(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL ESTABLISHMENT. Any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches and schools where food is prepared or served.
MULTIPLE DWELLING. Any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each.
REFUSE. Includes all organic material resulting from the manufacture, preparation or serving of food or food products, and spoiled, decayed or waste foods from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags and discarded clothing, tree or lawn clippings, leaves, weeds and other waste products, except human waste or waste resulting from building construction or demolition.
RESIDENTIAL DWELLING. Any single building consisting of one through four dwelling units with individual kitchen facilities for each.
(B) Storage.
(1) It is unlawful for any person to store refuse on residential dwelling premises for more than one week. All the storage shall be in five- to 30-gallon metal or plastic containers with tight-fitting covers, which shall be maintained in a clean and sanitary condition; provided, that tree leaves, weeds and grass clippings may be stored in plastic bags and tree limbs must be stored in bundles weighing no more than 75 pounds and no longer than four feet.
(2) It is unlawful for any person to store refuse on multiple dwelling premises for more than one week. The storage shall be in containers as for residential dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted.
(3) It is unlawful for any person to store refuse on commercial establishment premises for more than 48 hours. The storage shall be in containers as for residential dwelling premises, except that so-called “dumpsters” with close-fitting covers may be substituted.
(4) It is unlawful to store organic refuse unless it is drained and wrapped.
(C) Deposit. It is unlawful for any person to deposit refuse from any source, rubbish, offal or the body of a dead animal, in any place other than a sanitary landfill.
(D) Fire danger. It is unlawful for any person to store, deposit or dispose of any refuse which is in flames or heated to the point where it could cause danger of fire in other refuse.
(2003 Code, § 8.01) Penalty, see § 10.99
(A) It is unlawful for any person, in a public or private place, knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following:
(1) Engage in brawling or fighting;
(2) Disturb an assembly or meeting, not unlawful in its character;
(3) Engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others;
(4) Willfully and lewdly expose his or her person or the private parts thereof, or procure another to so expose himself or herself; and any open or gross lewdness or lascivious behavior, or any act of public indecency;
(5) Whether or not posted with signs so prohibiting, voluntarily enter the waters of any river or public swimming pool at any time when the waters are not properly supervised by trained life-saving personnel in attendance for that purpose, or enter the waters without being garbed in a bathing suit sufficient to cover his or her person and equal to the standards generally adopted and accepted by the public;
(6) Urinate or defecate in a place other than:
(a) If on public property then in a plumbing fixture provided for that purpose;
(b) If on the private property of another then in a plumbing fixture provided for that purpose; or
(c) If on private property not owned or controlled by another, then within a building.
(7) Cause the making or production of an unnecessary noise by shouting or by any other means or mechanism including the blowing of any automobile or other vehicle horn;
(8) Use a sound amplifier upon streets and public property without prior written permission from the city;
(9) Use a flash or spotlight in a manner so as to annoy or endanger others;
(10) Cause defacement, destruction or otherwise damage to any premises or any property located thereon;
(11) Strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish onto any premises except into receptacles provided for that purpose;
(12) Enter any motor vehicle of another without the consent of the owner or operator; or
(13) Fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so, by the owner, or person in charge thereof, or by any law enforcement agent or official
(B) Provided, however, that this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present thereon at that time as part of his or her official duty, nor shall it include the spouse, children, employee or tenant of the owner or occupier.
(2003 Code, § 8.41) Penalty, see § 10.99
(A) It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of such nature as to disturb the peace, quiet or repose of other persons. Any owner or person in lawful possession or control of the private lands who has knowledge of the disturbance and fails to immediately abate the disturbance shall be guilty of a violation of this section.
(B) It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of the private lands being present, without first having obtained written permission from the landowner or other person in lawful possession of the private lands. The written permission shall at all times be in the possession of one or more persons at the site of the congregation. The document containing the written permission must bear the signature of the landowner and date of the permitted use. Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner.
(C) A violation of divisions (A) or (B) above shall give a peace officer the authority to order all persons present, other than persons identifying themselves as the owner or person in lawful possession or control of the land, to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a peace officer shall be guilty of a violation of this section.
