Rochester Downtown Alliance letter regarding ordinance enforcement 3 21-2012
March 21, 2012Rochester Mayor and City Council201 4th Street SERochester, Mn 55904Mr. Mayor and Council President Hanson:The Rochester Downtown Alliance (RDA) has received recent input from various citizens, businesses,employees and residents regarding growing challenges due to our increased downtown activity andvibrancy. Specific complaints include excessive late-night noise, litter (bottles, cups, cigarette packsand butts, vomit, etc.), public intoxication and open alcohol containers/consumption in alleys and onsidewalks.The RDA is not seeking to reduce businesses, visitors, growth or vibrancy. Rather, we would like towork with the City of Rochester, Law Enforcement and other important partners in a continuouseffort to maintain balance between those interested in working downtown, living downtown, andvisiting downtown. We believe this balance is possible, but it must be intentional and sustainedwith many solutions that are multi-faceted.At our most recent Board of Directors meeting, members directed the RDA Development Committeeto choose existing ordinances that could offer immediate solutions through enhanced enforcementwhile other long-term, systemic solutions are considered. Therefore, the RDA Board of Directorsrespectfully requests that the City of Rochester provide enhanced enforcement of the following:1. Noises Prohibited: City Ordinance 85.10 Noises Prohibited. Subdivision 1. Unnecessary Noises Generally. No person shall make, continue, or cause to be made any loud, unnecessary or unusual noise which unreasonably annoy, disturbs, injures or endangers the comfort, convenience, safety, health, welfare or repose of persons in the vicinity thereof, unless the making, continuing, or causing to be made or continued of such noise cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person. City Ordinance 85.10 Subdivision 3. Parties and Gatherings. No person shall, between the hours of 11:00 p.m. and 7:00 a.m., attend or participate in any party or gathering of four or more persons from which noise emanates in sufficient volume to disturb the peace, quiet, comfort or repose of persons in any hospital or office, or in any dwelling, hotel, motel, or
other type of residence, or of any persons in the vicinity; nor shall any person visit or remain in any dwelling, structure or place where such party or gathering is taking place, except persons who have gone there for the purpose of abate such noise or disturbance. City Ordinance 85.10 Subdivision 5A. The play, use, or operation of any radio, tape, or disc players, musical instrument, phonograph or other machine or device for the production or reproduction of sound in such a manner as to be plainly audible at a distance of fifty feet from such machine or device shall be prima facie evidence of a violation of this subdivision.2. Under Age Drinking, Over Serving, Public Consumption, Parking Lots/Ramps: City Ordinance 125A.23 Unlawful Acts. Subdivision 1. No alcoholic beverage shall be sold or furnished for any purpose whatsoever to any person under 21 years of age or to a habitual drunkard or to anyone obviously intoxicated or to any person to whom such sales are prohibited by any law of this state or by this chapter. City Ordinance 125A.23 Unlawful Acts. Subdivision 7. No person shall consume any alcoholic beverage in any public place, except in public parks as provided by section 45.22, unless such place is licensed hereunder, or unless a person using the premises has been issued a permit by the commissioner to serve liquid for the purpose of missing with such alcoholic beverages. City Ordinance 85.06 Unlawful Assembly in Parking Lot. No person unless authorized by a city permit shall assemble with one or more other persons on a city parking lot, except that it shall not be a violation of this section to lawfully park a vehicle in a city parking lot and leave the lot without delay, or go upon a city parking lot and without delay proceed to a lawfully parked vehicle and then leave. The term “city parking lot” as used in this section means any parking lot used by the city or by others under contract with the city for either public or restricted off- street vehicular parking purposes. City Ordinance 85.02 Indecent Conduct. No person, in any public or private place, shall engage in or offer or attempt to engage in, or congregate because of: (3) The indecent or lascivious exposure or use of the human body, or any part thereof. Under City Ordinance 85.021 Public Indecency, Subdivision 6. (g) this includes human urination (abbreviated).3. Littering: City Ordinance 76.03 Unlawful Acts. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or objectionable waste. MN State Statute 169.42. No person shall throw, deposit, place, or dump, or cause to be thrown, deposited, placed, or dumped upon any street or highway or upon any public or privately owned land adjacent thereto without the owners consent any snow, ice, glass bottle, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, cigarette filters, debris from fireworks, refuse, carcass of any dead animal, offal, trash or rubbish or any other form of offensive matter, or any other substance likely to injure any person, animal, or vehicle upon any such street or highway.
4. Smoking in the Peace Plaza: City Ordinance 45D.03 Rules Of Conduct. Subdivision 1. It shall be unlawful for any person while in the Peace Plaza to: (M.) throw, deposit, place or dump, or cause to be thrown, deposited placed or dumped, any garbage matter, trash or rubbish of any kind; and (P.) engage in smoking. The term “smoking” means the inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe or any other lighted tobacco or plant product. “Smoking” also includes carrying a lighted cigar, cigarette, pipe or any other lighted tobacco or plant product intended for inhalation.The RDA would appreciate a response to this request by April 30th. The RDA also requests monthlyfeedback from the City on enforcement of these ordinances. We are committed to working with theCity of Rochester and Law Enforcement collaboratively on these and other issues as downtownRochester continues to grow and flourish.Sincerely,Jon EckhoffExecutive DirectorRochester Downtown Alliance507firstname.lastname@example.org