HomeMy WebLinkAbout1662-85 - ADMIN Ordinance - City Council - 1985/10/07OCTOBER 7, 1985
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ORDINANCE NO. 1662-85
AN ORDINANCE RELATED TO PROHIBITED DRUGS AND PARAPHERNALIA:
AMENDING THE ST. LOUIS PARK MUNICIPAL CODE BY REPEAL OF
SECTIONS 12-801, 12-802, 12-803(1)(a)(i-vi), 12-803(2),
12-803(3), 12-825 AND 12-850 AND AMENDING SECTIONS
12-803(1)(c), 12-803(1)(e), 12 -803(1)(g -j), AND 12-804;
ADDITION OF NEW SECTIONS 12-801 to 811, AND RENUMBERING
SECTIONS 12 -803(1)(b -j) 12-803(4) AND 12-804.
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Section 12-801 of the St. Louis Park Municipal Code
is repealed., A new Section 12-801 is added to read
as follows:
Section 12-801. Sale and/or Possession of Narcotic
Drugs. It is unlawful for any person to have in
his or her possession, use, have under his or her
control for use, sell, give away, barter, exchange,
and/or distribute any 'Narcotic Drug' as defined in
Section 152.01, Subdivision 10 of Minnesota
Statutes, as amended through 1984, or as thereafter
amdended, except on a written or oral prescription
by a practitioner lawfully authorized to practice
his or her profession.
Section 2. Section 12-802 is repealed. A new Section 12-802 is
added to read as follows:
Section 12-802. Sale and/or Possession of
Controlled Substances. It is unlawful for any
person to have in his or her possession, use, have
under his or her control for use, sell, give away,
barter, exchange and/or distribute any 'Controlled
Substance,' as defined in Section 152.01,
Subdivision 4 of Minnesota Statutes, or as
thereafter amended, except on a written or oral
prescription by a practitioner lawfully authorized
to practice his or her profession.
Section 3. Section 12-803 is renumbered as Section 12-807. A
new Section 12-803 is added to read as follows:
Section 12-803. Sale and/or Possession of
Marijuana. It is unlawful for any person to have
in his or her possession, use, or have under his or
her control for use, or to sell, give away, barter,
exchange and/or distribute any 'Marijuana' as
defined in Section 152.01, Subdivision 9 of
Minnesota Statutes, or as thereafter amended,
except on a written or oral prescription by a
practitioner lawfully authorized to practice his or
her profession.
Section 4. Section 12-804 is renumbered as Section 12-808. A
new Section 12-804 is added to read as follows:
Section 12-804. Sale and/or Possession of
Drug Paraphernalia. It is unlawful for any
person to have in his or her possession, use,
have under his or her control for use, sell,
give away, barter, exchange and/or distribute
any "Drup Paraphernalia," as defined in
Section 152.01, Subdivision 18 of Minnesota
Statutes, or as thereafter amended, except on
a written or oral prescription by a
practitioner lawfully authorized to practice
his or her profession.
Section 5. Section 12-805 is repealed. A new Section 12-805 is
added to read as follows:
Section 12-805. Inhaling, Breathing, Drinking of
Certain Substances. It is unlawful for any purpose
to inhale, breathe or drink or be or become
intoxicated by reason of inhaling, breathing or
drinking any substance commonly known as glue,
adhesive, cement, mucilage, dope, solvents,
lacquer, drugs, fingernail polish and lacquer, nail
polish remover or thinners or any of these
substances, nor any substance containing tuluol,
hexane, trichloroethylene, acetone, toluene, ethyl
acetate, methyl ethyl ketone, trichoroathane,
isopropanol, methyl isobutyl ketone, methyl
callosolve acetate, cyclo-hexanone, ketones,
aldehydes, organic acetates, ether or chlorinated
hydrocarbons; or any other similar ingredient which
releases toxic vapors for the purpose of inducing
symptoms of intoxication, elation, excitement,
confusion, dizziness, paralysis or irrational
behavior or in any manner changes, distorts or
disturbs balance and coordination or the auditory,
visual or mental processes.
Section 6. A new Section 12-806 is added to read as follows:
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Section 12-806. Exceptions. Sections 12-801
through 12-804 shall not apply to the following in
the ordinary course of their trade, their business
or profession.
(a) Practitioners.
(b) Pharmacists.
(c) Manufacturers.
