2018.10.02 Work Session Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Sept. 28, 2018
City Council
Work Session Agenda
Oct. 2, 2018
6:30 p.m.
Conference Room A
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held at ______ p.m. on Oct. 2, 2018 in Conference
Room A, 4141 Douglas Dr. N., Crystal, Minnesota.
I. Attendance
Council Members Staff
____ Dahl ____ Therres
____ Deshler ____ Gilchrist
____ Kolb ____ Revering
____ LaRoche
____ Parsons
____ Adams
____ Budziszewski
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Chapter 20 of the City Code.
2. Constituent issues update.
3. New business.*
4. Announcements.*
* Denotes no supporting information included in the packet.
III. Adjournment
The work session adjourned at ______ p.m.
Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-
1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
538250v1 TJG CR225-423
Kennedy Troy J. Gilchrist
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9214 telephone
(612) 337-9310 fax
tgilchrist@kennedy-graven.com
http://www.kennedy-graven.com
&
Graven
C H A R T E R E D Also: St. Cloud Office
501 W. Germain Street, Suite 304
St. Cloud, MN 56301
(320) 240-8200 telephone
MEMORANDUM
To: Crystal City Council
From: Troy Gilchrist, City Attorney
Date: September 27, 2018 (October 2, 2018 Worksession)
Re: Draft Chapter 20 (Misdemeanors)
The City Council is being asked to review and give direction at its October 2, 2018 worksession on
the draft amendments to Chapter 20 regarding general misdemeanor prohibitions. This chapter
contains a mix of general welfare prohibitions that are punishable (like all code violations) as a
misdemeanor, including: disorderly conduct; resisting officers; loitering; liquor in parks and other
public places; trespass; nuisances; conduct around schools; shade tree disease controls; and graffiti.
The amendment was prepared as a delete-all amendment, but I have included a redline showing all of
the changes made to produce the current draft. You will see that some provisions were removed and
it may be possible to remove the disorderly conduct provisions as well since they are addressed in
state law. The abatement procedure was also amended to create a standard process that better reflects
current law. After this work session I plan to present the draft, with any additional changes directed
by the Council, to the City’s new prosecutor to make sure the changes will not cause any issues in his
office and to discuss same with the police chief.
As always, I will be happy to answer any questions and to make any revisions or further amendments
to this chapter as directed by the City Council.
DRAFT
9-27-18
CITY OF CRYSTAL
ORDINANCE #2018-____
AN ORDINANCE REPLACING
CHAPTER XX OF THE CRYSTAL CITY CODE
The City of Crystal ordains:
ARTICLE I. Chapter XX of the Crystal City Code is hereby deleted in its entirety and replaced
with the following:
CHAPTER XX
MISDEMEANORS
Section 2000 - General provisions; stateprohibited conduct
law adopted by reference
2000.01.Conduct prohibited. It is unlawful to engage in an act or in the behavior prohibited by
this chapter. Violation of a provision of this chapter is a misdemeanor and may be punished as
provided in section 115 of this code.
2000.03.Provisions of criminal code adopted by reference. The provisions of Minnesota Statutes,
Chapter 609, as amended, the provisions of Minnesota Statutes, Chapter 624, as amended, and any
provision of the Crystal City Code which is punishable as a misdemeanor, are hereby adopted by
reference and are as much a part of this code as if fully set forth herein. (Amended, Ord. No.
2010-08, Sec. 1)
2000.05. A violation of the statutes adopted by reference herein is a violation of this code.
2000.07.Liability for crimes of another. Subdivision 1.Aiding, abetting; liability. A person is
criminally liable for a crime established by subsection 2000.05 committed by another if the person
intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to
commit the crime.
Subd. 2.Expansive liability. A person liable under subdivision 1 is also criminally liable
for a crime established by subsection 2000.05 committed in pursuance of the intended crime if
reasonably foreseeable by the person as a probable consequence of committing or attempting to
commit the crime intended.
Subd. 3.Abandonment of criminal purpose. A person who intentionally aids, advises,
hires, counsels, or conspires with or otherwise procures another to commit a crime established by
subsection 2000.05, and thereafter abandons that purpose and makes a reasonable effort to prevent
the commission of the crime prior to its commission is not liable if the crime is thereafter
committed.
