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ORDINANCE NO.
AN ORDINANCE RELATING TO TRESPASS
UPON LAND FOR PURPOSES OF CONSUMPTION
OF ALCOHOL OR CONTROLLED SUBSTANCES
THE CITY COUNCIL OF THE CITY OF MEDINA DOES ORDAIN AS FOLLOWS:
SECTION I
The Code of the City of Medina is amended by adding the following:
640. FIELD PARTIES, TRESPASS
640.01. Trespass - Unlawful. It shall be unlawful for any person
to do any of the following:
Subd. 1. Trespass by Individual. The uninvited entry on to
the land of another for the purpose of consuming alcoholic beverages
or using controlled substances;
Subd. 2. Trespass by Motor Vehicle. The uninvited entry by
motor vehicle on to the land of another to facilitate the consump-
tion of alcoholic beverages or the use of controlled substances;
Subd. 3. Permitting Trespass by Motor Vehicle. As owner of
a motor vehicle, to allow the uninvited entry by motor vehicle on
to the land of another to facilitate the consumption of alcoholic
beverages or the use of controlled substances.
640.03. Determination of Whether Entry Uninvited. An entry is un-
invited if the person on the land cannot produce written or oral
permission from the landowner or lessee for the entry, or if the
landowner or lessee is not present and consenting to the entry.
640.05. Determination of Purpose of Entry.
Subd. 1. To determine the purpose of an uninvited entry of a
person or motor vehicle onto the land of another, the factors to be
considered include, without limitation, the following:
a) Time of day;
(b) Presence of containers intended to contain or con-
taining alcoholic beverages;
(c) Presence of equipment used to dispense alcoholic
beverages;
(d) Presence of paraphernalia containing identifiable
residues of a controlled substance;
(e) Noise level;
(f) Lighting;
(g) Identified physiological responses; and
(h) Conduct of persons in the presence of a peace
officer.
640.07. Defenses. If the trier of fact finds that the landowner
or lessee expressly consented, endorsed or ratified the entry onto
land, such a finding shall constitute an absolute defense to charges
under this section.
640.09. Owner, Lessee Liability. A landowner, or lessee who ex-
pressly consents to, endorses, or ratifies an entry onto land is
not presumed to be in control of the persons gathered on the land,
nor is the landowner, or lessee presumed to have knowledge of an
unlawful act merely because of express consent, endorsement, or
ratification.
•
640.11. Penalty. Any person violating this ordinance shall, upon
conviction thereof, be subject to a fine not to exceed $700.00 or
imprisonment for a period not to exceed ninety (90) days, or both,
together with the costs of prosecution.
This ordinance becomes effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this ;� day of
, 1984.
J
ATTEST:
Donna Roehl, Clerk
Published in the
day of
z
An.e son, Mayor
, 1984.
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