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Home My WebLink About1965-13 07-21 AP y r AN ORDINANCE ESTABLISHING STAND- FOR THE OPERATION OF DRIVE- IN R (r+t w► 1 ) 1N RESTAURANTS AND DEFINING UNLAW- FUL CONDUCT THEREIN THE BROOKLYN CENTER P THE VILLAGE COUNCIL OF THE VILLAGE BROOKLYN CENTER DO ORDAIN AS FO LLOWS; AFFIDAVIT OF PUBLICA ION FOLLOWS: Section 1: Chapter 19 of the Village Ordinances is hereby amended by adding A± it 2 1 :1 6 5 thereto Sections. 19 -1101 through 19 -1108, Inclusive, to read as follows: Section -In R 1. p rant. IONi BROO � � � a. Dri Restaurant. A drive - in res STATE OF MINNESOTA taurant is any restaurant where meals, SS. sandwiches, cold drinks, ice cream, bev COUNTY OF HENNEPIN erage or other food or drink is served directly to or is permitted to be consumed in motor vehicles parked on the premises. b. Motor Vehicle. A motor vehicle as defined herein means every device in, upon, or by which any person or property is or may be transported or drawn uponahighway, E. C. L'Herault, being duly sworn on oath says that he is and during all the times herein stated has Including devices moved by human power. been President of The Post Publishing Co., the publishers of the newspaper known as THE BROOKLYN Section 19 -1102. DUTY OF OWNER. CENTER PRESS, and has full knowledge of the facts herein stated; that for more than one year prior a. The owner, lessee or operator of any drive -in restaurant shall maintain quiet and p good order upon the premises and shall not r , , , , . , : ;', :.:, - %: �"�- ..f�J�• ...:'?L..c:.''slC' t�•. -' Permit disorderly or immoral conduct or to the publication therein of the..... loitering thereon, nor shall he cause or permit - any noise or nuisance on the parking area of .':. .......:....." ..:............:. ..::. :..:...................hereto attached, said newspaper was the drive -in restaurant whereby the quiet printed and published in the City of Crystal in the County of Hennepin, State of Minnesota, on Wednesday and good order of the neighborhood are disturbed. of each week; that during all said time the following conditions have existed: b. The owner, lessee or operator of any drive-in restaurant shall provide no less Said newspaper has been printed in the English language from its known office of publication within than two (2) receptacles for receipt of trash, the city from which it purports to be issued as above stated in column and sheet form equivalent in space litter, paper Weakens, cups and remnants of to at least 450 running inches of single column, two inches wide; it has been issued once each week from a food at approprlatelocationsonthepremises. known office established in such place for publication and equipped with skilled workmen and necessary c. The owner, lessee or operator of any material for preparing and printing the same; the press work thereon has been done in its known ,office of drive -in restaurant shall post on the premises s Publication; r In a conspicuous location one or more si gn its makeup not less than twenty -five per cent of its news column has been devoted news of interest to the community which it purports to serve; it has contained general news, comment to local and bearing the following legend: miscellany; it has not wholly duplicated any other publication and has not been entirely made up of pat- "Cruising in or congregating or ents, plate matter, and advertisements; it has been circulated in and near its said place of publication to the loitering outside of a motor vehicle extent of at least two hundred and forty (340) copies regularly delivered to paying subscribers; it has had is unlawful'. No unoccupied vehicles' entry as second class matter in its local postoffice; has filed a copy of each issue with the State Histori- may be left on the premises without cal Society in St. Paul; and there has been on file in the office of the County Auditor of Hennepin the consent of the restaurant County, Minnesota, the affidavit of a person having knowledge of the facts, showing the name and operator." location of said newspaper and the existence of the conditions constituting its qualifications as a legal Section 19 -1103. FORBIDDEN CONDUCT. newspaper. Whoever does any of the following inadrive- in restaurant knowing, or having reasonable grounds to know that It will, or will tend to, That the legal or official matter hereto attached was cut from the columns of said newspaper, and was alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty JM of disorderly conduct and may be sentenced printed and published therein in the English language once each week, successive weeks; to imprisonment for not more than ninety - (90) days or to payment of a fine of not more That it was first so r .................day of published on Wednesday, the ..............:. :.:. -...r. than one hundred dollars ($100.00); a. Engage in brawling or fighting; or b. Engage In offensive, obscene, or abu- .......... .......:....................... 