Docstoc

OPEN ACROBAT BOOKMARK MENU TO THE LEFT Center City

Document Sample
OPEN ACROBAT BOOKMARK MENU TO THE LEFT Center City Powered By Docstoc
					   OPEN ACROBAT'S BOOKMARK MENU
   TO THE LEFT FOR TABLE OF
   CONTENTS ACTIVE LINKS TO GO
   DIRECTLY TO CHAPTER ITEMS




          TITLE XIII: GENERAL OFFENSES

Chapter

          130.   GENERAL OFFENSES




                        1
2   Center City - General Offenses
                                   CHAPTER 130: GENERAL OFFENSES


Section

     130.01    State provisions adopted
     130.02    Official copy
     130.03    Trespass prohibited
     130.04    Minors and firearms
     130.05    Pointing of guns prohibited
     130.06    Discharge of firearms
     130.07    Concealed weapons
     130.08    Possession, purchase, and/or delivery of barbiturates and other prohibited drugs
     130.09    Curfew for minors



§ 130.01 STATE PROVISIONS ADOPTED.

     The following provisions of the Minnesota Criminal Code, being M.S. Chapter 609, are hereby adopted by
reference and the provisions thereof thus incorporated shall be as much a part of this chapter as if they had been set
forth in full herein.

          M.S. § 609.221 - 609.2247          Assault
          M.S. § 609.27                      Coercion
          M.S. § 609.34                      Fornication
          M.S. § 609.475                     Impersonating an Officer
          M.S. § 609.485                     Escape from Custody
          M.S. § 609.50                      Obstructing legal process
          M.S. § 609.505                     Falsely reporting crime
          M.S. § 609.51                      Simulating legal process
          M.S. § 609.52                      Theft where the value of the property or service is $100 or less
          M.S. § 609.53                      Receiving stolen property
          M.S. § 609.535                     Issuance of worthless checks
          M.S. § 609.545                     Misusing credit card to secure service
          M.S. § 609.561 - 609.5641          Simple arson, except the penalty is limited to a misdemeanor
          M.S. § 609.576                     Negligent fires
          M.S. § 609.595                     Damage to property, except that the penalty is limited to a
                                             misdemeanor
          M.S. § 609.605                     Dangerous trespassing and other acts
          M.S. § 609.605                     Trespasses and other acts
          M.S. § 609.615                     Defeating security on realty
          M.S. § 609.621                     Proof of concealment of property by obligator of secured property
          M.S. § 609.66                      Dangerous weapons
          M.S. § 609.675                     Exposure of unused refrigerator or container to children


                                                          3
4                                         Center City - General Offenses


         M.S. § 609.68                        Unlawful deposit of garbage litter
         M.S. § 609.705                       Unlawful assembly
         M.S. § 609.715                       Presence at an unlawful assembly
         M.S. § 609.72                        Disorderly conduct
         M.S. §602.74                         Public nuisance
         M.S. § 609.755                       Acts of or relating to gambling
(Prior Code, §402.01)


§ 130.02 OFFICIAL COPY.

     One copy of the Criminal Code shall be marked by the City Clerk/Treasurer as an official copy and filed for use
and examination by the public in the office of the City Clerk/Treasurer.
(Prior Code, § 402.02)


§ 130.03 TRESPASS PROHIBITED.

     It shall be unlawful for any person to enter upon the premises of another if he or she has been given oral or
written notice not to, or if the premises are clearly marked with “no trespassing” signs posted so as to be in plain
view along all routes of access to the premises, unless the entry is upon official business of a government agency or
public utility.
(Prior Code, § 402.03) Penalty, see § 10.99


§ 130.04 MINORS AND FIREARMS.

     (A) It shall be unlawful for any minor under the age of 14 years of age to handle, or have in his or her
possession or under his or her control, except while accompanied by or under the immediate charge of his or her
parents or guardian, any firearm, air gun, or B.B. gun of any kind for hunting or target practice or any other purpose,
within the city.

