Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES.
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be brought
in the name of the city upon complaint and warrant as in other criminal cases. If the accused be
arrested without a warrant, a written complaint shall thereafter be made, to which the accused
shall be required to plead, and a warrant shall issue thereon. The warrant and all other process in
such cases shall be directed for service to any police officer, process officer, or court officer of any
town or city in the county, to the sheriff of the county, or all of them.
Subd. 2. Form and contents of complaint. It shall be a sufficient pleading of the ordinances
or resolutions of the city to refer to them by section and number or chapter. They shall have the
effect of general laws within the city and need not be given in evidence upon the trial of civil
or criminal actions. Judgment shall be given, if for the plaintiff, for the amount of fine, penalty,
or forfeiture imposed, with costs; and the judgment shall direct that, in default of payment, the
defendant be committed to the county jail for such time, not exceeding 90 days, as the court
shall see fit. The commitment shall state the amount of judgment, the costs, and the period of
commitment. Every person so committed shall be received by the keeper of the jail and kept, at
the expense of the county, until lawfully discharged. The committing court may release the
defendant at any time upon payment of the fine and costs.
Subd. 3. Appeal to Court of Appeals. Appeals may be taken to the Court of Appeals in
the manner prescribed by court rule. On appealing, the defendant shall give bond to the city, to
be approved by the court, conditioned that, if the judgment be affirmed in whole or in part, the
defendant will pay the judgment, and all costs and damages awarded against the defendant on the
appeal. In case of affirmance, execution may issue against both defendant and the defendant's
sureties. Upon perfection of the appeal, defendant shall be discharged from custody.
History: 1949 c 119 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5; 1973 c 123 art 2
s 1 subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444; 2005 c 10 art 2 s 4
Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be brought
in the name of the city upon complaint and warrant as in other criminal cases. If the accused be
arrested without a warrant, a written complaint shall thereafter be made, to which the accused
shall be required to plead, and a warrant shall issue thereon. The warrant and all other process in
such cases shall be directed for service to any police officer, process officer, or court officer of any
town or city in the county, to the sheriff of the county, or all of them.
Subd. 2. Form and contents of complaint. It shall be a sufficient pleading of the ordinances
or resolutions of the city to refer to them by section and number or chapter. They shall have the
effect of general laws within the city and need not be given in evidence upon the trial of civil
or criminal actions. Judgment shall be given, if for the plaintiff, for the amount of fine, penalty,
or forfeiture imposed, with costs; and the judgment shall direct that, in default of payment, the
defendant be committed to the county jail for such time, not exceeding 90 days, as the court
shall see fit. The commitment shall state the amount of judgment, the costs, and the period of
commitment. Every person so committed shall be received by the keeper of the jail and kept, at
the expense of the county, until lawfully discharged. The committing court may release the
defendant at any time upon payment of the fine and costs.
Subd. 3. Appeal to Court of Appeals. Appeals may be taken to the Court of Appeals in
the manner prescribed by court rule. On appealing, the defendant shall give bond to the city, to
be approved by the court, conditioned that, if the judgment be affirmed in whole or in part, the
defendant will pay the judgment, and all costs and damages awarded against the defendant on the
appeal. In case of affirmance, execution may issue against both defendant and the defendant's
sureties. Upon perfection of the appeal, defendant shall be discharged from custody.
History: 1949 c 119 s 103; 1953 c 735 s 13; 1955 c 867 s 7; 1973 c 34 s 5; 1973 c 123 art 2
s 1 subd 2; 1976 c 2 s 132; 1983 c 359 s 66; 1984 c 387 s 2; 1986 c 444; 2005 c 10 art 2 s 4
Official Publication of the State of Minnesota
Revisor of Statutes