Ch3.§3-4 · City of Nowthen public records

A. It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises, or on any other private or public property where alcohol or alcoholic beverages are present when the person knows or reasonably should know that an underage person will or does: 1\. Consume any alcohol or alcoholic beverage; or 2\. Possess any alcohol or alcoholic beverage with the intent to consume it, and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s). B. A person is criminally responsible for violating this Section if the person intentionally aids, advises, hires, counsels, or conspires with another to commit the prohibited act. C. A person who hosts an event or gathering does not have to be present at the event or gathering to be criminally responsible for a violation of this Section. (Ord. #28, adopted February 20, 2009) 3-3-5: EXCEPTIONS: Section 3-3-4 of this Section does not apply to the following persons or situations: A. Conduct solely between an underage person and his or her parents while present in the parent's household. B. Legally protected religious observances. C. Licensed retail sellers of intoxicating liquor or 3.2 percent malt liquor licenses, municipal liquor stores, or bottle club permit holders who are regulated by Minnesota Statutes 340A. D. A landlord, mortgagee, hotel or motel owner or operator who has not actually participated in knowingly furnishing alcohol for an event or gathering. E. Medical procedures or treatment authorized by a physician.   F. Law enforcement activities supervised by a law enforcement agency. G. When underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. (Ord. #28, adopted February 20, 2009) 3-3-6: ENFORCEMENT: This Section can be enforced by any police officer or sheriff's deputy in Anoka County. (Ord. #28, adopted February 20, 2009) 3-3-7: PENALITY: Violation of Section 3-3-4 of this Section is a misdemeanor. (Ord. #28, adopted February 20, 2009) 3-3-8: SEVERABILITY: If any section, subsection, sentence, clause, phrase, word, or other portion of this Section 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. (Ord. #28, adopted February 20, 2009)   # SECTION 4 CHARGES FOR EMERGENCY RESPONSE FIRE SERVCES <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>3-4-1</td> <td>Findings, Purpose and Intent</td> </tr> <tr> <td>3-4-2</td> <td>Definitions</td> </tr> <tr> <td>3-4-3</td> <td>Conflicts</td> </tr> <tr> <td>3-4-4</td> <td>Fire Service Charges in General</td> </tr> <tr> <td>3-4-5</td> <td>Fire Service Charges</td> </tr> </table> 3-4-1: FINDINGS, PURPOSE AND INTENT: This Section is adopted for the purpose of authorizing the City of Nowthen to establish and charge user service charges for Fire Services as described in this Section. 3-4-2: DEFINITIONS: The following terms shall apply in the interpretation and application of this Section: Commercial Building and Institutional Building: mean any structures which are used or intended either by the nature of its construction or by any conditional use permits, interim use permits or business licenses issued to be used for commercial, institutional or industrial purposes. Rental housing of any type is considered to be commercial for the purposes of this Section. Emergency Medical Response (Non-Motor Vehicle Incident): means any medical response not involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of any injured persons. Excavator: means a person who conducts excavation. Fire Service: means any deployment of fire fighting personnel and/or equipment to extinguish a fire or perform any preventative measure in an effort to protect equipment, life, or property in an area threatened by fire. It also includes the deployment of fire fighting personnel and/or equipment to provide fire suppression, rescue, extrication, or any other services related to fire and rescue as may occasionally occur. Such deployment constitutes fire service regardless of whether these services are actually performed. Fire Service Charge: means the charge imposed by the City for receiving fire service. Hazardous Substance: means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under Minnesota Statutes Chapter 182. Illegal Activities: means any activity in violation of either Minnesota statute, rules and regulations, or city or county ordinances, which may be criminal or merely not in conformity therewith.   Motor Vehicle: means any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle. This includes semi-trailers, snowmobiles, all-terrain vehicles and campers. Motor Vehicle Owner: means any person, firm, association, or corporation owning or renting a motor vehicle, or having the exclusive use thereof, under a lease or otherwise, for a period of greater than thirty (30) days. Person: means the state, a public agency, a local governmental unit, an individual, corporation, partnership, association, business, public entity or a trustee, receiver, assignee, or personal representative of any of them. Residential Building: means any structure which is used or intended by the nature of its construction to be used by persons for living and sleeping quarters, but shall not include hotels, motels, or other buildings intended primarily for transient lodging. Rental housing of any type is considered to be commercial for the purposes of this Section. Residential Buildings shall also include outbuilding, barns and other structures which are not defined as Commercial or Institutional buildings as defined herein. Underground Pipeline Utility: means an underground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute gas, oil, petroleum products, and other similar substances. Vacant Parcel: means any property parcel that does not include any building improvements. 3-4-3: CONFLICTS: In the event of any conflict between the provisions of this Section and applicable provisions of State law, rules or regulations, the latter shall prevail.

Ch.3 § 3-4

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