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276778 WHtTE » CITY CLERK �� PINK - FINANCE C011[iCll. BLl��Rw7 - MAYOR MENT G I T Y O F S A I N T PA LT L File N O. � � + / WZ/L�/`CG Ordinance NO. C� � Presented By Referred To Committee: Date Out of Committee By Date An ordinance to prohibit certain conduct in the skyway system and other indoor public areas in order to provide for the free movement of traffic within the enclosed areas, to ensure the safety and comfort of the eitizens of St. Paul utilizing the enclosed areas and to prevent damage to property within the enelosed areas. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. The Saint Paul Legislative Code is hereby amended by adding thereto a new ehapter, to read as follows: CHAPTER 140 — SKYWAY CONDUCT 140 .01 Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. (1 ) ��Pedestrian skyway system" means any system of providing for pedestrian traffic cireulation, mechanical or otherwise, elevated aboveground, within and without the public rights of way, and through or above private property and buildings, and includes overpasses, bridges, passageways, walkways, concourses, hallways, corridors, arcades, courts, plazas, malls, elevators, escalators, heated canopies and accesses and all fixtures, furniture, signs, equipment, facilities, services, COUNCILMEN Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon ��r Against BY Tedesco wlson Form Approved by City Attorney Adopted by Council: Date �< Certified Passed by Council Secretary BY� �-�-�— –� By Approved by Mayor: Date Approved by Mayor for Submission to Council By By . . � �'��"`d�8 Page Two and appurtenances. The term shall include systems or portions of systems which are built in the future. For purposes of this chapter, a pedestrian skyway system shall include stairways and escalators leading from or into the skyway system from private buildings and areas under stairs and escalators leading to and connecting concourse corridors, in addition to stairs and escalators connecting the concourse corridors to public streets or other public property. ( 2 ) "Aandicapped persons" shall mean those persons suffering from a physical or mental disability such as a sight disability, hearing disability, a disability of incoordination, a mental disability or any other disability that significantly reduces mobility, flexibility, coordination, perceptiveness or ability to learn. ( 3) The "Skyway Promotion Committee" shall consist of five (5) persons appointed by the Mayor and who represent, respectively, the Building Owners and Managers Association, the St. Paul Police Department, the Downtown Council, and the Downtown Community Development Council. The Skyway Promotion Committee shall, in addition to other functions imposed by this ordinance,advise the Mayor and Council on all matters relating to the successful public use and enjoyment of the pedestrian skyway system and pedestrian malls, including but not limited to lighting, standardized system name designations, standardized signs and directories, improved communications between law enforcement authorities and retail merchants, hours of operation, and other matters of public concern relative to the public ways. (4) A "pedestrian mall" shall mean any indoor enclosed public mall, arcade, courtyard, galleria, gallery, piazza, square, or other type of indoor public pedestrian way or open space. 140,02. Prohibited Acts. No person shall commit any of the following acts within the pedestrian skyway system or within any pedestrian mall: ( 1) Sit, kneel, lounge, lay, or otherwise recline upon floors or stairs. � � ;� ��5 Page Three (2 ) Stand upon any radiator, seat or other fixture. (3 ) Commit any act which tends to create or incite, or creates or incites, an immediate breach of the peace. Such conduct shall include, without limitation by reason of this specification: fighting; racing; obscene language, 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; and words, language or statements which by their very utterance inflict injury or tend to incite an immediate breach of the peace. (4 ) Stand, stop or otherwise linger in such a manner as to obstruct or impede or tend to obstruct or impede the free passage of pedestrians through the area. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group shall be equally subject to this chapter. (5 ) Play a radio or tape player so as to permit the sound from the radio or tape player to be audible to other persons, except that peace officers may play radios tuned to official police frequencies. (6 ) Commit any other act otherwise prohibited by local, state or federal law. 140 .p3. Misdemeanor Violations. Whenever any peace officer shall observe a person committing any of the acts enumerated in Section �4�•02�or shall have probable cause to believe that a person has committed any of the said acts, he shall order that person to refrain from doing the proscribed conduct. Any person who shall refuse to refrain from such acts or conduct after being ordered to do so, shall be guilty of a misdemeanor. . �'��d�8 Page Four 140 . 04. Prohibited Animals. No person shall bring or cause to be brought any animal, or allow any animal under his ownership or control to be brought, into the pedestrian skyway system or any other pedestrian mall unless said animal is a police dog or a guide dog for a deaf or blind person, except this section shall not apply to skyways within Town Square. 