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(A) Purpose. The curfew for minors established by this section is maintained for four 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 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 Police 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 for minors under the age of 18 years. No minor under the age of 18 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
(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 one 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.
Penalty, see § 133.99
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
FIRE CHIEF, FIRE MARSHAL, and ASSISTANT FIRE MARSHALS. The Fire Chief, Fire Marshal, and Assistant Fire Marshals of the Fire Department which provides fire protection services to the city.
OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct, or chimney, except a RECREATIONAL FIRE as defined herein. Mobile cooking devices such as manufactured hibachis, charcoal grills, wood smokers, and propane or natural gas devices are not defined as OPEN BURNING.
RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in height, contained within the border of a recreational fire site using dry, clean wood; producing little detectable smoke, odor, or soot beyond the property line; conducted with an adult tending the fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health, or safety hazards will not be created. No more than one RECREATIONAL FIRE is allowed on any property at one time.
RECREATIONAL FIRE SITE. An area of no more than a three-foot diameter circle (measured from the inside of the fire ring or border); completely surrounded by non-combustible and non-smoke or odor producing material, either of natural rock, cement, brick, tile, or blocks or ferrous metal only on which area is depressed below ground, on the ground, or on a raised bed. Included are permanent outdoor wood burning fireplaces. Burning barrels are not a RECREATIONAL FIRE SITE as defined herein. RECREATIONAL FIRE SITES shall not be located closer than 25 feet to any structure.
STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard, or charcoal fire starter. Paraffin candles and alcohols are permitted as STARTER FUELS and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open burn.
WOOD. Dry, clean fuel only, such as twigs, branches, limbs, “presto logs,” charcoal, cord wood, or untreated dimensional lumber. The term does not include wood that is green with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue, or preservatives. Clean pallets may be used for recreational fires when cut into three-foot lengths.
(B) Prohibited materials.
(1) No person shall conduct, cause, or permit open burning oils, petro fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted, or glued wood composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, or paint fillers.
(2) No person shall conduct, cause, or permit open burning of hazardous waste or salvage operations, open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial establishment or building material generated from demolition of commercial or institutional structures.
(3) No person shall conduct, cause, or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving, or consumption of food.
(4) No person shall conduct, cause, or permit open burning of any leaves or grass clippings.
(C) Open burning prohibited. No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a recreational fire as defined in division (A) above.
(D) Burning ban or air quality alert. No recreational fire will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared an Air Quality Alert.
Penalty, see § 133.99
Cross-reference:
Fire prevention, see Ch. 91
(A) Purpose and findings. 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. The City Council finds that:
(1) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement;
(2) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions;
(3) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user;
(4) Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances, provide the alcohol;
(5) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption; and
(6) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs.
(B) Authority. This section is enacted pursuant to M.S. § 145A.05, as amended from time to time.
(C) Definitions. For the purpose of this section, the following definitions 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 three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST or ALLOW. To aid, conduct, 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 step-parent;
(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 one 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 place of assembly, public or private, whether 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 host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s) when the person knows or reasonably should know that an underage person will or does:
(a) Consume any alcohol or alcoholic beverage; or
(b) Possess any alcohol or alcoholic beverage with the intent to consume it.
(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 3.2% malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.414, as it may be amended from time to time.
(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.
(5) This section does not apply to landlords who are not present during any activities prohibited under division (D)(1) above.
(F) Enforcement. This section can be enforced by any peace officer.
Penalty, see § 133.99
Cross-reference:
Alcoholic beverages, see Ch. 110
PREDATORY OFFENDERS
The city finds and declares that predatory offenders are likely to use physical violence and to repeat their offenses, and most predatory offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of predatory offender victimization to society at large, while incalculable, unmistakably steep. It is the intent of this subchapter to serve the city’s compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the city by imposing residency restrictions upon predatory offenders and creating safety zones around locations where vulnerable populations regularly congregate in concentrated numbers wherein certain predatory offenders are prohibited from establishing temporary or permanent residence and wherein access by predatory offenders shall be restricted and excluded.
(Ord. passed 12-27-2016)
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
CARE FACILITY. Any facility, public or private, licensed by the state or county, which, for gain or otherwise, regularly provides one or more persons with care, training, supervision, habilitation, or developmental guidance on a regular basis, for periods less than 24 hours per day, in a place other than the person’s own home.
CHILD/CHILDREN. A person or persons under the age of 18 and includes individuals under the age of 21 who are in foster care.
DESIGNATED PREDATORY OFFENDER. Any person who has been categorized as a Level II or Level III predatory offender under M.S. § 244.052, as it may be amended from time to time, a successor statute, or a similar statute from another state in which that person’s risk assessment includes a high risk of re-offense.
FACILITIES FOR CHILDREN. All public parks, parkways, park facilities, parkland, public or private schools, designated public school bus stops, libraries, group homes, foster homes, day care and child care facilities, public recreation centers, real estate owned by public or private schools, city-owned property, nonprofit or commercial recreation centers, public or private playgrounds, public or commercial swimming pools, public beaches, youth centers, athletic fields used by children, crisis center or shelter, care facilities for children, skate park or rink, movie theaters, bowling alley, facilities for children’s clubs e.g., scouting, public recreational areas, and trails including, but not limited to, snowmobile trails, conservation areas, jogging trails, hiking trails, walking trails, bicycle trails, offices for Child Protective Services, place of assembly, and specialized schools for children including, but not limited to, tutoring, gymnastics, dance, and music schools.
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.
PLACE OF ASSEMBLY. A place of assembly, synagogue, temple, mosque, or other facility that is used for prayer by persons of similar beliefs or a special purpose building that is designed or particularly adapted for the primary use of conducting, on a regular basis, religious services and associated accessory uses by a religious congregation.
PUBLIC OR PRIVATE SCHOOLS. Establishments primarily engaged in providing instructional services to elementary or secondary students with a curriculum that complies with the state regulations, including public schools governed by an elected school board, private schools, and charter schools.
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 nonconsecutive days in any month, and which is not the person’s permanent residence.
(Ord. passed 12-27-2016)
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