5.8 SR 07-12-1999 - Laserfiche WebLink

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Elk River Police Department Memorandum To: Mayor and City Council From: Assistant Chief Beahen Date: June 29, 1999 Subject: Trespass Ordinance Item 5.8. The police department is requesting that the council consider adopting a new ordinance covering the issue of trespassing at our designated Crime Free Multi -housing premises, which are located in the City of Elk River. Background: The City of Elk River uses a program called "Crime Free Multi - housing" to help insure that our apartment complexes and rental property stays as safe as possible. This program involves the property owners in a cooperative effort with the police department and has proven to be a very successful venture. Almost all apartment buildings in the city are active members of our Crime Free Coalition. It should be noted that Crime Free Multi -housing is a statewide program and it is used in most major cities within the State of Minnesota. Trespass: One of the basic principals of the program, is the empowerment of the caretaker or property owner to both identify and eliminate problems on the premises which can lead to increased calls for police service, increases in reported crime, and general unrest on the premises. The property officials have been trained by our department in the use of "Trespass notices" to assist them in removing unwanted parties from the grounds, and preventing them from returning. This has proven to be invaluable in reducing actual criminal acts on or near the rental units. Legal concerns: The St. Cloud Area Legal Aid offices issued a warning to the police department, advising us that they felt the use of these notices was improper, and most likely — unconstitutional. Departments who use the notices on a more frequent basis were contacted and asked about their policy, law and any legal challenges associated with the notices during their use. Bloomington uses the notices at the Mall of America on unruly or criminal subjects, has been challenged in court on the notices, and has been able to show that the trespass notice is legal and constitutional. Minneapolis, Coon Rapids and Anoka were other cities who have Crime Free Multi -housing, and they too report no problems or issues with the notices. These cities however have specific ordinances regarding the trespass offense and subsequent issuance of the trespass notice. The Legal Aid attorney was concerned that the notice would be used in areas where it would infringe on the civil rights of the tenant. The example given was when a tenant was behind on rent, and instead of using the unlawful detainer or eviction process, the landlord used the trespass notice as a means to quickly remove the tenant from the 13065 Orono Parkway • P.O. Box 723 • Elk River, MN 55330 9 (612) 441-2324 • Fax (612) 441-8937