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84-940 WH17E - CITV CLERK P PINK - FINANCE CANARY - DEPARTMENT GITY OF SAINT �� PALTL COUIICl /��/ �BLUE -MAVOR . Fll@ NO. u • � �� J ( �Or �n nce Ordinance N�. ,l 7�..5� Presented By �Referred To �SL�T�� Committee: Date �— � � _��` Out of Committee By Date An ordinance providing for the regulation of conduct on park property; amending Chapter 170 of the Saint Paul Legislative Code. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Chapter 170 of the Saint Paul Legislative Code is amended by adding a section to read as follows : /��0. 10.7 �RESPASS, OTHER PROHIBITED AC�'S; RULES AND RE'GULATIONS.�' Subdivision l. /FURPOSE_7' The purpose of this section is to af�ord a means of ma.intaining and using the parks under the jurisdiction of the city of Saint Paul in a manner which is consistent with the maximum enjoyment by all persons and pro- tective of the natural resources therein. Subd. 2. /DIRECTOR, DUTIES; RULES AND REGULATIONS_T The director of the department of community services, hereinafter called the "director," is responsible for the supervision of all park grounds, buildings, fixtures, and structures and ha.s responsibility for their care and maintenance. The director sha.11 make reasonable rules for the use of the park which sha.�l be approved by the city council by resolution. The rules may include but are not limited to the regulation of the use of facilities, f ixtures , and other park property, designated areas for �icnics , eating�and sporting events , and the operation of motorized vehicles and bicycles in the park. The COUNCILMEN Yeas Nays Requ ed by Department of: � Fletcher Drew In Favor Masanz , Nicosia Against BY � ' Scheibel ' Tedesco Wilson Adopted by Council: Date Fo ed by City Attorn . Certified Passed by Council Secretary B � � By Approved by Mayor: Date Approved by Mayor for Submission to Council By By . � - . � - �I j= ��9�� Page 2. rules shall be on file with the city clerk and shall not take effect until after passage of the resolu- tion. The rules also shall be conspicuously posted in the park, but proof of posting is not a necessary element of proof of a violation. The director, recreation director, or other park employee having apparent authority to enforce park rules has the authority to eject from the park or playground any person whose conduct does not conform to the rules . Subd. 3. /15ROHIBITED ACTS,7 No person shall do any of the following within a public park: (1) Engage in any conduct which creates or incites an immediate breach of the peace. Such conduct includes , without limitation by reason of this specification: fighting, engaging in offensive, abusive, or obscene lan�uage or in noisy or boisterous conduct tending to cause a breach of the peace or to arouse alarm, anger, or resentment in others. Offensive, abusive, or obscene language includes personally abusive e�ithets or words or language of an offensive, disgusting, or insulting nature, which, when addressed to the ordinary citizen, are, as a matter of common knowledge, likely to provoke a violent reaction or fear, anger, or appre- hension. Such conduct further includes disturbing, harassing, or interfering with any park employee or park property, park visitor or park visitor's property, and intentionally disrupting the orderly operation of the park or playgrounds . (2) Throw or cast any object carelessly or heedlessly in disregard of the rights or safety of others or in any ma.nner so as to endanger any person or property. (3) Use loudspeakers or public address systems without written permission from the director. . � � � � ` - (,�1—' �y- 9ya Page 3. (4) Persistently interfere with the orderly conduct of games or play by the participants therein. (5) Violate any part of Chapter 170. (6) Violate a park regulation adopted pursuant to Chapter 170. Subd. 4. �NFORCEMENT AND PENALTIES.7 (1) Any peace officer, director, recreation director, or other park employee having apparent authority to enforce park rules who observes or has probable cause to believe that a person is violating or has violated any part of this section or the rules promulgated under it shall order that person to refrain from doing the proscribed conduct. If the person to whom the order is directed refuses to obey the order, the officer, director, or park employee may order the person to leave the park for the remainder of that calendar day. The person