Burlington City Council Meeting

November 2 2020 @ 7pm

Present J Kabanuk, R Kremer, S

Skees, Z Walker, J Cannon, L

Brooks, P Samson, K Crabb, T

Pasterz, M Glines and C Miller. Ab-

sent: J Casavant. Cannon moved to

approve October 2020 minutes,

Walker second, motion carried. Can-

non move to approve payroll and

bills, Walker second, motion carried.

Joshua Nelson appeared asking if

he can sell firearms from his home

to family and friends, Walker moved

to have attorney Glines research the

matter, Kremer second motion car-

ried. Mike Patterson appeared ask-

ing if the City of Burlington owned

the green spaces in Harvest Heights

and if so could property owners do

landscaping or use it without per-

manent structures. No movement

was made from the City of Burling-

ton as we do not own the properties

in question. Rick Schloesser ap-

peared requesting a variance. Mr.

Schloesser was informed the next

step is to provide an appraisal of the

existing structure to the City of Bur-

lington or to the city building inspec-

tor. The engineers report was

presented Mr. Schloesser is re-

questing a meeting to determine

what work is needed to bring his

property into compliance with City

Ordnance. Evaluate the property the

following is needed, current topogra-

phy and hydraulic model. The

MREFPP Phase BU-1: Seepage

cutoff wall will be completed, sewers

have been jetted, working with pro-

perty owners that had sewer back-

ups. Work on Colton Avenue, rec

area water loop and sewer FM

tie-ins on- going over the next cou-

ple weeks. Work on lift station is ex-

pected to begin this month. Update

municipal utility maps, field locates

completed east of the CP RR. Ord-

nance section 18-301 1st reading

passed 10/8/20. 2nd reading passed

11/2/20, Kremer moved to approve

the 2nd reading of ordinance section

18-301 as submitted, Walker

second, motion carried. Brevik re-

plat, Walker move to approved as

presented, Cannon second motion,

carried Houepel replat, Cannon

move to approve as presented,

Walker second, motion carried.

Building permits 890 Mint Construc-

tion bedroom addition 8100 County

Rd 12 W $391. Permit 891 Octane

Construction single family home lot

6 B and 7A Heights Ave $3803, Kre-

mer moved to approve permits,

Walker second, motion carried.

Checks number 21754 -21784, ND

Dept of Trans 5- payroll 4229.09,

POST 45, UNUM 38.73,

Ackerman-Estvold 8357.50, Burling-

ton Electric 95, Napa 74.62, Acme

tools 232.50, ND Guaranty 251.95,

K Bentrup 13.05, NW Tire 607.16,

ND State Water Comm 6278.40,

Boppre Law 5567.50, Circle San

6671.80, Farmers Union 106.20,

Streicher’s 97.98, Ward Co Auditor

3090, Share Corp 255.14, First Dist

Health 185, K Crabb 133.40, J

Anderson 100, K Grinsteiner 9, J

Gruneberg 30, 1 Call Concepts 9.60,

Gravel Products 717.48, Mid States

Wireless 550, Auto pay 2162

through 2177, US Treas 9020.78,

Verizon 183.16, ND Job Service 25,

Xcel $2513.54, SRT 705.30, Midco

95, payroll 23333.30, Aflac 247.38,

MDU 155.74, BCBS 3069.34, AT&T

59.57, Verendrye Elec 656.37, Visa

1894.87, NDPERS 5597.01 Total

85,310.46. 7:50 pm Kremer move to

adjourn, Cannon second motion car-

ried . Mary Lynn Brooks, Auditor

(December 12, 2020)

MINUTES OF THE SOUTH

PRAIRIE SCHOOL BOARD OF

EDUCATION

Regular Meeting, South Prairie

School, via Zoom November 10,

2020.

1. Call Meeting to Order

President Randy Korslien called the

meeting to order at 6:32 p.m. Other

members present; Sheila Lindbo,

Chad Mosser, Steve Eberle and

Curt Olson. Also present; Wayne

Stanley, Superintendent, Principal

Darwin Routledge, Principal Delwyn

Groninger and Business Manager

Barb Magnuson.

2. Consent Agenda

2.1 Approve Agenda (order and/or

delete of items)

2.2 Approve Meeting Minutes

(10/12/2020)

2.3 Pay Bills/Pay Warrants (see en-

closed Warrant List)

Moved by Eberle, seconded by Ol-

son to the consent agenda. Carried

unanimously.

