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OLMSTED COUNTY, MN

Resolution No. 84-105 - PDF version (24.0 KB - 2 pages)

WHEREAS, notice of intent to enact ordinance prohibiting trespassing was duly published, and

WHEREAS, an official public hearing was held on December 18, 1984, in the County commissioners Meeting Room, Olmsted County Courthouse, Rochester, Minnesota.

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED, pursuant to Minnesota Statutes, Section 471.985, that the Olmsted County Board of Commissioners ordains as follows:

An Ordinance Prohibiting Trespassing

Section 1. DEFINITIONS. For purposes of this ordinance, the following terms shall have the meaning given herein:

1.1 Landowner. Includes any person who shall hold title to or have legal control over land.

1.2 Person. Includes any individual, group, firm, partnership, association, corporation, governmental unit, company, or organization of any kind.

Section 2. TRESPASSING.

2.1 Uninvited Persons. No person shall enter uninvited onto another person?s land for the purpose of consuming alcohol or controlled substances.

2.2 Uninvited Persons with Motor Vehicles. No Persons shall bring a motor vehicle without invitation onto another person?s land to facilitate consumption of alcohol or controlled substances.

Section 3. DETERMINATION OF PURPOSE. To determine the purpose of an uninvited entry of a person or motor vehicle, the factors to be considered include, but are not limited to, the following:

1. Time of day;
2. Presence of containers intended to contain or containing alcohol;
3. Presence of equipment used to dispense alcoholic beverages;
4. Presence of paraphernalia containing identifiable residues of a controlled substance;
5. Noise level;
6. Lighting;
7. Identified physiological responses;
8. Conduct of persons in the presence of a peace officer.

Section 4. EXCEPTION. Any person who enters onto land under the express consent, endorsement or ratification of the landowner does not violate this ordinance.

Section 5. PENALTY. Any person who violates this ordinance is guilty of a misdemeanor.

Section 6. EFFECTIVE DATE. This ordinance shall be in full force and effect upon adoption and publication pursuant to law.

Dated this 18th day of December, 1984 at Rochester Minnesota.