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PRINTER'S AFFIDAVIT OF PUBLICATION
<br /> CITY OF HUGO
<br /> ORDINANCE NO. 95-302 AFFIDAVIT OF PUBLICATION
<br /> AN ORDINANCE ESTABLISHING CHAPTER
<br /> 72 OF THE HUGO CITY CODE TO BE
<br /> KNOWN AS THE"CURFEW ORDINANCE," STATE OF MINNESOTA ) §
<br /> AND SETTING UP A NIGHTTIME CURFEW
<br /> FOR JUVENILES.THIS ORDINANCE IS County of Ramsey )
<br /> ADOPTED PURSUANT TO MINN.STAT.
<br /> 145A.05,SUBD.9 AND MINN.STAT.412.221,
<br /> SUBD.32. I, the publisher, or the publisher's designated agent, being duly sworn,
<br /> Sec 72.10 Findings and Purpose
<br /> (A)In recent years,there has been a signifi- on oath state that I am the publisher, or the publisher's designated
<br /> cant increase in juvenile victimization and
<br /> crime. At the same time,the crimes committed agent and an employee of the newspaper known as The White Bear
<br /> by and against juveniles have become more
<br /> violent. A significant percentage of juvenile Press, and that I have full knowledge of the facts which are stated
<br /> crime occurs during curfew hours.
<br /> (B) Because of their lack of maturity and below:
<br /> experience, juveniles are particularly suscepti-
<br /> ble to becoming victims of older perpetrators. (A)The newspaper has complied with all of the requirements constitut-
<br /> The younger a person i:,. the more likely he or
<br /> she is to be victim of crime. ,,.,�1:i:,,.af;r,,, ac a r,,,at;fied newspaper, as provided by Minnesota
<br /> (C)While parents have the primary respon- to be present in any public place or establish-
<br /> sibility to provide for the safety and welfare of ment within the City of Hugo: d other applicable laws, as amended.
<br /> juveniles,the City of Hugo also has a substan- (1) any time between 11:00 pm on any
<br /> tial interest in the safety and welfare of juve- Sunday, Monday, Tuesday, Wednesday, or 3LIC NOTICE
<br /> niles. Moreover,the City of Hugo has an inter- Thursday and 5:00 a.m.of the following day.
<br /> est in preventing juvenile crime, promoting (2) any time between 12:01 am and 5:00
<br /> parental supervision,and providing for the well am on any Saturday or Sunday.
<br /> being of the general public. (C)It is unlawful for a parent or guardian of Tom the columns of said newspaper, and
<br /> (D) A curfew will reduce juvenile victimize- a juvenile knowingly, or through negligent
<br /> tion and crime and will advance public safety, supervision,to permit the juvenile to be in any Ice each week, for ONE successive weeks;
<br /> health,and general welfare. public place or establishment within the City of
<br /> (E) It is the intent of the City Council that Hugo during the hours prohibited in paragraphs WEDNESDAY , the 2 day of
<br /> this Ordinance will serve to work with and com- (A)and(B)of this section.
<br /> pliment other similar curfew ordinances being Sec.72.40 Defenses d was thereafter printed and published on
<br /> considered and adopted by other governmental (A)It is an affirmative defense for a juvenile
<br /> units in the metropolitan area. to prove that: _to and including '
<br /> Sec.72.20 Definitions. (1)the juvenile was accompanied by his or
<br /> (A) "Juvenile" means a person under the her parent,guardian,or other responsible adult. 19 ; and printed below is a
<br /> age of seventeen (17). The term does not (2) the juvenile was engaged in a lawful
<br /> include persons under 17 who are married or employment activity or was going to or returning Ibet from A to Z, both inclusive, which is
<br /> have been legally emancipated. home from his or her place of employment.
<br /> (B) "Parent"means birth parents, adoptive (3) the juvenile was involved in an emer- ng the size and kind of type used in the
<br /> parents,and step-parents. gency situation.
