(A) The City Council finds that there is a need for one or more alternate methods of enforcing the city’s ordinances. Though criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused in that system. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential for incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city ordinance violations as being particularly important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy which could be pursued for city ordinance violations.
(B) The administrative offense procedures established under this chapter 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 ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with the administrative offenses. 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, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first or succeeding instances.
(Ord. 205, passed 12-18-2018)
(A) Administrative offenses established. A violation of any provision of the city’s ordinances or the acts prohibited in § 32.07 is an administrative offense that may result in an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense.
(B) Fines established.
(1) The civil penalty amounts for offenses shall be as follows.
Offense | Amount | Ordinance Reference |
Offense | Amount | Ordinance Reference |
Animal slaughter | $25 | Ordinance 69 |
Burning violations | $25 | Ordinance 11 |
Development Code violations Environmental Exterior storage and off-street parking | $50 $50 | Ordinance 122 Ch. 2, § 3.3 Ch. 2, § 3.4 |
Dog violations Public nuisance Rabies vaccination Identification | $50 $50 $50 | Ordinance 185 § 6 § 3 § 2 |
False alarms | $25 | Ordinance 63 |
Noise violations | $50 | Ordinance 65 |
Rubbish violations | $25 | Ordinance 8 |
Operation of watercraft | $25 | Ordinance 155 |
Park violations Animals Erection of structure Littering and dumping Motorized vehicle Non-motorized vehicle in Wind in the Pines Open fires Other park violations Park hours Removing, defacing, or destroying property | $25 $50 $25 $25 $25 $50 $25 $25 $50 | Ordinance 133 § 10 § 3 § 4 § 5 § 6 § 7 § 1 § 2 |
Right-of-way violations Designated no parking zones Incorporated policies and standards Materials on street, sidewalk, or right-of-way Other parking Parking near mailboxes Seasonal weight restrictions Snow and ice removal Unobstructed width | $25 $25 $25 $25 $25 $100 $25 $25 | Ordinance 204 § 2.02 Art. 5 Art. 3 § 2.06 Art. 4 § 2.03 § 2.04 |
Septic ordinance - “201” community septic system Prohibited waste discharge Other | $100 $50 | Ordinance 202 § 9 § 8 |
Septic ordinance - Uptown system Prohibited waste discharge Other | $100 $50 | Ordinance 134 § 9 § 8 |
Skateboards | $25 | Ordinance 57 |
Snowmobiles | $25 | Ordinance 68 |
Tobacco Tobacco product license - first time Tobacco product license - second time Other prohibited acts | $200 $500 $50 | Ordinance 212 § 12 § 12 § 12 |
(2) The administrative penalty imposed for a subsequent violation of the same or similar nature as another violation by the same person in the prior 12 months shall be 200% of the stated amount, provided that no penalty shall exceed $300.
(3) The City Council may amend the civil penalty amounts by including a list of the amounts in the city’s fee schedule ordinance that is adopted from time to time. Penalty amounts shall be determined in accordance with the fee schedule in effect on the date of the violation.
(C) Service. As used in this chapter, service may be accomplished by delivering a copy to the person directly; by leaving a copy at the individual person’s usual place of abode with some person of suitable age and discretion then residing there; by depositing a copy in the U.S. mail at a receptacle in the county, postage prepaid and properly addressed to last known address of the person to be served; or by any other manner provided in the Minnesota Rules of Civil Procedure. In the case of service by mail, service is completed on mailing.
(Ord. 205, passed 12-18-2018)
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