97-839Council File # 1 1 8 3 9
ordinance #
Green Sheet # �`-J \ ilJ
0
�
An ordinance amending Saint Paul Legislative
Code § 272.03 by adding language forbidding
loitering for the purposes of distributing illegal
narcotics; by creating a new section describing the
factual circumstances to be considered in
establishing intent to loiter for the purposes of
distributing illegal narcotics; and by creating a new
section requiring a probationary condition be
ordered that prohibits reriun to the geographical
location where the crime occurred:
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Saiut Paul I.egislative Code § 272.03 is hereby amended to read as follows:
No person shall loiter or lurk on the streets, or in a public place, or in a place open to the
public, with intent to soficit for the purpose of prostitution, distributing ille,gal narcotics or any
other act prohibited by law.
Section 2.
That Saint Paul Legislative Code Chapter 272 be amended by adding a new section,
describing the factual circumstances to be considered in establishing intent to loiter for the
purpose of distributing illegal narcodcs to read as follows:
Section 272.05. Factual circumstances to be considered in establishing intent to loiter for
the purgose of distributing illegal narcotics.
Amon� the circumstances which mav be considered in determining whether a
nerson intends to loiter or lurk for the �urpose of en,gagine in distributingille�al narcotics are
whether a person:
�al repeatedlv beckons to. stops or attemnts to stop. or engages �assersbv in conversation:
�b,2re�eatedly sto�s ar attem�ts to stop motor vehicle o�erators bv hailing waving of anns
or other bodilX gesture•
� � � � � {;,� �, � ORDINANCE 3,
CITY OF SAINT PAUL, MINNESOTA
2
�l acts as a look-out
o�����a�
R� -f39
3 (dZiransfers small objects or �ackages of cunency or an,`* other thing of value in a furtive
4 fashion which would lead an observer to believe or ascertain that a drug tra�saction has or ic
5 about to occur•
7 (el carries small objects or packages in one's mouth and transfers such objects or �ackages
8 to another �erson for currency or any other thing of value or swallows or attem�ts to swallow
9 the ob�c�ts or �ackages if approached by a law enforcement officer.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2A�
25
26
27
28
A prima facie case ma�be established bv a law enforcement officer's observations of
the offender's behavior. and the seizure or recovery of illeg�l drugs shall not be a�rerec�uisite
to establishment of a nrima facie case.
Section 3.
That St. Paul Legislaflve Code Chapter 272 be amended by adding a new section, requiring
the condition of a probationary condition that prolubits a person convicted under ttris chapter to
retum to the geographical location where the crime occurred during the term of the
probationary period, to read as follows:
Section 272.06. Probationarv condition.
Upon conviction under this chagter the city�rosecutor may rec�uest that the court
imnose. as a condition of nrobarion. a�rohibition u�on the convicted person from entering
nnon the propertv in the �eoera�hical location where the crime occurred the boundaries of
which will be determined at the sentenc� hearin�
1
2
3
4
5
6
7
8
�R{�INAL ��-s3�
Secrion 4.
This ordinance shall take effect thirty (30) days from its passage, approval and publicarion.
p��i icu�n
AUG 2 91997
Requested by Department of:
Adopted by CounCil: Date � ��
Adoption Certified by Council S retary
8 �--��, �-� ° ^ _
Approved by Mayor: Da e ¢ lc1 `7�-
gY: i �.
Hy:
Forni Appxoved by City Attorney
8y: �_i�T�-G�-�
Approved by Mayor for Submission to Council
By:
N°_ 50978
��,�� ����,� �DATE GREEN SHEE � �� ����
C ��� � ����� ❑ IMTIAUDATE � fNITIAVDATE
7e OEPARTMENT�IRECTOR CINCOlJNC4
ASSIGN � CEN ATSORN£Y � CITV CLERK
MUST BE ON CqUNCiI AGENDA BY IDATE) NVMBEp FOA Q BUDGET DIqECTOFl O FIN. 8 MGT SERViCES DIR.
NOUi1NG
OPOER Q MAYOR (OR ASSBTANT) �
T07AL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTlON REQUESTED:
Amending the Saint Paul Legislative Code 272.03 by adding language and creating a new section describing circumstances to establish
intent to loiter for the pucposes of disuibuting illegal narcotics. Also creates a new section reqniring a probationary order tBat prohibits
renun to the geograplucal azea where the crime occucred.
