99-022 ORDORDINANCE 99 - 22
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER 400.00 OF THE CITY CODE
OF ORDINANCES TO INCLUDE SECTION 403.00 ENTITLED
TRESPASSING ON PRIVATE PROPERTY
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 403.00 entitled "Trespassing on Private
Property" be added under Chapter 400.00 of the Elk River City Code of
Ordinances as follows:
403 - TRESPASSING ON PRIVATE PROPERTY
403.00 - PURPOSE
To enable private owners of real property, situated within the
City and to which the public has some implicit right of access,
to exclude persons from that property where the person has
committed a crime on the premises or violated the properly posted
rules of conduct for the property.
403.02 - DEFINITIONS
The following words and terms when used in this Section shall
have the following meanings, unless the context clearly indicates
otherwise:
COMMON AREAS: Ail areas of the property which are maintained for
the common use of its tenants or the general public incidental to
the conduct of the normal and legitimate activities upon the
premises, including, but not limited to, parking lots and ramps,
private roadways, reception areas, rotundas, waiting areas,
hallways, restroom facilities, elevators, escalators, and
staircases.
COVERED PREMISES: Any improved real property, or portion
thereof, to which the public has an implicit right of access
including, but not limited to, places of worship, shopping malls,
retail sales facilities, hotels, motels, nursing homes,
restaurants, multiple-family residential buildings, residential
apartment complexes, hospitals, medical and dental offices,
clubs, lodges, office buildings, banks and financial
institutions, transit stations, athletic and recreational
facilities, personal service establishments, theaters, and
daycare facilities.
PROPERTY MANAGER: Any owner of a covered premises or the agent
thereof who is authorized to exercise control over the property,
including common areas. The term ~property manager" includes any
tenant who is an owner of the property or agent of the owner and
authorized to exercise control over the property, including some
common areas.
TENANT: Any authorized occupant of a covered premises, or the
agent thereof.
TRESPASS NOTICE: A written notice which contains minimally the
following information:
1. A verbatim copy of Section 403.06, infra;
2. The name, date of birth, and address of the person to whom
the notice is issued, to the extent this information is available
and is provided by that person, and the name of the person's
custodial parent or guardian when that person is a juvenile;
3. A description of the specific conduct which serves as a
basis for the issuance of the notice;
4. A description of the specific property to which the trespass
notice applies;
5. The period during which the trespass notice is in effect,
including the date of its expiration;
6. The name, title, and telephone number of a person with
authority to modify, amend, or rescind the trespass notice prior
to its normal expiration;
7. The method by which the trespass notice was served upon the
person to whom it was issued.
403.0~ - WHEN TRESPASS NOTICE MAY ISSUE
A property manager or tenant may issue a trespass notice as
provided under this ordinance only under the following
circumstances:
1. Where there is probable cause to believe that the person has
committed an act prohibited by state statute or city ordinance
while on the covered premises, whether in or on a common area or
areas or in a tenant's space; or
2. Where there is probable cause to believe that the person has
violated the rules of conduct for the property which have been
conspicuously posted at all public entrances to the property or
have been provided to the person in writing by the property
manager or tenant.
403.06 - PROHIBITED CONDUCT
1. No person shall trespass in or upon any private property
and, without claim of right, refuse to depart therefrom on demand
of the property manager or tenant.
2. No person who has been served with a trespass notice in
conformity with this ordinance shall enter the premises described
therein during its effective period without the written
permission of the party issuing the notice or the authorized
agent thereof as specifically named in the notice. Violation of
the terms of the notice will result in criminal prosecution with
potential incarceration of up to 90 days in jail and a potential
fine of up to $700.00.
3. No person shall enter any area of private property in
violation of conspicuously posted signs prohibiting or
restricting access thereto, including but not limited to the
following signs, UNo Trespassing", "Authorized Personnel Only",
~Private", ~Employees Only", and ~Emergency Exit Only".
403.08 - ADDITIONAL PROVISIONS
1o Where a trespass notice is issued by a tenant who is not the
property manager, the notice is effective only as to that portion
of the premises over which the tenant is entitled to exercise
control.
2. No trespass notice shall be effective for more than one year
from the date of its original issuance.
