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§ 130.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PREMISES.  Any land, lot, parcel, sidewalk, boulevard, street, highway, alley, thoroughfare, park, playground, restaurant, café, church, school, car or parking lot or parking space, drive-in, any building used for business purposes, commercial or industrial purposes, or any other place, washroom or toilet, apartment hallway, or other location whether public or private in the City of Park Rapids.
(Prior Code, § 42-7)
§ 130.02  NOISY PARTIES.
   (A)   It is unlawful for any person or persons to congregate on any private lands because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume or of a nature as to disturb the peace, quiet, or repose of other persons.  Any owner or person in lawful possession or control of private lands who has knowledge of the disturbance and fails to immediately abate the disturbance shall be guilty of a violation of this section.
   (B)   It is unlawful for any person or persons to congregate on any private lands of another because of, or participate in, any party or gathering of people in the absence of the owner of the private lands being present, without first having obtained written permission from the landowner.  The written permission shall at all times be in the possession of 1 or more persons at the site of the congregation.  The document containing the written permission must bear the signature of the landowner and date of the permitted use.  Failure to display written permission upon request shall be considered prima facie evidence of an absence of permission from the owner.
   (C)   A violation of division (A) or (B) above of this section shall give a police officer the authority to order all persons present, other than the persons identifying themselves as the owner or persons in lawful possession or control of the land, to immediately disperse.  Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
   (D)   It is unlawful for the owner or other person in charge of rental living units to knowingly or repeatedly permit thereon conduct prohibited by division (A), (B) or (C) above of this section.
   (E)   A violation of this section shall be a misdemeanor.
(Prior Code, § 42-1)  (Ord. 245, passed 1991)  Penalty, see § 130.99
§ 130.03  LOITERING.
   (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 PLACEhas 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 § 130.99
§ 130.04  HANDBILLS.
   Whoever unlawfully places upon the windshield, door, handle, or on any other external part or portion of any motor vehicle any loose paper, handbills, litter or material of like nature, is guilty of a petty misdemeanor.
(Prior Code, § 42-3)  (Ord. 103, passed 1944)  Penalty, see § 130.99
§ 130.05  CURFEW.
   (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 of the city.
      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 10:30 p.m. and 5:00 a.m., official city time.
      (2)   Minors ages 16 years to 17 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 12:01 a.m. and 5:00 a.m., 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; or
      (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 apply.
   (H)   Penalties.
      (1)   Minors.  Any minor found to be in violation of this section may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in M.S. § 260B.198, as it may be amended from time to time.
      (2)   Adults.  Any adult person found to be in violation of this section shall be guilty of a misdemeanor and may be sentenced up to the maximum penalty authorized by state law for a misdemeanor.
   (I)   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.
§ 130.06  PUBLIC EVENT AT FAIRGROUNDS.
   (A)   Definitions.  For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EVENT.  Any auction, dance, sales event, sporting event, race or other event including but not limited to events which use a loudspeaker or other sound amplification device, public or private, tending to create a level of noise which represents an unreasonable disturbance to neighborhoods in the vicinity of the fairgrounds.
      EXEMPT EVENTS.  Includes the Park Rapids Rodeo, the Hubbard County Fair, Logging Days and any other events as may be exempted by resolution of the City Council.
      FAIRGROUNDS.  The part of the City of Park Rapids legally described as:  east 45 rods of the northeast quarter, Section 26, Township 140, Range 35.
   (B)   Violations.
      (1)   Any event held at the Hubbard County Fairgrounds shall close no later than  1:00  a.m.  Failure to abide by the terms of this section is a misdemeanor.
      (2)   Any participant at the event is subject to the criminal charge.
(Prior Code, § 42-5)  (Ord. 241, passed 1990)  Penalty, see § 130.99
§ 130.07  RESPONSIBILITY OF PARENTS.
   It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of 16 years to knowingly permit the minor to loiter or lurk on any premises as described in this chapter in the City of Park Rapids.  This restriction shall not apply to a minor who is accompanied by his or her parent, guardian or other adult person having care and custody of the minor or where the minor is upon a legitimate business activity or errand directly by his or her parent, guardian or custodian.
(Prior Code, § 42-8)  Penalty, see § 130.99
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