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§ 130.01 CURFEW FOR MINORS.
   (A)   Purpose. The curfew for minors established by this section is maintained for 4 primary reasons:
      (1)   To protect the public from illegal acts of minors committed during the curfew hours;
      (2)   To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;
      (3)   To protect minors from criminal activity that occurs during the curfew hours; and
      (4)   To help parents control their minor children.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EMERGENCY ERRAND. A task that if not completed promptly threatens the health, safety, or comfort of the minor or a member of the minor’s household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity.
      OFFICIAL CITY TIME. The time of day as determined by reference to the master clock used by the Public Safety Department.
      PLACES OF AMUSEMENT, ENTERTAINMENT, OR REFRESHMENT. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
      PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor.
      SCHOOL ACTIVITY. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
   (C)   Hours.
      (1)   Minors under the age of 16 years. No minor under the age of 16 years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; nor in or upon places of amusement, entertainment, or refreshment; nor in or upon any vacant lot, between the hours of 10:00 p.m. and 5:00 a.m. the following day, official city time.
      (2)   Minors ages 16 years to 18 years. No minor of the ages of 16 or 17 years shall be in or upon the public streets, alleys, parks, playgrounds or other public grounds, public places, public buildings; nor in or upon places of amusement, entertainment, or refreshment; nor in or upon any vacant lot, between the hours of 12:00 a.m. and 5:00 a.m. the following day, official city time.
   (D)   Effect on control by adult responsible for minor. Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
   (E)   Exceptions. The provisions of this section shall not apply in the following situations:
      (1)   To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor;
      (2)   To a minor who is upon an emergency errand at the direction of his or her parent, guardian, or other adult person having the primary care and custody of the minor;
      (3)   To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of the business, trade, profession, or occupation and the minor’s residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor’s presence at work;
      (4)   To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor’s parent, guardian, or other adult person having the primary care and custody of the minor;
      (5)   To a minor who is passing through the city in the course of interstate travel during the hours of curfew;
      (6)   To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion;
      (7)   To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city’s designated law enforcement provider about the minor’s presence; and/or
      (8)   To a minor who is married or has been married, or is otherwise legally emancipated.
   (F)   Duties of person legally responsible for minor. No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.
   (G)   Duties of other persons. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian, or other adult person having primary care or custody of the minor, or unless 1 of the exceptions to this section applies.
   (H)   Defense. It shall be a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city’s designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.
   (I)   Affirmative defense. A law enforcement officer must look into whether a minor has an affirmative defense before making an arrest.
§ 130.02 SOCIAL HOST LIABILITY.
   (A)   Purpose and intent. The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol.
   (B)   Authority. This section is enacted pursuant to M.S. § 145A.05.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOL. Ethyl alcohol; hydrated oxide of ethyl; or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits, including dilutions and mixtures thereof from whatever source or by whatever process produced.
      ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
      EVENT OR GATHERING. Any group of 3 or more persons who have assembled or gathered together for a social occasion or other activity.
      HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
      PARENT. Any person having legal custody of a juvenile:
         (a)   As natural/adoptive parent or stepparent;
         (b)   As a legal guardian; or
         (c)   As a person to whom legal custody has been given by order of the court.
      PERSON. Any individual, partnership, co-partnership, corporation, or any association of 1 or more individuals.
      RESIDENCE or PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other places of assembly, public or private, where occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.
      UNDERAGE PERSON. Any individual under 21 years of age.
   (D)   Prohibited acts.
      (1)   It is unlawful for any person(s) to:
         (a)   Host or allow an event or gathering;
         (b)   At any residence, premises, or on any other private or public property;
         (c)   Where alcohol or alcoholic beverages are present;
         (d)   When the person knows or reasonably should know that an underage person will or does:
            1.   Consume any alcohol or alcoholic beverage; or
            2.   Possess any alcohol or alcoholic beverage with the intent to consume it; and
         (e)   The person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
      (2)   A person is criminally responsible for violating division (D)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
      (3)   A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
   (E)   Exceptions.
      (1)   This section does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household.
      (2)   This section does not apply to legally-protected religious observances.
      (3)   This section does not apply to retail intoxicating liquor or 3.2% malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503, Subd. 1(a)(1).
      (4)   This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
   (F)   Enforcement. This section can be enforced by any police officer or sheriff’s deputy in the county.
   (G)   Penalty. Violation of division (D) is a misdemeanor.
(Ord. 130, passed 10-10-2011) Penalty, see § 10.99
§ 130.03 RESTRICTING PREDATORY OFFENDER RESIDENCY.
   (A)   Purpose. It is the intent of the city to protect the nature of the community for all of its citizens. In order to fulfill that interest, the City Council has determined it is appropriate to restrict the residency of certain predatory offenders by creating areas around locations where children regularly congregate in concentrated numbers; and also to prohibit certain predatory offenders from establishing temporary or permanent residence in such areas.
   (B)   Findings. The City Council finds that repeat predatory offenders present a real threat to public safety and especially to that of children. Certain predatory offenders are likely to use physical violence and present a high risk to repeat their offenses. That makes dealing with the danger posed by repeat predatory offenders extremely important.
