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86-1307 WHITE - CITV CLERK _ PINK - FINANCE � CITY OF SAINT PAITL Council �6 �3 v C'ANARY = OEPARTMENT BLU6 - MAVOR I • , , , , File N 0. . , a • � "� �WZ/L�/`�iG Ordin e N�. � � r Presented By � � �-5 f��^ Referred To Committee: Date Out of Committ�e By Date A le! islative ordinance amending Chapter 292 of t e Saint Paul Legislative Code by adding to ihap er 292 a provision for the ideni ific tion and removal of youth gang graf iti . THE COUIQCIL 0� TH� CITY OP SAiNT PAUL DOES ORDAIN : Section 1 That th� Sain Paul Legislative Code, Chapter 2g2 , is hereb amended so aS to a d the following thereto: 292 .04 Decla atio of policy on youth gang graffitti. The council inds that youth gang graffiti adversely affect t e peace, safeti , co fort and decency of the Saint Paul community and its you h. T e council finds that the protection of ci y youth and ne ghbor oods and the enforcement of vandalism statut s are fosterediby th quick removal of youth gang graffiti. The council ! inds that there are youth gangs operating within t e city and th�t the e gangs are undesirable for the City of Sai t Paul and arq deme ning to its youth. Exposure to the graffiti f these gangsiadve sely affects the emotional wellbeing of ci y youth and reate peer pressure on city youth to join the e undesirableiand d meaning organizations. COUNCILMEN ! Requested by Department of: Yeas Na� s Orew Nicosia [n Favor — Rettman s�ne�bai Against BY Sonnen Tedesco Wilson � Form Approved by City Attorney Ad�pted by Council: I Date - Certified Passed by Co�I cil Secr tary BY By � Approved by Mayor: DI te � Approved by Mayor for Submission to C uncil By By � __ . . . ' ; : C��--- :�,,� J._=;/!`kl . � � � � f1�'-.{ 17 rther finds that outh an raffiti are us cl to The coun � il fu y g g g identify �claim d areas of gang control or mark gang territory. The counc�' 1 fi ds that quick rernoval of the graffiti prevent the entreneh ent f the gangs. The counc,' 1 he eby declares its intention to minimize youth gang graffiti � with n the City of Saint Paul. The public poli y of Saint Pa � l is declared to be the quiek removal of youth gang graffiti' to imit its adverse impact on city youth and neighbor �, oods. Youth gang graffiti is hereby declared to be a public nuisanc . ' Section 2 292.05 D fini ioes. For purposes of this chapter, the t rms defined i this seetion shall have the meanings ascribed to hem. "Youth ga� g" sh 11 mean any organization primarily con;prise of minors wh ban together and claim territory within the cit for themselve by t e inscription of symbols on city structures and has been denti ied by the city police as such an organizati n. "Youth ga g gra fiti" are marks, symbols, designs, inscrip ions or other rawin s used by or associated with youth gangs in any manner in ludin an attempted designation of territorial cl ims of the yo'� th g ngs , displayed without perrr, ission on publi or private s ructu es. Section 3 292-06 Unl aWfu conduct; owner's responsibility. It shal be unlawful � for n owner of any property to allow youth ang graffiti o' the' r property, or allow youth gang graffiti to e ist in the ci,ty. he owner of any such property shall re ove therefrom � outh gang graffiti. Section 4 292.07. Cij y Po ice to identify. At the request of the pu lic and based � pon 'nformation received from the public, city po ice personnel � shall investigate and identify ynuth gang graff ti. After poli� e ha e verified the existence of graffiti they s all contact tY�e cit clerk who shall schedule a public hearing. The city cler sha 1 notify the affected property owner of the hearing dalte, t e preliminary findings that graffiti exist on the owner prop rty and that the council may after the hearing order the jemova of the graffiti by either the property owne or 2 . , , !