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<br />. <br /> <br />premises. This use has not been condoned by our police department and actually would <br />be a violation of the tenant's civil rights. <br /> <br />Remedy: The concerns and correspondence from Legal Aid were directed to our <br />City Attorney for review and advice. He was also given a copy of the current Coon <br />Rapid's ordinance for review with a request for a draft of a similar ordinance to be used <br />in the City of Elk River. <br /> <br />We have now received the attorney's legal opinion and the proposed ordinance. The <br />ruling given by the attorney's office is that the proposed ordinance meets the <br />requirements under Minnesota case law, although there are no cases yet which have <br />challenged a specific ordinance under any due process claims. They recommend a draft <br />ordinance and also stated that we must maintain strict guidelines in enforcing trespass <br />notices to insure that they are not used in the overbroad manner which brings concerns <br />to the legal services staff. <br /> <br />Recommendation: The police department believes that the trespass notice is <br />the backbone of the Crime Free program. We feel that in order to prevent possible legal <br />challenges to the program, that Elk River should follow the lead of the other involved <br />communities, and adopt a trespass ordinance which specifically covers rental property <br />and the use of a trespass notice. <br /> <br />Submitted ~ <br /> <br />.~~Beahen <br />Assistant Chief <br />6- 29-99 <br /> <br />Attachments: <br /> <br />Letter from Gregory Munson, Doherty, Rumble & Butler <br />Proposed Ordinance <br />Proposed Trespass Notice <br /> <br />. <br />