3. Communications/Correspondence

4. Reports

Business Manager’s Report – Mrs.

Magnuson

Discussed additional grant funds

available under the CARES Act

(Resiliency Grant). CARES Ed Corp

grant, we received funds for ex-

penses through October. First quar-

ter SRCL grant dollars have been

approved.

Principals Report

Mr. Groninger: We have 12 quaran-

tine home school students and 6

staff members currently out. Mapes

testing will only be the 8th graders

this fall.

Mr. Routledge: No staff out and stu-

dents doing well right now. Working

on next years schedule. Looking

forward to the new space as we are

very cramped.

Superintendent’s Report – Mr. Stan-

ley: Enrollment numbers are steady. Quarter break we had some in/out

with distance learning. We received

a donation from a patron to install

video system in the gyms for games

to be viewed online. Construction

upstairs should be complete next

week, first level the following week.

Finance Committee: Discussion was

had regarding additional expendi-

tures due to COVID. With the addi-

tional federal grant dollars our audit

may need to change.

Policy Committee: Start reviewing

policy section by section. Review the

recommendations versus the re-

quired.

5. Public Comment-none

6. Old Business

7. New Business.

7.1 Resignation: Lindbo motioned to

accept Mr. Roedocker’s letter resig-

nation, effective May 21, 2021,

seconded by Eberle. Carried unani-

mously.

7.2 Superintendent Evaluation: Mo-

tion to approve the fall review as

presented by Mosser, seconded by

Lindbo. Carried unanimously. Olson

thanked Mr. Stanley and the staff for

all the hard work during this difficult

time.

7.3 Tuition waiver/Open enrollments:

Eberle motioned to accept the open

enrollment to Minot Public, family

who attends South Prairie but just

moved out of district and denied

family who wants to open enroll in

South Prairie in the middle of the

school year, seconded by Olson.

Carried unanimously.

7.4 Teaching Contract: Lindbo

motioned to approve the winter ex-

tracurricular contracts and ELL in-

structor, seconded by Eberle. Car-

ried unanimously.

7.5 Set Graduation Date: Eberle

motioned to approve graduation for

Sunday, May 23, 2021 at 2:30,

seconded by Olson. Carried unani-

mously.

7.6 1st Reading of Policy Updates:

AAC, ABEA, ABEC, ACBB, FFE: 1st

reading approved by Lindbo,

seconded by Olson. Carried unani-

mously.

8. Information/Discussion

8.1 Enrollment Update: Discussed in

Superintendent report

8.2 Homeless Liaison: Mosser

motioned that Mr. Groninger is to be

our Homeless Liaison, seconded by

Lindbo. Carried unanimously.

Motion to adjourn by Eberle,

seconded by Lindbo.

Meeting adjourned at 7:26 p.m.

/s/Randy Korslien

Randy Korslien, President

/s/Barb Magnuson

Barb Magnuson, Business Manager

12-8-20 Minutes Approved.

(December 12, 2020)

NOTICE OF EXECUTION SALE

Civil No. 51-2020-CV-00078

IN DISTRICT COURT, WARD

COUNTY, NORTH DAKOTA

The Industrial Commission of North

Dakota, acting as the North Dakota

Housing Finance Agency,

Plaintiff,

vs.

Connie F. Smith, single woman; and

any other person in possession;

Defendants.

NOTICE IS HEREBY GIVEN, that

by virtue of a judgment and decree

of foreclosure rendered and given in

the District Court in and for the

County of Ward, North Dakota,

North Central Judicial District, en-

tered and docketed in the Office of

the Clerk of said Court on November

17, 2020, in an action wherein The

Industrial Commission of North

Dakota acting as the North Dakota

Housing Finance Agency, was

Plaintiff and Connie F. Smith, single

woman; and any other person in

possession; were the Defendants;

on which day it was adjudged that

there was due and owing the Plain-

tiff from the Defendant, Connie F.

Smith, single woman; together with

costs and disbursements of said ac-

tion, the sum of $128,603.70, and by

virtue of a Special Execution issued

to me by the Clerk of said Court, I

will sell the real property described

in said judgment and hereafter

described to the highest bidder for

cash at public auction at the front

door of the Courthouse in the City of

Minot, County of Ward, North Dako-

ta, on January 27, 2021, at the hour

of 10:00 a.m. of that day to satisfy

the amount due with accrued costs

and interest at the date of sale, or so

much thereof as the proceeds of

said sale applicable thereto will

satisfy.

