95-204S�.bS-�;�.�� �
LL
Presented By
Referred To
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Council File # �J — ���"l
Ordinance #
Green Sheet # ..� °� l g �,
An ordinance amending the Saint Paul
Legislative Code, adding a new chapter
thereto establishing a user charge for
excessive consumption of police services.
The Council of the City of Saint Paul Does Ordain:
Section 1
The Saint Paul Legislative Code be and the same is hereby
amended so as to add trie following new chapter thereto:
ORDINANCE ESTABLISHING USER
CHARGE FOR EXCESSIVE CONSUMPTION
OF POLICE SERVICES
Section .01. Purposes. It is the intent of the City
Council by the adoption of this ordinance to impose on and
collect from the person or persons in charge of or responsible
for an nuisance event or activity that generates extraordinary
cost to the City over and above the cost of providing normal law
enforcement services and police protection city-wide.
Section .02. Definitions. For the purpose of this
chapter the terms defined in this section shall have the meanings
ascribed to them:
Last known address shall be the address shown on the records
of the Ramsey County Department of Property Taxation or a
more recent address known to the Police Department. In the
case of parties not listed in these records, the last known
address shall be that address obtained by the Police
Department after a reasonable search.
Mail: Service by mail shall mean by depositing the item with
the United States Postal Service addressed to the intended
recipient at his or her last known address with first class
postage prepaid thereon.
Nuisance event is one requiring special security assignment
in order to protect the public peace, health, safety and
welfare. A nuisance event includes but is not limited to
the following: loud and boisterous conduct, noises and
activities disturbing the peace, congregation of two or more
persons in intoxicated conditions or under the influence of
drugs or alcohol, fiqhting or use of obscene or inflammatory
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA �t
�a�.�
language, loud music constituting a nuisance or disturbing
the peace, activities causing excessive pedestrian
vehicular traffic and parking problems and conqestions,
events occurring after 11:00 P.M. to sunrise of the
following day which disturbs the peace and tranquility of
the neighborhood, use and display of narcotics, illegal
drugs and controlled substances and paraphernalia for its
use, congregating in a tumultuous, noisy or rowdy crowd, and
indecent eaposure and lewd conduct.
Owner: A person or persons shown to be owner or owners of
property on the records of the Ramsey County Department of
Property Taxation.
Personal service: Service by personally handing a copy to
the intended recipient or by leaving a copy at the intended
recipient's residence or place of business with a person of
suitable age and discretion.
Police services fee is the fee to be imposed for law
enforcement services associated with a special security
assignment. Such fee may be either a flat fee of $250.00 or
an additional amount of up to a total of $1000.00 based on,
but not limited to, salaries of police officers while
responding to or remaining at the nuisance event, the
prorata cost of equipment, the cost of repairing City
equipment and property, and the cost of any medical
treatment of injured police officers.
Responsible person is a person who owns the property where
the nuisance event takes place, and/or a person in charge of
the premises, and/or a person who organized or served as a
host of the nuisance event. If the responsible person is a
minor, then the parents or guardians of that minor will be
considered responsible persons.
Service of notice by personal service shall constitute the
delivery of the warninq letter to the responsible person or
by mailing it to the last known address of the responsible
person.
SpeCial security assianment is the assignment of police
officers, services and/or equipment during a second or
subsequent response to the nuisance event after the service
of a written notice to the responsible persons that a police
services fee may be imposed for costs incurred by the City
for any subsequent police response.
Section .03. Initial Police Responses to Nuisance Event.
When any police officer responds to any nuisance event and
determines that there is a threat to the public peace, health,
safety or general welfare, the police officer s�� may_ serve a
written notice to the responsible person or persons that any
subsequent police response to that same location or address
within a thirty (30) day period, shall be deemed a special
security assignment and that the responsible person or persons
may be liable for a police services fee.
Section .04. 5ubsequent Police Responses; Liability. If
after a written notiae is served pursuant to this chapter and a
subsequent police response or responses is necessary to the same
�s�� �
location or address within a thirty (30) day period, then each
subsequent response or responses shall be deemed a special
security assignment. Responsible persons who had previously
received a notice of warning shall be jointly and severally
liable for a police services fee for a special security
assignment.
The amount of the police services fee shall be a debt owed
to the City by the responsible person or persons.
The City reserves its rights to seek reimbursement for
actual costs and damages exceeding $1000.00 through other legal
remedies or procedures.
The police response or responses to a nuisance event may
also result in the arrest and/or citation for violations of state
or local laws or ordinances.
Section .05. Cost; Collection. The Chief of Police shall
notify the City Finance Director in writing of the performance of
each special security assignment, of the name and address of the
responsible person or persons, the date and time of the incident,
the services performed, and the amount of the police services
fee. If the polioe services fee is in excess of $250.00 the
Chief of Police shall provide documentation to support the
additional amount. The Finance Director shall thereafter cause
appropriate billings to be made and be responsible for the
collection of the police services fee.
