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CR 97-164 Trespass OrdinanceOctober 2, 1997 Supporting Information Ordinance number 97 -803 Minnesota State Statute 609.605 mdei lQ s A. Genellie sistant City Manager TRESPASS ORDINANCE Council Report 97 -164 Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 97 -803 for second reading and order published. Adoption of this motion will continue 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 The City Council approved Ordinance 97 -803 for first reading at the September 16 Council meeting. The purpose of this ordinance is to amend the City Code to allow the issuance of written demands to depart to individuals who are trespassing. Someone who has been issued such a demand can be cited the next time that they trespass. Primary Issues to Consider • What is the state law regarding trespass? M.S. 609.605 authorizes the issuance of an oral demand to depart which prohibits the trespasser from returning for 30 days. While this would remain an option, the written demand would extend the period to 90 days and would also avoid any argument about whether a person had been issued a demand to depart. 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 Date September 16, 1997 October 7, 1997 October 15, 1997 November 5, 1997 Charles D. Redepenning, Mayor MN State Statute - 609.605 Trespass. Subdivision 1. Misdemeanor. (a) The following terms have the meanings given them for purposes of this section. (i) "Premises" means real property and any appurtenant building or structure. (ii) "Dwelling" means the building or part of a building used by an individual as a place of residence on either a full -time or a part -time basis. A dwelling may be part of a multidwelling or multipurpose building, or a manufactured home as defined in section 168.011, subdivision 8. (iii) "Construction site" means the site of the construction, alteration, painting, or repair of a building or structure. (iv) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person on whose behalf a building or dwelling is being constructed, altered, painted, or repaired and the general contractor or subcontractor engaged in that work. (v) "Posted," as used in clause (9), means the placement of a sign at least 11 inches square in a conspicuous place on the exterior of the building that is under construction, alteration, or repair, and additional signs in at least two conspicuous places for each ten acres being protected. The sign must carry an appropriate notice and the name of the person giving the notice, followed by the word "owner" if the person giving the notice is the holder of legal title to the land on which the construction site is located or by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. (vi) "Business licensee," as used in paragraph (b), clause (9), includes a representative of a building trades labor or management organization. (vii) "Building" has the meaning given in section 609.581, subdivision 2. (b) A person is guilty of a misdemeanor if the person intentionally: (1) permits domestic animals or fowls under the actor's control to go on the land of another within a city; (2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land (3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor; (4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation; (5) enters the premises of another with intent to take or injure any fruit, fruit trees, or vegetables growing on the premises, without the permission of the owner or occupant; (6) enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public; (7) returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent; (8) returns to the property of another within 30 days after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent; or (9) enters the locked or posted construction site of another without the consent of the owner or lawful possessor, unless the person is a business licensee.