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Home My WebLink About0994 Ord (Administrative Offenses) ORDINANCE NO.:994 AN ORDINANCE OF THE CITY OF STILLWATER AMENDING THE STILL WATER CITY CODE, TO INCLUDE ADMINISTRATIVE OFFENSES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amendin2 Chapter 22. Section 22.11 is hereby established to read as follows: Sec. 22-11. Administrative Offenses. Subd. (1) 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, it 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. Subd. (2) ADMINISTRATIVE OFFENSE DEFINED. An administrative offense is a violation of a provision ofthis Code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Resolution 2008-55, adopted May 8, 2008, hereafter. Subd. (3) NOTICE. Any Officer of the Stillwater 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. Subd. (4) PAYMENT. Once such notice is given, the alleged violator may, within ten (10) 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. Subd. (4) COURT APPEARANCE REQUEST. Any person contesting an administrative offense pursuant to this section may, within ten (10) 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. Subd. (5) FAILURE TO PAY. In the event a party charged with an administrative offense fails to pay the penalty within ten (10) days, or request a court appearance within ten (10) days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable City Ordinances and 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 ten (10) days, no similar charge may be brought by the City of Stillwater for the same incident. Subd. (6) DISPOSITION OF PENAL TIES. All penalties collected by the Stillwater 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. Subd. (7) OFFENSES AND PENAL TIES. Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the administrative offices. Subd. (8) SUBSEQUENT OFFENSES. In the event a party is charged with a third (3rd) administrative offense within a twelve (12) month period, administrative notice/penalty may not be issued and a misdemeanor or petty misdemeanor charge shall be brought against the alleged violator. 2. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of May, 2008. ATTEST: cki, Mayor J1;b~uJt~~ Diane F . Ward, City Clerk EXHIBIT A ADMINISTRATIVE FINE SCHEDULE CITATION TO MINN. STATUTES OR TO CITY CODE Traffic Control Signals $70.00 MINN. STAT. ~169.06 Speeding (1-15 MPH over limit) $70.00 MINN. STAT. ~169.14 Fail to Yield Right-of-way $70.00 MINN. STAT. ~169.20 Fail to Yield at Yield Sign $70.00 MINN. STAT. ~169.201 Fail to Yield to Pedestrian in Crosswalk $70.00 MINN. STAT. ~169.2151 Seatbelt Violation $60.00 MINN. STAT. ~169.686 Fail to Use Child Restraint $70.00 MINN. STAT. ~169.685 Crossing Fire Hose $80.00 MINN. STAT. ~169.41 One-Way Streets and Alleys $70.00 MINN. STAT. ~169.18, Subd.6 Yield Intersections $70.00 MINN. STAT. ~169.20, Subd.4 Stop Sign $70.00 MINN. STAT. ~169.20, Subd.3 Passing on the Right where Prohibited $70.00 MINN. STAT. ~169.18, Subd.4 Prohibitions; stopping, parking $70.00 MINN. STAT. ~169.34 Handicapped Parking $200.00 MINN. STAT. ~169.346 Littering from motor vehicle $75.00 MINN. STAT. ~169.42 Snowmobiles $70.00 Citv Code Sec. 51-6 Roller Skates; Skateboards $50.00 City Code Sec. 51-8 Jake Braking-Loud Muffler $75.00 City Code Sec. 51-8 Recreational Vehicles violation $50.00 City Code Sec. 51-7 Method of Parking $50.00 City Code Sec. 51-2 Winter Parking; Snow Emergencies $50.00 City Code Sec. 51-5 Open Burning or Leaves $100.00 City Code Sec. 23-1, Subd. 10 Noise, Noisy Parties or Gatherings $100.00 City Code Sec. 38-2 Electronic Sound System! Audio Equipment $100.00 City Code Sec. 38-3 Public Nuisance Defined $75.00 City Code Sec. 38-1, Subd. 2 Public Nuisances Affecting Health $75.00 City Code Sec. 38-1, Subd. 2(1) Public Nuisances Affecting Peace and $75.00 City Code Sec. 38-1, Subd. Safety 2(2) Animal Violations $50.00 City Code Sec. 27-1-5 Public Parks: Hours of operation, $50.00 City Code Sec. 48-5 permitted activities Public Parks: Prohibited Acts $50.00 City Code Sec. 48-2 Conducted on Licensed $50.00 City Code Sec. 43-1 Premises/Disorderly Conduct, Disorderly Minn. Stat. ~609.72 House, Alcohol, etc. Curfew $50.00 City Code Sec. 52-11 Disturbing the Peace $150.00 City Code Sec. 52-1 Sign Violations $100.00 City Code Sec. 31-1-26(7) Possession of Alcohol in Public $75.00 City Code Sec. 52-15 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON STILLWATER GAZETTE May 9, 2008 ORDINANCE NO.:994 AN. ORDINANCE OFTHE CITY OF STILLWATER AMENDING THE STILLWATER CITY CODE, TO INCLUDE ADMINISTRATIVE OFFENSES THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Amending