FiECOMMEN0AT10NS: Appmve (A� or Reject (R) pER50NAL SERVICE CONTRACTS MUST ANSVYER TNE FOLLOWING �l1EST10N5:
__ PLANNiNG COMMISSION _ CNIL SERVICE COMMISSION �� Has thi5 pelSONfirm eVer workEtl UMet a ContraCt for Ihis depertmant?
_ CIB COMMITTEE _ YES NO
2. Has this personRirm ever been a city employee?
_ STAFF _ YES NO
_ DISTRICTCOUHT _ 3. DoCS thi5 pErson/firm pp55255 8 Skill nOt nofmall
y possessed by any curteM ciTy employee?
SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO
Explai� ali yea a�awers on separete aheet anE attaeh to green sheet
INfflAiiNG PROBLEM, ISSUE, OPP�RTUNITY(VJho, Whet, When. Where. WM1y�:
AWANTAGES IF APPROVEO: �
DISADVANTAGES IFAPPROVE�
� �f� �. {#��
��� � � ����
�ISA�VANTAGES lF NOT APPflOVE�. �
70TAL AMOUNT OF THANSAC7{ON S COSTlREYENUE SUDGETED {CtRCIE ONE) YES NO
FUNDIfdG SOURCE ACT�VITY NUMBER
FINANC�AL INFORlhATION (EXPLAIN)
Council File # 1 1 8 3 9
ordinance #
Green Sheet # �`-J \ ilJ
0
�
An ordinance amending Saint Paul Legislative
Code § 272.03 by adding language forbidding
loitering for the purposes of distributing illegal
narcotics; by creating a new section describing the
factual circumstances to be considered in
establishing intent to loiter for the purposes of
distributing illegal narcotics; and by creating a new
section requiring a probationary condition be
ordered that prohibits reriun to the geographical
location where the crime occurred:
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Saiut Paul I.egislative Code § 272.03 is hereby amended to read as follows:
No person shall loiter or lurk on the streets, or in a public place, or in a place open to the
public, with intent to soficit for the purpose of prostitution, distributing ille,gal narcotics or any
other act prohibited by law.
Section 2.
That Saint Paul Legislative Code Chapter 272 be amended by adding a new section,
describing the factual circumstances to be considered in establishing intent to loiter for the
purpose of distributing illegal narcodcs to read as follows:
Section 272.05. Factual circumstances to be considered in establishing intent to loiter for
the purgose of distributing illegal narcotics.
Amon� the circumstances which mav be considered in determining whether a
nerson intends to loiter or lurk for the �urpose of en,gagine in distributingille�al narcotics are
whether a person:
�al repeatedlv beckons to. stops or attemnts to stop. or engages �assersbv in conversation:
�b,2re�eatedly sto�s ar attem�ts to stop motor vehicle o�erators bv hailing waving of anns
or other bodilX gesture•
� � � � � {;,� �, � ORDINANCE 3,
CITY OF SAINT PAUL, MINNESOTA
2
�l acts as a look-out
o�����a�
R� -f39
3 (dZiransfers small objects or �ackages of cunency or an,`* other thing of value in a furtive
4 fashion which would lead an observer to believe or ascertain that a drug tra�saction has or ic
5 about to occur•
7 (el carries small objects or packages in one's mouth and transfers such objects or �ackages
8 to another �erson for currency or any other thing of value or swallows or attem�ts to swallow
9 the ob�c�ts or �ackages if approached by a law enforcement officer.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2A�
25
26
27
28
A prima facie case ma�be established bv a law enforcement officer's observations of
the offender's behavior. and the seizure or recovery of illeg�l drugs shall not be a�rerec�uisite
to establishment of a nrima facie case.
Section 3.
That St. Paul Legislaflve Code Chapter 272 be amended by adding a new section, requiring
the condition of a probationary condition that prolubits a person convicted under ttris chapter to
retum to the geographical location where the crime occurred during the term of the
probationary period, to read as follows:
Section 272.06. Probationarv condition.
Upon conviction under this chagter the city�rosecutor may rec�uest that the court
imnose. as a condition of nrobarion. a�rohibition u�on the convicted person from entering
nnon the propertv in the �eoera�hical location where the crime occurred the boundaries of
which will be determined at the sentenc� hearin�
1
2
3
4
5
6
7
8
�R{�INAL ��-s3�
Secrion 4.
