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<br /> <br /> <br /> <br /> <br /> <br /> STATE OF MINNESOTA <br /> . COUNTY OF RAMSEY <br /> VILLAGE OF ARDEN HILLS <br /> ORDINANCE NO. 156 <br /> ANORDINANCE DEFININGOFFENSES RELATING <br /> TO NARCOTIC DRUGS AND PROVIDING <br /> PENALTIES FOR VIOLATlONS. <br /> The Village Council of the Village of Arden Hills does <br /> hereby-ordain as follows: <br /> Section 1. DEFINITIONS. <br /> Subtl. 1.1. Words, terms, and phrases. Unless the <br /> language or context clearly indicates ihat a different <br /> meaning is intended, the following words, terms, and . <br /> phrases,for the purposes of ihis ordinance, shall be <br /> given the meanings subjoined to ihem. - <br /> Subtl. 1.2. Persons. "Persons" include any cOr- <br /> poration, association, co-parinership, or any one or <br /> more indivitluals. <br /> Subd. 1.3. The , words "physician," "deniist," <br /> "veterinarian," "manufacturer," "wholesale," <br /> "apothecary," "hospital," and "IaboraTOry" are <br /> herewith defined pursuant to the terms of Minnesota <br /> Statutes 618.01, Subdivision 3, 4, 5, 6, 7,8,9, and 10. <br /> - Subd. 1.4. Narcotic Drugs. For purposes of this or. <br /> tlinance "nercoTic drugs" shall mean coca leaves, <br /> opium, cannabis (marijuana and hashi5h), <br /> isonipecaine, amidone, isoamidone, xetobemitlone, as <br /> more fully defined in Minnesota Statutes 618.01 Sub. <br /> divisions 12, 13, 14, 15, 20, 21, 24 and 23; antl shall include <br /> all depressanTs, stimulanis, hallucinogens including <br /> LSD by whatever frade name They are known, antl <br /> every other substance neither chemically nor <br /> physically tlistinguishable from ihem; and any other <br /> drugs to which the Fpderal Narcotics Law may now <br /> apply; and any other drug which is hereafter in- <br /> cluded under the federal Narcotic Laws and found <br /> by the State Board of Healih after reasoneble no- <br /> tice and opportunity for hearing, to have an ao <br /> diction-forming or addiction sustaining liability slm- <br /> ilar to morphine or cocaine, from the effective date <br /> of determination of such finding of said StaTe Board <br /> of HealTh. <br /> drug which is hereafter included under the federal <br /> NarcoTic Laws and found by the State Board of Health <br /> aftAr reasonable notice antl opportunity for hearinq, to <br /> have an addiction-forming or addiction sustaining <br /> liability similar to morphine or cocaine, from the ef- <br /> tective date of determination of such findin9 of said <br /> State Board of Heal}h. <br /> Subd. I.S. 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 /> Subd. 1.6. dfficial Written Order. "Official writTen <br /> order" means an order written on a form provided for <br /> ihat purpose by the United States Commissioner of <br /> Narcotics under any laws of the United States making <br /> provision fherefore, 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 provideq for ihat <br /> purpose by the DeparimenT of Healih of the State. <br /> Subd. 1.7. Narcotic Drug Paraphernalia. Narcotic <br /> drug paraphernal ia shall include hypodermic syringe or <br /> needle or any insTrument or implemen4 adapted for the <br /> use of narcotic drugs, or any stem, bowl, lamp, pipe, <br /> cigarette 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 PUBLIC NUISANCE. <br /> It is hereby declared to be a public nuisance affecting <br /> the public peace, safety and general welfare for any <br /> person, except as defined in Section 5 hereof, to have in <br /> iheir possession or allow on iheir premises any narcotic <br /> drug., <br /> Section 3. UNLAWFUL ACTS. <br /> Except as exempted in Section 5 hereof, it shall be <br /> unlawful for any person to sell, prescribe, atlminister, <br /> dispense or furnish to a minor, or manufacture, possess, <br /> have under his conirol, sell, prescribe, atlminister, <br /> dispense or compound any narcotic drug. <br /> Section A. KEPT IN ORIGINAL CONTAINER. <br /> A person to whom or for whose use any narcotic drug <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 veterinarian, <br /> may lawfully possess it only in the container in which if <br /> was delivered to him by the person selling or dispensing <br /> the same. <br /> SecTion S. PERSONS EXEMPTED. The provisions of <br /> This ordinence resfricfing 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 Chapfer 618 of Minnesota STafutes,including iherein, <br /> but withouT limitafion, persons licensetl under 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. BURDEN OF PROOF. <br /> In any complaint and in any action or proceeding <br /> brought for 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 proof of any such <br /> exception, excuse, proviso, or exemption shall be upon <br /> the defendant. <br /> Section 7. SEPARABILITY. <br /> If any provision of ihis ordinance or the application <br /> ihereof Po any person or circumstances is held invalid, <br /> such invalidity shall nof affecf other provisions of ap- <br /> plications of the ordinance which can be given effect <br /> without the invalid provision or application, and to ihis <br /> end the provisions of ihis ordinance are declared to be <br /> severable. <br /> Sedion B. PENALTIES. <br /> Any person violating any provision of fhis ordinance <br /> shall be guilty of a misdemeanor, punishable by a fine of <br /> not fo exceed E300 and impr{sonment not to exceed ihree <br /> (3) monihs. <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 V illage of Arden H ills ihis <br /> 101h day of July, 1972. Henry J. Crepeau, Jr., Mayor <br /> ATTEST: <br /> Lorraine E. Siromquist <br /> Clerk-Adminisirator <br /> (Bulletin: July 13, 1972) <br />