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HomeMy WebLinkAboutUntitled (2) ENCLOSURE 2 OFFICE OF WASHINGTON COUNTY ATTORNEY RICHARD • �`$`l�GTON Y a Aorrl Washington County Government Center ;< 14900 61st Street North—P.O.Box 6 Stillwater,MN 55082-00067" �`5ti 4,01497w ,R005' March 28, 1995 !: MAR 3 01995 III Oak Park Heights City Council Jai Michael Robertson, Administrator Oak Park Heights City Hall 14168 North 57th Street Oak Park Heights, MN 55082 RE: Suggested Juvenile Curfew Ordinance Dear Mr. Robertson: Purusant to my telephone call to Chief Swanson and yourself, enclosed is a copy of the Suggested Metropolitan County-wide Juvenile Curfew Ordinance that will be discussed at the April 24, 1995, City Council Meeting. Thank you for your assistance in getting copies of this to your council members. Mr. Arney is looking forward to the meeting. Sincerely yours, RICHARD M. ARNEY, COUNTY ATTORNEY WASHINGTON COUNTY, MINNESOTA C\-0-(A4'11 Judy Shefland Executive Assistant Enc. C: Chief Lindy Swanson Administration/Criminal/Juvenile/Victim Witness Civil Social Services TDD Facsimile Machines (612)430-6115 (612)430.6116 (612)430-6117 (612)439-3220 Main(612)430-6155 Civil(612)430-6163 Affirmative Action/Equal Opportunity Employer sovnvoD SUGGESTED FORM OF METROPOLITAN COUNTY-WIDE JUVENILE CURFEW ORDINANCE An ordinance setting a county-wide, nighttime curfew for juveniles. This ordinance is adopted pursuant to MINN. STAT. §145A.05, SUBD. 7A (1994) . SECTION A: FINDINGS AND PURPOSE (A) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. (B) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he or she is to be a victim of crime. (C) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Washington County also has a substantial interest in the safety and welfare of juveniles. Moreover, Washington County has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. (D) A county-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. SECTION 2: DEFINITIONS (A) "Juvenile" means a person under the age of seventeen (17) . The term does not include persons under 17 who are married or have been legally emancipated. (B) "Parent" means birth parents, adoptive parents, and step- parents. (C) "Guardian" means an adult appointed pursuant to MINN. STAT. §525. 6155 OR §525. 6165 who has the powers and responsibilities of a parent as defined by MINN. STAT. S525. 619. (D) "Responsible adult" means a person over the age of eighteen (18) specifically authorized by law or by a parent or guardian to • have custody and control of a juvenile. (E) "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not 1 limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (F) "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. (G) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any body part or organ. (H) "Establishment" means any privately-owned place of business to which the public is invited, including, but not limited to, any place of amusement, entertainment, or refreshment. (I) "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. SECTION 3: PROHIBITED ACTS (A) It is unlawful for a juvenile under the age of 15 to be present in any public place or establishment within Washington County: (1) any time between 10: 00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 am. of the following day. (2) any time between 11: 00 p.m. on any Friday or Saturday and 5: 00 a.m. on the following day. (B) It is unlawful for a juvenile, age 15 or 16, to be present in any public place or establishment within Washington County: (1) any time between 11: 00 p.m. on any Sunday, Monday, tuesday, Wednesday, or Thursday and 5: 00 a.m. of the following day. (2) any time between 12 : 01 a.m. and 5: 00 a.m. on any Saturday or Sunday. (C) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within Washington County during the hours prohibited in paragraphs (A) and (B) of this section. (D) It is unlawful for a proprietor of an establishment within 2 Washington County to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A) and (B) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. SECTION 4: DEFENSES (A) It is an affirmative defense for a juvenile to prove that: (1) the juvenile