ORDINANCE 224,10d

Introduced by Councilor Baker

AN ORDINANCE OF THE CITY OF ALBERT LEA, MINNESOTA
AMENDING CHAPTER 2, ARTICLE IV, SECTIONS 2-132 through 2-139

THE CITY OF ALBERT LEA ORDAINS:

That Chapter 2, Article IV, of the Code of Ordinances, City of Albert Lea, Minnesota, Sections 2-132 through 2-139 is hereby amended to read as follows:

Sec. 2-132. Administrative Services Departments and heads
The Administrative Services of the city shall be divided under the City Manager into the following departments:

Department Official Head
Administrative Department City Manager
Public Safety Department Director of Public Safety
Public Works Department/Engineer Director of Public Works/Engineer
Legal Department City Attorney
Library Department Librarian

 

Sec. 2-133. Administrative Department
a) An Administrative Department is established. The City Manager is the department head for the Administrative Department. Other positions serving in subordinate roles in the Administrative Department include the Assistant City Manager, Finance Director, City Treasurer, City Clerk, Recreation Director, Human Resources Director, and other employees necessary to complete the required functions. The City Manager may combine or divide positions at his/her discretion to provide for greater efficiency of operations.

b) The responsibilities of the Administrative Department shall be to protect the administrative interest of the city at all times, financial planning, budgeting, recordkeeping, accounting and reporting, revenue collection, custody and disbursement of funds, valuation of property, assessments, licensing, purchasing, community development, personnel administration, and the operation of the city recreation programs, the arena, and the aquatics center.

Sec. 2-134. Public Safety Department
The Public Safety Department is established. The head of this department is the Director of Public Safety. The Director of Public Safety is the head of both the Fire Department and the Police Department, under the supervision of the City Manager.

(a) The Director of Public Safety shall direct, control and discipline all members of the Fire Department and be in charge of the Deputy Fire Chief and Fire Captains. The Director of Public Safety is charged with the care of all buildings, equipment, and other property of the department.

(b) The Director of Public Safety shall keep in a convenient form a record of all fires within the city and all calls for services from outside the city limits. Such records shall include the date and time of the alarm, the location of the fire, the cause of the fire if known, the value of the building, the contents, and amount of loss of each and such other data as may be deemed advisable by the City Manager or as required by law.

(c) It is the function of the Fire Department to extinguish fires, to rescue persons in peril of life, to resuscitate and to administer first aid in an emergency when such can be done without jeopardy of the public interest on fire matters. The Director of Public Safety shall have charge of enforcement of fire prevention and may call upon members of the Fire Department to assist through public information, inspections and recordkeeping and analysis. The Fire Department shall have charge of all fire hydrants and the use thereon of the city water system and shall keep the fire hydrants in good operating condition in cooperation with the Utilities Department, subject to the right of the utility to use hydrants for utility purposes.

(d) The Director of Public Safety is department head and commanding officer of the Police Force. The Director of Public Safety is department head and commanding officer of the Police Force. The Director of Public Safety shall direct the police force of the city and be responsible for the enforcement of law and order as well as the direct supervisor of the Deputy Police Chief and Police Lieutenants.

(e) The Director of Public Safety shall, with a view to maximum police service, shall assign the members of the department to their duties; shall see that the duties are performed diligently; and shall keep all service records, including the number and nature of all crimes committed, adequate identification records of all persons arrested, and accounts of all complaints made. The Director of Public Safety shall report all improper conduct on the part of any officer to the City Manager and shall be responsible for all property of the Police Force.

(f) It shall be the duty of the Police Force to enforce the laws of our nation, state, and ordinances of the city. The department shall be subject to call by the City Manager to aid in firefighting.

Sec. 2-135. Legal Department
The Legal Department is established. The head of this department is the City Attorney. The City Attorney shall be the legal advisor to the Council, the City Manager and city departments and officers, as well as responsible for the prosecution of cases arising within city jurisdiction. It shall be the official duty of the City Attorney to act as revisor of ordinances.

