09.02 - Administrative Fines - Laserfiche WebLink

Home Browse Search

The Xonorabla Stevie Smith December 1,2003 Page 4 Mangold Midwest Co. v. Village of Richfield, 274 Minn. 347, 352, 143 N.W2d 813, 816-17 (1966)(citations omitted). In evaluating whether an area of law has been preempted by the legislature, the courts will consider: (1)the subject matter regulated, (2)whether the subject matter is so fully covered by stau law that it has became solely a matter of state cancers;(3)whether any partial legislation on the subject matter evinces an intent to treat the subject matter as being solely a state concern; and(4)whether the nature of the subject matter is such that local regulation will have an adverse effect on the general state popubation- See Mangold Midwest at 359,243 N.W.2d 813,820. Third, both statutory and charter cities have substantial authority to enact regulatory ordinances, see, e.g., Minn. Stat. §412.221 (2002), and to fix penalties for violations.-See,e.g., Minn,Star §412.231 (2002),which provides: The council shall have the power to declare that the violation,of any ordinance shall be a penal offense and to prescribe penalties therefore. No such penalty shall exceed a fine of$700 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. Fourth, the legislature has,however,prescnbed in detail the procedures for prosecution of penal offenses. For example,Minn Stat. §487.25,subd. l (2002)states_ Subdivision 1. General. Except as.otherwise provided in sections 487.01 to 4417.38 but subject to the provisions of section 480.059 [Supreme Court authorized to promulgate rules governing criminal procedurej,pleading,practice, procedure, and forms in actions or proceedings charging violation of a criminal law or a municipal ordinance, charter provision, or rule are governed by the rules of criminal procedure_ (Emphasis added). Subdivision 10 of that section allocates the authority and responsibility for prosecution of various offenses. In general, city ordinance violations,petty misdemeanors, and misdemeanors occurring witbin a city must be prosecuted by city attorneys, while felonies and most gross misdemeanors must be prosecuted by county attorneys. Minn. Staff. § 487.25, subd. 10(2002). With the above principles in mind,we tum your specific questions. I. Given the extent and detail of legislation addressing statutory criminal offenses and prosecution procedures set forth in Minn. Stat.chs. 169 and 609 tbrough 634, it is clear that the stare has preempted the field with respect to the offenses and procedures defined in those statutes. Consequently,while cities are empowered to regulate conduct in areas of local interest and to supplement statutory regulations in many areas, cf., Hannan v. City of Minneapolis, 623 N.W.2d 281 (Minn. Ct. App.2001),they may not,in our view,redefine the nature or level of