Chapter 101 Official City Code
Upon adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Roseville. This City Code of ordinances shall be known and cited as the ROSEVILLE CITY CODE and is hereby published by authority of the City Council and shall be supplemented to incorporate the most recent legislation of the City as provided in Section 101.04 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents. (1995 Code)
The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect. (1995 Code)
Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and said ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code. (1995 Code)
101.04: CODE ALTERATIONS:
It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The City Manager shall see that the replacement pages are properly inserted in the official copies maintained in the office of the City Manager. (1995 Code)
101.05: COURT PROCEEDINGS:
A. Violations of Former Ordinances: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not. Any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect shall be governed by the former ordinance. Proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.
B. Application of Provisions: This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.
C. Effect of Provisions: Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed. The provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provisions. This Chapter shall not be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person or as waiving any right of the City under any ordinance or provision in force at the time of the adoption of this City Code. (1995 Code)
101.06: SEVERABILITY CLAUSE:
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (1995 Code)
101.07: CONSTRUCTION OF WORDS:
Rules of Construction: When interpreting this Code, the following rules of construction shall be applied, except where the application of any rule of construction would result in an interpretation clearly contrary to the plain intent of a provision or of any section or chapter in which a given provision appears. The rules are as follows:
1. Common Usage: All words and phrases used in this Code shall be interpreted and understood in accordance with the common and acceptable usage, but any technical words and phrases, or such others which have acquired a specific or peculiar meaning, shall be interpreted and understood in accordance with such technical, specific or peculiar meaning.
2. Gender; Singular and Plural: If any word in this Code expresses male or female gender, it shall be extended to and shall be applied to both genders and every word expressing the plural number shall extend to and be applied to one person or thing as well as several persons or things.
3. Tenses: The use of any verb in the present tense shall include the future when applicable and the use of any verb in the future tense shall include the present when applicable.
B. Application of Minnesota Statutes: In addition to the rules of construction contained in subdivision A hereof, the rules and canons of construction, presumptions and miscellaneous provisions pertaining to construction contained in Minnesota Statutes chapter 645 governing statutory construction are hereby adopted by reference and made a part hereof as if fully set forth herein. All references contained in these statutory provisions to laws and statutes shall be construed to apply and refer to the provisions of this Code and all references to the legislature shall be construed to apply to the City Council or appropriate governing body.
C. Changes for Clarification: The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title", "Chapter", "Section" and/or "subdivision" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. (1995 Code)