Sec. 2-136. Library department
The Library Department is established. The Librarian is head of this department and shall supervise and control the public library. The Librarian shall establish and enforce rules and regulations for the use of the library, shall have charge of all functions pertaining to the city library and shall exercise executive direction over such staff as may be appointed by the city manager.

Sec. 2-137. Public Works Department/Engineer
A Public Works Department is established. The Director of Public Works/Engineer is the head of this department. The Director of Public Works/Engineer shall supervise engineering staff and the Assistant Director of Public Works, and control the functions of the public works and engineering services. The Public Works Department shall be responsible for all matters relating to engineering, construction, repair, maintenance, management and operation of the physical properties of the city, including streets, sidewalks, sewers, drains, waterworks, the airport, parks and the wastewater treatment facility, and such other public utilities and properties as the city may own and operate.

Secs. 2-138—2-170. Reserved

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Howland, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Howland, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr.

And, the following voted against the same: None

Introduced the first time on the 25th day of March, 2019

___/s/_________________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to the 26th day of March, 2019

___/s/______________________________
Secretary of the Council


ORDINANCE 223,9d

Introduced by Councilor

AN ORDINANCE OF THE CITY OF ALBERT LEA, MINNESOTA AMENDING CHAPTER 22, ARTICLE XI, SEC. 22-431, , 22-432, 22-435 to 436, 22-441, 22-444, and 22-446 to 447 TOBACCO LICENSE REQUIREMENTS AND REGULATIONS

THE CITY COUNCIL OF THE CITY OF ALBERT LEA ORDAINS:

That Chapter 22, Article XI, Sec. 22-431, 22-432, 22-435 to 436, 22-441, 22-444, and 22-446 to 447 Code of Ordinances, City of Albert Lea, Minnesota is hereby amended to read as follows.

Sec. 22-431. – Purpose.

Because the city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both state and federal laws; and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the state of Minnesota in regard to preventing young people from starting to smoke as stated in M.S.A. § 144.391.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-432. – Definitions and interpretations.

Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term “shall” means mandatory and the term “may” means permissive. The following terms shall have the definitions given to them:

Compliance checks means the system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this article. Compliance checks shall involve the use of minors as authorized by this article. Compliance checks shall also mean the use of underage persons who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices.

Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged.

Loosies means the common term used to refer to a single or individually packaged cigarette.

“Electronic delivery device” or “Electronic cigarette” means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is marketed and sold for such an approved purpose. Nicotine or lobelia delivery devices means any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

Minor means any natural person who has not yet reached the age of 18 years.

Underage person means any natural person who has not yet reached the age of 21 years.

Moveable place of business refers to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

Retail establishment means any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, restaurants and liquor establishments.

Sale means any transfer of goods for money, trade, barter, or other consideration.

Self-service merchandising means open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines.

Tobacco or tobacco products means cigarettes and any product containing, made, or derived from tobacco, nicotine, or lobelia, that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product including but not limited to cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

Tobacco related devices means any tobacco product as well as a pipe, rolling papers, electronic delivery device, nicotine or lobelia delivery device, or other device intentionally designated or intended to be used in a manner which enables the chewing, sniffing, vaping, or smoking of tobacco or tobacco products.

Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-435. – Basis for denial of license.

The following shall be grounds for denying the issuance or renewal of a license under this article; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section:

(1)  The applicant is under the age of 21 years.
(2)  The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices.
(3)  The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding 12 months of the date of application.
(4)  The applicant fails to provide any information required on the application, or provides false or misleading information.
(5)  The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-436. – Prohibited sales.

It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device:

(1)  To any person under the age of 21 years. Licensees must verify by means of government-issued photographic identification that purchaser is at least 21 years of age.
(2)  By means of any type of vending machine, except as may otherwise be provided in this section.
(3)  By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee’s employee, and the customer.
(4)  By means of loosies as defined in section 22-432.
(5)  Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process.
(6)  By any other means, to any other person, on in any other manner or form prohibited by federal, state, or other local law, ordinance provision, or other regulation.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-441. – Other illegal acts.