may be ordered to leave irrespective of whether or not the person has been ordered to desist from the activity. Any person who refuses to leave after being ordered to do so is guilty of a misdemeanor. (2) Any person who has left the park af ter being ordered to leave by a peace officer, director, recreation director, or other park employee having apparent authority to enforce this section or park rules shall not return to the park during the same calendar day. Any person who violates this provision by �return- ing to the park on the same day is guilty of a misdemeanor. Subd. 5. /FROCEDURE FOR EXPELLING SOMEONE FROM THE PARK FOR A PERIOD IN EXCESS OF 24 HOURS.7 A person may be expelled from the park for a period in excess of 24 hours . The director, recreation director, or other park employee designated by the director to maintain order on the park or playground, may notify a person that consent to � - � � � - �� y 9��> Page 4. remain on the park or playground under the control of the park director has been withdrawn whenever there is reasonable cause to believe that the per- son has intentionally disrupted the orderly opera- tion of the park or playground. The notice shall be in writing and a copy kept by the park office. Whenever consent is withdrawn by any authorized employee other than the director, the recreation director or employee shall, as soon as is reason- ably possible, submit a written report to the director. The report shall contain all of the following: (1) The description of the person for whom consent was withdrawn including, if available, the person's name, address , and phone number. (2) A statement of the facts giving rise to the withdrawal of consent. If the director or, in his absence, a person designated by the director for this purpose, upon reviewing the report, finds that the person has intentionally disrupted the orderly operation of the park or playground, written confirmation may be entered upon the report of the action taken by the officer or employee. If the director or, in the director s absence, the director's designee does not confirm the action of the recreation director or employee within 24 hours after the time that consent was withdrawn, the expelled person may return to the park or plapground 24 hours after issuance of the initial order. Any arrest made during the 24-hour period shall be valid and deemed to have been made with probable cause insofar as the initial order is concerned, irrespective of a failure to confirm the action of the recreation director or employee. Evidence of a failure to confirm is inadmissible at trial. Subd. 6. �EINSTATEMENT.7 Consent shall be reinstated-'by the director whenever there is reason to believe that the presence of the - � - � - � �y- �� Page 5. person for whom consent was withdrawn will not constitute a substantial threat to the orderly operation of the park or playground. In no case shall consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn. The person for whom consent was withdrawn may submit a written request for a hearing on the withdrawal within the two-week period. The written request shall state the address to which notice of a hearing is to be sent. The director shall grant a hearing on a date not later than seven days from the date of recei�t of the request and shall immediately mail a written notice of the time, place, and date of the hearing to the person making the request. Subd. 7. /�ONSENT WITHDRAWN; RE-ENTRY ON PARK PROPERTY.�` A�y person who has been notified by the director, recreation director, or other employee desigrr�ted by the �director to maintain order on the park or playground that cons�r�t to r�main on the park or �lay�round has been with- drawn pursuant to subdivision 6, and who has not had the consent reinstated, and who wilfully and knowingly enters or remains in or upon the park or playground during the period for which consent has been withdrawn is guilty of a misdemeanor. Subd. 8 . �EPEAT OFFENDERS_7 Any person who has been expelled from the park or playground under the provisions of subdivision S two or more times within the preceding 12 months and who re-enters the �ark or playground and violates this section or any rule promulgated under this section is guilty of a misdemeanor. WHITE - CITV CLERK PINK - FINANCE COl1I1C11 1� CANARV - DEPARTMENT CITY OF SAINT PAUL o � �BIUE -MAVOR File N0. O�— �7' Ordin�nce Ordinance N�. � 7/�'! Presented By Referred