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HomeMy WebLinkAbout01-25-2021 Council Work Session PacketCouncil Work Session Monday, January 25, 2021 5:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 WORK SESSION AGENDA The Orono Council Work Session is open to the public 1. Deer Hunting 2. City Administrator Search Update Council Work Session Monday, January 25, 2021 5:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Past Meeting Agendas January 11, 2021 • Update/Direction on Medina Fire District Discussions • City Administrator Search Process Update • Update of Text Amendments • Text Amendment Boat Storage Discussion November 23, 2020 • Drug Paraphernalia • Utility Rate Study November 9, 2020 • COVID-19 Update • Update on Text Amendments • Building Inspection Services RFP Discussion Annual Discussions Timeframe: • Budget: Part of June, All of July, August and October. • City Administrator & Police Chief Update (3 times per year for 15 minutes) CITY OF ORONO MEMORANDUM DATE: January 25, 2021 TO: Mayor Walsh, City Council members FROM: Correy Farniok, Police Chief RE: Deer Hunting The purpose of this action item is to discuss deer hunting, the current ordinance and concerns of residents. Two complaints were received by residents regarding deer hunting in 2020. Exhibits: A. 2019 Permit Database B. 2020 Permit Database Permit Number:Year / Type of Application:Applicant Name:City: 19-01 2019 Bow & Arrow Cain Intlekofer Watertown 19-02 2019 Bow & Arrow Peter Pietila Delano 19-03 2019 Bow & Arrow Dustin Gabert Plymouth 19-04 2019 Bow & Arrow Allen Leuthner Mayer 19-05 2019 Bow & Arrow Lawrence James Burns Mayer 19-06 2019 Bow & Arrow Steve Gerber Wayzata 19-07 2019 Bow & Arrow Dan Chumbler Independence 19-08 2019 Bow & Arrow Paul Strangis Maple Grove 19-09 2019 Bow & Arrow Daniel Walters Princeton 19-10 2019 Bow & Arrow Daniel Walters Princeton 19-11 2019 Bow & Arrow Kevin Jerde Maple Plain 19-12 2019 Bow & Arrow Erik Jerde Maple Plain 19-13 2019 Bow & Arrow Jordan Guldberg Maple Plain 19-14 2019 Bow & Arrow John Hendricks Watertown 19-15 2019 Bow & Arrow Michael Rees Bloomington 19-16 2019 Bow & Arrow Rosalie G Repke Plymouth 19-17 2019 Bow & Arrow Jeff Nester Minnetrista 19-18 2019 Bow & Arrow Edward A. Otis Stillwater 19-19 2019 Bow & Arrow Daniel Douglas Jerde St. Michael 19-20 2019 Bow & Arrow Nicholas J repke Eagan 19-21 2019 Bow & Arrow Timothy Lembke Mound 19-22 2019 Bow & Arrow John Paul Nagengast Plymouth 19-23 2019 Bow & Arrow Larry R. Carlson Wayzata 19-24 2019 Bow & Arrow Andrew A Borash Chanhassen 19-25 2019 Bow & Arrow Harry Hust Orono 19-26 2019 Bow & Arrow Brad N Propp St. Peter 19-27 2019 Bow & Arrow David Healy Orono 19-28 2019 Bow & Arrow Christopher David Edina 19-29 2019 Bow & Arrow Richard John Stommes Waverly 19-30 2019 Bow & Arrow William L Severson Orono 19-31 2019 Bow & Arrow John J Will Spring Park 19-32 2019 Bow & Arrow David Mundahl Loretto 19-33 2019 Bow & Arrow Sam Cederberg Delano 19-34 2019 Bow & Arrow Jeff Erb Orono 19-35 2019 Bow & Arrow Dorance David Ryerse III Wayzata 19-36 2019 Bow & Arrow Ryan Meier Orono 19-37 2019 Bow & Arrow Kevin Spaniol Long Lake 19-38 2019 Bow & Arrow John Patterson Independence 19-39 2019 Bow & Arrow Dorance David Ryerse III Wayzata 19-40 2019 Bow & Arrow Chad Augeson Long Lake 19-41 2019 Bow & Arrow Jerad Hahn Orono 19-42 2019 Bow & Arrow Daniel J. Morgan Trempealeau Property Owner 1 Property Address/PID 1: Total Contiguous Acreage Being Hunted: Pam Sawchuk 4105 Watertown Road 9.23 Bradley J Pass 215 North Arm Lane, Orono 20 Kathrny Dumas 3025 Wayzata Blvd 52.74 Morris Levy 2485 North Shore Drive, Orono 9.01 Morris Levy 2425 North Shore Drive, Orono 78.57 Steve Gerber 30 Orono Orchard Rd S, Wayzata 5.79 Jeff and Sarah Gorsuch 4360 Chippewa Lane, Maple Plain 8.77 Rick Lupient 3220 W. Wayzata Blvd, Orono 13.21 Wayne Leneave 360 Wakefield Rd 7.07 Bev Ebbecke 2180 Fox Street 9.74 Daniel & Patrice Perkins 55 Landmark Drive 27.99 Daniel & Patrice Perkins 55 Landmark Drive 27.99 Daniel & Patrice Perkins 55 Landmark Drive 27.99 Morris & Dorothy Levy 2425 North Shore Drive 9.01 Ross Repke 3380 Watertown Road 9.19 Ross Repke 3380 Watertown Road 9.19 Richard Rudd 4575 Spruce Way 14.42 Verne Hubbell 3360 Watertown Road 9.19 Brian & Judith Butterfield 3905 Watertown Road 14.55 Ross Repke 3380 Watertown Road 9.19 Chris Morgart 1003 Wildhurst Trail 10.09 Annette M Bruscino 420 Brown Road S 6.38 Ruth Stricker Dayton 900 Old Long Lake Road 37.73 James Johnson 4300 Watertown Road 11.17 Aimee & Mark Hansen 2265 Devin Lane 5.08 Ross Repke 3380 Watertown Road 9.19 Revis L Stephenson 3760 Watertown Road 61.07 Peder Gustafson 387 Orono Orchard Rd S 6.07 Margherita Harris 2927 Farview Lane 5.6 Richard Hawkins 07-117-23-22-0011 22 Rick Krieger 355 Stubbs Bay Road N 9.99 Frederick and Elenor Winston 765, 755 &761 Spring Hill Road 52.8 Al & Shirley Rezabek 0611723140008 6.12 Jeff Erb 4700 Creekwood Trail 6.2 Barbara Steiner & Tom Rassieur 1050 Edgewood Hill, Wayzata 10.19 Ryan Meier 0311723210019 8.21 Ryan Meier 0311723210019 8.21 Barbara Steiner & Tom Rassieur 1050 Edgewood Hill, Wayzata 10.19 Mary L Ryerse Rev Trust 1520 Green Trees Rd 6.9 Jeff Erb 4700 Creekwood Trail 6.2 Leslie Barry 809 Brown Road N 6.8 J E Marks & MCM Marks 2580 Fox Street 6.09 Permit Number:Year / Type of Application:Applicant Name:City:Property Owner 1 Property Address/PID 1: Total Contiguous Acreage Being Hunted: 20-01 2020 Bow & Arrow Samuel Hovda Mound Robert Witt & Julie Ann Johnson 2530 Fox Street 12.21 20-02 2020 Bow & Arrow Melody Hovda Mounds Robert Witt & Julie Ann Johnson 2530 Fox Street 20-03 2020 Bow & Arrow Cody Wuollet Cokato Peder Gustafson 387 Orono Orchard Road S 6.9 20-04 2020 Bow & Arrow Kent Lilligren Watertown Christopher Morgart 0711723210002 15 20-05 2020 Bow & Arrow Scott Marrs Mound Chris Morgaart 0711723210002 20-06 2020 Bow & Arrow Dustin Gabert Plymouth Kathryn Dumas 3025 Wayzata Blvd., Orono, MN 3311823230002 52.74 20-07 2020 Bow & Arrow JOHN NAGENGAST PLYMOUTH CORCORAN SHANNON 430 BROWN RD S 6.38 20-08 2020 Bow & Arrow Cain Intlekofer Watertown Pam Sawchuk 4105 Watertown Rd. 3111823410004 9.23 20-09 2020 Bow & Arrow Allen Leuthner Mayer Morris Levy 2425 North Shore Dr. PID:0911723440003 9.01 20-14 2020 Bow & Arrow John Stevens Hendreicks Watertown Morris Levy 2425 North Shore Dr. PID:0911723440003 9.01 20-15 2020 Bow & Arrow Todd Henry King Orono Todd King 3855 Watertown Rd PID:3211823330004 19.17 20-16 2020 Bow & Arrow Mathew Warren Corcoran TOOD KING 3855 Watertown Rd PID:3211823330004 19.17 20-17 2020 Bow & Arrow William Lucas Severson Orono Christopher Morgart 1003 Wildhurst Tr PID:0711723210002 13.42 20-18 2020 Bow & Arrow Kevin Jerde Maple Plain Daniel & Patrick Perkins PID: 0511723220010 55 Landmark Dr.27.99 20-20 2020 Bow & Arrow David Healy Orono Benjamin Goodwin 580 Kokesh Farm Rd.61.07 20-10 2020 Bow & Arrow Paul Strangis Maple Grove Rick Lupient 3200 Wayzata Blvd. W PID:3311823220001 20-11 2020 Bow & Arrow Larry Carlson Wayzata Kim A Griffin 900 Old Long Lake Rd. PID:3511823140008 20-12 2020 Bow & Arrow Daniel M Walters Princeton Beverly Ebbecke 2180 Fox St. PID 0311723310005 16.81 20-13 2020 Bow & Arrow Lawrence Burns Mound Greg & Denise Steinhafer 2385 North Shore Dr PID:1011723330001 78.57 20-19 2020 Bow & Arrow PETER PIETILA DELANO CA ARMSTRONG/BRAD PASS 215 NORTH ARM DRIVE 20 20-39 2020 Bow & Arrow Steven Gerber Wayzata GERBERET 30 ORONO ORCHARD RD. N; PID:3511823330037 5.79 20-41 2020 Bow & Arrow Davis Bruce Johnson St. Louis Park Repke 3380 WATERTOWN RD. PID:3211823440006 6 20-42 2020 Bow & Arrow IAN MCPHERSON Eden Prairie Repke 3380 Watertown Rd.; 3211823440006 6 20-44 2020 Bow & Arrow MAXWELL SAWOCHKA ORONO SAWOCHKA 150 North Shore Dr./ 0611723220023 7.82 20-45 2020 Bow & Arrow KIRK KIRSCHT ORONO Kirscht 180 North Shore Dr./ 0611723220024 7.82 20-47 2020 Bow & Arrow Richard Stommes Waverly Billligmeier 2935 Farview Lane / PID: 0411723340009 20-49 2020 Bow & Arrow CHAD AUGESON LONG LAKE JEFF ERB 4700 CREEKWOOD TR./ PID:3011823330004 6.2 20-51 2020 Bow & Arrow HENRY ORDWAY NEW YORK ORDWAY 1145 6TH AVE. N. / PID:2611823340006 5.28 20-54 2020 Bow & Arrow John Patterson Independence Jackson 1055 Edgewood Hills Rd.; PID:021172340002 8.68 20-55 2020 Bow & Arrow Holden Mohs Maple Plain Jackson 1055 Edgewood Hills Rd.; PID:021172340002 8.68 20-56 2020 Bow & Arrow David Ryerse Wayzata Jackson 1055 Edgewood Hills Rd.; PID:021172340002 8.68 20-57 2020 Bow & Arrow DAVID WELLS VICTORIA REBECCA JOHNSON LANE 4575 Wolverton Pl. / PID:3111823310007 7.28 20-58 2020 Bow & Arrow MARK SCHRUPP BIG LAKE SCHWARTZ 2805 LITTLE ORCHARD WAY / 0911723120010 5.22 20-59 2020 Bow & Arrow Treyton Parker Rogers Joan Migliori 1655 Fox St.; PID: 0211723330014 12.11 20-60 2020 Bow & Arrow Derek Parker Rogers Migliori 1655 Fox St.12.11 20-21 2020 Bow & Arrow Dan Chumbler Independence Chelberg 4490 Watertown Rd. PID:3111823210005 70.45 20-22 2020 Bow & Arrow Tim Lembke Mound Christipher Morgart 1003 Wildhurst Trail PID:0711723210002 10.09 20-23 2020 Bow & Arrow Mitchell Albers Minnetrista Stephen Newell 1485 Sixth Ave N. PID: 2611823330029 34.84 20-24 2020 Bow & Arrow Jeannie Marie Fries Independence Hanning 4220 Sixth Ave N. PID:3111823120015 20.02 20-25 2020 Bow & Arrow Garry Allen Fries Maple Plain Wengler 2420 Fox St. PID:0411723410005 20.02 20-26 2020 Bow & Arrow Ross Repke Orono Repke 3380 Watertown Rd. PID:3211823440006 6 20-27 2020 Bow & Arrow JORDAN GULDBERG MAPLE PLAIN PERKINS 55 LANDMARK DR PID:0511723220010 27.99 20-28 2020 Bow & Arrow NICHOLIS REPKE EAGAN REPKE 3380 WATERTOWN RD. PID:3211823440006 6 20-29 2020 Bow & Arrow Daniel Douglas Jerde St. Michael Brian Butterfield 3925 Watertown Road 14.55 20-30 2020 Bow & Arrow ERIK JERDE MAPLE PLAIN PERKINS 55 LANDMARK DR. PID 0511723220010 27.99 20-31 2020 Bow & Arrow EDWARD A OTIS STILLWATER REPKE 3380 WATERTOWN RD. PID:3211823440006 6 20-32 2020 Bow & Arrow DAN STEISKAL FRIDLEY REPKE 3380 WATERTOWN RD PID: 3211823440006 6 20-33 2020 Bow & Arrow DORANCE DAVID RYERSE III WAYZATA RYERSE 1520 GREEN TREES RD. PID:111723230014 6.9 20-34 2020 Bow & Arrow MICHAEL REES PLYMOUTH REPKE 3380 WATERTOWN RD PID:3211823440006 6 20-35 2020 Bow & Arrow BRADLEY PROPP ST PETER REPKE 3380 WATERTOWN RD. PID: 3211823440006 6 20-36 2020 Bow & Arrow Ryan Thomas Meier Orono MEIER 2135 COLIN DR. PID: 0311723220016 6.92 20-37 2020 Bow & Arrow SCOTT LOGELIN WACONIA MEIER 2135 COLIN DR. PID: 0311723220016 6.92 20-38 2020 Bow & Arrow ANDREW BORASH CHANHASSEN JIM JOHNSON 4300 WATERTOWN RD 11.17 20-40 2020 Bow & Arrow KEVIN SPANIOL ORONO MEIER 2135 COLIN DR. PID:0311723210016 6.92 20-43 2020 Bow & Arrow JOHN WILL SPRING PARK Krieger 355 Stubbs Bay Rd. N.; PID: 3211823310003 9.99 20-46 2020 Bow & Arrow CHRIS FISCHER ST. MICHAEL BILL KNAPP 85 CRISTOFORI CIRCLE 5 20-48 2020 Bow & Arrow JEFF ERB ORONO JEFF ERB 4700 CREEKWOOD TRAIL 6.2 20-50 2020 Bow & Arrow MICHAEL BURWELL WAYZATA BURWELL 2940 FOX STREET / PID:0411723310019 5.08 20-52 2020 Bow & Arrow 20-53 2020 Bow & Arrow RAE, AUSTIN HART WAYZATA MARY B RAE 680 BROWN ROAD SOUTH 7.7 Chapter 70 - OFFENSES AND MISCELLANEOUS PROVISIONS[1] Footnotes: --- (1) --- Cross reference— Traffic and vehicles, ch. 66. ARTICLE I. - IN GENERAL Sec. 70-1. - Violation of state statutes prohibited. It is unlawful to violate any state statute. Sec. 70-2. - Swimming restricted. No person shall voluntarily enter the waters of any river or public swimming pool at any time when such waters are not properly supervised by trained lifesaving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover his person and equal to the standards generally adopted and accepted by the public. (Code 1984, § 9.20(5)) State Law reference— Indecent exposure, Minn. Stat. § 617.23; authority to prohibit lewd conduct, Minn. Stat. § 412.221, subd. 26. Sec. 70-3. - Depositing refuse restricted. No person shall strew, scatter, litter, throw, dispose of or deposit any refuse, garbage or rubbish unto any premises except into receptacles provided for such purpose. (Code 1984, § 9.20(11)) Cross reference— Solid waste, ch. 54. State Law reference— Littering, Minn. Stat. §§ 169.42, 609.671, subd. 13. Sec. 70-4. - Public nuisance. (a) It is unlawful for any person to maintain a public nuisance by his act or failure to perform a legal duty. For purposes of this section, a public nuisance shall be defined as any of the following: (1) Maintaining or permitting a condition which unreasonably annoys, injures or endangers the safety, health, m orals, comfort or repose of any considerable number of members of the public; (2) Interfering with, obstructing or rendering dangerous for passage any street, public right-of-way or waters used by the public; or (3) Any other act or omission declared b y law to be a public nuisance. (b) It is unlawful for any person to permit real property under his control to be used to maintain a public nuisance, or let the property to another knowing it is to be so used. (Code 1984, §§ 9.21, 9.22; Ord. No. 108 2nd series, § 1, 8-24-1992) State Law reference— Public nuisance prohibited, Minn. Stat. § 609.74; authority to prohibit nuisances, Minn. Stat. § 412.221, subd. 23. Sec. 70-5. - Abatement procedure. (a) Abatement. Except for the abatement of public nuisance vehicles governed by section 58-3, the following abatement procedure applies to all public nuisances. Whenever the city administrator or designee determines that a public nuisance is being maintained or exists on property, the city administrator or designee must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by mail. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unkno wn, or no other responsible party can be reasonably identified, notice may be served by posting it on the property. The notice must specify the steps to be taken to abate the nuisance and the time, not exceeding ten days, within which the nuisance is to be abated. The notice must also provide that if the owner, occupant, or other responsible party does not comply with the notice within the ti me specified, the city council may provide for abating the nuisance by the city. The notice must state the date, time, and location of the city council consideration and give the person the right to be heard. The notice of the council hearing must be given at least ten days before the council will consider the matter. If notice is given by posting, at least 30 days must elapse between the day of posting and the hearing. (b) Summary abatement. The city administrator or designee may provide for abating a public nuisance without following the procedure required in paragraph (a) above when: (1) There is an immediate threat to the public health or safety; (2) There is an immediate threat of serious property damage; or (3) A public nuisance has been caused by private parties on public property. If the city administrator or designee abates the nuisance under this section , he must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery. (c) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and p ayable to the city treasurer. (d) Assessment. If the cost, or any portion of it, has not been paid under paragraph (c) within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable. Before certification against the property, reasonable notice of the impending certification and an opportunity to be heard by the council must be given to the taxpayer of record. Failure of the taxpayer to receive the notice will not invalidate the cer tification. The council may certify unpaid cost to the county auditor for collection along with current taxes in the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Ord. No. 2 3rd series, § 1, 11-10-2003; Ord. No. 178 3rd series, § 6, 10-10-2016) Secs. 70-6—70-35. - Reserved. ARTICLE II. - OFFENSES INVOLVING PROPERTY RIGHTS[2] Footnotes: --- (2) --- State Law reference— Offenses involving property rights, Minn. Stat. § 60 9.556 et seq. Sec. 70-36. - Vacating premises. No person shall fail or refuse to vacate or leave any premises after being requested or ordered, whether orally or in writing, to do so by the owner or person in charge of the premises, or by any law enforcement agent or official; however, this provision shall not apply to any person who is owner or tenant of the premises involved nor to any law enforcement or other government official who may be present on the premises at that time as part of his official duty, nor shall it include the wife, children, employee or tenant of such owner or occupier. (Code 1984, § 9.20(13)) State Law reference— Trespass, Minn. Stat. § 609.605. Sec. 70-37. - Entering motor vehicles. No person shall enter any motor vehicle of another without the consent of the owner or operator. (Code 1984, § 9.20(12)) Cross reference— Traffic and vehicles, ch. 66. Sec. 70-38. - Defacement of property. No person shall cause defacement, destruction or other damage to any premises or any prop erty located on the premises. (Code 1984, § 9.20(10)) State Law reference— Malicious mischief, Minn. Stat. § 609.556 et seq. Secs. 70-39—70-70. - Reserved. ARTICLE III. - OFFENSES INVOLVING PUBLIC SAFETY[3] Footnotes: --- (3) --- State Law reference— Offenses involving public safety, Minn. Stat. § 609.66 et seq. DIVISION 1. - GENERALLY Sec. 70-71. - Animal trapping. (a) Purpose. It is the purpose of this section to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the crippling, unselective catching, and destruction of wildlife and domestic animals that may come into contact with traps. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the cont ext clearly indicates a different meaning: Leghold trap means any device consisting of two metal jaws which lie horizontally to form a circle, square or similar shape when the trap is set, or a trap which is similar in design and which is intended to catch and secure an animal by the leg, toes or paw. Such a device may be known as a "steel," "jaw(ed) leg," "long-spring," "coil-spring," "flat-under spring," "foot," "front-hold," "game" or similar named trap. Trapping means the setting or laying, or other use of a trap with the intent of capturing or killing an animal. (c) Leghold traps prohibited. It is unlawful for any person to set, place or use any leghold animal trap. (d) Limited permits. In extraordinary cases, the council may grant a limited permit for the abatement of a specific animal nuisance, but only when the proposed use is determined to be in the public interest and will not cause any hazard to children, other wildlife or domestic animals. Permits shall specify time limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applications for limited permits shall be made to the chief of police and shall be accompanied by a written statement of proof of hardship and a certified property owners' list of property owners within 500 feet of the trapping area. Property owners shall be notified that such application is being considered by the city. The permit fee shall be as set by resolution of the council. (Code 1984, § 9.11) Cross reference— Animals, ch. 62. Sec. 70-72. - Exposure of dangerous container. It is unlawful for any person being the owner or in possession or control, to permit an unlocked refrigerator, icebox or other container sufficiently large to retain any child and with doors which fasten automatically when closed, to expose the container out -of-doors, or in an unlocked accessory building, accessible to children, without locking the doors or removing the lids, hinges or latches. (Code 1984, § 9.10(11)) State Law reference— Similar provisions, Minn. Stat. § 609.675. Secs. 70-73—70-95. - Reserved. DIVISION 2. - WEAPONS AND EXPLOSIVES[4] Footnotes: --- (4) --- State Law reference— Local regulation of firearms, Minn. Stat. § 471.633. Subdivision I. - In General Sec. 70-96. - Exceptions. Nothing in this division shall apply to: (1) Persons who obtain the appropriate permit as set forth in this division; (2) A peace officer in the discharge of his duty; (3) A person in the lawful defense of his person or family; (4) A display of fireworks by an organization or group of organizations authorized in writing by the chief of police, application for permit being made at least 15 days prior to the event; or (5) Shooting a bow and arrow in the physical education program in a school supervised by a member of its faculty, as community-wide supervised class or event specifically authorized by the chief of police, or a bow and arrow range authorized by the council. (Code 1984, § 9.10(3)) Sec. 70-97. - Discharge of firearms and explosives. It is unlawful for any person to fire or discharge any form or type of explosive or explosive device; any cannon, gun, pistol or other firearm; firecracker, sky rocket or other fireworks; bow and arrow; or air gun, air rifle, or other similar device commonly referred to as a BB gun. (Code 1984, § 9.10(2)) Sec. 70-98. - Confiscation. The firearms, bow and arrow, explosives or other dangerous weapons of the alleged violator of this division may be confiscated at the time of arrest and returned only if the violator is adjudged not guilty of the offense charged and no liability of damages shall result. Confiscated firearms may be disposed of as provided by law. (Code 1984, § 9.10(9)) Sec. 70-99. - Possession and sale of fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, distribution, use or explosion, except as allowed in this division, any firecracker s, sky rockets or other fireworks. (Code 1984, § 9.10(10)) State Law reference— Fireworks, Minn. Stat. § 624.20 et seq. Sec. 70-100. - Reckless use. It is unlawful for any person to recklessly handle, throw or use a firearm, bow and arrow, or other dangerous weapon or explosive so as to endanger the safety of another. (Code 1984, § 9.10(1)(A)) State Law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(1). Sec. 70-101. - Pointing firearms. It is unlawful for any person to intentionally point a firearm of any kind or dangerous weapon capable of injuring or killing a human being at or toward another. (Code 1984, § 9.10(1)(B)) State Law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(2). Sec. 70-102. - Metal knuckles, switchblade knife. No person shall manufacture, transfer or possess metal knuckles or a switchblade knife opening automatically. (Code 1984, § 9.10(1)(D)) State Law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(4). Sec. 70-103. - Unlawfully using article as weapon. No person shall possess any dangerous article or substance for the purpose of being used unlawfully as a weapon against another. (Code 1984, § 9.10(1)(E)) State Law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(5). Sec. 70-104. - Handling, use of weapons by children. No person shall permit, as a parent or guardian, any child under 14 years of age to handle or use, outside of the parent's or guardian's presence, a firearm or air gun of any kind, or any ammunition or explosive. (Code 1984, § 9.10(1)(G)) State Law reference— Similar provisions, Minn. Stat. § 609.66, subd. 1(a)(6). Sec. 70-105. - BB gun. The use of a BB gun or air rifle is subject to the following circumstances: (1) There is a demonstrated nuisance of an animal to the property owner. (2) The permittee has the property owner's permission. (3) There are no other appropriate means available. (4) Seasonal restrictions of game animals apply. (5) The gun may only be discharged in a manner that does not direct it towards other buildings or persons. (6) The permittee must notify all abutting owners. (Code 1984, § 9.10(5)) Secs. 70-106—70-120. - Reserved. Subdivision II. - Permits Sec. 70-121. - Occasional up to 15 days. Occasional permits valid for a period of 15 days or less may be granted to clubs or persons as follows: (1) Occasional target shooting or trap and skeet shooting. (2) Field trials, commercial or professional exhibitions or displays, or other similar lawful purpos e as determined by the police. (3) For training of dogs for clubs or individuals, which permit is valid only on land described in the permit by persons with the consent of the owner or lessee of the land. (Code 1984, § 9.10(4)(A)) Sec. 70-122. - Occasional up to 120 days. (a) For control of pests in commercial or agricultural situations, permits may be granted up to a maximum of 120 days as established by the city administrator to persons or clubs meeting all the following criteria: (1) For control of pests, vermin, rodents or other animal nuisances, such as deer hunting by bow and arrow during appropriate season, or other animals that are a demonstrated nuisance. (2) Where there are no other appropriate methods available. (3) Demonstrated need for a longer duration of time, such as length of game season or protection of crops during the growing season. (b) The use of bow and arrow under this section will be allowed on an occasional bas is to remove problematic animals, including game animals, subject to the following circumstances: (1) There is a demonstrated nuisance of that animal to the property owner. (2) The property owner has specifically given written permission to a hunter, and that hunter has the appropriate state hunting permit. (3) That no discharging is to be done within 100 feet of any property line, within 100 feet of any buildings and within 200 feet of any livestock. (4) Discharge for purposes of this section shall only be done from an elevated stand that is a minimum of four feet off the ground. (5) Can only be done during the appropriate season. (6) The hunter receives no compensation for the removal service apart from the retention of animals killed. (Code 1984, § 9.10(4)(B)) Sec. 70-123. - Baker Park. An occasional permit valid for a period not to exceed a total of three days in any one year shall be issued to Hennepin Parks for the discharge of shotguns in hunting of game animals in Baker Park. In addition to other applicable conditions, the park district must notify all abutting property owners by letter ten days in advance of the proposed hunt; and appropriate signage shall be posted around the park reserve district boundaries to limit unauthorized access during the hunt. (Code 1984, § 9.10(4)(C)) Sec. 70-124. - Occasional. Occasional permits valid for a period under section 70-121 or 70-122 as deemed appropriate by the city may be granted to clubs or persons. (Code 1984, § 9.10(4)(D)) Sec. 70-125. - Starting guns. Permits may be granted for use of devices such as starting guns when no projectiles are used but only blank ammunition. (Code 1984, § 9.10(6)) Sec. 70-126. - Annual permits. (a) Annual permits may be granted for: (1) Trap and skeet shooting for clubs. (2) Training of dogs for clubs or individuals, which permit is valid only on land described in the permit by persons with the consent of the owner or lessee of the land. (3) Clubs and individuals operating a game and fur farm pursuant to law. (4) Occasional target shooting. (5) Field trials, commercial or professional exhibitions or displays, or any similar or lawful purpose as determined by the police chief. (b) Any person, group or organization that wishes to use an established range or trap, skeet facility for any field trial, commercial or professional exhibition or display, or any sim ilar or lawful purpose shall apply for their own use permit. The existing permit for gun club shall not cover the special event. This would not preclude that the gun club cannot have its own special events, such as annual shoots, turkey shootoff, etc., as long as it is the gun club that is responsible permit holder. (Code 1984, § 9.10(6)(A)) Sec. 70-127. - Permit procedure. When a person or club applies for a permit, the city administrator may require certain information to be on the application and permit form: (1) Location of event. (2) Site visit to be required. (3) Intended use of permit. (4) Certificate of insurance. (5) Hours of shooting. (6) Number of participants. (Code 1984, § 9.10(8)) Sec. 70-128. - Fees, revocation. The fee for annual permit (club only) or occasional permit shall be charged according to the city fee schedule. A violation of any of the conditions of a permit shall result in revocation of the permit, and no permit shall be issued to any club or person for one year after the date of such revocation. Permits are issued to the person to be actually using the firearms or weapon. (Code 1984, § 9.10(7)) Sec. 70-129. - Approval. All permits are subject to the approval of the city administrator upon recommendation of the chief of police. (Code 1984, § 9.10(8)(J); Ord. No. 178 3rd series, § 7, 10-10-2016) Sec. 70-130. - Notice to police prior to shooting. A notice must be given within one hour of the commencement of the event. (Code 1984, § 9.10(8)(G)) Sec. 70-131. - Notice to owners of surrounding property. An annual permit shall require notice to be given to surrounding property owners and an opportunity for them to object prior to issuance of a permit under this subdivision, but such objections shall not require the permit to be withheld. (Code 1984, § 9.10(8)(H); Ord. No. 178 3rd series, § 8, 10-10-2016) Sec. 70-132. - Information to owners of abutting property prior to initial use. All permit holders under this subdivision must inform all abutting property owners prior to initial use of the permit. (Code 1984, § 9.10(8)(I)) Secs. 70-133—70-165. - Reserved. ARTICLE IV. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER Sec. 70-166. - Disturbing lawful assembly, meeting prohibited. No person shall disturb an assembly or meeting, not unlawful in its character. (Code 1984, § 9.20(2)) State Law reference— Similar provisions, Minn. Stat. § 609.72, subd. 1(2). Sec. 70-167. - Brawling, fighting prohibited. It is unlawful for any person to engage in brawling or fighting. (Code 1984, § 9.20(1)) State Law reference— Similar provisions, Minn. Stat. § 609.72, subd. 1(1). Sec. 70-168. - Offensive language, conduct. No person shall engage in offensive, obscene or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment in others. (Code 1984, § 9.20(3)) State Law reference— Similar provisions, Minn. Stat. § 609.72, subd. 1(3). Sec. 70-169. - Use of lights. No person shall use a flash or spotlight in a manner so as to annoy or endanger others. (Code 1984, § 9.20(9)) Secs. 70-170—70-200. - Reserved. ARTICLE V. - OFFENSES INVOLVING PUBLIC MORALS DIVISION 1. - GENERALLY Sec. 70-201. - Indecent exposure. No person shall willfully and lewdly expose his person or his private parts, or procure another to so expose himself; and any open or gross lewdness or lascivious behavior, or any act of public indecency is prohibited. (Code 1984, § 9.20(4)) State Law reference— Indecent exposure, Minn. Stat. § 617.23; obscenity, Minn. Stat. § 617.24. Sec. 70-202. - Urinating, defecating. No person shall urinate or defecate in a place other than: (1) If on public property, in a plumbing fixture provided for that purpose; (2) If on the private property of another, in a plumbing fixture provided for that purpose; or (3) If on private property not owned or controlled by another, within a building. (Code 1984, § 9.20(6)) Secs. 70-203—70-225. - Reserved. DIVISION 2. - CONTROLLED SUBSTANCES Sec. 70-226. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Possession means having a controlled substance in one's actual or constructive possession, including but not limited to having the controlled substance in any motor vehicle which is owned or operated by the person charged with possession. (Code 1984, § 9.57(3)) Cross reference— Definitions generally, § 1-2. Sec. 70-227. - Schedules adopted by reference. The five schedules of controlled substances listed in Minn. Stat. § 152.02 are incorporated in and made a part of this division as if set out in this section in full. For the purpose of this division, a controlled substance is any substance listed in the schedules of controlled substances in Minn. Stat. § 152.02. (Code 1984, § 9.57(1)) State Law reference— Controlled substances, Minn. Stat. ch. 152. Sec. 70-228. - Confiscation and disposition. Any controlled substance found in the possession of any person convicted of a violation of this division shall be confiscated and shall be forfeited to the chief of police, who shall make proper and timely disposition of the substance by destroying it. (Code 1984, § 9.57(6)) Sec. 70-229. - Excepted lawful businesses and professions. This division shall not apply to the following in the ordinary course of their trade, their business, or their profession; however, this exception shall not be a defense to the doing of the acts prohibited in this division. (1) Practitioners, persons licensed by law to prescribe and administer controlled substances. (2) Pharmacists duly registered and licensed with the state board of pharmacy. (3) Manufacturers. (4) Pharmacists and manufacturers. (5) Wholesalers. (6) Warehousepersons. (7) Persons engaged in transporting such controlled substances as agent or employee of a practitioner, pharmacist, manufacturer, warehouseperson, wholesaler or common carrier. (8) Public officials or public employees in the performance of official duties requiring possession or control of such controlled substances, or persons aiding such officers or employees in the performance of such duties. (9) Any patient, with respect to procuring, possession and use of a controlled substance in accordance with the terms of a prescription and prescribed treatment. (10) Persons who procure, possess or use such controlled substance for the purpose of lawful research, teaching or testing, and not for sale. (11) Lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated, or by bona fide hospitals for the treatment of animals. (Code 1984, § 9.57(4)) Sec. 70-230. - Manufacture, use limited. It shall be unlawful for any person to manufacture, possess, sell, give away, barter, exchange, distribute or otherwise transfer any controlled substance, except on a lawful prescription by a person licensed by law to prescribe and administer controlled substances. (Code 1984, § 9.57(2)) Sec. 70-231. - Unlawful procuring, purchase, delivery or possession. No person shall procure, purchase, deliver or possess, or attempt to procure, purchase, deliver or possess a controlled substance in any of the following manners: (1) By fraud, deceit, misrepresentation or subterfuge; (2) By the forgery or alteration of a prescription; (3) By the concealment of a material fact; (4) By the use of a false name or the giving of a false address; (5) By making a false statement in any prescription, order, report or record relative to a controlled substance; (6) By falsely assuming the title of or falsely representing any person to be a manufacturer, wholesaler, warehouseperson, pharmacist, practitioner or other person described in s ection 70- 230; or (7) By making, issuing or uttering any false or forged prescription. (Code 1984, § 9.57(5)) Sec. 70-232. - Use of original containers and labels required. All patients having possession of any controlled substance, by lawful prescription of a practitioner while such controlled substance is lawfully in such person's possession, shall keep such controlled substance in the original container in which it was delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. (Code 1984, § 9.57(7)) Sec. 70-233. - Possession of injection implement. No person, except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns of hospitals, sanitariums or any other institution in which persons are treated for disability of disease, shall at any time have or possess any hypodermic syringe or needle or any instrument adapted for the use of cocaine or narcotic drugs or any controlled substance defined in Minn. Stat. § 152.02, or as defined in 21 USC 812 by subcutaneous injections and which is possessed for that purpose, unless such possession is authorized by the certificate of a physician issued within a period of one year prior to any time of such possession. (Code 1984, § 9.57(8)) Secs. 70-234—70-249. - Reserved. DIVISION 3. - ALCOHOL[5] Footnotes: --- (5) --- Cross reference— Use of alcohol, § 22-96; alcoholic beverages, § 34-1 et seq. Sec. 70-250. - Consumption and possession of beer, wine or liquor on streets and public property. (a) It is unlawful for any person to consume, or possess in an unsealed container, any alcoholic beverage on any street or other public property except city parks and other public property when and where permission has been specifically granted or licensed by the council. This section shall not apply to the possession of an unsealed container in a motor vehicle on streets or public property when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (b) No license or permit shall be granted under this section unless and until the permittee or licensee, as the case may be, has filed with the city a certificate of public liability insurance on which the city or other owner of the property is a named insured providing umbrella or all perils coverage in the amount of $1,000,000.00. Nor shall such license or permit be granted until the permittee or licensee, as the case may be, agrees in writing to pay for all expenses incident to cleaning up all resulting refuse and debris. (Ord. No. 230 3rd series, § 2, 7-22-2019) Sec. 70-251. - Consumption and possession of beer, wine or liquor on private parking lots. It is unlawful for any person to consume or possess in an unsealed container any alcoholic beverage on any privately owned parking lot which is clearly signposted prohibiting such possession and consumption. This section shall not apply to the possession of an unsealed container in a motor vehicle on privately owned parking lots when the container is kept in the trunk of such vehicle, if it is equipped with a trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor vehicle is not equipped with a trunk. For the purpose of this section, a util ity or glove compartment shall be deemed to be within the area occupied by the driver or passengers. (Ord. No. 230 3rd series, § 2, 7-22-2019) Sec. 70-252. - Inducing another to make illegal purchase or sale. No person shall knowingly induce another to make an illegal sale or purchase of intoxicating liquor or 3.2 percent malt liquor. (Ord. No. 230 3rd series, § 2, 7-22-2019) Sec. 70-253. - Social host ordinance. (a) Generally. (1) It is unlawful for any person under the age of 21 to consume or possess an alcoholic beverage. a. Consumption of alcohol by persons under the age of 21 is harmful to those persons and constitutes a potential threat to public health from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions. b. Alcohol is also 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. c. As a result, gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 should be prevented as much as possible. d. Gatherings involving underage possession and consumption often occur outside the presence of parents or other responsible adults. However, there are times when a parent or other adult is present and condones the activity, and in some circumstances provides the alcohol. e. Although 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. f. A deterrent effect will be created by holding a person criminally responsible for hosting a gathering where underage possession or consumption occurs. (2) The purpose of this section is to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and to hold persons criminally responsible who host gatherings where persons under 21 years of age possess or consume alcohol, regardless of whether the person hosting the gathering supplied the alcohol or was present. (3) The city council intends that this section should not target parents who may have alcoholic beverages on their premises but who have issued a standing order that alcohol is not to be consumed by underage persons on those premises. (4) The definitions in City Code section 34-1 shall apply to this section. (b) Prohibited acts. (1) It is unlawful for a person to host or allow a gathering on any premises if: a. The person knows that alcohol or alcoholic beverages will be present; and b. The person knows that an underage person will attend, or is likely to attend; and c. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person; and d. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. (2) Examples of reasonable steps include: a. Directing, on a one-time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or b. Controlling access to alcohol and alcoholic beverages; or c. Checking identification of attendees to determine age; or d. Supervising the activities of underage persons at the gathering either in person or through a responsible adult. (3) A person is not criminally responsible under this section if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in paragraph (1) above, a person who hosts a gathering does not have to be present at the gathering to be criminally responsible. (4) A person is criminally responsible for violating paragraph (1) above if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. (c) Exceptions. (1) This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parent's household. (2) This section does not apply to a legally protected religious observance. (3) This section does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. (4) This section does not apply to the holder of a liquor license issued under Title III of this Code, but it does apply to a person who hosts a gathering at such a liquor establishment. (Ord. No. 230 3rd series, § 2, 7-22-2019) Secs. 70-254—70-270. - Reserved. ARTICLE VI. - JUVENILE CURFEW[6] Footnotes: --- (6) --- State Law reference— Authority of city to set curfew, Minn. Stat. § 145A.05, subd. 9. Sec. 70-271. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Emergency means a circumstance or combination of circumstances requiring immedia te action to prevent property damage, serious bodily injury or loss of life. Establishment means any privately-owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. Guardian means an adult appointed pursuant to Minn. Stat. § 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat. § 525.619. Juvenile means a person under the age of 18. The term does not include persons under 18 who are married or have been legally emancipated. Parent means birth parents, adoptive parents, and step-parents. Proprietor means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Public place means any place to which the public or a substantial group of the pu blic has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Responsible adult means a person 18 years or older specifically author ized by law or by a parent or guardian to have custody and control of a juvenile. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. Cross reference— Definitions generally, § 1-2. Sec. 70-272. - Findings and purpose. (a) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. (b) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he is to be a victim of crime. (c) While parents have the primary responsibility to provide for the safety and welfare of juveniles, the city also has a substantial interest in the safety and welfare of juveniles. Moreover, the city has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well-being of the general public. (d) A city-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. (Code 1984, § 9.14) Sec. 70-273. - Penalty. (a) Violation of section 70-274(a), (b) or (c) will be prosecuted pursuant to Minn. Stat. § 260.195 and will be subject to the penalties therein. (b) Violation of section 70-274(d) or (e) is a misdemeanor and will be subject to the pen alty set forth in Minn. Stat. § 609.03. (Code 1984, § 9.14(6)) Sec. 70-274. - Prohibited acts. (a) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within the city: (1) Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (b) It is unlawful for a juvenile, age 12 to 14, to be present in any public place or establishment within the city: (1) Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. (c) It is unlawful for a juvenile, age 15 to 17, to be present in any public place or establishment within the city: (1) Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. (2) Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. (d) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the city during the hours prohibited in subsections (a), (b) and (c) of this section. (e) It is unlawful for a proprietor of an establishment within the city to knowingly permit a juvenile to remain in the establishment or on the establishment's property d uring the hours prohibited in subsections (a), (b) and (c) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. (Code 1984, § 9.14((1)—(4))) Sec. 70-275. - Defenses. (a) It is an affirmative defense for a juvenile to prove that the juvenile was: (1) Accompanied by his parent, guardian, or other responsible adult. (2) Engaged in a lawful employment activity or was going to or returning home from his place of employment. (3) Involved in an emergency situation. (4) Going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) On an errand at the direction of a parent or guardian. (6) Exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. (7) Engaged in interstate travel. (8) On the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (b) It is an affirmative defense for a proprietor of an establishment to prove that the proprietor or employee: (1) Reasonably and in good faith relied upon a juvenile's representations of proof of age. P roof of age may be established pursuant to Minn. Stat. § 340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. (2) Promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. (Code 1984, § 9.14(5)) Sec. 70-276. - Review. The council shall conduct yearly reviews of this ordinance to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the city attorney shall prepare and submit a report to the council evaluating violations of this article and juvenile crime and victimization during the preceding year. ARTICLE VII. - SEXUAL PREDATOR RESIDENCY RESTRICTIONS Sec. 70-277. - Findings and intent. (a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses. Most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This mak es the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain sexual predators are prohibited from establishing temporary or permanent residence. (Ord. No. 182 3rd series, § 1, 1-9-2017) Sec. 70-278. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Day care center means a facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. Designated offender means any person who has been categorized as a Level III predator y offender under Minnesota Statutes Section 244.052, a successor statute, or a similar statute from another state. Park or playground means any land, including improvements, but excluding trails and sidewalks, operated by the city, county, or the Three Rivers Park District for the use by the general public as a recreational area. Permanent residence means a place where a person abides, lodges or resides for 14 or more consecutive days. School means any public or non-public educational institution that offers educational instruction to individuals under the age of 18. Temporary residence means a place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non-consecutive days during any month. (Ord. No. 182 3rd series, § 1, 1-9-2017) Sec. 70-279. - Residency prohibition; penalties; exception. (a) Residency prohibition. (1) It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, day care center, park or playground. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence of the designated offender to the nearest outer property line of a school, day care center, park or playground. (b) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. (c) Exceptions. A designated offender residing within a prohibited area as described in subsection (a) does not commit a violation of this section if any of the following apply: (1) The designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166, 243.167, or successor statute, prior to the effective date of this section. (2) The designated offender was a minor when he or she committed the offense and was not convicted as an adult. (3) The designated offender is a minor. (4) The school, day care center, park or playground within 2,000 feet of the designated offender's permanent residence or temporary residence was designated or opened after the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to M.S. §§ 243.166 or 243.167, or successor statute. (5) The residence is also the primary residence of the designated offender's parents, grandparents, siblings, spouse or adult children. (6) The residence is a property owned by the Minnesota Department of Corrections. (Ord. No. 182 3rd series, § 1, 1-9-2017) CITY OF ORONO MEMORANDUM DATE: January 25, 2021 TO: Mayor Walsh, City Council members FROM: City Council Members Victoria Seals, Aaron Printup, and City Clerk, Anna Carlson RE: City Administrator Search Update Advertisement of the City Administrator position began on January 12th. The Organizational Committee is meeting weekly with the City Clerk to work through the hiring process as directed by the Council. Currently the city has received eleven applications. The position was advertised in many places including the local paper, the City’s website, and on other websites. The advertisement directs applicants to visit the Orono Jobs page on our website. Currently, the posting has had over 400 views or interactions since the posting went out. The message is getting out and we are receiving some very highly qualified applicants. The committee met this past week and discussed the next steps in the process. As we approach the deadline of February 8th, applications will be reviewed as they come in. After all applications are received, the pool of applicants will be narrowed down and will be shared with the City Council Members. The Organizational Committee anticipates opening discussions with the Council at the next Council Work Session. At that time the City Council will also have a chance to rate and select Candidates they wish to interview. The Council may choose to schedule a Special Meeting to discuss the matter further, if desired.