This ordinance shall take effect thirty (30) days from its passage, approval and publicarion.
p��i icu�n
AUG 2 91997
Requested by Department of:
Adopted by CounCil: Date � ��
Adoption Certified by Council S retary
8 �--��, �-� ° ^ _
Approved by Mayor: Da e ¢ lc1 `7�-
gY: i �.
Hy:
Forni Appxoved by City Attorney
8y: �_i�T�-G�-�
Approved by Mayor for Submission to Council
By:
N°_ 50978
��,�� ����,� �DATE GREEN SHEE � �� ����
C ��� � ����� ❑ IMTIAUDATE � fNITIAVDATE
7e OEPARTMENT�IRECTOR CINCOlJNC4
ASSIGN � CEN ATSORN£Y � CITV CLERK
MUST BE ON CqUNCiI AGENDA BY IDATE) NVMBEp FOA Q BUDGET DIqECTOFl O FIN. 8 MGT SERViCES DIR.
NOUi1NG
OPOER Q MAYOR (OR ASSBTANT) �
T07AL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTlON REQUESTED:
Amending the Saint Paul Legislative Code 272.03 by adding language and creating a new section describing circumstances to establish
intent to loiter for the pucposes of disuibuting illegal narcotics. Also creates a new section reqniring a probationary order tBat prohibits
renun to the geograplucal azea where the crime occucred.
FiECOMMEN0AT10NS: Appmve (A� or Reject (R) pER50NAL SERVICE CONTRACTS MUST ANSVYER TNE FOLLOWING �l1EST10N5:
__ PLANNiNG COMMISSION _ CNIL SERVICE COMMISSION �� Has thi5 pelSONfirm eVer workEtl UMet a ContraCt for Ihis depertmant?
_ CIB COMMITTEE _ YES NO
2. Has this personRirm ever been a city employee?
_ STAFF _ YES NO
_ DISTRICTCOUHT _ 3. DoCS thi5 pErson/firm pp55255 8 Skill nOt nofmall
y possessed by any curteM ciTy employee?
SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO
Explai� ali yea a�awers on separete aheet anE attaeh to green sheet
INfflAiiNG PROBLEM, ISSUE, OPP�RTUNITY(VJho, Whet, When. Where. WM1y�:
AWANTAGES IF APPROVEO: �
DISADVANTAGES IFAPPROVE�
� �f� �. {#��
��� � � ����
�ISA�VANTAGES lF NOT APPflOVE�. �
70TAL AMOUNT OF THANSAC7{ON S COSTlREYENUE SUDGETED {CtRCIE ONE) YES NO
FUNDIfdG SOURCE ACT�VITY NUMBER
FINANC�AL INFORlhATION (EXPLAIN)
Council File # 1 1 8 3 9
ordinance #
Green Sheet # �`-J \ ilJ
0
�
An ordinance amending Saint Paul Legislative
Code § 272.03 by adding language forbidding
loitering for the purposes of distributing illegal
narcotics; by creating a new section describing the
factual circumstances to be considered in
establishing intent to loiter for the purposes of
distributing illegal narcotics; and by creating a new
section requiring a probationary condition be
ordered that prohibits reriun to the geographical
location where the crime occurred:
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That Saiut Paul I.egislative Code § 272.03 is hereby amended to read as follows:
No person shall loiter or lurk on the streets, or in a public place, or in a place open to the
public, with intent to soficit for the purpose of prostitution, distributing ille,gal narcotics or any
other act prohibited by law.
Section 2.
That Saint Paul Legislative Code Chapter 272 be amended by adding a new section,
describing the factual circumstances to be considered in establishing intent to loiter for the
purpose of distributing illegal narcodcs to read as follows:
Section 272.05. Factual circumstances to be considered in establishing intent to loiter for
the purgose of distributing illegal narcotics.
