86-248 WHITE�. -Y��� CLERK II
PINK'�' - FlN.,NLE � �
CANAR1r- DEPARTMENT � GITY OF SAINT PALTL COUfl�lI v /')
BLUE - MAVOR File II NO. �+� ��V
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- � rdin�nce ord��' -�o. ��3.��
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Presente By � � �� -2 d2 ` ��
ReferredTo ��� �r'.�/�rn��— Committee: Date�l ""��,�
Out of Committee By Dat
An administrative o�dinan�e creat�ng ,. I
procedure whereby resid�=nts e� -c�e Cit�
may peti�ion the City :,ou�zc:ii �o i��lc: lu
public hearing regarding and to commer��ce
legal action against alleged public �I
nuisances in 'cheir neighborhoods.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES OFDAIN: I��
Section l .
Declaration of Policy. The council finds thatii�he protec�ion
of the p�ace, comfort, and decency of the city' sli neiahborhoods
and the enforcement oi the criminal laws rela-ting to disorderly
houses, the illegal sale of alcohol and controll�d substances,
gambling, and prosti�ution, are fos-�ered through � the conti�?ued
coopera'tion between the city and its residents. ! In order to
sustain tha�c cooperation, -che council hereby creat�les a proceaure
whereby residents of the ci�ty may petition the c�¢uncil �to hold
a public hearing regarding, and �o commence legal �ction against,
alleged public nu�sances in their neighborhoods.
Section 2.
Defini�ions. For purposes of this chap�er, th �erms defined
in this section shall have zhe rrteanings ascribed to�them.
1 . "Disorderly House" shall have the meani'�g ascrz'�ec?i to
it by either state law or legislative code for the� city of Saint
Paul .
2. "Gambling" shall have the meanin ascr�ibed to it b
g � Y
s�ate law.
COUNC[LMEN
' R uested b De artment I f:
Yeas Nays � Y p
Drew
Nicosia ln Favor
Rettman
s�na�bei A ainst BY
Sonnen g
Tedesco I
Wilson
/
Form Approved by City At orney
Adopted by Council: Date j
Certified Passed by Council Secretary BY v�'r'�� '`�` e� 2—'Z ��
By
Approved by Mayor: Date Approved by Mayor for Su Imission to Council
By By �,! -
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s . . . �/, r.F � t
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3 . "Illegal sale of intoxicating or non-in�oxicating malt
liquor" shall mean any or all of those situation�s in which the
provisions of state law or of the legislative code of the city
of Saint Paul relative to the sale of intoxicating' or non-intoxi-
cating malt liquor have been violated.
4. "Nuisance" or "public nuisance" shall have the meaning
ascribed to it by state law and shall include, but not be limited
to, tippling houses, after-hours establishments , locations at
which illegal sales of intoxicating liquor or non-intoxicating
liquor or controlled substances are made , and vac�nt dilapidated
buildings .
5 . "Possession or sale of a controlled s�bstance" shall
have the meaning ascribed to it by state law.
6 . "Prostitution or acts of prostitution" shall have the
meaning ascribed to them by state law.
Section 3.
Petition Procedure. Upon the filing of a petition in writing
signed by 60% of the owners and tenants of all pri�rate residences ,
dwellings, and apartment houses located in an �area one block
in any direction from the alleged public nuisance and upon veri-
fication of those signatures by the office of t�jhe City Clerk,
the Council shall schedule a public hearing concerning the allega-
tions set forth. A�l petitions , including those containing an
insufficient number of signatures , shall be r�ferred to the
Council by the City Clerk. With respect to petitions containing
less than the 60% required signatures , the Council may, in its
discretion, accept the petition and schedule al� public hearing
or return the petition to the petitioners for adlditional signa-
tures. II
The petition shall contain:
l . At the top of each page of signatures , a Iltatement alleg-
ing the operation or existence of a �ublic nuisance
at a specific address. Such allegation shall be based
on and make reference to supporting documentation
attached to the petition. p
2 . The signer ' s address and status, i .e. owner, owner
and occupant or tenant, shall follow �ach signature.
Signatures of guests or visitors, whether short or long
term, shall not be permitted or consid�red in meeting
the required percentage ; and
3 . Supporting documentation, whether policelreports and/or
affidavits of signers or others with firs�-hand knowledge
of the occurrences inside the alleged p��ublic nuisance.
Such documentation shall show any or all of the following
occurrences as a result of the operation or existence
of the alleged public nuisance : ,'
2.
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a. Noise ; '
b. Litter;
c . Parking problems ;
d. Increased vehicular traffic ;
e. Other proof showing that the peace , corilfor� or decency of
the neighborhood has been repeatedly distu�bed;
f. Prostitution or acts of prostitution; ,
g. Gambling;
h. Sale or possession of controlled substances ;
i . Previous criminal convictions by the owner and/or operator
of the alleged public nuisance for operating a disorderly
house at this same address.
