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OCT -09 -1990 16:57 FROM SWEENEY a BORER <br />Thomas M. Sweeney <br />George F, Borer <br />Paul T. Ostrow <br />Douglas 8, Meslow <br />TO LITTLE - CANADA P.02 /06 <br />Sweeney & Borer <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />October 9, 1990 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Re: Ordinance Defining the Parking or <br />Outside Storage of Unlicensed Vehicles <br />as a Public Nuisance <br />Our File No. 6626 <br />Dear Mr. Hanson: <br />Telephone <br />(612) 2222541 <br />Facsimile <br />(612) 223.5239 <br />Pursuant to your request and in consultation with the <br />Ramsey County Sheriff's Department, I have prepared the enclosed <br />Ordinance Defining the Parking or Outside Storage of Unlicensed <br />Vehicles as a Public Nuisance. It is my understanding that the <br />first reading of this Ordinance will take place at the time of <br />the City Council Meeting to be held on October 10, 1990. <br />You will note that the enclosed Ordinance differs from the <br />revisions discussed in your memo dated October 5, 1990 to the <br />Mayor and City Council. Based upon my review of the relevant <br />Minnesota statutes, I concluded that there is no authority under <br />state law for the issuance of citations to owners of unlicensed <br />vehicles parked on private property. Specifically, under Minn. <br />Stat. §169.79, it is a petty misdemeanor to "operate, drive or <br />park a motor vehicle on any highway" unless the vehicle is <br />currently registered. Since the enforcement of this statute is <br />limited to vehicles parked on a public roadway, amending the <br />language of Chapter 401 of the Municipal Code, which <br />incorporates state law, would not increase the authority of the <br />Ramsey County Sheriff's Department to issue citations on private <br />property. <br />Under Chapter 601.050 (k) of the proposed Ordinance, it <br />becomes a public nuisance to park, store, keep or place an <br />unlicensed vehicle on private property, unless the vehicle is <br />properly enclosed. In the event the Ordinance is passed, the <br />Sheriff's Department will have the authority to issue citations <br />to the owners of vehicles not properly licensed and parked on <br />private property. Please note that I also have added language <br />to Chapter 601.050 (j). Adding the terms "parking" and <br />"abandoned vehicles" to that section will aid in the enforcement <br />of the Ordinance. <br />Page 1 <br />