SECTION 1 AUTHORITY

This Ordinance is adopted pursuant to Minn. Stat. §471.985 (1984) and §375.51 (1986).

SECTION 2 JURISDICTION

This Ordinance shall be in full force and effect within Stevens County, Minnesota, excluding incorporated city limits.

SECTION 3 DEFINITIONS

For the purpose of this Ordinance, the following terms are defined:

(a) Alcohol. "Alcohol" means non-intoxicating malt liquor as defined by Minn. Stat. §340A.101, Subd. 19 (1987), intoxicating liquor as defined by Minn. Stat. §340A.101, Subd. 14 (1987), and wine as defined by Minn. Stat. §340A.101, Subd. 29 (1987).

(b) Controlled Substances. "Controlled Substances" has the meaning as defined in Minn. Stat. §152.01, Subd. 4 (1987).

(c) Landowner. "Landowner" includes the possessor of a fee interest or a life estate, a tenant, lessee, or person in legal control of the land.

(d) Motor Vehicle. "Motor Vehicle" has the meaning as defined in Minn. Stat. §169.01, Subd. 3 (1986).

(e) Person. "Person" includes any individual, group, firm, partnership, association, corporation, governmental unit, company or organization of any kind.

SECTION 4 TRESPASSING

 It shall be unlawful:

(a) For any person or persons to enter onto the land of another, without invitation from the landowner, to consume alcohol or controlled substances;

(b) For any person or persons to bring a motor vehicle onto the land of another, without invitation from the landowner, to facilitate the consumption of alcohol or controlled substances on that land.

SECTION 5 DETERMINATION OF PURPOSE

To determine the purpose of an uninvited entry of a person or motor vehicle, factors to be considered shall include, but are not limited to the following:

(a) time of day;
(b) presence of containers intended to contain or containing alcohol;
(c) presence of equipment used to dispense alcoholic beverages;
(d) presence of paraphernalia containing identifiable resides of a controlled substance;
(e) noise level;
(f) lighting;
(g) identified physiological responses; and
(h) conduct of person in the presence of a peace officer.

SECTION 6 PENALTY

Violation of Section 4(1) or Section 4(2) of this Ordinance shall be a penal offense and any person who violates Section 4(1) or Section 4(2) of this Ordinance is guilty of a misdemeanor and upon conviction may be sentenced to not more than 90 days in jail or a fine of not more than $700.00, or both.

SECTION 7 DEFENSES

Express consent, endorsement, or ratification by a landowner of any entry onto the land is an absolute defense to charges brought under Section 4(1) or Section 4(2) of this Ordinance.

SECTION 8 EFFECTIVE DATE

This Ordinance shall be effective upon its passage and publication as provided by law.

Dated at Morris, Minnesota, this 6th day of March, 1989.

ATTEST: Dick Bluth

Stevens County Auditor

Signed: Herb Kloos, Chairperson

Stevens County Board of Commissioners