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10.29: EXHIBITION DRIVING:
It is a misdemeanor for any person to:
   A.   Operate a motor vehicle on a public highway, street, parking lot, alley or other public property or private property without the consent of the owner in such manner as to cause any of the following:
      1.   Spinning or skidding of the wheels or tires.
      2.   Squealing or similar noise from the driving tires.
      3.   Defacing the roadway with black marks or indenting the roadway by skidding or spinning of tires.
      4.   "Fishtailing" or skidding sideways.
      5.   Rapid intermittent application of the accelerator making the vehicle bounce up or down or make excessive noise.
      6.   Accelerating in an excessive manner in an apparent acceleration contest commonly referred to as "drag racing".
   B.   Drive or operate a vehicle on a public highway, street, parking lot, alley or other public property or private property without consent of the owner, at erratic or irregular and changing speeds so as to create a hazard to himself or other persons or property, or to interfere with other traffic in the area. (Ord. 104, 2nd Series, eff. 8-1-1983)
10.30: JAKE BRAKING:
It shall be unlawful for any truck to intentionally dynamic brake ("jake brake") on any public highway, street, parking lot or alley. (Ord. 135, 4th Series, eff. 4-5-1999)
10.31: PROCEDURES FOR ENFORCING ADMINISTRATIVE OFFENSES:
   A.   Purpose: The city council has determined that there is a need for alternative methods of enforcing the city codes. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the city council finds the use of administrative citations and the imposition of civil penalties is legitimate and a necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations.
   B.   Alternative Methods Of Enforcement: This administrative enforcement procedure seeks to gain compliance with certain provisions of this code and serves as an alternate to any formal criminal or civil court action. The administrative hearing process provided for in this section shall be in addition to any other legal or equitable remedy available to the city for city code violations, except that if a determination is made by the hearing officer pursuant to the hearing process detailed in this section that a violation did not occur, the city may not then proceed with criminal prosecution of the same act or conduct.
   C.   Authority To Issue Order To Correct Letters And Administrative Citations: The following city employees and agents are authorized to issue compliance letters and administrative citations for violations of this code:
      1.   Licensed peace officers of the Little Falls police department;
      2.   City building official;
      3.   City housing/rental housing inspector;
      4.   City engineer;
      5.   City zoning administrator;
      6.   Fire chief of the Little Falls fire department.
   D.   Administrative Offenses; Schedules Of Fines And Fees:
      1.   Except as noted herein, a violation of any provision of this code is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this section. Each day a violation exists constitutes a separate offense.
         a.   The following offenses shall not be subject to administrative citation:
            - Traffic offenses under Minnesota state statutes chapter 169;
            - Sections 10.10, 10.12, 10.14, 10.17, and 10.29, and subsection 10.11L of this chapter.
      2.   An administrative offense may be subject to a civil penalty not exceeding two thousand dollars ($2,000.00).
      3.   The city council shall adopt by resolution a schedule of recommended fines for offenses initiated by administrative citation. The city council is not bound by that schedule when a matter is appealed for administrative review.
      4.   The city council may adopt a schedule of fees to be paid to administrative hearing officers.
      5.   The city council shall adopt written procedures for administering the administrative citation program.
   E.   Order To Correct; Administrative Citations: Upon the reasonable belief that an administrative offense has occurred, the city officials listed above shall serve on the violator an order to correct the violation. If compliance is not achieved within the time line prescribed in the order to correct the violation, the official is authorized to issue an administrative citation. An administrative citation shall be presented in person or by first class mail to the person responsible for the violation. Service shall be deemed complete upon depositing the citation in the United States mail, properly addressed to the last known address of the person to be served and postage prepaid. The citation shall state the following: date, time and nature of the offense, citing the relevant portion of this code that was allegedly violated, the amount of the scheduled civil fine, and the manner for paying the fine, a statement that the city code violation and the amount of the administrative penalty may be contested to be heard before an independent hearing officer by notifying the city administrator or designated representative in writing within ten (10) days of the date of the citation, and a statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in Minnesota statutes chapter 429.
   F.   Exceptions To Issuance Of Order To Correct Letter: For violations of subsections F1 through F7 of this section the city shall not be required to issue a compliance letter and may proceed directly to the issuance of an administrative citation as provided in subsection E of this section.