   (C)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CHILD. Any person under 18 years of age.
      DESIGNATED PREDATORY OFFENDER. Any person who is required to register as a predatory offender under M.S. § 243.166, and who has been categorized as a level III predatory offender under M.S. § 244.052, or similar statute from another state. Also, any person who has been convicted or has plead guilty to criminal sexual conduct under M.S. §§ 609.342, 609.343, 609.344, 609,345, 609.3451, Subd. 3, or 609.3453, or successor statute, in which the victim of the offense was less than 16 years of age.
      LICENSED CHILD CARE CENTER. A child care center currently licensed by Blue Earth County, Minnesota Public Health and Human Services.
      PERMANENT RESIDENCE. A place where a person abides, lodges, or resides for 14 or more consecutive days. An ownership interest by the person in such residence is not required.
      PUBLIC PARK, PLAYGROUND, or RECREATIONAL CENTER. Any area city owned, county owned, state owned, or privately owned, but open to the public, that is designed, equipped, or set aside for children's play, and includes in that area such facilities as play equipment, surfacing, fencing, signs, internal pathways, internal land forms, vegetation, and related structures.
      PUBLIC TRAIL. A trail designated by a city, county, state, or federal government for the use of the public for recreational pursuits, such as hiking, walking, running, cycling, or snowmobiling.
      SCHOOL. Any public or nonpublic preschool, elementary, or secondary school.
      TEMPORARY RESIDENCE. A place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year, and which is not the person's permanent address; or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
   (D)   Prohibited locations of residence. It is unlawful for any designated predatory offender to establish a permanent residence or temporary residence within 2,000 feet of any of the following:
      (1)   Schools;
      (2)   Licensed child care centers;
      (3)   Public parks, playgrounds, or recreational centers;
      (4)   Places of worship which provide regular educational programs;
      (5)   Designated public trails;
      (6)   Public and private gymnasiums;
      (7)   Sports facilities and areas where children are known to congregate (for example, baseball fields, softball fields, football fields, ice rinks, hockey rinks, soccer fields, basketball courts, sliding hills, tennis courts, volleyball courts, and the like);
      (8)   The permanent or temporary residences of any other designated predatory offenders; and
      (9)   Designated public or private school bus pickup and drop off sites.
   (E)   Measurement of distance. For the purpose of determining the minimum distance of separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence, to the nearest outer property line of the properties listed in division (D).
   (F)   Exceptions. A designated predatory offender residing within a prohibited area as described in division (D) does not commit a violation of this section if any of the following apply:
      (1)   The designated predatory offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 and 243.167, or a successor statute, prior to enactment of this section;
      (2)   The designated predatory offender was a minor when he or she committed the offense and was not convicted as an adult;
      (3)   The designated predatory offender is a minor;
      (4)   The designated predatory offender has been granted a risk level reduction by the End of Confinement Review Committee, pursuant to M.S. § 244.052, Subd. 3(i), or a successor statute;
      (5)   The school, licensed child care center, or public park, playground, or recreational center was opened after the designated predatory offender established the permanent or temporary residence and properly reported and registered the same pursuant to M.S. §§ 243.166 and 243.167, or a successor statute; or
      (6)   The residence is also the primary residence of the designated predatory offenders parents, grandparents, siblings, or spouse, and was their residence prior to enactment of this section.
   (G)   Property owners prohibited from renting real property to designated predatory offenders in the exclusion zones.
      (1)   It shall be unlawful for any property owner to rent or lease real estate to any designated predatory offender if the property is in the prohibited zone established in division (D). If a property owner discovers or is informed that a tenant is a designated predatory offender after a rental agreement is signed, a property owner shall commence eviction proceedings against the designated offender and take action to ensure that the designated predatory offender is not residing in the exclusion zone.
      (2)   Property owners in violation of this provision shall be punished as set forth in division (H).
   (H)   Penalty. Any person or entity that violates any provision of this section shall be punished according to the laws of the State of Minnesota. A violation of this section shall constitute a misdemeanor. Each day a person maintains a temporary or permanent residence in violation of this section constitutes a separate violation.
(Ord. 139, passed 2-6-2017)
§ 130.04 CANNABIS USE WITHIN PUBLIC PROPERTY.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PUBLIC PLACE. Property that is generally open to or accessible by the public, except on those premises licensed by the State of Minnesota to permit on-site consumption.
      PUBLIC PROPERTY. Property, real and personal, that is owned, managed, or controlled by the city, including, but not limited to: city buildings and all the land thereon, parks, recreational areas, and any city personal property, such as motor vehicles, city equipment, and the like.
      CANNABIS FLOWER, CANNABIS PRODUCTS, LOWER-POTENCY HEMP EDIBLES, and HEMP-DERIVED CONSUMER PRODUCTS shall have the meanings as defined in M.S. § 342.01 (enacted under Minnesota Laws 2023).
   (B)   Prohibition. No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products within public property.
   (C)   Penalty. A violation of this section is a petty misdemeanor.
(Ord. 130.10, passed - -)