(d) Pharmacists as manufacturers.
(e) Wholesalers.
(f) Warehousemen.
(g) Persons engaged in transporting such
prohibited drugs or paraphernalia as agent or
employee of a practitioner, pharmacist,
manufacturer, warehouseman, wholesaler, common
carrier.
(h) Public officers or public employees in the
performance of official duties requiring
possession or control of such prohibited drugs
or paraphernalia, or persons aiding such
officers or employees in the performance of
such duties.
(i) Any patient as herein defined with respect to
procuring, possession and use of a prohibited
drug or paraphernalia in accordance with the
terms of a prescription and prescribed
treatment.
(j) Persons who procure, possess or use such drugs
or paraphernalia for the purpose of lawful
research, teaching or testing, and not for
sale.
(k) Lawfully licensed and registered hospitals or
bona"fide institutions wherein sick or injured
persons are cared for and treated, or by bona
fide hospitals for the treatment of animals.
(1) Persons engaged in retail sales of substances
as defined -in Section 12-804 which may
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lawfully be dispensed in the general course of
business.
Section 7. Section 12-803(1)(a)(i-vi) and 12-803(2) are
repealed. Section 12 -803(1)(b -j) are renumbered as
Section 12 -807(a -i) and are amended to read as
follows:
Section 12-807. Definitions.
(a) Deliver. The term "deliver" means sale, offer
for sale, barter, exchange, administering,
dispensing, giving away, distributing, or
supplying in any other manner. The term
deliver as herein defined shall include the
attempt to do such acts as well as the actual
completed commission thereof.
(b) Patient. The term "patient" means, as the
case may be (1) the individual for whom a
prohibited drug is prescribed, to whom a
prohibited drug is administered, or for whom
equipment, products, and materials of any kind
for injecting, ingesting, inhaling, or
otherwise introducing into the human body a
controlled substance, is prescribed, or (2)
the owner or the agent of the owner of any
animal for which a prohibited drug is
prescribed, to which a prohibited drug is
administered, or for whom drug paraphernalia,
as described above, is prescribed.
(c) Person. The term "person" includes
individual, corporation, partnership, and
association.
(d) Practitioner. The term "practitioner" means a
person licensed by law to prescribe and
administer any of the prohibited drugs as
defined above, or who may prescribe drug
paraphernalia as defined above.
(e) Pharmacist. The term "pharmacist" means a
person duly licensed and registered with the
Minnesota State Board of Pharmacy as a
registered pharmacist.
(f) Prescription. The term "prescription" means a
written or oral order by a practitioner to a
pharmacist for a prohibitive drug or stimulant
or drug paraphernalia for a particular
patient, which specifies the date of its
issue, the name and address of such
practitioner, and name and address of the
patient (and, if such barbiturate or stimulant
is prescribed for an animal, the species of
such animal), the name and quantity of the
prohibited drug prescribed, the directions for
use of such drug, or the use of drug
paraphernalia, and in the case of a written
order the signature of such practitioner. An
oral order by a practitioner for a prohibitive
drug or drug paraphernalia must be promptly
reduced to writing by the pharmacist.
(g) Manufacturer. The term "manufacturer" means
persons other than pharmacists who prepare
drugs in dosage forms by mixing, compounding,
encapsulating, entableting, or other process,
or who manufactures paraphernalia for the
injection, ingestion, inhaling, or other
method of introduction into the human body a
controlled substance.
(h) Wholesaler. The term "wholesaler" means
persons engaged in the business of
distributing prohibited drugs or drug
paraphernalia to persons included in any
of the classes named in Section 12-808.
(i) Warehouseman. The term "warehouseman" means
persons who store prohibited drugs or drug
paraphernalia, or others who have no control
over the disposition of such prohibited drugs,
or stimulants, or drug paraphernalia, except
for the purpose of such storage.
Section 8. Sections 12-803(2) and 12-803(3) are deleted.
Section 9. Section 12-803(4) is renumbered as Section 12-808 and
is amended to read as follows:
Section 12-808. Unlawful Procuring_,
Purchase, Delivery or Possession. No person shall,
nor attempt to, possess or have in his control or
possession to purchase, or deliver a prohibited
drug or drug paraphernalia:
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(a) by fraud, deceit, misrepresentation or
subterfuge, or
(b) by the forgery or alteration of a
prescription, or
(c) by the concealment of a material fact, or
(d) by the use of a false name or the giving of a
false address, or
(e) by making a false statement in any
prescription, order, report, or record
relative to a prohibited drug or drug
paraphernalia, or
(f) by falsely assuming the title of, or falsely
representing any person to be, a manufacturer,
wholesaler, warehouseman, pharmacist,
practitioner.
