(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 criminal charges for violations of certain provisions of this code of ordinances.
(1) The city does not intend through the enactment of this section to infringe on the prosecution or enforcement of those matters governed by state statute, but rather to provide an additional method for its law enforcement officers to use in maintaining the peace and well being of the city.
(2) 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 is provided for thereafter, 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 instance.
(3) In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty before the seven-day deadline, the administrative offense agreement becomes null and void and the citation will be forwarded to the Wadena County Court Administrator to be processed through the traditional methods.
(B) Administrative offense defined. An administrative offense is a violation of a provision of this code of ordinances and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in the resolution entitled “Resolution Adopting Administrative Offense Penalties” and any further resolutions which add to this list.
(C) Notice. Any officer of the Police Department or any other person employed by the city, authorized in writing by the Mayor, and having authority to enforce this code of ordinances, shall upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of violation. Said notice shall set forth the nature, date, and time of the violation; the name of the official issuing the notice; and the amount of the scheduled penalty.
(D) Payment. Once such notice, is given the alleged violator may, within seven days of the time of issuance of the notice, pay the amount set forth in the schedule of penalties for the violation. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
(E) Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with the applicable statutes. If the penalty is paid before the seven-day deadline expires, no such charge may be brought by the city for the same violation.
(F) Disposition of funds. All penalties collected pursuant to this section shall be paid to the city and deposited in the General Fund.
(G) Offenses. Offenses which may be charged as administrative offenses and the penalties for such offenses shall be established by resolution of the Council from time to time. Copies of such resolution shall be maintained in the office of the City Administrator and at the Police Department.
(2006 Code, § 2.10) (Ord. 152, 3rd Series, passed 1-23-2004)