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HomeMy WebLinkAbout803: General OffensesSECTION 803 GENERAL OFFENSES SUBSECTIONS: 803.100: CRIMINAL CODE ADOPTED 803.200: DISORDERLY CONDUCT 803.300: OBSCENITY 803.400: PROSTITUTION 803.500: DISORDERLY HOUSES 803.600: USE AND POSSESSION OF RACING, STOCK AND JUNK CARS 803.700: CURFEW 803.800: INJURE CITY PROPERTY 803.900: SOCIAL HOST 803.1000: ABANDONING A MOTOR VEHICLE 803.1100: PENALTY 803.2000: POSSESSION OF CATALYTIC CONVERTERS 803.100: CRIMINAL CODE ADOPTED: The City hereby adopts by reference Minn. Stat. Chap. 609, except that all offenses shall be considered misdemeanors.. 803.200: DISORDERLY CONDUCT: It shall be unlawful for any person, in any public or private place, to engage in, offer or threaten to engage in, or congregate because of, any riot, fight, brawl, tumultuous conduct, act of violence, or any other conduct which disturbs the peace and quiet of another except for participating in a planned and organized athletic contest. Any owner or person in lawful possession or control of such private lands who has knowledge of the disturbance and fails to immediately abate said disturbance shall be guilty of a violation of this subsection. 803.300: OBSCENITY: 803.301: Obscenity Prohibited: (1) Except as otherwise provided in City Code Section 1111, the conduct set forth in this subsection is hereby prohibited when performed or allowed in or on any property wherein any member of the general public is or may be present as a matter of right or by explicit or implicit invitation, and is prohibited in any private place where entrance or access thereto is gained upon the payment of remuneration of any kind, whether directly or indirectly, or when the conduct is performed at any location upon the payment of remuneration of any kind, whether directly or indirectly. (2) Except as otherwise provided in City Code Section 1111, no person shall do or cause, permit, procure, counsel or assist the conduct specified in this subsection, which acts and conduct are hereby deemed to be unlawful and shall subject the person to the criminal penalties available for violation of city ordinances and shall subject a licensee or permittee to possible revocation or suspension of any license or permit granted by the City. 803.302: Prohibited Conduct: The following conduct is prohibited: (1) To employ, use, or be any person unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of a person's pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) To encourage or permit any person to touch, caress or fondle the breast, buttocks, anus or genitals of oneself or any other person. (3) To permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof, or to wear or use such device or covering oneself. (4) To permit any person to perform or to perform oneself any act of or act which simulates: a. With or upon another person, sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. Masturbation or bestiality. c. With or upon another person, the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. The displaying of the pubic hair, anus, vulva, genitals, or female breast below the top of the areola. (5) To permit any person to use or to use oneself any artificial device or inanimate object to depict any of the prohibited activities described in this subsection. (6) To permit any person to remain in or upon the premises who exposes to public view any portion of his or her genitals or anus, or to expose to public view any portion of one's genitals or anus. (7) To show or display or permit the showing or display of any film, still picture, electronic reproduction, or other visual reproduction depicting: a. Any act or simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. Scenes wherein a person displays the vulva or the anus or the genitals. d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described in this subsection. e. Any of the conduct prohibited in this subsection. (8) To disseminate, sell or loan for monetary consideration to any person under the age of 18 any depictions of the conduct prohibited in this subsection. 803.303 Severability: If any of the descriptions or depictions of sexual conduct described in this subsection are declared by a court of competent jurisdiction to be unlawfully included herein because such descriptions or depictions are constitutionally protected or for any other reason, such declarations shall not invalidate this subsection as to other descriptions or depictions included herein. 803.304 Affirmative Defenses: (1) The provisions of this subsection shall not apply to persons who may possess or distribute obscene matter or participate in conduct otherwise prescribed by this subsection when such possession, participation, distribution or conduct occurs in the course of law enforcement activities, or in the course of bona fine scientific, educational or comparable researcher study, or like circumstances of justification. "Bona fide research or study" shall not include showings of obscene matter to the public or to audiences or participants not regularly enrolled or engaged in such research or study. The fact that if he is charged directly or indirectly for admission shall be, by itself, evidence of lack of bona fide research or study. (2) In the prosecution for disseminating indecent material to persons under the age of 18, it is an affirmative defense that: the defendant has reasonable cause to believe that the minor involved had reached his eighteenth birthday; and such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such a minor had reached his eighteenth birthday. (3) The following are exempt from prosecution for disseminating indecent material to persons under the age of 18: Individuals in a parental relationship with the minor; and recognized and established schools, churches, museums, medical clinics and physicians, hospitals, public libraries, governmental agencies or quasi-governmental sponsored organizations, and persons acting in their capacity as employees or agents of such organization. For the purpose of this Section "recognized and established" shall mean an organization or agency having a full time faculty and diversified curriculum in the case of a school; a church affiliated with a national or regional denomination; a licensed physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax exempted organizations which are supported in whole or in part by tax funds or which receive at least one-third of their support from publicly donated funds. 