HF 45

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to local government; authorizing city 
  1.3             councils to establish by ordinance procedures for 
  1.4             imposing civil penalties for ordinance violations; 
  1.5             amending Minnesota Statutes 1998, section 412.231; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 410. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [410.275] [CIVIL PENALTIES.] 
  1.10     Subdivision 1.  [ORDINANCE VIOLATIONS; PROCEDURE.] A home 
  1.11  rule charter city may establish a procedure for imposing civil 
  1.12  penalties for violations of its ordinances.  This procedure must 
  1.13  meet the minimum requirements in paragraphs (a) to (f). 
  1.14     (a) The alleged violator must be given notice of the 
  1.15  violation and an opportunity to be heard by the city council or 
  1.16  by a neutral hearing officer who is not an employee of the city. 
  1.17     (b) A full record of the hearing must be kept and the 
  1.18  hearing officer's decision must be in writing. 
  1.19     (c) A party may, by a writ of certiorari, appeal a decision 
  1.20  of a hearing officer to the district court that has jurisdiction 
  1.21  over the location of the alleged violation.  In the alternative, 
  1.22  the procedure may allow an appeal from a decision of the hearing 
  1.23  officer to the city council.  In that case, a party may, by writ 
  1.24  of certiorari, appeal a decision of the city council to the 
  1.25  appropriate district court. 
  1.26     (d) The amount of a civil penalty must not exceed the 
  2.1   amount of the maximum fine allowed if the ordinance violation 
  2.2   had been prosecuted as a crime or petty misdemeanor, except that 
  2.3   a higher fine may be imposed for violations of liquor or tobacco 
  2.4   regulations. 
  2.5      (e) Civil penalties must not be imposed for ordinances that 
  2.6   prohibit the same conduct that is classified as a crime or petty 
  2.7   misdemeanor in chapters 168, 168A, 169, 170, 171, and 609, 
  2.8   except parking violations. 
  2.9      (f) If a determination is made that a violation did not 
  2.10  occur, the city must not proceed with criminal prosecution for 
  2.11  the same set of circumstances. 
  2.12     Subd. 2.  [SUBPOENA POWER.] A hearing officer acting under 
  2.13  this section may subpoena and compel the attendance of witnesses 
  2.14  and the production of documents, administer oaths to witnesses, 
  2.15  and take testimony under oath.  A subpoena under this section is 
  2.16  enforceable through the district court in the judicial district 
  2.17  in which the subpoena was issued. 
  2.18     Sec. 2.  Minnesota Statutes 1998, section 412.231, is 
  2.19  amended to read: 
  2.20     412.231 [PENALTIES.] 
  2.21     Subdivision 1.  [POWER.] The council shall have the power 
  2.22  to declare that the violation of any ordinance shall be a penal 
  2.23  offense and to prescribe penalties therefor.  No such penalty 
  2.24  shall exceed a fine of $700 or imprisonment in a city or county 
  2.25  jail for a period of 90 days, or both, but in either case the 
  2.26  costs of prosecution may be added. 
  2.27     Subd. 2.  [ORDINANCE VIOLATIONS; PROCEDURE.] The council 
  2.28  may establish by ordinance a procedure for imposing civil 
  2.29  penalties for violations of its ordinances.  This procedure must 
  2.30  meet the minimum requirements in paragraphs (a) to (f). 
  2.31     (a) The alleged violator must be given notice of the 
  2.32  violation and an opportunity to be heard by the city council or 
  2.33  by a neutral hearing officer who is not an employee of the city. 
  2.34     (b) A full record of the hearing must be kept and the 
  2.35  hearing officer's decision must be in writing. 
  2.36     (c) A party may, by a writ of certiorari, appeal a decision 
  3.1   of a hearing officer to the district court that has jurisdiction 
  3.2   over the location of the alleged violation.  In the alternative, 
  3.3   the procedure may allow an appeal from a decision of the hearing 
  3.4   officer to the council.  In that case, a party may, by writ of 
  3.5   certiorari, appeal a decision of the council to the appropriate 
  3.6   district court. 
  3.7      (d) The amount of a civil penalty must not exceed the 
  3.8   amount of the maximum fine allowed if the ordinance violation 
  3.9   had been prosecuted as a crime or petty misdemeanor, except that 
  3.10  a higher fine may be imposed for violations of liquor or tobacco 
  3.11  regulations. 
  3.12     (e) Civil penalties must not be imposed for ordinances that 
  3.13  prohibit the same conduct that is classified as a crime or petty 
  3.14  misdemeanor in chapters 168, 168A, 169, 170, 171, and 609, 
  3.15  except parking violations. 
  3.16     (f) If a determination is made that a violation did not 
  3.17  occur, the city must not then proceed with criminal prosecution 
  3.18  for the same set of circumstances. 
  3.19     Subd. 3.  [SUBPOENA POWER.] A hearing officer acting under 
  3.20  this section may subpoena and compel the attendance of witnesses 
  3.21  and the production of documents, administer oaths to witnesses, 
  3.22  and take testimony under oath.  A subpoena under this section is 
  3.23  enforceable through the district court in the judicial district 
  3.24  in which the subpoena was issued.