276749 `,� HITE - CITY CLERK
�iN�c 1,- IrANANCE Council �'6`�49
�ANARY NEPARTMENT C I T Y O F • SA I N T PA U L
t�UE F- �� MAYOR File N O.
� �
O/ W Z�f�L/`CG Ordinance N O. ! � �%�
Presented By '}t.-c-
Referred To Committee: Date
Out of Committee By Date
An ordinance amending Chapter 117�R�coQ�F�tD 17 O�
of the Saint Paul Legislative Code adding
a new section dealing with trespassing on
park property.
r
THE COUNCIL OF THE CITY OF SAINT PAUL DOES OftDAIN:
Section 1.
�'�O
That Chapter -�-'�- of the Saint Paul Legislative Code is
amended by adding a new Section �� to read as follows:
�70� � �
Subd. 1. Purpose. The purpose of this ordinance is to
afford �, means of maintaining and using the parks under the ,
jurisdiction of the City of St. Paul in a manner which is
consistent with the maximum enjoyment by all persons and }
protective of the natural resources therein. ` '
Subd. 2. The Direetor of the Department of Community
Services, hereinafter called the "director" , shall be responsible
for the supervision of all park grounds, buildings, fixtures and
structures and shall have responsibility for their care and
maintenance. The director shall make reasonable rules for the
use of the park which shall be approved by the St. Paul City
Council by resolution. Sueh rules may include but are not
limited to regulations regarding the use of facilities, fixtures
and other park property, designated areas for picnics, eating
an.d sporting events, and the operation of motorized vehicles +
and bicycles in the park. These rules shall be on file with
the City Clerk, and shall not take effect until after passage
of the resolution. These rules also may be conspicuously posted
COUIVCILMEN Requested by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox
McMahon
Showalter A gai n s t BY
Tedesco
wlson
Adopted by Council: Date Form Approved by City Attorney
Certified Passed by Council Secretary BY -�"� ��-�'��
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
gy By
- � .�� � � � � �Mr6'��9
P ag e 'I�ao
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 shall have the authority to eject from the park or
playground any person whose conduct does not conform to such
rules .
Subd. 3 . Prohibited Ac�s . No person shall commit any
of the following acts within a public park:
(1) Commit any act which creates or incites an
immediate breach of the peace. Such conduct shall
include, without limitation by reason of this
specification: fighting, obscene language, or
noisy or boisterous conduct tending to cause a
breach of the peace; personally abusive epithets ,
or words or language of an offensive, disgusting
or insulting nature, which epithets , words or
language, when addressed to the ordinary citizen,
are, as a matter of common knowledge, inherently
likely to provoke a violent reaction of fear,
anger or apprehension; words , language or statements
which by their very utterance inflict injury or tend
to incite an immediate breach of the peace;
disturbing, harassing or interfering with any park
property, park visitor or park visitor' s property
and wilfully disrupting the orderly operation of
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 manner so as to endanger or
be likely to endanger any person or property.
(3) Use loudspeakers , stereo speakers or public
address systems without written perrnission from the
Director.
(4) Persistently interfere with the orderly
conduct of games or play by the participants therein.
(5) Commit a violation of a park regulation.
(6) Commit a violation of any part of Chapter �- 17� .
ti -
v ��a����:9
Page Three
Subd. 4. Enforcement and Penalties.
(1) Whenever any peace officer, director,
recreation director, or other park employee
having apparent authority to enforce park
rules shall observe a person violating any
part of this ordinance or rules promulgated
thereunder or shall have probable cause to
believe that a person has committed any such
violation, he 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 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 shall be
guilty of a misdemeanor.
(2) .Any person who has left the park after
being ordered to leave by a peace officer,
director, recreation director, or other park
employee having apparent authority to enforce
park rules shall not return to the park during
the same calendar day. Any person who shall
violate this provision by returning to the park
on the same day shall be guilty of a misdemeanor.
Subd. 5. Procedure for Expelling Someone 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 cause to
believe that such person has wilfully disrupted the orderly
operation of such park or playground.
Whenever consent is withdrawn by any authorized employee
other than the director, such recreation director or employee
shall, as soon as is reasonably possible, submit a written report
to the director. Such report shall contain all of the following:
. � � � �����9
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Page Four
(1) The description of the person from whom
consent was withdrawn including, if available,
the person' s name, address and phone number.
(2) A statement of the �acts giving rise to
the withdrawal of consent.
