CR 97-161 Trespass OrdinanceSeptember 12, 1997
Supporting Information
Ordinance number 97 -803
es A. Genellie
ssistant City Manager
TRESPASS ORDINANCE
Council Report 97 -161
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 97 -803 for first reading.
Adoption of this motion will begin the process of amending Section 2005.57 of the Hopkins City
Code allowing the Hopkins Police Department and property owners to issue written warnings to
trespassers.
Overview
Individual property owners within the City of Hopkins are experiencing problems with individuals
who repeatedly trespass on their properties. The current City ordinance prohibiting trespass does
not allow the Police Department to prosecute repeat trespassers unless they refuse to depart upon
order of the Police Department. The trespassers leave but then they return to the same property
again. This results in a situation where the same people are continually warned and asked to
leave the property without ever receiving a citation.
The Police Department is recommending that the City Code be amended to allow the issuance of
written demands to depart. These written demands are given to specified individuals who the
property owner feels are repeatedly trespassing. Someone who has been issued such a demand
can be cited the next time that they trespass.
Primary Issues to Consider
Who would issue the written demands?
The property owner is expected to issue the written demands. The Police Department may
assist them.
How are these written demands enforced?
Individuals are specifically named on the written demands. Copies of these demands are given
to the Police Department. If the Department determines that a named individual is trespassing
they can be cited.
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 97 -803
AN ORDINANCE AMENDING SECTION 2005.57 HOPKINS CITY CODE
RELATING TO TRESPASS
WHEREAS, property owners within the City of Hopkins are .
experiencing problems with individuals who trespass on their
property; and
WHEREAS, the current City ordinance prohibiting trespass does
not allow the Police Department to prosecute repeat trespassers
unless they refuse to depart upon order of the Police
Department; and
WHEREAS, the Police Department is therefore only allowed to
issue warnings to repeat trespassers without the ability to
issue citations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS,
MINNESOTA DOES HEREBY ORDAIN:
Section 1. The Hopkins City Code, Section 2005.57 is hereby
amended to read as follows:
2005.57. Trespass. Subdivision 1. General rule. Whoever
intentionally does either of the following is guilty of a
misdemeanor:
a) enters upon the land of another and, without claim of
right, refuses to depart therefrom on demand of the
lawfully possessor or his agent; or
b) enters upon the land of another, without claim of
right of consent of the lawful possessor, during such
hours as entry is prohibited by conspicuously posted
signs.
Subd. 2. Demand. A demand to depart may be made orally or
in writing or by posting at reasonable intervals signs that
prohibit trespass on the affected land. Any city police officer
may be appointed an agent of the lawful possessor of land for
the purpose of making a demand to depart therefrom.
Subd. 3. No person who has received a written demand to depart
pursuant to Subdivision 2 of this Section shall reenter the
lawful possessor's land without the written permission of the
lawful possessor, or the agent providing said demand, for a
period of up to ninety (90) days from the date of the written
demand, as provided therein.
Section 2. The effective date of this ordinance shall be twenty
days after publication.
Attest:
First Reading
Second Reading
Date of Publication
Effective Date of Ordinance
Terry Obermaier, City Clerk
Approved As To Form and Legality:
City Attorney Signature
September 16, 1997
October 7, 1997
October 15, 1997
November 5, 1997
Charles D. Redepenning, Mayor
Date