      1.   Repeat offender. If the same owner commits a subsequent violation within twelve (12) months after a compliance letter has been issued for the same or similar offense.
      2.   License violations. This constitutes any violation of a city code license requirement including not having a license.
      3.   Noncriminal violations of:
         a.   Public nuisance.
         b.   Unlawful deposit of garbage.
         c.   Off road vehicle violations.
         d.   Snowmobile violations.
         e.   Boating violations.
         f.   Animal complaints.
         g.   Barking dog violation.
         h.   Trespassing in a city park.
         i.   Skateboards, etc., on sidewalks.
      4.   Property maintenance code.
      5.   Rental housing maintenance code.
      6.   Erosion and sediment control ordinance.
      7.   Land use code.
   G.   Reasonable Extensions: Following service of the compliance letter, the city shall attempt to work with the owner to resolve the violation, including, but not limited to, responding to reasonable extensions for compliance.
   H.   Payment Of Penalty And Correction Of Violation: If the owner pays the administrative civil penalty and corrects the city code violation, no further action will be taken against the owner or the owner's real property for that same violation. If payment is made but correction is not accomplished, a subsequent administrative citation may be issued, criminal proceedings may be initiated, or any other proceedings or remedies available in order to enforce correction of the violation. If no payment is made, no correction of the violation is made, and no request for hearing is made in accordance herein, the city may assess the administrative civil penalty against the property owner pursuant to Minnesota statutes chapter 429, issue a subsequent administrative citation and commence a new administrative process, initiate criminal proceedings or initiate other enforcement action authorized by law or a combination hereof.
   I.   Request For Hearing: An owner or occupant may contest the administrative citation and the amount of the fine by requesting a hearing, in writing, within ten (10) days of the date of the citation, to the city administrator or designated representative.
   J.   Administrative Hearing Procedure:
      1.   Hearing Officers: The city council will periodically approve a list of lawyers, from which the city administrator will select a hearing officer to hear and determine a matter for which the hearing is requested. The person who has requested the hearing has the right to request, no later than fifteen (15) days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted by the city administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. If such a finding is made, the hearing officer shall remove himself or herself from the case, and the city administrator shall assign another hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined by Minnesota statutes section 609.415. The hearing officer shall not be a current or former employee of the city of Little Falls.
      2.   Notice Of Hearing: Notice of the hearing must be served in person or by first class mail to the person responsible for the violation no less than twenty (20) days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. Service shall be deemed complete upon depositing the notice of hearing in the United States mail, properly addressed to the last known address of the person to be served and postage prepaid.
      3.   Payment For Cost Of Hearing: The cost of the hearing shall be borne solely by the nonprevailing party. The city shall provide an estimate of the cost of the hearing at the time of the request for hearing. The city council has the authority to reduce the nonprevailing party's costs where that party can demonstrate indigency by clear and convincing evidence.
Proof of indigency can be demonstrated by the party's receipt of means tested governmental benefits or a demonstrated lack of assets or current income. Such proof shall be presented to the city council for determination subsequent to the hearing. However, the hearing officer at the time of the hearing shall make specific findings as to whether or not the party is indigent with said findings presented to the city council. In all cases, where the party requesting the hearing is unable to attend and fails to request a continuance of the hearing at least forty eight (48) hours in advance of the scheduled hearing, all costs incurred by the city attributable to the hearing shall be charged to the requesting party.
      4.   Hearing Procedures: At the hearing, the parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer shall record the hearing and receive testimony and exhibits and the full record of the hearing shall be kept. The hearing officer shall receive and give weight to evidence, including hearsay evidence probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
      5.   Authority Of The Hearing Officer: The hearing officer shall determine whether a violation did or did not occur. If the hearing officer determines that a violation did not occur then the citation shall be dismissed. If the hearing officer determines that a violation did occur, then the officer may do any of the following: impose a fine anywhere within or up to, but not exceeding, the maximum penalty for an administrative offense, stay or waive a fine either unconditionally or upon compliance with the appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following:
         a.   The duration of the violation;
         b.   The frequency of recurrence of the violation;
         c.   The seriousness of the violation;
         d.   The history of the violation;
         e.   The violator's conduct after issuance of the notice of hearing;
         f.   The good faith effort of the violator to comply;
         g.   The economic impact of the penalty on the violator;
         h.   The impact of the violation upon the community; and
         i.   Any other factors appropriate to just result.