1
538173v12 DTA CR225-423
DRAFT
9-27-18
Subd. 4.Circumstances of conviction. A person liable under this subsection may be
charged with and convicted of a crime established by subsection 2000.05 although the person who
directly committed it has not been convicted, or has been convicted of some other degree of the
crime or of some other crime based on the same act, or if the person is a juvenile who has not been
found delinquent for the act. 2005.01.Disorderly conduct. The following acts are disorderly
conduct:
a)Lurking, lying in wait, or concealment in a building, yard or street in the city(a)
with intent to commit a crime or misdemeanor therein;
b)WilfullyWillfully disturbing a meeting not unlawful in its character, or the(b)
peace and quiet of a family or neighborhood;
c)WilfullyWillfully and lewdly exposing one's person or one's private parts, or(c)
procuring another to so expose oneself, open and gross lewdness or lascivious
behavior, or an act of public indecency;
d)Using profane, vulgar or indecent language in or about a public building,(d)
store, place of public entertainment, or place of business, or on streets, alleys or
sidewalks of the city so as to be audible and offensive;
e)Appearing upon a public street or other public place in an intoxicated(e)
condition or drinking intoxicating liquor on a street or a vehicle on a public street;
f)Unlawfully striking or in an unlawful manner offering to or doing bodily(f)
harm to another person or unlawfully making an attempt to apply any degree of force
or violence to the person of another, or in a violent, rude, angry or insolent manner
touch or lay hands upon the person of another; or
g)WilfullyWillfully making a false report to a police officer in the(g)
performance of the officer's duties.
2005.03.2000.05.Resisting a public officer. It is unlawful to wilfullywillfully resist, delay, or
obstruct a public officer in discharging or attempting to discharge a duty of the officer'’s office.duty.
2005.05.2000.07.False statements. It is unlawful to make a false statement in an application for a
permit or license from the city.
2005.07.2000.09.Swimming in Twin Lakes. It is unlawful to swim or bathe in Twin Lakes or in a
creek or pond within the limits of the city between the hours of 10:00 p.m. and 6:00 a.m.
2005.09.2000.11. Loitering. Subdivision
Subd. 1.Prohibited. It is unlawful to loiter, loaf, wander, stand or remain idle either alone
or in consort with others in a public place in such manner as to:
2
538173v12 DTA CR225-423
DRAFT
9-27-18
a)Obstruct any public street, public highway, public sidewalk or any other(a)
public place or any building generally open to public patronage, by hindering or
impeding or tending to hinder or impede the free and uninterrupted passage of
vehicles, traffic or pedestrians; or
b)Commit in or upon any public street, public highway, public sidewalk or any(b)
other public place or any building generally open to public patronage, any act or thing
which is an obstruction or interference to the free and uninterrupted use of property or
with any business lawfully conducted by any one in or upon or facing or fronting on
any such public street, public sidewalk or any other public place or building, all of
which prevents the free and uninterrupted ingress, egress, and regress therein, thereon
and thereto.
Subd. 2.Police order. If a person causes or commits a condition enumerated in subdivision
1,1 of this subsection, a police officer or any law enforcement officer may order that person to stop
causing or committing such conditions and to move on or disperse. A person who fails or refuses
to obey such orders is guilty of a violation of this section.
2005.11.2000.13.Fire alarm system and false alarms. It is unlawful to tamper with or in any way
interfere with any element of any fire alarm sys tem within the city. It is unlawful to give, or cause
to be given, any alarm of fire or other emergency condition when no fire or emergency condition
exists.
2005.13.2000.15.Obstruction of fire hydrants. It is unlawful to park a vehicle in such a way as to
obstruct a fire hydrant. The stopping or parking of a vehicle within ten10 feet of a fire hydrant is an
obstruction of the hydrant and a violation of this subsection.
2005.15.2000.17.Liquor and beer in parks. It is unlawful to bring into, possess, barter, give away
or consume any intoxicating liquor or non-intoxicating malt beverages in any public park or any
vehicle parking area immediately adjoining such park; provided, however, that this prohibition does
not apply to any special permit issued by the city council under the provisions of subsection
1215.15 of this code relating to non-intoxicating malt liquor.premises included in a valid on-sale
license issued pursuant to Crystal city code, subsection 1200.47.
2005.17.2000.19.Liquor and beer in public places.Subdivision 1.Public ways.It is unlawful to
consume, barter, or give intoxicating beverages or malt beverages in or upon a public street,
avenue, boulevard, alley or other, public way or parking lot open to the public, whether in a vehicle
or not, in the city.
Subd. 2.Parking areas. It is unlawful to consume, barter or give any intoxicating beverages
or non-intoxicating malt beverages in or upon a parking area open to the public whether in a vehicle
or not.
2005.19.2000.21. Trespass; notice. Subdivision
3
538173v12 DTA CR225-423
DRAFT
9-27-18
Subd. 1. Remaining on property. On premises privately owned but open to the use of the
general public, it is unlawful to remain on the premises after having been requested to leave by the
owner of the premises, an authorized representative of the owner, or any other person or entity
entitled to possession of the premises.