To Committee: Date Out of Committee By Date Page 6. � S�ction 2. If any portion of this ordinance is determined to be unconstitutional or otherwise illegal, all .other provisions shall remain in full force and effect. Section 3. This ordinance is deemed a part of the S�int Paul Legislative Code and is incorporated therein and sha.11 be given an appropriate chapter and/or section number at the time of the next revision of said Legislative Code. Section 4. This ordinance shall take effect and be in force 30 days af ter its passage, approval and publication. COUNCILMFN ' - Yeas Nays Requested by Department of: Fletcher � Drew �R FBVOT Masanz � NiCOSia A gai ns t BY Scheibel Tedesco WNleen' Adopted by Council: Date AU� 3 O 198� Form Approved by City Attorney Certified Pa ouncil S t BY Ay Approved by Mayor: a e — � 1 �APproved by Mayor for Submission to Council . By PUBUSHEO �E� F - 1984 � zi� � � ., � : t'� P'�-�� : �, �R�� ,.�.��a��rr V �..�.. ��... �. ACT . . 4�A ,�,�� :.,�,�„�s�n „ 'DVITE �� . : (l�ou�ing �d_E�pl�atitx� �eet) /�si N�b�er f+�r ii�wtin �rder �'!� Ai� Locat3ans �r` : �l S� �ure : : �Y �epa�nt Oi r�ctor . � �. City Atta�n+ey �� `� _ . �i ?,._ Di re�tvr of Menage�ent,/Masror' S/�� FI�/� n � ____,; F'��ance ar��t �I�ag�nent Servi ces D�rector ,� �AY�3 �98 � - :�� L�� C�'e�� . . .. .� . . � ... .��I r . " . . .. �' BUCiget Di rector �R S�'FF�CF --,,.- . . �..,.. : : : _ ��.. . : i,i�at Wi l 7: be Ac#��e�ed b Taki n Act3 0� +or, i�e ll�ched ��teri a�s? - s� �f o '�e i �e�establ'ishment of� �he Tr�s e�ss ather .fi . . . ` . . : . . . . ; provisions of �1�e Pnr ecrea an n�nce. Ru��s and Regulations to foliow and be -adopted by Council Resolu�ion.: Fiaa�tcia], Rud��a�"S► �rtd-PersQnn�ei I��+cts An�iclp��tedt ,�____., � �— — -._.� _�_�__ NON£ - . < _ _ . �un�ti ng Source a�nd F�d A�tt�►3 t�r H�dbe� �trar�ed or r�ed1 ted: � . - R....�.r.., �r�.+r '...�. �... . .r».,..ri . . . . PIOT'APPI ICA�kf I4tt�#�aae�ts �I.iSt �d N�nbe,r aii Attact�errts�: i. �rr��" ` � . DEFA�t7�1T� CI'I`1r-AT1'�I'�IEY REVIEi�t ; `_,_,_ Yes � No Co�c�i i�:salutia� Required? 1�esqiution Requ�r�d? Y�s �a - � Yes � No Insurance Required? Insurance Suffi�ient? l,,, Yes No � Yes : �la Insuran�e Attached? Revisia� of t}ctaber, 1982 (See Reverse Side for 'Instrtutions} _. s . ` . ., . . � . . �- . - � . �. a� . . .. .� �, ' . . . . �a � . . . � . , � : . . � . . . . .. � , . � .�. . , . . . � � � . . . .� �..� . � .� �� M�� iYi� iT�� - . ... - � � � .. .. � - . . � � � �r.��Yii� iw�ww�n...ir�.ru�rw.��ir.�ir..r.r�� . . . . _ . . � � ��;1i� �Ylttd,l p131"e0$eS: . . � 1. T� ,��,�„a�,t a uti�q dQC�me�ta a�ad ;in securinq -r�tu a�.�ina►�u�c+ss . 3. To ��s reviewers o� docn�nts on the im�a�a � otapproaa .r.�..._...�.,�.... 3. Sb iulp ,as��s �bat neece�sarp su,�c�_;r,rt�i ,,�s�te� a � a�„rsr,p,�r'e_�r+a„jced a�uT, if requited, attaehea�:-� �� at G�� S��'1` ac�ie�s m�st 5e rev��re3 yv a tia�ar"�..�e.�t �ir+�c�^Wor, �s C3.ty �t,.�vra�y, ta� D i,.�or o� i�aonaqamsr�t, t#�e ' Dite�cr �t F� aad Mauaqemieat Sert►iees. Qtt�r pomsible r�vf�w�3�s�.qu�et�tres ar� listed. : BI�E3►3� , . .. M,�`ost o#s,t,�h+e 6�88�t S�s haa+,��in,�qa,�.�ara ds�iq�d to a_sa3,at�.a 3,x� � .. � �i��i�i�'�.��Qi�iii��lQ7i�lir iu:riru■rr■�+�i�iw i�.w.A �Cr� .�.f�A�- ai►t�lY� � � � - . , . rapr�aseat. �e a�aa�+�s ar� c�=ared �.o -r.amiad uaers o# soaas _ ' of t� mc�r� arit3.�a3 eilmmnts af t3�# b�c�.ot. The F g 3. � •�d-P+er��a a s i�eadfsi�g prQVid�es i :pa� to e cos� �+� aspe s o th�e de�isivn. . ' .Cos�s.aad batse#ittt =tl�te� bc�th ta Citp budq�t tG�eral Ft�nd and/or 3�ecia3. Funda�� a�+td `tio b�oadeer fiaanci�l impac�s ��co� to uaat�, �aa�t�cs or. v�:hss +g�car�ps affea�d by t3�+e a�t3�►A? . The �cso�l 3�pact �a a d�st�r�ic�n of c� or sb3ft of Fu13-Time Fqu�.va3.eut t�? positirort�. ' : .. ' .� � � �+Mr.nwM�i��n�i �r� � ir��w . . � . . . � .. . . �f i.;. . . '.� ' . . . . . � . � . .. e.ae.i,a . ,. . . . . . Is� t�aet' Att�� ts saction, list all atta+chments. If the GRBEN ; S��T is "�. ., . , r� 2ttter o� traassa#ttai need � ineiudsd {nnless sic��,t�q s�h a Ietter is one of the requ�ated sctionsl . Not�: A,�tio�� ich re, u��,� City Coun�il resolutions iucluc#e: ` a, Coatra�t�i r�lation�hip w�.th a�ot�r g�o�ra�a�tnt aait. � � b. Colifet�v�e bargair�ti�q. c. Pn�cha�se vr sale of la�d, or leasa of land. , ' • d. 2ss�saisce of �onds by City. e. Eminant d,o�aaia. ' g. A�ssum�tic�n. of liability by City, or qranting . ' by City of 3sidemriification. q, Agreeab�nt$ with 8tate or- Federal Governaoent under mhiel� they are providinq funding. Dt�ate alao: If an aqreement requires evidence af insurar�ice/co- ; i.nsuranee. a Certif�.cate af Iaisurance should� he ane of the attaclu�nts at time of routinq. , r_...