The premises to be sold as afore-

said are situated in the County of

Ward, State of North Dakota, and

are more particularly described as

follows:

Lot 5, Shirley’s Subdivision to the

City of Minot, Ward County, North

Dakota.

APN #: MI13.373.000.0050

(Street Address: 5 Shirley Court,

Minot, North Dakota 58703).

Dated at Minot, North Dakota, this

4th day of December, 2020.

Robert Roed

Sheriff of Ward County,

North Dakota

/s/ Jamie Williams

Lieutenant Jamie Williams

Dean A. Rindy ND ID# 04206

Special Assistant Attorney General

Attorney for Plaintiff

720 Main Avenue

Fargo, ND 58103

701.235.8000

dean@okeeffeattorneys.com

(December 12-19-26, 2020)

NOTICE OF EXECUTION SALE

Civil No. 51-2019-CV-02171

IN DISTRICT COURT, WARD

COUNTY, NORTH DAKOTA

The Industrial Commission of North

Dakota, acting as the North Dakota

Housing Finance Agency,

Plaintiff,

vs.

Jermey J. Simmons and Allyssa J.

Simmons, husband and wife; and

any other person in possession;

Defendants.

NOTICE IS HEREBY GIVEN, that

by virtue of a judgment and decree

of foreclosure rendered and given in

the District Court in and for the

County of Ward, North Dakota,

North Central Judicial District, en-

tered and docketed in the Office of

the Clerk of said Court on November

6, 2020, in an action wherein The In-

dustrial Commission of North Dakota

acting as the North Dakota Housing

Finance Agency, was Plaintiff and

Jermey J. Simmons and Allyssa J.

Simmons, husband and wife; and

any other person in possession;

were the Defendants; on which day

it was adjudged that there was due

and owing the Plaintiff from the De-

fendants, Jermey J. Simmons and

Allyssa J. Simmons, husband and

wife; together with costs and dis-

bursements of said action, the sum

of $136,134.46, and by virtue of a

Special Execution issued to me by

the Clerk of said Court, I will sell the

real property described in said judg-

ment and hereafter described to the

highest bidder for cash at public

auction at the front door of the

Courthouse in the City of Minot,

County of Ward, North Dakota, on

January 27, 2021, at the hour of

10:00 a.m. of that day to satisfy the

amount due with accrued costs and

interest at the date of sale, or so

much thereof as the proceeds of

said sale applicable thereto will

satisfy.

The premises to be sold as afore-

said are situated in the County of

Ward, State of North Dakota, and

are more particularly described as

follows:

Lot 22, LESS the South 7 1/2 feet

thereof, all of Lot 23 and the S1/2 of

Lot 24, all in Block 86, Brooklyn

Addition to the City of Minot, Ward

County, North Dakota.

APN #: MI230218600230

(Street Address: 1009 6th Street

SW, Minot, ND 58701).

Dated at Minot, North Dakota, this

4th day of December, 2020.

Robert Roed

Sheriff of Ward County,

North Dakota

/s/ Jamie Williams

Lieutenant Jamie Williams

Dean A. Rindy ND ID# 04206

Special Assistant Attorney General

Attorney for Plaintiff

720 Main Avenue

Fargo, ND 58103

701.235.8000

dean@okeeffeattorneys.com

(December 12-19-26, 2020)

NOTICE OF EXECUTION SALE

Civil No. 51-2020-CV-00933

IN DISTRICT COURT, WARD

COUNTY, NORTH DAKOTA

The Industrial Commission of North

Dakota, acting as the North Dakota

Housing Finance Agency,

Plaintiff,

vs.

Glenn Hanson, a single man, de-

ceased; and all persons unknown,

claiming any estate or interest in, or

lien or encumbrance upon, the real

estate described in the compliant;

Defendants.

