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Ask An Officer

Welcome to our newest section on GoMarshall.net!
Do you have a question you would like to "Ask An Officer"?  
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Many thank  to the Marshall Police Department
for supplying us answers to your questions!





4-13-2010

 Is it legal to come off the side road (Saratoga) and wait in the intersection of a divided highway (23) until the other side is clear and if so do you wait on the right or left?

Yes, this is actually the way this intersection and others like it was designed. You cross one section of the highway, staying to the furthest right hand side, stopping in the center of the two lanes of traffic, then proceed across the second section of the highway once you can do so safely.

Two obvious problems with this is if more than one vehicle attempts to do this at the same time causing confusion and congestion in the center of the highway. If there is a vehicle ahead of you waiting in the center portion of the intersection, you need to wait until they have safely moved out of the center. Also one should not stop in the center of the intersection if they are pulling a large trailer to where the trailer would be blocking traffic.



4-14-2010
Does Marshall have a reverse 911 system?

Yes, the Lyon County Dispatch Center does have reverse 911 Capabilities which allows them to be able to locate an address if they have a phone number. This is a very helpful tool and is used on numerous occasions and in many different types of emergencies.

4-13-2010

Is there a curfew for minors, and at what age does it start?

Yes, the City of Marshall does have a Curfew. It basically regulates children under the age of 16. All children under the age of 16 cannot be loitering on the City streets between 10:30 PM and 6:00 AM, unless the child is coming and going from a school function, or is accompanied by the child’s parent or guardian.

For specific language see Marshall Ordinance, Sec. 42-87. Curfew for minors.

(a) It is unlawful for any minor person under the age of 16 years to be or loiter upon the streets or public places between the hours of 10:30 p.m. and 6:00 a.m.
(b) It is unlawful for any parent, guardian or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge.
(c) It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other place of business, to allow or permit any minor person to be or loiter in such place in violation of this section unless such minor person is accompanied by a person of lawful age having such minor person in charge. This subsection shall not be construed to permit the presence, at any time, of any person underage in any place where his presence is otherwise prohibited by law.
(d) The provisions of subsections (a) and (c) of this section shall not apply when the minor is:
(1) Accompanied by such minor's parent, guardian or other adult person having the lawful care and custody of the minor.
(2) Upon an emergency errand directed by such minor's parent or guardian or other adult person having the lawful care and custody of such minor.
(3) Returning directly home from a school activity, entertainment, recreational activity or dance.
(4) Returning directly home from lawful employment that makes it necessary to be in the places referenced in this section during the proscribed period of time.
(5) Attending or traveling directly to or from an activity involving the exercise of First Amendment rights of free speech, freedom of assembly or free exercise of religion.
(6) Engaged in interstate travel with the consent of his parent or guardian.
(Code 1976, § 10.07)






2-17-2010
I get a lot of questions about texting and driving. Some say you can't get pulled over for texting and some do. What is the real scoop on texting while driving.  Some say 18 and over can text and drive. I know that's not true because I know I can't!

Texting and Driving
Minnesota State law states it is illegal for drivers under age 18 to use a cellular/wireless phone, whether hand-held or hands-free
— except to call 911 in an emergency. It is illegal for drivers of all ages to compose, read, or send text messages or access the Internet on a wireless device while on the road.

 

2-16-2010
I see many people driving with their dog either on their laps or the dogs jumping around in the car. Today a huge dog went from the passenger’s side window to the driver’s side window to sniff the because it was down while the driver was smoking and on the cell phone. This huge dog was a distraction as the driver just let him stick his nose out the window. I followed them from SMSU to the Armory just waiting for something bad to happen. It seems to me there should be a law against that.

Distracted Driving

Minnesota State law states it is illegal for a person to drive a vehicle when it is loaded with people or objects to obstruct the view of the driver to the front or sides of
the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. As for the driver talking on the cell phone while driving; there isn’t a law that states you can’t. However there is a law for inattentive driving if talking on a cell phone is distracting the driver.



2-16-2010
If a car is waiting for oncoming traffic at an intersection to make a left turn, is it legal for other vehicles behind them to pass on the right? When two vehicles are each waiting to make a left, and several cars are passing in each direction, it can be difficult to see those other vehicles. I would think that 'passing on the right" is illegal but it happens all the time.

Passing on the Right

Passing on the right is dangerous, even in squad cars with the emergency lights and siren on! Passing on the right is especially dangerous because if a vehicle from the left lane may try to make a left turn and not see you passing on the right. It is legal to pass on the right under certain conditions:
(1)when the vehicle overtaken is making or about to make a left turn; (2) upon a street or highway with unobstructed pavement not occupied by parked vehicles, of sufficient width for two or more lines of moving vehicles in each direction; (3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles; (4) when the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving onto the shoulder, whether paved or unpaved, or off the pavement or main-traveled portion of the roadway. Remember to use your turn signal when passing, and merging back into the lane. Drive slowly as you are passing the vehicle on the right, and you cannot increase speed until you are completely passed the vehicle.

