05-08-07 PSC AGENDAPOLICE COMMISSION AGENDA
MAY 81 2007
6:30 PM
1. Call meeting to order.
2. Consider agenda approval.
3. Consider the following minutes.
A. Approval of April 10, 2007 minutes.
4. Open Forum: (5 minute limit)
A. OCAA (Otsego Community Awareness Association)
5. Old Business
A. McGruff (Appearance at Safety Camp June 9 from 9-12)
B. Mail boxes
C. Restaurant Tents (Joel to present new format)
D. Curfew result
6. New Business
7. Line Items.
A. April 23 -Sandy
8. Council Meeting Assignments
May 14
June 11
9. Adjournment.
Next Meeting June 12, 2007.
Open Forum: If you have any questions, comments or information regarding an
item on the agenda, please step forward to be recognized by the Police
Commission during "OPEN FORUM" item on the agenda. State your name and
address for the record.
NORTHWEST ASSOCIATED CONSULTANTS,
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(o�nacplanning.com
MEMORANDUM
TO: Otsego Mayor and City Council
Otsego Police Commission
FROM: Carie Fuhrman / Daniel Licht, AICP
DATE: 30 April 2007
RE: Otsego — City Code; Juvenile Curfew
NAC FILE: 176.08 — 07.04
BACKGROUND
The City Council directed City staff to review the provisions of Chapter 5, Section 3 of
the City Code establishing a juvenile curfew. The need to review this section of the City
Code was raised by a discussion at the 11 April 2007 Police Commission meeting
where it was noted that Otsego's current juvenile curfew is different from that of
surrounding communities and that the code does not provide exceptions for situations
where there is a need for a juvenile to be in public during curfew hours. A draft
ordinance amending the City Code is attached for review and explained herein. Text to
be added is underlined and text to be deleted is shown with a strikeout.
Exhibits:
A. Existing Juvenile Curfew Ordinance.
B. Draft Ordinance Amendment.
ANALYSIS
Findings. The draft ordinance amendment includes a statement of findings as to the
purpose of the juvenile curfew regulation. These findings establish a basis and explain
the purpose for the City to adopt a juvenile curfew. Similar language had been adopted
in 1996 when the curfew ordinance was originally adopted but was not included in the
codification of the City Code.
Surrounding Communities. One of the comments from the Wright County Sherriff
Deputies is that Otsego's existing juvenile curfew hours are different than those of
surrounding communities. This makes awareness and enforcement of Otsego's
juvenile curfew hours more difficult. The table below summarizes the curfew hours for
surrounding communities.
Community
Age
Hours
Sun -Thu Fri -Sat
Rogers
Under 12
9:00PM-5:00AM 10:00PM-5:00AM
12 to 14
10:00PM-5:00AM 11:00PM-5:OOAM
15 to 17
11:0013M-5:60AM 12:01AM-5:OOAM
Hassan Township
No Curfew Ordinance
Dayton
Under 12
9:001?M-5:00AM 10:00PM-5:OOAM
12 to 14
To:OOPM-5:OOAM 11:OOPM-5:OOAM
15 to 17
11:00PM-5:00AM 12:01AM-5:OOAM
St. Michael
Under 16
10:00PM-5:00AM
16 to 17
11:00PM-5:00AM
Albertville
Under 16
10:0013M-5:00AM
16 to 17
11:00PM-5:00AM
Monticello
Under 18
11:0013M-5:00AM
Elk River
Under 16
10:0013M-5:00AM
16 to 17
12:01AM-5:OOAM
Zimmerman
Under 16
10:OOPM-5:OOAM
16
12:OOAM-5:OOAM
Proposed Curfew Hours. The curfew hours for communities surrounding Otsego can
be divided by County or School District (which involves three counties and three school
districts). In that the Wright County Sheriffs office enforces the curfew ordinance in
Otsego, St. Michael, Albertville and Monticello, we recommend a consistent requirement
in Otsego as for the other communities. The Police Commission and City Council will
need to determine if juveniles under 16 years of age are to be subject to a more
restrictive 10:OOPM curfew as in Albertville and St. Michael or if an 11:00 PM curfew
should apply to all minors as in Monticello.
Exceptions. The existing juvenile curfew ordinance does not provide any exceptions to
the restricted hours juveniles may remain in public. This creates problems in situations
where a juvenile has a job, attendance at school or religious activities, regional travel or
other activities that may be protected by the First Amendment of the Constitution
regarding right of assembly.