� :�j � /-��!'%` , ` - , , • � � , i 7��i,� . the cit ' s d partment of con�munity services and if said departme t has to remove the graffiti the cost will be ass ssed against he ow er's property. Section ; 292.08.Li' ited entry u�on land.The city police or their duly authoriz � d pe sonnel may enter upon private premises at any reasonab e tim for the purpose of carrying out any of the d ties assigned ', o th m under this chapter. Section 6 292.09. H' arin . At a hearing before the council , the council shall re � eive evidence from the police department as to the existence � of gr ffiti.Tf the council finds that graffiti exi ts, they shal noti y the department of com munity services and d ' rect its remov 1 in accordance with Section 292.10. The prope �, ty ow er shall be entitiled to be heard on all matters relating o gra fiti and the process of removal. Seetion 7 2 2 10. N � tice to oWner. Tn the event outh ang graffit is 9 . Y � found, th� depa tm ent of com munity services shall mail a wri ten nrder to �, he o ner of the subject real property addresse to owner's 1� st k own street address. The written order s all contain th' fol owing: ( 1 ) escr ' ption af the real estate sufficient for identifica', ion. (2) � Infor owner that youth gang graffiti exists on ow ers property a' d th remedial aetion required. (3) � Allow a reasonable time for perfortriance of any ac it requires. , (4) � Stat that unless corrective action is taken, the departmen of om munity services may remove the youth gang graffiti a d ch rge all costs incurred therein against the eal estate as spec al assessment to be collected in the same ma ner as taxes a ainst real estate. 3 . . . . � , � �. . ��,/� {�tf i.°r i, . . � . , . , � ��;f' , Section 8 292.11 . C�� sts o be assesse�. Tn the event the city re oves and/or ab, tes he youth gang graffiti, an aecurate record o the costs in urre therein shall be kept by the departmen of comrr�unity servi ces and reported to the department of financ and managemen ser ices. The tota� costs of this abaterr�ent incl ding the admi istra ive costs incurred by the department of fi ance and manag�ern�ent services in processsing the abatement shall then be asses ed against the affeeted real property in tY�e m nner provided � for ' n Chapter 1 �4 of the City Charter and shall be collecte� in ecordance with those applicable provis ' ons contained in C apter 6�4 of the Saint Paul Administrative Code , provided, � howev r, that these assessments shall be payable i not more than� five nnual installments. Seetion 9 29�. 12. G�raff" ti abatement civiIl in nature. A violatio of Sections 92.0�4 through 292.12 of the Saint paul Legislative ode relating ' o th abatement of youth gang graffiti shall no be treated as� misd meanors nor shall they be criminal in nature. Section 10 2 2.1 . I erfe ence. Tt is unlawful for an erson to rev nt 9 3 n� y p p , delay or , interfere with the city police department or the assigned ity d ' vision or department while they are engage in the perfor,r,ance of duties inipc�sed by this chapter. Section 11 The titll� of Chapter 292 will be changed to read as follows:Re i iou racial and youth an vandalisra. Seetion 12 This ordil� ance is deemed to be a art of the Saint P ul A Legislativ Cod and shall be incorporated therein. 