1.1 	A bill for an act
1.2 	relating to traffic regulations; providing for
1.3 	administrative enforcement of minor traffic offenses
1.4 	by local authorities; amending Minnesota Statutes
1.5 	2004, section 169.04.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 169.04, is
1.8 	amended to read:
1.9 	169.04 LOCAL AUTHORITY.
1.10 	(a) The provisions of this chapter shall not be deemed to
1.11 	prevent local authorities, with respect to streets and highways
1.12 	under their jurisdiction, and with the consent of the
1.13 	commissioner, with respect to state trunk highways, within the
1.14 	corporate limits of a municipality, or within the limits of a
1.15 	town in a county in this state now having or which may hereafter
1.16 	have, a population of 500,000 or more, and a land area of not
1.17 	more than 600 square miles, and within the reasonable exercise
1.18 	of the police power from:
1.19 	(1) regulating the standing or parking of vehicles;
1.20 	(2) regulating traffic by means of police officers or
1.21 	traffic-control signals;
1.22 	(3) regulating or prohibiting processions or assemblages on
1.23 	the highways;
1.24 	(4) designating particular highways as one-way roadways and
1.25 	requiring that all vehicles, except emergency vehicles, when on
2.1 	an emergency run, thereon be moved in one specific direction;
2.2 	(5) designating any highway as a through highway and
2.3 	requiring that all vehicles stop before entering or crossing the
2.4 	same, or designating any intersection as a stop intersection,
2.5 	and requiring all vehicles to stop at one or more entrances to
2.6 	such intersections;
2.7 	(6) restricting the use of highways as authorized in
2.8 	sections 169.80 to 169.88.
2.9 	(b) A local authority within the meaning of section 169.01,
2.10 	subdivision 28, by ordinance, may enforce minor traffic offenses
2.11 	through an administrative system separate and distinct from the
2.12 	court system.  Administrative penalties may not exceed the
2.13 	maximum penalty established by law for a petty misdemeanor
2.14 	offense.  An administrative penalty may not be imposed unless
2.15 	the offender is given the opportunity for a hearing held before
2.16 	a hearing officer appointed by the municipality and independent
2.17 	of the law enforcement agency.
2.18 	(c) No ordinance or regulation enacted under paragraph (a),
2.19 	clause (4), (5), or (6), shall be effective until signs giving
2.20 	notice of such local traffic regulations are posted upon and
2.21 	kept posted upon or at the entrance to the highway or part
2.22 	thereof affected as may be most appropriate.
2.23 	(c) (d) No ordinance or regulation enacted under paragraph
2.24 	(a), clause (3), or any other provision of law shall prohibit:
2.25 	(1) the use of motorcycles or vehicles utilizing flashing
2.26 	red lights for the purpose of escorting funeral processions,
2.27 	oversize buildings, heavy equipment, parades or similar
2.28 	processions or assemblages on the highways; or
2.29 	(2) the use of motorcycles or vehicles that are owned by
2.30 	the funeral home and that utilize flashing red lights for the
2.31 	purpose of escorting funeral processions.