SF 757

as introduced - 89th Legislature (2015 - 2016) Posted on 02/13/2015 09:00am

A bill for an act
relating to local government; prohibiting the imposition of jail time for violation
of noncriminal ordinances and charter provisions; amending Minnesota Statutes
2014, sections 365.125, by adding a subdivision; 375.53; 394.37, by adding a
subdivision; 410.20; 412.231; 462.362; 609.034.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 365.125, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Certain penalties prohibited. new text end

new text begin A town shall not adopt an ordinance or
charter provision providing for jail time or any other restriction of physical liberty for
violations of an ordinance or charter provision not defined as a crime under section
611A.01, paragraph (a). Nothing in this section shall prevent a town from enforcing a
violation of any ordinance or charter provision by prescribing a fine or other financial
penalty. Ordinances or charter provisions inconsistent with this subdivision are void.
new text end

Sec. 2.

Minnesota Statutes 2014, section 375.53, is amended to read:

375.53 VIOLATIONS OF ORDINANCES, PENALTIES.

new text begin Subdivision 1. new text end

new text begin Penalties. new text end

The county board may declare that the violation of any
ordinance shall be a penal offense and prescribe penalties for a violation. The penalties
shall not exceed those permitted for conviction of a misdemeanor as defined by law.

new text begin Subd. 2. new text end

new text begin Certain penalties prohibited. new text end

new text begin Notwithstanding subdivision 1, a county
shall not adopt an ordinance or charter provision providing for jail time or any other
restriction of physical liberty for violations of an ordinance or charter provision not
defined as a crime under section 611A.01, paragraph (a). Nothing in this section shall
prevent a county from enforcing a violation of any ordinance or charter provision by
prescribing a fine or other financial penalty. Ordinances or charter provisions inconsistent
with this subdivision are void.
new text end

Sec. 3.

Minnesota Statutes 2014, section 394.37, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Certain penalties prohibited. new text end

new text begin Notwithstanding subdivisions 1 to 4, a
county shall not adopt an ordinance or charter provision providing for jail time or any
other restriction of physical liberty for violations of an ordinance or charter provision not
defined as a crime under section 611A.01, paragraph (a). Nothing in this section shall
prevent a county from enforcing a violation of any ordinance or charter provision by
prescribing a fine or other financial penalty. Ordinances or charter provisions inconsistent
with this subdivision are void.
new text end

Sec. 4.

Minnesota Statutes 2014, section 410.20, is amended to read:

410.20 RECALL AND REMOVAL OF OFFICERS; ORDINANCES.

new text begin Subdivision 1. new text end

new text begin Recall and removal of officers; ordinances. new text end

Such commission may
also provide for the recall of any elective municipal officer and for removal of the officer
by vote of the electors of such city, and may also provide for submitting ordinances to
the council by petition of the electors of such city and for the repeal of ordinances in like
manner; and may also provide that no ordinance passed by the council, except an emergency
ordinance, shall take effect within a certain time after its passage, and that if, during such
time, a petition be made by a certain percentage of the electors of the city protesting
against the passage of such ordinance until the same be voted on at an election held for
such purpose, and then such ordinance to take effect or not as determined by such vote.

new text begin Subd. 2. new text end

new text begin Certain penalties prohibited. new text end

new text begin A city shall not adopt an ordinance or
charter provision providing for jail time or any other restriction of physical liberty for
violations of an ordinance or charter provision not defined as a crime under section
611A.01, paragraph (a). Nothing in this section shall prevent a city from enforcing a
violation of any ordinance or charter provision by prescribing a fine or other financial
penalty. Ordinances or charter provisions inconsistent with this subdivision are void.
new text end

Sec. 5.

Minnesota Statutes 2014, section 412.231, is amended to read:

412.231 PENALTIES.

new text begin Subdivision 1. new text end

new text begin Maximum penalties. new text end

The council shall have the power to declare that
the violation of any ordinance shall be a penal offense and to prescribe penalties therefor.
No such penalty shall exceed a fine of $1,000 or imprisonment in a city or county jail for a
period of 90 days, or both, but in either case the costs of prosecution may be added.

new text begin Subd. 2. new text end

new text begin Certain penalties prohibited. new text end

new text begin A city shall not adopt an ordinance or
charter provision providing for jail time or any other restriction of physical liberty for
violations of an ordinance or charter provision not defined as a crime under section
611A.01, paragraph (a). Nothing in this section shall prevent a city from enforcing a
violation of any ordinance or charter provision by prescribing a fine or other financial
penalty. Ordinances or charter provisions inconsistent with this subdivision are void.
new text end

Sec. 6.

Minnesota Statutes 2014, section 462.362, is amended to read:

462.362 ENFORCEMENT AND PENALTY.

new text begin Subdivision 1. new text end

new text begin Enforcement of ordinances or regulations. new text end

A municipality may
by ordinance provide for the enforcement of ordinances or regulations adopted under
sections 462.351 to 462.364 and provide penalties for violation thereof. A municipality
may also enforce any provision of sections 462.351 to 462.364 or of any ordinance
adopted thereunder by deleted text begin mandamus, deleted text end injunction deleted text begin , deleted text end or any other appropriate new text begin civil new text end remedy in any
court of competent jurisdiction.

new text begin Subd. 2. new text end

new text begin Certain penalties prohibited. new text end

new text begin (a) No statute, ordinance, charter provision,
or court order shall provide for enforcement of an ordinance or charter provision not
defined as a crime under section 611A.01, paragraph (a), by imposing jail time or any
other restriction of physical liberty.
new text end

new text begin (b) Nothing in this section shall prevent the state, a municipality, or a court from
enforcing a violation of any ordinance or charter provision by prescribing a fine or other
financial penalty.
new text end

Sec. 7.

Minnesota Statutes 2014, section 609.034, is amended to read:

609.034 MAXIMUM PENALTY; ORDINANCE VIOLATIONS.

new text begin Subdivision 1. new text end

new text begin Maximum fines. new text end

Any law of this state or municipal charter which
limits the power of any statutory or home rule charter city, town, county, or other political
subdivision to prescribe a maximum fine of $700 or less for an ordinance shall on or after
August 1, 2000, be deemed to provide that the statutory or home rule charter city, town,
county, or other political subdivision has the power to prescribe a maximum fine of $1,000.

new text begin Subd. 2. new text end

new text begin Certain penalties prohibited. new text end

new text begin (a) No statute, ordinance, charter provision,
or court order shall provide for enforcement of an ordinance or charter provision not
defined as a crime under section 611A.01, paragraph (a), by imposing jail time or any
other restriction of physical liberty.
new text end

new text begin (b) Nothing in this section shall prevent the state, a municipality, or a court from
enforcing a violation of any ordinance or charter provision by prescribing a fine or other
financial penalty.
new text end