SF 1146

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; clarifying the county
agricultural society exemption from local zoning
ordinances; amending Minnesota Statutes 2004, sections
38.01; 38.16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 38.01, is
amended to read:

38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.

new text begin (a) new text end An agricultural society or association may be
incorporated by citizens of any county, or two or more counties
jointly, but only one agricultural society shall be organized in
any county. An agricultural society may sue and be sued in its
corporate name; may adopt bylaws, rules, and regulations, alter
and amend the same; may purchase and hold, lease and control any
real or personal property deemed to promote the objects of the
society, and may rent, lease, sell, and convey the same. Any
income from the rental or lease of deleted text begin such deleted text end new text begin the new text end property may be used
for any or all of the following purposes: (1) Acquisition of
additional real property; (2) Construction of additional
buildings; or (3) Maintenance and care of the society's
property. This section shall not be construed to preclude the
continuance of any agricultural society now existing or the
granting of aid deleted text begin thereto deleted text end new text begin to the society new text end .

new text begin (b) new text end An agricultural society shall have jurisdiction and
control of the grounds upon which its fairs are held and of the
streets and deleted text begin grounds deleted text end adjacent deleted text begin thereto deleted text end new text begin grounds new text end during deleted text begin such deleted text end new text begin the
new text end fair, so far as may be necessary for deleted text begin such purpose deleted text end new text begin fair purposes,
and are exempt from local zoning ordinances throughout the year
as provided in section 38.16 new text end . At or before the time of holding
any fair, the agricultural society may appoint, in writing, as
many persons to act as special constables as necessary, for and
during the time of holding the same and for a reasonable time
prior and subsequent deleted text begin thereto deleted text end new text begin to the fair new text end . These constables,
before entering upon their duties, shall take and subscribe the
usual oath of office, endorsed upon their appointment, and have
and exercise upon the grounds of the society, and within
one-half mile deleted text begin thereof deleted text end new text begin of the grounds new text end , deleted text begin all the power and
authority of constables at common law deleted text end new text begin full powers of arrest new text end and deleted text begin ,
in addition thereto, deleted text end may, within these limits, without warrant,
arrest any person found violating any laws of the state, or any
rule, regulation, or bylaw of the society, and summarily remove
the persons and property of deleted text begin such deleted text end new text begin the new text end offenders from the grounds
and take them before any court of competent jurisdiction to be
dealt with according to law. Each deleted text begin such deleted text end new text begin appointed new text end peace officer
shall wear an appropriate badge of office while acting as deleted text begin such
deleted text end new text begin one new text end .

new text begin (c) new text end As an alternative to the appointment of special
constables, the society may contract with the sheriff deleted text begin or deleted text end new text begin , new text end local
municipality new text begin , or security guard as defined in section 626.88 new text end to
provide the society with the same police service it may secure
by appointing special constables. A person providing police
service pursuant to deleted text begin such deleted text end a contract is not, by reason of the
contract, classified as an employee of the agricultural society
for any purpose other than the discharge of powers and duties
under the contract.

new text begin (d) new text end Any person who shall willfully violate any rule or
regulation made by deleted text begin such deleted text end new text begin agricultural new text end societies during the days
of a fair shall be guilty of a misdemeanor.

The provisions of this section supersede all special laws
on the same subject.

Sec. 2.

Minnesota Statutes 2004, section 38.16, is amended
to read:

38.16 EXEMPTION FROM ZONING ORDINANCES.

When lands lying within the corporate limits of towns or
cities are owned by a county or agricultural society and used
for agricultural fair purposes, the lands and the buildings now
or hereafter erected are exempt from the zoning, building, and
other ordinances of the town or city; provided, that no license
or permit need be obtained from, nor fee paid to, the town or
city in connection with the use of the lands. new text begin For the purposes
of this section, "agricultural fair purposes" includes the
management of property as provided in section 38.01, paragraph
(a).
new text end