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Porter City Ordinances
PART 13: GENERAL OFFENSES
Chapter
130. GENERAL
OFFENSES
CHAPTER 130: GENERAL OFFENSES
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.
(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 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.
(B)
Hunting near a city park. No
person shall hunt, shoot, or kill game within two miles of 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 in certain places.
No person shall discharge a firearm on a lawn, park, playground,
orchard, or other ground appurtenant to a school, church, or an inhabited
dwelling, the property of another, or a charitable institution.
This section does not prevent or prohibit the owner thereof from
discharging firearms upon his or her own land.
(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.
OFFICIAL CITY TIME.
The time of day as determined by reference to the master clock used
by the Police 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 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.
(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.
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