Section .07. Administxative Appeal. An administrative
appeal of a police service £ee may be made to the Chief of Police
or designee within ten (10) days from the date of mailing of the
billing. The request for a Yaearing shall be in writing and
addressed to the Chief of Police and shall include a copy of the
billing and grounds for the appeal. The Chief of Police or
designee may modify the service fee upon a finding that the
responsible person or persons had made a good faith effort to
remedy the situation or that the nuisance event was not the fault
of the person or persons filing the appeal.
Section 2
This ordinance shall take effect and be in force thirty days
from and after its passage, approval and publication.
Section 3
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Section 4
This ordinance shall be deemed a part of the Saint Paul
Legislative Code and shall be incorporated therein and given the
chapter number andJor section number at the time oP the next
revision of the Legislative Code.
(Companion Resolution - Council Ei1e 95-812)
PnRi icurn
AUG 12 1995
9 s = aD`�
Requested by Department of:
By:
Date
Certified by Counc' etary
Approved by
By:
Form App o ed by
By:
Approv d y Mayo
Council
By:
for Submission to
Adopted by Council:
_ �sal�l
DEPARTMEN7)OFFICE/COUNqL DAiE MITIATED ' `� � + � " �
Councilmember Rettman Zi /95 GREEN SHEE
INfTIAV�ATE INRIAUDATE
CONTqCT PERSON & PHONE � DEPAflTMENT DIRECTOR � CIN COUNCIL
Sanice Rettman dt 266-8650 p���N �CITVATTORNEV OCRYCLERK
MUST BE ON CAUNCIL AGENDA BY (DATE) p0Ui1NG � BUIX'aEf D�RECTOR O FlN. 8 MGT. SERVICES �IR.
March 1, 1995 OflDER OypyOF(Of1ASSISTANn O
70TAL # QF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE)
ACfION REQUESTED: .
An ordinance amending the Saint Paul Legislative Code by adding a new chapter thereto
establishing a user charge for excessive consumption of police services.
(iECOMMENDATIONS: Approvs (A) or Re�ec[ (R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ P�ANNING CAMMISSION _ CNI� SERVICE WMMISSION �� Has this personRirm ever worked under a conirac[ for ihis tlepartment?
_ qB COMMITTEE _ YES NO
2. Has this personRirm ever bean a city employee?
_ S7AFP — YES NO
_ DIS7RiCr COUR7 _ 3. DoeS this personlfirm possess a skill not normally possessed by any current city employee?
SUPPORTSWHICHCOUNCILOBJECTIVE'+ YES NO
Explain all yes answers on separete sheet antl attaeh to green sheet
SEE ATTACHED BUDGET CHANGE SHEET
INITIATINCa PROBLEM, ISSUE.OPPORNNRV (Who, What When, Where. W1ry):
The "cry" from the neighborhoods is for consistent and proactive enforcement regarding
nuisance events including but not limited to loud and boisterious conduct, noises and
activities disturbing the peace, congregation of 2 or nore persons in intoxicated condition
or under the influence of drugs or alcohol, fighting or use of obscene or inflammatory
language, loud music constituting a nuisance or disturbing the peace, activities causing
excessive pedestrian vehicular traffic and parking problems and congestions, etc.
ADVANTAGES IF APPROVED.
The responsible party or parties would be held accountable for the extra cost of police
services rather than the general taxpayer.
This ordinance would be for repeat "offending" properties, etc.
DISADVANTAGES IF APPROVED �
DISA�VANTAGES IF NOT APPROVEO:
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FUNDIfdG SOUHCE ACTIVITV NUMBER
FINANCIALINFORMATION (EXPLAIN) NOTE: Revenue fOT S0YVICP.S wi11 be received bv the C.It.S' fOT the
extra services provided.
.—
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Interdepartmental Memorandum � :
CTI'Y OF SAINT PAUL
OFFICE OF CITY ATTORNEY
Suite 400 City Hall
Saint Paul, Minnesota 55102
Phone: (612)-266-8710
FAX: (612)-298-5619
DATE: December 16, 1994
�s-�a�{
� �,__
- - � �� .
TO: Councilperson Janice Rettman ' " '
Room 32�A CONFIDENTIA�
City Aall
FROM: Jerome J. Segal
Assistant City Attorney
SUBJECT: Police Special,r^•.rvices Fees
Our File G-94- 74
c
Attached is a draft of the ordinance which will be discussed
next week in our meeting with you. This draft is based on a
similaz concept developed in the City of Huntington Beach,
California.
I am sending a copy of the draft to your assistant also.
cc: Joe Collins (enc)
Tim Marx (enc)
John McCormick (enc)
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Facsimile Transmission
To: All City Councilmembers
From: West 7th/Fort Road Federation
Date: July 1 X, I995
DATED MATERIAL
If there are any questions with the ix�ansmission, call 298-5599.
�UL 1�:�5 FEDERRTION p,0z
�[S _a�`�
V�'eet 7tL/Fort Raad FederafSon
974 West 7th Street
Saint Paul, Minnesota 55102
(612)298-6b99
r� t t , 1995
City Operations Committee Members:
Michael Harris, Chair
Jeiry Blakey
Dino Guerin
Janice Rettman
Dave Thune
City Hall _ Third Floor
15 West Kellogg Boulevazd
Saint Paul, Minnesota 55102
Re: Ordinance 95-204
Deaz Councilmembers,
The West 7th/Fort Road Federation is in support of the grogosed ordinance to esmblish a usetr
charge for excessive consumption of police services.