was accompanied by his or her parent, guardian, or other responsible adult. (2) the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. (3) the juvenile was involved in an emergency situation. (4) the juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. (5) the juvenile was on an errand at the direction of a parent or guardian. (6) the juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. (7) the juvenile was engaged in interstate travel. (8) the juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure, or residence. (B) It is an affirmative defense for a proprietor of an establishment to prove that: (1) the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to MINN. STAT. §340A.503, SUBD. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. 3 (2) the proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. SECTION 5: PENALTY (A) Violation of Section 3 (A) or (B) will be prosecuted pursuant to MINN. STAT. § 260. 195 and will be subject to the penalties therein. (B) Violation of Section 3 (C) or (D) is a misdemeanor and will be subject to the penalty set forth in MINN. STAT. S 609.09 (3) . SECTION 6: REVIEW The County Board shall conduct yearly reviews of this ordinance to assess the effectiveness of and continuing need for a juvenile curfew. Prior to the annual review, the County Attorney shall prepare and submit a report to the County Board evaluating violations of this ordinance and juvenile crime and victimization during the preceding year. SECTION 7: EFFECTIVE DATE This ordinance shall take effect on 4 ENCLOSURE 2A L� POLICE DEPARTMENT '` O PARk '1 CITY OF OAK PARK HEIGHTS Ai'. :' 4 � t 14168 57TH STREET NORTH • P.O. BOX 2007 � '3L1'7 OAK PARK HEIGHTS,MINNESOTA 55082 LINDY SWANSON 1‘N s� TELEPHONE:(612)439-4723 CHIEF OF POLICE FAX:(612)439-0574 EMERGENCY:911 April 17, 1995 TO: Administrator Michael Robertson FROM: Chief Indy Swanson SUBJ: County wide Curfew Ord. As stated at the meeting of the Oak Park Heights City Council on April 10, 1995, I am supportive of the county wide curfew presently being presented to the comm- unities of Washington County by County Atty. Richard Arney. I believe that our current ordinance involving the curfew hours of minors is too restrictive on weekends with some ages, and also note that some ages have no restric- tions. Presently, juveniles under age sixteen have to be offthe streets, parks, business' etc.. . by 10:00 p.m. I believe this is a bit too restrictive on weekends for fourteen and fifteen year olds. Also, at this time we have no provisions for sixteen year olds and the proposed county wide ordinance does. I also believe that having a uniform ordinance "county wide" and possibly "metro wide" will make it easier to educate the public as to exactly what the ordinance entails and will eventually make it easier to enforce. ENCLOSURE 3 OL1- POLICE DEPARTMENT °""pARk dopCITY OF OAK PARK HEIGHTS .._' ' •....•� Ai 14168 57TH STREET NORTH • P.O. BOX 2007 OAK PARK HEIGHTS, MINNESOTA 55082 LINDY SWANSON 1\. . CHIEF OF POLICE 1 � f 9 TELEPHONE:(612)439-4723 \'‘`Al FAX:(612)439-0574 EMERGENCY:911 April 12, 1995 TO: Administrator Michael Robertson FROM: tuief Lindy Swanson SUBJ: Salary review, part-time employee Brian DeRosier In the minutes of the council meeting held on 09/26/94, Mr. Brian DeRosier was approved to be hired as a part-time member of our police department. Also men- tioned in the minutes was that a salary review would be done after Mr. DeRosier completed six months of employment. Mr. DeRosier has been an asset to our police department and has proven to be dependable and reliable. Mr. DeRosier's starting salary was $12.00 per hour.: and he received a 1 .75% salary increase, along with other city employees, effective 01/01/95. Mr. DeRosier's current salary is $12.21 per hour. Our salary for a full time officer with six months on the job is $14.10 per hour. I would like to recomend, and request, that the Oak Park Heights City Council review this matter at the meeting scheduled for 04/24/95, and that Mr. DeRosier receive a salary increase of $.79 per hour which would bring his hourly salary to $13.00 per hour, still well below that of a comparable full-time employee.