TITLE XIII:  GENERAL OFFENSES
Chapter
	130.	GENERAL OFFENSES
CHAPTER 130:  GENERAL OFFENSES
Section
General Provisions
	130.01	Conduct or acts forbidden
Weapons
	130.15	Possession, discharge, or sale of weapons
Trapping
	130.30	Purpose
	130.31	Violations
	130.32	Permission
Noise Control
	130.45	Noise prohibited
	130.46	Measurement of noise
	130.47	Construction equipment
	130.48	Outdoor implements
Curfews
	130.60	Curfews
GENERAL PROVISIONS
§ 130.01  CONDUCT OR ACTS FORBIDDEN.
	The provisions of M.S. Ch. 609, the Criminal Code, as it may be amended from time to time, defining certain crimes, are hereby incorporated in this code by reference to the same extent as if fully set forth in this section.
(1997 Code, § 1330.01)
WEAPONS
§ 130.15  POSSESSION, DISCHARGE, OR SALE OF WEAPONS.
	(A)	Definitions.  Unless specifically defined in this section, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage in § 11.01.
	(B)	Unlawful acts.  Except as otherwise provided in this section, it shall be unlawful for any person:
		(1)	To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of a residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city, except on an approved target range;
		(2)	To wear or carry a loaded weapon for hunting or other purposes on land not owned by the person wearing or carrying the weapon, in the city, without specific written and dated permission of the owner of the land. The writing containing the permission shall also describe with reasonable accuracy the boundaries of the land owned by the owner giving the permission, except on an approved target range.
	(C)	Seizure; confiscation.  If any police officer personally observes conduct in violation of division (B) above, the weapon may be immediately seized and held in the custody of the City Police Department pending appropriate court action.  If the court determines a violation of division (B) above has occurred, the weapon involved in the violation shall be forfeited to and confiscated by the city.
	(D)	Exceptions.  The prohibitions of this section shall not apply to:
		(1)	Police officers.  Duly authorized police officers of the city when in the course and scope of their duties, nor to any officer of any court whose duty shall be to serve warrants or to make arrests, nor to persons who shall have obtained from the Council or some other appropriate governmental agency, a license or permit to handle or have in his or her possession or control any weapon;
		(2)	Encased weapons.  Persons in possession of any weapon that is unloaded and properly encased and/or is being stored, transported, or displayed within a residence;
		(3)	Bows and arrows.  Persons in possession or control of bows and arrows while engaged in recreational activities, except hunting or instructional programs or archery ranges located within county or city parks; and/or
		(4)	Sale not in regular course of business.  Persons in possession or control of any weapon for the purpose of the sale of the weapon as long as the sale is not in the regular course of the person's business.
(1997 Code, § 1300.01)  Penalty, see § 10.99
TRAPPING
§ 130.30  PURPOSE.
	It is the purpose of §§ 130.30 et seq. to preclude trapping except where specifically approved by the landowner.
(1997 Code, § 1310.01)
§ 130.31  VIOLATIONS.
	It shall be unlawful to:
	(A)	Set traps within the city without the written permission of the fee owner or contract purchaser of the real property upon which the traps are to be set; permission from a tenant or person holding any other interest in the real property is not valid;
	(B)	To set traps in any park or other public property except for public purposes upon order of the governmental body responsible for or owning the real property;
	(C)	To place any trap within 500 feet of a building occupied by human beings, livestock, or domestic animals, without permission of the owner of the building; to place traps within 200 feet of a public right-of-way for roads; and/or
	(D)	To set or place traps which do not have the trapper's name and either trapper's address or trapper's license number etched onto the trap or onto a metal tag which is welded, brazed, or soldered to the trap or affixed to the trap with a tightly twisted wire or solid metal ring; to set or place traps within 50 feet of the shoreline of any lake, swamp, stream, or other public water.
(1997 Code, § 1310.02)  Penalty, see § 10.99
§ 130.32  PERMISSION.
	The written permission must contain a statement allowing the trapper to place the traps, and:
	(A)	Be signed by the fee owner or contract purchaser;
	(B)	Dated within 6 months; and
	(C)	Contain a drawing, map, or diagram showing the boundaries of the landowner's real property.
(1997 Code, § 1310.03)  Penalty, see § 10.99
NOISE CONTROL
§ 130.45  NOISE PROHIBITED.
	It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth unless noise is reasonably necessary to preserve life, health, safety, or property.
(1997 Code, § 1370.01)  Penalty, see § 10.99
§ 130.46  MEASUREMENT OF NOISE.
	(A)	Any activity not expressly exempted by this section which creates or produces sound regardless of frequency exceeding the ambient noise levels of the property line of any property (or if a condominium or apartment house within any adjoining apartment) by more than 6 decibels above the ambient noise levels as designated in the following table at the time and place and for the duration then mentioned, is a violation of this section, but any enumeration in this section is not exclusive.
