Ordinance No. 1148 03-05-2001 ORDINANCE NO. 1148
AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CREATING CHAPTER
NO. 129 PERTAINING TO TRESPASSING ON PRIVATE PROPERTY
The City Council of the City of Fridley hereby ordains that the following language be added to
the Fridley City Code:
Chapter 129. Trespassing
Section 129.01. Purpose.
The purpose of this chapter is to allow an owner of real property to which the public has some
implicit right of access to exclude a person from that property if the person has committed a
crime on the property or has violated the properly posted or otherwise provided rules of conduct
for the property.
Section 129.02 Definitions.
For the purposes of this chapter,the following words and terms shall have the following
meanings,unless the context clearly indicates otherwise:
1. Covered Premises. Any improved real property, or portion thereof, within the City of
Fridley, to which the public has an implicit right of access, including,but not limited to,
places of worship, shopping malls,retail sales facilities,hotels,motel,nursing homes,
restaurants,multiple dwellings,hospitals,medical and dental offices, clubs, lodges, office
buildings,banks and financial institutions,transit stations, athletic and recreational
facilities,personal service establishments,theaters, and day care facilities.
2. Tenant. Any authorized occupant of a covered premises, or the agent thereof,but
excluding an occupant of a domestic use, such as a renter of lessee of a dwelling or
apartment,resident in a nursing home, or a hotel or motel guest.
3. Property Manager. Any owner of a covered premises, or the agent of the owner or any
tenant who is authorized by the owner to exercise control over the covered premises,
including its public common areas.
4. Public Common Areas. All areas of the covered premises, other than private common
areas,maintained for the common use of its tenants or of the general public incidental to
normal and legitimate activities upon the covered premises, including,but not limited to:
the curtilage;parking lots and ramps;private roadways, sidewalks, and walkways;
recreational facilities;reception areas; rotundas; waiting areas; hallways; restroom
facilities; elevators; escalators; and staircases.
5. Private Common Areas. Other common areas within the covered premises normally
within the exclusive control of a tenant but subject to reasonable regulation by the
property manager, including,but not limited to, sales floors, store restroom facilities
accessible to customers or clients, checkout lanes, and customer service areas.
Ordinance No. 1148 Page 2
6. Private Areas. Areas within the covered premises not normally accessible to members of
the public without explicit permission of the person in direct control of the area,
including,but not limited to, individual apartment units, employee rest areas and
facilities,banquet halls,meeting rooms, and private offices.
7. Trespass Notice. A written notice that contains minimally the following information:
A. Verbatim copies of Sections 129.05 and 129.06 of this Chapter.
B. The name, date of birth, and address of the person to whom the notice is issued and
the name of the person's custodial parent or guardian if the person is a juvenile.
C. A description of the specific conduct that forms the basis for the issuance of the
notice.
D. A description of the specific covered premises or portion thereof to which the notice
applies.
E. The period during which the notice is in effect, including the date of its expiration.
F. The name,title, address, and telephone number of a person with authority to modify,
amend, or rescind the notice.
G. The method by which the notice was served upon the person to whom it was issued.
Section 129.03. Issuance of Trespass Notice.
A property manager or tenant may issue a trespass notice to a person only if there is probably
cause to believe the person has,no more than thirty(30) days before the issuance of that notice:
1. Committed an act prohibited by State statute or City ordinance while on the covered
premises; or
2. Violated any rule of conduct for the covered premises that has been conspicuously posted
at all public entrances to the covered premises or that the property manager or tenant has
provided to the person in writing.
Section 129.04. Coverage of Trespass Notice.
1. If issued by a property manager, a trespass notice is effective only as to those public
common areas and private areas within the property manager's exclusive control, except
that a trespass notice may also cover private common areas and other private areas
provided the tenant or tenants in control of such areas have agreed in writing to be
precluded from inviting onto the premises any person to whom a trespass notice has been
issued under this Chapter. Such a trespass notice must state that the tenant or tenants of
the covered premises are precluded from inviting onto the covered premises any person
to whom a trespass notice has been issued under this Chapter.
2. If issued by a tenant, the trespass notice is effective only as to those private common
areas and private areas over which the tenant has control.
3. A notice broader in coverage than authorized by this Section shall not be invalid,but
shall be valid to the extent authorized by this Section.
Ordinance No. 1148 Page 3
Section 129.05. Prohibited Conduct.
1. No person shall trespass in or upon any covered premises of another and, without claim
of right,refuse to depart therefrom on demand of the property manager, or a tenant
authorized to exercise control over the covered premises or portion involved.
2. No person served with a trespass notice in conformity with this Chapter shall enter in or
upon the premises described therein during its effective period without the written
permission of the notice issuer, agent, or assign.
3. No person shall enter any public facility,utility, or grounds thereto, or any covered
premises or portion thereof in violation of conspicuously posted signs prohibiting of
restricting access thereto, including,but not limited to, the following: " Trespassing",
"Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only".
Section 129.06. Violations.
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.
Section 129.07. Additional Provisions.
1. No trespass notice shall be effective for more than one year.
2. All trespass notices issued pursuant to this Chapter must be properly served upon the
person named therein as follows:
A. Personal service documented by either a receipt signed by the person to whom it was
issued or an affidavit of the issuer; or
B. If the person is arrested or detained by a police officer,the officer may personally
serve the notice on behalf of the property manager or tenant and document service in
the officer's official police report detailing the incident.
Section 129.08. Severability
If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a
Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of other sections or portions of sections of this Chapter.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS J'r �
� '
DAY OF c.k , 2001.
ott J. Lund, ayor
ATT4
Debra A. Skogen, Ci Clerk
First Reading February 26, 2001
Second Reading March 5, 2001