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(A) Adoption of state law. The provisions of M.S. §§ 624.20 through 624.25, inclusive, as they may be amended from time to time, are adopted by reference.
(B) License required. No person, without securing a permit from the city, shall do any of the following:
(1) Manufacture, store, or sell consumer fireworks; or
(2) Make a public display of fireworks.
(C) Definitions. For purposes of this section, CONSUMER FIREWORKS are defined as: wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube, or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than .25 grains of explosive mixture.
(D) Permit application. The application for the permit for the manufacturing, storage, and sale of consumer fireworks shall be made to the Fire Chief or Emergency Management Director. A criminal records check and determination by the Fire Chief or Emergency Management Director that the location where consumer fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the consumer fireworks are competent and trained to handle such consumer fireworks must be made prior to processing the application. The application for permit shall be accompanied by a letter from the owner of the property on which the sale is to take place. Such letter shall grant permission to the applicant for the use of the property. The application shall include a floor plan designating the area for manufacturing, storage, or display along with a list documenting the name, weight, and quantity of consumer fireworks within the building and be accompanied by the material safety data sheets. Applications must be made a minimum of ten days prior to operating. Any permit granted hereunder shall be nontransferable.
(E) License period and license fee. Licenses shall be issued for a calendar year. Permit fees shall not be prorated. The fee for the permit shall be that as provided in the current city fee schedule.
(F) Revocation of license. Following written notice and an opportunity for a hearing, the City Council may revoke a license for violation of this chapter or state law concerning the sale, use, or possession of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for 12 months.
(G) Terms and conditions for issuance of permit. A permit for manufacturing, storage, or retail sale of consumer fireworks shall be issued only upon the following terms and conditions:
(1) Neither the applicant nor the responsible party for the permit shall have been convicted of a felony, or a fire/fireworks-related misdemeanor within three years of the date of filing of the application;
(2) Transient sales of consumer fireworks are prohibited. No manufacturing, sales, or storage for commercial use shall occur on residentially zoned property or properties used for educational purposes or assemblies or property used for the dispensing of motor fuels;
(3) Consumer firework manufacturing, storage, or sales areas shall provide approved “no smoking” signs in red letters not less than two inches in height on white background. All signs shall be maintained in legible condition;
(4) Smoking and the discharge of consumer fireworks shall be prohibited within 100 feet of any building in which fireworks are manufactured, stored, or sold;
(5) Each permit holder shall have not less than two water-type or equivalent extinguishers of not less than two and one-half gallon capacity;
(6) The premises must be in compliance with the State Building Code and State Fire Code. There shall be at least two exits from all buildings from which fireworks are manufactured, stored, or sold;
(7) In buildings without an approved automatic sprinkler system, retail consumer fireworks indoor sales displays shall be limited to 50 pounds net pyrotechnic composition or 200 pounds gross weight, if the pyrotechnic composition weight is not known;
(8) Buildings protected throughout by an approved automatic sprinkler system shall be limited to 100 pounds net or 400 pounds gross weight if the pyrotechnic composition weight is not known;
(9) All facilities who obtain a permit shall post in a conspicuous location a list of all consumer fireworks displayed and stored on the property. The list shall document the name, weight, and quantity of the fireworks and be accompanied by the material safety data sheets. Upon request, samples of the fireworks shall be made available to the Fire Chief for testing;
(10) Manufacturing, warehouse buildings, or retail in excess of the quantities listed in divisions (G)(7) and (G)(8) above for retail consumer fireworks shall be classified as an (H) occupancy with explosives;
(11) Photo identification must be checked with each sale. Purchasers must be 18 years of age or older;
(12) The sale of consumer fireworks must be allowed by the zoning ordinance and must comply with all zoning ordinance requirements including signs;
(13) The premises are subject to inspection by city employees including police officers, fire and building officials during normal business hours; and
(14) Safety information approved by the Fire Chief must be distributed with each sale of consumer fireworks.
(H) Discharge rules and regulations.
(1) It is unlawful to use, fire, or discharge consumer fireworks along the route of and during any parade or at any place of public assembly or in any business zoning district.
(2) It is unlawful at any time to throw or toss consumer fireworks at any person, animal, vehicle, or other thing or object.
(3) Smoking and the discharge of consumer fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours.
(4) Consumer fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire.
(5) The Fire Chief may ban fireworks displays and the use of consumer fireworks if a drought is evident.
(6) Juveniles may not possess consumer fireworks unless under the direct supervision of a responsible adult.
(I) Public display. The public display of fireworks shall require a permit issued by the Clerk-Treasurer upon recommendation from the Chief of the Fire Department in accordance with M.S. § 624.22, as it may be amended from time to time.
