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HomeMy WebLinkAbout0158ORDINANCE NO. 158 AN ORDINANCE PROHIBITING THE SALE, TRANSFER AND POSSESSION OF DRUG - RELATED DEVICES AND OTHER MATERIALS THE CITY OF LAKEVILLE DOES ORDAIN: Section 1. The purposes of this ordinance are as follows: A. To protect and promote the public health, safety and general welfare by prohibiting the sale and possession of drug- related devices within the City. B. To deter the use of controlled substances by controlling certain devices and materials associated with their use. C. To reduce the availability of drug- related devices and materials in order to prevent their availability from inducing, promoting, suggesting or increasing the public acceptability of illegal drugs. Section 2. Definitions. A. "Drug- related device" means any pipe or other object suit- able to be used for smoking which: (1) Contains a visible fine wire mesh screen; or (2) Contains a bowl with the interior surface made of metal, glass, stone, acrylic, plexiglass, plastic or any transparent or translucent material; or (3) Contains a bowl with an inside diameter of one -half inch or less at the top; or (4) Contains a chamber that is larger in diameter than the bowl; or (5) Contains a flexible tube or tubes. B. "Chamber means a completely or partially enclosed area suitable for the collection or movement of smoke, other than a bowl, pipe stem, flexible tube, or a tube, suit- able for holding cigarettes or cigars for smoking. C. "Bowl" means a concave or conical- shaped object suitable for holding a smoking material to be lighted, other than the end of a tube suitable for holding cigarettes or cigars for smoking. D. "Pipe stem" means a non - flexible tube which is not wider at its widest point than the bowl which it directly touches at. E. "Means for making cigarettes" means any portable device or machine for rolling cigarettes. Section 3. Prohibitions. A. The sale, offer to sell or transfer, of any drug- related device, cigarette paper or the means for making cigarettes to a person under the age of 18 _years is here- by prohibited. B. The sale, offer to sell, display for sale, transfer or possession of any drug- related device is hereby pro- hibited regardless of the age of the persons involved. C. The leasing, subletting or otherwise knowingly permitting the use of a building or any part thereof by the owner or lessee to another for the sale of drug- related devices is hereby prohibited. Section 4. Penalties. A. Any person who violates Section 3 of this ordinance is guilty of a misdemeanor and may be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days or both. B. A separate violation occurs each day that a violation hereunder continues. Section 5. Severability. Each section, paragraph, sentence, clause, provision and word of this ordinance is intended to be separable and if any such part is held invalid or unconstitutional for any reason by a Court of competent jurisdiction, it is intended that the remainder of this ordinance shall be in full force and effect. Section 6. Effective Date. This ordinance shall take effect immediately after its passage, approval and publication. ADOPTED this 17th day of Parch, 1980. CITY OF LAKEVILLE BY: Gbrdon Leksori, Mayor r ` Attes.t'2 ::el,/,ff. / ®_. Patrick cGarvey, City C1oek -2- PUBLIC NOTICE ORDINANCE NO. 158 AN ORDINANCE PROHIBITING THE SALE, TRANSFER AND POSSESSION OF DRUG-RELATED DEVICES AND OTHER MATERIALS THE CITY OF LAKEVILLE DOES OR- DAIN: Section 1. The purposes of this ordinance are as follows: A. To protect and promote the public health, safety and general welfare by pro- hibiting the sale and possession of drug- related devices within the City. B. To deter the use of controlled substances by controlling certain devices and materials associated with their use. C. To reduce the availability of drug- related devices and materials in order to prevent their availability from inducing, promoting, suggesting or increasing the public acceptability of illegal drugs. Section 2. Definitions. A. "Drug-related device" means any pipe or other object suitable to be used for smok- ing which : (1) Contains a visible fine wire mesh screen; or (2) Contains a bowl with the interior sur- face made of metal, glass, stone, acrylic, plexiglass, plastic or any transparent or translucent material; or • (3) Contains a bowl with an inside diameter of one-half inch or less at the top; or (4) Contains a chamber that is larger in diameter than the bowl; or 51 Contains a flexible tube or tubes. B. "Chamber" means a completely or par- tially enclosed area suitable for the collec- tion or movement of smoke, other than a bowl, pipe stem, flexible tube, or a tube, suitable for holding cigarettes or cigars for smoking. C. 'Bowl" means a concave or conical - shaped object suitable for holding a smoking material to be lighted, other than the end of a tube suitable for holding cigarettes or cigars for smoking. D. "Pipe stem" means a non -flexible tube which is not wider at its widest point than the bowl which it directly touches at. E. "Means for making cigarettes" means j any portable device or machine for rolling cigarettes. Section 3. Prohibitions. A. The sale, offer to sell or transfer, of any drug-related device, cigarette paper the means for making cigarettes to a person under the age of 18 years is hereby pro- hibited. B. The sale, offer to sell, display for sale, transfer or possession of any drug-related device is hereby prohibited regardless of the age of the persons involved. C. The leasing, subletting or otherwise knowingly permitting the use of a building or any part thereof by the owner or lessee to another for the sale of drug-related devices is hereby prohibited. Section 4. Penalties. A. Any person who violates Section 3 of this ordinance is guilty of a misdemeanor and may be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days or both. B. A separate violation occurs each day that a violation hereunder continues. Section 5. Severability. Each section, paragraph, sentence, clause, provision and word of this ordinance is intended to be separable and if any such part is held invalid or unconstitutional for any reason by a Court of competent jurisdic- tion, it is intended that the remainder of this ordinance shall be in full force and effect. Section 6. Effective Date. This ordinance shall take effect im- mediately after its passage, approval and publication. ADOPTED this 17th day of March, 1980. City of Lakeville BY: GORDON LEKSON Mayor ATTEST: PATRICK McGARVEY City Clerk 210 AFFIDAVIT PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular blisiness hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed r�. hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once issacirwavek for s s; that it was first so published on Thursday, the day of nnik_c` \ 19 C6C)_ and was thereafter printed and published on every Thursday to and including Thursday the day of 19 _ __ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; Subscribed and sworn to before me this abcdefghi,jklrnnopgrstU Wsyz y/ CAROL J. HAV LAND NOTARY PUBLIC • MINNESOTA DAKOTA COUNTY My Commission Expires Case. 3. MU