SF 785

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; providing for administrative enforcement of minor
traffic offenses by local authorities; amending Minnesota Statutes 2006, section
169.04.

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

Section 1.

Minnesota Statutes 2006, section 169.04, is amended to read:

169.04 LOCAL AUTHORITY.

(a) The provisions of this chapter shall not be deemed to prevent local authorities,
with respect to streets and highways under their jurisdiction, and with the consent of
the commissioner, with respect to state trunk highways, within the corporate limits of a
municipality, or within the limits of a town in a county in this state now having or which
may hereafter have, a population of 500,000 or more, and a land area of not more than 600
square miles, and within the reasonable exercise of the police power from:

(1) regulating the standing or parking of vehicles;

(2) regulating traffic by means of police officers or traffic-control signals;

(3) regulating or prohibiting processions or assemblages on the highways;

(4) designating particular highways as one-way roadways and requiring that all
vehicles, except emergency vehicles, when on an emergency run, thereon be moved in one
specific direction;

(5) designating any highway as a through highway and requiring that all vehicles stop
before entering or crossing the same, or designating any intersection as a stop intersection,
and requiring all vehicles to stop at one or more entrances to such intersections;

(6) restricting the use of highways as authorized in sections 169.80 to 169.88.

(b) A local authority, by ordinance, may enforce minor traffic offenses through
an administrative system separate and distinct from the court system. Administrative
penalties may not exceed the maximum penalty established by law for a petty
misdemeanor offense. An administrative penalty may not be imposed unless the offender
is given the opportunity for a hearing held before a hearing officer appointed by the
municipality and independent of the law enforcement agency.

(c) No ordinance or regulation enacted under paragraph (a), clause (4), (5), or (6),
shall be effective until signs giving notice of such local traffic regulations are posted
upon and kept posted upon or at the entrance to the highway or part thereof affected as
may be most appropriate.

(c) (d) No ordinance or regulation enacted under paragraph (a), clause (3), or any
other provision of law shall prohibit:

(1) the use of motorcycles or vehicles utilizing flashing red lights for the purpose of
escorting funeral processions, oversize buildings, heavy equipment, parades or similar
processions or assemblages on the highways; or

(2) the use of motorcycles or vehicles that are owned by the funeral home and that
utilize flashing red lights for the purpose of escorting funeral processions.