Subd. 2.Two year rule. On any property privately owned but open to the use of the general
public, it is unlawful to return to the property after receipt of a written notice of trespass from the
owner, an authorized representative of the owner, or any person or entity entitled to possession of
the property, or law enforcement official, which notice prohibits the person from returning to the
property. This prohibition is effective for two years from the date the written notice was served.
Subd. 3.Notice. The written notice under subdivision 2 of this subsection must be
personally served upon the party prohibited from entering the property. An affidavit of service
must be executed at the time of service. A prosecution may not be maintained under subdivision 2
of this subsection unless the property owner or other complaining party can produce a copy of the
notice of trespass and a signed affidavit of its service.
2000.23. Interference with inspection.It is unlawful to intentionally prevent, delay or interfere
with any city inspector while said inspector is engaged in the performance of any duties imposed by
this code.
Section 20102005 - Nuisances
2010.01.2005.01. Nuisances. Subdivision
Subd. 1.DefinedActs constituting. The following acts are declared a public nuisance and
are unlawful:
a)Engaging in a business or activity that is dangerous, hurtful, unwholesome,(a)
offensive or unhealthy to the neighborhood, or that constitutes an annoyance to the
persons in the neighborhood, or is detrimental to the property in the neighborhood;
b)Permitting, suffering or maintaining, or failing to remove offensive,(b)
nauseous, hurtful, dangerous, unhealthy conditions resulting from a failure to properly
dispose of garbage, sewage, waste, debris or any other unwholesome or offensive
substance, liquid or thing, upon one's premises, or to drop, discharge, pass, deposit or
otherwise deliver the same upon the premises of another or public property;
c)Constructing, maintaining, permitting or allowing upon one's property any(c)
billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast,
display, issue or circulate insulting, profane or abusive emblem, sign, or device, or
blasphemous written or printed statement, calculated or such as is likely to cause a
breach of the peace; or
d)Displaying, circulating, issuing or publishing slanderous or obscene,(d)
immoral, or lewd pictures, posters, literature, writings, drawings or oral statements.
4
538173v12 DTA CR225-423
DRAFT
9-27-18
Subd. 2.Abatement. A nuisance defined herein may be abated after 48 hours notice to
remove the same by any officer of the city. The notice describing the property upon which the
nuisance is situated and the nature of the nuisance to be abated must be given to the owner or
occupant of the property. If the notice cannot be delivered to the owner or occupant of the property
the notice must be published in a local newspaper, and must state that the nuisance must be abated
within a designated time of not less than 60 hours from the time of publication.
Procedure. Whenever a designated city official determines that a public nuisance is(a)
being maintained or exists on a property in the city, the official shall notify in writing
the owner of record or occupant of the property of such fact and order that the
nuisance be terminated or abated within a reasonable time period. The notice of
violation shall specify the steps to be taken to abate the nuisance and the time within
which the nuisance is to be abated. If the notice of violation is not complied with
within the time specified, the official shall report that fact forthwith to the city council.
Thereafter, the city council may, after notice to the owner or occupant and an
opportunity to be heard, determine that the condition identified in the notice of
violation is a nuisance and further order that if the nuisance is not abated within the
time prescribed by the city council, the nuisance be abated by the city.
Notice. Written notice of the violation; notice of the time, date, place, and subject of(b)
any hearing before the city council; and notice of the city council order shall be served
by a peace officer or designated official on the owner of record or occupant of the
property either in person or by certified or registered mail. If the property is not
occupied, the owner of record is unknown, or if the owner of record or occupant
refuses to accept notice, notice of the violation shall be served by posting it on the
property.
Emergency procedure; summary enforcement. In cases of emergency, where delay in(c)
abatement required to complete the procedure and notice requirements as set forth in
paragraphs (a) and (b) of this subdivision will permit a continuing nuisance to
unreasonably endanger public health, safety, or welfare, the city council may order
summary enforcement and abatement of the nuisance. To proceed with summary
enforcement, the designated official shall determine that a public nuisance exists or is
being maintained on property in the city and that delay in abatement will unreasonably
endanger public health, safety, or welfare. The designated official shall notify in
writing the occupant or owner of the property of the nature of the nuisance, and that
public health, safety, or welfare will be unreasonably endangered by a delay in
abatement required to complete the procedure set forth in paragraph (a) of this section
and may order that the nuisance be immediately terminated or abated. If the nuisance
is not immediately terminated or abated, the city council may order summary
enforcement and abatement of the nuisance.
Immediate abatement. Nothing in this section shall prevent the city, without notice or(d)
other process, from immediately abating any condition that poses an imminent and
serious hazard to human life or safety.
5
538173v12 DTA CR225-423
DRAFT
9-27-18
Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial(e)
remedy in lieu of an administrative remedy.