     (B) Any person aiding or knowingly permitting any such minor, as mentioned above, violate the same, shall be
guilty of a misdemeanor.
(Prior Code, § 402.04) Penalty, see § 10.99


§ 130.05 POINTING OF GUNS PROHIBITED.

     No person shall within the city, aim or point any firearm, air gun or B.B. gun, of any kind, whether loaded or
not, at or towards another human being, except it being in defense of person or persons or property against 1
committing or attempting to commit a felony.
(Prior Code, § 402.05) Penalty, see § 10.99
                                                  General Offenses                                                    5


§ 130.06 DISCHARGE OF FIREARMS.

     No person shall discharge any firearm, air gun or B.B. gun of any kind within the city except at a duly
authorized shooting range while the range is supervised or while under reasonable apprehension of harm to protect
person or property against anyone committing or attempting to commit a felony, or, after permission to do so granted
by the Village Council, to protect property against damage by rodent, animals or destructive fowl.
(Prior Code, ' 402.06) Penalty, see ' 10.99


' 130.07 CONCEALED WEAPONS.

     No person shall carry or otherwise have in his or her immediate possession a firearm which is in any manner
concealed from view, provided, that this subsection shall not apply to persons authorized or otherwise legally
permitted to do so.
(Prior Code, § 402.07) Penalty, see § 10.99


§ 130.08 POSSESSION, PURCHASE, AND/OR DELIVERY OF BARBITURATES AND OTHER
PROHIBITED DRUGS.

     (A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.

          DELIVER. Sale, offer for sale, barter, exchange, administering, dispensing, giving away, distributing, or
supplying in any other manner. The term DELIVER as herein defined shall include the attempt to do such acts as
well as the actual completed commission thereof.

       MANUFACTURER. Person’s other than pharmacists who prepare drugs in dosage form by mixing,
compounding, encapsulating, entableting, or other process.

          PATIENT. As the case may be, the individual for whom a prohibited drug is prescribed or to whom a
prohibited drug is administered, or the owner or the agent of the owner of any animal for which a prohibited drug is
prescribed or to which a prohibited drug is administered.

          PERSON. Individual, corporation, partnership and association.

          PHARMACIST. A person duly licensed and registered with the Minnesota State Board of Pharmacy as a
registered pharmacist.

         PRACTITIONER. A person licensed by law to prescribe and administer any of the prohibited drugs as
defined above.

          PRESCRIPTION. A written or oral order by a practitioner to a pharmacist for a prohibited drug or
stimulant for a particular patient, which specifies the date of its issue, the name and address of the practitioner, the
name and address of the patient (and, if the barbiturate or stimulant is prescribed for an animal, the species of the
animal), the name and quantity of the prohibited drug prescribed, the directions for use of the drug, and in the case of
a written order the signature of the practitioner. An oral order by a practitioner for a prohibited drug must be
promptly reduced to willing by the pharmacist.

          PROHIBITED DRUG:
6                                         Center City - General Offenses



               (a) Barbital and any derivative thereof; including but not limited to the following: diethylbarbituric
acid; any alkyl, aryl, metallic or halogenated derivative of barbituric acid; varonal (barbitone); proponal, ipral; dial;
neonal (soneryl); sandoptal.; amytal; phenobarbital (luminal); Phandorn; noctal; allonal (which contains
ailylisopropyl-barbituric acid in combination with amidopyrine) medianl; or any preparation, mixture or other
substance containing any of the foregoing substances.

               (b) Amphetamine and any derivatives thereof including but not limited to such substances as follows:
desoxyephedrine (methamphetamine), mephentermine, pipradol, phenmetrazine, methylphenidate or any salt mixture
or optical isomer thereof which salt mixture or optical isomer has a stimulating effect on the central nervous system.

