Ch3.§5-1 · City of Nowthen public records

### A. Purpose and Intent: 1\. The purpose of this Section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals from a suspected clandestine drug lab site or associated dumpsite may exist. The City Council finds that such sites may contain suspected chemicals and residues that place people, particularly children or adults of child bearing age, at risk when exposed through inhabiting or visiting the site, now and in the future. 2\. Based upon professional reports, assessments, testing and investigations, the City Council finds that such hazardous chemicals can condense, penetrate, and contaminate on the land, surfaces, furnishings, buildings, and equipment in or near structures or other locations where such sites exist; the City Council finds that these conditions present health and safety risks to residents, occupants and visitors through fire, explosion, skin and respiratory exposure and related dangers. The City Council further finds that such sites present health and safety risks to occupied residences, buildings and structures and to the general housing stock of the community. B. Interpretation and Application: 1\. In their interpretation and application, the provisions of this Section shall be construed to protect the public health, safety and welfare. 2\. Where the conditions imposed by any provision of this Section are either more or less restrictive than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.   3\. Should any court of competent jurisdiction declare any section or subpart of this Section to be invalid, such decision shall not affect the validity of the Section as a whole or any part thereof, other than the provision declared invalid. C. Fees: Fees for the administration of this Section may be established and amended periodically as set forth in Section 1-1-2 of the City Code. D. Definitions: For the purpose of this Section, the following terms or words shall be interpreted as follows: Child: Any person less than 18 years of age. Chemical Dumpsite: Any place or area where chemicals or other waste materials used in a clandestine drug lab have been located. Clandestine Drug Lab: The unlawful manufacture or attempt to manufacture controlled substances. Clandestine Drug Lab Site: Any place or area where law enforcement determines that conditions associated with the operation of an unlawful clandestine drug lab exist. A clandestine drug lab site may include motor vehicle and trailers, dwellings, accessory buildings, accessory structures, commercial structures, multi-family structures, a chemical dumpsite or any land. Controlled Substance: A drug, substance or immediate precursor in Schedules I through V of Minn. Stat. § 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco. Hazardous Wastes: Waste generated, including equipment, from a clandestine drug lab. Such wastes shall be treated, stored, transported or disposed of in a manner consistent with the Minnesota Department of Health, Minnesota Pollution Control, and Anoka County Health Department rules and regulations. Manufacture: In places other than a pharmacy, shall include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs. Owner: Any person, firm or corporation who owns, in whole or in part, the land, buildings or structures associated with a clandestine drug lab site or chemical dumpsite. Public Health Nuisance: All dwellings, accessory structures and buildings or adjacent property associated with a clandestine drug lab site are potentially   unsafe due to health hazards and are considered a public health nuisance pursuant to Minn. Stat. § 463.15, et seq .; § 412 221, et seq .; and 145A.01, et seq. (Ord. #17, adopted May 11, 2004)

Ch.3 § 5-1

Amendment history