Personal liability. The owner of the property on which a nuisance has been abated by(f)
the city, or a person who has caused a public nuisance on the property not owned by
that person, shall be personally liable for the cost to the city of the abatement,
including administrative costs. As soon as the work has been completed and the cost
determined, the city clerk or other city official shall prepare a bill for the cost and mail
it to the owner. Thereupon the amount shall be immediately due and payable at the
office of the city clerk.
Assessment. After notice and hearing as provided in Minn. Stat. 429.061, as it may be(g)
amended from time to time, if the nuisance is a public health or safety hazard on
private property, the city clerk shall, on or before September 1 next following
abatement of the nuisance, list the total unpaid charges along with all other such
charges as well as other charges for current services to be assessed under Minn. Stat.
429.101 against each separate lot or parcel to which the charges are attributable. The
city council may then spread the charges against the property under that statute and
any other pertinent statutes for certification to the county auditor and collection along
with current taxes the following year or in annual installments, not exceeding 10, as
the city council may determine in each case.
Subd. 3.Penalty. Violation of this sectionsubsection is a misdemeanor. The imposition of
one penalty for any violation of this section does not excuse the violation, or permit it to continue.
Each ten daysday that prohibited conditions are maintained constitutes a separate offense.
2010.03.2005.03.Noise in residential areas. It is unlawful to congregate because of or participate
in a party or gathering of people from which noise emanates of a sufficient volume so as to disturb
the peace, quiet or repose of persons residing in any residential area. It is unlawful to visit or
remain within any residential dwelling unit wherein such party or gathering is taking place except
for persons who have gone there for the sole purpose of abating the disturbance. (Amended, Ord.
No. 97-8, Sec. 3)
2010.05. It is unlawful to do the following:
a)keep a disorderly house or place of public resort in such a manner that the peace,
comfort or decency of a neighborhood is habitually disturbed;
b)being the owner or in control of the premises, to intentionally permit them to be so
used; or
c)keep, permit or be present in a disorderly house or place of public resort kept for
illegal purposes, including, but not limited to, prostitution, illegal gambling, illegal
sale or consumption of intoxicating beer or illegal sale or use of controlled
substances. (Added, Ord. No. 97-8, Sec. 2)
6
538173v12 DTA CR225-423
DRAFT
9-27-18
Section 20152010 - Conduct in or around school buildings
2015.01.2010.01.Defacement of school property. It is unlawful to mark with ink, paint, chalk, or
other substance, or post hand bills on, or in any other manner deface or injure any public or private
school building or structures used or usable for school purposes within the city, or mark, deface or
injure fences, trees, lawns or fixtures appurtenant to or located on the site of such buildings, or post
hand bills on such fences, trees or fixtures or place a sign anywhere on any such site.
2015.03.Breach of peace on, or adjacent to school grounds. It is unlawful to wilfully or
maliciously make or assist in making on any school grounds adjacent to any school building or
structure any noise, disturbance or improper diversion or activity by which peace, quiet and good
order is disturbed.
2015.05.Offensive language and conduct. It is unlawful to use offensive, obscene or abusive
language or engage in boisterous or noisy conduct tending reasonably to arouse alarm, anger or
resentment in others on school grounds or in buildings or structures.
2015.07.2010.03.Improper conduct while school in session. It is unlawful to, in any school room
or in any building or on the grounds adjacent to the same,willfully or maliciously disturb or
interrupt the peace and good order of the school while in session. A person not in immediate
attendance in the school and being in such building or upon the premises belonging thereto who
conducts or behaves improperly, or who upon the request of a teacher of such school or the person
in charge thereof to leave said building or premises, neglects or refuses so to do, is in violation of
this section. It is unlawful to loiter on school grounds or in school buildings or structures.
Section 20202015 - Nuisances; shade tree disease control
2020.01.Declaration of policy2015.01. Purpose. The city council has determined that the health
of the shade trees within the city limits is threatened by shade tree diseases. It has further
determined that the loss of shade trees growing upon public and private property would
substantially depreciate the value of property within the city and impair the safety, good order,
general welfare and convenience of the public.It is the intention of the councilIn addition to and in
accordance with Minnesota Statutes, sections 89.51-.64, the provisions of this section are adopted
as an effort to control and prevent the spread of these diseases, and this section is enacted for that
purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, section
18.023, section 66 and rules promulgated thereundershade tree pests.
2020.03.2015.03.Definitions.Subdivision 1. The terms defined inFor the purposes of this section
the following terms that have the meaningsmeaning given them in this subsection.
Subd. 2.1. Shade tree. "Shade tree" means an oak or elm tree situated in the city of Crystal.
Subd.3.2. Shade tree disease. "Shade tree disease" means Dutch elm disease caused by
ceratocystis ulmi, or oak wilt disease caused by ceratocystis fagaceorum.
