Updates to city's no-trespass ordinance would make all second offenses Class A misdemeanors

Updates to city's no-trespass ordinance would make all second offenses Class A misdemeanors

Aug. 10—GRAND FORKS — Grand Forks City Council members gave preliminary approval to update the city's trespassing ordinance to match changes made to North Dakota Century Code, providing clearer guidelines about prosecutions under the ordinance.

The update, presented Monday night during the council's Committee of the Whole work session, would make any second offense of the ordinance, regardless of the trespass location, a Class A misdemeanor, which carries a maximum possible penalty of both 360 days of imprisonment and a $3,000 fine. The current version only charges a Class A misdemeanor if the individual is found trespassing in the same location or establishment where they were charged the first time.

"It's just to update the code to bring it into compliance with state law to allow for the state's attorney's office to now charge all second offenses as Class A misdemeanors," said Marcus Skonieczny, assistant city prosecutor and attorney.

A first offense for trespassing is considered a Class B misdemeanor, which has a maximum possible penalty of 30 days of imprisonment and a $1,500 fine.

The City Council first approved the trespass ordinance in September last year, allowing law enforcement to issue no-trespass orders to people on city property. The ordinance was approved in part to address safety concerns from some residents for downtown areas like Town Square.

By Nov. 1 last year,

Police Chief Jason Freedman said six no-trespass orders were issued,

all for individuals found trespassing in Town Square.

In other news, the council:

* Preliminarily approved reassigning Historic Preservation Commission member-at-large Curt Hanson to archivist and appointing Leif Fritzell and Jade Heinz as members-at-large.

* Preliminarily approved a revised engineer's report for a paving and street light project for Grand Park First Addition to increase the special assessment markup rate for city engineering services from 3% to 5% to reflect staff providing construction inspection services. The total estimated assessment amount for the project would increase from $193,192 to $194,571.

* Preliminarily approved a task order agreement with CPS Limited not to exceed $254,000 for design and construction engineering services for paving and street lights, box culvert crossing of Legal Drain No. 9 and widening of South 42nd Street for Birkholz Eighth Addition. The council also preliminarily approved engineer reports, creating special assessment districts and preparing plans and specifications for the project. The total estimated construction cost for the projects is $3.3 million, and the total estimated assessment amount is $3.82 million.

* Preliminarily approved accepting funds from the State Homeland Security Program Grant for $199,168, to be used for a vehicle barrier system. The council also preliminarily approved waiving the requirement for a sealed bid process to procure the barrier system. The city has been using city buses and Public Works vehicles to act as barriers during special events, which requires staff from multiple city departments to utilize them and isn't as efficient as a dedicated barrier system. The grant award has been approved by the North Dakota Department of Emergency Services and FEMA.