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(A) A person commits a violation if he or she loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting the person to identify himself or herself and to explain his or her presence or conduct. No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if it had been believed by the police officer at the time, would have dispelled the alarm. Any police officer may arrest any person suspected of being a loiterer or prowler without a warrant if it reasonably appears that the delay in arresting the suspect caused by obtaining a warrant would result in the suspect's escape.
(B) It shall be unlawful for any person, after first being warned by a police officer, or where a NO LOITERING sign or signs have been posted, to loiter, stand, sit, or lie in or upon any public or quasi-public sidewalk, street, curb, cross-walk, walkway area, mall or that portion of private property utilized for public use, so as to hinder or obstruct unreasonably the free passage of pedestrians or vehicles thereon. It shall be unlawful for any person to block, obstruct, or prevent free access to the entrance to any building open to the public.
(C) It shall be unlawful for any person to loiter in or near any thoroughfare or place open to the public for the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such action is consistent with the intent to induce, entice, solicit, or procure another to commit an act of prostitution are that the person is a known prostitute or panderer and repeatedly beckons, in the attempt to stop or engage male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicles by engaging their operators by hailing, waving of arms, or other bodily gestures. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit, or procure another to commit an act of prostitution. No arrest shall be made for a violation of this division unless the arresting officer first affords the person an opportunity to explain his or her conduct, and no one shall be convicted of violating this division if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(D) For the purpose of this section, PUBLIC PLACE has the following definition unless the context clearly indicates or requires a different meaning: an area generally visible to public view, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
Penalty, see § 10.99
(A) This section is to provide an avenue in which to prohibit trespass upon the property of another without permission of the landowner, tenant, property agent, and/or property representative.
(B) No person shall intentionally trespass on the property of another and, without claim of right, refuse to depart from the premises on demand of the lawful possessor or agent of possessor.
(C) No person shall return or remain on the property of another after being told to leave the property and not return.
(D) No person shall return to the property of another within 12 months after having been served with a trespass notice.
(E) The legal possessor of the property shall keep a copy of all trespass notices which they serve upon trespassers and shall renew notices as needed for no more than 12 months at a time.
(F) An person or person violating any provisions of this section shall be guilty of a misdemeanor.
(G) This section shall be effective upon its passage and publication in summary form.
(Ord. 185, passed 6-6-1994) Penalty, see § 10.99
(A) Purpose. The curfew for minors established by this section is maintained for 4 primary reasons:
(1) To protect the public from illegal acts of minors committed during the curfew hours;
(2) To protect minors from improper influences that prevail during the curfew hours, including involvement with gangs;
(3) To protect minors from criminal activity that occurs during the curfew hours; and
(4) To help parents control their minor children.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ERRAND. A task that if not completed promptly threatens the health, safety, or comfort of the minor or a member of the minor’s household. The term shall include, but shall not be limited to, seeking urgent medical treatment, seeking urgent assistance from law enforcement or fire department personnel, and seeking shelter from the elements or urgent assistance from a utility company due to a natural or human-made calamity.
OFFICIAL CITY TIME. The time of day as determined by reference to the master clock used by the Police Department.
PLACES OF AMUSEMENT, ENTERTAINMENT, OR REFRESHMENT. Those places that include, but are not limited to, movie theaters, pinball arcades, shopping malls, nightclubs catering to minors, restaurants, and pool halls.
PRIMARY CARE or PRIMARY CUSTODY. The person who is responsible for providing food, clothing, shelter, and other basic necessities to the minor. The person providing primary care or custody to the minor shall not be another minor.
SCHOOL ACTIVITY. An event which has been placed on a school calendar by public or parochial school authorities as a school sanctioned event.
(C) Hours.
(1) Minors under the age of 16 years. No minor under the age of 16 years shall be in or upon the public streets, alleys, parks, playgrounds, or other public grounds, public places, public buildings; nor in or upon places of amusement, entertainment, or refreshment; nor in or upon any vacant lot, between the hours of 10:00 p.m. and 6:00 a.m. the following day, official city time.
