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HomeMy WebLinkAbout1978 11-30 AP - ORDINANCE NOT ADOPTED CITY OF BROOKLYN CENTER, MINNESOTA ORDINANCE NO. AN ORDINANCE PROHIBITING THE IMPERSONATION OF POLICE OFFICERS OR PUBLIC OFFICIALS THE CITY COUNCIL OF THE CITY BROOKLYN CENTER POST OF BROOKLYN CENTER .DOES ORDAIN A,,$ FOLLOWS: Section 11 Chapter 19: of the City p 4 Ordinances e amended Of Brooklyn. AFFIDAVIT OF PU Center is hereby by 'amended b the addition of the following: section 19 -1900, impersonation of a Police Officer or Vilbitc Official. It is; i unlawful for anY to:`falselt;. impersonate ocs manner, falsely represed. :as a la* STATE OF MINNESOTA I enforcement t office SS. sheriff depui wal .rol COUNTY OF HENNEPIN i o fficil or m? fatso"y Im- 1 per y manner falsely re sat aI mbiid official p 'dMlpfu of the United or c of Min no over f?. n Ae r an'y subdivision f ry E t= HerauIt, being duly sworn, on oath says he is and during all the times herein stated has been the'President of The *tion'- Y1.1ya'f; P'Jfbssassion Post Publishing Co., publisher and printer of the newspaper known as or t t IIII ;adges'or ff.+ emilawful for any BROOKLYN CENTERPOST sly authorized 110* wear, YOB, employ, keep or` and has ful I knowledge of the facts herein stated as follows: *in' any" mmnner whatsoever, (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent an f the foNawnlg: in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each 1 �lto.es: a, taw enforcement week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which tfce officer, sheriff deputy it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter ?;Kfafe p�frdf trooper or any and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at E' itSriJ mosety resembling or least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation trtitative of.suo. upiforms. currently paid or no more than three months in arrears and has entry as second -class matter in its local post- 2- Aiiy badge, emblem,shield, insignia office. (5) Said newspaper purports to serve the or desigd us word or words CITY OF BROOKLYN CENTER police,' I deputy," "state, patrol of "law in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open enforcement" Ai' any badge, em- during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main blew, shietdl "insignia or ..design tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all .which imltafes;or closely resembles such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately t he se DaQgesi imblems and the like with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years actually used bit law entoreemenI preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of agencies. Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of 3. Any motor.a+lehicle: or motorcycle State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper equipped with reftlights, other than is a legal newspaper. red tail lights or wen or which, by combination o: color, design, 7 equipment M alt of them, imitates He further states or oath that the printed i T r b t,_ or closely a squad car or other traffic Aaw enforcement Z 4 'Z,._" vehicle. s, i r u r t is �'�a ..±'.'t This subdivision -40 :not apply. tc �s s d vehicles to ;the,�f dint they are ex pressly permit'14, I P95sess or, use red hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in lights by the Co ner of Public Safety pursuant W ,esota Statutes r Section 169.64.. the English language, onceeach week,for successive weeks; that itwasfirstso published on Section 19 -1 .,Sop`arability. Every p section, provls 9EV! Pa rt of this or- dinanee is detlbted separable from he- day of 9 and was thereafter printed and published on every every other secttobr,provision or part to the extent that if any section, provision or partlif the ordinance shall to and including the day of 19...,.. and that the following is a printed copy of the be held invalid. ihi holding shall not invalidate anykaVier section, provision.; or part ther0f, lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in Sect 19 -190. Penalties. Wlµfever does any acts forbidden by this or- dinanee or omits or fails to do any act the composition and publ lcation of said notice, to wit: required by this ordinance shall be guilty of a misdemeanor and upon conviction thereof by lawful authority. abcdefghiiklmnopgrstuvwxyn -5th. pt. Sans be punished by a fine not to exceed s500 and by imprisonment not to ex- ceed 90 days or both. Section 19- 1904.. Liability for the .crimes of Another. Every person: who commits or attempts to commit, conspires to commit or aids and abets in the commission of any act, con stituting a violation of this ordinance, or any act, which constitutes an omission and, therefore, a violation of this ordinance, whether individually or in combination with one or more Subscribed and sworn to before persons or as a principal, agent or accessory, shall be guilty of such of- tense and every person who falsely, me this. day of fraudulently, forcibly or willfully T induces, causes, coerces, requires, permits or directs another to violate any of the provisions of this chapter is likewise guilty of such offense. Section 2. Chapter 23 is amended by (NOTARIAL SEAL) the repeal of the following: (Section 23 -O APPOINTMENT OF P SPECIAL POLICE OFFICERS. Notary Public,.. ..........County, Minnesota Whenever in the judgment of the Village Council Of the Village. of Brooklyn Center it shall be necessary My Commission Expires... 