Village of Brooklyn Center v. Rippen

96 N.W.2d 585, 255 Minn. 334, 1959 Minn. LEXIS 604
CourtSupreme Court of Minnesota
DecidedMay 15, 1959
Docket37,612
StatusPublished
Cited by18 cases

This text of 96 N.W.2d 585 (Village of Brooklyn Center v. Rippen) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Village of Brooklyn Center v. Rippen, 96 N.W.2d 585, 255 Minn. 334, 1959 Minn. LEXIS 604 (Mich. 1959).

Opinions

Matson, Justice.

Appeal from a judgment convicting defendant for operating a boat without having first procured a license as required by an ordinance of the village of Brooklyn Center, Minnesota.

[335]*335Twin Lake is a small body of water situated within the urban area of Hennepin County and within a few blocks of the city limits of Minneapolis. Twin Lake lies within the boundaries of the village of Brooklyn Center, the city of Robbinsdale, and the village of Crystal. These municipalities adopted reciprocal ordinances regulating and licensing the use of the lake for boating.

The ordinance in question here, Village Ordinances, Village of Brooklyn Center, c. 33, applies to the operation of boats, motorboats, or watercraft upon Twin Lakes, Ryan Lake, and Palmer Lake. The ordinance limits the length of watercraft to 16 feet, except by special permit, and provides regulations as to speed, operating distances from the shoreline, times when boating is permitted, operating rules, and regulations of water skiing and surfboarding.

The ordinance further provides:

“Section 33-102. License Required. No boat, motorboat, or watercraft shall be operated on Twin Lakes, Ryan Lake or Palmer Lake unless registered and licensed in the name of the actual owner excepting boats used for weed control or other lake improvement activities. The license shall carry a description of the boat. Said license shall be obtained at Robbinsdale, Crystal, or Brooklyn Center, or at a central registry so designated by the three villages.
“Section 33-103. License Number. All licenses issued shall have a number. The licensé number must be painted, stenciled, or permanently attached on both port side and starboard side of watercraft in letters having a minimum height of IVt. " and in a distinguishable color.”

Violation of the ordinance is punishable by a fine of not more than $100 or by imprisonment for not more than 90 days.

Having been convicted for a violation of this ordinance, defendant asserts that the village of Brooklyn Center is without power to license boats. We need not consider other issues relating to alleged preemption of the licensing power by the state, unreasonableness of the ordinance, unconstitutionality for improper classification, and inconsistency with state statutes. A consideration of the licensing power alone requires a reversal.

It is well settled that municipalities have no inherent powers but have [336]*336only such powers as are expressly conferred by statute or are implied as necessary in aid of those powers which are expressly conferred.1 Clearly the village of Brooklyn Center has not been expressly given by statute the power to regulate or license boating.

The village argues, however, that the authority for the ordinance is derived from M. S. A. 412.221, which outlines the powers granted to the village council. It lists the express powers of municipalities, and then § 412.221, subd. 32, provides:

“The village council shall have power to provide for the government and good order of the village, the suppression of vice and immorality, the prevention of crime, the protection of public and private property* the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by such ordinances not inconsistent with the constitution and laws of the United States or of this state as it shall deem expedient.”

The village contends that, by reason of the geographical location of Twin Lake, its proximity to heavy population, and the general use of the lake for recreation by way of swimming, boating, fishing, and water sports, the exigencies of urban life require that there be regulation of the use of the lake in the interest of public order and protecting the life, safety, convenience, and general welfare of the community. With this contention we agree.

Under § 412.221, subd. 32, the village has implied power, under its police power, to enact such legislation as may restrain and regulate all things harmful to the order, comfort, safety, and welfare of the public.2 Although a village undoubtedly has the implied power to regulate boating on lakes within its boundaries, the crucial issue is whether or not a village also has the implied power to license boats using lakes partially or wholly within its boundaries. We hold there is no such implied power to license.