Duration of Sound	7:00 a.m. to 6:00 p.m. (All Districts)	6:00 p.m. to 7:00 a.m. Residential District  and 6:00 p.m. to 7:00 a.m. (All Other Districts)	10:00 p.m. to 7:00 a.m. (Residential Districts)	
Less than 10 minutes	75 db	70 db	60 db	
Between 10 minutes and 2 hours	70 db	60 db	50 db	
In excess of 2 hours	60 db	50 db	40 db	

	(B)	In determining whether a particular sound exceeds the maximum permissible sound level in the above table:
		(1)	Sounds in excess of the residential district limitations as measured in a residential district or other districts; and/or
		(2)	During all hours of Sunday and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in the table in division (A) above.
(1997 Code, § 1370.02)  Penalty, see § 10.99
§ 130.47  CONSTRUCTION EQUIPMENT.
	(A)	Except as stated, no pile driver, jackhammer, or other construction equipment shall be operated between the hours of 6:00 p.m. to 7:00 a.m. on weekdays and during any hours on Saturdays, Sundays, and state and federal holidays.  No equipment shall be operated at any time if the sound level from the operation exceeds 100 decibels measured along any property line.  However, if the decibel maximum sound limit is reduced to 95 decibels effective the second anniversary of the enactment of this code, and 90 decibels effective the fourth anniversary; and the operation of the equipment conforms to the maximum allowable sound levels as stated in this section; it may be operated during the above prohibited hours and days.  When any of the above named equipment is used for any purpose other than construction, the ambient noise levels apply.
	(B)	No internal combustion engine or any other power unit when operated in connection with construction or demolition equipment shall be operated at any time other than at the times as set forth in this section and any sound emitted from any engine or power unit shall not exceed 83 decibels measured along the property line.
	(C)	If an emergency situation exists or if substantial economic loss would result to any person unless allowed additional hours of equipment operation, a special permit may be granted for extended hours of operation of the construction equipment and internal combustion engine or power unit as follows.
		(1)	In the event of an emergency situation, a permit may be granted for the operation during any hour of any day for a period not to exceed 3 days or less while the emergency continues.  This permit may be renewed for periods of 3 days or less while the emergency continues.
		(2)	In the event of a determination of substantial economic loss to a person, a special permit may be granted for the operation throughout the hours of 7:00 a.m. to 9:30 p.m. on weekdays and throughout the hours of 1:00 p.m. to 5:00 p.m. on Saturdays, Sundays, and state and federal holidays upon the condition that while any construction equipment, internal combustion engine, or power unit is in operation, its location shall not be less than 600 feet in any direction from any dwellings, except that if while any construction equipment, internal combustion, or power unit is in operation, its location shall be no less than 1,200 feet in any direction from any dwelling, a permit may be granted for operation during any hour of any day.
(1997 Code, § 1370.03)  Penalty, see § 10.99
§ 130.48  OUTDOOR IMPLEMENTS.
	(A)	Except as stated, any power lawn mower, snowblower, power hedge clipper, power saw, or other implement, designed primarily for outdoor use, shall be operated only between the hours of 7:30 a.m. to 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays, and state and federal holidays.
	(B)	However, if the equipment conforms to the maximum allowable sound levels as stated, it may be operated during the above prohibited hours.
(1997 Code, § 1370.04)  Penalty, see § 10.99
CURFEWS
§ 130.60  CURFEWS.
	(A)	The following curfews shall be effective within the city.
	(B)	(1)	Under 15 years of age.  Except as hereinafter provided, it shall be unlawful for any person under 15 years of age to be present in a public place; in any private establishment which is open to the public; or on private property other than their usual place of residence, between the hours of 10:00 p.m. and 5:00 a.m. the following day.
		(2)	Fifteen years to less than 18 years.  Except as hereinafter provided, it shall be unlawful for any person who is at least 15 years of age but less than 18 years of age to be present in a public place; in any private establishment which is open to the public; or on private property other than their usual place of residence, between the hours of 12:00 a.m. midnight and 5:00 a.m. the following day.
		(3)	Exceptions.  The curfew shall not apply to any person who is accompanied by their parent, legal guardian, or other adult person in charge of their care and custody; or who is on an emergency, errand, or other lawful activity as directed by their parent, legal guardian, or other adult person in charge of their care or custody; or who is employed in or on the way to or from a legal place of employment.
		(4)	Allowing curfew violations.  It shall be unlawful for any parent, legal guardian, or other person in charge of the care or custody of a person under 18 years of age to allow the person to violate the curfew regulations of the city.
		(5)	Entertainment and amusement businesses.  It shall be unlawful for any person, firm, or corporation in charge of any business establishment to permit a person under 18 years of age to be on or in the place of business in violation of the curfew provisions of the city.
(1997 Code, § 1375.01)  Penalty, see § 10.99