City Council Meeting Date: September 6, 2016
To: Mayor and City Council
City Administrator
From: Monte Nelson, Chief of Police
Title
Consideration of a new Ordinance Restricting Fishing on the West Riverwalk Area.
Body
Action Requested:
The Northfield City Council is asked to discuss and approve Second Reading of a new Ordinance Restricting Fishing on a small section of the Riverwalk Area as approved and/or amended.
Summary Report:
Fishing along the Cannon River in downtown Northfield is a longstanding tradition, yet, over the years, there have been a few problems caused by fishing activity. Staff proposes a new ordinance to restrict fishing in one section of the Riverwalk to help alleviate on-going issues in that area, for public safety reasons.
At the August 2 City Council meeting, the Council discussed and approved the First Reading of a proposed ordinance to prohibit fishing on a small section of the west Riverwalk area. Council directed staff to seek input/approval from the Minnesota DNR regarding the ordinance.
Patricia Watts, Enforcement Policy/Legal Analyst for Minnesota DNR was contacted. The DNR agreed to the limited restriction of fishing “from” City right of way and suggested several language changes. See the attached email from Watts and the August 16 staff report for more details.
At the August 16 City Council meeting, this proposed ordinance was discussed for approval of Second Reading. Council voiced concern over the proposed ordinance and directed staff to research the subject and bring back additional info and options. Specifically, the Council asked for:
- Options for an adjusted No Fishing Zone, in particular a smaller zone referenced to the light pole nearest the Lily Padio property boundary.
- Options related to limitations based on “Times” (matching restaurant hours) and/or “When Persons Present” language.
Staff identified hours of operation for Froggy Bottoms and Lily Padio, relayed the Council requests to both Civil and Criminal City Attorneys, and took additional measurements and photos of the affected area.
Management of Froggy Bottoms/Lily Padio provided hours of operation, which are generally 11:00 a.m. - 1:00 a.m., Tuesday through Sunday, and 4:00 p.m. - 1:00 a.m., depending on the number of guests present. The hours and seasonal use also differ between the Froggy’s side and Lily Padio side of the business. The Froggy’s patio sees year around use depending on weather conditions; the Lily Padio sees more seasonal use, April through October, depending on weather and demand.
The City Attorneys’ were opposed to complicated, varying, or “when persons present” language, because it creates an ordinance that can be confusing to the public and very difficult to enforce or prosecute. Staff also proposed the idea of posting a temporary sign whenever the business was open and/or persons were present. Legal counsel opposed this language for the same reasons.
After much discussion, Civil and Criminal City Attorneys agreed to the language in the attached proposed ordinance. The proposed language was seen as a reasonable compromise between being clear, easily defined and allowing fishing during certain times and seasons. The proposed times were chosen to align with the majority of restaurant hours while being clear, defined, and not varying day to day. The proposed seasonal prohibition (April 1 to November 1) also seemed to be a reasonable compromise.
Staff took various measurements and corresponding photos to provide options and perspective for Council. Council had mentioned a zone that would start approximately 10 feet north of the light pole closest to the Lily Padio/Riverwalk seating area boundary. The proposed ordinance language provides a “No Fishing” zone that includes a total of 185 feet north from the 4th Street Bridge. The north end of this zone would start on the Riverwalk 10 feet north of the light pole, providing a 35 foot “buffer” to the Lily Padio seating area. The total length of actual Riverwalk closed to fishing would be approximately 65 feet. This zone is about 37 feet shorter than previously proposed. See attached photos and documents for more detail.
Council had also expressed concern over the offense level/fine amount associated with a violation of the proposed ordinance. City Criminal Attorneys confirmed that current “surcharges and costs administered by the District Court” are $85. This amount is added onto whatever fine is levied. If the proposed ordinance were passed, the City (and legal counsel) would need to send a request to Rice County District Court requesting the court to assign a “Payable Fine” to violation of this ordinance. For instance, if the “Payable Fine” was $10, the total cost for a violation would be $95: $10 fine + $85 surcharges and costs = $95.
Staff revised the fine language to properly reflect the mandatory, additional surcharges and costs. With $100 maximum fine language, the City can request a payable fine of $10 for first offense, and still have room for higher fines (still under $100) for repeat offenses.
Staff recommends approval of the attached ordinance that would prohibit fishing “from” the west Riverwalk 185 feet north from the 4th St. Bridge. A simple description of the area would be the width of the west Riverwalk from Froggy Bottoms north approximately 65 feet; this is about 10 feet north of the first light pole. Staff believes this area is a sufficient compromise between safety for restaurant patrons and minimizing effects on fishing activities. Prohibiting fishing activity this distance from the restaurants should alleviate the conflicts and improve safety.
Alternative Options:
Council could choose several other options.
a. Council could decide not to approve the ordinance at all. Staff would remove the “no fishing” signs as it would be unenforceable. Police Officers would continue to attempt mediation to resolve the problem. This has proven not been effective in some circumstances. The building or restaurant owners may have the opportunity to pursue private civil litigation in response to fishing that is impacting their private property.
b. Council could to choose to reduce the “No Fishing” zone further. The zone could be defined at 175 feet north from the 4th Street Bridge. This would put the north boundary of the zone at the light pole, providing a “buffer” of about 25 feet to the Lily Padio seating area. Total length of affected Riverwalk area would be 55 feet. See attached document, “Proposed 185' Zone” for perspective.
c. Council could choose to increase the “No Fishing” zone beyond the proposed language to 195 feet north from the 4th Street Bridge. This would place the north boundary of the zone approximately 20 feet north of the light pole, providing a “buffer” of about 45 feet to the Lily Padio seating area. Total length of affected Riverwalk area would be 75 feet. See attached document, “Option 3 195 ' Zone” for details.
d. Council could choose to define a different area and/or timeframe to prohibit fishing from the Riverwalk area.
Financial Impacts:
N/A
Tentative Timelines:
If the second reading is approved on September 6, publication would take place on September 14. The ordinance would be effective on October 14, 2016.