___ _ � + � + �,� . .- � � a � � `�� . .�,,.. _ � �. �� - CITY O�` SAINT PAUL ' � -' OFFICE OF TFIE CI'�CY COIII�TCIL .,,.,.•, � �,, ,.i.......... '�_':;.t�'= ` D a f e : August 14, 1984 �� -�:-. - . COMM (T'�' � E RE PORT TO = SQ�n� PQU ! Cifi�+ Coc��cit _ - F� � � ' C�m[�ll�`�'�� Oh LEGISLATION C H Al R : JOHN DREW Agenda Item # 2 Consideration of an ordinance pertaining to campaign contributions; amending Chapter 28 of the Saint Pau� Legislative Code. Committee recommends approval of revised ordinance, attached. -Agenda - - Item � 3 Consideration of� an ordinance repealing Chapter 28 of the Saint Paul Legislative Code pertaining to elections and campaign contributions. � Laid over. Agenda . Item � 4 Consideration of an ordinance providing for the regulation of conduct on park property; amending Chapter 170 of the Saint Paul Legislative Code. (C.F. 84-940) Committee recommends approval . ^_ITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 ��r„ PINK - FINANCE CANARV -DEPARTMENT GITY OF-�SAINT � PAUL COUIIClI`, �j •LUE - MAVOR _ Fll@ I�O.- U � �� • O/ WZ/`�/`CG � Ordinance NO. Presented By Referred To � Committee: Date Out of Committee By Date � An ordinance providing for the regulation of conduct on park property; amending Chapter 170 of � the Saint Paul Legislative Code. , TEiE COUNCIL� OF THE CITY OF SAINT PAUL DOES ORDAIN: . � � Section 1. That Chapter 170 of the Saint Pau1 Legislative Code is . amended by adding a section to read as follows: /�70. 10.7 �TRESPASS, OTHER PROHIBITED AC'�S; RULES AND R�GULATIONS_�' Subdivision l. �RPOSE_�' The purpose of this section is to af ord a means of maintaining and using the parks under the jurisdiction of the city of Saint Paul in a ma.nner which is consistent with the maximum enjoyment by all persons and pro- tective of the natural resources therein. ..�;.� n Subd. 2. �IRECTOR, DUTIES; RULES AND REGULATIONS.7 The director of the department of community services, hereinafter called the "director," is responsible � for the supervision of all park grounds, buildings, fixtures, and structures and has responsibility for � their care' and. maintena.nce. The director shall � make reasona.ble rules for the use of the park which � shall be -approved by the city council.by resolution. The rules ma.y include but are not limited to the � regulation of the use of facilities, fixtures, and ` other park property; designa.ted areas for �icnics, eating�and . sporting events, and the operation of motorized vehicles and bicycles in the park. The COUNCILMFN � Requ ed by Department of: Yeas Nays — ,� Flstcher � o��,,, . In Favor Masanz ' , Nicosia Scbeibsl Against BY � ; Tedesco Wilson � Fo ed by City Attorn Adopted by Council: D�ate ' t � Certified Passed by Council Secretary B �` � By Approved by Mayor: Date Approved by Mayor for Submission to Council By By 00 . �- ��9�`� Page 2. � rules shall be on file with the city clerk and shall not take effect until after passage of the resolu- tion. The rules also shall be conspicuously posted in the park, but proof of posting is not a necessary element of proof of a violation. The director, recreation director, or other park employee having apparent authority to enforce park rules has the authority to eject from the park or playground any person whose conduct does not conform to the rules . Subd. 3. /gROHIBITED ACTS.7 No person shall do any of the following within a public park: (1) Engage in any conduct which creates or incites , an immediate breach of the peace. Such conduct includes , without limitation by reason of this specification: fighting, engaging in offensive, abusive, or obscene lan�uage or in noisy or boisterous conduct tending to cause a breach . of the peace or to arouse alarm, anger, or __, resentment in others . Offensive, abusive, or obscene language includes personally abusive e�ithets or words or language of an offensive, disgusting, or insulting nature, which, when addressed to the ordinary citizen, are, as a matter of common knowledge, likely to provoke a violent reaction or fear, anger, or appre- hension. Such conduct further includes disturbing, ha.rassing, or interfering with any park employee or