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272587 �NM �- CITV CLERK � PIN F11.� N�E " - ��N ��o�ARTM!E�7T GITY OF SAINT PAUL Council ~ ? � DL - M Yo�� File NO. ' � �� "'� a . ' , � i y. 1/�, U • . / in�nce Ordinance N 0. l�t/� � l Pre nted 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 citizens of St. Paul utilizing the enclosed areas and to revent dama e to ro ert within the enclosed P g P P Y 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 chapter, to read as follows: CHAPTER XX - SKYWAY CONDUGT � ~ . Ol Definitions. The following definitions shall apply in the interpretation and enforcement of this _ ordinance. (a) "Pedestrian skyway system" means any system of providing for pedestrian traffic circulation, 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, coneourses, hallways, corridors, arcades, courts, plazas, malls, elevators, escalators, heated canopiea and accesses and all fixtures, furniture, signsr equipment, facilities, services, � COUIVCILMEN Requested by Department of: Y s Nays Butler In Favor Hozza Hunt Levine A gains t BY Maddox Showalter Tedesco Form Approved by City Attorney A pted by Council: Date C ified Passed by Council Secretary BY A roved by Mayor: Date Approved by Mayor for Submission to Council By . : � . � # � j(�� ly � Page Two ---�-� and appurtenances. The term shall include� systems � �:=:�:=� or portions of systems which are built in the 4---.. 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. (b) "Handicapped persons" shall mean those persons suffering from a physical or mental disability such ' as a sight disability, hearing disability, a dis- � ability of incoordination, a mental disability or any other disability �that significantTy reduces mobility, flexibility, coordination, perceptiveness or ability to learn. (c) The "Skyway Promotion Committee" shall consist of five (S) persons appointed by the Mayor and who represent, respectively, the Building Owners and :�=� I�.anag�rs 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 thi.s ordinance, advise the Mayor and Council on all matters relating to the successful public use and enjoyment of the pedestrian skyway systec� 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 wayse (d) 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. � .02 . Prohibited Acts. No person shall commit any of the � following acts within the �edestrian skyway systec*m or - within any pedestrian mall: (a) Sit, kneel, lounge, lay, or otherwise f recline upon floors or stairs . � • ' �� Page Three . I (b) Stand upon any radiator, seat or other f ixture. � (c) 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 in- � sulting nature, which epithets, words or language when addressed to the ordinary citizen are, as a matter of common lazowledge, . 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. ( d) 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 ar�a. If the impediment or obstruction is +. r x. • i , � caus�d by �he slz� o� .a par�iiu�ar graup or persons, all persons within the group shall be equally sub- ject to this chapter. (•�) 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 tha.t peace officers may play radios tuned to off icial poZice frequencies. ( �) Commit any other act ot�ierwise prohibited by local, state or f ederal law. .03. Misdemeanor Violations . w'henev�r any peace offzcer sha1Z o�serve a person corrn:�itting any of the acts enumer- . � ated in Section .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. � � . � �. i Page Four � � .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 anima.l is a police dog or a guide dog for a deaf or blind person. .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 . a�zy glass hat�le, glass, nails, tacks, cans, garbage, � swill, papers, refuse, offal, trash or rubbish. It shall be an affirma.tive defense to a violation of this provision that the material was placed in a designated trash receptacle. � .06. Sales and Performances . No group or person shall promote, advertise or sell articles or conduct, engage �n o,r cause to�be presented any type of exhibitio�, show, performance or enter- tainment in the pedestrian skyway system . � �`7��w7 .., `, ' _ . �(�� I y Page Five � 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 allowed in the pedestrian system or the locations in which such activities are carried on. However, the rules may not allow the Committee to arbitrarily or discriminatorily select one group over another to which to issue a permit. .07 Penalty. Violation of subdivisions XX.04 through XX.06 shall be a misdemeanor. . 08 Severability. Should any portion of this chapter be determined to be unconstitutional or otherwise illegal, all other provisions shall remain in full force and effect. 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. Section 3. 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 may re-enact it with or without amendments. , WMI �-�CITV GL RK � PINK ��,� FIN4Df� J (�jITY OF SAINT PAUL Council ��'��'�.� CAN V [S��AFITMENT BLU - MAVC}it File NO. � • O/ W Z/L�/`CG Ordinance N O. I��J � I Pre nted By Referred To Committee: Date Out of Committee By Date Page Six Section �:. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. s � �i COUNCILMEN Requested by Department of: Yea Nays � Butlef'� Hozza [n Favor Hunt Levine Against BY Maddox Showalter Tedesco Form Approved by City Attorney Ado � ed by Council: Date APR 1 9 18T9 Cer ed P d oudci S cretary BY �` B �� App by Mayor: � Approved by Mayor for Submission to Council B BY �� APR 2 8 1979 . . . . . . . . . . ' . .. � . � r. . ' . ' . .. � . . . . . . � . . .. . . . � � i. � � ��r4�..