Chapter 22: Section 22.11 Is hereby established to read as follows: Sec. 22-11. Administrative Offenses. Subd. (1) PURPOSE. Administrative offense procedures establiShed pur- suant to this chapter are intended to provide the publiC and the. City with an informal, cost effective and expeditious aiternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be volu~tary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrstive penalty, as is provided for hereafter, the individual may withdraw from participation in the proceClures In which event the City may bring crimi- nal Charges in accordance with the taw. Likewise, the City, it itS discration, rnay 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 procedljres 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 Sen- tence in thee\ient. the party is charged and is adjudi~ted gulity of the criminal viola- tion. ' Subd. (2) ADMINISTRATIVE OFFENSE DEFINED. An administrative offense is Ii violation of a provision of this Cod.e~d Is subject to the administrative penalties set forth in the schedule of offenses ,and penaities referred to in Resolirtlon 2008-55, adOpted May 8, 2008, hereafter. Subd. (3) NOTICE. Any OffIcer of the stillwater Police Department, or any other person employed by the City, authorized in, writing by the City Manager and hav- ing authority to enforce this Code shall, upon determining that there has been a viola- tion, 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 viola- tion, the name of the official issuing the notice and the amount.of the scheduled penal- ty. SulJd, (4) . PAYMENT. Once such notice. is given, the alle-gedviolator may, :r~c~eit~3~d~~~I1~~~fVi':~=~~~h~~ffi~:~m"~:n'B~W. mail and payment shall be de-emed to be an admission of the violation. SulJd.. (4) COURT APPEARANCE REQUEST. . Any person contesting an administrative offense pursuant to this section may, within ten (10) days of the tlme.of th~ issuance of the notice. request a court appearance. A person requesting a court appearance will be issued a citetion/summons for the violation and a court date will be set. The administrative offense procedure will then terminate. Subd. (5) FAILURE TO PAY. .In the event a party charged with an adminis- trative offense fails to pay the penalty within ten (10) days, or request a court appear- ance within ten (10) days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance wIIh appilcable City Ordinances and State Statutes, Upon issuance of the misdemeanor or petty misdemeanor, charge, the admlniS!rstive offense procedure shall terminate. If the penalty is paid in full within ten (10) days, no similar chargernay be brought by the City of stillwater for the same Incl- dent. ' Subd. (6) DISPOSITION OF PENALTIES. All penalties Collected by the Stillwater 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. Subd. (7) OFFENSES AND PENALTIES. Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of lluch resolutlons shall be maintained in the administrative offices. Subd. (8) SUBSEQUENT OFFENSES.ln'the,event a party Is charged with a third (ard). administrative offense within a twelve. (12) month period, administra- tive notiCfl/Penaity may not be issu~ .and a misdemeanor or petty misdemeanor charge shall be brought against jhe alleged violator. 2. Effective Date. This On:llnance will be in full force and effect from and after itS ~ ~d publication according to law. Adopted by the City CouncH of the City of Stillwater this 6th day of May, 2008. Julie Athey, being duly sworn on oath, says: that she is, and during all times herein states has been, Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette, a newspaper of general circulation within the City of Stillwater and the County of Washington. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): 9th of May 2008 Newspaper Ref./Ad '# 835145 elL- ~ (I Subscribed and sworn to before me this 13th day of May 2008 ~a~? Marklji NOTARY PUBLIC " Washington County, Minnesota My commission expires January 31, 2011 MARK EDWARD BERRIMAN NOTARY PUBLIC MINNESOTA My Comm!sslon Expire. Jan. 31. 2011 CITY OF STILLWATe;R Is! Ken Heryckl" Ken ~ryckl, Mayor ATTEST: Is! Diane F, Wan:l Diane F. Ward,.City Clerk EXHIBIT A ADMINIS1'RATlV~ FINE SCIlEDULE CIT~T1()NTO MINN. STATUTES OR ro CITY CQ,J)E iiiOise. No(sy~ or-O.lns5.~." E1~lronic Sound System! Audio F. ui ent Public Nu~ Defined Public Nulllanees AfIeoting Heallh leil\' i . 10 ; --$roo.oo'''Wr'""(;it)'~..~. 1 i :, $100.00 $75.00 515.00 $7MIl $$0.00 $S(l.oo $50.00 $150.00 $75.00 lcohollnPublic .~'^ -""-$75~ Ci Code See. 5~;ll Ci. Code Sec. 52-I .9!I Code See. 31..1..2(j{7) C' Code Sec. 52-15 519