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<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)
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