Offenses Directed to Religious Beliefs, Racial Origins and Gender

Saint Paul Legislative Code tit. XXVIII, ch. 292

in effect

Saint Paul Legislative Code § 292.01 Assault.

Sec. 292.01. - Assault. Whoever, intentionally or with reckless disregard of so doing, puts another in fear of immediate bodily harm or death by placing on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which is reasonably understood as communicating threats of harm, violence, contempt or hatred on the basis of race, color, creed, religion or gender commits an assault and shall be guilty of a misdemeanor. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.02 Disorderly conduct.

Sec. 292.02. - Disorderly conduct. Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.03 Religious, racial or gender-based vandalism.

Sec. 292.03. - Religious, racial or gender-based vandalism. Whoever intentionally defaces or damages, without the consent of the owner or lawful possessor, any public or private property, including, but not limited to, property used for religious, educational, residential, memorial, charitable or cemetery purposes or for assembly by persons of a particular race, color, creed, religion or gender, by placing thereon a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which is reasonably understood as communicating threats of harm, violence, contempt or hatred on the basis of race, color, creed, religion or gender commits religious, racial or gender-based vandalism and shall be guilty of a misdemeanor. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.04 Declaration of policy on racial, religious, gender or youth gang graffiti.

Sec. 292.04. - Declaration of policy on racial, religious, gender or youth gang graffiti. (a) The council finds that racial, religious, gender-based and youth gang graffiti adversely affect the peace, safety, comfort and decency of the Saint Paul community and its youth. The council finds that the protection of city youth and neighborhoods and the enforcement of vandalism statutes are fostered by the quick removal of racial, religious, gender-based and youth gang graffiti. (b) The council finds that there are youth gangs operating within the city and that these gangs are undesirable for the City of Saint Paul and are demeaning to its youth. Exposure to the graffiti of these gangs adversely affects the emotional well-being of city youth and creates peer pressure on city youth to join these undesirable and demeaning organizations. (c) The council further finds that youth gang graffiti are used to identify claimed areas of gang control or mark gang territory. The council finds that quick removal of the graffiti prevents the entrenchment of the gangs. (d) The council hereby declares its intention to minimize racial, religious, gender-based and youth gang graffiti within the City of Saint Paul. The public policy of Saint Paul is declared to be the quick removal of racial, religious, gender-based and youth gang graffiti to limit its adverse impact on city youth and neighborhoods. Racial, religious, gender-based and youth gang graffiti is hereby declared to be a public nuisance. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.05 Definitions.

Sec. 292.05. - Definitions. For purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them: Racial, religious and gender-based graffiti are marks, symbols, designs, inscriptions or other drawings reasonably understood as communicating threats of harm, violence, contempt or hatred on the basis of race, religion or gender. Youth gang shall mean any organization primarily comprised of minors who band together and claim territory within the city for themselves by the inscription of symbols on city structures and has been identified by the city police as such an organization. Youth gang graffiti are marks, symbols, designs, inscriptions or other drawings used by or associated with youth gangs in any manner including an attempted designation of territorial claims of the youth gangs, displayed without permission on public or private structures. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.06 Unlawful conduct; owner's responsibility.

Sec. 292.06. - Unlawful conduct; owner's responsibility. It shall be unlawful for an owner of any property to allow racial, religious, gender-based or youth gang graffiti on their property, or allow racial, religious, gender-based and youth gang graffiti to exist in the city. The owner of any such property shall remove therefrom racial, religious, gender-based and youth gang graffiti. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.07 City police to identify.

Sec. 292.07. - City police to identify. At the request of the public, and based upon information received from the public, city police personnel shall investigate and identify youth gang graffiti. After police have verified the existence of graffiti they shall contact the city clerk, who shall schedule a public hearing. The city clerk shall notify the affected property owner of the hearing date, the preliminary findings that graffiti exists on the owner's property and that the council may after the hearing order the removal of the graffiti by either the property owner or the city's department of safety and inspections, and if said department has to remove the graffiti, the cost will be assessed against the owner's property. (Ord. No. 17721, § 1, 4-19-90; C.F. No. 03-887, § 15, 11-5-03; C.F. No. 07-149, § 64, 3-28-07)

Saint Paul Legislative Code § 292.08 Limited entry upon land.

Sec. 292.08. - Limited entry upon land. The city police or their duly authorized personnel may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this chapter. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.09 Hearing.

Sec. 292.09. - Hearing. (a) At a hearing before the council, the council shall receive evidence from the police department as to the existence of graffiti. If the council finds that graffiti exists, they shall notify the department of safety and inspections and direct its removal in accordance with section 292.10. (b) The property owner shall be entitled to be heard on all matters relating to graffiti and the process of removal. (Ord. No. 17721, § 1, 4-19-90; C.F. No. 03-887, § 16, 11-5-03; C.F. No. 07-149, § 65, 3-28-07)

Saint Paul Legislative Code § 292.10 Notice to owner.

Sec. 292.10. - Notice to owner. In the event racial, religious, gender-based or youth gang graffiti is found, the department of safety and inspections shall mail a written order to the owner of the subject real property, addressed to owner's last known street address. The written order shall contain the following: (1) Description of the real estate sufficient for identification. (2) Inform owner that racial, religious, gender-based or youth gang graffiti exists on owner's property and the remedial action required. (3) Allow a reasonable time for performance of any act it requires. (4) State that unless corrective action is taken, the department of safety and inspections may remove the racial, religious, gender-based or youth gang graffiti and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as taxes against real estate. (Ord. No. 17721, § 1, 4-19-90; C.F. No. 03-887, § 17, 11-5-03; C.F. No. 07-149, § 66, 3-28-07)

Saint Paul Legislative Code § 292.11 Costs to be assessed.

Sec. 292.11. - Costs to be assessed. In the event the city removes and/or abates the racial, religious, gender-based or youth gang graffiti, an accurate record of the costs incurred therein shall be kept by the department of safety and inspections and reported to the department of finance and management services. The total costs of this abatement, including the administrative costs incurred by the city in processing the abatement, shall then be assessed against the affected real property in the manner provided for in chapter 14 of the City Charter and shall be collected in accordance with those applicable provisions contained in chapter 64 of the Saint Paul Administrative Code; provided, however, that these assessments shall be payable in not more than five (5) annual installments. (Ord. No. 17721, § 1, 4-19-90; C.F. No. 03-887, § 18, 11-5-03; C.F. No. 04-185, § 1, 3-3-04; C.F. No. 07-149, § 67, 3-28-07)

Saint Paul Legislative Code § 292.12 Graffiti abatement civil in nature.

Sec. 292.12. - Graffiti abatement civil in nature. A violation of sections 292.04 through 292.12 of the Saint Paul Legislative Code, relating to the abatement of racial, religious, gender-based or youth gang graffiti, shall not be treated as misdemeanors nor shall they be criminal in nature. (Ord. No. 17721, § 1, 4-19-90)

Saint Paul Legislative Code § 292.13 Interference.

Sec. 292.13. - Interference. It is unlawful for any person to prevent, delay or interfere with the city police department or the assigned city division or department while they are engaged in the performance of duties imposed by this chapter. (Ord. No. 17721, § 1, 4-19-90)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXVIIIMIOF_CH292OFDIREBERAORGEFetched: 11/1/2026