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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 /> AN ORDINANCE DEFINING OFFENSES RELATING - <br /> TO NARCOTIC DRUGS AND PROVIDING <br /> PENALTIES FOR VIOLATlONS. <br /> The V illage Council of the Village M Arden Hills does <br /> hereby-ordain as follows: <br /> Section 1. DEFINITIONS. <br /> Subd. I.I. Words, terms, and phrases. Unless the <br /> language or context clearly indicafes ihaf a differertf <br /> meaning is intended, the following words, terms, and <br /> ~ phrases,for the Purposes of ihis ordinance, shall be <br /> given the meanings subioined to ihem. <br /> Subd. 1.2. Persons, "Persons" include any cor. <br /> poration, association, co-parinership, or any one or <br /> more individuais. Subd. 1.3. The , words "physician," "dentist," <br /> "veterinarian," "manufacturer," "wholesale," <br /> "apothecary," "hospital," and "laboratory" are <br /> herewith defined pursuant to the terms of Minnesota <br /> . Statutes 618.01, Subdivision 3, 4, 5, 6, 7, d, 9, and 10. <br /> Subd. 1.4. Narcotic Drugs. For purposes of this or- <br /> dinance "narcotic drugs" shall mean coca leaves, <br /> opium, cannabis (marijuana and hashish), <br /> isonipecaine, amidone, isoamidone, xetobemidone, as <br /> more fully defined in Minnesofa Sfatutes 618.01 Sub- <br /> divisions 12, 13, 14, 15, 20, 21, 22 and 23; and shall include <br /> alt depressants, sfimulanfs, hallucinogens including <br /> LSD by whatever irede name ihey are known, and <br /> every oTher substance neither chemically nor <br /> physically distinguishab!e from ihem; and any other <br /> drugs to which the Federal Narcotics Law may now <br /> apply; and any other drug which is hereafter im cluded under the federal Narcotic Laws and found <br /> by the State Board of Healih afTer reasonable no- <br /> tice and opportunity for hearing, to have an ac- <br /> diction-forming or addiction sustaining liability sim- <br /> ilar to morphine or cocaine, from the effective date of determination of such finding of said State Board <br /> of Health. drug which is hereafier included under the federal <br /> Narcotic Laws and found by the State Board oi Healih <br /> aftEr reasonable notice antl opportunity for heering, to <br /> have an addiction-forming or addiction sustaining <br /> liability similar to morphine or cocaine, from the ef- <br /> fective date of determination of such finding of said <br /> State Boartl of Healih. <br /> Subd. 1.5. 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 /> Subtl. 1.6. d/(icial Written Order. "Otficial wriffen <br /> order" means an order written on a form providetl for <br /> ihat purpose by the United States Commissioner of <br /> Narcotics under any laws of the United States making provision iherefore, 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 provitled for fhaf <br /> purpose Cy the Depariment of Health of the State. <br /> Subd. 7.7. NarcoTic Drug Paraphernalia. Narcofic <br /> drug paraphernalia shall include hypodermic syringe Or <br /> needle or any insirument or Implemen4 adapted for the <br /> use of narcotic drugs, or any stem, bowl, lamp, pipe, <br /> cigaretfe 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 PUBIIC NUISANCE. <br /> 11 is hereby declared to be a publ ic nuisance affect(ng <br /> the public peace, safety and general welfare for anY <br /> person, except as defined in Section 5 hereol, fo heve in <br /> iheir possession or allow on their premises any narcotic <br /> drug., <br /> Section 7. UNLAWFUL ACTS. <br /> Excepf as exempted in Section 5 hereof, it Shall be <br /> unlawful tor any persan to sell, prescribe, adminisfer, <br /> dispense or furnish to a minor, or manufacfure, possess, <br /> have under his conirol, sell, prescribe, administer, <br /> dispense or compound any narcotic drug. <br /> Section 4. KEPT IN ORIGINAL CONTAINER. <br /> A person to whom or for whose use any narcotic tlrug <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 veterinarlan, <br /> may lawlutly possess it only in the container in which iT <br /> was delivered to him by the person selling or dispensing <br /> the same. <br /> Section S. PERSONS EXEMPTED. The provisions W <br /> ihis ordinance resiricting 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 Chapter 618 of Minnesofa Statutes,includin9 iherein, <br /> but withouf limitation, persons ticensed untler 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. BUROEN OF PROOF. <br /> In any complaint and in any action or proceeding <br /> broughf tor 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 prooi of any such - <br /> exception, excuse, proviso, or exemption shall be upon <br /> the defendant. <br /> Secfion 7. SEPARABILITY. . <br /> ~ If any provision of ihis ordinance or the aPPlication <br /> ihereof 9o any person or circumstances is held invalid, <br /> such invalidity shall not affect other provisions of ap. <br /> plications of the ordinance which can be given effect <br /> without the invalid provision or application, and to this <br /> end the provisions of this ordinance are declared to be <br /> severable. <br /> Section B. PENALTIES. <br /> Any person violating any provision of ihis ordinance <br /> shall be guilty of a misdemeanor, punishable by a fine of <br /> not to exceed $300 and imprisonment not to exceed three <br /> (3) monfhs. <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 Village of Artlen Hills ihis <br /> 101h day of July, 1972. <br /> Henry J. Crepeau, Jr., Mayor <br /> ATTEST: <br /> Lorraine E. Siromquist <br /> Clerk-Administrator <br /> (Bulletin: July 13, 1972) <br />