If the director or, in his absence, a person designated by
him for this purpose, upon reviewing the report, finds that
there was reasonable cause to believe that such person has
wilfully disrupted the orderly operation of the park or
playground, he may enter written confirmation upon the
report of the action taken by the officer or employee.
If the director or, in his absence, the person designated
by him, 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.
Failure to confirm the action of the recreation director
or employee shall not be construed to deem any arrest made
during such period to have been made without probable cause,
and such evidence would be inad.missible at trial.
Subd. 6. Reinstatement. Consent shall be reinstated
by the director whenever he has reason to believe that the
presence of the person from 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 from whom consent
has been withdrawn may 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 not
later than '7 days from the date of receipt of such request
and shall immediately mail a written notice of the time,
place and date of such hearing to such person.
Subd. 7. Any person who has been notified by the director
or by a recreation director or employee designated by the
director to maintain order on such park or playground, that
consent to remain on the park or playground has been withdrawn
pursuant to Subdivision 6, who has not had such consent
reinstated, and who wilfully and knowingly enters or remains
upon such park or playground during the period for which consent
has been withdrawn is guilty of a misdemeanor.
WMITE - CITY CLERK
PINK A - FINANCE COl1I1C11
CANAd2Y_-� DEPARTMENT G I TY OF SA I NT PALT L File N O. ` �� � �
`BLUtE � - MAYOR
Ordin�nce ordinance N�. ` � ( ��
Presented By
Referred To Committee: Date
Out of Committee By Date
Page Five.
Subd. 8. Severability. Should any portion of this chapter be
determined to be unconstitutional or otherwise illegal, all other
provisions shall rema.in in full force and effect.
Section 2.
This ordinance will remain in effect for 2 years from the date
of enactment. Before the date of expiration the City Council will
review the ordinance and ma.y re-enact it with or without amendments.
This ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval and publication.
COUNCILMEN Requested by Department of:
Yeas Nays �
Hunt
�evine In Favor
Maddox
McMahon
Showalter � Against BY
�cco..
wlson
Adopted by Council: Date �Y 19 1981 Form Approved by City Attorney
Certified P s Co ncil creta { By
By ✓, ' ������
�°',.,^ -. .�
Appr Mayor: Da , _ � ��'�� � Y ��� Approved by Mayor for Submission to Council
By BY
PUBLISHED MAY 2 3198i
WNITE - CITY CLERK
PINK _ - -FINANCE COIlI1C11 N.7
CANARY .- DEPARTMENT G I T Y O F 'S A I N T PA U L
'BLUEw � - MAYOR ' F1I@ N O._����
, �
Or in�nce ordinance N0.
Presented By
Referred To Committee: Date
Out of Committee By Date
Page Five
Subd. 8. Severabili . Should any portion of this chapter
be determined to be uncons ' tutional or otherwise illegal, all other
provisions shall remain in 11 force and effect.
Section 2.
This ordinance shall take ef et and be in force thirty (30) days
from and after its passage, approv and publication.
�
�
�.
COUNCILMEN Requested by Department of:
Yeas Nays
Hunt
�evine In Fevo[
Maddox
McMahon
���t� Against BY
Tedesco
wison
Form Approved by City Attorney
Adopted by Council: Date
CertiEied Passed by Council Secretary BY �'� ° — �� � ���--
By
Approved by Mayor: Date Approved by Mayor for Submission to Council
gy By
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���, ' CITY OF SAINT PAUL
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(� OFFICE OF THE CITY COIINCIL � � � ' �
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37! ii! A
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_ D o t e : May 4, 1981
COMMITTEE REPORT
T0 : Saint Paui City Councii
FROM � Committee 011 Energy, Utilities & Environment
Joanne Showalter , chairman, makes the fol lowing .
report on C.F. 276749 []X Ordinance
❑ Resolution
[] Other
T I T L E : An ordi nance amendi ng Chapter 117 of the Legi s l ati ve Code
by adding a new section dealing with trespassing on park property
At its meeting of May 1, the Committee voted to add a two year sunset clause
to the ordinance and then return it to Council with a recommendation for
� approval .
CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102
�-�;
lst �-- v'7 �— �� � 2nd s�7 �
3rd � �5' a�CAdopted S l�— �/
� Yeas � Nays
HUNT
LEVINE � (����
McMAHOv
, S1�OWALTIIt � '
TEDESCO 2��6'749
WILSON
PRESIDENT (MADDOX) �