� f� F� • y �� t_ * , ' � � �! . : � _ ' i � , , , . ' . r _ - ' . �lut� l� 1979 " ' ' � � os�m+�3aan �oa t�ddwc , ' ' � t�1�, L�gial�+t►iw, G"a�it�e , Roos ?�� q;�ir A�1�, , , 3�. lyali NEm��a �51t�R . D�it', �a0l�e 1�lt�lci�s � , , , � I�ol.1 r�t�r�d t.�a �r Lrg��,o� lfoari�'b�rrr � ��on ,� �da�1+�r • �� Ir_ C. llw ��► ��b��31� , ,. '� �E i�i �! �,yr�y �Y�'!� �nd o�Alr �oe �bl;l.#t s�s. � �d Iii��g oP i�be a�►di�lr 1�1 ��rt � 'lllsrd� 8, 1$79+ ' _ � � , �/itt'Y' 1��► �►'�'+�s : - , . , , . a � , , , �s 1t�c . ; ; , : J {�'�r. G'�t � . . � ;, � � < ABO��i , ' — � " � - , � ` ' . , � . , i � 1 � . . - . . . � . .� . .. . � . . .- - _ Jr � .. \ _ , . . . . . , � � � . � ' . • . . . .. , � , . , . . . . . . : . � . . , .. . . , . , . � ` ,� . . . � . . . , . . ._ . , ..` .. . . . . • . . ' , .. . �i . . � . .. . . . • . . � . �� .. . . . � . � .�� ! � , ' . . � � � . , . .. � �� - � � � � .. . .. • � . . . . , � �. . . . . � . . . � . . . � - . . � � 1 . . . � . . .. . ! ... . . . . . . . . . . i . . ,.. � . . .. . . . � . . . . .� � . '.'� .. ..�. � i . , . . . . . , . .. . :.. �.... � ;: `�. . . : � � ' . �. � I �. . .� • ... � � . - . � . . � . .. , . _ � ... . . J,,�,C.��,l�- �..,..mmicy� C I TY �I��1�1�� .��`�,IT Y o to PA U L ,j,b ��it � ' � OFFICE OF THE CITY ATTORNEY � un"um ;' "" 'll° �` SUZANNE E. FLINSCH, CITY ATTORNEY �� - � ;,<<, ,e„ , 647 City Hall,Saint Paul,Minnesota 55102 -��.��o�� 612-298-5121 ORGE LATIMER MAYOR � R D February 27, 1g79 FEB 2 81979 coun,cti�wAN Councilman Ron Maddox �N MADDOX Seventh Floor City Hall and Court House Re: Skyway Ordinance and Present Laws Dear Councilman Maddox: Many ordinances and statutes currently exist which prohibit some of the conduct which is occurring in the skyway system. If persons are obstructing the passage of others through the skyway, the conduct might consist of flisorderly Conduat under the Legisla�ive Code or A�aintaining a PubliQ �'uisance. Section 438.02 of the Legislative Code provides that it is a misdemeanor to "collect in bodies or crowds" so as to "obstruct public travel" . Minn. Stat. � 609. '74 and Legislative Code � 46'7.01 are more specific and state that one is guilty of Maintaining a Public Nuisance if one intentionally "interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way." Two other possible violations which might be based upon conduct in the skyway would be Diaorderly Conduct or IInlawful Asse�tbly. Minn. Stat. � 609.'72 provides: "Whoever does any of the following in a public or private place, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace, is guilty of disorderly conduct which is a misdemeanor. (1) Engages in brawling or fighting; or (2) Disturbs an assembly or meeting, not unlawful in its character; or (3) Engages in offensive, obscene, or abusive language or in boisterous and noisy conduct tending reasonably to arouse alarm, anger, or resentment in others. " O i � . � .• !�� q��s�ry'� ,� �r'�l. � i Councilman Ron Maddox Page Two February 27, 1g79 �, Although the first two provisions of Section 609.72 can be read literally on their face, the third provis�ion dealing ' with language and noisy conduct must be li.n�ited and read ' in conjunction with relevant court decisions. One of the most important decisions regarding Disorderly Conduct was In re S.L.J. , Minn. , 263 N.W.2d 412 (1977) . The i primary holding of that case was that not all offensive or abusive language can be criminally punished, but that only "fighting words" may be prosecuted. "Fighting words" are defined as those words which, "when addressed to the �I ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction." 263 N.W.2d I at 418. However, the case did not limit our prosecution of obscene language, if language is obscene under Supreme Court I! guidelines. Moreover, it is still possible to prosecute on the basis of "boisterous and noisy conduct" if it tends to provoke a breach of the peace or riot—type situation. Thus, there are the following categories of Disorderly Conduct: ' (1) brawling and fighting (2) disturbing a lawful meeting �. (3) obscenity (4) fighting words ; (5) noisy conduct causing or tending to cause breach of peace. The Unlawful Assembly statute, Minn. Stat. � 609.705, which is similar to Disorderly Conduct, reads : "When three or more persons assemble, each ', participant is guilty of unlawful assembly which is a misdemeanor if the assembly is: (1) With intent to commit any unlawful act by force; or i (2) With intent to carry out any purpose in such manner as will disturb or II threaten the public peace; or (3) Without unlawful purpose, but the � participants so conduct themselves in a disorderly manner as to disturb I'I or threaten the public peace." I �I ,� i . " I j �lt' 1� ►° ,r. 1; ,�� j i � Councilman Ron Maddox Page Three i February 27, 1979 � i Minn. Stat. & 609. 715, a related provision, provides: I "Whoever without lawful purpose is present at the place of an unlawful assembly and refuses to leave when so directed by a law !I enforcement officer is guilty of a misdemeanor." � In order to prove Unlaw�ul Assembly or Presence at Unlawful Assembly, in the absence of proof of intent to commit an unlawful act by force, which is a rare situation, one �uat prove that some people were condWetin� themselves in such a manner as to be guilty o� disorderly conduct. The advantage of Section 609. 