CHAPTER 130: GENERAL OFFENSES
Section
130.01 Unlawful assembly and other misdemeanors
130.02 Fireworks and firearms
130.03 Offenses against public property
130.04 Curfew for minors
§ 130.01 UNLAWFUL ASSEMBLY AND OTHER MISDEMEANORS.
When three or more persons shall assemble with intent:
(A) To commit any unlawful act by force;
(B) To carry out any purpose in such a manner as to disturb the public peace; or
(C) Being assembled, shall attempt or threaten any act tending toward a breach of the peace or an injury to persons or property, or any unlawful act, such an assembly is unlawful, and every person participating therein, by his or her presence, aid or instigation, shall be guilty of a misdemeanor.
Penalty, see § 10.99
§ 130.02 FIREWORKS AND FIREARMS.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. The term FIREWORKS means:
(1) Any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in division (C), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks.
(2) The term FIREWORKS shall not include toy pistols, toy guns, in which paper caps containing twenty-five hundredths grains or less of explosive compound are used and toy pistol caps which contain less than twenty hundredths grains of explosive mixture.
(3) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. (See Minn. Stat. § 624.20, as it may be amended from time to time).
(B) It shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an authorized person; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state.
Penalty, see § 10.99
§ 130.03 OFFENSES AGAINST PUBLIC PROPERTY.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAMAGE TO PUBLIC PROPERTY. Cutting, carving, marking or painting, disfiguring, defacing, injuring or otherwise altering the appearance of any public property or public grounds.
(B) Prohibition. No person shall cause damage to public property without authorized permission or proper consent.
Penalty, see § 10.99
Statutory reference:
Similar provisions, see Minn. Stat. § 629.595
§ 130.04 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 10:00 p.m. and 5:00 a.m.
(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 12:00 midnight and 5:00 a.m. during the academic school year; and during the summer months when the academic school is not in session, between 1:00 a.m. and 5:00 a.m.
(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; or
(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 applies.
(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.
(I) Affirmative defense. A law enforcement officer must look into whether a minor has an affirmative defense before making an arrest.
Penalty, see § 10.99
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