NOTICE IS HEREBY GIVEN, that

by virtue of a judgment and decree

of foreclosure rendered and given in

the District Court in and for the

County of Ward, North Dakota,

North Central Judicial District, en-

tered and docketed in the Office of

the Clerk of said Court on October

28, 2020, in an action wherein The

Industrial Commission of North

Dakota acting as the North Dakota

Housing Finance Agency, was

Plaintiff and Glenn Hanson, a single

man, deceased; and all persons

unknown, claiming any estate or in-

terest in, or lien or encumbrance

upon, the real estate described in

the complaint; were the Defendants;

on which day it was adjudged that

there was due and owing the Plain-

tiff from the Defendant, Glenn Han-

son, a single man; together with

costs and disbursements of said ac-

tion, the sum of $107,808.14, and by

virtue of a Special Execution issued

to me by the Clerk of said Court, I

will sell the real property described

in said judgment and hereafter

described to the highest bidder for

cash at public auction at the front

door of the Courthouse in the City of

Minot, County of Ward, North Dako-

ta, on January 27, 2021, at the hour

of 10:00 a.m. of that day to satisfy

the amount due with accrued costs

and interest at the date of sale, or so

much thereof as the proceeds of

said sale applicable thereto will

satisfy.

The premises to be sold as afore-

said are situated in the County of

Ward, State of North Dakota, and

are more particularly described as

follows:

North 120 feet of Lot 34, Hecker’s

Addition to the City of Minot, Ward

County, North Dakota.

Parcel ID Number:

M1241450000341

(Street Address: 614 Valley Street,

Minot, ND 58701)

Dated at Minot, North Dakota, this

4th day of December, 2020.

Robert Roed

Sheriff of Ward County,

North Dakota

/s/ Jamie Williams

Lieutenant Jamie Williams

Dean A. Rindy ND ID# 04206

Special Assistant Attorney General

Attorney for Plaintiff

720 Main Avenue

Fargo, ND 58103

701.235.8000

dean@okeeffeattorneys.com

(December 12-19-26, 2020)

NOTICE OF EXECUTION SALE

Civil No. 51-2020-CV-00979

IN DISTRICT COURT, WARD

COUNTY, NORTH DAKOTA

The Industrial Commission of North

Dakota, acting as the North Dakota

Housing Finance Agency,

Plaintiff,

vs.

Jonathan E. Rowe, a single man;

and any other person in possession;

Defendants.

NOTICE IS HEREBY GIVEN, that

by virtue of a judgment and decree

of foreclosure rendered and given in

the District Court in and for the

County of Ward, North Dakota,

North Central Judicial District, en-

tered and docketed in the Office of

the Clerk of said Court on November

9, 2020, in an action wherein The In-

dustrial Commission of North Dakota

acting as the North Dakota Housing

Finance Agency, was Plaintiff and

Jonathan E. Rowe, a single man;

and any other person in possession;

were the Defendants; on which day

it was adjudged that there was due

and owing the Plaintiff from the De-

fendant, Jonathan E. Rowe, a single

man; together with costs and dis-

bursements of said action, the sum

of $220,179.92, and by virtue of a

Special Execution issued to me by

the Clerk of said Court, I will sell the

real property described in said judg-

ment and hereafter described to the

highest bidder for cash at public

auction at the front door of the

Courthouse in the City of Minot,

County of Ward, North Dakota, on

January 27, 2021, at the hour of

10:00 a.m. of that day to satisfy the

amount due with accrued costs and

interest at the date of sale, or so

much thereof as the proceeds of

said sale applicable thereto will

satisfy.

The premises to be sold as afore-

said are situated in the County of

Ward, State of North Dakota, and

are more particularly described as

follows:

Lot 8, Block 2, Dacotah Homes First

Addition to the City of Minot, Ward

County, North Dakota, plus 1/2

adjacent vacated alley.

APN: MI220560200080

(Street Address: 104 24th Street

SW, Minot, ND 58701)

Dated at Minot, North Dakota, this

4th day of December, 2020.

Robert Roed

Sheriff of Ward County,

North Dakota

/s/ Jamie Williams

Lieutenant Jamie Williams

Dean A. Rindy ND ID# 04206

Special Assistant Attorney General

Attorney for Plaintiff

720 Main Avenue

Fargo, ND 58103

701.235.8000

dean@okeeffeattorneys.com

(December 12-19-26, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00192

IN THE DISTRICT COURT OF

WARD COUNTY STATE OF

NORTH DAKOTA

In the Matter of the Estate of

JOANNE MARGARET

FURSTENEAU, Deceased

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the deceased are required

to present their claims within three

(3) months of the first publication or

mailing of this notice or the claims

will be forever barred. Claims must

either be presented to DOUGLAS F.

FURSTENEAU and DARLA J.

RODER, personal representatives of

the estate, Douglas F.