715 over the Disorderly Conduct � statute is that a person may be arrested if he refuses to I leave even though he himself was not guilty of Disorderly ,; Conduct in the first instance if other persons in the group ; were guilty of Disorderly Conduct. The problem is � identi�ying the group o� three or more persona who havc� asaembled. 'i Certain ordinances and statutes regarding drugs and alcohol are relevant. Pursuant to Section 280.03 of the Legislative ' Code and Section 152. Og of Minnesota Statutes, it is illegal ' to po�sess or sell or distribute any controlled substance '� anywhere unless one has a federal permit, is a common !� carrier or is a peace officer in the course of his duties. The problem, of course, is that police of�icers need probable cause or a warrant in order to aearch people. There is no reason persons in the skyway could not be �� tagged for marijuana or other controlled substances in plain view, however. Another particular problem with II, marijuana possession is that posaeesion of a s�all a.n►ount of marijuana is a petty miademeanor under state law. ', Therefore, under the Rules of Criminal Procedure, officers I, cannot arrest a person for the offense but may only issue a �' citation. Pursuant to the Minnesota Clean Indoor Air Act, I Min.n. Stat. � 144.411-144.417, it would appear to be illegal ' to amoke a.nything in the skyway syatem except in deaignated � smoking areas. Under Minn. Stat. � 144.413, Sub. 2, a I "public place" is defined as "any enclosed indoor area i used by the general public . . . " The skyway system fita this definition. Pursuant to Section 144. 413, Sub. 4, " ' Smoking' includes carrying a lighted cigar, cigarette, I pipe, or any other lighted smoking equipment." However, if the Clean Indoor Air Aet were to be enf'orced, it must j be enforced equally against all persons. � ;i � �j'�� . r . � Councilman Ron Maddox Page Four February 2'7, 1979 Pursuant to the various liquor ordinances and statutes, it is illegal to drink intoxicating liquor in the skyway system although it is not illegal to possess liquor unless one is under the age of nineteen years. Chapter 314 of the Legislative Code makes it illegal to drink intoxicating ,, liquor in any place open to the public unless the drinking occurs within licensed premises. Chapter 438 of the Legislative Code, which prohibits ossession of liquor, whether intoxicating or not, does no appear to apply to the skyways since it refera only to streeta, lanea, alleys, parks, playgrounds and recreation centers. With respect to persons under nineteen years of age, Minn. Stat. � 340.035, Subd. 1(6) and Minn. Stat. � 340.'731 (4) prohibit the possession of either intoxicating or non-intoxicating liquor, respectively, by anyone under the age of nineteen at any �� place other than the household of his parent or guardian. Thus, with respect to that age group, it would not be necessary to prove actual consumption. There has also been some question as to the applicability of the truancy laws to the skyway system. Minn. Stat. � li 120. 10, Sub. 1, provides that children between the ages of seven and sixteen must attend school for a minimum term. �� No specific hours or days are set. The enforcement mechanism provided by state law is two-fold: (1) pursuant to Minn. Stat. � 120. 12, the county attorney is to be ! notified and the parents prosecuted for misdemeanors ; and (2) the truant officer appointed by the school board is to investigate and may arrest a student and take him to school if he finds habitual truancy, pursuant to Minn. Stat. § 120.14. A child may not be found delinquent in juvenile court unless he is "habitually truant" , according to Minn. Stat. � 260.015, Sub. 5. Therefore, a single act of � truancy, even if it could be proved, does not give rise � to a delinquency petition.. A minor may be judged delinquent for committing any act which would be criminal, if committed by an adult. However, all delinquency petitions are prepared by the County Attorney as opposed � to the City Attorney since they are considered in District Court. Many other ordinances and statutes might be applicable to particular conduct in the skyway system. These might include gun ordinances, weapons laws, solicitation ordinances, ' assault laws and criminal damage to property laws. However, none of these, to my knowledge, has any special application in the skyway system. i �� I! Councilman Ron Maddox Page Five February 27, 1979 Certain laws do not apply in the skyway system. For instance, the Trespass ordinance and statute do not apply in the skyway system itself because they only apply to private property. This is not to say, however, that particular. store ox�ners: cannot have persons arrested for trespassing within their storea if the persons have been told to leave. Another violation which does not apply in the skyway system is Littering. Both Minn. Stat. § 6og.68 and Minn. Stat. § 169.42 prohibit littering. However, both statutes refer to "public highways" , "public waters" , "public lands" , or "private lands or waters" . Therefore, they appear to apply only to outdoor areas as opposed to indoor areas and do not appear to apply �, to places auch as the skyway system. 