Amon� the circumstances which mav be considered in determining whether a
nerson intends to loiter or lurk for the �urpose of en,gagine in distributingille�al narcotics are
whether a person:
�al repeatedlv beckons to. stops or attemnts to stop. or engages �assersbv in conversation:
�b,2re�eatedly sto�s ar attem�ts to stop motor vehicle o�erators bv hailing waving of anns
or other bodilX gesture•
� � � � � {;,� �, � ORDINANCE 3,
CITY OF SAINT PAUL, MINNESOTA
2
�l acts as a look-out
o�����a�
R� -f39
3 (dZiransfers small objects or �ackages of cunency or an,`* other thing of value in a furtive
4 fashion which would lead an observer to believe or ascertain that a drug tra�saction has or ic
5 about to occur•
7 (el carries small objects or packages in one's mouth and transfers such objects or �ackages
8 to another �erson for currency or any other thing of value or swallows or attem�ts to swallow
9 the ob�c�ts or �ackages if approached by a law enforcement officer.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2A�
25
26
27
28
A prima facie case ma�be established bv a law enforcement officer's observations of
the offender's behavior. and the seizure or recovery of illeg�l drugs shall not be a�rerec�uisite
to establishment of a nrima facie case.
Section 3.
That St. Paul Legislaflve Code Chapter 272 be amended by adding a new section, requiring
the condition of a probationary condition that prolubits a person convicted under ttris chapter to
retum to the geographical location where the crime occurred during the term of the
probationary period, to read as follows:
Section 272.06. Probationarv condition.
Upon conviction under this chagter the city�rosecutor may rec�uest that the court
imnose. as a condition of nrobarion. a�rohibition u�on the convicted person from entering
nnon the propertv in the �eoera�hical location where the crime occurred the boundaries of
which will be determined at the sentenc� hearin�
1
2
3
4
5
6
7
8
�R{�INAL ��-s3�
Secrion 4.
This ordinance shall take effect thirty (30) days from its passage, approval and publicarion.
p��i icu�n
AUG 2 91997
Requested by Department of:
Adopted by CounCil: Date � ��
Adoption Certified by Council S retary
8 �--��, �-� ° ^ _
Approved by Mayor: Da e ¢ lc1 `7�-
gY: i �.
Hy:
Forni Appxoved by City Attorney
8y: �_i�T�-G�-�
Approved by Mayor for Submission to Council
By:
N°_ 50978
��,�� ����,� �DATE GREEN SHEE � �� ����
C ��� � ����� ❑ IMTIAUDATE � fNITIAVDATE
7e OEPARTMENT�IRECTOR CINCOlJNC4
ASSIGN � CEN ATSORN£Y � CITV CLERK
MUST BE ON CqUNCiI AGENDA BY IDATE) NVMBEp FOA Q BUDGET DIqECTOFl O FIN. 8 MGT SERViCES DIR.
NOUi1NG
OPOER Q MAYOR (OR ASSBTANT) �
T07AL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTlON REQUESTED:
Amending the Saint Paul Legislative Code 272.03 by adding language and creating a new section describing circumstances to establish
intent to loiter for the pucposes of disuibuting illegal narcotics. Also creates a new section reqniring a probationary order tBat prohibits
renun to the geograplucal azea where the crime occucred.
FiECOMMEN0AT10NS: Appmve (A� or Reject (R) pER50NAL SERVICE CONTRACTS MUST ANSVYER TNE FOLLOWING �l1EST10N5:
__ PLANNiNG COMMISSION _ CNIL SERVICE COMMISSION �� Has thi5 pelSONfirm eVer workEtl UMet a ContraCt for Ihis depertmant?
_ CIB COMMITTEE _ YES NO
2. Has this personRirm ever been a city employee?
_ STAFF _ YES NO
_ DISTRICTCOUHT _ 3. DoCS thi5 pErson/firm pp55255 8 Skill nOt nofmall
y possessed by any curteM ciTy employee?
SUPPORTS WHICH COUNCIL O&IECTIVE� YES NO
Explai� ali yea a�awers on separete aheet anE attaeh to green sheet
INfflAiiNG PROBLEM, ISSUE, OPP�RTUNITY(VJho, Whet, When. Where. WM1y�:
AWANTAGES IF APPROVEO: �
DISADVANTAGES IFAPPROVE�
� �f� �. {#��
��� � � ����
�ISA�VANTAGES lF NOT APPflOVE�. �
70TAL AMOUNT OF THANSAC7{ON S COSTlREYENUE SUDGETED {CtRCIE ONE) YES NO
FUNDIfdG SOURCE ACT�VITY NUMBER
FINANC�AL INFORlhATION (EXPLAIN)