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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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