09.02 - Administrative Fines - Laserfiche WebLink

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= STATE OF MINNESOTA s p_ OFFICE OF THE ATTORNEY GENERAL SUM)am "s mmNPSum YntEET NUKE BATCH ENM December 1,2003 0 55101z91 .�oco ATTORNEY t;F7�FrinL The Honorable Steve Smith State Representative Minnesota House of Representatives 2710 Clare Lane Mound,MN 55364 Dear Representative Smith: Thank you for your correspondence of October 30,2003 coneeming the legality of certain municipal programs which impose administrative penalties upon persons violating state laws and local ordinances. FACTS AND BACKGROUND You provided with your letter examples of city ordinances and explanatory materials from both home-rule and statutory cities describing "administrative offense" procedures established by those cities. Most of the procedures are similar.in several respects: 1. They are intended to provide an "informal, cost-effective and expeditious alternatives"to traditional prosecutions for certain minor offenses. 2. The covered offenses include violations of the state traffic code (Minn. Stay. Ch. 169) and conforming local ordinances, other statutory offenses such as illegal fireworks (Minn. Stax Ch.524), disturbing the peace (Minn. Stat. § 609.72) and shoplifting (Miral. Stat § 609.52), and conduct regulated solely by local ordinances such as curfew violations, failmre to mow lawns and alcohol consumption in public parks. 3. They purport to be "voluntary" in that persons charged can elect to be prosecuted under the nomial misdemeanor or petty misdemeanor process instead. 4. Ibey include a schedule of monetary penalties for specified offenses. The penalties are often lower than those normally imposed by courts for similar offenses. 5. All money collected as administrative penalties is retained by the city. TrY:(651)282-2525-Toll Free Lin«;(900)657-3787 Noise)-(900)3664812(TTY)•wwA&=0a m-= An E9Ual OPPornmitY Employer Who Vsh—OMMery a4-,yti C)Bitted on 5096 recycled papa(15%Foss consumer ccateot)