803.400: PROSTITUTION: It shall be unlawful for any person to::   Be supported in whole or in party by the earnings of a prostitute; or  Solicit for a prostitute, direct, take or transport another to a prostitute or place of prostitution, or bring a prostitute to him for the purpose of sexual penetration with a prostitute; or  Hire or offer or agree to hire another person to engage in sexual penetration. Minn. Stat. Sec. 609.32, a State law governing prostitution, shall govern this subsection in regard to interpretation and definition, and shall take precedence where an accused person is charged with the violation of both State Statute and this subsection. 803.500: DISORDERLY HOUSES: No person shall own, lease, operate, maintain, reside in, visit or entice or attempt to entice another to reside in or visit any building or place with knowledge that unlawful sexual intercourse, prostitution, lewd, lascivious or indecent acts, gambling or the unlawful sale of intoxicating liquor or nonintoxicating malt liquor, or that the unlawful use, sale or keeping for sale of any drug or of any controlled substance as defined in Minnesota Statutes, section 152.01, subdivision 4, occurs therein. Evidence of the general reputation of such a building or place is one where any of the foregoing occurs shall be prima facie evidence of such knowledge. Minn. Stat. Sec. 609.33, a State law governing disorderly houses, shall govern this subsection in regard to interpretation and definition, and shall take precedence where an accused person is charged with the violation of both State Statute and this subsection. 803.600: USE AND POSSESSION OF RACING, STOCK AND JUNK CARS: 803.601: Definitions: For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Junk Cars: Any motor vehicle which is in such an unsafe condition so as to endanger any person or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required by Minnesota Statutes Chapter 169 or is equipped in any manner in violation of Minnesota Statutes Chapter 169 or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota by the State of Minnesota. Racing Car: Any motor vehicle designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between 2 or more vehicles or for timing of speed. Stock Car: Any motor vehicle of standard design and construction which is modified, adapted or altered in any manner to increase its speed or safety, and designed or intended for operation on a speedway, racetrack, or other facility used or designed for high speed contests between 2 or more vehicles or for timing of speed. 803.602: Parking And Storage: No person shall park, keep, place, or store or permit the parking or storage of a stock car, racing car, or junk car on a public street or alley, or on any private lands or premises which the person owns, occupies, or controls unless it shall be within a lawfully erected building on such private lands or premises. 803.603: Repair, Service Or Maintaining: No person shall service, repair, replace parts or do maintenance work on a stock car, racing car, or junk car on a public street nor on any private lands or premises unless it shall be within a building on such private lands or premises. 803.604: Operation: No person shall drive or operate a stock car or racing car upon the streets and alleys within the limits of the City. 803.700: CURFEW: 803.701 Purpose: The curfew for minors established by this subsection 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. 803.702 Definitions: For the purpose of this subsection, 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 located at Scott County Dispatch Center. 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. 803.703 Hours: (1) Minors under the age of 12 years. No minor under the age of 12 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 following hours: (a) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (2) Minors ages of 12, 13 or 14 years. No minor of the ages of 12, 13 or 14 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 following hours: (a) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day, official city time. (3) Minors ages 15, 16 or 17 years. No minor of the ages of 15, 16 or 17 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 following hours: (a) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day, official city time; (b) Any time between 12:01 a.m. and 5 a.m. on any Saturday or Sunday, official city time. 803.704 Effect on control by adult responsible for minor: Nothing in this subsection shall be construed to give a minor the right to stay out until the curfew hours designated in this subsection if otherwise directed by a parent, guardian, or other adult person having the primary care and custody of the minor; nor shall this subsection be construed to diminish or impair the control of the adult person having the primary care or custody of the minor. 803.705 Exceptions: The provisions of this subsection 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; (3) To a minor who is in any of the places described in this subsection 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 such 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; or (9) To a minor who is on an errand at the direction of a parent or guardian. 803.706 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 subsection by the minor. 803.707 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 subsection 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 subsection apply. 