§ 10.99  GENERAL PENALTY AND ENFORCEMENT.
   (A)   General provisions.
      (1)   (a)   Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor.  The penalty which may be imposed for any crime which is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.
         (b)   Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor.  The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
         (c)   Pursuant to Minn. Stat. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added.  A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
         (d)   The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation.
         (e)   In addition to any penalties provided for in this section, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
      (2)   The Council hereby expressly states that its legislative intent is to adopt the provisions of its traffic control ordinances so they will be identical to or in substantial agreement with state law as to all matters of wording and meaning with respect to traffic control and to be identical with the state law in all matters of penalty for violations thereof as required by the authorization therefor by state statute and as incumbent upon the city by the decision of the Supreme Court of the state in the State v Hoben, 256 Minn. 436, 98 N.W.2d 813 case. Ordinance violations are referred to throughout this code as “penal offenses” or “petty offenses.”
      (3)   (a)   Upon prosecution for any offense under this entire code, the actor may be convicted of either the offense charged or an included offense, but not both. An included offense may be any of the following:
            1.   A lesser degree of the same offense;
            2.   An attempt to commit the offense charged;
            3.   An attempt to commit a lesser degree of the same offense;
            4.   An offense necessarily proved if the offense charged were proved; or
            5.   A petty offense necessarily proved if the penal offense charge were proved.
         (b)   A conviction or acquittal of an offense is a bar to further prosecution of any included offense, or other degree of the same offense.
(1992 Code, § 1100:10)
      (4)   Violation by a licensee of any provision of this code or state law regulating, prescribing conditions or establishing requirements relative to licenses held by such a licensee shall be grounds for revocation of such license.
(1992 Code, § 1100:15)
   (B)   Administrative penalties.
      (1)   (a)   The purpose of this division (B) is to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain city ordinances. The city finds that such an alternative will have the effect of reducing nuisance violations and motor vehicle accidents within the city, and provide the city’s law enforcement officials with an additional, effective enforcement tool.
(1992 Code, § 1100:20)
         (b)   This division is not applicable to violations of the Minnesota Highway Traffic Regulation Act, Minn. Stat. §§ 169.01 through 169.99.
      (2)   An ADMINISTRATIVE OFFENSE is a violation of any section of this code of ordinances and is subject to the civil penalties identified in the city’s fee schedule, updated from time to time by city resolution. An administrative offense in not a crime.
(1992 Code, § 1100:25)
      (3)   Any police officer or other person employed by the city with authority to enforce the city code may, upon determining that there has been a violation of an ordinance, notify the violator, party responsible for the violation or, in the case of a vehicular violation, attach notice of the violation to the vehicle. The notice shall state the nature, date and time of the violation, the name of the official issuing the notice, the amount of the civil penalty and required compliance actions if applicable.
(1992 Code, § 1100:30)
      (4)   A party who has received notice of a violation may, within seven days after the notice is issued, pay the penalty amount set forth on the notice. The penalty may be paid in person at City Administrator’s office or by mail. Payment shall be deemed an admission of the violation and the city shall not bring a criminal charge for such violation. Alternatively, a party who has received notice of a violation may, within seven days after the notice is issued, contest the administrative offense by requesting 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. Upon issuance of a citation/summons for the violation, the administrative offense procedure set forth in this division (B) shall terminate.
(1992 Code, § 1100:35)
      (5)   In the event a party charged with an administrative offense fails to pay the penalty specified on the notice of violation, or request a court appearance, within seven days of issuance of notice of the violation, a misdemeanor or petty misdemeanor charge may be brought against the violator in accordance with applicable city code or state law. Upon issuance of a misdemeanor or petty misdemeanor charge for a violation, the administrative offense procedure set forth in this division (B) shall terminate.
(1992 Code, § 1100:40)
      (6)   Repeated violations of two or more similar offenses within a 12-month period shall result in a doubling of the penalty established for the violation. Additional offenses within another 12-month period shall result in additional fines not to exceed five times the amount of the original penalty.
(1992 Code, § 1100:45)
      (7)   The procedures of this division (B) are voluntary. At any time prior to the payment of the administrative penalty provided for in this division (B), the party charged with an offense may withdraw from participation in the procedures of this division (B), in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its sole discretion, may choose not to initiate an administrative offense charge and may instead bring criminal charges. In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty imposed, the city shall seek to collect the costs of the administrative offense procedure as part of a subsequent criminal sentence in the event the party is charged and is found guilty of the criminal violation.
(1992 Code, § 1100:50)
      (8)   All penalties collected pursuant to this division (B) shall be paid to the city and deposited into the General Fund.
(1992 Code, § 1100:55)
(Ord. 1309, passed 3-18-2003; Ord. 1436, passed 11-18-2008)