Subd.4.3. Commissioner. "Commissioner" means the commissioner of the state
7
538173v12 DTA CR225-423
DRAFT
9-27-18
department of agriculture.
Subd.5.4. Tree inspector. "Tree inspector" or "inspector" means a person having the
necessary qualifications to conduct a shade tree program and who is so certified by the
commissioner.
Subd. 6.5. "Disease control area. "Disease control area" means the city of Crystal.
Subd.7.6."Shade tree control program; program."Shade tree control program" or
"program" means a program developed by the city to combat shade tree disease in accordance with
rules promulgated by the commissioner.
2020.05.2015.05. Tree inspector. Subdivision
Subd. 1.Position created. The powers and duties of the city tree inspector as set forth in
this section are hereby conferred upon the city manager. The manager may designate a member of
the administrative staff to perform the duties of tree inspector.
Subd. 2.Duties of tree inspector. It is the duty of the tree inspector to coordinate, under the
direction and control of the council, all activities of the city relating to the control and prevention of
shade tree disease. The inspector must recommend to the council the details of a program for the
control of shade tree disease, and perform the duties incident to such a program adopted by the
council.
2020.07.2015.07.Shade tree disease program. It is the intention of the city council to conduct a
program of shade tree control pursuant to the authority granted by Minnesota Statutes, section
18.023.. This program is directed specifically at the control and elimination of shade tree diseases
and is undertaken at the recommendation of the commissioner of agriculture, and in conformance
with rules promulgated by the commissioner. The city tree inspector acts as coordinator between
the commissioner of agriculture and the council in the conduct of this program.
2020.09.2015.09. Shade tree diseases. Subdivision
Subd. 1.Nuisances declared. The following things are public nuisances whenever they
may be found within the city:
a)Any living or standing elm tree or part thereof infected to any degree with(a)
the Dutch elm disease fungus ceratocystis ulmi (buisman) moreau or which harbors
any of the elm bark beetles scolytus multistriatus (eichh.) or hyl uigopinus rufipes
(marsh).;
b)Any dead elm tree or part thereof, including legs, branches, stumps,(b)
firewood or other elm material from which the bark has not been removed and burned
or sprayed with an effective elm bark beetle insecticide.; or
c)Any living or standing northern red oak, northern pine oak, black oak or(c)
8
538173v12 DTA CR225-423
DRAFT
9-27-18
scarlet oak, or part thereof infected to any degree with oak wilt disease.
Subd. 2.AbatementViolation. It is unlawful for any person to permit any public nuisance
as defined in subdivision 1 to remain on premises owned or controlled by that person within the
city. Such nuisances may be abated in the manner prescribed by this section.
2020.11.2015.11. Inspection and investigation. Subdivision
Subd. 1.Annual inspection. The tree inspector mustmay inspect all premises and places
within the city as often as practicable to determine whether any condition described in Crystal city
code,subsection 2020.092015.09 exists thereon. The inspector must investigate all reported
incidents of infestation by Dutch elm fungus, elm bark beetles or oak wilt.
Subd. 2.Entry on private premises. The tree inspector may enter upon private premises at
any reasonable time for the purpose of carrying out any of the duties of the inspector under this
section. Such inspections mustshall be preceded by two days' written notice to the owner of said
private property, unless such notice is waived in writing by the owner.
Subd. 3.Diagnosis. The tree inspector must, upon finding conditions indicating shade tree
disease infestation, immediately send appropriate specimens or samples to the commissioner of
agriculture for analysis, or take such other steps for diagnosis as may be provided by the
commissioner by rule. Except as provided in Crystal city code,subsection 2020.132015.13 no
action to remove infected trees or wood must be taken until positive diagnosis of the disease has
been made.
2020.13.2015.13.Abatement of shade tree disease nuisances. In abating the nuisances defined in
this section, the tree inspector must cause the infected tree or wood to be sprayed, removed, burned,
or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of
disease. Such abatement procedures must be carried out in accordance with current technical and
expert opinions and procedures as may be established by the commissioner of agriculture.
2020.15.2015.15. Procedure for removal of infected trees and wood. Subdivision
Subd. 1.Findings. Whenever the tree inspector finds with reasonable certainty that the
infestation defined in Crystal city code,subsection 2020.072015.09 exists in any tree or wood in
any public or private place in the city, the inspector must proceed as follows:a)shall make a
written report with findings and may abate the nuisance pursuant to Crystal city code, subsection
2005.01, subdivision 2.If the inspector finds that the danger of infestation of other trees is not
imminent because of dormancy, the inspector must make a written report of his findings to the
council which must proceed by (i) abating the nuisance as a public improvement under Minnesota
Statutes, chapter 429, or (ii) abating the nuisance as provided in subdivision 2 of this subsection.
b)If the inspector finds that danger of infestation of other trees is imminent, the
inspector must, the inspector may notify the abutting property owner by certified mail that the
nuisance will be abated within a specified time, not less than five days from the date of mailing of
such notice.The inspector must immediately report such action to the council, and afterAfter the
expiration of the time limited byprovided in the notice, the inspector may abate the nuisance
9
538173v12 DTA CR225-423
DRAFT
9-27-18
without further council approval.
