CHAPTER 91: DRUG LABS AND CHEMICAL DUMPS
Section
   91.01   General provisions
   91.02   Disclaimer of liability
   91.03   Fees
   91.04   Definitions
   91.05   Declaration of site and contents as a public health nuisance
   91.06   Law enforcement action
   91.07   Seizure of property
   91.08   Action by City Administrator
   91.09   Site owner’s responsibility to act
   91.10   Site owner’s responsibility for costs
   91.11   City action and recovery of costs
   91.12   Recovery of costs from persons causing damage
   91.13   Site owners and address
   91.14   Unauthorized removal of postings
   91.15   Entry into or onto site
   91.16   Removal of personal property from the site
   91.17   Effective date
 
   91.99   Penalty
§ 91.01 GENERAL PROVISIONS.
   (A)   Purpose and intent. The purpose of this chapter is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or associated dump site may exist. Professional reports, based on assessments, testing, and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The City Council finds that the sites, and the personal property within the sites, may contain suspected chemicals and residues that place people, particularly children or adults of child-bearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property.
   (B)   Interpretation and application. In the interpretation and application of this chapter, the provisions herein shall be construed to protect the public health, safety, and welfare. Where the conditions imposed by any provision of this chapter are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this chapter to be invalid, the decision shall not affect the validity of this chapter as a whole or any part thereof, other than the provision declared invalid.
(Ord. 120, passed 4-4-2005)
§ 91.02 DISCLAIMER OF LIABILITY.
   Liability on the part of, or a cause of action against, the City of Amboy or any employee or agent thereof for any damages that may result from reliance on this chapter shall be eliminated or limited as provided by M.S. § 466.02, as it may be amended from time to time.
(Ord. 120, passed 4-4-2005)
§ 91.03 FEES.
   Fees for the administration of this chapter may be established and amended periodically by resolution of the City of Amboy City Council.
(Ord. 120, passed 4-4-2005)
§ 91.04 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHEMICAL DUMP SITE. Any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.
   CHILD. Any person less than 18 years of age.
   CITY. The City of Amboy.
   CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance.
   CLANDESTINE DRUG LAB SITE. Any place or area where law enforcement has determined that conditions associated with an unlawful clandestine drug lab operation exist. A clandestine drug lab site may include dwellings, accessory buildings, structures or units, a chemical dump site, a vehicle, boat, trailer or other appliance or any other area or location.
   CONTROLLED SUBSTANCE. Any drug, substance, or immediate precursor in Schedules I through V of M.S. § 152.02, as it may be amended from time to time, together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco.
   HAZARDOUS DRUG WASTE. Waste generated from a clandestine drug lab operation.
   MANUFACTURE. In places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical, or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling of drugs.
   OWNER. Any person(s), firm(s), corporation(s), or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer, or other location associated with a clandestine drug lab site or chemical dump site.
(Ord. 120, passed 4-4-2005)
§ 91.05 DECLARATION OF SITE AND CONTENTS AS A PUBLIC HEALTH NUISANCE.
   All dwellings, accessory structures, buildings, vehicles, boats, trailers, personal property, adjacent property or other locations, associated with a clandestine drug lab site or chemical dump site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance.
(Ord. 120, passed 4-4-2005) Penalty, see § 91.99
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