09-27-2006 Council Agenda - Laserfiche WebLink

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No Seatbelt $103 $40 Child Restraint $103 $40 Expired Tabs /Plates $ 98 $40 Tab Missing /Plates $ 98 $40 Parking Violations varies $25 Some of the benefits other cities have claimed as the result of an administrative offense ordinance include: • A more streamlined process for minor traffic violations. • Administrative penalties are lower than those imposed by the court systems and there is no impact to a violator's traffic record. • All penalty revenue would be retained by the City • Lessen impact of minor traffic violations on the court system. (In our case, this may not be true as the offenses we are considering have not been cited to any great degree in the past. • Reduces Sheriff's deputies "court time" requirements which often take deputies off the streets. • Provides greater latitude to an officer to address problems areas (i.e. speeding that is less than 10 miles per hour over the limit). It should be noted that the Attorney General and the State Auditor have raised concerns about the use of administrative citations, particularly as they relate to traffic violations covered in state statute. As noted in the attached letters from the Attorney General's Office and State Auditor's Office, they conclude that cities do not have the authority to impose administrative penalties on traffic violations covered by State law. Cities have more latitude with administrative penalties for local regulations such as alcohol and tobacco compliance checks, nuisance code violations, and overnight parking restrictions. (By copy of this memo, staff is asking the City Attorney to review this information and to comment on this issue.) Despite the concerns of the Attorney General's office and State Auditor's office dating back to the 2003 letters, the legislature has not adopted any rules pertaining to administrative offense ordinances. Some cities are continuing to use administrative citations even for minor traffic violations. However, a number of cities have stopped using administrative citations for traffic violations covered by State statute. (That is why we have limited its usage to those areas where citations were not readily issued in the past.) Staff is seeking feedback from the Council regarding the possible use of administrative citations for limited traffic violations. The other contract cities are also discussing this with their city councils to hopefully reach a consensus on whether to move forward with an ad; iinistrative 0' :L nse ordinance. -2