Subd. 2.Notice; hearing. Upon receipt of the inspector's report required by Subdivision 1
a), the council may by resolution order the nuisance abated. Before action is taken on such
resolution, the council must publish notice of its intention to meet to consider taking action to abate
the nuisance. The notice must be mailed to affected property owners and published once no less
than one week prior to such meeting. The notice must state the time and place of the meeting, the
streets affected, action proposed, and the estimated cost of the abatement, and the proposed basis of
assessment, if any, of costs. At such hearing or adjournment thereof, the council must hear property
owners with reference to the scope and desirability of the proposed project. The council may
thereafter adopt a resolution confirming the original resolution with such modification as it
considers desirable and provide for the doing of the work by day labor or by contract. Subd. 3.
Records Records; assessment. The inspector must keep a record of the costs of abatements ordered
under this subsection and report monthly to the city clerk work done for which assessments are to
be made stating and certifying the description of the land, lots, parcels involved and the amount
chargeable to each.Subd. 4.Assessment. On or before September 1 of each year, the clerk
must list the total unpaid charges for each abatement against each separate lot or parcel to which
they are attributable under this section. The council may then spread the charges or any portion
thereof against the property involved as a special assessment under Minnesota Statutes, section
429.101 and other pertinent statutes for certification to the county auditor and collection the
following year along with current taxes. The city may assess the property for said costs pursuant to
Crystal city code, subsection 2005.01, subdivision 2(g).
2020.17.Tree inspector; program. The tree inspector must conduct the shade tree disease control
program in accordance with the rules and regulations of the commissioner embodied in AGR
101-120 "shade tree disease control" and subsequent amendments thereto.
2020.19.2015.17.Transporting elm wood prohibited.Subdivision 1.It is unlawful to transport
within the city any bark-bearing elm wood without having obtained a permit from the tree
inspector. The inspector will grant such permits only when the purposes of this section will be
served thereby.
2020.21.Interference prohibited. It is unlawful to prevent, delay or interfere with the inspector
while engaged in the performance of the duties imposed by this section.
Section 20252020 – Graffiti
2025.01.2020.01.Declaration of nuisance. To prevent the spread of graffiti vandalism, address
the impacts of graffiti on the owners of private and public property, and avoid the lasting
negative effects of graffiti on the affected properties and the community, the city council hereby
declares graffiti a public nuisance and provides a program for its removal.
2025.03.2020.03.Definitions. For the purposes of this section, the following terms shall have
the meaning given them in this subsection.
10
538173v12 DTA CR225-423
DRAFT
9-27-18
a)Subd. 1. Graffiti.“Graffiti” means any unauthorized inscription, word, figure,
painting, sym bol, or other defacement that is written, marked, etched, scratched, sprayed, drawn,
painted, or engraved on or otherwise affixed to any surface of public or private property by any
graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or
occupant of the property, or, despite advance authorization, is otherwise deemed a public
nuisance by the city council.
b)Subd. 2. Graffiti implement.“Graffiti implement” means an aerosol paint container, a
broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device
capable of scarring or leaving a visible mark on any natural or human-made surface.
c)Subd. 3. Person.“Person” means any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
2025.05.2020.05. Prohibited Acts. Subdivision
Subd. 1.Defacement. It is unlawful for any person to apply graffiti to any natural or
human-made surface on any publicly owned property or, without the permission of the owner or
occupant, on any privately owned property.
Subd. 2.Possession of graffiti implements. Unless otherwise authorized by the owner or
occupant, it is unlawful for any person to possess any graffiti implement while:
a)Within 200 feet of any graffiti located in or on a public facility, park,(a)
playground, swimming pool, recreational facility, bridge, or other public building or
structure owned or operated by a governmental agency;
b)Within 200 feet of any graffiti located in any public place or on private(b)
property, between the hours of 10:00 p.m. and 5:00 a.m.; or
c)In violation of (a) or (b), above, and with intent to affix graffiti to any(c)
surface.
Subd. 3.Minors at or near school facilities. It is unlawful for any person under the age of
18 years to possess any graffiti implement while on any school property, grounds, facilities,
buildings, or structures, or in areas immediately adjacent to those specific locations upon public
property, or upon private property without the prior written consent of the owner or occupant of
such private property. It is an affirmative defense and the provisions of this subsection do not
apply to the possession of a graffiti implement by a minor attending or traveling to or from a
school at which the minor is enrolled if the minor can reasonably establish that such implement is
used as part of a class the minor is enrolled in at the school.
