The acts, types and causes of behavior enumerated in this section constitute misdemeanors and are punishable as provided in § 10.999 of this code of ordinances. The following provisions and sections of M.S. Ch. 609, the Criminal Code, as it may be amended from time to time, are hereby adopted by reference and made a part of this code as if fully set forth herein:
(A) General principles.
(1) M.S. § 609.02, subd. 3, 4a, 5, 6, 7, 8, 9 and 10, Definitions;
(2) M.S. § 609.033, Increased Maximum Penalty for Misdemeanors;
(3) M.S. § 609.034, Increased Maximum Penalty for Ordinance Violations;
(4) M.S. § 609.05, Liability for Crimes of Another;
(5) M.S. § 609.06, Authorized Use of Force; and
(6) M.S. § 609.085, Sending Written Communication.
(B) Anticipatory crimes.
(1) M.S. § 609.17, Attempts; and
(2) M.S. § 609.175, Conspiracy.
(C) Crimes against the person.
(1) M.S. § 609.224, Assault - 5th Degree; and
(2) M.S. § 609.26, Depriving Another of Custodial or Parental Rights.
(D) Crimes of compulsion. M.S. § 609.28, Interfering with Religious Observance;
(E) Sex crimes.
(1) M.S. § 609.321, Prostitution;
(2) M.S. § 609.324, Other Prohibited Acts; and
(3) M.S. § 609.34, Fornication and Lewd Conduct: willfully and lewdly exposing of a person or the private parts thereof or procuring another to so expose themselves and any open and gross lewdness or lascivious behavior or any act of public indecency is unlawful.
(F) Crimes against the family.
(1) M.S. § 609.37, Definition; and
(2) M.S. § 609.375, Non-Support of Spouse or Child.
(G) Crimes against government. M.S. § 609.40, Flags;
(H) Crimes affecting public officer or employee.
(1) M.S. § 609.435, Officer Not Filing Security;
(2) M.S. § 609.45, Public Officer; Unauthorized Compensation; and
(3) M.S. § 609.475, Impersonating Officer.
(I) Crimes against the administration of justice.
(1) M.S. § 609.485, Escape from Custody;
(2) Flight to Avoid Arrest:
(a) Any person who has committed a misdemeanor in the presence of a law enforcement officer or who is suspected of committing a felony and who shall avoid arrest or who shall attempt to avoid arrest by flight shall be guilty of a misdemeanor.
(b) Any person who has committed a misdemeanor in the presence of a law enforcement officer or who is suspected of committing a felony and who fails to cooperate with any law enforcement officer including the giving of false information, particularly as to that person’s name, address, age or other pertinent information shall be guilty of a misdemeanor.
(3) M.S. § 609.50, Obstructing Legal Process, Arrest or Firefighting;
(4) M.S. § 609.505, Falsely Reporting Crime;
(5) M.S. § 609.51, Simulating Legal Process; and
(6) M.S. § 609.515, Misconduct of Judicial or Hearing Officer.
(J) Theft and related crimes.
(1) M.S. § 609.52, Theft;
(2) M.S. § 609.525, Bringing Stolen Goods into State;
(3) M.S. § 609.53, Receiving Stolen Property;
(4) M.S. § 609.535, Issuance of Dishonored Checks;
(5) M.S. § 609.541, Protection of Library Property; and
(6) M.S. § 609.545, Misusing Credit Card to Secure Services.
(K) Damage or trespass to property.
(1) M.S. § 609.556, Definition;
(2) M.S. § 609.576, Negligent Fires; Dangerous Smoking;
(3) M.S. § 609.595, Damage to Property;
(4) M.S. § 609.605, Trespass;
(5) M.S. § 609.606, Unlawful Ouster or Exclusion; and
(6) M.S. § 609.615, Defeating Security on Realty.
(L) Forgery and related crimes. M.S. § 609.65, False Certification by Notary Public;
(M) Crimes against public health and safety. The acts, types and causes of behavior enumerated in this division (M) constitute misdemeanors and are punishable as provided in § 10.999 of this code of ordinances;
(1) Discharging or use of weapons.
(a) No person shall discharge a weapon in any public place in the city, unless otherwise permitted by this division (M).
(b) No person shall carry, possess or display, in a manner intended to cause bodily injury or cause fear of bodily injury, any edged object or instrument such as a knife, sword, machete or any other device that is designed to or is capable of cutting, slashing or stabbing or otherwise causing bodily injury within the city.
(c) For the purpose of this division (M), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PUBLIC PLACE. Any place in the city, except: a person’s residence: a person’s place of business if owned or managed by the person; a permitted gun show; or a place of business permitted for the buying or selling of weapons.
WEAPON. Includes:
a. Any “dangerous weapon”, as the same is defined by M.S. § 609.02, subd. 6, as it may be amended from time to time;
b. Any BB gun or any air gun or any air rifle or any air soft gun or any other device that is designed to or is capable of firing or ejecting any type of a projectile by any means; or
c. Any sling shot, wrist rocket, bow, crossbow or any other device that is designed to or is capable of propelling any type of object by any means.
(d) This section shall not prohibit the following: any law enforcement officer, any member of the armed forces of the Minnesota National Guard or of the United States of America, or any other person lawfully permitted to possess a weapon, to the extent authorized by permit or law, from discharging a weapon in the city pursuant to their official duty or as allowed by their properly-issued permit.
(2) Lake or public swimming pool. It shall be unlawful for any person to enter the water of any lake or public swimming pool within the limits of the city between the hours of 10:00 p.m. and 5:00 a.m.
(N) Public misconduct or nuisance.
(1) M.S. § 609.705, Unlawful Assembly;
(2) M.S. § 609.715, Presence at Unlawful Assembly;
(3) M.S. § 609.72, Disorderly Conduct. Voluntarily entering the water of any lake or public swimming pool within the limits of the municipality between the hours of 10:00 p.m. and 5:00 a.m. or entering the water without being garbed in a bathing suit sufficient to cover his or her person and equal to the standards generally adopted and accepted by the public is hereby declared to be disorderly conduct;
(4) M.S. § 609.735, Concealing Identity;
(5) M.S. § 609.74, Public Nuisance; and
(6) M.S. § 609.746, Interference with Privacy.
(O) Gambling.
(1) M.S. § 609.75, Gambling; Definitions; and
(2) M.S. § 609.755, Acts of or Relating to Gambling.
(P) Crimes against reputation. M.S. § 609.77, False Information to News Media;
(Q) Crimes relating to communications.
(1) M.S. § 609.775, Divulging Telephone or Telegraph Message; Non-Delivery;
(2) M.S. § 609.78, Emergency Telephone Calls and Communications;
(3) M.S. § 609.785, Fraudulent Long Distance Telephone Calls;
(4) M.S. § 609.79, Obscene or Harassing Telephone Calls;
(5) M.S. § 609.795, Letter, Telegram or Package; Opening; Harassment; and
(6) M.S. § 609.80, Interfering with Cable Communications Systems.
(R) Crimes relating to business.
(1) M.S. § 609.805, Ticket Scalping;
(2) M.S. § 609.81, Misconduct of Pawnbrokers;
(3) M.S. § 609.815, Misconduct of Junk or Secondhand Dealer; and
(4) M.S. § 609.82, Fraud in Obtaining Credit.
(Prior Code, § 702.01) (Ord. 939, passed 02-26-2018; Ord. 953, passed 12-10-2018)