<br /> (C) "Guardian" means an adult appointed (4)the juvenile was going to, attending, or 3f the notice:
<br /> pursuant to Minn. Stat. 525.6155 or 525.6165 returning home from an official school,religious,
<br /> who has the powers and responsibilities of a or other recreational activity sponsored and/or
<br /> parent as defined by Minn.Stat.525.619. supervised by a public entity or a civic organiza-
<br /> (D) "Responsible Adult" means a person tion. C
<br /> over the age of eighteen(18)specifically autho- (5) the juvenile was on an errand at the ()
<br /> cfdY1,01nN
<br /> rized by law or by a parent or guardian to have direction of a parent or guardian.
<br /> custody and control of a juvenile. (6) the juvenile was exercising First
<br /> (E) "Public Place" means any place to Amendment rights protected by the United Publisher
<br /> which the public or a substantial group of the tates Constitution or Article I of the
<br /> public has access and includes,but is not limit- onstitution of the State of Minnesota.
<br /> ed to streets,highways,and the common areas (7) the juvenile was engaged in interstate we me on
<br /> of schools, hospitals, apartment houses, office travel
<br /> buildings,transport facilities,and shops. (8) the juvenile was on the public right-of- ,19 95 ,
<br /> (F) "Emergency" means a circumstance or way boulevard or sidewalk abutting the property µ,•, —all,„e_..w----0.,/M--"..'— —4.-----
<br /> combination of circumstances requiring immedi- containing the juvenile's residence or abutting MAVIS PETERSON
<br /> ate actions to prevent property damage,serious the neighboring property, structure, or resi- +i�✓ NOTARY PUBLIC MINNESOTA
<br /> bodily injury or loss of life. Bence. `, -
<br /> (G) "Serious bodily injury" means bodily Sec.72.50 Penalty
<br /> injury that creates a substantial risk of death or (A)Violation of Section 3 (A) or(B)will be My Commission Expires Jan.31,2000
<br /> that causes death,serious permanent disfigure- prosecuted pursuant to Minn.Stat.260.195 and N. .. ' ". . ` , ''atnsey-€.. ., .. .
<br /> ment, or protracted loss or impairment of the will be subject to the penalties therein.
<br /> function of any body part or organ. (B)Violation of Section 3(C)or(D)is a mis eX ireS TA1�iUARY , 2 090 .
<br /> (H) "Establishment" means any privately- demeanor and will be subject to the penalty set p
<br /> owned place of business to which the public is fourth in Minn.Stat.609.09(3).
<br /> invited, including, but not limited to, any place Sec.72.60 Constitutionality
<br /> of amusement,entertainment,or refreshment. If any portion of this Ordinance is for any E INFORMATION
<br /> (I) "Proprietor"means any individual, firm reason held invalid or unconstitutional, such
<br /> association, partnership, or corporation operat- portion shall be deemed a separate, distinct,
<br /> ing, managing, or conducting any establish- and independent provision and such holding d by
<br /> ment. The term includes the members or part- shall not affect the validity of the remaining por- parable $ 3.10
<br /> ners of an association or partnership and the tions thereof.
<br /> officers of a corporation. Sec.72.70 Effective Date. (Line, word, or inch rate)
<br /> Sec.72.30 Prohibited Acts This Ordinance shall be in full force and
<br /> (A) It is unlawful for a juvenile under the effect from and after its passage and publica-
<br /> age
<br /> 3.1
<br /> of 15 to be present in any public place or tion,according to law. 'law for
<br /> 0
<br /> establishment within the City of Hugo: Whereupon, said Ordinance was declared (Line, word, or inch rate)
<br /> (1) any time between 10:00 p.m. on any passed and adopted this 17 day of July 1995.
<br /> Sunday, Monday, Tuesday, Wednesday, or Fran Miron,Mayor
<br /> Thursday and 5:00 a.m.of the following day. Attest: the S
<br /> (2) any time between 11:00 pm on any Mary Ann Creager,City Clerk
<br /> Friday or Saturday and 5:00 am on the follow- Published in the White Bear Press August (Line, word, or inch rate)
<br /> ing day. 2,1995.
<br /> (B)It is unlawful for a juvenile,age 15 or 16
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