4 WHITE - CITV CLERK 1 �+INK � FINANCE GITY OF SAINT PAUL CANARV -OEPARTMENT I COUflClt BLUE - MAVOR I File NO. � � � ' �Ordindnce Ordinance N 0. Presented By Referred To ' Committee: Date Out of Commi! tee By Date Section 13 This ordinancel'�shall take effect and be in force 30 days after its passage, appro 1 an publication. � COUNCILMEN li Requested by Department oE: Yeas Nays �� Drev�' I Nicosia � In Favor — Rettman °i�'°'�`� � Against BY sonno�� Tedesco Wilson � � MAR 2 6 h�pl Form A by Ci Attorn Adopted by Council: te � Certified Pa s y ouncil I ry BY � I By 7 — Approv d y Mayor: Da �- AP� ` Approved by Mayor for Submission to Counci B By P�1_�l�� '.'�:-� 1. i �i�� i� • • , ' '` �,C �,_ /-�� " CITY O�` SAINT PAUL �� , 7y��r� - OFP'ICE OF THE CITY COIINCIL 11�9i� � •'1��Y�i�s! ' . susap:JS,� •��iE"•'�'b Odte : 19g6 . December 1 , . '� C MM (TTEE RE PORT TO = �Sain PQU i City Councit _ F R� � � ��C O fYl it t e e 0 h C i ty Deve 1 opment and Transporta i on � CNAI Wi t t iam L. Wi tson � 1 . Re ocation Policy for UDAG (HRA-3� (Comrnittee re ammends approvai as amended} �. Ap eal - Planning Commission for non-conforming use at 1255 Ashland (Committee recommends approval or ' • no -conforming use) . ' - - . Or inance amending the Legislative Code, B�.rii fing an Housir� Cod� by adding a provision for th� � - � --� � �- i d t i f i ca�on and.n,r_emova i of yc.zuth gang gra_f_f i__ i - t i ttee reconxnends approva 1 ) �,� �%�.��n-�.c.cQ _- - 4� �2� ulutian accepting the report submitted by th Ov rnight Shelter Board dated September 1986 an pr viding that the Council will act on the reco - me dations within 90 days (Committee recommend ap roval as amended) . . C:.ii"Y HALL SEVENTH FLOOR SAINT PAUL, MIN ESOTA SS102 .�,: _ ._. .�,.._.�.,.._.._.,..�_ .,.,,.,,.y..._ .._�..�.,,r_�.._...,.._.,..�._...W_� __y_...._�.�......._..�.�,..,.�...�...: _..�...��..�,.�.,..,..,,_ -•�� _ _ . ;,-.�.�.�_-� : . : � . r �-�, � ' r ` � ' � . /t' , . � . . -- ---_-- — -------------_ ---- — — ---- wH�TE - Cirr CLERK PINK � FINANCE GITY OF SAINT •�. PAUL Council - � CANARV -DEPARTMENT File NO. �_ / OI.U�E - MAYp11 � � rdin�nce Ordinance N . ; �� , � Presented y �� Referred To v'�� — �r t Committee: Date Out of Comm� tee By';. Date A le�islative ordinance amending the b ild�ng and housing code by adding a r vis�on for the identification and P � re oval`�;of youth gang graffiti . THE COUN IL OF THE CITY OF SAINT PAUL DOES ORDAIN: '";� ''`� Section l . � Tha the aint Paul '?�egislative Code, Building and Hous 'ng Code, islhereb amended so�as to add the following thereto: Dec arati 'n of policy. �'�The council finds that youth gan graf iti adversely �ffect the peace, safety, com- for and ecency of the S int Paul community and its you� . T e council finds hat for the protection of the ity', youth and neighb rhoods the timely removal of uth 'ang graffiti is ap ropriate coupled with the nfor ement of statutes a d ordinances concerning van lism. The ouncil finds that there ar several youth gangs oper ting ithin the city and th t these gangs are unde irabl for the City of Saint aul and are de- mean ng to its youth. Exposure to the graffiti of thes gang' adversely affects the e�otional well- bein of c ' ty youth and creates peer pressure on city yout to j in these undesirable and meaning organi- zati ns. The lounci ' further finds that youth ga g graffiti are sed t identify claimed areas of ga g control or marklgang erritory. The council finds at quick re- mova of t 'e graffiti prevents the entren hment of COUNCILMEN Requested by Departm�nt of: Yeas Nays II Fletcher I u�eW � In Favor Masanz Nicosla I g `i Scheibel I A gal[1 S t Y Tedesco I Wilson I `�-� Form Approved by City Attor�ey Adopted bY-�ouaclil: I ate � Certified Passed by Council II ecretary BY By Approved by Mayor: Date I Approved by Mayor for Submission to Gounci By By I t ,. : r.. . T. � .; � ,,. 