STEP SIX DECIDE TO ACTIVATE OPTIONAL SECTIONS OF THE ADOPTED MBC  


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  • The City should be aware that even after adopting the MBC Model Adopting Ordinance three sections do not take effect without further city action. These sections require further action to become active and enforceable regulations, if the city so chooses. The sections are as follows:
    • Peddlers and Solicitors, Chapter 113.
    This section of the MBC gives the city the option to license peddlers and solicitors. In order to begin licensing peddlers and solicitors the city must adopt a resolution activating the licensing provisions of this ordinance. A model resolution is found in Appendix V. No public hearing or publication is needed prior to adopting the resolution.
    If the city does not wish to license peddlers and solicitors, the city does not need to activate this section. However, the MBC does still provide some regulation of peddlers and solicitors. MBC § 113.08 and 113.09 are automatically in effect upon adoption of the whole MBC. These two sections prohibit nuisance type conduct by peddlers and allow city residents to exclude peddlers by posting a placard on their property.
    Zoning, Subdivision, Anti-Blight Regulation; (Adult Use Zoning Regulation), Title XV.
    The Zoning, Subdivision and Anti-Blight Regulations are not "active" and enforceable until the city adopts a zoning map. The zoning map delineates the location of the zoning districts discussed in the zoning chapter. The zoning map must be adopted by ordinance after a public hearing held by the City Council (or Planning Commission if one exists). 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.
    Supplemental Administrative Penalties, Chapter 10
    This section of the MBC allows the city to adopt a schedule of administrative penalties via resolution. Penalties must be consistent with the requirements of M.S. § 169.999. A model resolution can be found in Appendix VI