06.01 - Req for Appeal-Dog Boarding-Public Hearing

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1%, CHAPTER 1— GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE Section 1 -1.1. APPLICATION The provisions of this Chapter shall be applicable to all the chapters, sections, subdivisions, paragraphs and provisions in the City Code, and the City Code shall apply to all persons and property within the City of Pequot Lakes, Minnesota, and within such adjacent area as may be stated in specific provisions. Section 1 -1.2. DEFINITIONS Unless the language or context clearly indicates that a different meaning is indicated, the following words, terms and phrases, for the purpose of every chapter, section, subdivision, paragraph or provision of this City code, shall have the following meanings and inclusions: 8. "May" - Is permissive. 10. "Ordinance" - An ordinance duly adopted by the City Council of Pequot Lakes, Minnesota. 13. "Premises" - Any lot, piece or parcel of land within a continuous boundary whether publicly or privately owned, occupied or possessed. 15. "Private Property" - All property not included within the definition of public property or public place. 18. "Shall" - Is mandatory. 20. "Violate" - Includes failure to comply with. 21. "Written" and "In Writing" - Any mode of representing words and letters in the English language. Section 1 -1.4. OTHERWISE UNLAWFUL The City Code does not authorize an act or omission otherwise prohibited by law. Section 1 -1.5. SEVERABILITY Every chapter, section, subdivision, paragraph or provision of the City Code shall be, and is hereby declared, severable from every othersuch chapter, section, subdivision, paragraph or provision and if any part or portion of any of them shall be held invalid, it shall not affect or invalidate any other chapter, section, subdivision, paragraph or provision. Comment: Severability Defined - A clause in a contract (or in this case, Code) that allows for any portion of the contract (Code) deemed to be unenforceable does not affect the validity of the contract (Code). A Code with a severability clause is basically one Code divided into many different parts. Default or unenforceability on one component of the Code does not prevent the rest of the Code from being adhered to. If a sentence, clause or term in a Code is deemed invalid, inconsistent or unenforceable, then this "problem area" of the Code will most often be rewritten to fit both the contract's (Code) original intent and requirements. Note: Submission by the City of Pequot Lakes and subsequent public hearing at July 15th's P &Z meeting to amend the ordinance to Exclude Dog Boarding in the RR zone would have been consistent and appropriate with a P &Z denial of the boarding kennel to remove the inconsistency but still preserve the intent of the Code. An over -turn of the P &Z approval can still utilize the clause to preserve and uphold the intent of the Code. CHAPTER 7 — GENERAL OFFENSES ARTICLE 2. DEFINING AND PROHIBITING NUISANCES AND PROVIDING A PENALTY FOR VIOLATION Section 7 -2.1. PUBLIC NUISANCE DEFINED Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: Page 1 of 20