A. Purpose and Intent. The purpose of this Ordinance is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, at the time the hazardous substances are discovered by law enforcement officers and in the future.
Based upon professional reports, assessments, testing, investigations and presentations, the City Council finds that such hazardous chemicals can condense, penetrate, and contaminate the land, surfaces, furnishings, buildings, and equipment in or near structures or other locations where such sites exist. The City Council finds that these conditions present health and safety risks to residents, occupants, and visitors through fire, explosion, skin and respiratory exposure and related dangers. The City Council further finds that such sites present health and safety risks to residences, buildings, and structures and to the general housing stock of the community.
B. Interpretation and Application. In their interpretation and application, the provisions of this Ordinance shall be construed to protect the public health, safety and welfare. Where conditions imposed by any provision of this Ordinance are either more or less restrictive than comparable provision 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 shall prevail.
Should any court of competent jurisdiction declare any section or subpart of this Ordinance to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the provision declared invalid.
C. Fees. Fees for the administration of this Ordinance may be established and amended from time to time by further ordinance of the City Council.
D. Definitions. For the purpose of this Ordinance, the following terms or words shall be interpreted as follows:
(1) “Child” shall mean any person less than 18 years of age;
(2) “Chemical Dumpsite” shall mean any place or area where chemicals or other Hazardous Waste materials used in a Clandestine Drug Lab have been located;
(3) “Clandestine Drug Lab” shall mean the unlawful manufacture or attempt to manufacture controlled substances;
(4) “Clandestine Drug Lab Site” shall mean any place or area where law enforcement has determined that conditions associated with the operations of a Clandestine Drug Lab exist. A Clandestine Drug Lab Site may include motor vehicles and trailers, dwellings, accessory buildings, accessory structures, commercial structures, multi-family structures or any land;
(5) “Controlled Substance” shall mean a drug, substance or immediate precursor in Schedules I through V of Minn. Stat. Section 152.02. Controlled Substance shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco;
(6) “Hazardous Waste” shall mean waste generated from a Clandestine Drug Lab;
(7) “Manufacture” shall mean and include, in places other than a licensed pharmacy, the production, cultivation quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of controlled substances;
(8) “Owner” shall mean any person, firm or corporation who owns, in whole or in part, the land, buildings or structures in or on which there is found a Clandestine Drug Lab. Owner shall not mean any person, firm, or corporation holding solely a security interest in any such land, buildings, or structures.
(9) “Public Health Nuisance” shall mean all dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially unsafe due to health hazards and are considered a public health nuisance.
[§ 14-1000 added by Ord. No. 08-07, effective September 4, 2008.]