At aut Annnal Convention of May 8th this yeaz, the community passed a resolution to continue
to work on developing solutions to deal with problem properCies. This proposed ordinance is akin
to an idea which was brought before the assembly at that time, This proposed ordinance will
help to save city resources and make peopie responsible for their actions.
Sincerely,
. C/���
3tasia Vercos
cc: Councilmembers:
Roberta Megazd
Marie Grimm
Cooperating Fhnd Drive Member
AfT'irmative Actron/Equal Opportunity Employer
TOTAL P.02
•
�—
LAW OFFICES OF
SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES, INC.
300 MINNESOTA BUILDING
46 EAST FOURTA STREET
ST. PAUI„ MINNESOTA 55101
(612) 22U5863
FAX (612) 297-6457
BRUCE A. BENEKE
EBECUT[VEDIRECIVR
PATR[CIA ANN BRUMMER
rxoaoxocoo�nzoa
PARALEGAUS
Atil'] SI7LiAVAN
SAIVANG
]EANNIEM.W[LLIAffiS
Honorable Roberta Megard
St. Paul City Council
Third Floor, City Aall
St. Paul, MN 55102
July 19, 1995
RE: Proposed Ordinance Establishing User Chazge
For Excessive Consumption of Police Services
Dear Councilmember Megazd:
`�- �.� y
STEVEN WOLFE
LAW WORHMANAGER
ATTORNEYS
xeewnsn2zx
rtosLr n�zeen�Ln
MA&THAAEAVES
xaxex F. EcvxGSOx
ItAT1SLEEN At EYESLAGE
RENGILCH&�ST
MAAYMARGA2F."f HL10T
GERALDG.KALUZNY
ROYCELAWSON
PACYINZLYFOUNG
GREGMARI'fA
LAURA MEI.NICR
GLENDA POTTER
D1ANE S9EEAY
JAMES J. STREET
THOMAS G. SQU[RE
Thank you for inviting us to provide the City Council with input regarding the proposed
ordinance establishing a user chazge for "excessive consumption of police services." We
apologize for not having ready at this time a thorough analysis of the proposed ordinance, but
with the large number of state and federal legislative changes affecting our clients, we have been
extraordinarily busy during the fime since this proposal was made publia lf a final vote is not
taken today, we would be happy to provide the Council with a more comprehensive analysis.
As you know, Southern Minnesota Regional Legal Services, Ina (SMRIS) is a non-profit law
firm providing free legal services to low income individuals on civil legal matters such as loss
of shelter, health care, income, and food, as well as protection from domestic abuse. As such,
we represent a lazge spectrum of people who could poten6ally be affected by the proposed
ordinance.
Our greatest concern is with the most vulnerable of the people potentially affected. One such
group is victims of domestic abuse. We understand that the Council has sought extensive input
from advocates for victims of domestic abuse. We applaud the Council's efforts and recommend
that cazeful consideration be given to advocates' proposals. We arz also concerned about other
vulnerable people who may be adversely affected by the proposed ordinance,including elderly,
physically disabled, and mentally disabled individuals, and other low income people who, due
to economic constraints, are forced to live in high crime areas or buildings.
Our general concerns about the ordinance, in its present state, aze its vagueness and overbreadth.
Much of the vagueness comes from the definifion of "responsible person." The definition, as
written, includes a person "in chazge of the premises." "In charge of" is a very vague term to
e
a5-��
Hon. Bobbi Megard
July 19, 1995
page.2
be used to establish legal liability. The inclusion of a"host of a nuisance event" may also be
problemafic for enforcement purposes. Police discretion is virtually unlimited under the
ordinance language. That there is an appeal process may not make up for this discretion in light
of the fact that the appeal is to the police department rather than to a neutral admuustrative
appeal body.
Inirial examples of the poten6al for harm we aze concerned about include:
• Penalizing those who appear to be "in charge of the premises" but who, in reality, aze
victims of abuse.
+ Penalizing those who appear to be "in charge of the premises" but who aze unable,
because of fear and intimidation, to stop the nuisance activity. (We see this possibility
as affecting elderly and disabled people disproportionately).
• Penalizing a mentally ill person whose mental illness results in inappropriate activity that
is beyond the individuai's control.
If the ordinance is not voted on today, we can provide addidonal examples of ways in which the
ordinance will unfairly affect some of the most vulnerable cifizens of St. Paul. If the ordinance
is adopted in its present form, we fear it may be subject to successful legal challenges.
We would be happy to work with the Council to achieve ;he laudable goa:s of conserving City
resources while limiting the poten6al for misuse or abuse of the process. We feel that the
ordinance language needs to be adjusted to make the ordinance more fair.
Again, thank you for your invitation. We appreciate your willingness to consider our concerns.
Sincerely,
.�"���'-���
Steven J. Wolfe
Attorney at I.aw
Law Work Manager
( �Q�- ��`'.�""'�"�
Laura Melnick
Attorney at Law