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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LURKING/LOITERING. Includes:
(a) The obstruction of free and unhampered passage of pedestrians or vehicles on the public streets, sidewalks, and public places within the city;
(b) Interfering with any person lawfully on the premises by obstructing passage; or
(c) Refusing to move on when so requested by a peace officer when such peace officer reasonably makes such request to preserve or to promote public peace and order.
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.
(B) Unlawful acts. Lurking, loitering, or being concealed in, upon, or near the public streets, highways, roads, alleys, parks, playgrounds, sidewalks, or other public grounds, in public buildings, places of amusement, entertainment, or refreshment, vacant lots, parking lots and spaces, or other unsupervised places or any property, whether public or private, not his or her own, is prohibited:
(1) When such conduct results in the making of any noise, riot, disturbance, or improper diversion to the annoyance or disturbance of another;
(2) When such conduct tends reasonably to or is likely to arouse alarm, anger, fear, or resentment in another;
(3) When such conduct is with intent to do any mischief or to commit any crime or unlawful act;
(4) When such persons shall collect in groups or crowds in, upon, or near any street, sidewalk or public place in said city so as to interfere with or obstruct public travel or movement or parking;
(5) When such conduct results in the defacement or destruction of or causes any damage to any part of the premises or any property located thereon;
(6) When such person scatters, litters, throws, or otherwise disposes or deposits any refuse, garbage, or rubbish onto the premises except into receptacles provided for such purpose;
(7) When such persons shall use profane, abusive, indecent, or threatening language towards any person or persons, including peace officers;
(8) When such persons shall conduct singly or in groups at or about a business premise which is closed;
(9) When such person or persons shall stand or linger about the doorway of any building in such a manner as to obstruct or partially obstruct the free and uninterrupted ingress or egress to or from such building or in such a manner as to annoy the owner or occupant of such building or the owner or occupant of any adjacent premises; and
(10) (a) Further, it is unlawful for any adult, parent, or guardian to knowingly or negligently permit their juvenile child to violate this section.
(b) The second violation of this section by a juvenile shall be prima facie evidence that the adult, parent, or guardian knowingly or negligently permitted the juvenile to violate this section.
(C) Responsibility of parents.
(1) It is 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 such minor to loiter or lurk on any premises as described in this section.
(2) This restriction shall not apply to a minor who is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor or where the minor is upon a legitimate business activity or errand directed by his or her parent, guardian, or custodian.
(2006 Code, § 10.49) (Ord. 117, 3rd Series, passed 4-3-1998) Penalty, see § 130.99
(A) Generally.
(1) This section prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and possessed or consumed by persons under 21 years of age.
(2) Be it enacted by the City Council, as follows.
(B) Purpose and findings.
(1) The City Council intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons criminally responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol.
(2) The City Council finds the following.
(a) Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
(c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
(d) Often, events, or gatherings involving underage possession and consumption occur outside the presence of parents; however, there are times when the parent is present and, condones the activity, and in some circumstances provides the alcohol.
(e) Even though giving or furnishing alcohol to an underage person is a crime, it is difficult to prove, and an ordinance is necessary to help further combat underage consumption.
(f) A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs.
(g) There are times when a legal adult or responsible party is under 21 and is/are present, and condone the activity and in some circumstances provide the alcohol.
(C) Authority. This section is enacted pursuant to M.S. § 412.221, subd. 32, as it may be amended from time to time.
(D) 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 three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST. To aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.
PARENT. Any person having legal custody of a juvenile:
(1) As natural, adoptive parent, or step-parent;
(2) As a legal guardian; or
(3) As a person to whom legal custody has been given by order of the court.
PERSON. Any individual, partnership, co-partnership, corporation, or any association of one or more individuals.
RESIDENCE or PREMISES. Any home, yard, 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 occupied on a temporary or permanent basis whether occupied as a dwelling or 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.
(E) 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;
2. Possess any alcohol or alcoholic beverage with the intent to consume it; and
3. 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 (D)(1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act; or
(3) A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible.
(F) 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, subd. 1(a)(1), as it may be amended from time to time.
(4) This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
(5) This section does not apply to enforcement activities supervised by a law enforcement agency.
(G) Enforcement. This section can be enforced by any licensed police officer in the city.
(H) Effective date. This section shall take effect 30 days following its final passage and adoption.
(Ord. 185, 3rd Series, passed 9-13-2011) Penalty, see § 130.99
Cross-reference:
Alcoholic Beverages, see Ch. 121
(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Violation of §§ 130.01 through 130.23 and 130.35 through 130.49. Every person violates a section, division, paragraph, or provision of §§ 130.01 through 130.23 and 130.35 through 130.49 when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by §§ 130.01 through 130.23 and 130.35 through 130.49, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
(2006 Code, § 10.99)
(Ord. 185, 3rd Series, passed 9-13-2011)