803.708 Defense: It shall be a defense to prosecution under this subsection that: (1) 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; or (2) The owner, operator or employee reasonably and in good faith relied upon a juvenile’s representations of proof of age. Proof of age may be established pursuant to M.S. § 340A.503, Subd. 6 or other verifiable means, including, but not limited to, school identification cards and birth certificates. 803.800: INJURE CITY PROPERTY: The City property referred to herein shall include the City water tower, all City buildings, and all other City equipment or structures (including motor equipment and/or park structures). It shall be unlawful for anyone to climb or scale or go upon City property unless duly authorized by the City, and it shall be unlawful for anyone to tamper with or open any fire hydrant unless duly authorized by the City, and anyone so opening a fire hydrant shall make restitution for the value of any water lost or used as the result of said opening in addition to the penalties provided herein. 803.900 SOCIAL HOST: The Prior Lake City Council desires to protect the health, safety and welfare of all persons living in and visiting the City. The use of alcohol by persons under the age of 21 is prohibited by State statute. This subsection prohibits, and establishes penalties for, any person hosting an event or gathering where alcohol is present and being possessed or consumed by persons under 21 years of age. 803.901 Declaration of Policy. The Prior Lake 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 the age of twenty-one possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. The Prior Lake City Council finds that: 1. Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 constitute a threat to public health requiring prevention or abatement. 2. Prohibiting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose, loud, lewd and lascivious behavior that disrupts the use and enjoyment of real property or alcohol-related traffic collisions. 3. 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. 4. Events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity and, in some circumstances, provide the alcohol. 5. 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. 6. A deterrent effect will be created by holding a person criminally responsible for hosting an event or gathering where underage possession or consumption occurs. 803.902 Definitions. For the purpose of this subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Alcohol-related product. An “alcohol-related product” as defined in City Code Section 301 .  Event or gathering. “Event or gathering” means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.  Host. “Host” means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.  Parent. “Parent” means 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.  Residence or Premises. “Residence” or “premises” means any home, yard, farm, 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. “Underage person” is any individual under 21 years of age. 803.903 Prohibited Acts. 1. It shall be unlawful for any person(s) to host an event or gathering at any residence, premise where alcohol-related products are present and underage persons may also be present if: a. The person hosting the event or gathering knows or reasonably should know that the underage person(s): i. may or does consume alcohol-related products; or ii. possesses alcohol-related products with the intent to consume it; and b. The person fails to take reasonable steps to prevent the possession or consumption by the underage person(s). 2. A person is criminally responsible for violating this subsection if the person intentionally aids, advises, hires, counsels, or conspires or otherwise procures another to commit the prohibited act. 3. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible. 803.904 Exceptions. 1. This subsection does not apply to conduct solely between an underage person and his or her parents while present in the parent’s household. 2. This subsection does not apply to legally protected religious observances. 3. This subsection does not apply to retail intoxicating liquor or 3.2 percent malt liquor licensees, municipal liquor stores, or bottle club permit holders who are regulated by Minn. Stat. §340A.503 Subd. 1(a)(1). 4. This subsection does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. 803.905 Severability. If any section, subsection, sentence, clause, phrase, word, or other portion of this subsection is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect. 803.1000: Abandoning a Motor Vehicle: It is unlawful for any person to abandon a motor vehicle on any public or private property without the consent of the person in control of such property. For the purpose of this subsection, a "motor vehicle" is as defined in Minn. Stat. Chap 169 and the term "abandon" means to permit to remain thereon for a continuous period in excess of forty-eight (48) hours. 803.1100: Penalty: Any person who violates any provision of this Section or any regulation adopted hereunder relating to acts, omission or conduct, other than official acts of City officers and employees, shall be guilty of a misdemeanor and punishable in accordance with the penalties established by Minnesota Statute. A separate offense shall be deemed committed for each day such violation is permitted to exist. A person under the age of 18 found to be in violation of this Section may be adjudicated delinquent and shall be subject to the dispositional alternatives set forth in Minn. Stat. Chap. 260B, as it may be amended from time to time. 803.2000: Possession of Catalytic Converters: No person shall be in possession of a catalytic converter that is not attached to a motor vehicle unless the individual can provide verification of legal receipt of the catalytic converter or proof of compliance with the requirements in Minnesota Statutes, Section 325E.21, Subd. 1b. (Ord. Amd. 122-06, pub. 8/13/2022)