(A) Generally.
(1) Unless otherwise noted, the violation of any city ordinance, heretofore enacted and in effect on 6-8-2007, shall constitute a misdemeanor and shall be punished by a fine of not to exceed $1,000, by imprisonment in the county jail for a period of not to exceed 90 days or both.
(2) This division (A) shall take effect on the day following its publication in the official city newspaper. The ordinance codified herein was published 6-7-2007.
(B) Administrative penalties.
(1) Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain city code and state law provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as provided for hereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance.
(2) “Administrative offense” defined. An ADMINISTRATIVE OFFENSE is a violation of a provision of the city code or state law and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to herein. An administrative offense is not a crime. Administrative citations shall not be used in cases involving personal injury, property damage or where litigation is pending.
(3) Notice.
(a) The following employees of the city shall have the authority to issue notices for administrative offenses:
1. The officers of the Police Department;
2. The Fire Chief of the Volunteer Fire Department or his or her designee;
3. The Director of Public Works or his or her designee; and
4. The City Administrator or his or her designee.
(b) Upon determining that there has been a violation, a notice shall be given to the violator, or in the case of a non-moving vehicular violation, a notice of the violation may be attached to the vehicle. The notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice and the amount of the scheduled penalty.
(4) Recording. The Police Department shall receive a copy of all administrative citations issued, to enable accurate recordkeeping thereof and to account for all payments received for administrative citations. If a citation is dismissed or voided for any reason, it must be marked and filed as such. All data collected and generated from the issuance of administrative citations shall be filed in the Police Department.
(5) Payment. Once the notice is given, the alleged violator may, within ten days of the time of issuance of the notice, pay the full amount set forth on the schedule of penalties for the violation. The penalty may be paid in person or by mail and payment shall be deemed to be an admission of the violation.
(6) Court appearance request. Any person contesting an administrative offense pursuant to this section may, within ten days of the time of the issuance of the notice, submit a written request to the Police Department for a court appearance. A person requesting a court appearance will be issued a citation/summons for the violation and a court date will be set. The administrative offense procedure will then terminate.
(7) Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty within ten days, or request a court appearance within ten days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable city ordinances or state statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the administrative offense procedure shall terminate. If the penalty is paid in full within ten days, no similar charge may be brought by the city for the same incident.
(8) Disposition of penalties. All penalties collected pursuant to this section shall be paid to the city and deposited into the city’s General Fund.
(9) Offenses and penalties. Offenses which may be charged as administrative offenses and the penalties for the offenses shall be established by resolution by the city.
(10) Effective date. This division (B) shall be in force and effect after its adoption by the City Council and its publication in the official newspaper of the city, or 4-1-2009 whichever is later. The ordinance codified herein was published on 3-20-2009.
(C) Traffic offenses.
(1) The city hereby authorizes the issuance of administrative citations for traffic offenses designated at M.S. § 169.999, subd. 1(b)(1), (2) and (3), as it may be amended from time to time;
(2) The city hereby sets the fine for committing an administrative traffic violation designated by M.S. § 169.999 and this division at the amount designated by M.S. § 169.999, subd. 5, as it may be amended from time to time;
(3) The city hereby directs that only licensed city peace officers may issue administrative traffic citations authorized by this division;
(4) The city hereby directs that no city peace officer may issue an administrative traffic citation in violation of M.S. § 169.999, as it may be amended from time to time;
(5) The city hereby directs that no administrative traffic citation authorized by this division may be issued to a holder of a commercial driver's license or the driver of a commercial vehicle in which the administrative violation was committed;
(6) The city hereby directs the appointment of a neutral third party to hear and rule on challenges to administrative traffic citations authorized by this division. Such appointment may be renewed annually at the first meeting of the year as all other Council appointments, or more immediately as the Council directs, in its sole, reasonable discretion;
(7) The city hereby adopts the uniform administrative traffic citation form prescribed by the Commissioner of Public Safety;
(8) The city hereby authorizes city staff to create materials as necessary to supplement the uniform administrative traffic citation to provide recipients of an administrative traffic citation with information related, but not limited to, the recipient's right to challenge the citation; the city's process for handling challenges to administrative traffic citations; the location, dates, and times designated to hear traffic citation challenges; the process for paying a traffic citation; and the effect of an administrative traffic citation on a recipient's driving record;
(9) City staff is hereby directed to inform the Commissioner of Public Safety of the passage of this division;
(10) City staff is hereby directed to separately account for administrative traffic citations authorized by this division in city financial reports, summaries, and audits in keeping with common accounting practices and standards; and
(11) City staff is hereby directed to designate a special fund for the portion of administrative traffic fines that must be spent on law enforcement purposes, in keeping with common accounting practice and standards, and to report annually, or as otherwise directed by Council, to the City Council on said fund.
(Ord. 53.01, passed 6-4-2007; Ord. 91, passed 3-16-2009; Res. 0829, passed 7-20-09)