Administrative penalty 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 provisions.
(A) The procedures are intended to be voluntary on the part of those who have been charged with administrative penalties. At any time prior to the payment of the administrative penalty, as is 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 at its discretion may choose not to initiate an administrative penalty and may bring criminal charges in the first instance.
(B) In the event a party participates in the administrative penalty procedures, but does not pay the monetary penalty, which may be imposed, the city will seek to collect the costs of the administrative penalty procedure as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
(Ord. 230, passed 10-9-2006)
(A) Application of penalty. The penalty provided in this chapter shall be applicable to every section of the city code, as though it where a part of each and every separate chapter and section.
(B) Amendments, codes adopted by reference. The penalties provided by this chapter or any section of this code apply to the amendment of any section of this code or any code adopted herein by reference to which the penalty relates, whether of not such penalty is reenacted in the amendatory provision, unless otherwise provided in the amendment.
(C) Penalty section included. Reference to any sections of this code shall be understood also to refer to and include penalty section relating thereto, unless otherwise expressly provided.
(D) One judgment only. In all cases where the same offense is made punishable or is created by different causes or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not constitute a recovery of penalty so as to bar any other penalty from being enforced.
(E) Breach of provisions. Whenever the doing of any act or omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty declared for such breach, the provisions of this chapter shall apply.
(Ord. 230, passed 10-9-2006)
(A) License revocation. When a person is convicted of a violation of any section of this code, any license previously issued to such person by the city may be revoked by the court or by City Council following an administrative hearing and opportunity to be heard.
(B) Administrative hearing. Availability to appeal or contest an administrative fine is made through a hearing of the offense in front of the next available City Council meeting. Determination of conviction shall be made on the merits of the case and shall not be made on ability to make payment on fine.
(C) No bias in hearings. Conviction issued by the City Council during an administrative hearing shall not be biased by race, sex, age, economic conditions, personal favor or prejudices, or religious beliefs.
(Ord. 230, passed 10-9-2006)
Utilization of administrative tags shall not be used in place of criminal or state traffic citations in the following:
(A) DUI’s misdemeanor to felony (motor vehicle, ATV, OHM, or snowmobile);
(B) Assaults;
(C) Disorderly conduct;
(D) Minor consumption/possession;
(E) Minor possession of tobacco;
(F) Sales of alcohol to minors;
(G) Harassment or restraining order violations;
(H) Trespassing charges;
(I) Any criminal or traffic offense mandating an arrest;
(J) Any auto accidents or criminal accidents;
(K) Any offense involving an injured person; and
(L) Any offense where a use of force is involved by the police or public.
(Ord. 230, passed 10-9-2006)
(A) Citations record keeping:
(1) Hard copy is given to the offender;
(2) One copy is kept on file at the police offices; and
(3) One copy along with report kept on file at the city offices.
(B) All citations and records related to such shall be kept on file with the city for no less than seven years from issuance of citation.
(Ord. 230, passed 10-9-2006)
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