SF 1042

1st Engrossment - 84th Legislature (2005 - 2006) 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
2004, section 169.04.

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

Section 1.

Minnesota Statutes 2004, 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) new text begin A local authority within the meaning of section 169.01,
subdivision 28, 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.
new text end

new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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.