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Clay County updates online code, repeals three obsolete ordinances after review
Summary
County staff completed an in-house codification of Clay County’s ordinances, moved the code to a new online platform and the board voted to repeal three obsolete sections: dancing restrictions, alarm systems chapter and drug-paraphernalia language tied to repealed state law.
Clay County on May 27 presented a full codification of the county code and moved to repeal three sections the county found obsolete.
Mark (county staff responsible for the code project) explained the county’s online code had not been kept current and that staff completed an in-house codification covering titles 1–7 and migrated the material to a new platform. The new system allows county staff to update the online code without paying a vendor for minor edits, Mark said. He said title 8 (the development code) was coming to the board next week.
As part of the review the committee identified ordinances and sections that referenced state statutes that had been repealed or that were no longer enforced. The board approved motions to repeal: an ordinance regulating dancing in establishments (ordinance 2025-2), a multi-chapter alarm systems section (2025-3) that staff described as obsolete, and a drug-paraphernalia section (ordinance 25-4 / title 4 chapter 4 section 1) whose state statutes were repealed in 2023.
County Attorney (on record) advised the board that repealing county language that imposed no affirmative obligations does not require a public hearing under the cited statutes; the board confirmed that any substantive change that would impose duties or restrictions would still require the public-hearing process.
Board members asked procedural questions about the online signing workflow and the plan to reserve chapter numbers in the code (so chapter numbering remains stable). Staff said changes to code language that impose new requirements would be taken to public hearing.
On the drug-paraphernalia repeal, Sheriff Empting explained that Minnesota removed criminal prohibitions on possession of most drug paraphernalia in 2023; as a result the county cannot enforce an outdated county-level paraphernalia offense and cannot use paraphernalia possession as probable cause for searches. The sheriff noted that neighboring North Dakota still criminalizes paraphernalia, which can affect border enforcement.
The board voted to repeal the three items separately; staff will execute the new online signatures and keep the online code updated. Title 8 (development code) will be presented at a future meeting.
