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(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)
Fine Schedule
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Fine Schedule
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TRAFFIC RELATED | |
$40 | 70.01 All Chapter 169 Traffic Violations as adopted. |
$40 | 70.04 Truck restrictions - no semi trailers parking |
$40 | 71.01 Restricted turning - no crossing centerline to park or back. |
$40 | 71.02 School zone speed excess of 20 mph. |
$75 | 71.03 Exhibition driving |
PARKING RELATED | |
$15 | 72.01 Angle and parallel parking |
$40 | 72.02 No parking, stopping, or standing zones |
$20 | 72.03 Time limit parking zones |
$40 | 72.04 Truck zones, loading zones, and the like |
$40 | 72.05 Bus stops and taxi stands |
$20 | 72.06 Winter parking - automobiles |
$50 | 72.06 Winter parking - immobile vehicles and semi’s |
$10 per day | 72.07 Impoundment |
SNOWMOBILE OPERATIONS | |
$40 | 73.03 Hours and place of operation |
$40 | 73.04 Operation generally |
$40 | 73.05 Street and highway crossings |
$40 | 73.06 Certain state statutes adopted |
$40 | 73.07 Minimum equipment requirements |
$40 | 73.08 Operation by minors |
PUBLIC NUISANCES | |
$40 | 92.01 Public nuisance defined |
$40 | 92.02 Public nuisances affecting health |
$40 | 92.03 Public nuisances affecting peace and safety |
$40 | 92.04 Burning of leaves on private property |
$40 | 92.05 Open burning of leaves |
$40 | 92.06 Open burning permitted |
ANIMAL RELATED | |
$40 | 93.02 License requirements |
$40 | 93.03 Control of animal (including habitual barking) |
$40 | 93.20 General prohibition |
$100 | 93.21 Vicious animals - (Along with order to remove animal from city or have animal destroyed) |
$40 | 93.22 Areas where keeping prohibited |
$40 | 93.23 Maltreatment |
$40 | 93.24 Animals at large |
$40 | 93.25 diseased animals |
$40 | 93.26 Manner of keeping |
$40 | 93.26 Care of premises |
GENERAL OFFENSES | |
$40 | 130.01 Use of weapons - BB guns, paint ball (non firearms) |
$40 | 130.02 Use of city swimming pool restricted |
$40 | 130.03 Use of public parks regulated |
$40 | 130.05 Curfew |
In accordance with the collection of fines, the city may adjust fees to cover inflation and other factors not expressed in this chapter without the requirement of repeated ordinances. Future establishment of fees may be done by city resolution.
(Ord. 230, passed 10-9-2006)
(A) Misdemeanor. Unless another penalty is expressly provided in this code, and except for the provisions of division (B) below, any person violating any provisions of this code or any rule or regulation adopted or issued in pursuance thereof or any provision of any code adopted herein by reference shall, upon conviction, be punished by a fine or by imprisonment, or both established under M.S. § 609.02, Subd. 3, as amended from time to time.
(B) Petty misdemeanor. Any person convicted of a petty misdemeanor shall be subject to a fine of not more than the maximum set by M.S. § 609.02, Subd. 4a, as amended from time to time.
(C) Administrative offenses. Any person violating an administrative rule, or any offense that would otherwise be a misdemeanor or petty misdemeanor for which the city has established a scheduled penalty, shall be subject to the scheduled penalty not to exceed $100 for each offense. The determination as to whether to treat an offense as an administrative offense, petty misdemeanor shall be left to the discretion of the complainant and/or peace officer.
(D) Separate violations. Unless otherwise provided, each act of violation and every day upon which a violation occurs or continues constitutes a separate offense.
(E) Failure of officers to perform duties. The failure of any officer or employee of the city to perform any official duties imposed by city code shall not be subject to penalties provided for under this code, unless penalty is specifically provided for such conduct or omission.
(Ord. 230, passed 10-9-2006)