(g) by making, issuing or uttering any false or
forged prescription.
Section 10. A new section 12-809 is added to read as follows:
Section 12-809. Confiscation and Disposition of
Prohibited Drugs and Drug Paraphernalia. Any
prohibited drugs or drug paraphernalia found in the
possession of any person in violation of this
ordinance shall be confiscated and shall be
forfeited to the Chief of Police who shall make
proper and timely disposition thereof by destroying
them.
Section 11. A new section 12-810 is added to read as follows:
Section 12-810. Use of Original Containers and
Labels Required. All patients having possession of
any prohibited drugs, by lawful prescription of
practitioner while such prohibited drugs are
lawfully in such person's possession, shall keep
such prohibited drugs in the original container in
which they were delivered until used in accordance
with such prescription, and shall not remove the
pharmacist's original label identifying the
prescription from such original container.
EVIE
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Section 12. A new Section 12-811 is added to read as follows:
Section 12-811. Penalty._ Except as otherwise
provided by Minnesota Statutes, or as thereafter
amended, any person who shall vio-late any provision
of Sections 12-801 through 12-810, or who shall
fail to comply with any requirement thereof, shall
be guilty of a misdemeanor as defined in Section
2-203 of this Code.
Section 13. Effective Date. This ordinance shall take effect 15
days after its publication.
Adopted by the City Council October 7, 1985
M afor
Attest:
h�"a4 /I
Ci'fy Clerk
/ "'I
Reviewed for Administration:
-
C ty ManaCVger 2" AAA-Aely-'
6912f
Approved as to Form and Legality:
City Attorney
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Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
4 SS
COUNTY OF HENNEPIN)
Donald K. Mortenson
being duly sworn on an oath says that he/she
Is the publisher or authorized agent and employee of the publisher of the newspaper known as
St. Louis Park Sailor
are stated below
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended
(B) The printed Ordinance No. 1662-85
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for one successive weeks, it was first published on Monday the 14 day
of October—, 119_B_and was thereafter printed and published on every to
and Including , the day of , 19; and printed below Is
a copy of the lower case alphabet from A to Z, both Inclusive, which Is hereby acknowledged as being the size
and kind of type used In the composition and publication of the notice
abcdefghijklmnopgrstuvwx%z
BY
TITLE Operations Manager
Subscribed and sworn to before me on this
day of OCt 19-B-5
MERIDEL M. HEDBLOM
!�,.M
NOTARY PUBLIC - MINNESOTA] HENNEPIN COUNTY
My ;ommission expires July 2, 1986
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law for the above matter
(3) Rate actually charged for the above matter
$ 2 60 per line
(Line, word, or Inch rate)
$ 33 21t per line
(Line, word, or Inch rate)
$ 24 86 per line/8 2¢ x -comp
(Line, word, or Inch rate)
(Official Publication)
ORDINANCE NO 1082-85
AN ORDINANCE RELATED TO
PROHIBITED DRUGS AND
PARAPHERNALIA- AMENDING
THE ST LOUIS PARK MUNICIPAL
CODE BY REPEAL OF SECTIONS
12-801,12-802,1E-803(i)(a)(1-vl),
12-803(2), 12-803(3), 12-825 AND
12-850 AND AMENDING SECTIONS
12-803(1)(c), 12-803(1)(e),
12-803(1)(9-J), AND 12-804,
ADDITION OF NEW SECTIONS
12-801 to 811, AND RENUMBERING
SECTIONS -12-803(1)(b-1) 12-803(4)
SAND 12-804
Summary This ordinance amends
the City's existing "prohibited
drugs" ordinance to reflect current
statutory definitions and language to
insure proper charging in drug-re-
lated cases
Effective Date This ordinance
shall take effect 15 days after publi-
cation
Adopted by the City Council Octo-
ber 7. 1985
/s/ LYLE W HANKS
Mayor
(The full text of this ordinance is
available for inspection with the City
Clerk )
(Oct 14 1985) -CLP