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<br />S 50-31 <br /> <br />ELK RIVER CODE <br /> <br />conspicuously posted at all public en- <br />tra ces to the property or have been pro- <br />vid to the person in writing by the <br />pro rty manager or tenant. <br /> <br /> <br />(1) No pe on shall trespass in or upon any <br />private property and, without claim of <br />right, r use to depart therefrom on de- <br />mand of he property manager or tenant. <br /> <br />(2) No perso who has been served with a <br />trespass n tice in conformity with this <br />section sha enter the premises described <br />therein duri g its effective period without <br />the written rmission of the party issu- <br />ing the notic or the authorized agent <br />thereof as sp ifically named in the no- <br />tice. <br /> <br />(3) No person shall nter any area of private <br />property in vio tion of conspicuously <br />posted signs proh iting or restricting ac- <br />cess thereto, inclu ing but not limited to <br />the following signs: 'No Trespassing,""Au- <br />thorized Personnel nly," "Private," "Em- <br />ployees Only," and" ergency Exit Only." <br /> <br />(e) Service and effect of tre <br /> <br />(1) Where a trespass not e is issued by a <br />tenant who is not the operty manager, <br />the notice is effective nly as to that <br />portion of the premises ver which the <br />tenant is entitled to exer se control. <br /> <br />(2) No trespass notice shall effective for <br />more than one year from t e date of its <br />original issuance. <br /> <br />(3) All trespass notices issued <br />this section must be properly rved upon <br />the person named therein as fi lows: <br /> <br />a. The notice shall be serve by per- <br />sonal service documented b either a <br />receipt signed by the person whom <br />it was issued or an affidavi of the <br />Issuer. <br /> <br />b. Where the person named in th tres- <br />pass notice is arrested by a lice <br />officer for an act prohibited by sate <br />statute or city ordinance, the arrest- <br />ing officer may personally serve the <br /> <br /> <br /> <br /> <br />alf ofthe property man- <br />ager or ten t and so document that <br />fact in the 0 errs official police re- <br />port detailing t incident. <br />(Code 1982, ~ 403) <br />State law reference-Trespass, M n. Stats. S 609.605. <br /> <br />Sees. 50-32-50-60. Reserved. <br /> <br />ARTICLE III. OFFENSES INVOLVING <br />PUBLIC ORDER <br /> <br />Sec. 50-61. Curfew for minors. <br /> <br />(a) Definitions. For purposes of this section, <br />the following definitions shall apply: <br /> <br />Minor means any individual who is under the <br />age of 18 and has not been declared by a court of <br />competent jurisdiction as being emancipated. <br /> <br />Parent means any individual who is over the <br />age of 18 and is the birth or adoptive parent of the <br />minor, or who has the legal custody of a minor as <br />established by order of a court of competent <br />jurisdiction. This definition excludes individuals <br />who are providing foster care as defined in Minn. <br />Stats. ~ 260.015, subd. 7. <br /> <br />(b) Curfew regulations. <br /> <br />(1) Curfew established; hours. It shall be un- <br />lawful for any minor who is unaccompa- <br />nied by a parent, or an adult who have the <br />permission of the parent to be with the <br />minor, to be present upon any public street, <br />avenue, alley, park, playground or place <br />open to the public, place of amusement <br />and entertainment, vacant lot, or other <br />unsupervised place in the city during the <br />following hours: <br /> <br />a. If the minor is under the age of 16, <br />between the hours of 10:00 p.m. of <br />any day and 5:00 a.m. of the follow- <br />ing day; <br />b. If the minor is under the age of 18, <br />but over the age of 15, between the <br />hours of 12:00 a.m. of any day and <br />5:00 a.m. of the following day. <br /> <br />(2) Exceptions. It shall be an affirmative de- <br />fense to a prosecution under this section <br /> <br />CD50:4 <br />