(Ord. 8-4, passed 8-9-2010) Penalty, see § 130.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CURFEW HOURS. 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday until 6:00 a.m. of the following day. During June 1 to August 31 (summer time), the times are 11:30 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday until 5:00 am. of the following day.
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to any place of amusement or entertainment.
GUARDIAN.
(a) A person who, under court order, is the guardian of the person of a minor; or
(b) A public or private agency with whom a minor has been placed by a court.
MINOR. Any person under the age of 16.
OPERATOR. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT.
(a) A natural parent, adoptive parent, or step-parent of another person; or
(b) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, apartment houses, office buildings, transport facilities, and shops.
REMAIN.
(a) Linger or stay; or
(b) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
(B) Restrictions.
(1) It shall be unlawful for any minor to remain in any public place or on the premises of a any establishment within the city during curfew hours.
(2) It shall be unlawful for any parent or guardian of a minor to knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. The term
KNOWINGLY includes knowledge which a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in the legal custody of that parent or guardian.
(3) It shall be unlawful for any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
(C) Exceptions.
(1) The following shall constitute valid exceptions to the operation of the curfew. That the minor was:
(a) Accompanied by the minor’s parent or guardian;
(b) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
(c) In a motor vehicle involved in travel;
(d) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) Involved in an emergency;
(f) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
(h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) Married or had been married.
(2) It is a defense to prosecution under division (B) above that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(D) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in division (C) above is present.
(E) Review of ordinance. Within six months after the initial enforcement of this section, the Chief of Police shall review this section and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for this section. The Chief of Police’s report shall specifically include the following information:
(1) The practicality of enforcing this section and any problems with enforcement identified by the Police Department;
(2) The impact of the section on crime statistics;
(3) The number of persons successfully prosecuted for a violation of the section; and
(4) The city’s net cost of enforcing the section.
(F) The terms and provisions of this section are severable. If any provision of this section is, for any reason, held to be invalid, such decision shall not effect the validity of the remaining portions of this section. It is intended that the curfew ordinance be held inapplicable in such cases, if any, where its application would be unconstitutional.
(Ord. 7-2, passed 7-10-2000; Res. 14-209, passed 2-24-2014; Res. 15-107, passed 1-12-2015) Penalty, see § 130.99
(A) Firearms.
(1) Permit required. No person shall fire, discharge, or explode any gun, pistol, BB gun, air rifle, or other weapon in any part of the city without a permit from the City Council. Such permit shall be in writing and shall be issued by the Council in its discretion upon application to it.
(2) Exception. Nothing herein shall be construed to prohibit any firing of a gun, pistol, BB gun, air rifle, or other weapon when done in the lawful defense of person, property, or family or in the necessary defense or enforcement of the laws.
(B) Bow and arrow. No person shall fire or discharge any bow and arrow in any part of the city without a permit from the City Council. Such permit shall be in writing and shall be issued by the Council in its discretion upon application to it.
(Ord. 8-2, passed 2-14-1972) Penalty, see § 130.99
§ 130.04 USE OF CANNABIS IN PUBLIC.
(A) It is unlawful to use cannabis flower, cannabis products, lower-potency hemp edibles and hemp-derived consumer products, as defined in M.S. § 342.01, in public places anywhere in the city.
(B) As used in this section, public places include all areas contained within the city boundaries, except the following:
(1) Private residences, including the curtilage and yard; and
(2) Private property not generally accessible by the public, unless a person is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products on the property by the owner of the property; and
(2) The premises of an establishment or event licensed to permit on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products.
(Ord. passed 3-13-2023)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Violations of § 130.01 shall constitute a misdemeanor. Any person found guilty of violating any of the provisions of § 130.01 shall be subject to punishment of a misdemeanor in accordance with the laws of the State of Minnesota pertaining to the punishment allowed for violation of misdemeanors. Violation of § 130.01 may also be punishable as provided by the city administrative penalties procedure.
(C) (1) A person who violates a provision of § 130.02 is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.
(2) Violations of § 130.02 shall constitute a petty misdemeanor and shall be punishable by a sentence of not more than the maximum fine imposed under the laws of the State of Minnesota for petty misdemeanor violations.
(D) Violation of § 130.03 shall constitute a misdemeanor and shall be punishable by a sentence of not more than the maximum fine and period of incarceration imposed under the laws of the State of Minnesota for misdemeanor violations.
(Ord. 8-2, passed 2-14-1972; Ord. 8-4, passed 8-9-2010; Res. 14-209, passed 2-24-2014; Ord. passed 3-13-2023)