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