(A) 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, primarily petty misdemeanor criminal charges for violations of certain statutes, ordinances and of other city regulation. 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 on the administrative citation, the person charged may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with the law consistent with the facts involved underlying the administrative citation. Likewise, the city may, without issuing an administrative citation, bring the appropriate criminal charges initially. In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty specified on the administrative citation, the city may recover the costs entailed as part of a criminal disposition should the party charged be eventually adjudicated guilty.
(B) Offenses. An administrative offense is a violation of a provision of the city code, city ordinance or state law and is subject to the administrative penalties set forth in the schedule of offenses and penalties and as noted on the administrative citation, as periodically set by the City Council by resolution duly enacted. No penalty, as scheduled for administrative offenses, shall exceed $100 for any offense. An administrative offense, a petty misdemeanor, is not a crime. When used for traffic offenses, it is the policy of the Police Department to issue administrative citations for petty misdemeanors only. Administrative citations shall not be used in cases involving personal injury, property damage, or where litigation is pending.
(C) Procedure. Officers of the Police Department will be issued separate citation (ticket books) for issuing administrative citations. The citation form shall include necessary space for all pertinent vehicle information, driver information, month, date and time of the violation, ordinance or other regulation number, and the officer's signature and badge number.
(D) Issuing administrative citations. At the time of a traffic stop or during initial contact by an officer, violators may be given the option of receiving an administrative citation or the citation the officer would otherwise issue (non-administrative citation) where issuance of administrative citation is not an option. Violators continue to enjoy the presumption of innocence, hence may seek judicial determination by not remitting the amount specified on the face of an administrative citation and as directed thereon. If the officer ascertains in the initial contact with a violator of the violator's intention to plead not guilty, the officer would issue a non-administrative citation. The administrative citation shall disclose on the face thereof the local ordinance number, statute or other regulation citation violated and the issuing officer shall prepare and place on file brief incident report for each administrative citation issued.
(E) Payment of administrative citations. When issuing the administrative citation, the payment due date shall be written on the citation, affording the violator seven days to pay the specified penalty at the City Clerk's office or other designated depository. Although payment constitutes admission of the violation, the violation shall not appear anywhere on the violator's driving or criminal history record. Failure to pay the administrative penalty on or before the date specified on the citation will result in it being processed in the same manner as a non-administrative citation. Upon issuance of the misdemeanor or petty misdemeanor charge, (non-administrative citation) the administrative offense procedure shall not be initiated or if it is initiated shall thereupon terminate. In instances where the administrative citation amount has been paid and a non-administrative citation issues, the violator may disclose to the Houston County Court Administrator the fact of the payment evidenced by receipt thereof. The Prosecuting City Attorney to make the final dispositional decision in such cases.
(F) Processing administrative citations. The City Clerk's office shall receive a copy of all administrative citations issued, to enable effective administrative record thereof and to account for payments received for administrative citations. Receipts will be issued for all payments received. All proceeds received and data collected pertaining to payment of an administrative penalty shall be maintained by the City Clerk's office. All penalties collected pursuant to this section shall be paid to the City of La Crescent and deposited to the city's general fund. Each administrative citation will be classified as paid, unpaid or void. If a citation is dismissed or voided for any reason, it must be marked and filed as such and forwarded to the Chief of Police. All data collected and generated from the issuance of administrative citations shall be filed and maintained by the Police Department.
(Ord. 442, passed 6-9-08)