Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 620-S.F.No. 120 
           An act relating to local government; authorizing 
          counties or cities to enact ordinances against 
          trespassing under certain conditions; prescribing 
          penalties; proposing new law coded in Minnesota 
          Statutes, chapter 471. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [471.985] [COUNTY AND CITY ORDINANCES 
PROHIBITING TRESPASSING.] 
    Subdivision 1.  [AUTHORITY.] The county board of any county 
or the city council of any home rule charter or statutory city 
may enact ordinances to prohibit persons from entering uninvited 
onto the land of another to consume alcohol or controlled 
substances.  
    The county board or city council may enact ordinances to 
prohibit a person from bringing a motor vehicle onto the land of 
another without invitation to facilitate the consumption of 
alcohol or controlled substances on that land.  
    Subd. 2.  [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 
residues of a controlled substance;  
    (e) noise level;  
    (f) lighting;  
    (g) identified physiological responses; and 
    (h) conduct of persons in the presence of a peace officer.  
    Subd. 3.  [VIOLATIONS.] A person who violates an ordinance 
enacted pursuant to subdivision 1 is guilty of a misdemeanor.  
    Subd. 4.  [DEFENSES.] Express consent, endorsement, or 
ratification by a landowner of an entry onto land is an absolute 
defense to charges under an ordinance enacted pursuant to 
subdivision 1.  
    A landowner who expressly consents to, endorses, or 
ratifies an entry onto land shall not be presumed to be in 
control of the persons gathered on land, nor is the landowner 
presumed to have knowledge of an unlawful act merely because of 
the express consent, endorsement, or ratification. 
    Approved May 2, 1984