park property, park visitor or park visitor's property, and intentionally disrupting the orderly operation of the park or playgrounds . (2) Throw or cast any object carelessly or heedlessly in disregard of the rights or . safety of others or in any manner so as to - endanger any person or property. � (3) Use loudspeakers or public address systems without written permission from the director. . - . �- . - G�I=�y 9�0 . Page 3. (4) Persistently interfere with the orderly conduct of games or play by the participants therein. (5) Violate any part of Chapter 170. (6) Violate a park regulation adopted pursuant to Chapter 170. Subd. 4. �NFORCEMENT AND PENALTIES.7 (1) Any peace officer, director recreation director, or other park emp�oyee ha.ving apparent authority to enforce park rules who observes or ha.s probable cause to believe that a person is violating or �has violated any part of this section or the rules promulgated under it shall order that � person to refrain from doing the proscribed conduct. If the person to whom the order is directed refuses to obey the order, the '""officer, director, or park employ"ee may order the person to leave the park for the remainder of that calendar day. The person may be ordered to leave irrespective of whether or not the person has been ordered to desist from the activity. Any person who refuses � to leave after being ordered to do so is , guilty of a misdemeanor. (2). Any person who has left the park af ter being ordered to leave by a peace officer, director, recreation director, or other park employee having apparent authority to enforce this section or park rules shall not return to the park during the same calendar day. Any �erson who violates this provision by �return- ing to the park on the same day is guilty of a misdemeanor. � Subd. 5. /FROCEDURE FOR EXPELLING SOMEONE FROM THE � PARK FOR A PERIOD IN EXCESS OF 24 HOURS.? A �erson may be expelled from the park for a period in excess of 24 hours. The director, recreation director, or other park employee designated by the director to maintain order on the park or playground, may notify a person that cons�ent to v� . - . -V - - , ��G/- 9� Page 4. � remain on the park or playground under the control of the park director has been withdrawn whenever there is reasonable cause to believe that the per- son has intentionally disrupted the orderly opera- tion of the park or playground. The notice shall be in writing and a copy kept by the park office. Whenever consent is withdrawn by any authorized employee other than the director, the recreation director or employee shall, as soon as is reason- ably possible, submit a written report to the director. The report shall contain all of the following: (1) The description of the person for whom , consent was withdrawn including, if available, the person's name, �address , and phone number. (2) A statement of the facts giving rise to the . withdrawal of consent. � If the director or, in his absence, a person designated by the director for this purpose, upon reviewing the report, finds tha.t the person has intentionally disrupted the orderly operation of the park or playground, written confirmation may be entered upon the report of the action taken by the off icer or employee. If the director or, in the director s absence, the director's designee does not confirm the action of the recreation director or employee within __ 24 hours after the time that consent was � withdrawn, the expelled person may return to � the park or playground 24 hours after issuance of the initial order. Any arrest made during the 24-hour period shall be valid and deemed � to have been made with probable cause insofar . as the initial order is concerned, irrespective . of a failure to confirm the action of the recreation director or employee. Evidence of a failure to confirm is inadmissible at trial. Subd. 6. �EINSTATEMENT.7 Consent shall �be reinstated—'by the director whenever there is reason to believe that the presence of the . _ .