3...�, � WMIY£ - CITV CLERK � � � � � � � � �� C NARV-DEP R MENT �� . . ...4 . .. �'�,.... �COIIIICII .'. �' y �� B�ve _,�,,,,oR GITY (yF .S�AINT PALtI� File NO. - �' :-��'�` ` , �_ • _, � . � � � 4rdanance : �inance N O: y , . � � . £ •� ; _ Present BY_+. �:.,..-'' �' �,: � �� r�� , ,��, : k Referred To � � . r�...±.,��-��-�`�'}°"< � r:{ :.�.._: . � � , { Committee: Date —� �, �f Out of Commi tee By Date � �' :,�. , 1► eQisla►tiv� t>rdAr� �ie� t!� �>: bu t�ing �d luwsi�+g c�ds b�/ addfn� s .._ si� for �de 1e�n�ificaLi� �nd a3, ot yoestte ge�q grsffitl. !H� L C�' CI3"Y E�!` 511I11'!' t1�tJ�. �S t'i�DAIiI s ' � . S�etloa �. � Tl�a �e is�t P�1 Lsgislatirer t�arde. �.ildi,� a�d Ha�s. �od�e• i+� a�td�d so es to atlt! t�t fdllqtitsq t�t�eraYto t � ot pol.ic�. '!!�e c�il finds tha� � F � �ra� ti a�da�ra�ly atl�t tl�t Ps�rcae. a�a!'�►. s�- ` ` :� !'+prt �qr�c! of #b�r Sui�t Par�2 co�itp ae�# its _ :� �t+ou . voaa�cil !`inds �h�tt ft,rr t�e p�tict,#op �!' ' , tt�e i�t's �tth a�nd rri�tu�ds t�e t#ve3� �omt1 � � t� statti.ti is apFroP:'i.att e�piat �tb s: t� t o! statates md ordine�cas ��is�g_ � �� . . . . _ . f �. . . . . . . . . . . . . .,� .� Tbs i finds l.A�t � sr�re a�arrsl �cru�h � � i� t�in �r cit�► �d #�t tl�s� � aro •1 . s�fl ior �r Ci� of Sti�ti� laal a�et are d�- `� � ts y�. B�t�s�ct fi� !� �ra�"fiti �of � a�dv�errselT a!'fs�s �e Mative�l �el.l.. � ' t�t� �tt� a�d �t�s paNerr ,p�'�lssu�r +dn e�iEy , t� � tt�a�e fs�rsirsb�le a�d 4�i�f v�e�.- .: . �tt! � Tb� ll�rtl�r fi�els t�at �uth g� Qr'+�tt��i ara i+dan�i ty ela#�s�! areas at y� e�wtsal a�r . �srk cito�ryq ?t�s c�cil �1�3s t�at +c�i�k r�r-� eo�►al ot Qraf!'iti pr�etts '� �nttv�er�� m�!` , '< ,.�,,,. COUNCILMFN � ` �'� � .°�� ,: f _,, -,�. 12equested by Departmeni of: � �''�►"�B �SFy'� ?'�` -- : ,..,. � , . . FfiMchK . , y, �w _,. � [n Favor M�ssns �i Against BY _ Ted�o 1Afllson Form Approved by Cit}� Attorneq Adopted by Council: te _ _ V Cerfified Passed by Gouncil eretary � BY " , By _ �- ° 4 , _ Ap�r�ve�d hlc Msyor#or Submissiaa ta Cown�i . - -:� A�proved by Mayor. ' Date '� _ _. By By I � � � i� U �7 . . ,. . . , . . ��'� . . th '�ang . �: Th cofi,�n il hereby declares its intention to mini- mi e yo h gang graffiti within the City of Saint Pa l . T public policy of Saint Paul is declared to � e th °�uick removal of youth gang graffiti to lim' t it a�iverse impact on city youth and neighbor- hoo� s. out`'�� gang graffiti is hereby declared to be � public n�isance. ��>, �• Section 2. `,� <,,. Def nitio s. For �'�urposes of this chapter , the terms def ned i this sec''�lon shall have the meanings as- cri ed to them. '� ,�4. "Yo � th ga g" shall mea� any organization primarily com �rised of minors who°�band together and claim territory within the cit for themselves by the in- scrl tion of their symbol on any structures witY�'n th city and have b en identified by the city poli� e as such an organizat on. "You, h ga g graffiti" are mar�s , symbols , designs , insc iptio s or other drawingss�used by or associated with'� youth gangs in any manner �ncluding an attempted desi natio of