Ordinance No. 143 Clandestine Drug Labs

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City of Gem Lake, Ramsey County, Minnesota Clandestine Drug Labs Ordinance No. 143 AN ORDINANCE REGARDING CLANDESTINE DRUG LABS AND PROVIDING FOR ABATEMENT AND PENALTIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF GEM LAKE ORDAINS: Section 1. Purpose and Intent. The purpose of this Ordinance is to protect the public health, safety and welfare and reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab or chemical dump site may exist. These conditions present health and safety risks to occupants and visitors of such structures and land through fire, explosion and skin and respiratory exposure to chemicals. The City Council finds that such sites may contain hazardous chemicals, substances, or residues that place people, particularly children or adults of child-bearing age, at risk of exposure through inhabiting the property, visiting the property or using or being exposed to contaminated personal property. Section 2. Definitions. For the purpose of this Ordinance, the following terms or words shall be interpreted as follows: 1. Child: means any person less than 18 years of age. 2. Chemical Dump Site: means any place or area where chemicals or other waste materials have been located. 3. Clandestine Drug Lab: means the unlawful manufacture or attempt to manufacture controlled substances. 4. Clandestine Drug Lab Site: means any place or area where law enforcement has determined that conditions associated with the operation of unlawful clandestine drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures, buildings, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any other area, land or location. 5. Cleanup: means proper removal and/or containment of substances hazardous to humans and/or the environment at a clandestine drug lab site or chemical dump site. 6. Controlled Substance: means any drug, substance or immediate precursor in Schedules I through V of Minnesota Statutes Section 152.02. The term does not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. 7. Owner: means any person, firm, corporation, or other entity who owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a clandestine drug lab site or chemical dump site. 8. Public Health Nuisance: means a nuisance as defined above or under Minnesota Statute Section 145A.02, subdivision 17. 9. Remediation: means methods such as assessment, evaluation, testing, venting, detergent scrubbing, enclosure, encapsulation, demolition, and/or removal of contaminated materials from a clandestine drug lab site or chemical dump site. Section 3. Administration. 1. Declaration of Property as a Public Health Nuisance. 1. Any property containing a clandestine drug lab or chemical dump site will be declared a public health nuisance. Clandestine Drug Lab Ordinance No. 143