1 � The attached ordinance would prohibit certain conduet not presently prohibited under existing law. A person' s behavior would not have to be so terrible that it would warrant an arrest for Dieorderly Conduct, for example, before a police officer could order the conduct to be ceased. If the conduct continued, the officer could then order persona out of the skyway system. The ordinance is not going to end all problems in the skyway system. However, it does set forth, to aome extent, a more ezplicit code of eonduct than that provided under preeent law and it does provide a means for I police officers to get aome of the problem people out of the skyway syatem. �i Sincerely, �. ' �� , ��-� Suzanne E. Flinsch City Attorney �� 4�-' �`�� Beryl . Nord Assistant City Attorney Criminal Division Ii 638 City Hall 298-42'71 BAN�mla � Attachment � ec: Mayor George Latimer I Members of the City Council III . � � �(�S 1 �- ��`�%�� . ' . � Pag e Two � and appurtenances. The term shall include '•systems or portions of systems which are l�azilt in the future. For purposes o� this cYi��.pter, a pedestrian skyway system shall inc�.ude stairways and escalators leading ; froui�; or into the skyway system from private I� builc�>ings and areas under stairs and escal�tors leading to and con.necting concoux'�,�e corridors, in addition to stairs and esc�,�ators connecting the concourse � corridors;kto public streets or other public property. �,� `S (b) "Loit " and "loitering" shall mean remaining id e in esaentially one loeation and shall i.nc ude the eoncepts of spending time idly loaf ng or walking about aia[lessly, �! and shall also n.c.lpde the eolloquial expression "hang'ng around" . `,. (c) The "Skyway romotion Committee" shall consist of five (5 persona appointed by the , Mayor and who repre nt, respectively, the Building Owners and nagers Association, the St. Paul Police D� artment, the Downtown �'� Council, the Departmen� of Planning and Economic Development an� the public. .� � � (d) A "pedestrian mall"�r� shall mean any indoor enclosed public mal��., arcade, courtyard, gallery, piazza, square or ther type of indoor ublic edestrian wa or o � s ace. P P Y P �? P I e,� I '�,, . 02 Prohibited Acts. No perso� shall commit any of the following acts within thr� pedestrian skyway system or within any pedestrian all: � (a) Sit, kneel, loun.ge, lay, or therwise recline upon or lean b�ek against, floors, radiators, stairs or any other surf�,ce or fixture; except it shall be an affir�pative defense to this provision that a pers�:on was � sitting in a place that was posted as"<<a �i sitting or resting area by the Skyway `, Promotion Committee. i � (b) Stand upon any radiator, seat or o� er �� fixture. . � I� � . � . • e��- �.� ' �` -�`��. `� , - Page Three � i !, `�c) Loiter with accompanying conduct which ! ten s to create or incite or creates or incites i a b�ach of the peace or tends to disturb, Ianno�`, molest or cause resentment, anger or fear iiia. an ordinary reasonable person law�ully in the '.area. Such conduct shall include without � limitation by this specification: fighting; ! obscene T�nguage; noisy or boisterous conduct tending to�,, cause a breach of the peace; the � playing of''�xadios without earphones; personally ; abusive epithets, words or language of an j offensive, di,sgusting or insulting nature which are cal'+�ulated to annoy or disturb the person to whom':, or in whose presence made, or which are inheri�ently likely to provoke a reaction of fear.�, anger or apprehension in the ordinary cit�zen. � � (d) Loiter in su h a manner as to obstruct or ; impede or tend to struct or impede the free passage of pedestri s through the area. If the impediment or obstru�,tion is caused by the size of a particular group��o� persons, all persons within the group shall� be equally subject to this chapter. �5 � (e) Commit any other a`�t otherwise prohibited ' by local, state or feder� law. , � .03 Misdemeanor Violations '. � (a) Whenever an.y peace of ' cer shall observe a person comm�ttin.g any of the bove acts or shall have probable cause to believ that a person has i committed any of the above act , he shall order that person to refrain from doi g the proscribed conduct. � ! If the person to whom the order �,s directed refuses ; to obey the order, the officer ma order the person to leave the pedestrian skyway sy�tem or pedestrian mall. Any person who shall refuse``+ to leave after � being so ordered shall be guilty o�; a misdemeanor. i (b) Whenever any peace officer sha l, in the exercise of reasonable judgment, det ine that any person in the pedestrian skyway s stem or i; pedestrian mall has committed any of t e acts enumerated in Section . 02 above, and i he �� . �� ' , Page Four -- reasonably deems it necessary for the preservation of the public peace and safety or for the prevention � of .repeated misconduct, he ma.y order that person to leav� the pedestrian skyway syatem or pedeatrian � mall "�irreapeetive of whether or nc�t the perso�. has be"�n ordered to deaist Yrom the activity. Any per''�on who shall refuse to leave after being so ordered shall be guilty of a misdemeanor. -{�)� Any �erson who has left the pedestrian . sky�ray sys� or pedestrian mall after being ordered to 1 ve by a peace of�icer shall not return to the edestrian skyway system or pedestrian mal �, during the same calendar day. Any person who shall violate this provision by returning to the `�edestrian skyway system or pedestrian mall oi�. the same day shall be guilty of a misdemeanor. ' I ,.1� .04 Prohibited Animal�. No person shall bring or cause to be brought an� animal , or allow any animal under his ownership or `�ontrol to be brought, into I