- � , � f�-- �y 9�� . , Page S. person for whom .consent was withdrawn will not constitute a substantial threat to the orderly operation of the park or playground. � In no case sha.11 consent be withdrawn for longer than 14 days from the date upon which consent was initially withdrawn. The person for whom consent was withdrawn may submit a written request for a hearing on the withdrawal within the two-week period. The written request shall state the address to which notice of a hearing is to be sent. The director shall � � grant a hearing on a date not later than seven days from the date of recei�t of the request and shall immediately mail a written notice of the time, place, and date of the hearing to the person making the request. Subd. 7. /�ONSENT WITHDRAWN; RE-ENTRY ON PARK PROPERTY.7'-` Any person who has been notif ied � by the director, recreation director, or other employee desigrgted by the director to ma.intain order on the park or playground that cons�nt to re ain on the park or �lay�round ha.s b"een with- drawn pursuant to subdivision 6, and who has not had the consent reinstated., and who wilfully . and knowingly enters or remains in or upon the park or playground during the period for which consent has been withdrawn is guilty of a � misdemeanor. � Subd. 8. �EPEAT OFFENDERS_�] Any person who has been expelled from the park or playground under the provisions of� subdivision 5 two or more times within .the preceding 12 months and who re-enters the �ark or playground and violates this section or any rule promulgated under this section is guilty of a misdemeanor. v, r1nI�nC:G � �OunC ll C1INARV — DEPARTMENT GITY �OF J�,SA�,NT PAUL F`Ile aNO. OIUE — MAYOR • 0 rdinc�nce Ordinance N 0. �� Presented By ' � Referred To Committee: Date Out of Committee By Date � Page 6. j � S�ction 2. If any portion of this ordinance is determined to be unconstitutional or otherwise illegal, all .o.ther provisions shall rema.in in full force and effect. Section 3. This ordinance is deemed a part of the Saint Paul Legislative Code and is incorporated therein and sha.11 - be given an appropriate chapter and/or section number at � the time of the next revision of said Legislative Code. Section 4. This ordinance shall take effect and be in force 30 days af ter its passage, approval and publication. COUNCILMFN ' � - Yeas . Nays Requested by Departmetrt of: - Fletcher ' o,�,,, . In Favor � Masanz Nicos�a Against BY Schsibel Tedesco Wflson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY sy Approved by Mayor: Date � Approved by Mayor for Submission to Council By ` BY � �� G� �� 9�d � � . I ',y r' sO� . CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM August 22, 1984 - T0: Councilman John Drew FROM: Robert P. P�\�� SUBJECT: Park Ordinance There apparently was some confusion about which Park Ordinance was to be adopted by the City Council . The copy of the ordinance which was originaily introduced by Councilman Fletcher was modified when the prosecutor noted some minor changes which were needed. A copy of these changes is attached for your information. The ordinance introduced 6y Counci�man Wilson includes these changes and should be substituted for the Fletcher version. Both are substantially the same and deal with trespassing in the parks. We will be forwarding the rules and regulations for the park and recreation system as soon as they are redraf ted. The rules and regulations will be adopted 6y Council Resolution at that time. If you have any questions, please feel free to contact me at 298-4126. cc: A1 Olson, City Clerk �':-� so �� ' . •� . , ' ` . _ _� � ' �f`=��I- 9�/� ORDINANCE ' Minor changes �in language for -the sake of form. ALSO � P. 2 Line 3 ."shall be" instead of "may be" posted - better for proper notice,(but proof of posting not necessary element of proof) � P. 2 Subd. 3 (1) Substantial change in language at request .of prosecutor - to mor.e nearly describe offense. • � Also substituted "intentionally" for "wilfully" (proof) P. 2 Subd. 3 (3). Original draft used term "stereo speakers" as well. Since lots of people play radios and cassettes , etc. , in park, unless we specify some decibel level at which this is prohibited, or specify some sort of annoyance to others . . P. 3 Subd. 4. Reworded for sake of form. P. 4 Subd. 5./ Specified notice to be in writing. P. S SubcT. `6, 7, 8, reworded for sake of form: � . � . . . � r �/��77"� Page 2. eat g and sporting events , and the oper tion of moto ' zed vehicles and bicycles in the ark. These ules shall be on file with the ity clerk, and sha 1 not take effect until af te passage of the r solution. These xules als may be conspicuo sly posted in the park, t proof of posting is ot a necessary elemen of proof of a violation. The director, recr tion director, or other par employee having a arent authority to enforce pa rules shall hav the authority to eject