140.05. Littering. No person shall throw, deposit, discard or place, or cause to be thrown, deposited, discarded or placed upon or within any surface in the pedestrian skyway system or pedestrian mall any glass bottle, glass, nails, tacks, cans , garbage, swil��, papers, refuse, offal, trash or rubbish. It shall be an affirmative defense to a violation of this provision that the material was placed in a designated trash receptacle. 140.06. Sales and Performances. No group or person shall promote, advertise or sell articles or conduct, engage in or cause to be presented any type of exhibition, show, performance or entertainment in the pedestrian skyway system or other pedestrian mall unless such person or group shall first have received a permit from the Skyway Promotion Committee. This prohibition shall apply irrespective of whether or not such person or group has a license from the City of St. Paul or other governmental body for such activity. Only non—profit civic, educational, charitable, religious or patriotic organizations or handicapped persons shall be eligible for such permits. Before the Skyway Promotion Committee may issue any permits under this section, the Committee must develop written rules or guidelines to govern such issuance, which rules shall be approved by the St. Paul City Council by resolution. Such rules and guidelines may properly consider such factors as noise and traffic congestion in the pedestrian systems and may limit the number of permits granted per day or the size of groups a1loWed in the pedestrian system or the locations in which such activities are carried on. Iiowever, the rules may not allow the Committee to arbitrarily or discriminatorily select one group over another to which to issue a permit. This section shall not apply to skyways within Town Square. WMITE - CITY CLERK � /��5 PINK - FINANCE �COI1I1C31 .�i CAN/kR4 - DEPARTMENT � GITY OF SAINT PALTL � BWE� - MAYOR Fll@ N0. � • • ) / Ordin�nce Ocdinance N 0. / (D�� Presented By Referred To Committee: Date Out of Committee By Date Page Five 140 �07. Penalty. Violation of subdivisions140 �04 through 1_4Q�06 shall be a misdemeanor. 14008. Severability. Should any portion of this chapter be determined to be unconstitutional or otherwise illegal, all other provisions shall remain in full force and effeet. Section 2. This ordinance shall be deemed a part of the Saint Paul Legislative Code and shall be incorporated therein and given : an appropriate chapter number at the time of the next revision of said Legislative Code. I �I Section 3. , This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUIVCILMEN Yeas Nays Requested by Department of: Hunt � �B11 [n Favor a ox cMahon snowaite� � Against BY Tedesco Wilson MAY 2 1 1981 Form Approved by City Attorney Adopted by Council: Date Certified Passe y uncil Se�r,tary BY By f� Approved b r: ate MAY 2 2 1961 � Approved by Mayor for Submission to Council By � BY PUBLISHED MAY 3 0 1ga� � , .T�� ,� CI.'��' OF SAINT PAUL �G�d� I,�V _i��l �`�'� ' OFI+`ICE OF TFIE CITY COIINCIL aad n �<.s•r.�^"} � � N'4FR4a;:.��^�' A�4iSd�?�I'.`5L� r't...5.'- _._ J J .� RON MADDCX tcARt� NEro. .�R. Co�ancilman Legislative Aid� Apxil 30, 1981 T0: City Cou �1 Membexs FRGb1: Ron Maddo' Council 1Pr sident RE: Skyway Ordin�.nce Attaci,�;i i,s the Skyway prdinance. The Czty Council passed the Sk;Tway Oxdinance two yea.rs ago with sunset provisions of I981. _ ._ . After di.scussion with Bill Buth of the Skycvay Committee and " Councilwoman Hunt., tne experience has proven fruitful and the sui��et S'fiUiilCl he lifted.. ii� addition, a minor amendment allo�ving bands and canine exhibits �n Town Square is proposed. The matter r�zll be on the agenda of Tuesday, A1ay 5, for first ' read�ng. Ri�I:das cc: Bi11 Butli ,JE�1 Olson CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 612!298-4475 �� .....,,,��.��.. ° � a � ��7 � `��GiTY oF.U,,, CITY OF SAINT PAUL -�� "'* '��'� OFFICE OF THE CITY ATTORNEY >° -� �`, `� iiii�i'il ii �= ';� -1-1 „`= EDWARD P. STARR, CITY ATTORNEY ,e,. , 647 City Hall,Saint Paul,Minnesota 55102 '` ° 612-298-5121 GEORGE LATIMER MAYOR May 11, 1981 T0: City Clerk FROM: Betty Lassen � � There is presently before the council , for second reading May 12, 1981, an ordinance pertaining to skyway conduct, C. F. No. 2'76']78. This is a new chapter for the Legislative Code and should be numbered as Chapter 140, Section 140.01, subparagra hs (1) , (2) , (3) etc. instead of XX.01 , subparagraphs (a�, (b) , (c) etc. The remaining sections should be numbered in the same manner, 140.02, 140.03 etc. Section 140.03 has a reference in it to Section .02; that reference should be 140.02. Section 140.07 has a reference to XX.04 through XX.06; that reference should be 140.04 to 140.06. We ask that the ordi�ance be amended accordingly. ��. '�t 7� ��;��>y�.`�; :�+' ; i_ � t. \ , . � , � .. - �F:,'.' .. t ��i. . } } _ � , '�`�,,�� _ �� # � a- .F'`3�` �4=� � •,ni,� bxA . $ r.��.� +i.- k�_.'. 3.8 k. � . ... �' - �:fi' ' � x";. '�,-,a-y�ii I�.z.:1� _ �1 'li-. % r' P e +II, II . . _ .... _�'..__. _ .�.-....., .._.�.___.._._-._ . ._ _-�- -- 3 - � � 2nd S ��1 D / �St � s „ �� ' - pdopted �—� � ' 0 ( -- 3rd . Nays Y eas HUNT I C- / / S LEV INE ��r��Q C7 McMAHON . SI�OWALTER � TEDESCO WILSON PRESIDENT (MADDOX) ":� y•� � `1