the pedestrian skyway sy`�tem or any other pedestrian mall unless s�,id animal is a police dog or a guide dog for a deafL�;or blind person. -� .05 Littering. No person s� 11 throw, deposi,t, discard or place, or cause t� be thrown, � deposit�ed, discarded or placed, upon or within any surface in the pedestrian '�kyway system or pedestrian mall any glass bottl�e, glass , nails, tacks, cans, garbage, swill, pa�rers, refuse, offal, trash or rubbish. It sha�l be an affirmative defense to a violatioi�. of this provision that the material was pl�.ced in a designated trash receptacle. .06 Sales and Performances. No grou�, or peraor�. � shall promote, advertise or sell arti�,les or conduct , engage in or cause to be pres�nted any type of exhibition, show, performance o� I entertainment in the pedestrian skyway ��ystem or other pedestrian mall unless such per�on or , group shall first have received a permit �rom the Skyway Promotion Committee. This prohibition shall apply irrespective of whether or not such I person or group has a license from the City of St. Paul or other governmental body for such � . " � �r � , ,�: �`-�"�� Page Five activ�.,ty. Only non—profit civic, educational, chariti�:ble, religious or patriotic organizations shall b'�;, eligible for such permits. Before the Skyway Pnyomotion Committee may isaue any permits under thi��:. section, the Committee muat develop written ru��s or guidelines to govern such issuance wY�ch rules shall be a roved b the , PP Y 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 allowed in the pedestrian system or the locations in which � such activities are`, carried on. However, the rules � may not allow the Co�pmittee to arbitrarily or ' discriminatorily sele�t one group over another to i which to issue a permi`�t. i ',; � T, . 0'7 Penalty. Violation ��f subdivisions XX.04 through XX. 06 shall be a i�,isdemeanor. �i �''; .08 Severability. Should an� portion of this chapter be determined to be u'§�constitutional or otherwise illegal, all other provisions shall remain in full force and effec�. Section '�. I�I This ordinance shall be deemed a part of the Saint Paul � Legislative Code and shall be incorporat'ed therein and given an appropriate chapter number at the time�: of the next revision of said Legislative Code. �y '1 ;��}.� \ �'e. Y� \Y„ 1 � �P� ��' �`)�,��7 , _ � _ t _ ., , � � , �, �� e I Yj ;�, � . *p( j. �. .. . . :I '�CS F.i: ��: . . . . AMENDMENT TO`` l� ORDINAN� . � _ � , � � � Sec. 3 � ; . This ordinance will remain in effec{ for 2 years from the date of enactment. ;3 Before the date of expiration the City Council will review the ordinance and may re-enact�it with or without amendments. � � I � � � , I I I I . �(.�1 � April 11, 1979 Note: This draft incorporates two additional changes , that were not discussed this morning: . 1. A slight refinement of . 02 (c) which uses the words of the Minnesota Supreme Court in the speech conduct clauses. This was discussed Monday in the first meeting, and should not be controversial. 2. An expansion of the powers to advise, of the Skyway Promotion Committee in . O1 (c) . This was suggested by Broeker after a Tuesday meeting with much the same group. This draft incorporates the changes agreed upon this morning: l. Narrowing the "sitting" provisions in . 02 (a) . 2. Removal of the "24-hour-no-return" provision in .03 (c) . 3. Removal of the "order to leave" provisions, which were all of .03 (b) and part of . 03 (a) . Otherwise the draft reflects the ordinance that is currently before the Council, including the Hunt "sunset" provision. Phil Byrne . � ' ��a�g�? , i r � � ��,514 '� Page Two � an appurtenances. The term shall include � sys ems or portions of systems which are buil in the future. For purposes of this chapt r, a pedestrian skyway system shall includ stairways and escalators leading from or 'nto the skyway system from private buildings and areas under stairs and escalators leading to and connecting concourse c ridors, in addition to stairs and escalato connecting the concourse corridors to p blic streets or other public I property. I (b) "Handicappe persons" shall mean those persons suffering�om a physical or mental disability such as a sight disability, hearing disability, a disabil ' ty of incoordination, a I mental disability or a other disability that i significantly reduces m bility, flexibility, coordination, perceptive ess or ability to I learn. I; (c) The "Skyway Promotion ommittee" shall � consist of �ive (5) persons- a pointed by the �� Mayor and who represent, respe tively, the Building Owners and Managers As ociation, the St. Paul Police Department, he Downtown Council, and the Downtown Communi y Develop— ment Council. (d) A "pedestrian mall" shall mean any indoor enclosed public mall, arcade, ourtyard, � galleria, gallery, piazza, square or o er type of indoor public pedestrian way or open space. � I� .02 Prohibited Acts. No person shall commi any of the following acts within the pedestrian kyway II system or within any pedestrian mall: , (a) Sit , kneel, lounge, lay, or otherwise I recline upon or lean back against, floors, I radiators, stairs or any other surface or � ; fixture; except it shall be an affirmative �z� defense to this provision that a person was ` sitting in a place that was posted as a ' sitting or resting area by the Skyway �� Promotion Committee. i �I i . . �� 1 C�� --1 Page Three (b) �and upon any radiator, seat or other I fixtu e � (c) C it any act which tends