(A) Purpose. Administrative offense procedures established pursuant to 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 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 the law. Likewise, the city in its discretion may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
(B) Administrative offense defined. An administrative offense is a violation of a provision of this code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Resolution 05-61, adopted August 16, 2005, hereafter.
(C) Notice. Any officer of the Waseca Police Department, or any other person employed by the city, authorized in writing by the City Manager, and having authority to enforce this code, 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 the 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 on 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) Court appearance request. Any person contesting an administrative offense pursuant to this section may, within seven days of the time of the issuance of the notice, request 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. The administrative offense procedure will then terminate.
(F) Failure to pay. In the event a party is charged with an administrative offense fails to pay the penalty within seven days, or request a court appearance within seven days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable city ordinances or state statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the administrative offense procedure shall terminate. If the penalty is paid in full within seven days, no similar charge may be brought by the City of Waseca for the same incident.
(G) Disposition of penalties. All penalties collected by the Waseca Police Department pursuant to this chapter shall be paid to the city's Finance Director and may be deposited in the city's general fund.
(H) Offenses and penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by the City Council from time to time, copies of which shall be maintained in the administrative offices.
(I) Subsequent offenses. In the event a party is charged with a subsequent administrative offense (except speeding) within a 12 month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by 25% above the previous penalty except as otherwise provided by resolution.
(J) (1) Ordinance violation summonses.
(2) Issuance of ordinance violations. Persons authorized to issue summonses:
(a) The persons named in this division, as employees or agents of the city, shall have power to issue summonses authorized by city ordinance, Administrative Offenses, § 10.98 and Uniform Traffic Code Citations/Summonses with complaints incorporated therein (citations), in the form adopted by rule of the district court, but the issuance by those named shall relate only to offenses involving this code, animal control, or parking. No such employee or otherwise shall take a violator into custody or secure a promise to appear in court in lieu of arrest.
(b) Those authorized are as follows: Police Reserve Officers.
(Ord. 880, passed 8-16-05; Am. Ord. 919, passed 12-5-06)