The draft ordinance amendment includes a section outlining activities excepted from the
curfew hours. We recommend the Police Commission discuss further the need to
provide an exception for juveniles to be on errands for parents or guardians after
curfew.
0)
The draft ordinance amendment also establishes exceptions for proprietors to be
subject to penalties for violation of the juvenile curfew ordinance by allowing juveniles to
remain on their premises. The exception is allowed for proprietors that either make an
effort to determine compliance with the juvenile curfew ordinance by verifying patron
ages or report suspected juvenile curfew ordinances to the Sheriff.
Penalties. The penalties section of the existing juvenile ordinance has been revised to
provide for a reference to State Statues applicable to petty offenses by juveniles and
petty misdemeanor by adults.
CONCLUSION
The proposed amendment of Otsego's juvenile curfew ordinance would make the
regulation more consistent with that of adjacent communities and establish exceptions
for legitimate activities. These changes are consistent with comments made by Wright
County Sheriffs deputies and are intended to make the ordinance more practical to
enforce. The Police Commission is to review the draft ordinance amendment at their
meeting on 9 May 2007 and is to make recommendations to the City Council as to
approval of the updated code.
C. Mike Robertson, City Administrator
Judy Hudson, City Clerk/Zoning Administrator
Andy MacArthur, City Attorney
,1:.N 11:10M'04010 1
AN ORDINANCE REGULATING THE PRESENCE AND
CONDUCT OF MINORS ON STREETS AND OTHER PUBLIC
PLACES; DEFINING DUTIES OF PARENTS OR OTHERS IN
CARE OF MINORS; PROVIDING FOR PROCEDURES AND
PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, the City Council has determined that there has been an increase in
juvenile crime between the hours of 10:00 p.m. and 5:00 a.m. by persons under the age of
18; and
WHEREAS, this increase in juvenile crime poses a danger to the health, safety
and general welfare of the juveniles and of the general public; and
WHEREAS, Juveniles are particularly vulnerable at night time hours to become
victims of crime due to their inability to make critical decisions in a mature and
experienced manner; and
WHEREAS, A juvenile curfew seeks to regulate juvenile activities carried out at
night time hours upon the streets and in public places and establishments where the risk of
danger to juveniles can be the greatest; and
WHEREAS, A curfew for those under the age of 18 will be in the interest of the
public health, safety, and general welfare and will help to attain the foregoing objectives
and to diminish the undesirable impact of such conduct on the citizens of the City of
Otsego.
1,THEREFORE, ORDAINED 1 1
THE CITY OF OTSEGO.
SECTION 1. DEFINITIONS. In this section:
a. Curfew Hours mean 10:00 p.m., every day of the week, until 5:00 a.m. of
the following day.
b. Establishment means any privately owned place of business operated for a
profit to which the public is invited, including but not limited to any place
of amusement or entertainment.
C. Guardian means (1) a person who, under court order, is the guardian of
the person of a minor; or (2) a public or private agency with whom
a minor has been placed by a court.
d. Minor means any person under 18 years of age.
e. Parent means a person who is a natural parent, adoptive parent or step-
parent of another person.
f. Public place means any place to which the public or a substantial group of
the public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
g. Remain means to (1) loiter, linger, or stay; or (2) fail to leave the
premises when requested to do so by a police officer or the owner,
operator or other person in control of the premises.
SECTION 2 RESTRICTIONS It shall be unlawful for:
a. any minor to remain in any public place or on the premises of any
establishment within the city during curfew hours unless accompanied
by a parent or legal guardian;
b. any parent or guardian to permit, either knowingly or by insufficient
control, allow the minor to remain in any public place or on the premises of
any establishment within the City during curfew hours unless accompanied
by a parent or legal guardian;
C. any owner, operator, or any employee of an establishment to knowingly
allow a minor to remain upon the premises of the establishment during
curfew hours unless accompanied by a parent or legal guardian.
Any minor apprehended while violating any of the restrictions of Section 2 above
shall be escorted home and placed in the custody of the minor's parent or guardian.
a. A person who violates a provision of this chapter is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued or permitted.
2
b. Any minor who is convicted of a violation of this ordinance after the case
has been referred for prosecution in the trial court under Minn. Stat,
260.15, and any adult person having the care and custody of such minor,
is:
i Minors --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense.
ii Parents --Guilty of a petty misdemeanor and shall be punished by a
fine not to exceed $75.00 or community service time as deemed
necessary by the presiding judge, plus all costs of prosecution of
this ordinance for a first offense;
iii Minors --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for a
second offense within six months of a prior conviction under this
ordinance;
iv Parents --Guilty of a petty misdemeanor and a fine not to exceed
$200.00 or community service time as deemed necessary by the
presiding judge, plus all costs of prosecution of this ordinance for
a second offense within six months of a prior conviction under this
ordinance;
SECTION 5. SEVERABILITY, The terms and provisions of this ordinance
are severable. If any provision of this ordinance is, for any reason, held to be invalid, such
decision shall not effect the validity of the remaining portions of this ordinance. It is
intended that this Curfew Ordinance be held inapplicable in such cases, if any, where its
application would be unconstitutional.