Updated 2-3-10

A couple of my neighbor's are always letting their dogs run loose in the neighborhood and letting the dogs go to the bathroom where ever they want. Frequently I am finding large piles of poop from these dogs in my yard. Is there anything I can do to get these people to stop letting their dogs run free? I don't like confrontations and so wanted to know if I can file an anonymous complaint or something.

Dogs running lose and defecating on neighbor’s property.
 Make and anonymous complaint.

1st off the City of Marshall does NOT have a leash law except in the City Parks. (Sec.46-25) Pets. It is unlawful for a person to:(1) Bring a pet into the park, or posses and control a pet in the park unless kept on a leash not more than six feet in length. (Parks and Recreation) (Park means any land or water area and all facilities thereon, under the jurisdiction and control of the department.)
As for the rest of the city, as long as the animal is being watched or controlled by the person in custody, the animal is not at large. However, if the animal is not being controlled or monitored it is a violation. It is also a violation if the owner does not pick up the dog’s waste.

Yes, you can make an anonymous complaint about the incident. The trouble is without an identifiable complainant, who can positively testify they observed their neighbor’s dog defecate on their property, proving who’s dog defecated on the property is near impossible for the officer. Even if the complainant is willing to identify themselves and fill out a statement about the incident, the officer still cannot issue a citation to the owner without witnessing the violation first hand. The officer would have to collect statements from all individuals involved, send it to the City Attorney for their review and consideration of charges against the suspect. If the attorney decides to pursue charges, the complaint and suspect would have to appear in court and testy in front of the Judge, who would ultimately make the final decision of guilty or not guilty and impose a fine. Some good evidence would be photos or even video of the neighbor’s dog doing their business on your yard. That way this can be introduced into evidence to the court if necessary. See attached ordinance sections.


Sec. 14-2. General regulations.

(e) No person shall allow, permit or place any animal upon any public park, bike path or foot bridge, or upon any grass, turf, boulevard, city park, cemetery, garden or private property, without the specific permission from the owner. The restrictions of this subsection do not prohibit the appearance of any dog or cat upon streets or public property when the dog or cat is on a leash or under the control of the person charged with its care.

(f) No person shall allow or permit any animal to defecate upon any public park, bike path or foot bridge, or upon any grass, turf, boulevard, city park, cemetery, garden or private property, without specific permission from the owner, unless any and all excrement is immediately removed and disposed of in a sanitary manner by the person charged with the animal's care. Any person having custody or control of any animal when such animal is upon any of the places or areas described in this subsection to have in his possession a device or equipment for excrement removal.

Click here to view or download the City of Marshall's
"Pets and the Law" brochure




Is dumpster diving legal.

Yes, dumpster diving is legal unless the dumpster is on private property where it is not open to the public, then the individual is trespassing. Once items are placed in the garbage, the law considers those items abandoned belonging to nobody.




What is the difference between the DWI offenses?    Some are 1st Degree and some are 4th Degree.   Can you explain the differences?
 

Is it illegal to drive without a license plate light?

Yes it is illegal in the state of MN to drive without a license plate light or faulty equipment. MN State statute states all Motor Vehicles shall have working lighting equipment. If your light is not working it is a violation and you can be stopped and cited for an equipment violation. This is a Petty Misdemeanor charge.

Yes you can be stopped for having an “obstructed license plate”. MN law requires both front and rear license plates be visible at all times. This includes, covers, dirt, grime, or SNOW.



When heading Southeast on Main Street crossing College is it acceptable to be in the right hand lane crossing College then merge to the left before you get to Casey's? If always seems like a gray area there.

This section of roadway is designed to be a multi lane roadway, however in order to be a legal multi-lane roadway it needs to be properly marked by having the lanes defined by painted divider lines, which this section of roadway is not. This makes it confusing to most drivers when they are in a properly marked divided lane roadway, (West of Hwy 19) then when they cross over Hwy 19 they suddenly find themselves on a non divided roadway which ends abruptly at 1st Street. The proper action a driver should take is one of two things. They should either turn south on First Street or slow down or even stop if necessary, signal and merge safely into the other lane to continue east. They should do this without failing to yield to vehicles in the left lane.

So to answer your question, Yes they should merge to the left lane safely. They should NOT speed up to get around the vehicle in the left lane cutting them off. Drivers who do this are guilty of UNSAFE CHANGE OF COURSE. See below.

Change of course. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in this section, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a highway unless and until the movement can be made with reasonable safety after giving an appropriate signal in the manner hereinafter provided.





When driving North or West on Lyon Street is it legal to turn left into a parking spot on the other side of the street and Vice Versa? I see this at least once a week at the Post Office and it drives me crazy. Especially when they take the spot I was going into!

U-turn. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be
seen by the driver of any other vehicle approaching from either direction within 1,000 feet, nor shall the driver of a vehicle turn the vehicle so as to proceed in the opposite direction unless the movement can be made safely and without interfering with other traffic.

So unless they are unsafe in making the turn, or they FAIL TO YIELD to oncoming traffic or there are signs prohibiting U-turns they can do it legally. I would however advise against it in this area because of the close quarters and congested nature of the location.


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