Executive Order May 29, 2020, 2020-11

EMERGENCY EXECUTIVE ORDER 2020-11

I, Melvin Carter III, Mayor of the City of Saint Paul, on May 29, 2020, pursuant to Saint Paul Legislative Code Section 13.06, do hereby issue the following Executive Order:

On May 29, 2020, pursuant to Minn. Stat. § 12.29, I issued an Emergency Declaration, declaring a Peacetime Emergency due to the civil unrest occurring throughout Saint Paul.

Saint Paul Leg. Code Chapter 13.06(b) provides that, “whenever necessary to meet an emergency … the mayor may by executive order promulgate regulations … for which adequate regulations have not been adopted … respecting …the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations; and all other matters which are required to protect public safety, health and welfare in emergencies”.

On May 25, 2020, a Minneapolis police officer killed George Floyd while he was handcuffed and in the custody of officers of the Minneapolis Police Department. Other Minneapolis police officers stood guard as witnesses begged the officers to provide life-saving aid to George Floyd. Civil unrest has arisen in the Twin Cities metropolitan area since Mr. Floyd’s death. This civil unrest included mass protests in Minneapolis on May 26-28, 2020 which caused injuries, looting and the destruction of public and private property. This civil unrest, including looting and the destruction of property, has spread to Saint Paul as of May 28, 2020. On May 29, 2020 the Saint Paul Fire Chief reported that between May 28, 2020 and May 29, 2020, the City received over 300 calls for service for fires, 126 of which were related to fire calls and 55 of which were confirmed. A curfew is necessary in order to ensure the public safety of the people of Saint Paul.

Governor Walz, in Executive Order 20-56, has declared a peacetime emergency in the City of Saint Paul as well as the City of Minneapolis and the “surrounding communities”. Governor Walz, as part of Executive Order 20-56, has also activated the National Guard to support in emergency operations and response. On May 29, 2020. Governor Walz issued Executive Order 20-65 implementing a night-time curfew in the cities of Saint Paul and Minneapolis.

NOW, THEREFORE, I, Melvin Carter III, Mayor of the City of Saint Paul, do hereby issue the following Emergency Executive Order:

Night-time Curfew: effective May, 29, 2020, at 8:00 P.M. a curfew is imposed in all public places within the City of Saint Paul between the hours of 8:00 P.M. and 6:00 A.M. Travel Prohibited. During the curfew, all persons must not travel on any public street or public place. Exemptions. All law enforcement, fire and medical personnel, and members of the news media, as well as other personnel authorized by the City of Saint Paul, Minnesota Department of Public Safety, Minnesota State Patrol, or Minnesota National Guard, are exempt from the curfew. Individuals traveling directly to and from work, seeking emergency care, fleeing danger, or experiencing homelessness are also exempt.

Definitions. a. For the purposes of this Executive Order, “travel” includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, or public transit, or any other mode of transporting a person from one location to another. b. For the purposes of this Executive Order, a “public place” is any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets and roads, alleys, highways, driveways, sidewalks, parks, vacant lots, and unsupervised property. Enforcement. a. Pursuant to Minnesota Statutes 2019, section 12.45, an individual who willfully violates this Executive Order is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed $1,000 or by imprisonment for not more than 90 days. b. Any person who disobeys a lawful order of a regular member or auxiliary member of the police or fire departments enforcing this Executive Order or another person having a specific emergency management assignment and displaying their official identification enforcing this Executive Order shall be guilty of a misdemeanor pursuant to Saint Paul Legislative Code 13.13.

Pursuant to Chapter 13 of the Saint Paul Legislative Code, this Executive Order is in immediate effect upon my signature and, if not sooner rescinded or later extended, shall expire at 6:00 A.M. on May 31, 2020.