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Home My Public Portal About213 aCITY OF MEDINA 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 Medi ATTEST: , 1984. /eze_x_r) Donna Roehl, Clerk Published in the /1/ day of , 1984. 6„,„) Zt(x_c, i this / day of Mayor this AN ORDINANCE ENACTING THE MEDINA CITY CODE OF 1984 THE CITY COUNCIL OF THE CITY OF MEDINA DOES ORDAIN AS FOLLOWS: Section 1. Code Adopted. Pursuant to the authority granted by Minnesota Statutes, Sections 415.02 and 415.021, the City Council hereby enacts the Medina City Code of 1984 (the "Code") prepared at the Council's direction and dated , 1984. The Code is a revision, rearrangement, recodification and reenactment of all existing effective ordinances of the City except as otherwise provided in this ordinance. Sec. 2. Copies Available. A substantial quantity of the Code shall be printed for general distribution and availability to the public in such reason- able quantities and at such reasonable charges as may be fixed by the City Clerk -Treasurer, and copies shall be kept available for public inspection in the offices of the Clerk -Treasurer. Sec. 3. Notice of Publication. The City Clerk -Treasurer shall publish notice of the availability of the Code for two successive weeks prior to the effective date of this ordinance. Sec. 4. Ordinances Not Affected. The following ordinances of the City not included in the Code are not affected, repealed, amended or altered by the adoption of the Code: a) Ordinance No./ 7L, and all ordinances amendatory thereof, con- stituting the Minnegasco Franchise Ordinance. b) A11 other ordinances of the City not included in the Code as they existed on the day prior to the effective date of this ordinance. Sec. 5. Existing Rights and Liabilities. The disposition by repeal of heretofore existing ordinances and the rearrangement and recodification of existing and new ordinances accomplished by the Code has been accomplished in accordance with the provisions of state law. The procedures followed in this recodification are not to be construed so as to alter, diminish, increase or otherwise modify any rights, duties or liabilities of the City or any person existing on the effective date of the Code. The provisions of the Code insofar as they are the same in substance as those of previous ordinances of the City of Medina are essentially, but not actually, continuations of such previous ordi- nances. Every act done, offense committed or right accruing or accrued, or liability, penalty, forfeiture or punishment incurred or assessed prior to the effective date of the Code is not affected by its enactment. Sec. 6. Inclusion in Code Appendix. This ordinance shall be included in an appropriate appendix to the Code. Sec. 7. Custody: Distribution. The City Clerk -Treasurer is the custodian of all copies of the Code. The Clerk -Treasurer may distribute copies of the Code to such city offices and employees in such quantities as may be authorized by the City Council. Sec. 8. Effective Date. This ordinance is effective qfter is passage and publication. The Medina City Code of 1984 is effective on ,Jet.41.. y , �� / yv4 Adopted this Approved this Attest: /6 day of h Q L pni.L✓ , 1984. day of c-em, 1984. -�� Donna Roehl City Clerk -Treasurer Published: (Affidavit of Publication attached) MAYOR'S CERTIFICATE STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) I, Thomas Anderson, do hereby certify, by authority of Minnesota Statutes, Section 599.12, that I am the Mayor of the City of Medina, Hennepin County, Minnesota; that the attached Medina City Code containing Chapters 1 through 8, inclusive, has been correctly published by the authority of the Medina City Council as a codification of the ordinances of the City of Medina and was adopted by the City Council of said City as a new and original ordinance on dt•Grrzh'zr /c , 1984, effective j\_ . 8 the Mayor. Attest: Donna Roehl Clerk -Treasurer /9YS , 1-9H4, and duly approved by o�•s Anderson Mayor NOTICE OF CODIFICATION NOTICE IS HEREBY GIVEN, that the ordinances of the City of Medina, Minnesota, have been published in a code known as, and hereafter cited as, "The Medina City Code" which code has been adopted by the City Council; that a substantial quantity of the codification has been printed for general dis- tribution to the public; that copies of the code are available at the office of the City Clerk -Treasurer in the City Hall, at Medina, Minnesota; that this notice is given in accordance with Minnesota Statutes, Section 415.02 and 415.021. Dated G cG„ti«J d , 1984 Published for two successive weeks on _3C% / 1,'/-L and dynes , �3 Donna Roehl City Clerk -Treasurer , 1984. (Affidavits of Publication attached).