to create or incite o 'creates or incites a breach of the I peace or nds to disturb, an.noy, molest or cause resen ment, anger or fear in an ordinary reasonable p rson lawfully in the area. Such � conduct shall include without limitation by this specifica ion: fighting; racing; obscene � language; noisy or boisterous conduct tending to cause a breac of the peace; personally abusive epithets, ords or language of an , offensive, disgusti g or insulting nature � which are calculate to annoy or disturb the person to whom or in hose presence made, or which are inherently 1 'kely to provoke a reaction of fear, anger or apprehension in the ordinary citizen. (d) Stand, stop or other ise linger in such a manner as to obstruct or 'mpede or tend to obstruct or impede the free assage of pedestrians through the area. If the i impediment or obstruetion is c used by the size of a particular group of p rsons, all persons within the group shall b equally subject to this chapter. � e Pla a radio or ta e la er o as to � � ) Y P P Y I� permit the sound from the radio or pe � player to be audible to other person except that peace officers may play radios t ed to official police frequencies. I (f) Commit any other act otherwise pro ibited by local, state or federal law. i I �I . 03 Misdemeanor Violations � (a) Whenever any peace officer shall obser e a person committing any of the above acts or sh 11 have probable cause to believe that a person l�as � committed any of the above acts, he shall orde� that person to refrain from doing the proscribe��. conduct. If the person to whom the order is directed refuses to obe the order the officer ma order Y � 3' the person to leave the pedestrian skyway system or pedestrian mall. Any person who shall refuse to leave after being so ordered shall be guilty of a misdemeanor. � . � �� ) � i Page Four `�) Whenever any peace officer shall, in the exe cise of reasonable judgment, determine that � any erson in the pedestrian skyway system or pedes ria�n mall has committed any of the acts enumer ted in Section . 02 above, and if he reasona ly deems it necessary for the i preserva ion of the public peace and safety or � for the p evention of repeated misconduct, he may order at person to leave the pedestrian I'� skyway syst or pedestrian mall irrespective of whether o not the person has been ordered to desist fro the activity. Any person who shall refuse t leave after being so ordered shall be guilty f a misdemeanor. I (c) Any person o has left the pedestrian i skyway system or p estrian mall after being ordered to leave by peace officer shall not return to the pedest ' an skyway system or pedestrian mall durin the same calendar day. Any person who shall vi late this provision by returning to the ped trian skyway system i or pedestrian mall on th same day shall be guilty of a misdemeanor. I� . 04 Prohibited Animals. No erson shall bring or cause to be brought any an al, or allow any i animal under his ownership or ontrol to be brought, into the pedestrian sk ay system or j any other pedestrian mall unless said animal � is a police dog or a guide dog fo a deaf or i blind person. . 05 Littering. No person shall thro , deposit, discard or place, or cause to be thro , deposited, discarded or placed upon o within i any surface in the pedestrian skyway s tem or pedestrian mall any glass bottle, glass nails, tacks, cans, garbage, swill, papers, ref se, offal, trash or rubbish. It shall be an affirmative defense to a violation of thi provision that the material was placed in I; designated trash receptacle. �� . 06 Sales and Performances. No group or per�on shall promote, advertise or sell articles or ' � conduct, engage in or cause to be presented a�y type of exhibition, show, performance or � entertainment in the pedestrian skyway system �I I Saint 1'au!l3raitch .� NATIONAL ASSOCIATION FOR TF4E ADVANCEM9EtVT OF COL�REp PEOPL� Y.O. Box 3273 St.Paul,MN 55165 Phone: 222-53)6 ' I A PETITION TO Z� ST. PAUL CITY COUNCIL TO T�1BLE CF NO. 272587 C�3APTER X� — SKYWAY CONDUCT President Hozza and City Council m�rs, I am Charles W. Breese, Presid�nt o.f the St. Paul Branch, N.A.A.C.P. I wish to offer testiurr�n.y against Councilnlan A7addox's pending legislation to ame.nd the Legislative Code by adding Chapter XX the Skyway Conduct and to offer an alt�rnative approach which the Council could propose to St. Paul citizens and merchants alike. I .feel confident that what you are now offering cannot be evenly enforc�d and surley will lead to further agitation on the part of those who it is intended ta restrain. The Skyway Conduct Ord�nance �is ill �onceived, cuml�ersorr� and no doubt difficult for peace officers to enforce during special events such as basketball garres, holidays and during special events. � 'I'he business comm�u�ity is desparately trying to encourage shoppers to frequent stores in the downtown axea instead of going to the suburban shopping centers � where parking is free and a grnater variety of inerchandise is available. W� a11 recognize the convenience of the skyways in the downtown area; however, we are not taking a hard look at the causes of the loitering throughout the skywalks. It is very easy to raise the issues, but another matter to be an issue solver. I challenge the City COuncil members to take a serious look at what you are going to be voting on here today and ask yourselves is this the type of legislation that I would want to burden the police department with enforcing. Secondly, in what mariner will visitors axnuzg from out of state loak upon this ordinance should their children or your relativ�s encounter hostile policeman trying to enforce an ordinance which is poorly conceived and in general a nuisance. .. 