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<br />										STATE OF MINNESOTA
<br />										COUNTY OF RAMSEY
<br />								    	VILLAGE OF ARDEN HILLS
<br />									 	ORDINANCE NO. 156
<br />							   	AN ORDINANCE DEFINING OFFENSES RELATING							  	-
<br />							  	TO   	NARCOTIC   	DRUGS   	AND   	PROVIDING
<br />							   	PENALTIES FOR VIOLATlONS.
<br />							    	The V illage Council of the Village M Arden Hills does
<br />							   	hereby-ordain as follows:
<br />							    	Section 1. DEFINITIONS.
<br />							    	Subd.  I.I. Words, terms, and phrases.  Unless the
<br />							   	language or context clearly indicafes ihaf a differertf
<br />							   	meaning is intended, the following words, terms, and
<br />  ~						 	phrases,for the Purposes of ihis ordinance, shall be
<br />							  	given the meanings subioined to ihem.
<br />							    	Subd.  1.2.  Persons,  "Persons"  include  any  cor.
<br />							   	poration, association, co-parinership, or any one or
<br />							   	more individuais. Subd.  1.3.  The , words  "physician,"  "dentist,"
<br />							   	"veterinarian,"  "manufacturer,"  "wholesale,"
<br />							   	"apothecary," "hospital," and "laboratory" are
<br />							   	herewith defined pursuant to the terms of Minnesota
<br />		     	.				    	Statutes 618.01, Subdivision 3, 4, 5, 6, 7, d, 9, and 10.
<br />							    	Subd. 1.4. Narcotic Drugs. For purposes of this or-
<br />							   	dinance  "narcotic  drugs"  shall  mean  coca  leaves,
<br />							   	opium,  cannabis   	(marijuana  and  hashish),
<br />							   	isonipecaine, amidone, isoamidone, xetobemidone, as
<br />							   	more fully defined in Minnesofa Sfatutes 618.01 Sub-
<br />							   	divisions 12, 13, 14, 15, 20, 21, 22 and 23; and shall include
<br />							   	alt  depressants,  sfimulanfs,  hallucinogens  including
<br />							   	LSD by whatever irede name ihey are known, and
<br />							   	every  oTher  substance  neither  chemically  nor
<br />							   	physically distinguishab!e from ihem; and any other
<br />							  	drugs to which the Federal Narcotics Law may now
<br />							  	apply;  and  any other drug  which  is  hereafter  im cluded under the federal  Narcotic Laws and found
<br />							  	by the State  Board of  Healih  afTer  reasonable no-
<br />							  	tice  and  opportunity  for  hearing,  to  have  an  ac-
<br />							  	diction-forming or addiction sustaining liability sim-
<br />							   	ilar to morphine or cocaine, from the effective date of determination of such finding of said State Board
<br />							   	of Health. drug which is hereafier included under the federal
<br />							   	Narcotic Laws and found by the State Board oi Healih
<br />							   	aftEr reasonable notice antl opportunity for heering, to
<br />							   	have  an  addiction-forming  or  addiction  sustaining
<br />							   	liability similar to morphine or cocaine, from the ef-
<br />							   	fective date of determination of such finding of said
<br />							   	State Boartl of Healih.
<br />							    	Subd. 1.5. Federal Narcotics Laws.  "Federal  Nar-
<br />							   	cotics Laws"  means the laws of the United States
<br />							   	relating To opium, coca  leaves,  and other  narcotic
<br />							   	drugs.
<br />							    	Subtl. 1.6. d/(icial Written Order. "Otficial wriffen
<br />							   	order" means an order written on a form providetl for
<br />							   	ihat purpose by the United States Commissioner of
<br />							   	Narcotics under any laws of the United States making provision iherefore, if such order forms are authorized
<br />							   	and required by Federal Law, and if no such order form
<br />							   	is provided, ihen on an officialform provitled for fhaf
<br />							   	purpose Cy the Depariment of Health of the State.