19::"..., and thereafter on Wednesday of each week to and sive language or in boisterous and noisy conduct tending reasonably to arouse alarm, / anger or resentment in others. including the .............. ...:: ....... day of .......... ............ 19. '. and c. Operates, drives, stops, races or parks that the following is a printed copy of the lower case alphabet from A to Z,!both inclusive, and is hereby a motor vehicle carelessly or heedlessly in acknowledged as being the size and kind of type used in the composition and publication of said legal or disregard of the rigifts and safety of any official matter, to -wit: other person. abcdefghijklmnopgrstuvwxyz -6 pt, Newstext Section 19 -1104. The following acts or abedefghijklmnopgrstuvwxyz -6 pt. Devinne conduct of any person or persons entering any drive -in restaurant premises arehereby abcdefghijklmnopgrstuvwxyz- 7 'h-pt. Excelsior declared to be unlawful, and any person found guilty of any such act may be sentenced to abedefghijklmnopgrsfuvwxyz -7% Memphis Bold imprisonment for not more than ninety (90) days or to payment of a fine of not more than one hundred dollars ($100.00); a. Entering the premises of any drive -in restaurant in a motor vehicle and parking said vehicle and leaving the premises with. out getting the consent of the owner or opera- _ • • • • /• . r for of said restaurant; in which eventvehicle may be impounded subject to the usual im- pounding charges. Subscribed and Sworn to before b. Entering the premises of any drive -in restaurant in a motor vehicle, parking the me this .......:. ..............day of ............. ...................A.D., vehicle and leaving it unoccupied for aperiod in excess of thirty (30) minutes, without consent of the owner. c/ V 0F I? i t U Y F "N' I R Section 19 -1105. UNLAWFUL ASSEM• - Ut BLY. When three or more persons assemble, (/ •• ..... ••-•••••••••••••••••••••••••••••- each participant is guilty of unlawful assem- bly, and may be sentenced to Imprisonment ~'-"•" for not more than ninety (90) days or to payment of a fine not to exceed one hundred dollars ($100.00) if the assembly is: a. With the Intent to commit any unlawful act by force; or b. With the intent to carry out any purpose in such a manner as will disturb or threaten the public peace; or " c. Without unlawful purpose, but the par- _ ticipants so conduct themselves In a dis- orderly manner as to disturb or threaten the public peace. s �► No . ................ } Section 19 -1106. It shall be unlawful for �° y� any person to consume any alcoholic beverage Affidavit O i PubGcatlOn on the premises of any drive -in restaurant, and upon conviction for said offense any per- son may be sentenced to imprisonment for a ®F t period not to exceed ninety (90) days or to payment of a fine not to exceed one hundred dollars ($100.00). Section 19 -1107. That if any section, subsection, paragraph or provision of this ordinance shall be held Invalidfor any reason whatsoever, such invalidity shall not affect the remaining portions of this ordinance, which shall remain in full force and effect and to this end theprovisions of this ordinance are declared to be severable. Section 19 -1108. Any person found guilty of violating any of the provisions of this ordinance shall be fined a sum not to exceed Published in one hundred dollars ($100,00) or by im- prisonment not to exceed ninn me days. THE BROOKLYN CENTER PRESS Section 2: This ordinance amendment shall he effective from and after its publication. Adopted this 6th day of July 1965. 5617 Corvallis Ave. N. GORDON M. ERICKSON MINNEAPOLIS 29, MINNESOTA Mayor ATTEST: EARL A. SIMONS, Clerk DATE OF PUBLICATION (Published in The Brooklyn Center Press July 21 and 28, 1965.) ATTORNEY FILED THE BROOKLYN CENTER PRESS .01330.