2025.072020.07 Removal. Subdivision
11
538173v12 DTA CR225-423
DRAFT
9-27-18
Subd. 1.By perpetrator. The city may require any person applying graffiti on public or
private property to either remove or pay for all costs for removal of the graffiti within 24 hours
after notice by the city or property owner. The removal must be performed in a manner
prescribed by the city, with materials and colors compatible with existing surfaces, and to a
comparable or improved condition before the graffiti application as determined by the city.
Where graffiti is applied by a person under 18 years old, the parents or legal guardian will also be
responsible for such removal or for payment for the costs of removal. Failure of any person to
remove graffiti or pay for the removal will constitute an additional violation of this section.
Subd. 2.By property owner or city. In lieu of the procedure set forth in subdivision 1, the
city may order that the graffiti be removed by the property owner or any person who may be in
possession or who has the right to possess such property, pursuant to the nuisance abatement
procedure herein. Graffiti removal and corrections must be performed with materials and colors
compatible with existing surfaces as determined by the city. If the property owner or responsible
party fails to remove the graffiti in compliance with the provisions of this section and within the
time specified by the city, the city may commence abatement and cost recovery proceedings for
the graffiti removal in accordance with this section.
Subd. 3.Right of entry on private property. Prior to entering upon private property or
property owned by a public entity other than the city for the purpose of graffiti removal, the city
must attempt to secure the consent of the property owner or responsible party and a release of the
city from liability for property damage or personal injury. If the responsible party fails to remove
the graffiti in compliance with the provisions of this section and within the time specified by this
section, or if the city has requested consent to remove or paint over the graffiti and the property
owner or responsible party has refused consent for entry on terms acceptable to the city and
consistent with the terms of this section, the city will commence abatement and cost recovery
proceedings for the graffiti removal according to the provisions specified below.in Crystal, city
code subsection 2020.09.
Subd. 4.General Duty. It is the duty of both the owner of the property to which the
graffiti has been applied and any person who may be in possession or who has the right to
possess such property to at all times keep the property clear of graffiti. If a property is subject to
three or more occurrences of graffiti within a year, application of anti-graffiti material of a type
and nature that is acceptable to the city may be required for each of the publicly viewable
surfaces after notification by the city, or imposed during improvements or construction activities
to the site as determined by the city.
2025.09.2020.09.Abatement procedure.Subdivision 1.Abatement by city.If the owner,
occupant, or other responsible party does not comply with the notice within the time
specifiedcity’s removal requirements, the city may abate the public nuisance. pursuant to the
procedure contained in Crystal city code, subsection 2005.01, subdivision 2.
Subd. 2.Notice and hearing. The following notification must be provided prior to city
abatement of the public nuisance. Whenever it is determined that a public nuisance is being
maintained or exists on a property, the city manager or authorized designee must give ten day’s
12
538173v12 DTA CR225-423
DRAFT
9-27-18
written notice through service by mail, by posting a notice on the property, or by personal
delivery to the owner of or person in control of the property on which the graffiti is located. If
the property is occupied, service upon the occupant is deemed service upon the owner. If the
property is unoccupied or abandoned, service may be by mail to the last known owner of record
of the property and upon all lienholders of record if so required by state law. The notice may also
be posted on the property. The notice must state:
a)A description of the public nuisance;
b)That the public nuisance must be corrected within ten days of the service of the
notice;
c)That if the public nuisance is not properly removed or corrected as ordered, the public
nuisance will be abated by the city and the costs of abatement will be specially
assessed to the property taxes imposed on the property; and
d)That the owner of or person in control of the property on which the public nuisance is
located may in writing request a hearing before the city manager or authorized
designee.
Subd. 3.Hearing, action. If a hearing is requested during the ten-day period, the city
manager or authorized designee must promptly schedule the hearing, and no further action on the
abatement of the public nuisance may be taken until the city manager’s decision is rendered. The
property owner or responsible party may present evidence and argue the property does not
constitute a public nuisance. At the conclusion of the scheduled hearing, the city manager or
authorized designee may cancel the notice to remove or correct the public nuisance, modify the
notice, or affirm the notice to remove or correct the public nuisance. If the notice is modified or
affirmed, the public nuisance must be disposed of in accordance with the city’s written order.
Any written order shall be served upon the property owner or responsible party in the same
manner as set forth in subdivision 2 of this subsection.
Subd. 4.Use of public funds. Whenever the city becomes aware or is notified and
determines that graffiti is located on publicly or privately owned property viewable from a public
or quasi-public place, the city is authorized to use public funds for the removal of the graffiti, or
painting or repair of any more extensive an area than that where the graffiti is located, unless the
city manager or the designee of the city manager determines in writing that a more extensive area
is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the
neighborhood or community, or unless the property owner or responsible party agrees to pay for
the costs of repainting or repairing the more extensive area.
