Loading...
(A) Shooting upon, over or near a cemetery. Except as provided by M.S. § 97A.137, for wildlife management areas that are 40 acres or greater, no person shall, without permission from the proper officials, discharge a firearm upon or over a cemetery or within 100 yards thereof, unless the person is upon his or her own land.
(B) Hunting near a city park. Except as provided by M.S. § 97A.137, for wildlife management areas that are 40 acres or greater, no person shall hunt, shoot, or kill game within 2 mile of a city park unless the City Council has granted permission to kill game not desired within the limits prohibited by this division.
(C) Discharge of firearms prohibited in certain places. No person shall discharge a firearm on a lawn, park, playground, orchard, or other ground appurtenant to a school, church, or an inhabited dwelling, the property of another, or a charitable institution. This section does not prevent or prohibit the owner thereof from discharging firearms upon his or her own land.
(D) Discharging firearms on highways prohibited. No person shall discharge a firearm upon or over a public road or highway.
(E) Exceptions. This section shall not prohibit the firing of a military salute or the firing of weapons by persons of the nation's armed forces acting under military authority, and shall not apply to law enforcement officials in the proper enforcement of the law, or to any person in the proper exercise of the right of self defense, or to any person otherwise lawfully permitted by proper federal, state or local authorities to discharge a firearm in a manner contrary to the provisions of this section.
(F) If any of the above provisions are found to be in conflict with M.S. § 624.717, as it may be amended from time to time, the provisions of that statute shall prevail.
Penalty, see § 130.99
(A) Purpose. The curfew for minors established by this section is maintained for four 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 18 years. No minor under the age of 18 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 5:00 a.m. the following day, official city time Monday through Friday, and between the hours of 11:00 p.m. and 5:00 a.m. on Saturday and Sunday.
(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.
(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 one 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) A law enforcement officer must look into whether a minor has an affirmative defense before making an arrest.
Penalty, see § 130.99
(A) The use, display, possession, discharge or sale of any fireworks not expressly permitted by M.S. § 624.20, Subd. 1(b), (c), as it may be amended from time to time, is strictly prohibited.
(B) All use, display or discharge of those non-explosive, non-aerial pyrotechnic entertainment devices only containing the limited amounts of pyrotechnic chemical compositions described in and permitted by M.S. § 624.20, Subd. 1(b), (c), as it may be amended from time to time, hereinafter referred to as Apermitted consumer fireworks, is strictly prohibited in:
(1) The area on, below, above or within or in close proximity to: recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks, rights-of-way, lakes, rivers, waterways and all other property owned or leased by the city, the county in which the city is located, the State of Minnesota or the federal government and located in whole or in part within the city limits;
(2) Private property within the city limits that has conspicuously posted a written sign or notice that no fireworks discharge is allowed;
(3) Within 300 feet of any consumer fireworks retail sales facility or storage area that has posted a written sign or notice that no fireworks discharge is allowed; and
(4) Any property, area, or structure that, by its physical condition or the physical conditions in which it is set, would constitute a fire or personal safety hazard.
(C) All other use, display or discharge of permitted consumer fireworks must be conducted in a manner that minimizes the risk of fire or injury to other persons or property.
(A) Application. This section applies to public parks described as park land, playgrounds, indoor and outdoor recreational facilities and courts, rivers, trails, natural areas, open space, shelters, pavilions, and amenities within. It should also mean any other property owned, leased, used or controlled, wholly or partly by the city for parks and recreational use.
(B) Park hours. All public parks will close at 10:00 p.m. Monday through Friday and at 11:00 p.m. on Saturday and Sunday and shall remain closed to the public until 6:00 a.m. on the next day. No person shall be in, remain in, enter or drive in a public park during the hours when such park is closed except for the following activities permitted in division (F).
(C) Posting of hours. The hours of operation of the parks shall be prominently posted in each park.
(D) Emergency. The City Administrator or their designee may close any public park at any time, and for such period as deemed necessary, in order to protect or restore order or terminate or prevent breaches of the peace and order of the city. No person having been informed of such an order closing any such area shall remain in the area longer than is necessary to leave the closed area.
(E) Safety. The City Administrator or his/her designee may close any park due to safety, disaster, water quality or park conditions.
(F) Activities permitted after closing of the parks. The following activities may continue in parks after the parks have closed:
(1) City-sponsored and city-supervised activities.
(2) Overnight camping by community associations and organizations is permitted, with a special event permit, only in the South River Park, provided all other paragraphs of this section can be met.
(3) Activities of city personnel in the course of their official duties.
(4) Activities where person are traveling upon the established paved trails or gravel or paved alleyways or roads.
(G) Special event permits. Application for the issuance of a permit to conduct activities in the park after closing hours shall be submitted to the city on the forms provided, at least two weeks prior to the date of the activities. Permits shall be issued if it appears that the applicant can comply with the city's current regulations and will not interfere with the health, safety, welfare, morals and use of the park by the general public. Special event permits shall be restricted to a 48 hour period for weekdays, Monday-Thursday, and restricted to a 72 hour period for weekends, Friday-Sunday.
(H) Parking. No person shall park any vehicle in any place in a park except in designated parking areas, with the exception of a city, emergency, or other competent governmental authority or vehicles approved by the City Administrator or Utility Superintendent or his/her designee.
(I) Destruction of property. No person shall break, cut, mutilate, mark, deface, tamper with, injure, remove or carry away any tree, plant, flower, shrub, fence, benches, tables, buildings, waste receptacles, paved material, waterline or other public utility parts, docks, monument, stake, post or other boundary marker, equipment or any other city property, either real or personal located in a park or trail.
(J) Garbage or trash. No person shall throw, discharge, or otherwise place or cause to be placed in the park, storm sewer or drain any substance, matter or thing, liquid or solid; nor shall any person bring in or dump, deposit or leave any bottles, broken glass, ashes, paper boxes, cans dirt, waste garbage, or any other trash, in any park or portion thereof. All such garbage, trash or recycling shall be placed in the proper receptacles; where proper receptacles are not provided, all such garbage, trash or recycling shall be carried away from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
(Ord. 2019-2, passed 7-15-2019) Penalty, see § 130.99.
(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
(3) The premises of an establishment or event permitted for on-site consumption of cannabis flower, cannabis products, lower-potency hemp edibles or hemp-derived consumer products (i.e., the Wild Rice Lounge designated smoking area).
(4) An amendment to this section for the Wild Rice Lounge patio has been approved by the City Council and is effective immediately.
(C) Violation of this section is a petty misdemeanor as defined by state law. This section may be enforced by the city administrative penalty procedure in § 10.98. This section shall take effect upon passage and publication as provided in by law.
(Ord. 2-2023, passed 8-21-2023)
(A) Generally. Whoever violated any provision of this chapter for which no other penalty has been established shall be punished as provided in § 10.99.
(B) Curfew penalties.
(1) Minors. Any minor found to be in violation of § 130.03 may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. § 260.185, as it may be amended from time to time.
(2) Adults. Any adult person found to be in violation of § 130.03 shall be guilty of a misdemeanor.