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(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)
(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)
(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)
Liability on the part of, or a cause of action against, the city, or any employee or agent thereof, for any damages that may result from reliance on this chapter shall be eliminated or limited as provided by M.S. § 466.02, as it may be amended from time to time.
(Ord. 123, passed 10-18-2004)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHEMICAL INVESTIGATION SITE. A clandestine drug lab site that is under notice and order for cleanup and/or remediation as a public health nuisance, as authorized by M.S. Chapter 145A, as it may be amended from time to time, and this or other applicable city ordinance.
CHILD. Any person less than 18 years of age.
CLANDESTINE DRUG LAB OPERATION. The unlawful manufacture or attempt to manufacture a controlled substance within any area of a structure, such as a dwelling, building, motor vehicle, trailer, boat or other structure or appliance.
CLANDESTINE DRUG LAB SITE. Any parts of a structure, such as a dwelling, building, motor vehicle, trailer or appliance, occupied or affected by conditions and/or chemicals, typically associated with a clandestine drug lab operation.
CLEANUP. Proper removal and/or containment of substances hazardous to humans and/or the environment at a chemical investigation site. CLEANUP is a part of remediation.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor in M.S. § 152.02, Schedules I through V, as they may be amended from time to time. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
OWNER. Any person, firm or corporation who owns, in whole or in part, the land and/or structures, such as buildings, motor vehicle, trailer, boat or other appliance, at a clandestine drug lab site.
PUBLIC HEALTH AUTHORITY. The Public Health Director and the Deputy Public Health Director, or their designees, or other designated individuals or agents who are authorized to act as agents of the City Council members in their role as the Community Health Board, pursuant to the Local Public Health Act, M.S. §§ 145A.09 to 145A.12, as they may be amended from time to time (hereinafter designated as “Public Health”).
PUBLIC HEALTH NUISANCE. Has the meaning attributed to it in M.S. § 145A.02(17), as it may be amended from time to time.
REMEDIATION. Methods, such as assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition and/or removal of contaminated materials from a chemical investigation site.
STRUCTURE. A dwelling, building, motor vehicle, trailer, boat, appliance or any other/area or location, either fixed or temporary.
(Ord. 123, passed 10-18-2004)
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