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HomeMy WebLinkAbout2586-20 - ADMIN Ordinance - City Council - 2020/06/01Ordinance No. 2586-20 Emergency ordinance establishing curfew and prohibiting travel The City of St. Louis Park does ordain: Whereas, the City Council, has found that the following situation (the “Situation”) exists: Peace Time Emergency Due to Civil Unrest Whereas, St. Louis Park resident, George Floyd, died while in Minneapolis Police Department’s custody on May 25, 2020; Whereas, there have been many peaceful demonstrations to protest Mr. Floyd’s death; Whereas, unlawful and dangerous activity including arson, rioting, looting, and damage to property is ongoing in St. Paul and Minneapolis, two cities which are close to St. Louis Park; Whereas, reports and observations of local law enforcement and personnel establish that as of May 27, 2020, incidents of civil unrest have been observed within St. Louis Park; Whereas, the Governor has issued Executive Order 20-64 on May 28, 2020 declaring a peace time emergency and coordinating Minnesota’s Strategy to Protect Minnesotans from unlawful and dangerous activity including arson, rioting, looting, and damage to property; Whereas, the Governor has issued Executive Order 20-65 on May 29, 2020 and Executive Order 20-68 on May 31, 2020 implementing curfew and prohibitions on travel within the cities of St. Paul and Minneapolis, both Executive Orders have expired as of the morning of June 1, 2020; Whereas, the Governor has announced a curfew from 10:00 p.m. on Monday, June 1, 2020 to 4:00 a.m. on Tuesday, June 2, 2020 and from 10:00 p.m. on Tuesday, June 2, 2020 to 4:00 a.m. on Wednesday June 3, 2020; Whereas, the Mayor and the City Council declared a curfew via proclamation which ended at 6:00 a.m. on Monday, June 1, 2020; Whereas, the City Council may pass emergency ordinances pursuant to the City Charter, Section 3.06 to immediately preserve public peace, safety, and welfare under a defined emergency; and Whereas, the City of St. Louis Park desires to implement a curfew that is consistent with the Governor’s Executive Orders. Now, therefore, be it resolved by the City Council of the City of St. Louis Park, Minnesota, as follows: Section 1. Curfew and Travel Prohibition DocuSign Envelope ID: B34E2264-D704-4205-9725-12305B28AAFE Ordinance No. 2586-20 2 1. Nighttime Curfew. A curfew is imposed in all public places within the City of St. Louis Park during the following times: a. from 10:00 p.m. on Monday, June 1, 2020 to 4:00 a.m. on Tuesday, June 2, 2020 b. from 10:00 p.m. on Tuesday, June 2, 2020 to 4:00 a.m. on Wednesday June 3, 2020. 2. Travel Prohibited. During the curfew, all persons must not travel on any public street or in any public place. 3. Exemptions. All law enforcement, fire, medical personnel, and members of the news media, as well as other personnel authorized by the City of St. Louis Park, Minnesota Department of Public Safety, Minnesota State Patrol, or Minnesota National Guard, are exempt from the curfew. Individuals traveling directly to and from work, seeking emergency care, fleeing dangerous circumstances, or experiencing homelessness are also exempt. 4. Definitions. a. For the purposes of this Emergency Ordinance, “travel” includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, public transit, or any other mode of transporting a person from one location to another. b. For the purposes of this Emergency Ordinance, a “public place” is any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets and roads, alleys, highways, driveways, sidewalks, parks, vacant lots, and unsupervised property. 5. Enforcement. An individual who willfully violates this Emergency Ordinance is guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days. Section 2. As this situation is quickly evolving and will continue to change, the City Manager, Thomas Harmening, is permitted to modify the terms of the curfew includin g extending the curfew into the future but only insofar as the modifications or extensions mirror any newly enacted Executive Orders from Governor Walz. The modification of the curfew will be posted on the City’s website. Section 3. This ordinance shall take effect immediately. Reviewed for administration: Adopted by the City Council June 1, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney DocuSign Envelope ID: B34E2264-D704-4205-9725-12305B28AAFE