This ordinance shall be effective upon passage by the City Council and publication
in the official city newspaper.
Passed 28th day of March, 1996
G
City Clerk, Elaine Beatty
Mayor, Norman F. Freske
(Seal)
Published in the Elk River Star News on April 10th, 1996.
Posted 4-1-96
ORDINANCE NO.: 2007 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 5, SECTION 3 OF THE OTSEGO
CITY CODE REGULATING JUVENILE CURFEW.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 5, Section 3 of the Otsego City Code is hereby
amended to read as follows:
SECTION 3
JUVENILE CURFEW
Section:
5-3-1
Findings and Purpose
5-3-42
Definitions
5-3-3
Curfew Hours
5-3-24
Restrictions
5-3-5
Exceptions
5-3-36
Enforcement
5-3-47
Penalties
5-3-68
Severability
5-3-14 FINDINGS AND PURPOSE:
A The City Council has determined that there has been an increase in
juvenile crime by persons under the age of 18.
B The increase in juvenile crime poses a danger to the health, safety and
general welfare of the juveniles and the general public.
C Juveniles are particularly venerable at night time hours to become victims
of crime due to their inability to make critical decisions in a mature and
experienced manner.
D While parents or guardians have the primary responsibility to provide for
the health safety and welfare of juveniles the City of Otsego also has . -a
substantial interest in the safety and welfare of juveniles. Moreover. the
City of Otsego has an interest in preventing juvenile crime promotma
parental supervision and providing for the well being of the general pupiic.
E A juvenile curfew seeks to regulate juvenile activities carried out at night
time hours upon the streets and in public places and estapiisnments
where the risk of danger to juveniles can be the greatest.
F A curfew for those under the age of 18 will be in the interest of the public
health,...safety and general welfare and will aid in attaining the foregoin
objectives and to diminish the undesirable impact of such conduct on the
citizens of the City of Otsego.
5-342: DEFINITIONS:
I M0
Establishment: Any privately owned place of business operated for a profit to
which the public is invited, including but not limited to any place of amusement or
entertainment.
Juvenile A minor person under the age of eighteen (18)The term does not
include persons under 18 who are married or have been leaally emancipated.
Guardian:,
whom a m4u*=has been placed by a
eou 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.
§525.619.
Minor: Any person under eighteen (18) years of age.
Parent: A person who is a natural parent, adoptive parent, or step-parent of
another person.
Proprietor: 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 ofltcers of a
corporation.
Public Place: Any place to which the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses, office buildings,
transport facilities, and shops.
Remain: To loiter, linger, or stay or to fail to leave the premises when requested
to do so by a police officer or the owner, operator, or other person in control of
the premises.
Serious Bodily Injury: A bodily injury that creates a substantial risk of death -or
that causes death serious permanent disfigurement, or protracted loss of
impairment of the function of any body part or oraan.
5-3-3: CURFEW HOURS: It is unlawful for a juvenile to be present
in any public place or establishment within the City of Otsego:
A Any time between 1000 p.m. on any Sunday. Monday, Tuesday.
Wednesday, or Thursday and 5.00 a.m. of the following day.
B Any time between 1.1_ •00 p.m. on any Friday or Saturday and 5:00 a.m. on
the followina day.
5-3-24: RESTRICTIONS: It shall be unlawful for:
A. Any minor to remain in any public place or on the premises of any
establishment within the City during curfew hours unless accompanied by
a parent or legal guardian.
B. Any parent or guardian to permit, either knowingly or by insufficient
control, allow the minor to remain in any public place or on the premises of
any establishment within the City during curfew hours unless accompanied
by a parent or legal guardian.
C , A proprietor or any employee of an establishment to
knowingly allow a minor to remain upon the premises of the establishment
during curfew hours unless accompanied by a parent or legal guardian.
A Juveniles shall be exempt from the restrictions established by Seciton 5-3-
4 of this Chapter when the juvenile can demonstrate that
3
1 The juvenile was accompanied by his or her parent. guardian, or
other responsible adult.