Fursteneau,123 18th St NW, Minot

ND 58703, Darla J. Roder, 11027

County Road 24, Langdon ND

58249 or filed with the Court.

Dated this 1st day of December

2020.

/s/Douglas F. Fursteneau

DOUGLAS F. FURSTENEAU,

Personal Representative

123 18th St NW

Minot ND 58703

/s/Darla J. Roder

DARLA J. RODER,

Personal Representative

11027 County Road 24

Langdon ND 58249

(December 5-12-19, 2020)

NOTICE TO CREDITORS

Probate No. 51-2020-PR-00229

IN THE DISTRICT COURT OF

WARD COUNTY, STATE OF

NORTH DAKOTA

In the Matter of the Estate of

GERALD M. MAHONEY, Deceased.

NOTICE IS HEREBY GIVEN that

the undersigned has been appointed

personal representative of the above

estate. All persons having claims

against the said deceased are re-

quired to present their claims within

three months after the date of the

first publication or mailing of this no-

tice or said claims will be forever

barred. Claims must either be

presented to SUSAN SCHMIDT,

Personal Representative of the

estate, at 2525 Elk Drive, P.O. Box

1000, Minot ND 58702-1000, or filed

with the Court.

Dated this 30th day of November,

2020.

/s/Susan Schmidt

Susan Schmidt

Debra L. Hoffarth – #05668

PRINGLE & HERIGSTAD, P.C.

2525 Elk Drive

P.O. Box 1000

Minot, ND 58702-1000

dhoffarth@pringlend.com

Attorneys for: Personal

Representative

(December 12-19-26, 2020)

ORDINANCE No. 235

AN ORDINANCE AMENDING AND

RESTATING ORDINANCE NO. 235

REGULATING CONDUCT ON FA-

CILITIES OWNED OR OPERATED

BY THE PARK DISTRICT OF THE

CITY OF MINOT; PROVIDING FOR

ENFORCEMENT; AND PRESCRIB-

ING PENALTIES FOR THE VIOLA-

TION OF ITS PROVISIONS.

Be It Enacted by The Board of Park

Commissioners of The Park District

of The City of Minot:

Section 1. Short Title.

This ordinance shall be known and

may be cited as the “Ordinance Re-

gulating Conduct.”

Section 2. Definitions.

For the purposes of this ordinance

the following terms, phrases, words,

and their derivations shall have the

meaning given herein. When not in-

consistent with the context, words

used in the present tense include the

future, words in the plural number in-

clude the singular number, and

words in the singular number include

the plural number. The word “shall”

is always mandatory and not merely

directory.

City Ordinances means those gen-

eral ordinances duly enacted by the

City of Minot, which (a) regulate the

behavior of private persons, and (b)

apply generally throughout the City.

Director means Executive Director.

Executive Director means the chief

operating officer of the Park District.

The term also includes an employee

of the Park District to whom the Exe-

cutive Director has delegated au-

thority vested in the Executive Direc-

tor under this ordinance while such

employee is exercising such

delegated authority within the scope

of and for the purpose of the delega-

tion.

Informal means in the context of ad-

ministrative proceedings the least

elaborate proceeding which is con-

sistent with those basic constitution-

al rights of due process which are

applicable under the circumstances,

and recognizing that the more

severe the deprivation of individual

rights, the greater the “due process”

which is due to the individual.

Park District means the Park District

of the City of Minot.

Park District facilities means any

real property (and improvements

thereto, if any), owned by or operat-

ed by the Park District.

Park District Ordinances means the

ordinances enacted by the Board of

Park Commissioners of the Park

District of the City of Minot.

Ward County Ordinances means the

ordinances enacted by the County of

Ward, by its Board of Ward County

Commissioners, which (a) regulate

the behavior of private persons, and

(b) apply generally throughout the

Counties territorial jurisdiction.

Person means either a natural or an

artificial person.

Section 3. Legislative Purpose.

(a) The Park District Ordinances

shall govern all conduct within this

Park Districts territorial jurisdiction

and its Park District facilities.

(b) In the event that the Board of

Park Commissioners has neither

adopted an ordinance governing cer-

tain conduct or subject matter, nor

assumed exclusive jurisdiction over

certain conduct or subject matter

within Park District facilities, then the

City Ordinances on that conduct or

subject matter shall govern and be

enforceable upon Park District facili-

ties.

