TITLE XIII:
GENERAL OFFENSES
Section
130.01
Damage to
property; graffiti
130.02
Discharging
firearms
130.03
Curfew for Minors
130.99
Penalty
§ 130.01 DAMAGE TO PROPERTY; GRAFFITI.
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
GRAFFITI. In addition to
its usual and customary meaning of defacing walls or structures with messages
or slogans, GRAFFITI shall also mean any letter, numeral, figure,
emblem, insignia, picture, outline, character, spectacle, delineation,
announcement, word, phrase, diagram, symbol, sketch, inscription or
representation, wherein the contents thereof are visible to any member of the
general public and which contains references to sexual activity, diagrams
relating to sexual activity or sexual organs, references to criminal activities
or groups which promote or are involved in criminal activity, swearing or
fighting words, defamatory materials about any person, references to
relationships, or any marking of any kind whatsoever which results in damage
to, defacing of, marring of, or discoloring of any sidewalk, street, or other
public surface, any vehicle, any equipment, lamp, lamp post or other city
property, or of the exterior surface of a wall, fence, door, building or other structure,
whether publicly or privately owned.
OWNER. Means and
includes the owner of record of the subject property, whether public or
private, at the time of the placement or discovery of the graffiti or at a
subsequent time, the beneficial owner under a land trust, the contract
purchaser, or that person or persons or trust in whose name the general taxes
for the last preceding year were paid, except that OWNER shall
not include the city.
(B) Conduct prohibited.
(1) It is unlawful for any person to
inscribe, draw, or otherwise place or cause to be placed any graffiti upon the
surface of any building, structure, wall or surface of other property that is
publicly or privately owned.
(2) It shall be unlawful for any
parent or legal guardian to knowingly permit any minor child in his or her
custody or control to violate division (B)(1) of this section.
(3) The parent or legal guardian
of a minor defendant who resides with the parent or legal guardian at the time
of the offense may be held liable for any fine or condition of restitution or
reparation imposed by a court upon a minor for violation of this section;
provided, that minor has not paid the fine or made restitution or reparation
within the time ordered by the court; and further provided that the parent or
legal guardian has been served with summons or notice to appear whether in the
original cause or in any subsequent proceedings arising there from, including
sentencing or collection actions, as provided by law.
(C) Removal by owner.
(1) Owner's responsibility. It shall be the duty of the owner of the
structure or wall or other private property upon which any graffiti is placed
or made to remove, eradicate, or eliminate the inscription or representation
within 30 days of the occurrence unless granted additional time by the City
Council.
(2) Notice to remove
graffiti. In the event the owner has
failed to eliminate the graffiti, the owner shall be notified by certified mail
or personal notice that he or she has 30 days from the date of the notice in
which to remove the graffiti. In the
event that charges have been filed against the person believed responsible for
placement of the graffiti and the owner can show to the city that there is a
reasonable likelihood that the person will be required to make restitution or
restore the premises to its previous condition, the owner may be given
additional time to meet the removal requirements. In no event shall the owner be granted more
than a total of six months' time to remove graffiti, but any extensions shall
be based solely upon a reasonable likelihood of apprehension and conviction of
the person responsible. In the absence
of the reasonable likelihood, the owner is responsible for removal within the
time allowed in divisions (C)(1) and (2) of this section.
(3) List of contractors and
cleaning materials. The city may
make available a list of contractors in the business of removing graffiti and
list of cleaning materials generally recognized in the industry as effective in
the removal of graffiti. By providing
lists of contractors and cleaning materials, the city does not guarantee the
quality or adequacy of work performed by anyone selected by owner or the
effectiveness or safety of the materials listed, and the city expressly
disclaims responsibility or liability for the quality or adequacy of the work
or materials or any claims for damage or injury arising therefrom.
(D) Removal by the city.