The power to regulate does not necessarily include the power to license. In passing on the question of whether in a particular case the [337]*337power to regulate includes the power to license, it is well to bear in mind the distinction between regulation and license. Regulations apply equally to all. A license, however, gives to the licensee a special privilege not accorded to others and which he himself otherwise would not enjoy. Once a power to license exists, certain acts become illegal for all who have not been licensed.3

In this jurisdiction we are committed to a liberal interpretation of statutory and charter provisions as to the exercise of the police power by municipalities concerning matters peculiarly subject to local regulation. City of Duluth v. Cerveny, 218 Minn. 511, 518, 16 N. W. (2d) 779, 783. A liberal interpretation of what is implied as a necessary aid to the enforcement of a regulatory power conferred on a village pursuant to a specific statutory grant is limited to those matters which are peculiarly subject to local regulation. Where, however, the activity or subject of the regulation is not peculiarly local in character, the regulatory power under the general welfare clause is not to be extended beyond its scope unless it clearly appears that the legislature so intended.

Whether an activity presents a regulatory problem which is peculiarly subject to local regulation depends both upon the nature of the activity and the customary area of its performance. Recreational boating in a state like Minnesota with its 10,000 lakes, and with its tremendous influx of tourists who regularly travel from their homes within and without the state to enjoy those lakes, is an activity which by its nature is not confined to any one locality since the individual boat owners customarily travel from one lake or stream to another. Where an activity by its nature is customarily enjoyed by its adherents over a wide area which encompasses a number of municipalities or governmental subdivisions, it presents a statewide problem and not a matter which is peculiarly subject to local regulation. Although the right of local regulation has been granted, it would be both absurd and unreasonable to ascribe to the legislature an intent that each boat owner, as an implied incident of the power of local regulation, may be required to obtain a separate license from each of the many lake-area cities and villages in this state. If the Brooklyn Center ordinance is valid in so far as it [338]*338requires a license, then the same licensing ordinance may be adopted by all other municipalities which have a lake or a portion of a lake within their boundaries. The resulting multiplicity of local license requirements would saddle boat owners with burdensome consequences that are both unreasonable and absurd.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Minnesota v. James Nils Andersen
Court of Appeals of Minnesota, 2015
Breza v. City of Minnetrista
725 N.W.2d 106 (Supreme Court of Minnesota, 2006)
Hyland v. Metropolitan Airports Commission
538 N.W.2d 717 (Court of Appeals of Minnesota, 1995)
State v. Gonzales
483 N.W.2d 736 (Court of Appeals of Minnesota, 1992)
Welsh v. City of Orono
355 N.W.2d 117 (Supreme Court of Minnesota, 1984)
State v. Village of Lake Delton
286 N.W.2d 622 (Court of Appeals of Wisconsin, 1979)
Alevizos v. Metropolitan Air. Com'n of Mpls. & St. P.
216 N.W.2d 651 (Supreme Court of Minnesota, 1974)
Peterson v. Board of County Commissioners
213 N.W.2d 631 (Supreme Court of Minnesota, 1973)
In Re Independent School Dist. No. 381 in Lake Cty.
213 N.W.2d 631 (Supreme Court of Minnesota, 1973)
State v. Jackman
211 N.W.2d 480 (Wisconsin Supreme Court, 1973)
Mangold Midwest Co. v. Village of Richfield
143 N.W.2d 813 (Supreme Court of Minnesota, 1966)
Minnetonka Electric Co. v. Village of Golden Valley
141 N.W.2d 138 (Supreme Court of Minnesota, 1966)
Kronschnabel v. City of Saint Paul
137 N.W.2d 200 (Supreme Court of Minnesota, 1965)
Borgelt v. City of Minneapolis
135 N.W.2d 438 (Supreme Court of Minnesota, 1965)
Construction & General Laborers Union, Local 563 v. City of St. Paul
134 N.W.2d 26 (Supreme Court of Minnesota, 1965)
State v. Hoben
98 N.W.2d 813 (Supreme Court of Minnesota, 1959)
City of Madison v. Tolzmann
97 N.W.2d 513 (Wisconsin Supreme Court, 1959)
Village of Brooklyn Center v. Rippen
96 N.W.2d 585 (Supreme Court of Minnesota, 1959)

Cite This Page — Counsel Stack

Bluebook (online)
96 N.W.2d 585, 255 Minn. 334, 1959 Minn. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-brooklyn-center-v-rippen-minn-1959.