(c) The Park District retains the

power, by way of positive enact-

ment, by virtue of Chapter 40-49 of

the North Dakota Century Code to

suspend or nullify the operation of

City Ordinances or Ward County Or-

dinances within its own territorial jur-

isdiction. In the event that a Park

District Ordinance conflicts with City

ordinances or Ward County Ordi-

nances on the same subject matter,

the Park District Ordinances shall

have precedence.

(d) The Park District intends to

reserve and to exercise on a selec-

tive basis, as provided hereafter in

Section 4, the power granted by

Chapter 40-49 of the North Dakota

Century Code to create its own ordi-

nance provisions which supplement

City Ordinances or Ward County Or-

dinances by way of laying down

more detailed, particularized, or res-

trictive rules, or providing rules for

which there is no proper equivalent

in the City Ordinances or County Or-

dinances.

(e) Finally, the Park District intends

to exercise in respect to Park District

facilities the same powers of control

and exclusion over private persons

coming thereon as a non-public

owner of real property may exercise

in respect to real property owned by

such private person, except to the

extent the Park District’s ability to

exercise such powers is limited or

conditioned by statutory or constitu-

tional law or both.

Section 4. Prohibitions applicable to

Park District facilities.

(a) Except as provided in subsection

(c), City Ordinances shall apply to

Park District facilities located within

the City of Minot, and, if permitted by

law, shall likewise apply to Park Dis-

trict facilities located without the City

of Minot.

(c) In the event that subsection (a) is

inoperative as a matter of law in

respect to Park District facilities lo-

cated without the City of Minot, then

except as provided in subsection (c)

the Park District Ordinances and the

law of the jurisdiction (state, county,

or both state and county as the case

may be) which regulates the

behavior of private persons, shall

apply to those facilities.

(d) No person while on Park District

facilities shall without the permission

of the Director:

(1) Remove or damage soil, rock,

stones, trees, shrubs, plants, turf, or

fallen timber;

(2) Excavate soil, rock, or stones

whether or not the excavated ma-

terial is removed;

(3) Climb a tree or climb, walk,

stand, or sit upon monuments,

vases, fountains, railings, fences,

gun-carriages, or upon any other ob-

ject not designated or customarily

used for such purposes.

(4) Hunt, molest, harm, frighten, kill,

trap, chase, tease, shoot at or other-

wise hurl projectiles at any mammal,

bird, fish, or reptile whether or not

such creature is a zoo animal, or al-

low a domestic animal owned by

him or controlled by him to do so;

(5) Feed any substance, including

food, to zoo animals;

(6) Litter;

(7) Knowingly violate a rule adopted

pursuant to Section 5; or

(8) Fail to observe an order issued

by the Director pursuant to Section

6.

(e) It shall be an affirmative defense

that the Director has granted permis-

sion to perform activities which

would be unlawful under subsection

(c) without such permission. Like-

wise, it shall be an affirmative de-

fense under (c)(3) that the climbing,

walking, standing, or sitting of which

complaint has been made occurred

upon an object designated for or

customarily used for such purposes.

Section 5. Director to adopt rules

governing the use of Park District fa-

cilities.

(a) The Director is authorized to

adopt rules governing the use by the

public of Park District facilities.

(f) The rules contemplated by this

section may be universal in appli-

cation or tailored to a specific facility

or both.

(g) As an illustration of (and not as a

limitation on) the sort of rules author-

ized by this section, the Director

may, for example, impose speed

limits within parks which are more

restrictive than those which would

otherwise be in force; prohibit the

use of certain types of vehicles

within parks which may lawfully be

used on City streets and other public

rights of way; impose reasonable

time, place, and manner restrictions

on the exercise of First Amendment

rights (including a prohibition on

non-sportsman-like conduct).

(h) The rules authorized by this sec-

tion need not be in writing in order to

be valid, but the Director is urged to

reduce as many rules as reasonably

possible to writing and to incorporate

them within a policy manual or place

them on conspicuous signs posted

at such Park District facilities as

where the rule is intended to apply,

or to do both. If a rule is not in writ-

ing and the Director intends to use

the violation of such rule as a basis

for issuing an order as authorized

under Section 6, then the burden of

proof (in the sense of both the bur-

den of producing evidence and the

burden of persuasion), will be on the

Director to establish that the person

against whom the order was issued

had been advised orally of the rule

before the occurrence of the conduct

claimed to be in violation of the rule.

