6.2. SR 08-01-2005
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Item # 6.2
MEMORANDUM
TO:
Mayor and City Council
FROM:
Joan Schmidt, City Clerk
DATE:
August 1, 2005
SUBJECT:
Consideration of an Ordinance Adding Sections 50-62 and
54-33 to the City Code
Due to the recent inappropriate behavior at Babcock Park in Elk River, City Attorney Chris
Johnson has put together proposed additions to the City Code. Section 54-33 is in regards
to Disturbing the Peace - Public Conduct in Parks; and Section 50-62 is in regards to
Offenses Involving Public Order - Indecent/Lewd Conduct.
Police Chief Beahen will be present to answer your questions.
ACTION REQUESTED
Motion by Council to adopt the attached ordinance adding Sections 50-62 and 54-33 to the
City Code.
ORDINANCE 05-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ADDING
SECTIONS 50-62 AND 54-33
OF THE CITY CODE OF ORDINANCES
RELATING TO OFFENSES INVOLVING PUBLIC ORDER AND
PUBLIC CONDUCT IN PARKS
The City Council of the City of Elk River does hereby ordain as follows:
ARTICLE III. OFFENSES INVOLVING PUBLIC ORDER
Section 50-62. Indecent/Lewd Conduct.
No person, in any public place, shall do any of the following:
1. Willfully and lewdly expose his/her person or private parts thereof; or
2. Entice or attempt to entice another person to so expose themselves; or
3. Commit, perform or engage in any lewd, lascivious obscene or indecent act; or
4. Entice or attempt to entice another person to commit, perform or engage in any lewd,
lascivious, obscene or indecent act.
5. Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor.
ARTICLE II. PUBLIC CONDUCT IN PARKS
Section 54-33. Disturbing the Peace - Conduct.
1. No person or group of persons shall disturb the peace in any park by either words or acts.
2. No person or group of persons shall use threatening, abusive, insulting, obscene or indecent
language in any park.
3. No person or group of persons shall commit, perform or engage in any lewd, lascivious,
obscene or indecent act in any park.
4. No person or group of persons shall entice or attempt to entice another person to commit,
perform or engage in, any lewd, lascivious, obscene or indecent act in any park.
5. Penalty. Any person violating this Ordinance shall be guilty of a misdemeanor.
*State law references - Municipal authority to prevent lewd conduct, M.S. ~ 412.221, subd. 26.
Passed and adopted by the City Council of the City of Elk River this _ day of
This ordinance shall take effect upon publication as provided by law.
,2005.
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk
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Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS*
*Cross references: Law enforcement, ch. 34; traffic and vehicles, ch. 74.
State law references: General police powers, Minn. Stats. S 412.221, subds. 24--26, 32;
crime generally, Minn. Stats. ch. 609.
ARTICLE III. OFFENSES INVOLVING PUBLIC ORDER
Sec. 50-62. Indecent / Lewd Conduct
No person, in any public place, shall do any of the following:
1. willfully and lewdly expose hislher person or private parts thereof; or
2. entice or attempt to entice another person to so expose themselves; or
3. commit, perform or engage in any lewd, lascivious obscene or indecent act;
or
4. entice or attempt to entice another person to commit, perform or engage in
any lewd, lascivious, obscene or indecent act.
5. Penalty. Any person violating this Ordinance shall be guilty of a
misdemeanor.
Municipal authority to prevent lewd conduct, M.S. ~ 412.221, subd. 26.
Chavter 54 PARKS AND RECREATION*
*Cross references: Park and recreation commission, 9 2-231 et seq.; streets, sidewalks
and other public places, ch. 66; vegetation, ch. 82; waterways, ch. 86.
State law references: General authority relative to parks, Minn. Stats. 9412.191; parks
generally, Minn. Stats. ch. 448.
ARTICLE II. PUBLIC CONDUCT IN PARKS
Sec. 54-31. Closing hours.
No person shall enter or remain upon the grounds of any public park within the city after
10:00 p.m. or before 6:00 a.m.
(Code 1982, S 408.00)
Sec. 54-32. Consumption of alcoholic beverages on public beach.
No person shall consume liquor on a public beach located in a city park.
(Code 1982, 9 408.02)
Cross references: Alcoholic beverages, ch. 6.
Sec. 54-33. Disturbing the Peace - Conduct
1. No person or group of persons shall disturb the peace in any park by either
words or acts.
2. No person or group of persons shall use threatening, abusive, insulting,
obscene or indecent language in any park.
3. No person or group of persons shall commit, perform or engage in any lewd,
lascivious, obscene or indecent act in any park.
4. No person or group of persons shall entice or attempt to entice another
person to commit, perform or engage in, any lewd, lascivious, obscene or
indecent act in any park.
5. Penalty. Any person violating this Ordinance shall be guilty of a
misdemeanor.
Municipal authority to prevent lewd conduct, M.S. ~ 412.221, subd. 26.