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§ 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
§ 91.06 LAW ENFORCEMENT ACTION.
   (A)   If law enforcement authorities determine the existence of a clandestine drug lab site or chemical dump site, the site, and all personal property therein, shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a clandestine drug lab site or chemical dump site which may place neighbors, the visiting public, or present and future occupants of the site at risk for exposure to harmful contaminants and other associated conditions are mandated to take the following action:
      (1)   Promptly notify the City Council, public health authorities and the appropriate enforcement division of the Drug Enforcement Administration of the U.S. Justice Department of the location of the site, and the owner if known, of the conditions found;
      (2)   Treat, store, transport, or dispose of all household hazardous waste found at the site in a manner consistent with Minnesota Department of Health, Minnesota Pollution Control, and Blue Earth County Health Department rules and regulations;
      (3)   Issue a temporary declaration of public health nuisance for the affected site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary Declaration of Public Health Nuisance issued by law enforcement shall expire after the City Administrator determines the appropriateness of issuing a permanent declaration of public health nuisance;
      (4)   Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued;
      (5)   Require all persons occupying the site to immediately vacate the site, remove all pets from the site, and not return without written authorization from the City Administrator;
      (6)   Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and
      (7)   Put locks on each doorway entrance to the site to prohibit people from entering the site without authorization after all occupants of the site have vacated.
   (B)   The obligation to promptly notify the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised.
(Ord. 120, passed 4-4-2005) Penalty, see § 91.99
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