(a) Unless otherwise provided, the following acts shall be a violation of this article:
(1)  Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any underage person.
(2) Illegal possession. It shall be a violation of this article for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, electronic cigarettes, electronic delivery device or nicotine or lobelia delivery device. This division (2) shall not apply to minors lawfully involved in a compliance check.
(3) Illegal use. It shall be a violation of this article for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, electronic cigarettes, electronic delivery device or nicotine or lobelia delivery device.
(4) Illegal procurement. It shall be a violation of this chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, electronic cigarettes, electronic delivery device or nicotine or lobelia delivery device, and it shall be a violation of this article for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This division (4) shall not apply to minors lawfully involved in a compliance check.
(5) Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-444. – Exceptions and defenses.

(a) Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony.
(b) It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law.
(c) The penalties in this section do not apply to a person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco-related devices, or electronic delivery devices while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.

(Ord. No. 41, 3d, § 2, 5-8-00)

Sec. 22-446. – Purpose and Definitions.

The purpose of sections 22-446 to 22- 465 is to protect employees and the general public from the hazards of secondhand smoke by eliminating smoking in public places, places of employment, public transportation, and at public meetings as stated in Minn. Stat. 144.412. For the purpose of this article, the following words and phrases shall have the meaning hereinafter ascribed to them:

Prohibited substances shall mean any tobacco, tobacco products, tobacco-related devices, or electronic delivery devices or any other substance labeled as not safe for or intended for human consumption.

Indoor area means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge window screen with an 18 by 16 mesh count is not a wall. Public place means any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; retail stores and other commercial establishments; educational facilities or public schools; hospitals; nursing homes; auditoriums; arenas; meeting rooms; common areas of rental apartment buildings; City parks; and any place owned by the City of Albert Lea, including but not limited to:

• City Arena, located at 701 Lake Chapeau Drive, Albert Lea, Minnesota,
• City Hall, located at 221 East Clark Street, Albert Lea, Minnesota, or any

City parks shall mean any open or enclosed land or improvements or facility wherever located which is owned, leased, or operated by the City of Albert Lea and which is reserved, designated, or used as a playground, picnic area, garden area, beach or other recreational or open space area.

Smoking means inhaling or exhaling smoke from any lighted cigar, cigarette, pipe, electronic cigarette, electronic delivery device, nicotine or lobelia delivery device, or any other lighted tobacco or plant product. Smoking also includes carrying a lighted cigar, cigarette, pipe, electronic delivery device, or any other lighted tobacco or plant product intended for inhalation.

(Ord. No. 156, 4d, § 1, 12-10-12; Ord. No. 178, 4d, § 1, 2-24-14; Ord. No. 191, 5d, § 1, 5-11-15)

Sec. 22-447. – Ingesting a prohibited substance—Prohibited in certain places.

(a)  No person shall ingest by smoking or chewing any prohibited substance at any public place or public vehicles.
(b) Smoking is prohibited within twenty-five (25) feet of entrances, exits, open windows and ventilation intakes of public places.
(b)  Any person violating this section is guilty of misdemeanor.
(c)  Signage to enforce the provisions of this section shall be approved by the City of Albert Lea.

(Ord. No. 156, 4d, § 1, 12-10-12; Ord. No. 178, 4d, § 1, 2-24-14; Ord. No. 191, 5d, § 1, 5-11-15)

That the motion for the adoption of the foregoing ordinance was duly seconded by Councilor Rasmussen, and upon a vote being taken thereon, the following voted in favor thereof: Councilors Murray, Baker, Olson, Rasmussen, Brooks and Mayor Rasmussen, Jr. Councilor Howland was absent.

And, the following voted against the same: None

Introduced the first time on the 11th day of February, 2019

___/s/_______________________________
Mayor Vern Rasmussen, Jr.

Filed and attested to on the 12th day of February, 2019

__/s/________________________
Council Secretary Pro Tem