3. Ail trespass notices issued pursuant to this section must be
properly served upon the person named therein as follows:
A. personal service documented by either a receipt signed
by the person to whom it was issued or an affidavit of the
issuer;
B. where the person named in the trespass notice is
arrested by a police officer for an act prohibited by state
statute or city ordinance, the arresting officer may
personally serve the notice on behalf of the property
manager or tenant and so document that fact in the officer's
official police report detailing the incident.
403.10 - PENALTY
A violation of Section 403.06 shall be punishable as a
misdemeanor.
Section 2. That this ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this 12th day of July, 1999 by the City Council of the
City of Elk River.
ATTEST:
Sandra A. Peine, City Clerk
Stepl~nie A. Klinzing, Mayor
RESOLUTION 99 -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 99-22, AN ORDINANCE
AMENDING CHAPTER 400 OF THE CITY CODE OF ORDINANCES
TO INCLUDE SECTION 403 ENTITLED
TRESPASSING ON PRIVATE PROPERTY
WHEREAS,
the City Council of the City of Elk River has adopted an
ordinance pursuant to which Section 403, entitled Trespassing
on Private Property, has been added to Chapter 400 of the Elk
River City Code of Ordinances; and,
WHEREAS, the following is a summary of Section 403 as adopted in
Ordinance 99-22; and,
WHEREAS,
the ordinance sets forth a statement of purpose that excludes
persons from private real property if the person has committed
a crime on the premises or violated the properly posted rules of
conduct for the property; and,
WHEREAS,
the ordinance sets forth definitions for common areas, covered
premises, property manager, and trespass notice, all of which
are included in Section 403, Trespassing on Private Property;
and,
WHEREAS, the ordinance sets forth regulations as to when the trespass
notice may be issued; and,
WHEREAS, the notice sets forth provisions for prohibited conduct for
trespassing on private property; and,
WHEREAS, the ordinance sets forth additional provisions relating to the
trespass notice; and,
WHEREAS, the ordinance sets forth a penalty for trespassing; and,
a copy of the entire text of this ordinance is available for
inspection by any person in the office of the City Clerk at City
Hall and at the Elk River Public Library; and,
WHEREAS,
the City Council approves the text of the summary of
Ordinance 99-22 and has determined that it clearly informs
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED that this official summary of
Ordinance 99-22 shall be published in lieu of publication of the entire
ordinance as provided by Minnesota Law.
Passed and adopted by the City Council of the City of Elk River this 19tn day
of July, 1999.
ATTEST:
Sandra A. Peine, City Clerk
~" ' Klinzin~, Me~yor
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
WlmB,EAS, thE!
City of Elk . " "
nance pursuan
entitled,' Tres
Prope 'has bee
.ElK
; and,
, AS, the
'Section 4
e 99-22; an ,
, theordinance..sets forth
a 'statement of pUrpose that excludes
persons' from 'private .real 'Praperty, if
the person has committed a crime' on
the premises or violated the properly
pllS:ted rules ,\?f<cop(iuct for;the,proper- ,
ty; and, ' . "
WHEREAS, the ordinance sets forth .
definitions for Common areas, co
premises, property manager,
pass notice, all of which are
in Section 403, Trespassing on,
Property; and, ' ,
, WHEREAS"the ordinance s
regulations as to when
notice may be issued; and,
WHERE . atice se
, ,~, "RESOLUTION 99-54
JA RESOLUTION OF THE CITY
, . OF ELK RIVER '
A RESOLUTION APPROVING
NOTICE OF PUBLICATION OF
'IAL.8 YOF '
!INANe 22,,"
ORDINANCE :
CHAPTER. 400 OF
TY CODE OF
ES TO INCLUDE.
^ t"
f_\\-~_n~\oe~ \-\Q\\\S
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended. 0 J..:. ('A a r;J I \
(B)Theprinted n.Q..oO \ \),.,\0" -\ ~\ - J,-
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for \ suc-
cessive weeks; it was first published on Wednesday, the Q D '-V\~
day of :\ \ ^ \ '1 ' ,19-33, and was thereafter
printed and publish d on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind oftype used in the composition and publication of the
notice.
BY:
TITLE:
day of
a penalty for trespassing; 1m , .
WHEREAS, a copy of the entire text '
of this ordinance is available for
hy; 'in the, office .
Hall and at:
d, '
.
RATE INFORMATI
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ 99,00
$ (I, ~
$ 7 7. "to