CHAPTER 130: GENERAL PROVISIONS
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CHAPTER 130: GENERAL PROVISIONS
Section
General Provisions
130.01 Damage to property; graffiti
130.02 Discharging firearms
130.03 Curfew for Minors
130.99 Penalty
GENERAL PROVISIONS
§ 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.
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(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 therefrom, 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
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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.
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(B) Hunting in a city park. No person shall hunt, shoot, or kill game within 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. No person shall discharge a firearm of any description
or fire, explode or set off any other explosive instrument, substance or material, within the limits
of the city unless otherwise stated in this Code, or by the laws of the State of Minnesota or upon
the written permission of the City Council.
(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.
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OFFICIAL CITY TIME. The time of day as determined by reference to the master clock
used by the Police Department or County Sheriff’s 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 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
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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 apply.
(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.
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(B) Curfew penalties.
(1) Minors. Any minor found to be in violation of § 130.05 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 § 130.05 shall be guilty of a
misdemeanor.