territorial clai of the youth gangs , disp� ayed ithout permission on�blic or private stru tures "�, � ` Section 3. N�.. F.. Cityll olic to identify. The city pc�,lice personnel shall; iden ify the youth gang graffit� as described in S� tion 2 during their regular cour�e of duties. The c',' ty p lice or their duly authorizent� personnel may enter'� upon rivate premises at any reaso�able time for the p� rpos of carrying out any of the di:�,ties assigned to th m und r this chapter. Whene� er th Police Department believes th�t youth gang � raffi i exist as defined in Section �: on any priva e or ublic property in the city, it �hall report its f nding to the city council . 2. . � . . �� . . . , . . . � h I '� � Section 4. Co � cil arings. The city council of the city of Sai t Pau will hold hearings to determine whether the�� uth gang graffiti identified by the police dep rt en are in fact youth gang graffiti and the efo tie a nuisance as defined by this chapter. Not'� ce of �he city council hearing will be given to the ��prope t'y, owner ten days before the hearing. ��' Section 5 . ' �� A fi� ding of yo�h gang graffiti. If the council dete�� mine that a4�nuisance exists , the owner or pers� ns i control'°^�of the property involved will be noti ied b register*:ed or certified mail of the youth gang�� graff' ti and th�,notice shall direct that the graf iti b removed iri`�;an appropriate manner by such owne or p rson in char`�e within ten days after the rece pt of such notice. '` The notice shall also state that � if su h nuisance sha�,l not have been abated � with'n the time provided, �he city, by and through its epart ent of public wo$�s may abate the nuisance at t e cit ' s expense. �� ,�� ,i Section°.;�6. ��. Remov', l . e department of publ�,c works will remove the y uth ng graffiti in a mann�r deemed appropriate by th Dire tor of Public Works . 0.� f� Notic of t e method to be used for�y',r�emoval of the graff ti us d by the city will be gi�n to the property owner ', ten d ys prior to the commencem�nt of graffiti remov 1 . "�: �. ; The o ner o the property may appeal the<. method of youth '�yang raffiti removal to the counc�l . The ci'� y pu lic works personnel or their c�,uly authorized agents', may nter upon private property at �iny reasonable time f', r th purpose of carrying out any of the duties assign d to hem under this chapter. , 3. . . < ' . . . �, . � • . --- ------T- �WHITE - GI TV CLERK PIHK - FIHANCE CITY OF SAINT PAUL (/� , �GANARV - DEPARTMENT / Council OI.UE � MAVOR File NO. y Ordindnce Ordinance N0. Presented By Referred To Committee: Date Out of Commi tee By Date , Section 7 . .� In� rfere ce. It is unlawful for any person to pre nt, elay or interfere with the city police dep r en or the city public works department whi e e are engaged in the performance of duties imp sed this chapter. � 4 Section 8 . Thi ord nan�e is deemed to be a part of the Sain Paul Legislat ve C de �d shall be incorporated therein and given an appr priat cha ter and/or section number at the t 'me of the next revis on of �aid Legislative Code. �`�, Section 9. � Thil ordi' ance shalle take effect and be in force 3 days after it pass ge , approval�and publication. ��, '� ;. .,< .� p�'`,. .s� 4. COUNCILMEN Requested �liy Department of: Yeas Nays II Orew Nicosia ln Favor — Rettman s`he�bei Against BY Sonnen Tedesco Wilson �`� For Approved y orney Adopted by Council: I Date � Certified Passed by Council Secreta B By Approved by Mayor: Date i Approved by Mayor for Submission to Coun il By By