from e park or play round any person whose conduct do s not confor to such rules. Subd. 3. Prohibit d acts. o person shall commit any of the followin acts w thin a public park: (1) Commit any act w ich creates or incites an immediate breach f the peace. Such conduct `� shall include, wit ut limitation by reason of this specificat' fighting, obscene � language, or nois o �boisterous conduct tending to cause br ch of the peace; personally abusi e epi ets, or words or language of an ffensiv , disgusting or ' insulting natur , which ithets, words or language, w en address d to the ordinary citizen, are, as a matter f common knowledge, inherently li ely to provok a vident reaction of fear, ang r or apprehensi n; words, language or statemen which by their ery utterance inflict inj ry or tend to inci e an immediate breach of e peace; disturbin harassing or interfe ing with any park pro erty, park visitor or park visitor' s proper and wilfully disrupting the orderly operation the park or playground. (2) Throw or cast any object carelessly or heedlessly in disregard of the rights or safety of others or in any manrier so as to endanger or be likely to endanger any person or property. (3) Use loudspeakers, stereo speakers or public address systems without written permission from the director. (4) Persistently interfere with the orderly conduct of games or play by the participants therein. � � 0 �'/�7d Page 3. (5) Commit a violation of a park regul tion. (6) mmit a violation of any part o Chapter 170. Subd. 4. Enforcement and enaltie . - (1) Whenev r any peace officer, irector, recreat 'on director, or oth r park employee having a arent authority o enforce park rules sha 1 observe a per n violating any part of th section or r les promulgated thereunder shall have probable cause to believe that person h s committed any such violation, he hall or er that person to refrain from d 'ng th proscribed conduct. If the person t who the order is directed ti refuses to obey e rder, the officer, director or park oyee may order the person to leave th park for the remainder of that calendar d irrespective of whether or �not the person ha been ordered to desist from the ctiv ty. Any person who , refuses to leave after being ordered to do so shall be gui ty of a misdemeanor. (2) Any person who has left e park after being ordered to leave by peace officer, director, re eation direc or, or other park employe having appare t authority to enforce ark rules shall ot return to the par during the same c lendar day. Any perso who shall violate t is provision by return ng to the park on the same day shall be guilty of a misdemeano Subd. 5. Proc dure for ex ellin someon from the park for a period in excess of 24 hours. A person , may be expelled from the park for a period in excess of 24 hours . The director, recreation director or other park employee designated by him to maintain order on such park or playground, may notify a person that consent to remain on the park or playground under the control of the park director has been withdrawn whenever there is reasonable cau. se to believe that such person has iailfully disrupted the orderly operation of such park or playground. Whenever consent is withdrawn by any authorized • • ' Y �d7'�� Page 4. emp oyee other than the director, suc recrea- tion irector or employee shall , as oon as is re onably possible, submit a wr ' ten report to the director. Such repo shall - contain 11 of the following; (1) The escription of the pers n from whom onsent was withdrawn including, if ava' lable, the person' s name, address and ph e numb.er. (2) A statem nt of the fact giving rise to the withd awal of conse t. If the director r, in his bsence, a person designated by hi for this purpose, upon reviewing the rep rt, fin s that such person has wilfully disru ted t orderly operation , of the park or pla roun , he may enter written confirmatio up the report of the � action taken by the ff cer or employee. If the director or, in h' absence, the person designated by him doe not confirm the action of the recreation dir tor or employee within � 24 hours after the im that consent was withdrawn, the expe ed erson may return to the park or play round 24 hours after issuance of the in' tial or er. Failure to confirm the actio of the creation director or employee shall not be co strued to deem any arrest made ring such eriod to have been made withou probable ca se, and such evidence