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CR 20104-064 Amendments to Section 2005 of the City CodeJuly 15, 2014 4M Council Report 2014-064 AMENDMENTS TO SECTION 2005 OF THE CITY CODE Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2014-1074 for first reading. Adoption of this motion will begin the process of amending Section 2005 — Miscellaneous Provisions of the Hopkins City Code. Overview Section 2005 — Misdemeanors: miscellaneous provisions, has developed over the years as a place to put various prohibitions on a wide variety of behaviors. Staff recently requested that the City Attorney's office review this Section for outmoded or redundant language. The City Attorney's office has made a number of suggestions for amending this Section. A number of the suggestions involve moving various sections to other areas of the City Code, for example moving sections concerning misdemeanors relating to the use of streets and alleys to Chapter 8 of the City Code: Streets, Alleys and Public Grounds. Other suggestions involve the elimination of outmoded or redundant language, for example prohibitions which are covered in state law or other sections of the City Code. Staff intends to act on the suggestions of the City Attorney's office. The first step is to adopt an ordinance eliminating outmoded or unnecessary language in Section 2005. The next step will be to amend other Sections of the City Code by moving language from Section 2005 to these sections. There is one recommended addition to Section 2005 which involves adding language regarding misdemeanors to this Section. Primary Issues to Consider • What language from Section 2005 is being changed? Supporting Information • Analysis of Issues • Alternatives • Ordinance number 2014-1074 Jam A. Genellie Assistant City Manager Council Report 2014-064 Page 2 Analysis of Issues What language is being added? Chapter XX of the Hopkins City Code deals with misdemeanor violations. Section 2000 states that "A violation of the statutes herein adopted is a violation of this code and is a misdemeanor or, if so designated in those statutes, a gross misdemeanor or a petty misdemeanor." The City Attorney's office is suggesting that similar language should be added to Section 2005: "All acts described, regulated, and prohibited by the provisions of this section are hereby deemed to be misdemeanors, and in addition to any other remedy available in law or equity, shall be punished as misdemeanors." What language in Section 2005 is being eliminated? 2005.07. Burial of human body. It is unlawful to bury a human body in the city except in a public cemetery. — This is covered by state law. 2005.13. Cruelty to children. It is unlawful to torture, torment, or cruelly or unlawfully punish a minor, or to commit any act of cruelty toward a minor. — This is covered by the state criminal code. 2005.27. Hedge fences. It is unlawful for a person owning or controlling any property at any intersection of streets to allow shrubs or a hedge fence bordering on any street or sidewalk to grow to a height which obstructs the vision of persons driving motor vehicles on the street. — This section is covered by another portion of Section 2005: 2005.59, Subd. 3: Subd. 3. Trees, hedges, billboards, or other obstructions, except buildings erected in accordance with this code, which prevent persons driving vehicles approaching an intersection of public highways from having a clear view of traffic approaching such intersection from cross streets for one hundred feet along such cross streets, measured from the property line, when one hundred feet from such intersection, measured from the property line. 2005.43. Withholding possession of city property. It is unlawful to take possession of property, real or personal, belonging to the city or to the possession of which the city hall is entitled or to commit any trespass thereon or to unlawfully withhold the property from the city. The unlawful withholding of such property after demand therefore has been made by the city manager is a new and separate offense for every day the possession is withheld after such demand. — Covered by the state criminal code and other sections of the City Code. 2005.53. Unauthorized driving of motor vehicles. No person shall drive a motor vehicle belonging to another without the owner's consent. — Covered by Minnesota State statutes. 2005.59, Subd. 2. Snow and ice not removed from public sidewalks twelve hours after the snow or ice ceased to fall thereon. — Covered by City Code Section 820.03: 820.03. Walks And Weeds. The owner or occupant of property adjacent to a public sidewalk, carriage walk, or driveway apron, shall maintain such areas in a clean and safe condition for pedestrians at all times and shall not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit. Council Report 2014-064 Page 3 2005.59, Subd. 6. Buildings, walls and other structures which have been damaged by fire, decay, or otherwise, and which are so situated as to endanger the safety of the public. — Covered by City Code Section 615.01, Subd. 3: Subd. 3. Dangerous structure. Dangerous structure shall mean any structure which is potentially dangerous to persons or property including but not limited to: a) a structure which is in danger of partial or complete collapse; or b) a structure which has any exterior parts such as chimneys, eaves, porches, siding, railings, or trim which are loose or in danger of falling; or c) a structure which has any parts such as porches, stairs, ramps, rails, balconies, floors, or roofs which are accessible and which are either collapsed, in danger of collapsing, or not able to carry their designed weight. 2005.59, Subd. 8. Loud or unusual noises and annoying vibration which offend the peace and quiet of persons of ordinary sensibilities. — Determined to be unenforceable. In the City Attorney's opinion "this prohibition is extremely vague, leaving citizens with little certainty as to when it applies." Alternatives 1. Adopt Ordinance number 2014-1074 for first reading. 2. Do not adopt Ordinance number 2014-1074. Staff recommends Alternative 41.