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MIK'.E. HATCH <br />ArNwiEY Q' +CALL <br />STATE OF MINNESOTA <br />OFFICE OF THE ATTORNEY GENERIL <br />The Honorable Steve Smith <br />State Representative <br />Minnesota House of Represcmtatives <br />2710 Clare Lane <br />Mound, MN 55364 <br />December 1, 2003 <br />SOME )em <br />445 WNNtSOTAS1aEET <br />ST, PAUL MN 5510I-2134 <br />'f£tpgoke (&51) 24),20ao <br />Dear Representative Smith_ <br />Thank you for your correspondence of October 30, 200 '. concerning the legality of certain <br />municipal programs which impose administrative penalthz upon persons violating state laws and <br />local ordinances. <br />FACTS AND BACKGROUND <br />You provided with your letter examples of city ordinances and explanatory materials <br />from both home-rule and statutory cities describing "administrative offense" procedures <br />established by those cities. <br />An Bias( Oppen . <br />Most of tho procedures are similar in ,c-n respects: <br />1. They are intended to provide an "informal, cost - effective and expeditious <br />alternatives" to traditional prosecutions for c in minor offenses. <br />2. The coveted offenses include violations of e state traffic code avribn Stat. <br />Ch. 169) and conforming local ordinances, oth statutory offenses such as illegal <br />fireworks (Minn. Star Ch. 524), disturbing the peace (Minn_ Stat. § 60932) and <br />shoplifting (Minn. Stat § 609.52), and co duct regulated solely by local <br />ordinances such as curfew violations, faihire to mow lawns and alcohol <br />consumption in public parks. <br />3. They purport to be `voluntary" in that persons can elect to be prosecuted <br />under the normal misdemeanor or petty Tulsa or process instead. <br />4. Troy include a schedule of monetary pees for specified offenses. The <br />penalties are often lower than those norrnalljy imposed by courts for similar <br />offenses. <br />5. All money cella:ted as administrative penalties is retained by the city. <br />TTY: 0;51) 21:7 -2575 • Tall 5ta Liner. (8001657-37D (VOrs) • (800) 3 f424l 12 CITY) • r a-v ar arc ma, as <br />.I loya Wto 'vnluu Dlvashy <br />-9 <br />PtIn¢d an SO b zgyclz4 paps • vz uax xx cvt) <br />