2001-03-06 P & Z Agenda - Laserfiche WebLink

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:- 4. Ordinances that are inconsistent with or not authorized by state law. This is the most common problem. Statutory cities can only adopt ordinances when authorized by state law to do so. Home rule charter cities can adopt ordinances on all appropriate subjects unless prohibited by state law. Archaic Regulations These should be either updated or repealed. Someone in the city should review all ordinances enacted before 1950. Examples: I. "It shall be unlawful for any person to perform any kind of drugging within the city without first procuring a license from the City Council." Enacted 4/4/1900. State law regulates druggists and the use of controlled substance. 2. "No person shall frequent or visit any house or other place of prostitution or ill fame within the city for the purpose of lewd, illicit, or lascivious intercourse or association with any person of the opposite sex." Enacted 6/10/1893. State law, M. S. SS 609.321 to 609.33, defines and prohibits prostitution. 3. "Whoever shall hitch or fasten any animal to any lamppost or shade tree in the city..." Enacted 4/2311900. Unconstitutional Ordinances 1. "Any person who shall appear in any street or public place within the city in a state of nudity, in a dress not belonging to his or her sex, or in any indecent or lewd dress; who shall make any indecent exposure of his or her person, be guilty of an obscene or filthy act, or of any lewd, indecent, immoral, or insulting language or behavior; who shall exhibit, sell or offer to sell any indecent, obscene or lewd book, picture, or other thing; or who shall exhibit or perform any indecent, immoral, or lewd play or other representation, or stand any stallion, bull, jack, or other animal for breeding purposes, in any open or unenclosed place, shall be guilty of a misdemeanor." Statutory cities do have the power to regulate vice. M. S. S 412.221, Subd. 26 provides "The council shall have power by ordinance to restrain and punish vagrants, prostitutes and persons guilty of lewd conduct." However, the First Amendment prohibits restrictions on freedom of expression. And, State law, M. S. SS 617.241; 617.293 defines and prohibits obscene performances and materials. Other state laws prohibit prostitution. These should be adopted by reference or their language followed if the city wishes to enforce their provisions as ordinance violations. 2. "The act of begging or soliciting alms, roving about from place to place, and lodging in barns and other places not intended as a lodging place for human beings shall be prima facie evidence that such person is a tramp or vagrant." State law, M. S. S 609.725, defines and prohibits vagrancy. 2