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AFFIDAVIT OF PUBLECKHON
<br />STATE OF MINNESOTA } ss
<br />COUNTY OF SHERBURNL
<br />Charlene Vold being duty sworn on an oath,
<br />states or affirms that he/she is the Publisher's
<br />Designated Agent of the newspaper(s) known
<br />as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of-
<br />WRIGHT
<br />FWRIGHT
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 10/24/2015 and the last
<br />insertion being on 10/24/2015.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located in a county
<br />adjoining the county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substantial portion of the newspaper's
<br />circulation is in the latter county.
<br />By:Y t.
<br />—S
<br />Designated Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 10/24/2015 by Charlene Vold.
<br />�O�L
<br />Notary Public
<br />'4v'vv vvr rrV YVWv'��
<br />DARLENE MARIE MACPHERSON,
<br />.' )votary Public -Minnesota
<br />y� My Commission Expires Jan 31, 2019
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$23.00 per column inch
<br />Ad ID 465040
<br />CITY OF ELK RIVER
<br />ORDINANCE 15 - 32
<br />AN ORDINANCE AMENDING
<br />CHAPTER 26, REGULATING THE
<br />USE OF ELECTRONIC DELIVERY
<br />DEVICES WHERE SMOKING
<br />IS PROHIBITED BY THE
<br />MINNESOTA CLEAN INDOOR
<br />AIR ACT OF THE CITY OF ELK
<br />RIVER, MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 26-31, Defi-
<br />nitions of the City of Elk River Code
<br />of Ordinances shall be amended to
<br />add the following:
<br />U5 -e. The inhaling or exhaling
<br />of aerosol or vapor from any elec-
<br />tronic delivery device Use shall
<br />also mean being in possession of
<br />an electronic delivery device that is
<br />turned on or otherwise activated
<br />SECTION 2. That § 26-32, Pur-
<br />pose of article of the City of Elk
<br />River Code of Ordinances shall be
<br />amended to add the following:
<br />Because the city recognizes
<br />that many persons under the age
<br />of 18 years purchase or otherwise
<br />obtain, possess, and use tobacco,
<br />tobacco products, tobacco -related
<br />devices, nicotine, and electronic
<br />delivery devices, and that such
<br />sales, possession, and use are
<br />violations of both state and fed-
<br />eral laws, and because studies,
<br />which are hereby accepted and
<br />adopted, have shown that most
<br />smokers begin smoking before
<br />they have reached the age of 18
<br />years and that those persons who
<br />reach the age of 18 years without
<br />having started smoking are signifi-
<br />cantly less likely to begin smoking,
<br />and because smoking has been
<br />shown to be the cause of several
<br />serious health problems which sub-
<br />sequently place a financial burden
<br />on all levels of government, this
<br />article shall be intended to regu-
<br />[ate the sale, possession, and use
<br />of tobacco, tobacco products,
<br />tobacco -related devices, nicotine,
<br />or electronic delivery devices for
<br />the purpose of enforcing existing
<br />laws, to protect minors against
<br />the serious effects associated with
<br />the illegal use of tobacco, tobacco
<br />products, tobacco -related devices,
<br />nicotine, or electronic delivery de-
<br />vices and to prevent young people
<br />from starting to smoke as stated in
<br />Minn. Stats. § 144.391.
<br />)Unregulated electronic delivery
<br />osviges. commonly referred to as
<br />electronic cigarettes or a -ciga-
<br />rettes. closely resemble and_pur-
<br />posefully mimic the act of smoking
<br />by having users inhale vaporized
<br />liquid nicotine or other substances
<br />created by heat through an elec-
<br />tronic ignition system. After testing
<br />a number of e -cigarettes from two.
<br />leading manufacturers. the Food
<br />and Drug Administration (FDA)
<br />determin2d. that various samples
<br />tested contained not only nicotine
<br />D-ut,also detectable levels of known
<br />carcinogens and toxic chemicals _
<br />including tobacco -specific nitrosa-
<br />mines and diethylene glycol, a toxic
<br />chemical used in antifreeze. The
<br />FDA' Jmincr also suggested that
<br />quality control processes used to
<br />manufacture these products are in-
<br />consistent or non-existent, ("Sum -
<br />of results: bv to anal sis
<br />of electronic cigarettes conducted
<br />W FD "Food and ru A i 's-
<br />trationlFD&July 22 2008 httpJ/
<br />www.fda.goy/NowsEvents/Publ'
<br />cHeaIthFocus/ucm173146.htm1
<br />E&
<br />igarettes produce a vapor
<br />ot-- redetermined and—Dote
<br />ntiallx
<br />harmful substances, which may
<br />aonear similar to smoke emitted
<br />by traditional tobacco products.
<br />Their use in workp aces and public
<br />placeswhere smoking of traditional
<br />tobacco products is prohibited ore-
<br />ates concern and confusion and
<br />leads to difficulties iri enforoingthe
<br />smoking prohibitions.
<br />SECTION 3. That § 26-42, Prohi-
<br />bition of the City of Elk River Code
<br />of Ordinances shall be added as
<br />follows:
<br />The use of any electronic deliv-
<br />device is prohibited anywhere
<br />smoking is prohibited by the Min-
<br />nesota Clean Indoor Act as it may
<br />be amended from time to time.
<br />SECTION 4. That §26-43, Other
<br />Applicable Laws of the City of Elk
<br />River Code of Ordinances shall be
<br />added as follows:
<br />This ordinance is intended to
<br />ggmmlement the Minnesota Clean
<br />Indoor Air Act. Minnesota Stat-
<br />utes sections 144.411 to 144.417.
<br />as it may be amended from time
<br />to time. Nothing in this. ordinance
<br />authorizes smoking or the use of
<br />an electronic delivery device in any
<br />location that is regulated by other
<br />applicable laws or regulations.
<br />SECTION 5, That §26-73 Pen-
<br />alty of the City of Elk River Code
<br />of Ordinances shall be amended to
<br />add the following:
<br />(c) Other offenses
<br />(3) Use Where Prohibiled It is a
<br />i p ation of this ordinance for any
<br />person to use an electronic dellyery
<br />device in an area where prohib-
<br />Oted by this ord'mance. of to use an
<br />electronic delivery device irr an area
<br />where prohibit
<br />ed by a private poli-
<br />cy established by the propdetor or
<br />other person in charge of the area
<br />(41 proprietors. It is a violation
<br />of tis ordinance for the proepri-
<br />etor persgn or entity that owns
<br />leases. manages, operates, or oth-
<br />erwise controls the use of an area
<br />in which the use of an electronic
<br />delivery device is prohibited under
<br />this ordinance to knowingly fail to
<br />comply with the provisions of this
<br />ordinance.
<br />SECTION 6. That this ordinance
<br />shall take effect 60 days after pub-
<br />lication.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />19th day of October, 2015.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />October 24, 2015
<br />465040
<br />
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