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HomeMy WebLinkAbout#156 Narcotic Drugs STATE OF MINNESOTA COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS ORDINANCE NO. 156 AN ORDINANCE DEFINING OFFENSES RELATING - TO NARCOTIC DRUGS AND PROVIDING PENALTIES FOR VIOLATlONS. The V illage Council of the Village M Arden Hills does hereby-ordain as follows: Section 1. DEFINITIONS. Subd. I.I. Words, terms, and phrases. Unless the language or context clearly indicafes ihaf a differertf meaning is intended, the following words, terms, and ~ phrases,for the Purposes of ihis ordinance, shall be given the meanings subioined to ihem. Subd. 1.2. Persons, "Persons" include any cor. poration, association, co-parinership, or any one or more individuais. Subd. 1.3. The , words "physician," "dentist," "veterinarian," "manufacturer," "wholesale," "apothecary," "hospital," and "laboratory" are herewith defined pursuant to the terms of Minnesota . Statutes 618.01, Subdivision 3, 4, 5, 6, 7, d, 9, and 10. Subd. 1.4. Narcotic Drugs. For purposes of this or- dinance "narcotic drugs" shall mean coca leaves, opium, cannabis (marijuana and hashish), isonipecaine, amidone, isoamidone, xetobemidone, as more fully defined in Minnesofa Sfatutes 618.01 Sub- divisions 12, 13, 14, 15, 20, 21, 22 and 23; and shall include alt depressants, sfimulanfs, hallucinogens including LSD by whatever irede name ihey are known, and every oTher substance neither chemically nor physically distinguishab!e from ihem; and any other drugs to which the Federal Narcotics Law may now apply; and any other drug which is hereafter im cluded under the federal Narcotic Laws and found by the State Board of Healih afTer reasonable no- tice and opportunity for hearing, to have an ac- diction-forming or addiction sustaining liability sim- ilar to morphine or cocaine, from the effective date of determination of such finding of said State Board of Health. drug which is hereafier included under the federal Narcotic Laws and found by the State Board oi Healih aftEr reasonable notice antl opportunity for heering, to have an addiction-forming or addiction sustaining liability similar to morphine or cocaine, from the ef- fective date of determination of such finding of said State Boartl of Healih. Subd. 1.5. Federal Narcotics Laws. "Federal Nar- cotics Laws" means the laws of the United States relating To opium, coca leaves, and other narcotic drugs. Subtl. 1.6. d/(icial Written Order. "Otficial wriffen order" means an order written on a form providetl for ihat purpose by the United States Commissioner of Narcotics under any laws of the United States making provision iherefore, if such order forms are authorized and required by Federal Law, and if no such order form is provided, ihen on an officialform provitled for fhaf purpose Cy the Depariment of Health of the State. Subd. 7.7. NarcoTic Drug Paraphernalia. Narcofic drug paraphernalia shall include hypodermic syringe Or needle or any insirument or Implemen4 adapted for the use of narcotic drugs, or any stem, bowl, lamp, pipe, cigaretfe paper or other narcotic smoking parapher- nalia or accessories used for the smoking or inhalation of narcotics as defined herein. Section 2. DECLARATION OF PUBIIC NUISANCE. 11 is hereby declared to be a publ ic nuisance affect(ng the public peace, safety and general welfare for anY person, except as defined in Section 5 hereol, fo heve in iheir possession or allow on their premises any narcotic drug., Section 7. UNLAWFUL ACTS. Excepf as exempted in Section 5 hereof, it Shall be unlawful tor any persan to sell, prescribe, adminisfer, dispense or furnish to a minor, or manufacfure, possess, have under his conirol, sell, prescribe, administer, dispense or compound any narcotic drug. Section 4. KEPT IN ORIGINAL CONTAINER. A person to whom or for whose use any narcotic tlrug has been prescribed, sold, or dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of Section 618.05, Minnesota Statutes, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarlan, may lawlutly possess it only in the container in which iT was delivered to him by the person selling or dispensing the same. Section S. PERSONS EXEMPTED. The provisions W ihis ordinance resiricting possession and use of narcotic drugs shall not apply to persons lawfully authorized to possess or use such narcotic drugs under the provisions of Chapter 618 of Minnesofa Statutes,includin9 iherein, but withouf limitation, persons ticensed untler Section 618.03, purchasers under Section 618.05, and SectiOn 618.06, professional users under Section 618.07, and persons specifically exempted under Section 618.13. Section 6. BUROEN OF PROOF. In any complaint and in any action or proceeding broughf tor the enforcement of any provision of ihis ordinance, it shall not be necessary to negative any exception, excuse, provisio, or exemption contained in ihis ordinance, and the burden of prooi of any such - exception, excuse, proviso, or exemption shall be upon the defendant. Secfion 7. SEPARABILITY. . ~ If any provision of ihis ordinance or the aPPlication ihereof 9o any person or circumstances is held invalid, such invalidity shall not affect other provisions of ap. plications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section B. PENALTIES. Any person violating any provision of ihis ordinance shall be guilty of a misdemeanor, punishable by a fine of not to exceed $300 and imprisonment not to exceed three (3) monfhs. Section 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication. Passed by the Council of the Village of Artlen Hills ihis 101h day of July, 1972. Henry J. Crepeau, Jr., Mayor ATTEST: Lorraine E. Siromquist Clerk-Administrator (Bulletin: July 13, 1972) STATE OF MINNESOTA . COUNTY OF RAMSEY VILLAGE OF ARDEN HILLS ORDINANCE NO. 156 ANORDINANCE DEFININGOFFENSES RELATING TO NARCOTIC DRUGS AND PROVIDING PENALTIES FOR VIOLATlONS. The Village Council of the Village of Arden Hills does hereby-ordain as follows: Section 1. DEFINITIONS. Subtl. 