09.02 - Administrative Fines - Laserfiche WebLink

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The Honorable Steve Smith December 1,2003 Page 5 criminal offenses as specified by statute or modify statutory procedures for enforcement or penalties for an offense. Further, as you know, city councils arc not normally authorized to direct the conduct of county or state law enforcement officers. It is not consistent with state public policy for a public official to direct or urge that city peace officers not enforce the law of the state to the best of their judgment and ability. In addition, while law enforcement officials and prosecutors exercise substantial discretion in malang arrest and charging decisions,those decisions should be made on a case-by-case basis in terms of factors pertaining to the evidence, the culpability of the offender and the nature of the offense rather than, for example, the offender's willingness to make a payment directly to the city. 2. In the specific case of traffic offenses, the legislature has plainly preempted the field of enforcement. Minn.Stat- § 169.022(2002)provides: The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall 'enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorised herein. Local authorities `.. may adopt traffic regulations which are not in conflict with the provisions of this chapter, provided, that when any local ordinance regulating traffic covers the same subject for which a penalty is provided for in this chapter,then the penalty provided for violation of said local ordinance shall be identical with the penalty provided for in this chapter for the same offense. In State v. Hoben, 256 Minn, 436, 98 N.W.2d 813 (1959), the court affirmed the preemptive nature of state statutes in this area follows: The fact that the municipality is given authority to adopt such an ordinance does not change Om nature and quality of the offense. As we interpret § 169.03,it was the intention of the legislature that the application of its provisions should be uniform throughout the state both as to penalties and procedures, and requires a municipality to utilize state criminal. procedure in the prosecution of the act covered by § 169.03. It would be a strange anomaly for the legislature to define a crime, specify punishment therefore,provide that its application shall be unifonn throughout the state, and then permit a municipality to prosecute that crime as a civil offense. Id. at 444, 98 N.W.2d at 819. See also Minn. Stat. §§ 169.91 and 169.99 (20Q2) which specify the procedures to be followed by peace officers in connection with arrest of traffic violators, and the uniform form of traffic ticket,having the effect of a summons and complaint, which must be used by all peace officers. Consequently, while cities are granted specific authority to exercise