(2003 Code, § 8.42) Penalty, see § 10.99
(A) Definitions; terms; evidence. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of M.S. Chapter 152, as it may be amended from time to time. It includes, but is not limited to:
(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(d) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
(i) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
(k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
(l) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips: meaning objects used to hold burning material such as a marijuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons, and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
(2) Other terms. Other terms are as defined in M.S. § 152.01, as it may be amended from time to time.
(3) Evidence. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(c) The proximity of the object, in time and space, to a direct violation of this section;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of M.S. Chapter 152, as it may be amended from time to time; the innocence of an owner, or of anyone in control of the object, as to a direct violation of M.S. Chapter 152, as it may be amended from time to time, shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(g) Instructions, oral or written, provided with the object concerning its use;
(h) Descriptive materials accompanying the object which explain or depict its use;
(i) National and local advertising concerning its use;
(j) The manner in which the object is displayed for sale;
(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(m) The existence and scope of legitimate uses for the object in the community; and
(n) Expert testimony concerning its use.
(B) Prohibitions.
(1) Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of M.S. Chapter 152, as it may be amended from time to time.
(2) Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of M.S. Chapter 152, as it may be amended from time to time.
(3) Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates division (B)(2) above, by delivering drug paraphernalia to a person under 18 years of age who is at least three years his or her junior is guilty of a special offense.
(4) Advertisement of drug paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(C) Civil forfeiture. All drug paraphernalia as defined by division (A) above is subject to forfeiture, subject to the provisions set forth in M.S. § 609.531, as they may be amended from time to time, in the same manner as if the forfeiture were pursuant to M.S. Chapter 152, as it may be amended from time to time.
(2003 Code, § 8.60) Penalty, see § 10.99
(A) Loitering; circumstances cause alarm.
(1) Prohibition. It is unlawful for any person to lurk, loiter or prowl in any place, in any time or in any manner not usual by law-abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity.
(2) Circumstances causing alarm. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a police officer, refuses to identify himself or herself or endeavors to conceal himself or herself or an object.
(3) Authority to detain. A police office may stop and briefly detain a person suspected of violating division (A)(1) above, if the person’s behavior reasonably causes suspicion of criminal activity. The officer’s reasonable suspicion must be based on objective, articulable facts and reasonable inferences drawn from all the circumstances surrounding the person’s behavior.
(4) Opportunity to dispel alarm.
(a) Unless flight by the person or other circumstances make it impracticable, a police officer shall, prior to any arrest for a violation of division (A)(1) above, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct.
(b) An explanation of the person’s presence and conduct shall be sufficient to dispel alarm if it shows that the person was engaging in, and planning to continue engaging in, lawful activity consistent with his or her actions and all the circumstances surrounding his or her behavior.
(c) The person may identify himself or herself by presenting any of the following:
1. A state-issued identification card or driver’s license containing the person’s photograph;
2. An employer-issued identification card which verifies the person’s employment and includes the person’s photograph;
3. A currently valid passport;
4. A certified copy of the person’s birth certificate; and/or
5. Verification of the person’s identity by another person who can establish his/her own identity by one of the documents listed above.
(5) Requisites for conviction. A person shall not be convicted of violating division (A)(1) above, if:
(a) No police officer gave the person the opportunity provided in division (A)(1) above, to dispel the alarm created by his or her actions; or
(b) The finder of fact determines that the police officer should have accepted the person’s explanation as sufficient to dispel alarm.
(B) Loitering; intent to commit crime. It is unlawful for any person, in any public or private place, to lurk, loiter, prowl, lie in wait or be concealed with intent to commit any act prohibited by law.
(C) Loitering; obstructing public passage. It is unlawful for any person to loiter, stand, sit or lie in or upon any public property, private sidewalk, street, curb, crosswalk, walk-way area, parking lot, mall, steps, window sill, wall, bench, fence or other portion of private property open for public use, so as to unreasonably block, obstruct, partially obstruct or block or hinder free passage of the public. It is also unlawful for any person to block, obstruct, partially obstruct or hinder free access to the entrance of any building or part of a building open to the public without consent of the owner or occupant. No person shall be arrested or convicted under this provision until after a police officer has informed the person that his or her action violates this section and has asked the person to move to a location, if one is available, which would not violate this section.
(D) Loitering; signs prohibiting. It is unlawful for any person to loiter, stand, sit or lie in an area where a sign prohibiting loitering has been posted.
(2003 Code, § 8.61) (Ord. 45, passed 12-23-1994) Penalty, see § 10.99