The owner and/or operator of the alleged public nuisance
shall be mailed written notice of the public hearing and shall
be permitted to testify at the hearing. i
The council shall consider all written and oral testimony
elicited at the public hearing, as well as the doc 'ments attached
to the petition, and shall , by resolution, eitY�er return the
matter to the petitioners for insufficient evider`ice to support
the allegations or refer it to the city attorne�j} ' s office for
review for sufficiency to file criminal charges br to commence
a civil action.
Within a reasonable period of time after receipt of all
materials from the council , the city attorney' s office shall
provide the council with a written report explainirig its decision
whether or not to commence a criminal or civil action.
Section 4. I
This ordinance is deemed a part of the Saint P�ul Administra-
tive Code and shall be incorporated therein and gl�iven an appro-
priate chapter and/or section number at the time of the next
revision of said Administrative Code.
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3 .
WHIYE - CITV CLERK COU C11 �}f//J ../
PINK - FINANCE G I TY OF SA I NT PA U L �
CANAR� - OEPARTMENT ](� � _/�
9LUE - MAVOR File' NO. �J "'�
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Ordin�nce ora�l�ance N O. �7•3�
Presented By ;�
Referred To Committee: Dat��
Out of Committee By Dat�
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Section 5.
This ordinance shall take effect and be i force thirty
(30) days after its passage, approval and publicatibn.
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4.
COUNCILMEN Requested by Department f:
Yeas Nays
Drew
Nicosia ln Favor —
Rettman
Scheibel � A gai ns t BY
Sonnen
Tedesco
Wilson »n`+ I
MAY 8 - if� Form Approved by City A torney
Adopted by Council: Date
Certified Pa d y Council et gy T�'�`'Q- • °�'Z �"�
By
Appr by Mayor: Date • 3 �� Approved by Mayor for Su mission to Council
By
PUBUSHEO "�AY 17 1956
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A CITY OF SgINT PA.UL f 73�d
- OFFICE OF THE CITY COD'NCIL I
.���a�en � .
�-���M
D ote : April 21 , 1986
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COMM
(TTEE
RE 0 TI
P R
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T4 = Sa�nt PQU t Cifiy Coun��i l �
F R O M : C o m m ii�t e e o n C i ty Deve 1 opment and �ransportat i on
CH�AIR W� > > iam L. Wi lson
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1 . Resolution adopting the Downtown Park�ng Plan dated
November, 1985 (Committee recommendsllapproval )
� 2. Petition of the College of St. Thom�s to coRSi.der
the final plat approval of the St. Paul Seminary
located at 2260 Summit Ave�ue (boun�led tay Summit
Avenue, Credit Avenue, Goodrich & Mi�sissippi River
Boulevard) (Committee recommends approval with
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amendments)
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3. Resolution accepting the report and ,t�ecommendations
of the St. Paul Emergency Overnight Slhelter Board
(Committee recommends approval )
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4. Administrative ordinance creatingl a procedure _
whereby residents of the City may pet t�on the City
Council to hold a public hearing re�arding and to
commence l.egal action against allteged public
nuisance in ttaeir neighborhoods (Comm!ittee recommends
approval with amendments) ..
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CTI'Y HALL SEVENTH FLOOR SAIINT PAUL.MINNESOTA 55102
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' • . � ' ' %��`-= �
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3 . "I legal sale of intoxicating or non-intoxicating malt
liquor" shall mean any or all of those situations in which the
provisions of �tate law or of the legislative code of the city
of Saint Paul r ative to the sale of intoxicating or non-intoxi-
cating malt liquo have been violated.
4. "Nuisance''. or public nuisance" shall ha�e the meaning
ascribed to it by sta�e law.
5 . "Possession #�,,r sale of a controlled substance" shall
have the meaning ascribei�„ to it by state law.
xhsk
6. "Prostitution or�acts of prostitution" �hall have the
meaning ascribed to them by tate law.
S tion 3 .
Petition Procedure. Upon e filing of a petition in writing
signed by 60% of the owners an tenants of all pr�ivate residen-
ces , dwellings, and apartment h ses located two '�ISquare blocks
around an alleged public nuisance, and upon verification of those
signatures by the office of the c�ity clerk, the council shall
schedule a public hearing concerni the allegations set forth.
Petitions containing an insufficien number of signatures shall
be returned by the city clerk to the p titioners .
The petition shall contain:
l . At the top of each page of signa res , a statement alleg-
ing the operation or existence of a public nuisance
at a specific address. 5uch all ation shall be based
on and make reference to sup rting documentation
attached to the petition. �
2 . The signer ' s address and status , .e. , , owner, owner
and occupant or tenant , shall follo e�ch signature.
Signatures of guests or visitors , whet er' short or long
term, shall not be permitted or consi ered in meeting
the required percentage ; and '
3 . Supporting documentation, whether police eports and/or
affidavits of signers or others with first- and knowledge
of the occurrences inside the alleged pub ic nuisance.
Such documentation shall show any or all of e following
occurrences as a result of the operatio existence
of the alleged public nuisance :
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