2 The juvenile was engaged ina. lawful employment activity or was
going to or returning home from his or her place of employment.
3 The iuvenile was involved in an emergency situation.
4 The juvenile wasgoing to attending, or returnina 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 engaged in interstate travel.
7 The juvenile was on the public right-of-way boulevard or sidewalk
abutting the property containing the iuvenile's residence or abutting
the neighboring property structure or residence.
8 The juvenile was exercisina First Amendment rights protected by
the United States Constitution or Article I of the Constitution of the
State of Minnesota.
B A proprietor or employee shall be exempt from the restrictions established
by Section 5-3-4.Q of this Chapter when the proprietor or emplovee can
demonstrate that:
1 The proprietor or employee reasonably and in good faith relied
upon a juvenile's representations of proof of age. Proof of ape 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.
2 The proprietor or employee promptly notified the responsible law
enforcement agency that a juvenile was present on the premises of
the establishment during curfew hours.
5-346: ENFORCEMENT:
A A law enforcement officer may not issue a citation, detain a iuvenile or
take a juvenile into custody based on a violation of Section 5-3-5 of this
Chapter unless the law enforcement officer, after speaking with the
juvenile and considering the facts and surrounding circumstances:
4
1 Reasonably believes that the juvenile has violated Section 5-3-5 of
this Chapter: and.
2 Reasonably believes that none of the exceptions in Section 5-3-5 of
this Chapter apply.
B. Anyuv� enille apprehended while violating any of the restrictions of
Section 5-3-24 of this Code shall be escorted home and placed in the
custody of theuvi enile's parent or guardian.
5-3-47,: PENALTIES:
-
i -- -
- -- = -
--- - --- - --- -
----
A A violation of Section 5-3-4.A will be prosecuted pursuant to Minn. Stat.
&2606 235 and will be subiect to the penalties therein.
B A violation of Section 5-3-5.13 or C is a misdemeanor and will be subject to
the penalty set forth in Minn. Stat. &609.03.
5-3-5$: SEVERABILITY: The terms and provisions of this
ordinance are severable. If any provision of this ordinance is, for any reason,
held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance. It is intended that this curfew ordinance be held
inapplicable in such cases, if any, where its application would be unconstitutional.
[s1
Page 1 of 1
Mike Robertson
From: "Otsego City Hall" <cityhall@ci.otsego.mn.us>
To: "Mike Robertson" <mike@ci.otsego.mn.us>; "Judy Hudson" <judy@ci.otsego.mn.us>
Sent: Monday, April 23, 2007 8:44 AM
Subject: Fw: "Police Commission"
----- Original Message -----
From: Adam & Amelia Gislason
To: c�hall a�ci_otsego.mn.us
Sent: Friday, April 20, 2007 12:05 PM
Subject: "Police Commission"
Dear Police Commission Members,
On the front page of the Star News Wednesday, April 186, there was an article entitled "National Night
Out Drive Started." saying that the Otsego Police Commission is trying to establish a group in Otsego and
would like to have residents come to the next Police Commission meeting at City Hall on May 86 at
6;30pm to share ideas and strategies. It also said that you are looking for one or two people to chair the
group and that neighborhood leaders will be appointed to work with blanketing the city with events that
help neighbors get to know each other, which will in turn help deter crime, National night out is August
76. This sounds like a great idea!
The OCAA (Otsego Community Awareness Association) may be interested in helping. Please let us know
at your convenience if this is something that the Police Commission members would be interested in.
OCAA exists to be a people's voice for Otsego, to help spread community awareness on topics that impact
Otsego residents now and into the future as well as having community events so that residents can get to
know each other better.
Thank you for all that you do for our community!
Respectfully Submitted,
Pastor Adam Gislason
OCAA (Otsego Community Awareness Association)
(763) 441-1428
agi5la50n0rivevbridgc,grg
4/23/2007
Page 1 of 1
From: "Mike Robertson" <mil<e@ci.otsego.mn.us>
To: <agislason@riverbridge.org>
Sent: Monday, April 23, 2007 1:36 PM
Subject: Police Commission
Pastor Gislason,
I don't speak for the Police Commission but I'm sure they would be interested in hearing from you. Their next meeting is
Tuesday, May 8, 2007 at 6:30 p.m. at Otsego City Hall. I will pass your letter on to them. If you have any questions,
please contact me.
Michael Robertson
City Administrator
Otsego City Hall
8899 Nashua Avenue NE
Otsego, MN 55330
763/441-4414
cityhall@ci.otse_go_mn.us
4/23/2007