      6.   Fines For Continuing Violations: The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation but only on a finding that the violation caused a serious threat of harm to the public health, safety or welfare, or the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons for continuing violations must be in writing.
      7.   Decision Of The Hearing Officer: The hearing officer shall issue a decision in writing to both parties within ten (10) days of the hearing. Any fines or penalties imposed must be paid no later than thirty (30) days of the date of the hearing officer's order. If the fine is not paid, the city may assess the civil penalty against the owner's property pursuant to Minnesota statutes chapter 429. If the hearing officer determines that no violation occurred, the city may not proceed with criminal prosecution for the same act or conduct. The decision of the hearing officer is final and may only be appealed to the Minnesota court of appeals by petitioning for a writ of certiorari pursuant to Minnesota statutes section 606.01.
   K.   Payment Of Fines: Prior to any assessment for unpaid fines, the city shall seek payment of the fines by notifying the owner of the property in writing of the fine imposed.
   L.   Assessment Procedure: Unpaid fines including an administrative charge of twenty five dollars ($25.00) plus interest of the total balance will be assessed pursuant to Minnesota statutes chapter 429, against the property of the owner charged with the violation. For uncorrected or continued violations, the city will correct the violation and assess the charges for doing so. (Ord. 72, 6th Series, eff. 3-16-2015)
10.32: ALARM SYSTEMS:
   A.   Statement Of Purpose And Objectives: The police and fire departments respond to many false alarms each year, at a level that places burdens upon the time and resources of these entities. False alarms also create an increased level of risks on the safety of responding personnel and to the public. Therefore, the justification of this section is to reduce the high level of risks and expenses by reducing the frequency of occurrence of these false alarms and establishes a system of administration. This section shall apply to all types of alarms that require law enforcement or fire response.
   B.   Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
    ALARM ADMINISTRATOR: A person or persons designated by the city to administer, control and review false alarm reduction efforts and administer the provisions of this section.
   ALARM AGENT: Includes any person who is employed by an alarm business, either directly or indirectly, including an owner, corporate officer or director, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on any building, place or premises, any police or fire alarm system, central station system or burglary alarm systems.
   ALARM BUSINESS: Includes the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any police and/or fire alarm system.
   ALARM SIGNAL: A detectable signal, audible or visual, generated by an alarm system to which law enforcement and/or firefighting personnel are requested to respond.
   ALARM SYSTEM: Any electronic device used for the purpose of notifying the general public or public safety personnel of the existence of an emergency situation to which public safety personnel respond, including, but not limited to, automatic dialing devices, burglary alarm systems, control station systems, fire alarm systems, or police and/or fire alarm systems.
   ALARM USER: Any person, corporation, partnership, proprietorship, governmental, educational entity or any other entity owning, leasing or operating an alarm system, using the services of an automatic dialing device, police alarm system, fire alarm system, central station system or a burglar alarm system.
   ANSWERING SERVICE: A telephone answering service, which receives signals from any alarm system and thereafter immediately relaying the message by live voice to the communications center of the sheriff's office.
   AUTOMATIC DIALING DEVICE: An automated alarm system, which sends a prerecorded voice message or coded signal indicating the existence of the emergency situation, which the alarm system is designed to detect.
   BURGLAR ALARM SYSTEM: An alarm system signaling an entry or attempted entry into an area protected by the system, but which system is not connected to a police alarm or central station system.
   CENTRAL STATION: An office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where guards are maintained continuously to investigate signals.
   CENTRAL STATION SYSTEM: A system in which the operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained and supervised from a central station having operators and security personnel on duty at all times.
   CITY OR COUNTY: The city of Little Falls or the county of Morrison.
   DIRECT LINE: A telephone line leading directly from a central station to the communications center of the sheriff's office that is for use only to report emergency signals on a person to person basis.
   EXCESSIVE ALARMS: Three (3) or more false alarms signaled by any police or fire alarm system within a calendar year.
