The MBC, and any supplement to it, must be adopted by ordinance before it is effective.A model Ordinance Adopting the Minnesota Basic Code of Ordinances for Statutory Cities can be found in Appendix III. The model ordinance is designed for use by statutory cities. Home rule charters may have different provisions for the adoption of the MBC by reference, and the attorney for a home rule charter city should draft the ordinance adopting the MBC for that city.
The MBC Model Adopting Ordinance must be adopted at a meeting of the City Council by a majority vote of the whole council. In general, no public hearing is required (except as noted below or as required by City Charter) prior to adoption of the MBC. Statutory and home rule charter cities are required, under Minn. Stat. § 415.19, to provide notice of most proposed ordinances and proposed amendments to ordinances at least ten days before the city council meeting at which the proposed ordinance or proposed amendment is scheduled for a final vote.
In addition, state law requires the city to take additional steps to adopt ordinances on specific subjects:
• Zoning Ordinance Adoption: MBC Chapter 151
Cities who adopt MBC Chapter 151 must comply with M.S. § 462.357 Subd 3. The City Council (or Planning Commission if one exists) must hold a public hearing on the zoning ordinance. Notice of the time, place and purpose of the public hearing must be published in the city's official newspaper at least ten days prior to the hearing.
• Garbage and Rubbish Adoption: MBC Chapter 53
Cities who have never previously regulated organized garbage collection (under the MBC or a previous city ordinance) must comply with the requirements of M.S. § 115A.94. Before implementing an ordinance, franchise, license, contract, or other means of organizing collection, the city must adopt a resolution establishing an organized collection options committee pursuant to M. S. § 115A.94 subd. 4a, to identify, examine, and evaluate various methods of organized collection. The governing body shall appoint the committee members. The organized collection options committee shall issue a report on the committee’s research, findings, and any recommendations to the governing body of the city.
The governing body of the city shall consider the report or recommendations of the organized collections options committee. The governing body must give public notice and hold at least one public hearing before deciding whether to implement organized collection. Organized collection may not begin sooner than six months after the effective date of a decision by the governing body of the city to implement organized collection.
Pursuant to M. S. § 115A.94 subd. 4d, cities with more than one licensed collector shall notify the public and all licensed collectors in the community before establishing the organized collections options committee. The city must provide a 60-day period in which meetings and negotiations shall occur exclusively between licensed collectors and the city to develop a proposal in which interested licensed collectors, as members of an organization of collectors, collect solid waste from designated sections of the city. The proposal shall include identified city priorities, including issues related to zone creation, traffic, safety, environmental performance, service provided, and price, and shall reflect existing haulers maintaining their respective market share of business as determined by each hauler’s average customer count during the six months prior to commencement of the 60-day negotiation period. If an existing hauler opts to be excluded from the proposal, the city may allocate customers proportionally based on market share to the participating collectors who choose to negotiate. If the city and licensed collectors agree to establish organized collection, the city is not required to form the organized collection options committee, but the city is still required to give public notice and hold at least one public hearing before implementing organized collection.
• Liquor Licensing and Regulation Ordinance Adoption: MBC Chapter 112
If the city has never before licensed liquor, the city should confirm that it is a "wet" city under M.S. § 340A.416. Adoption of the MBC alone will not convert a "dry" city into a "wet" city. If the city is "dry," residents of the city may have to vote on the issue in what is known as a local option election to authorize the city to issue intoxicating liquor licenses.