<br />							    	Subd. 7.7.  NarcoTic  Drug  Paraphernalia.  Narcofic
<br />							   	drug paraphernalia shall include hypodermic syringe Or
<br />							   	needle or any insirument or Implemen4 adapted for the
<br />							   	use of narcotic drugs, or any stem, bowl, lamp, pipe,
<br />							   	cigaretfe paper or other narcotic smoking parapher-
<br />							   	nalia or accessories used for the smoking or inhalation
<br />							   	of narcotics as defined herein.
<br />							    	Section 2. DECLARATION OF PUBIIC NUISANCE.
<br />							    	11 is hereby declared to be a publ ic nuisance affect(ng
<br />							   	the public peace, safety and general welfare for anY
<br />							   	person, except as defined in Section 5 hereol, fo heve in
<br />							   	iheir possession or allow on their premises any narcotic
<br />							   	drug.,
<br />							    	Section 7. UNLAWFUL ACTS.
<br />							    	Excepf as exempted in Section 5 hereof, it Shall be
<br />							   	unlawful tor any persan to sell, prescribe, adminisfer,
<br />							   	dispense or furnish to a minor, or manufacfure, possess,
<br />							   	have under his conirol, sell,  prescribe,  administer,
<br />							   	dispense or compound any narcotic drug.
<br />							    	Section 4. KEPT IN ORIGINAL CONTAINER.
<br />							    	A person to whom or for whose use any narcotic tlrug
<br />							   	has been prescribed, sold, or dispensed, by a physician,
<br />							   	dentist, apothecary, or other person authorized under
<br />							   	the provisions of Section 618.05, Minnesota Statutes, and
<br />							   	the owner of any animal for which any such drug has
<br />							   	been prescribed, sold, or dispensed, by a veterinarlan,
<br />							   	may lawlutly possess it only in the container in which iT
<br />							   	was delivered to him by the person selling or dispensing
<br />							   	the same.
<br />							    	Section S. PERSONS EXEMPTED. The provisions W
<br />							   	ihis ordinance resiricting possession and use of narcotic
<br />							   	drugs shall not apply to persons lawfully authorized to
<br />							   	possess or use such narcotic drugs under the provisions
<br />							   	of Chapter 618 of Minnesofa Statutes,includin9 iherein,
<br />							   	but withouf limitation, persons ticensed untler Section
<br />							   	618.03, purchasers under Section 618.05, and SectiOn
<br />							   	618.06, professional  users under  Section 618.07,  and
<br />							   	persons specifically exempted under Section 618.13.
<br />							    	Section 6. BUROEN OF PROOF.
<br />							    	In any complaint and in any action or proceeding
<br />							   	broughf tor the enforcement of any provision of ihis
<br />							   	ordinance, it shall not be necessary to negative any
<br />							   	exception, excuse, provisio, or exemption contained in
<br />							   	ihis ordinance, and the burden of prooi of any such	   	-
<br />							   	exception, excuse, proviso, or exemption shall be upon
<br />							   	the defendant.
<br />							    	Secfion 7. SEPARABILITY.							 	.
<br />   	~						    	If any provision of ihis ordinance or the aPPlication
<br />							   	ihereof 9o any person or circumstances is held invalid,
<br />							   	such invalidity shall not affect other provisions of ap.
<br />							   	plications of the ordinance which can be given effect
<br />							   	without the invalid provision or application, and to this
<br />							   	end the provisions of this ordinance are declared to be
<br />							   	severable.
<br />							    	Section B. PENALTIES.
<br />							    	Any person violating any provision of ihis ordinance
<br />							   	shall be guilty of a misdemeanor, punishable by a fine of
<br />							   	not to exceed $300 and imprisonment not to exceed three
<br />							   	(3) monfhs.
<br />							    	Section 9. EFFECTIVE DATE.
<br />							    	This ordinance shall be in full force and effect from
<br />							   	and after its passage and publication.
<br />							    	Passed by the Council of the Village of Artlen Hills ihis
<br />							   	101h day of July, 1972.
<br />										 	Henry J. Crepeau, Jr., Mayor
<br />							   	ATTEST:
<br />							    	Lorraine E. Siromquist
<br />							    	Clerk-Administrator
<br />							   	(Bulletin: July 13, 1972)
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