CHAPTER 134: DRUG LAB SITES

Section

   134.01   Title and statutory authority

   134.02   Purpose

   134.03   Jurisdiction

   134.04   Interpretation and application

   134.05   Disclaimer of liability

   134.06   Fees

   134.07   Definitions

   134.08   Administration

   134.09   Exceptions

§ 134.01 TITLE AND STATUTORY AUTHORITY.

   (A)   This chapter shall be known and referenced as the “Cleanup of Clandestine Drug Lab Sites Ordinance”.

   (B)   This chapter is enacted pursuant to the powers specified in M.S. § 145A.10, as it may be amended from time to time.

(Ord. 123, passed 10-18-2004)

§ 134.02 PURPOSE.

   (A)   Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate and contaminate on the land, surfaces, furnishings and equipment in or near structures where clandestine drug labs are located.

   (B)   These conditions present health and safety risks to occupants and visitors of the structures and land through fire, explosion and skin and respiratory exposure to chemicals.

   (C)   This chapter establishes responsibilities and guidelines for involved parties to assure that:

      (1)   People are not unnecessarily exposed to the dangers of these contaminated structures or land; and

      (2)   Proper steps are taken to remove contaminants and assure appropriate tests are completed to verify that affected structures and land are sufficiently cleaned for human contact.

   (D)   This chapter assists and guides appropriate public authorities, property owners and occupants to prevent injury and illness to members of the public, particularly children.

   (E)   This chapter is intended to reduce exposure to chemicals used at clandestine drug lab operations in structures, including dwellings, buildings, motor vehicles, trailers, appliances or the land where they are located.

   (F)   This chapter is intended to minimize the cost to the city for clean up of clandestine drug lab sites.

(Ord. 123, passed 10-18-2004)

§ 134.03 JURISDICTION.

   (A)   This chapter shall apply to all land within the boundaries of the city.

   (B)   Where either Chippewa County or Yellow Medicine County has lawfully passed an ordinance to regulate and enforce the cleanup of clandestine drug labs that is more restrictive, the city shall coordinate regulation and enforcement with the applicable county.

(Ord. 123, passed 10-18-2004)

§ 134.04 INTERPRETATION AND APPLICATION.

   (A)   The provisions of this chapter shall be interpreted and applied as the minimum requirements necessary to protect public health, safety and welfare.

   (B)   Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable provisions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall apply.

(Ord. 123, passed 10-18-2004)