               (c) Chloral hydrate (chloral); chlordiazepoxide and its salts (librium); diazepam (valium);
etchlorvynol (placidyl); ethinamate (valmid); glutethimide (doriden); meprobamate (miltown, equanil, meprospan,
meprotabs); methyprylon (noludar); paraldehyde, codeine or any of its salts.

                (d) Marijuana means all parts of the plant Cannabis Sativa L., including all agronomical varieties,
whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature
stalks of the plant, fiber from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination.

          SMALL AMOUNT. As applied to marijuana means 1.5 ounces or less. This provision shall not apply to
the resinous form of marijuana.

          WHOLESALER. Persons engaged in the business of distributing prohibited drugs to persons included in
any of the classes named in division (A)(1).

          WAREHOUSEMAN. Persons who store prohibited drugs for others and who have no control over the
disposition of the prohibited drugs or stimulants except for the purpose of the storage.

    (B) Unlawful possession, delivery or purchase. It is unlawful for any person to grow, have in possession,
purchase, or to deliver as herein defined any prohibited drug as defined in division (A)(8) hereof, including a small
amount of marijuana, except on a lawful prescription by a practitioner.

     (C) Excepted lawful businesses and professions.

          (1) Division (B) shall not apply to the following in the ordinary course of their trade, their business, or
profession provided, however, this exception shall not be a defense to the doing of the acts prohibited in divisions
(B) and (D) hereof:

          Practitioners
          Pharmacists
          Manufacturers
          Pharmacists as manufacturers
          Wholesalers
          Warehousemen

         (2) Persons engaged in transporting the prohibited drugs as agent or employee of a practitioner,
pharmacist; manufacturer, warehouseman, wholesaler, or common carrier.
                                                  General Offenses                                                     7



          (3) Public officers or public employees in the performance of official duties requiring possession or
control of the prohibited drugs, or persons aiding the officers or employees in the performance of the duties.

         (4) Any patient as herein defined with respect to procuring, possession and use of a prohibited drug in
accordance with the terms of a prescription and prescribed treatment.

          (5) Persons who procure, possess or use the drugs for the purpose of lawful research, teaching or testing,
and not for sale. Lawfully licensed and registered hospitals or bonafide institutions wherein sick or injured persons
are cared for and treated or bona fide hospitals for the treatment of animals.

      (D) Unlawful procuring, purchase, delivery or possession. No person shall possess or have in his or her
control or possession or purchase, or deliver a prohibited drug, or attempt to do so, by fraud, deceit,
misrepresentation or subterfuge, or by the forgery or alteration of a prescription, or by the concealment of a material
fact, or by the use of a false name or the giving of a false address, or by making a false statement in any prescription,
order, report, or record relative to a prohibited drug, or by falsely assuming the title of, or falsely representing any
person to be, a manufacturer, wholesaler, warehouseman, pharmacist, practitioner, or other person described in
division (A) hereof, or by making, issuing or uttering any false or forged prescription.

     (E) Confiscation and disposition. Any prohibited drugs found in the possession of any person convicted of a
violation of this chapter shall be confiscated and shall be forfeited to the Chief of Police, who shall make proper and
timely disposition thereof by destroying them.

     (F) Use of original containers and labels required. All patients having possession of any prohibited drugs, by
lawful prescription of practitioner while the prohibited drugs are lawfully in the person’s possession, shall keep the
prohibited drugs in the original container, in which they were delivered until used in accordance with the
prescription, and shall not remove the pharmacist’s original label identifying the prescription from the original
container.

     (G) Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor.
(Prior Code, § 402.08) Penalty, see § 10.99


§ 130.09 CURFEW OF MINORS.

     (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
8                                         Center City - General Offenses


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 10:30 p.m. and
5:00 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
midnight 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
                                                 General Offenses                                                    9


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 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) A law enforcement officer must look into whether a minor has an affirmative defense before making an
arrest.
Penalty, see § 10.99
10   Center City - General Offenses

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:10/1/2012
language:Unknown
pages:10