ordinance, the governing body of any statutory or home rule charter city of
the second, third or fourth class may by ordinance fix their own salaries as members of such
governing body, and the salary of the chief elected executive officer of such city, in such amount
as they deem reasonable.
Subd. 2. After next election. No change in salary shall take effect until after the next
succeeding municipal election.
History: Ex1967 c 42 s 1,2; 1976 c 44 s 34
Subdivision 1. Set by ordinance. Notwithstanding the provisions of any general or special
law, charter, or ordinance, the governing body of any statutory or home rule charter city of
the second, third or fourth class may by ordinance fix their own salaries as members of such
governing body, and the salary of the chief elected executive officer of such city, in such amount
as they deem reasonable.
Subd. 2. After next election. No change in salary shall take effect until after the next
succeeding municipal election.
History: Ex1967 c 42 s 1,2; 1976 c 44 s 34
415.15 RESIGNING MEMBER CANNOT VOTE FOR SUCCESSOR.
No resigning member of a city council shall participate in a vote of the council to choose a
person to replace the resigning member.
History: 1974 c 36 s 1
No resigning member of a city council shall participate in a vote of the council to choose a
person to replace the resigning member.
History: 1974 c 36 s 1
415.16 EMPLOYMENT; RESIDENCE REQUIREMENT.
Subdivision 1. No exception for on-premises residence. Notwithstanding any contrary
provision of other law, home rule charter, ordinance or resolution, no statutory or home rule
charter city or county shall require that a person be a resident of the city or county as a condition
of employment by the city or county except for positions which by their duties require the
employee to live on the premises of the person's place of employment.
Subd. 2. Reasonable area or response time requirement. A statutory or home rule charter
city or county, except if it is located in the area defined in section 473F.02, subdivision 2, may
impose a reasonable area or response time residency requirement if there is a demonstrated,
job-related necessity.
Subd. 3. Volunteer or nonprofit firefighters. A statutory or home rule charter city or
county may impose a reasonable residency requirement on persons employed as volunteers or as
members of a nonprofit firefighting corporation if there is a demonstrated, job-related necessity.
The residency requirement must be related to response time and established without regard
to political subdivision boundaries.
History: 1981 c 181 s 1; 1984 c 585 s 1; 1985 c 197 s 1
Subdivision 1. No exception for on-premises residence. Notwithstanding any contrary
provision of other law, home rule charter, ordinance or resolution, no statutory or home rule
charter city or county shall require that a person be a resident of the city or county as a condition
of employment by the city or county except for positions which by their duties require the
employee to live on the premises of the person's place of employment.
Subd. 2. Reasonable area or response time requirement. A statutory or home rule charter
city or county, except if it is located in the area defined in section 473F.02, subdivision 2, may
impose a reasonable area or response time residency requirement if there is a demonstrated,
job-related necessity.
Subd. 3. Volunteer or nonprofit firefighters. A statutory or home rule charter city or
county may impose a reasonable residency requirement on persons employed as volunteers or as
members of a nonprofit firefighting corporation if there is a demonstrated, job-related necessity.
The residency requirement must be related to response time and established without regard
to political subdivision boundaries.
History: 1981 c 181 s 1; 1984 c 585 s 1; 1985 c 197 s 1
415.17 BUSINESSES THAT VIOLATE ORDINANCES.
The governing body of a home rule charter or statutory city may order that a place of
business be closed if it determines that the business conducted at that place was in violation of a
city zoning or licensing ordinance at the time the business was established at that location. The
city must have in place a proper notification procedure and have followed the procedure prior
to requesting the enforcement of this section.
History: 1996 c 430 s 1
The governing body of a home rule charter or statutory city may order that a place of
business be closed if it determines that the business conducted at that place was in violation of a
city zoning or licensing ordinance at the time the business was established at that location. The
city must have in place a proper notification procedure and have followed the procedure prior
to requesting the enforcement of this section.
History: 1996 c 430 s 1
415.18 CITY UNIT MAY PAY FOR PERFORMANCE BONDS.
Subdivision 1. If bond required. When an officer or employee of any statutory or home rule
charter city is required to furnish a fidelity or faithful performance bond, the governing body of
the city, or the board or commission to whom the officer or employee is responsible, may provide
for the payment of the premium on the bond from city funds.
Subd. 1a. Blanket position bond; conditions. In lieu of individual bonds, the governing
body, board or commission may provide for blanket position bonds furnished by a surety company
to cover any officer or employee required to furnish a bond if all of the obligations required
by law, charter, or ordinance to be assumed by the principal and the principal's sureties by an
individual bond are included in the blanket position bond.
Subd. 2. Adds to, prevails over other law. This section is supplementary to other statutory
and charter provisions and supersedes such provisions only to the extent that they restrict or
prohibit action authorized by this section.
History: 1959 c 198 s 1; 1984 c 384 s 2; 1986 c 444
Subdivision 1. If bond required. When an officer or employee of any statutory or home rule
charter city is required to furnish a fidelity or faithful performance bond, the governing body of
the city, or the board or commission to whom the officer or employee is responsible, may provide
for the payment of the premium on the bond from city funds.
Subd. 1a. Blanket position bond; conditions. In lieu of individual bonds, the governing
body, board or commission may provide for blanket position bonds furnished by a surety company
to cover any officer or employee required to furnish a bond if all of the obligations required
by law, charter, or ordinance to be assumed by the principal and the principal's sureties by an
individual bond are included in the blanket position bond.
Subd. 2. Adds to, prevails over other law. This section is supplementary to other statutory
and charter provisions and supersedes such provisions only to the extent that they restrict or
prohibit action authorized by this section.
History: 1959 c 198 s 1; 1984 c 384 s 2; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes