HomeMy WebLinkAbout[06c] Ordinance Amendments
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 102 REGULATION OF NOISE ............................................................... 102-1
Section 102.01: NOISES PROHIBITED .................................................................... 102-1
Section 102.02: UNLAWFUL ACTS ......................................................................... 102-1
Section 102.03: HOURLY RESTRICTION ON CERTAIN OPERATIONS ............... 102-2
Section 102.04: LANDLORD’S LIABILITY ............................................................. 102-2
Section 102.05: ENFORCEMENT .....................................................................102-3102-2
Section 102.06 ............................................................................................................. 102-3
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 102REGULATION OF NOISE
Section 102.01: NOISES PROHIBITED. No person shall make or cause to be made any
distinctly and loudly audible noise that is likely to unreasonably or unnecessarily annoy, disturb,
injure or endanger the comfort, repose, health, peace, safety, or welfare of any person or
precludes their enjoyment of property or affects their property's value. This general prohibition
is not limited by the specific restrictions of unlawful acts listed in Section 2.
Section 102.02: UNLAWFUL ACTS. The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this Ordinance, but said enumeration shall not
be deemed to be exclusive.
Subd.1: Horns, Audible Signaling Devices, Etc. No person shall repeatedly sound any
audible signaling device on any vehicle except as a warning of danger.
Subd. 2: Exhaust. No person shall discharge the exhaust or permit the discharge of the
exhaust of any steam engine, stationary internal combustion engine, motorboat, motor vehicle, or
snowmobile or other recreational vehicle except through a muffler or other device that
effectively prevents loud or explosive noises there from and complies with all applicable state
laws and regulations.
Subd. 3: Defective Vehicles or Loads. No person shall use any vehicle so out of repair
or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise.
Subd. 4: Loading, Unloading, Unpacking, Opening of Boxes. No person shall create
loud and excessive noise in loading, unloading, unpacking any vehicle, or the opening and
destruction of bales, boxes, crates or containers.
Subd. 5: Radios, Phonographs, Paging Systems, Etc. No person shall use or operate or
permit the use of operation of any radio receiving set, musical instrument, phonograph, paging
system, machine, or other device for the production or reproduction of sound in a distinct and
loudly audible manner that is likely to disturb the peace, quiet, and comfort of another person at
any time with louder volume than is reasonably necessary for convenient hearing of the person
or persons who are in the room, vehicle, chamber, or immediate vicinity in which such machine
or device is being operated. Operation of any such set, instrument, phonograph, machine, or
other device in such a manner as to be plainly audible at the property line of the structure or
building in which it is located, in the hallway or apartment adjacent, or at the property line if the
source is located outside a structure or building shall be prima facia evidence of a violation of
this section.
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CHAPTER X – NUISANCES & OFFENSES
Subd. 6: Participation in Noisy Parties or Gatherings. No person shall participate in any
party or other gathering or permit any party or other gathering of people giving rise to noise,
which is likely to disturb the peace, quiet, or repose of another person. When a police officer
receives a complaint and determines that a gathering is creating such a noise disturbance, the
officer may order all persons present, other than the owner or tenant of the premises where the
disturbance is occurring, to disburse immediately. No person shall refuse to leave after being
ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge
of the disturbance shall make every reasonable effort to see that the disturbance is stopped. Any
such noise is presumed to have the effect of disturbing the peace, quiet, or repose of another
person if it is heard outside the limits of the real estate from which the party is occurring. Such a
noisy party or gathering constitutes a violation of this ordinance.
Subd. 7: Animals. No person shall keep any animal that disturbs the comfort or repose
of persons in the vicinity by its frequent or continued noise.
Subd. 8: Engine Braking Prohibited.
a) No person may slow a vehicle by the practice known as engine braking, also
referred to as "jake braking" or "dynamic braking," whereby rapid downshifting
of a vehicle's engine is used in lieu of applying a vehicle's brakes, causing loud
noises to emit from the vehicle's engine and exhaust system. Engine braking by
any motor vehicle on any public highway, street, parking lot or alley within the
corporate limits of the City of St. Joseph is hereby declared to be a public
nuisance and is prohibited.
b) The foregoing provision shall not apply to emergency vehicles.
Subd. 9: Construction Noise. Construction activities which result in noise audible on
property other that than on which the activities are occurring shall be prohibited between the
hours of 7:00 PM and 7:00 AM.
Section 102.03: HOURLY RESTRICTION ON CERTAIN OPERATIONS. No person
shall, between the hours of 9:30 p.m. and 6:00 a.m. drive or operate any minibike, or other
recreational vehicle not licensed for travel on public highways. Snowmobiles and ATVs shall be
controlled by the operation of the Snowmobile and ATV Ordinances and this Ordinance shall not
cover the operation of snowmobiles.
Section 102.04: LANDLORD’S LIABILITY. Violations of the noise control regulations
shall be the act of the owner of the residential dwelling unit even though he does not reside in the
unit as well as the persons on the premises who violate said regulations. The landlords
operating license may be subject to suspension or revocation for the first violation, without the
necessity of knowledge by the owner or warning that the property is/was operated or maintained
in violation of this Ordinance. No suspension or revocation of a rental license shall occur the
licensed owner has been afforded an opportunity for hearing, as detailed in Ordinance 55 of the
St. Joseph Code of Ordinances. , except that the owner shall be liable only for those violations
occurring after receipt of written notice from the City of St. Joseph or its police department of a
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CHAPTER X – NUISANCES & OFFENSES
violation of the noise control regulations having occurred at the residential dwelling unit. For
purposes of this section, owner is defined to include corporations and partnerships as well as
individual owners.
Section 102.05: ENFORCEMENT.
Subd. 1: Enforcement Duties. The police department shall enforce the provisions of this
Ordinance.
Subd. 2: Civil Remedies. This Ordinance may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
Subd. 3: Criminal Penalties. Every person who violates any provision of this Ordinance
is guilty of a petty misdemeanor. Any individual who is convicted of three or more violations
within a three year period shall be guilty of a misdemeanor. Plus, in either case, the costs of
prosecution. Each act of violation and each day a violation occurs or continues constitutes a
separate offense.
Section 102.06: Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part; and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision or part.
Updated 9/1999
Updated 6/2003 – Section 102.01; Section 102.02, Subd. 5 and 6
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 112 ORDINANCE PROHIBITING PUBLIC NUISANCES .............................1
Section 112.02: DEFINITIONS ..........................................................................................1
Error! Bookmark not defined.
Section 112.03: DISRUPTIVE INTOXICATION...............
Section 112.04: SOBRIETY TESTING ..............................................................................2
Section 112.05: PENALTY ………………………………….……………………. …112.2
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 112 ORDINANCE PROHIBITING DISTRUPTIVE INTOXICATION
Section 112.01: DECLARATION. It is the policy of the City of St. Joseph to provide
for the safety, health and welfare of the public while prohibiting certain harmful conduct of
intoxicated persons.
Section 112.02: DEFINITIONS
Subd. 1: Public Place. Includes a building or place controlled by the City, a school, a
place of worship, any public street, including public sidewalk, alley, walk or other publicly
owned lands. Public place excludes the premises of a licensed alcohol establishment.
Subd. 2: Intoxicated Person. A person who is presently impaired, mentally or
emotionally, as a result of the presence of alcohol, drugs or a controlled substance in the person’s
body. Evidence of an intoxicated person may include, but is not limited to, any combination of
the following indicators:
a) odor of intoxicants on the breath,
b) bloodshot, watery eyes,
c) dilated pupils,
d) stumbling or staggering,
e) slurred speech,
f) failure of Standardized Field Sobriety Test,
g) failure of Drug Recognition Protocol,
h) alcohol concentration of .08 or more
Section 112.03: DISTRUPTIVE INTOXICATION: No person, while intoxicated, in a
public place shall conduct him or herself so as to be a danger to themselves or others and/or
engage in a public disruption.
Section 112.04: SOBRIETY TESTING. No person shall be cited under this section
without first have been offered and failed the Standardized Field Sobriety Test or a Portable
Breath Test (PBT); however, a person incapable and/or having refused Field Sobriety Testing or
a PBT may still be cited under the criteria set forth in section 112.02 Subd 2.
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CHAPTER X – NUISANCES & OFFENSES
Section 111.05: PENALTIES: Any Possessor of property at which a public nuisance
occurs shall be guilty of a misdemeanor.
History: 112.00 10-18-12 New
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CHAPTER VII – LIQUOR, BEER & WINE
ORDINANCE 74 AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT LIQUOR (KEGS) .... 74-1
Section 74.01: DEFINITIONS ...................................................................................... 74-1
Section 74.02: POSSESSION OF KEGS BY INDIVIDUAL ................................. 74-274-1
Section 74.03: LOCATION OF KEGS ON PROPERTY UNIT ............................. 74-274-1
Section 74.04: CONTROLLER OF PROPERTY LIABLE .................................... 74-274-1
Section 74.05: DUTY OF LICENSED LIQUOR ESTABLISHMENT .................. 74-274-1
Section 74.06: EXCEPTIONS ...................................................................................... 74-2
Section 74.07: PENALTIES ......................................................................................... 74-2
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CHAPTER VII – LIQUOR, BEER & WINE
ORDINANCE 74AN ORDINANCE LIMITING POSSESSION OF CERTAIN
CONTAINERS OF 3.2 PERCENT OR INTOXICATING MALT
LIQUOR (KEGS) AND REQUIREMENT FOR LICENSE
Section 74.01: DEFINITIONS. For the purpose of this section the following definitions
shall apply:
Subd. 1: Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and
malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 2: Kegs. Containers designed for and capable of holding intoxicating or 3.2
percent malt liquor to be dispensed from a tapper.
Subd. 3: 3.2 Percent Malt Liquor. Malt liquor containing not less than one half of one
percent alcohol by volume nor more than 3.2 percent of alcohol by weight.
Section 74.02: PERMIT REQUIRED. Any individual of lawful age under the laws of
the State of Minnesota may possess a keg in a residentially zoned area within the City of St.
Joseph after first having obtained a permit and permit sticker from the City Offices.
Subd. 1: Application for Permit and Permit Sticker. Any person desiring to obtain a
permit to possess a keg will fill out an application at the City Offices setting forth the applicant’s
full name, address and telephone number and the address within St. Joseph where the applicant
will be possessing the keg. In addition, the applicant will be required to provide proof of identify
and age in form of a valid Minnesota driver’s license or identification card, or valid driver’s
license from another jurisdiction. Falsifying any information requested on the permit will
constitute violation of this ordinance.
Subd. 2: Issuance of Permit and Sticker: At the time of issuance of the permit, a permit
sticker will be issued to the applicant. The permit sticker will be immediately and firmly affixed
by the applicant to the keg utilizing the adhesive on the sticker and placing the sticker in a clearly
visible location upon the purchase of a keg.
Subd. 4: Permit Fee. The permit fee for each keg will be as set forth in Appendix A of
the St. Joseph Code of Ordinances, as amended by the Council periodically.
Subd. 3: Return of Permit. Prior to the issuance of any subsequent keg permit and
permit sticker, the preceding permit issued and remains of the permit sticker must be returned to
the City Offices or in alternative a minimum of 30 days will have elapsed since the date of
issuance of the previous permit.
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CHAPTER VII – LIQUOR, BEER & WINE
Subd. 4: Persons Ineligible for Permit. No person will be issued a keg permit if that
person has been convicted of this Ordinance or Section 1050:00 a violation of Minnesota
Statutes Section 340A which occurred within the previous 365 days.
Subd 5: Prohibitions. It will be unlawful for any person to possess a keg within the City
of St. Joseph without having first obtained a permit and permit sticker as set forth herein. A
permittee will have the permit present at the location where the keg is possessed at all times, and
will exhibit the permit upon the request of any licensed peace officer.
Section 74.03: LIMITATIONS. All permits authorized under the preceding section will
be subject to the following limitations:
Section 74.02Subd. 1: POSSESSION OF KEGS BY INDIVIDUAL. No more than one
keg capable of containing up to sixteen (16) Gallons of intoxicating or 3.2 percent malt liquor
may be possessed by any person within the City of St. Joseph.
Section 74.03Subd. 2: : LOCATION OF KEGS ON PROPERTY UNIT. No more than
one keg capable of containing up to sixteen (16) gallons of intoxicating or 3.2 percent malt liquor
may be located on a single property unit within the City of St. Joseph. For purposes of this
section, a single property unit shall be defined as a contiguous parcel of real property with
common ownership, except in the case of real property which is leased to multiple individuals or
entities, in which case each area rented by separate written or oral lease shall be considered a
single property unit.
Section 74.04Subd. 3: CONTROLLER OF PROPERTY LIABLE. For purposes of
Section 74.03 herein, the person in control of the property unit shall be held responsible for a
violation. For purposes of this section, ownership of property is prima facia evidence of control;
except in the care of rental property, in which case tenant's leasehold interest shall be prima facia
evidence of control.
Section 74.05: DUTY OF LICENSED LIQUOR ESTABLISHMENT. Each liquor
establishment located in the City of St. Joseph and offering for sale kegs containing 3.2 percent
or intoxicating malt liquor for consumption off premises, shall, as a condition of said license,
post in a conspicuous location within five (5) feet of the check out location in the establishment,
a notice provided by the St. Joseph Police Department regarding the provisions of this ordinance.
Section 74.06: EXCEPTIONS. Any person or premises licensed to sell intoxicating or
3.2 percent malt liquor under any provision of state law or local ordinance may possess kegs and
are specifically exempted from the provisions of this ordinance.
Section 74.07: PENALTIES. A violation of a provision of this Ordinance shall be
punishable as a misdemeanor.
Updated 7/2003 Ordinance 74
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CHAPTER VII – LIQUOR, BEER, WINE
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ORDINANCE 75 Social Host
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Section 75.01: Purpose and Policy. The St. Joseph City Council intends to discourage
underage possession and consumption of alcohol, even if done within the confines of a private
residence, and intends to hold persons criminally responsible who host events or gatherings
where persons under 21 years of age possess or consume alcohol regardless of whether the
person hosting the event or gathering supplied the alcohol. The St. Joseph City Council finds
that:
(a) Events and gatherings held on private or public property where alcohol is
possessed or consumed by persons under the age of twenty-one are harmful to those
persons and constitute a potential threat to public health requiring prevention or
abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the
general public, from injuries related to alcohol consumption, such as alcohol overdose or
alcohol-related traffic collisions.
(c) Alcohol is 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 the
irresponsible user.
(d) Often, events or gatherings involving underage possession and consumption occur
outside the presence of parents. However, there are times when the parent(s) is/are
present and condone the activity and in some circumstances provided the alcohol.
(e) Even though giving or 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 an event or gathering where underage possession or consumption occurs.
§
Section 75.02: Authority. This ordinance is enacted pursuant to Minn Stat. 145A.05,
Subdivision 1.
Section 75.03: Definitions. For purposes of this ordinance, the following terms have
the following meanings:
(a) Alcohol. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions
and mixtures thereof from whatever source or by whatever process produced.
CHAPTER VII – LIQUOR, BEER, WINE
(b) Alcoholic beverage. “Alcoholic beverage” means alcohol, spirits, liquor,
wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and
which contains one-half of one percent or more of alcohol by volume and which is fit
for beverage purposes either alone or when diluted, mixed or combined with other
substances.
(c) Event or gathering. “Event or gathering” means any group of three or more
persons who have assembled or gathered together for a social occasion or other activity.
(d) Host. “Host” means to aid, conduct, allow, entertain, organize, supervise, control
or permit a gathering or event.
(e) Parent. “Parent” means any person having legal custody of a juvenile:
1. As natural, adoptive parent, or step-parent;
2. As a legal guardian; or
3. As a person to whom legal custody has been given by order of the court.
(f) Person. “Person” means any individual, partnership, co-partnership, corporation,
or any association of one or more individuals.
(g) Residence or Premises. “Residence” or “premises” means any home, yard, farm,
field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a
hall or meeting room, park, or any other place of assembly, public or private, where
occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased, rented or
used with or without permission or compensation.
(h) Underage Person. “Underage person” is any individual under twenty-one (21)
years of age.
Section 75.04. Prohibited Acts.
(a) It is unlawful for any person(s) to:
1. host or allow an event or gathering;
2. at any residence, premises or on any other private or public property;
3. where alcohol or alcoholic beverages are present;
4. when the person knows or reasonably should know that an underage
person will or does;
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to
consume it; and
5. the person fails to take reasonable steps to prevent possession or
consumption by the underage person(s).
(b) A person is criminally responsible under paragraph (a) above if the person
CHAPTER VII – LIQUOR, BEER, WINE
intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to
commit the prohibited act.
CHAPTER VII – LIQUOR, BEER, WINE
(c) A person who hosts an event or gathering does not have to be present at the event
or gathering to be criminally responsible.
Section 75.05: Exceptions
(a) This ordinance does not apply to conduct solely between an underage person and
his or her parents while in the parent’s presence and under the parent’s guidance and
supervision.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt
liquor licensees, municipal liquor stores or bottle club permit holders who are regulated
§
by Minn. Stat. 340A.503, Subd. 1 (a)(1).
(d) This ordinance does not apply to situations where underage persons are lawfully
in possession of alcohol or alcoholic beverages during the course and scope of
employment.
Section 75.06: Enforcement. This ordinance can be enforced by any police officer or
sheriff’s deputy in the county.
Section 75.07: Severability.If any section, subsection, sentence, clause, phrase, word or
other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole,
or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and
such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this
law, which remaining portions shall continue in full force and effect.
Section 75.06: Penalty.Violation of this section is a misdemeanor.
Section 75.07: Effective Dates. This ordinance shall take effect thirty (30) days
following its final passage and adoption.
History: Ord. 2464 5-24-10-New