19...... or desirable to increase the police force of the village temporarily, the village Council is empowered to ap- point "Special Police Officers." The appointment shalt designate the time for which the services are to be ren- dered and the place. The person ap- pointed shall accept such appointment in writing and shall take an oath of office to be filed with the clerk. Any such appointment may be revoked with or without cause and without notice by the Village Council at any time.) (Section 23 -702. AUTHORITY OF SPECIAL POLICE OFFICERS. Persons appointed special police of- ficers have authority to serve, process and make arrests and do all acts authorized by law to preserve the (Section 23 -708. INSURANCE. public peace and order that other policemen in the village have and their Whenever a special police officer is appointed of the request of another to duties and obligations in that regard assist in patrolling or enforcing the Nd. shall be the same. It shall be unlawful jv law on the premises of the other's for any such person to wear at any place of business, the person public gathering, or upon any public Affidavit of Publication requesting that such appointment be street or highway, or in any public made shall file appropriate letter place whether on or off duty a uniform with the City agreeing to save the City or cap of the same color or appearance OF harmless from any and all liability as that used by the regular police which may accrue to it by reason of officers of the Village of Brooklyn any acts or omissions of the person Center.) appointed, and the City may require Section 23 -703. SPECIAL POLICE evidence of insurance or in lieu thereof OFFICER BADGE AND GUN. A special police officer appointed pur- evidence of financial ability to adequately protect the City. This suant to this ordinance may wear a section shall not construed im- special police officer badge or emblem during the time and in the areas for posean liability upon the City arising which the appointment is made, said out of the appointment of any special badge to be furnished by the Village of police officer.) (Section acted PENALTY. Any Brooklyn Center upon payment of The person convicted for the violation of sum of $)0, S5 of which shall be any of the provisions of Sections 23 -701 returned to the person upon The ter Pub "ish*d in through 23 -708 may be punished by a mination of such appointment. No special police officer shall wear a gun fine of not more than five hundred days. d t 500 oA.( 1 4 by lm a soRment or be otherwise armed unless such BROOKLYN CENTER POST not o j'hiifCfy (90) YC4 authority is included in the ap- iwS►_. pointment, and such gun may be worn 8801 Bass Lake Road ...,,E of tive fitter asOptio aoq: only during the time and in the areas uponfhirty (30) delis toNOwfrls for which the appointment is made. It MINNEAPOLIS, MINNESOTA 55428 legal publication. shall be unlawful for any special police Adopted this -day of officer to wear or exhibit his badge or 1978 to wear a gun except as provided herein.) DATE OF PUBLICATION Mayor (Section 23 -704. AUTHORITY ATTEST: RESTRICTION. It shall be unlawful Clerk for any person commissioned as a Effective date special police officer to exercise any (Bold Face indicates new matter, police authority or act as a policeman brackets indicate matter to be except in the place or places deleted.) designated in his appointment and for (Published in the Brooklyn Center such period as his appointment shall ATTORNEY Post November 30, 1978.) be in force.) (Section 23 -705.. BOND REQUIRED. Every person appointed as a special police officer shall file with the village clerk a corporate surety bond in the amount of $1,000 upon a .form prescribed by the village at the time of filing his oath of office and written acceptance of his appointment. Such bond shall be conditioned upon the faithful discharge of the duties of the FILED officeof special police officer and upon compliance with all applicable laws and ordinances.) (Section 23 -706. REQUIREMENTS OF IDENTIFICATION. All applicants for .appointment as special police officers shall submit to all reasonable regulations and requirements of the Village of Brooklyn Center Police BROOKLYN CENTER POST Department as the same shall relate to identification, photographing and fingerprinting.) (Section 23 -707. TERMINATION OF APPOINTMENT. Whenever the purpose for the appointment as a special police officer ceases to exist, the holder of such appointment shall within ten (10) days surrender his badge to the Police Department of the City.)