(i) A rule may not only be a

non-written rule, but also it may be

formulated and adopted more or

less contemporaneously with the

perceived need for such a rule.

(j) In any event, in order for a rule

authorized by this section to be

valid, it must be reasonable.

Section 6. Suspension or exclusion

orders authorized.

(a) The Director is authorized to is-

sue (or to rescind) an order to any

person which requires such person

to suspend his use of Park District

facilities until the expiration of a

given period of time specified in the

order, or the occurrence of a particu-

lar event specified in the order, or

the earlier or later of each. A

suspension order need not be abso-

lute, so that, for example, it may ap-

ply to a specifically named facility

only, or may apply only during cer-

tain times of the day or of the year,

or will not apply if the person to

whom it is directed is accompanied

by a parent or guardian. However,

at the discretion of the Director the

suspension order may be absolute

while it is in effect.

(b) Rather than issuing an order or

suspension under subsection (a) the

Director may issue a life-time on a

person’s use of all Park District facil-

ities, or some specified portion or

portions thereof.

(k) An order issued pursuant to ei-

ther (a) or (b) shall be based upon

the knowing violation by the person

to whom the order is issued of–

(1) one or more of the prohibitions

set forth either directly or by way of

reference in Section 4 or of the rules

adopted pursuant to Section 5; or

(2) the terms of an existing order

under subsection (a) previously is-

sued to such person and still in ef-

fect.

(l) The Director is urged to issue a

warning for a first offense or first oc-

currence which would support the is-

suance of an order under subsection

(a) or (b), rather than issuing an ord-

er, but is not required to do so.

(m) The issuance of an order under

this section shall be handled infor-

mally. However, to the extent practi-

cal, before an order is issued the

person to whom it is potentially

directed shall be informed that the

issuance of such an order is con-

templated and shall be provided an

informal opportunity to protest its is-

suance. Otherwise such opportunity

shall be provided as soon as rea-

sonably possible after the issuance

of the order. As soon as practical an

order which is intended to operate

for a period of seven consecutive

days or longer shall be reduced to

writing.

(n) In the event a person to whom

an order is issued disputes the ex-

istence of the basis for such an ord-

er, or contends that the order is un-

fair under the operative cir-

cumstances, or both, such person

may take an informal appeal. If the

order has been issued by an em-

ployee of Park District other than the

Executive Director (by virtue of such

employee acting as the “Director”

under the delegated power provided

for or recognized in Section 2), then

the appeal shall be to the Executive

Director. If the order has been is-

sued by the Executive Director, then

the appeal shall be to the Board of

Park Commissioners.

Section 7. Severability.

If any portion of this ordinance is de-

clared invalid by a court of law, such

partial invalidity shall not void the

balance of the ordinance, unless the

court arrives at the firm conviction

that the Board of Park Commission-

ers would not have adopted this or-

dinance in the first instance without

those provisions later declared in-

valid.

Section 8. Prior ordinances re-

pealed; survival of actions.

(a) Any prior ordinance inconsistent

with this ordinance is hereby re-

pealed to the extent of such incon-

sistency.

(b) Causes of action or criminal or

quasi-criminal proceedings which

have accrued or are underway at the

time of the effective date of this ordi-

nance shall not abate, but shall sur-

vive, notwithstanding subsection (a).

Section 9. Penalty; Penalty clause

not exclusive.

(a) Any person violating any of the

terms or provisions of this ordi-

nance, shall upon conviction be pun-

ished by a fine of not to exceed Five

Hundred Dollars ($500.00) or by

imprisonment for not to exceed thirty

(30) days for a single offense, or by

both such fine and imprisonment in

the discretion of the Court. The

Court shall have the power to

suspend such sentence and to re-

voke the suspension thereof. Each

day any person violates any provi-

sion of this ordinance shall consti-

tute a separate offense.

(o) The availability of the penalty

provided for in subsection (a) shall

not prevent the operation of any oth-

er remedial measure or remedy pro-

vided for in this ordinance, and

vice-versa.

Section 10. Effective date.

This ordinance shall be effective at

12:01 A.M. the second day following

the date of its publication.

Passed First Reading:

11-17-2020

Passed Second Reading:

12-08-2020

APPROVED: /s/ Perry Olson

President

ATTEST: /s/Elly DesLauriers

Clerk

(December 12, 2020)