Loading...
HomeMy Public PortalAbout2019-07-25 packetNOTICE OF MEETING AND TENTATIVE AGENDA' City of Jefferson Public Safety Committee Thursday, July 25, 2019 7:30 a.m. Jefferson City Police Department — 401 Monroe Police Training Room TENTATIVE AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. OLD BUSINESS 4. NEW BUSINESS a. Revision to Trespass Ordinance Sec. 18-72 (City Counselor Moehlman) b. 2020 Fire Department Schedule 48/96 Start Date, Shift Cycle and Sleep Exclusion (Chief Schofield) 5. ADJOURN NOTES 'Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Public Safety Committee Meeting Call to Order Councilman Schreiber made a motion to convene the April 25, 2019, Public Safety Committee meeting. Councilman Mihalevich seconded the motion. The meeting was convened by Councilman Graham at 7:32 a.m. Attendance Present: Guests: Agenda Items Committee Members: Councilman Graham, Councilman Schreiber, Councilman Mihalevich City Administrator Steve Crowell, Fire Chief Matt Schofield, Police Chief Roger Schroeder, Division Fire Chief Jerry Blomberg, Assistant Fire Chief Tim Grace, Assistant Fire Chief Matt Bowden, Police Captain Deric Heislen, Cole County Emergency Manager Bill Farr, Curtis Goben (Architects Alliance) and Derek Reinkemeyer (CMS). Councilman Graham thanked Chief Schofield for hosting the meeting and providing a tour of the new Fire Station No. 2 located at 2935 E. McCarty Street. Chief Schofield stated the objective of this project was to construct a durable and functional building that the community can be proud of, and feels that has been accomplished. He offered the tour to provide the committee an advance look at the building. The public opening is tentatively scheduled for May 22nd. Councilman Graham asked both Chief Schroeder and Chief Schofield about staffing levels. Chief Schroeder advised he plans to re -hire a former officer once the officer passes the POST test to renew his Missouri license. He will take the test next Wednesday. Sworn positions will be filled upon his hiring. There are two communications operator positions open. The hiring process is in progress and testing will be conducted this evening. Chief Schofield advised they are fully staffed at this time. Chief Schofield proceeded with a tour and related explanation of the building design. Adjourn Councilman Mihalevich made a motion to adjourn the meeting. Councilman Schreiber seconded the motion. The meeting was adjourned at 8:17 a.m. 1 BILL SUMMARY BILL NO: SPONSOR: SUBJECT: DATE INTRODUCED: DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve Summary: This ordinance updates the city's code to follow state law in regards to trespass, adding the offense of trespass in the second degree. Origin of Request: City Prosecutor Department Responsible: Law Department Person Responsible: RYAN MOEHLMAN Background Information: The current code requires the city prosecutor to prove the defendant to knowingly enter or remain unlawfully on another's property to convict a defendant of trespass in the first degree. Trespass in the second degree is substantially similar to trespass in the first degree, but removes the mens rea state of "knowing." The City Prosecutor will only have to prove that the defendant actually entered another's property unlawfully for a successful prosecution. The penalty for trespass in the second degree is limited to a fine up to five hundred dollars ($500.00). No jail time is possible for a conviction of this offense. The applicable state law is R.S.Mo. § 569.150. Fiscal Information: There will be no cost to this action. ORDINANCE SUMMARY This ordinance updates the city's code to follow state law in regards to trespass, adding the offense of trespass in the second degree. The current code requires the city prosecutor to prove the defendant to knowingly enter or remain unlawfully on another's property to convict a defendant of trespass in the first degree. Trespass in the second degree is substantially similar to trespass in the first degree, but removes the mens rea state of "knowing." The City Prosecutor will only have to prove that the defendant actually entered another's property unlawfully for a successful prosecution. The penalty for trespass in the second degree is limited to a fine of five hundred dollars ($500.00). The applicable state law is R.S.Mo. § 569.150. Sec. 18-72. Trespass. (Revised) A. Trespass in the First Degree 1. A person commits the offense of trespass if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. 2. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by: i. Actual communication to the actor; or ii. Posting in a manner reasonably likely to come to the attention of intruders. B. Trespass in the Second degree., 1. A person commits the offense of trespass in the second degree if he or she enters unlawfully upon real property of another. This is an offense of absolute liability. 2. Trespass in the second degree shall be punished by a fine not exceeding five hundred dollars ($500.00). Sec. 18-72. Trespass. (Current) A. A person commits the offense of trespass if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property. B. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by: 1. Actual communication to the actor; 2. Posting in a manner reasonably likely to come to the attention of intruders.