1.1. Words, terms, and phrases. Unless the language or context clearly indicates ihat a different meaning is intended, the following words, terms, and . phrases,for the purposes of ihis ordinance, shall be given the meanings subjoined to ihem. - Subtl. 1.2. Persons. "Persons" include any cOr- poration, association, co-parinership, or any one or more indivitluals. Subd. 1.3. The , words "physician," "deniist," "veterinarian," "manufacturer," "wholesale," "apothecary," "hospital," and "IaboraTOry" are herewith defined pursuant to the terms of Minnesota Statutes 618.01, Subdivision 3, 4, 5, 6, 7,8,9, and 10. - Subd. 1.4. Narcotic Drugs. For purposes of this or. tlinance "nercoTic drugs" shall mean coca leaves, opium, cannabis (marijuana and hashi5h), isonipecaine, amidone, isoamidone, xetobemitlone, as more fully defined in Minnesota Statutes 618.01 Sub. divisions 12, 13, 14, 15, 20, 21, 24 and 23; antl shall include all depressanTs, stimulanis, hallucinogens including LSD by whatever frade name They are known, antl every other substance neither chemically nor physically tlistinguishable from ihem; and any other drugs to which the Fpderal Narcotics Law may now apply; and any other drug which is hereafter in- cluded under the federal Narcotic Laws and found by the State Board of Healih after reasoneble no- tice and opportunity for hearing, to have an ao diction-forming or addiction sustaining liability slm- ilar to morphine or cocaine, from the effective date of determination of such finding of said StaTe Board of HealTh. drug which is hereafter included under the federal NarcoTic Laws and found by the State Board of Health aftAr reasonable notice antl opportunity for hearinq, to have an addiction-forming or addiction sustaining liability similar to morphine or cocaine, from the ef- tective date of determination of such findin9 of said State Board of Heal}h. Subd. I.S. Federal Narcotics Laws. "Federal Nar. cotics Laws" means the laws of the United States relating to opium, coca leaves, and other narcotic drugs. Subd. 1.6. dfficial Written Order. "Official writTen order" means an order written on a form provided for ihat purpose by the United States Commissioner of Narcotics under any laws of the United States making provision fherefore, if such order forms are authorized and required by Federal law, and if no such order form is provided, ihen on an officialform provideq for ihat purpose by the DeparimenT of Healih of the State. Subd. 1.7. Narcotic Drug Paraphernalia. Narcotic drug paraphernal ia shall include hypodermic syringe or needle or any insTrument or implemen4 adapted for the use of narcotic drugs, or any stem, bowl, lamp, pipe, cigarette paper or other narcotic smoking parapher- nalia or accessories used for the smoking or inhalation of narcotics as defined herein. Section 2. DECLARATION OF PUBLIC NUISANCE. It is hereby declared to be a public nuisance affecting the public peace, safety and general welfare for any person, except as defined in Section 5 hereof, to have in iheir possession or allow on iheir premises any narcotic drug., Section 3. UNLAWFUL ACTS. Except as exempted in Section 5 hereof, it shall be unlawful for any person to sell, prescribe, atlminister, dispense or furnish to a minor, or manufacture, possess, have under his conirol, sell, prescribe, atlminister, dispense or compound any narcotic drug. Section A. KEPT IN ORIGINAL CONTAINER. A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of Section 618.05, Minnesota Statutes, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which if was delivered to him by the person selling or dispensing the same. SecTion S. PERSONS EXEMPTED. The provisions of This ordinence resfricfing possession and use of narcotic drugs shall not apply To persons lawfully authorized to possess or use such narcotic drugs under the provisions of Chapfer 618 of Minnesota STafutes,including iherein, but withouT limitafion, persons licensetl under Section 618.03, purchasers under Section 618.05, and Section 618.06, professional users under Section 618.07, and persons specifically exempted under Section 618.13. Section 6. BURDEN OF PROOF. In any complaint and in any action or proceeding brought for the enforcement of any provision of ihis ordinance, it shall not be necessary to negative any exception, excuse, provisio, or exemption contained in ihis ordinance, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant. Section 7. SEPARABILITY. If any provision of ihis ordinance or the application ihereof Po any person or circumstances is held invalid, such invalidity shall nof affecf other provisions of ap- plications of the ordinance which can be given effect without the invalid provision or application, and to ihis end the provisions of ihis ordinance are declared to be severable. Sedion B. PENALTIES. Any person violating any provision of fhis ordinance shall be guilty of a misdemeanor, punishable by a fine of not fo exceed E300 and impr{sonment not to exceed ihree (3) monihs. SecTion 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publicaTion. Passed by the Council of the V illage of Arden H ills ihis 101h day of July, 1972. Henry J. Crepeau, Jr., Mayor ATTEST: Lorraine E. Siromquist Clerk-Adminisirator (Bulletin: July 13, 1972)