13
538173v12 DTA CR225-423
DRAFT
9-27-18
2025.11.Summary abatement. Subdivision 1. The city may provide for the summary abatement
of graffiti without following the procedure required in subsection 2025.09 when:
a)There is an immediate threat to the public health or safety;
b)There is an immediate threat of serious property damage;
c)A public nuisance has been caused by private parties on public property; or
d)Any other condition exists that violates state or local law and that is a public health or
safety hazard.
Subd. 2. A reasonable attempt must be made to notify the owner, occupant, or other
responsible party of the intended action and the right to appeal the abatement and cost recovery at
the next regularly scheduled city council meeting.
Subd. 3.Right of entry on private property. For summary abatement proceedings, the city
may enter upon private property or property owned by a public entity other than the city and
commence abatement and cost recovery proceedings for the graffiti removal.
2025.13.2020.11. Abatement of graffiti in specific cases.
Subd. 1. Immediate abatement; utility facilities.Subdivision 1.The city manager, or its
designee, may without notice summarily abate any graffiti on any utility poles and cabinets
including, but not limited to, traffic signs and lights or on any property owned by the city or on
any property located in the public right-of-way, but privately owned. The right to summarily
abate graffiti on such property shall be a condition of its permission to be in the right-of-way.
Reasonable care shall be taken to avoid damage to such property.
Subd. 2.Immediate abatement, abutting right-of-way.The city manager, or its designee,
may without notice summarily abate any graffiti located anywhere on exterior walls and fences
immediately abutting public streets and right-of-way or public property, or within five feet of
such street, right-of-way or public property. The city manager, or its designee, may summarily
abate graffiti located on such walls and fences that is beyond five feet of such street, right-of-way
or public property provided that the graffiti is visible from the street, right-of-way or public
property. The city manager shall make reasonable attempts to ensure (1) that such abatement
shall not entirely penetrate the wall of any building nor impair the structural integrity of the
structure involved; (2) that reasonable efforts are made to avoid damage to the property; and (3)
that the wall is not in an area of a building that is designed for and used principally as a
residence. In the case of a summary abatement without notice on private property or on private
structures or equipment located in the right-of-way, the expense of such abatement and
restoration shall be borne by the city.
14
538173v12 DTA CR225-423
DRAFT
9-27-18
2025.15.2020.13.Cost recovery. Subdivision
Subd. 1.Liability for costs.The owner of property on which a nuisance has been abated
by the city, or a person who has caused a public nuisance on property not owned by that person,
is personally liable to the city for the cost of the abatement, including administrative costs. As
soon as the work has been completed and the cost determined, city staff will prepare a bill for the
cost and mail it to the owner or other responsible party. The amount is immediately due and
payable to the city.
Subd. 2.Assessment. If the cost, or any portion of it, has not been paid within 30 days
after the date of the bill, the council may certify the unpaid cost against the property to which the
cost is attributable in accordance with the process set forth in section 306.15 of this codeCrystal
city code, subsection 2005.01, subdivision 2(g).
2025.17.2020.15.Penalties. Subdivision
Subd. 1.Criminal. Any violation of this section is a misdemeanor, punishable in
accordance with state law.
Subd. 2.Civil. Any violation of this section mayshall be subject to civil penalties, in
accordance with section 306 of this codeCrystal city code, section 306, or any other judicial
remedy available to the city.
Subd. 3.Minors. In the case of a minor, the parents or legal guardian is jointly and
severely liable with the minor for payment of all fines. Failure of the parents or legal guardian to
make payment will result in the filing of a lien on the parents’ or legal guardian’s property that
includes the fine and administrative costs.
Subd. 4.Additional penalties. This section is not intended to prohibit a private property
owner from seeking additional penalties or remedies.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2018
Second Reading: __________, 2018
Council Adoption:_________, 2018
Publication:
Effective Date:
BY THE CITY COUNCIL
15
538173v12 DTA CR225-423
DRAFT
9-27-18
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
16
538173v12 DTA CR225-423
Document comparison by W orkshare 9 on Thursday, September 27, 2018
12:11:32 PM
Input:
Document 1
ID PowerDocs://DOCSOPEN/538251/1
Description DOCSOPEN-#538251-v1-Original_Chapter_20_(for_redlining)
Document 2
ID PowerDocs://DOCSOPEN/538173/2
Description DOCSOPEN-#538173-v2-Chapter_20_Amendments
Rendering
set Standard
Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 169
Deletions 170
Moved from 9
Moved to 9
Style change 0
Format changed 0
Total changes 357