   FALSE ALARMS: The activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system, or of his/her employees or agents, to which the police or fire department has been dispatched, where an emergency situation does not exist. Such terminology does not include alarms caused by hurricanes, tornadoes, earthquakes, lightening, power failure, damage to power lines or severe weather conditions.
   FIRE ALARM SYSTEM: Any device designed for the detection of fires on the premises for alerting others of a fire, and when activated emits a sound or transmits a signal or message which system is connected to or monitored by the county sheriff's office.
   KEY HOLDER: A person who has your permission and is able to gain entry into your property.
   LOCAL ALARM: An alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user.
   POLICE ALARM SYSTEM: Any device designed for the detection of an unauthorized entry on the premises or alerting others of an unlawful act, or both, and when activated, emits a sound or transmits a signal or message which system is connected to or monitored by the county sheriff's office.
   PRIMARY TRUNK LINE: Any telephone line leading directly into the communications center of the sheriff's office that is for the purpose of handling emergency calls on a person to person basis, and which is identified as such by a specific number included in the emergency numbers listed in the telephone directory issued by the telephone companies within the sheriff's office jurisdiction.
   PROPRIETARY SYSTEM: An alarm system sounding and/or recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. A "proprietary system" includes a signal line connected directly to the sheriff's office communications center, a central station or answering service; it thereby becomes an "alarm system" as defined in this section.
   VERIFY: An attempt by the monitoring company or its representative, to contact the alarm site and/or user by telephone and/or other electronic means, whether or not actual contact with a person is made, to attempt to determine whether an alarm signal is valid before requesting law enforcement and/or firefighting personnel be dispatched in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this section, telephone verification shall require at a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid before requesting law enforcement and/or firefighting personnel be dispatched.
   C.   Prohibited Acts: It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement or fire department personnel when no crime or danger to life or property is being committed or attempted or otherwise to cause a false alarm. It shall be unlawful to install, maintain or use an audible alarm system, which can sound continually for more than ten (10) minutes. It shall also be unlawful to install, maintain or use an automatic dial protection device that reports or causes to be reported, any recorded message to the police or fire departments.
   D.   Fee For False Alarms: The owner of property upon which an automatic alarm device is located and/or each owner of an automatic alarm device shall pay a fee as established by resolution upon the response of a third and subsequent false alarms by the fire and/or police departments in a calendar year. Continued responses to false alarms by the department will be billed at a rate set forth by resolution. (Ord. 5, 6th Series, eff. 3-5-2008)
10.33: POSSESSION AND SALE OF SYNTHETIC CANNABINOIDS:
   A.   Purpose And Intent: This section is adopted for the purpose of protection of public health, safety, morals, and general welfare of our residents by prohibiting the possession and/or sale of synthetic cannabinoids.
   B.   Definitions: For the purposes of this section "synthetic cannabinoid" shall mean:
      1.   A synthetic equivalent of the substance contained in the cannabis plant, or in the resinous extractives of the genus Cannabis, or a synthetic substance, derivative, or its isomers with similar chemical structure or pharmacological activity such as the following:
         a.   1-Pentyl-3-(1-naphthoyl) indole; some trade or other names, also known as JWH-018;
         b.   1-Butyl-3-(1-naphthoyl) indole; some trade or other names, also known as JWH-073;
         c.   Phenol, CP 47, 497 and homologues, or 2-[(1R, 3S)]-3- [hydroxycyclohexyl]-5-(2-methylocatan-2-yl)phenol, where side chain n=5, and homologues where side chain n=4, 6 or 7; and
         d.   Any similar structural analogs.
      2.   Products, by whatever trade name, that are treated, sprayed, or saturated with one or more of the above chemicals. Some currently marketed products containing synthetic cannabinoids identified in this subsection B include K2, spice, mojo, smoke, genie, Yucatan fire, diamond spice, red dragon smoke, skunk, K2 summit, and Pandora potpourri.
   C.   Unlawful Acts: No person shall use, possess, purchase, sell, give away, barter, exchange, dispense, deliver, distribute, or manufacture any synthetic cannabinoids, as defined in this section, within the city.
   D.   Exceptions: Acts otherwise prohibited under this section shall not be unlawful if performed by or under the direction of a licensed physician, dentist or other medical health professional authorized to direct or prescribe such acts. (Ord. 27, 6th Series, eff. 10-4-2010)
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