2. Mr. President, endeavoring to offer an alternative to this problem of loitering in the skywalks of downtown St. Paul I wr�uld strongly urge council members to take a hard look at the root causes of the loitering and then begin to suggest ways to eliminate the problem based upon your findings. I would further suggest i that you establish a "Skyway Improvem�nt Committee" composed. of intelligent and concerned citizens and merchants to study the situation as well as security ex- perts to learn how best we can el�minate the problem of loitering. I would further suggest that this body begin to tac3cle the problems of unemploy- ment and jobs for our youth in order to get them off of the streets and into m�re gainful activities. Those persons who are vagrants with no place to go and are cold w�uld also benefit from some type of plan where they oould get warm and not have to loiter throughout the skyway being a �nance to shoppers or mA.xchants. Finally Mr. Chairnian and Council meml�ers, how do you suppose to have the €olice Depaztment to enforce such an ord.inance which is directly aimed at a targeted audience without presenting daily confrontations with the police, which may fur- ther lead tavard residence from shopping in the downtown area? In view of the above P�ir. Presidnet and COuncil Members, I urge you to table this Skyway Conduct Ordinance until further study is made of the problem. � # # . # # # # i I i i I i - � � � � INDIYIDIIALS WHO HAVE ASKED TO TESTIFY REGAR.DING THE�PROPOS�ED SKYWAY CONDUCT ORDINANCE #�#� _ l. Bill Buth 2. Kathy Eichinger � 3. 1'�argaret Ready 4. Mr. Gunderson _ . John N 5 asaeff 6. Dennis Kelly 7. Greg Parranto 8. Julian Bileki . . � d7� �� 7 '""�TY�"Tt CITY OF SAINT PAUL . _R�E C �F�� -a � _- OFFICE OF THE CITY ATTORNEY �` � � 11611111'll c, � �� SUZANNE E. FLINSCH, CITY ATTORNEY �'''�;,,,. �as+ 647 City Hall,Saint Paul,Minnesota 55102 ,mm`�,° EORGE LATIMER 612-298-5121 MAYOR March 27 , 1979 � I � MEMORANDUM T0: Councilman Ron Ma dox FROM: Beryl A. Nord RE: Amendments to the Skyway Ordinance � Pursuant to your request , I have amended the skyway ordinance in three major areas. First, in Section . 02 (c) and (d) I have removed the reference to the term "loitering" . I think that it is unnecessary legally and constitutionally to refer to "loitering" and that such reference merely makes the ordinance I confusing. With respect to part (c) , the removal of the "loitering" provision will make the ordinance stronger and easier to enforce since it will then be�lm.ecessary to prove "loitering" in addition to the "accompanying conduct" . ! Moreover, without reference to loitering, the ordinance may j also apply to disorderly types of conduct where the person or persons are running through the skyway as op osed to remaining in a stationary position. In part (d� removal � of reference to loitering has little effect. In accordance with the above changes, the definition of "loitering" has been removed from the definition section of the ordinance. � The second major change in the ordinance ia the removal of the reference to radios in Section .02 (c) and the creation of a separate section .02 (e) dealing with radios and t�pe players. The third major change is the addition of handicapped persons to the list of those eligible for permits to sell and perform in the skyway pursuant to Section .06. I also made two minor changes in the definitions . In accordance I� with your wishes, I have included the DCDC in the "Skyway Promotion Committee" rather than the Department of Planning and Economic Development. Also, I inserted the word "galleria" in the definition of "pedestrian mall" in order that there will be j no question that this ordinance will apply to the Seventh Street Galleria. You also requested a ban on the sale or distribution I I � �� r Memo to Councilman Ron Maddox Page Two March 27, 1979 of orno ra hic materials in the sk wa s. Since the Cit P � P Y Y Y has several obscenity ordinances, it is more appropriate to a end tho e d' a m s or ln nces ; if possible and if necessary, rather than to confuse this ordinance with the insertion of obscenity provisions. At the present time, Chapter 476 of the Legislative Code would prohibit obscenity, as defined therein, in the skyway since Chapter 476 contains no limitation on place. Additionally, Chapter 475 prohibits the sale of indecent materials to minors. This would also apply in the skyway. I am presently looking into whether Chapter 475 can be expanded to cover free distributions of materials. If such an amendment is possible, it will be given to you as a separate ordinance. BAN mla � i ONE 291-1441 EUGENE E. SCOTT,M.D. SUITE 212 KELLOGG SQUARE BUILDING SAtNT PAUL,MINNESOTA 55101 arch 23, 1979 o; The City Couscil of the City of St. Paul ' irs; s we will be out of town 1[arch 29, we will be un- ble to attend your meeting at 10:00. � e do want to express our whole-hearted support of he Skyway Ordinaxice against loitering ia and lit- erisg the skyways; t is ju�t a h�adful of rowdies who harass the r�at majority snd the police ahould be �iven the uthor�ty to stop loitering and 1lttering in our kyway. Thank you, Fugene T. SCOtt, 1L.D• ��. -j��- ��`��r�11�. ��' � '� Joan P. Scott �� Q X��C-1�.