(2) Minors ages 16 years to 18 years. No minor of the ages of 16 or 17 years shall be in or upon the public streets, alleys, parks, playgrounds, or other public grounds, public places, public buildings; nor in or upon places of amusement, entertainment, or refreshment; nor in or upon any vacant lot, between the hours of 12:00 a.m. and 5:00 a.m. the following day, official city time.
(D) Effect on control by adult responsible for minor. Nothing in this section shall be construed to give a minor the right to stay out until the curfew hours designated in this section if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this section be construed to diminish or impair the control of the adult person having the primary care or custody of the minor.
(E) Exceptions. The provisions of this section shall not apply in the following situations:
(1) To a minor accompanied by his or her parent or guardian, or other adult person having the primary care and custody of the minor;
(2) To a minor who is upon an emergency errand at the direction of his or her parent, guardian, or other adult person having the primary care and custody of the minor;
(3) To a minor who is in any of the places described in this section if in connection with or as required by an employer engaged in a lawful business, trade, profession, or occupation; or to a minor traveling directly to or from the location of the business, trade, profession, or occupation and the minor’s residence. Minors who fall within the scope of this exception shall carry written proof of employment and proof of the hours the employer requires the minor’s presence at work;
(4) To a minor who is participating in or traveling directly to or from an event which has been officially designated as a school activity by public or parochial school authorities; or who is participating in or traveling directly to or from an official activity supervised by adults and sponsored by the city, a civic organization, school, religious institution, or similar entity that takes responsibility for the minor and with the permission of the minor’s parent, guardian, or other adult person having the primary care and custody of the minor;
(5) To a minor who is passing through the city in the course of interstate travel during the hours of curfew;
(6) To a minor who is attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly, or freedom of religion;
(7) To minors on the sidewalk abutting his or her residence or abutting the residence of a next-door neighbor if the neighbor does not complain to the city’s designated law enforcement provider about the minor’s presence; and
(8) To a minor who is married or has been married, or is otherwise legally emancipated.
(F) Duties of person legally responsible for minor. No parent, guardian, or other adult having the primary care or custody of any minor shall permit any violation of the requirements of this section by the minor.
(G) Duties of other persons. No person operating or in charge of any place of amusement, entertainment, or refreshment shall permit any minor to enter or remain in his or her place of business during the hours prohibited by this section unless the minor is accompanied by his or her parent, guardian, or other adult person having primary care or custody of the minor, or unless 1 of the exceptions to this section applies.
(H) Defense. It shall be a defense to prosecution under this section that the owner, operator, or employee of an establishment promptly notified the city’s designated law enforcement provider that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(I) Minor defense. A law enforcement officer must look into whether a minor has an affirmative defense before making an arrest.
Penalty, see § 10.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE. Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
EVENT OR GATHERING. Any group of 3 or more persons who have assembled or gathered together for social occasion or other activity.
HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering.
PARENT. Any individual, partnership, co-partnership, corporation, or any association of 1 or more individuals.
RESIDENCE OR PREMISES. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.
UNDERAGE PERSON. Any individual under 21 years of age.
(B) Prohibited acts.
(1) It is unlawful for any person(s) to:
(a) Host or allow an event or gathering;
(b) At any residence, premises, or on any other private or public property;
(c) Where alcohol or alcoholic beverages are present;
(d) When the person knows or reasonably should know that an underage person will or does:
1. Consume any alcohol or alcoholic beverage; or
2. Possess any alcohol or alcoholic beverage with the intent to consume it; and
(e) The person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(2) A person is criminally responsible for violating division (B)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act.
(3) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
(C) Exceptions.
(1) This section does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household.
(2) This section does not apply to legally protected religious observances.
(3) This section does not apply to retail intoxicating liquor or 3.2% malt liquor licenses, municipal liquor stores, or bottle club permit holders who are regulated by M.S. § 340A.503, Subdivision 1(a)(1).
(D) Violation; penalty. Any person, firm, or corporation who violates any provision of this section shall be guilty of a misdemeanor. See § 10.99 of this code.
(Ord. 2011-06, passed 12-5-2011) Penalty, see § 10.99