would e inad�issible at trial. Subd. 6. ftein tatement. Conse t shall be reinstated by the director whene er he has reason to bel eve that the presen e of the person from hom consent was with awn will not constit te a substantial threa to the orderly ope ation of the park or pl �ground. In no case shall consent be withdra for longer than 14 days from the date up n which consent was initially withdrawn. The person from whom consent has been withdrawn ay submit a written request for a hearing on the withdrawal within the two-week period. Such written request shall state the address to which notice of hearing is to be sent. The- director shall grant such a hearing date _ . . . . �� Page 5. not ater than seven days from the da e of recei t of such request and shall i ediately � mail a itten notice of the time, lace and date of uch hearing to such perso . Subd. '7. onsent withdrawn• re- ntr on ark property. y, person who has b en notified by the direc or or by a recrea ion director or employee d signated by the director to maintain order on such park r playground that consent to emain on t e park or playground has bee� withdra pursuan to subdivision 6, who has not had s h cons nt reinstated, and who wilfully and wing y enters or remains upon such park or p yg ound during the period for which con has been withdrawn is guilty of a misdem nor. Subd. � . Re eat off nd s. Any �person, having been expelle fro the p�,rk o�r playground , under the provisio s of s division 5 two or more • , times within the receding 2 months, who re-enters the park or play ound and ' olates any rule promulgated und this secti shall be guilty of a misdemeano . Section 2. Should any por ion of this ordirianc be determined to be uncons�£itutiona or otherwise illegal, all other provisions shall remain in f 11 force and effect. Section 3. This ordi a,nce shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given an appropriate chapter and/or section numb�er at the time of . the next revision of said Legislative Code. WMITE - CITV CIERK PINK - FINANCE GITY OF SAINT PAiTL Council CANARV -OEPARTMENT BLUE -MAVOR File NO. ��9 � Ordin��zce Ordinance N0. Presented By Referred To Com ittee: Date Out of Committee By Date Page 6. S etio 4. This ordinance shall t effect and be in force 30 days from and after its passa approval and publication. COUNCILMEN Requested by Department of: Yeas Nays F�etcher COMM,�INTTY SEQ�T(:FS �en� In Favor �, Masanz NiCOSia A gai ns t Scheibel Tedeaco Wilson Form Approved by City Attorney Adopted by Council: Date � Certified Passed by Council Secretary BY � By t Approved by Mayor: Date A by Mayor for Subm's i n to Council By �� r�'1y�y,ri'�a ,.,k r g� ��. �".'� : :. - �. � �. . -� . . � t � �� `�"��r�.,: � " ""r�, ` � �i`��`�` •O F. s A I 1'�T T �.A�T L Fiouncil N 0. �. � �; � � �1``��" �`� .: _ . . . ,_.4 .. . :� _ : ,� ..�...er� , . . ^ 4. � . � u�! .:. • � . .. ._ . . ` Ordanance ordinance NO. . i Pres�nted By �� . ��; Referred To '� Committee: Date �f . X - , ' Out of Committee By � Date �� . . r` . ,_ ' . . � � , j. °c' � � rf J � ,i. _ • `, , . � _.. -. . _. \ t,_..... .. � �� ' r� � � � � ,� �:.,� � �. . . . �� ... � � �� . � � � �' . - . �. � . -�� . � , . . ' . � � ' � . �;� .. � . � .•'1 .. � �. . ; .". ` , . .. � .. . . ' . .. � j�` �, F f� r i ' �h .: _ - . . . •.+. ' ' .,., . � . � � . ��y� � - ;..�� uuee � �� `�_ . . .` .. � .� . ��2 � Yru« .. . . . �.'. . . . . , . .. . . . . � . � . . �- - - � � - � , �t. � � . - x;� . . .. . `,,\ " . �,.. . � r� , � . � � . � � '•'r : � . . . � i` ::� ',4 ' . . ` . � . � . M � . �...r �.:, . ... � . � , .. �v?; �.. . . - r ' . . �� .. . . . � . . - .. � � . . i. , . .. . I . � . � � � . a �{ ' . . � .,�'°�-' . ' - , . � . . � � .+ �V M..� . , � � � , � . ,� COUNCILMFN Requested by Department of: ' .� Yeas N a�s �� F�etcner _ L'� �IC�'S . �},": _" csu� In Favor � Masanz �`�'` � Nkos�a . A a�nst � � Schslbsl g � �: lr Tedssco ��._ : `Wilson V.. Form Approved by City Attomey. � Adopted by Council: Date ��``��llL� �APB.�+��`�,:J��+��, v x s��,. - By r } � ��` „ Y� , �- . . B �.` . Y ,� " � � A��by Mayor for Subn's;ion to uncil - A�proved by Maycsi; Date , ` ., , ,: . , � ti �.` . � • . " � ' ` .,.; ''�f'S,:...� ....,» � By p ...t . � �� ^ `� ' ' � � � � �- �i;� � 1st - /7 �� 2nd a �. �:h - `� 3rd `f T Adopted o � � Yeas Nays .� .3U -�'7 DREW FLETCHER �� g�� MASANZ � r� - NICOSIA �Y �'� /� SCHEIBEL WILSON MR. PRESIDENT TEDESCO � . -