-ti(i � Cr� I �- . � West Publishing Com�any • 50 W. Kellogg Blvd.,P.O.E3ox 3526,St.Paul,MN 55165 TeL 612/228-2500 JOHN M.NASSEFF,M:inaycr Build�nqs and Propertics ' 612/22d-2533 March 26 , 2g79 H��. Da�i� Hozza Council of City Cf St. Paul City Hall 15 jd. Kellogg Blvd. St. Pau1, Mir.n. 55102 Good ?�Iorning, Mr. Hozza: If we are not able to maintain law and order in our .skyway syst�m, how can we expect the citizenry to ride in the people mover if and when it is in operai�ion? I personally have had two bad extieriences in the sky- way system this w�nter and avoid using it completely as of then. I don' t think the city would be depriving anyone of their ri�;hts to make t?-ie skyway system safe and comfortable for people like myself to usP. ' . Thank you very much, , . � JMN:pm bcc : Ms . Catherine Scott, Manager Kellogg Square Apts . �/ This letter �aas sent to all Councilmembers : Ruby Hunt , Joanne Showalter, Victor Tedesco , Leonard Levine, Ron Maddox, David Hozza and Rosalie Butler . oHN E.L,�RKIN,fx.,M.D. 8 LYNN L.AULT,M.D. �RTHOPAEDIC �'URGEI�Y PEOFBS870PdL d880CId770B 300 KELLOGCi SQUAEE SAINT PAUL,MINNESOTA, U. S.A. 55101 T8LEPHONB 612•222�Sb01 DIP7AMATEs AMSEIC1AN BOABD OF OBiHOPAEDIO SU86E8Y 2 P�arch, 1979 TO WHOM THIS MAY CONCERN: The employees in this office have encountered loitering in the Sk,yway on many, many occasions. On several occasions there has been name calling by the loiterers and the young ladies in our office are especially apprehensive about this when going to the bank to make the bank deposit during working hours. One of our employees is hesitant walking through the Skyway when working late in the evening, which occurs approximately two times a week, and she has been calling a cab to qet home to avoid having an encounter. Sincerely, �- ;.— �.c� . .t � Joh� arkin, Jr. , M. D. JEL/ef ��3z� �� "o ° L . . , , � s� �'�,,� �..� �u�° ��--�, �� e �_ � �- � , ''�- � � �' �.~� ,�=u-�-�� , y-�- �°..ti:e�� -�� — ��.�.�ti.. �-e.._� �;,�, �� `x'-�,e�' � y'�'�'�,`� `�°� `�`� . 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( ' . o .s�a�.,�*�-- 7� �n*0.� o� �c�.��ss o�s��i�a.�. \a''� � � \ , ,. � I �o�.�. �w. �.:c-�. �c!►� �p�-�� c�.�.�� ;;��.a. o'S� �� • a�� a �.�.. o�.:v,, � va�v. �o� �w.. o.� � w•• � o� ov�c�, � � �.a� �,��i ;�. .� �.� a...� ��..� �.�� . .h,a _ _ �. � �.�� .�.� �.��. � � y ��.� 4� . � r I �� X: � v A�� . '1� �A A�. V��. �� a V,ov o l. v� o`�w M �� . \\y e�*� :� o•c � ,,o... .tiQ�.�, �.v. e.�. o.�.�._ �, ` ` �" � � • \�_ _"'�.. �f��o:.'�'iwe�` �10 �.�. o�. C.�. _��o�`• �A►� ��1,1,l. `' �'"C�S �l b o.�.1.� �,�lt�. S� O�_��14a14I�� ` ...�._. �l� ��a V►.�� =�,��►� �1� �►�`\ ��. � �� 1.0.. C.AV- O^1.�'��DV� �1.\�J.�O�L�. � e�A 0.>h �' Q ♦ `;� . �V-1�� S �N.o►s� p� J��V�I.a--c�V.ei� �t��'_"�. ��:�� a��.y. � (-_' I'li � tS�.�� b �J�P�.. O O`1► �09rOX.� O`l 1�,�.`�Q�1. o `�,�... � y � � �p.y QJ"*�•.. -�.g._:`�,,L.V.� QV��..... �?�''"�_ \ � \ ��o � -�� O.� � ` 'e'� ��t0.�`�� .? ��-.. �� o►�t • \1��14�111��OV.�1J� �I►�� O� OV� `�.�e�►�w ,�,q��o.., v��Z�tA.��`�.e�` � � � L� �d � ��J. �� CQVJ,� �`�� lY�. C�. � � � � , � o �do�•�. � v."�� VL.S O.s_ ♦ �� __�� O-�� 't� � �.� :•r�� ,�� -.�. O�,a� ��•a�Q..v.-a. �f.�,j... � ��1�-4- ��v ,�lR.. �_ ` �� 1'.� `�� 1.� O. �N► W►`W.< �v.\� ��.s � �.�o1.�ut- "°�' — ' v, v,,�•c� ��►.�� 5�� . � � � . ��.�.. .K.�.��.•__— . � ��• ,�,1�. w,y�►�+►,� �..� .�,��..�, o •�:� � . . •c�1t�`wy.�►a-`� o�.a cv v�... — � ��,� '� ��.V�D� �,� �.� � � � �� S CO��V�\�� O�t�.V.� �5� o � �!`�J�W-- . �.5� oV� �.��.� .� . � ,�--�-�-> Ii T. L. ANDERSON I111 East Kellogg Blvd. Apt.501 � St.Paul,Minn. 55101 I �' Area 612 227-4620 March 27, 1979 �I City Council: �' I am very much in support of the Skyway Ordinance proposed for the �' downtown skyway system in St. Paul. I believe the police officers should be given the right to stop the �I loitering in these skyways to make our walkways safe and comfortable. Sincerely, II� /�-~ �c_.�,�1/�--�-�1L__ Mr. T. L. Anderson I � (-�`�v � � Apartment ��501 I i 'I; I II I 111 E. Kellogg Blvd. St. Paul, Minn. �i 55101 �i ' March 21, 1979 � �'� i �I � �I �� St. Paul Cft� Council , Courthouse i ' Gentlemen: I I �n in faocr of �oar eaac�ing a strong, effective City Ordi- �'� nance to prohibit loiter3.ng,littering, eoliciting ia as� marmer, Bitting �, on or lieing down cra an�v building pe�rte or fixtures, or ia aay way inti- � midating, threatening or harrassment cf people uaing th� skywa�r to tra4el � from one ares. to another or to viait ax�y of the busine�e ea�ablishmeats ; therein. I �� I am in favor of an ordina.nce that ie no� va�e and general, '� bu,t exul3.cit1� enumerates the situati�ns and actioi�e which are prohib- � ited. �, II azn in favc�r of an ordinance that no� only epecifj�s what yon cannot do, but, aleo, ezplicitly stateg what will ha�en to � if you don't obey the ordis�ance. I am agalnst the ty�e of language tha� says, � for exarnpl.e, �this could be coneidered a misdeamenor". Let it be defiaite �� ae tp what the fine and�or imprisonment will be. �� After i�s patte�ge I am in fa4or that it be enforced on a con- �� tinnous basis b� having the police regala.rly, daily arul at all hoax�a !I that the s�age axe open patrol �he slqrways. I am against putting aay ordinaace 3�nt�r the St. Panl Legis- lative code that i� merely windovr dressing, that wi21 n.ot or caaaot be enforced and tha,�, after a couple of monthe, be:ignored. Youre very truly, �, �.. ��t,✓� < i .. � �, 8ober� Appleba�m �i � I, I II I I� I �