2002 Minnesota Statutes

     18.061 Mosquito abatement; procedure.  

    Subdivision 1.    Establishing local board.  Any 
 governmental unit in this state shall have power to engage in 
 mosquito abatement and to establish a mosquito abatement board 
 (a) upon the adoption of a resolution to that effect by the 
 governing body thereof, or (b) upon the adoption of a proposal 
 to that effect by the voters of the governmental unit in the 
 manner provided in subdivision 2.  

    Subd. 2.    Petition; hearing; election.  If a petition 
 signed by five percent of the freeholders in a governmental unit 
 according to the last assessment list, or 250 such freeholders, 
 whichever is the lesser number, is presented to the governing 
 body of any governmental unit requesting it to engage in 
 mosquito abatement a public hearing shall be held thereon by the 
 governing body within 15 days after the presentation of the 
 petition and, if said governing body does not within 15 days 
 thereafter adopt a resolution to undertake mosquito abatement, 
 and if such petitioners within 15 days thereafter pay to the 
 governing body the cost of publishing notice of the election, 
 the governing body to whom the petition is addressed shall order 
 a vote to be taken at the next regular election in the 
 governmental unit (or town meeting in the case of the town) on 
 the proposal to undertake mosquito abatement within said 
 governmental unit.  The governing body shall provide ballots to 
 be used at the election or meeting.  The ballot shall bear the 
 words "Shall the (governmental unit) of ................ engage 
 in mosquito abatement?"  The question shall be followed with a 
 line with the word "Yes" and a square after it and another line 
 with the word "No" and a square after it.  The voters shall 
 indicate their choice by placing a cross mark in one of said 
 squares and a direction to so indicate their choice shall be 
 printed on the ballot.  Such ballot shall be deposited in a 
 separate ballot box to be provided and the result of such voting 
 shall be duly canvassed, certified, and returned in the same 
 manner and at the same time as other facts and returns of the 
 election.  If the majority of the electors voting on the 
 question vote in the affirmative, the governing body shall take 
 appropriate action as soon as possible to carry on mosquito 
 abatement.  If a proposal to undertake mosquito abatement be 
 rejected by the voters it shall not be resubmitted to the voters 
 for two years.  

    Subd. 3.    Discontinuing program.  Whenever any 
 governmental unit by action of its governing body or voters 
 shall have voted to engage in mosquito abatement, such abatement 
 program may be discontinued in the following manner:  (a) If the 
 mosquito abatement was originally undertaken by resolution of 
 the governing body, then by the adoption of a resolution to that 
 effect by the governing body, or by the adoption of a proposal 
 to that effect by the voters of the governmental unit in the 
 manner provided in subdivision 4; and (b) if the mosquito 
 abatement was originally undertaken by the adoption of a 
 proposal to that effect by the voters of the governmental unit, 
 then only by the adoption of a proposal to that effect by the 
 voters of the governmental unit in the manner provided in 
 subdivision 4.  

    Subd. 4.    Petition; hearing; and election to 
 discontinue.  If a petition signed by five percent of the 
 freeholders in a governmental unit according to the last 
 assessment list, or 250 such freeholders, whichever is the 
 lesser number, is presented to the governing body of any 
 governmental unit engaged in mosquito abatement requesting it to 
 discontinue mosquito abatement a public hearing shall be held 
 thereon by the governing body within 15 days after presentation 
 of the petition, and if said governing body does not within 15 
 days thereafter adopt a resolution to discontinue mosquito 
 abatement, and if such petitioners within 15 days thereafter pay 
 to the governing body the cost of publishing notice of the 
 election, the governing body to whom the petition is addressed 
 shall order a vote to be taken at the next regular election in 
 the governmental unit (or town meeting in the case of a town) on 
 the proposal to discontinue mosquito abatement within said 
 governmental unit.  The governing body shall provide ballots to 
 be used at the election or meeting.  The ballot shall bear the 
 words "Shall the (governmental unit) of ................ 
 discontinue mosquito abatement?"  The question shall be followed 
 with a line with the word "Yes" and a square after it and 
 another line with the word "No" and a square after it.  The 
 voters shall indicate their choice by placing a cross mark in 
 one of said squares and a direction to so indicate their choice 
 shall be printed on the ballot.  Such ballot shall be deposited 
 in a separate ballot box to be provided and the result of such 
 voting shall be duly canvassed, certified and returned in the 
 same manner and at the same time as other facts and returns of 
 the election.  If a majority of the electors voting on the 
 question vote in the affirmative, the governing body shall take 
 appropriate action as soon as possible to discontinue mosquito 
 abatement.  If a proposal to discontinue mosquito abatement be 
 rejected by the voters it shall not be resubmitted to the voters 
 for two years.  

    HIST: 1949 c 404 s 3