(1) The city shall have the
right but not the duty to remove graffiti from the exterior of private property
if the owner informs the city of the presence of the graffiti and of the
owner's inability to remove it. Prior to
the city entering any private property to remove graffiti, the owner must sign
a statement authorizing removal by the city and agreeing to pay the reasonable
costs of the removal and to allow the recording of a lien against the real
estate upon which the work was performed if the cost is not paid to the city
within 30 days of the date of the invoice sent to the owner. The owner must also sign a release holding
the city harmless from any claims or suits brought for damages pursuant to any
adverse or injurious effects of such chemicals or from the actions taken by the
city or its employees to remove the graffiti prior to the city commencing work
on the property. If the property owner
does not remove the graffiti within the time specified or extended time
requested and granted by the city or if the city is unable to perform the work
at the request of the owner, the owner shall be subject to the penalties listed
in division (E) of this section.
(2) If the city performs the
graffiti removal pursuant to division (D)(1) of this section, it shall be
entitled to a lien and to file a notice of lien against the property upon which
the work was performed for the cost of the removal.
(E) Penalty.
(1) Upon a finding of guilty for
violation of division (B) of this section, an offender shall be punished as
provided in § 130.99. Additionally,
the court may, as a condition of probation, supervision, or conditional
discharge, require that the party guilty of violating the provisions of
division (B) of this section make full and complete restitution to the owner of
the property for expenses incurred in the removal of the graffiti or, with the
consent of the owner, restore the structure, wall, building or surface to its
previous condition. In addition, the
court may order as a further penalty community service in the form of time to
be spent in cleaning property that has been defaced by graffiti in any location
in the city.
(2) Upon a finding of guilty for
violation of division (C)(1) of this section, an offender shall be punished as
provided in § 130.99. Each and
every day that graffiti is permitted to remain beyond the time specified in
division (C)(2) of this section shall constitute a separate violation.
(F) Compliance by the city.
(1) It is the intention of the
city that graffiti discovered upon city property or public property under the
jurisdiction and control of the city will be removed within the time periods
for graffiti removal imposed upon other governmental bodies and owners of
private property under this section. The
City Council shall have the authority to order and direct the removal of
graffiti.
(2) A designated city officer,
or his or her designee, shall provide, no less than semi-annually, a written
report to the City Council of graffiti incidents involving city property and
removal efforts by the city. The report
shall include at a minimum the location of the graffiti, charges filed against
or convictions of offenders where relevant, the date and methods of graffiti
removal undertaken by the city and the cost of the removal.
Penalty,
see § 130.99
§ 130.02 DISCHARGING FIREARMS.
(A) Shooting upon, over or near a
cemetery. No person shall, without
permission from the proper officials, discharge a firearm upon or over a
cemetery or within 100 yards thereof, unless the person is upon his or her own
land.
(B) Hunting near a city park. No person shall hunt, shoot, or kill game
within ½ mile of a city park unless the City Council has granted permission to
kill game not desired within the limits prohibited by this division.
(C) Discharge of firearms prohibited
in certain places. No person shall
discharge a firearm on a lawn, park, playground, orchard, or other ground
appurtenant to a school, church, or an inhabited dwelling, the property of
another, or a charitable institution.
This section does not prevent or prohibit the owner thereof from discharging
firearms upon his or her own land.
(D) Discharging firearms on highways
prohibited. No person shall
discharge a firearm upon or over a public road or highway.
(E) Exceptions. This section shall not prohibit the firing of
a military salute or the firing of weapons by persons of the nation's armed
forces acting under military authority, and shall not apply to law enforcement
officials in the proper enforcement of the law, or to any person in the proper
exercise of the right of self defense, or to any person otherwise lawfully
permitted by proper federal, state or local authorities to discharge a firearm
in a manner contrary to the provisions of this section.
(F) If any of the above provisions are
found to be in conflict with M.S. § 624.717, as it may be amended from
time to time, the provisions of that statute shall prevail.
Penalty, see § 130.99
§ 130.03 CURFEW FOR MINORS.
(A) Purpose. The curfew for minors established by this
section 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.
(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 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
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 one 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.
Penalty, see § 130.99
§ 130.99 PENALTY.
(A) Generally. Whoever violated any provision of this
chapter for which no other penalty has been established shall be punished as
provided in § 10.99.
(B) Curfew penalties.
(1) Minors. Any minor found to be in violation of
§ 130.03 may be adjudicated delinquent and shall be subject to the
dispositional alternatives set forth in M.S. § 260.185, as it may be
amended from time to time.
(2) Adults. Any adult person found to be in violation of
§ 130.03 shall be guilty of a misdemeanor.