09-27-2006 Council Agenda - Laserfiche WebLink

Home Browse Search

The ITonarahl.o 9Lave Smith December 1, 2003 Page 4 Mangold Midwest Ca. v. fIIage of Richfield, 274 Minn. 34 (1966) (citations omitted). 352, 143 N.W2d 813. 816-17 In evaluating whether au area of law has been prccm4ted by the legislature, the courts will consider: (1) the subject matter regulated; (2) whether the subject matter is so fully covered by state law that it has become solely a matter of state coned, (3) whetd cr any partial legislation an the subject matter evinces an intent to treat the subject er as being solely a state concern; nature. • (4) whether the natu of the subject matter is such that loclai regulation will have an adverse effect on the general state population. Sec Mangold Midwest 358, 243 N.W 2d 813, 820. Third, both statutory and charter cities have subs al authority to enact regulatory ordinances, see, a -g., Mina Stat. § 412.221 (2002), and to fix f eialtics for violations, - See, e.g., Minn. Stat. § 412231 (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 excctxl a fine of S700 or imprisonment in a city or co ty jail for a period of 90 days, or both, but in either cast the costs of prosecution may be added. Fourth, the legislature has, however, prescribed in dotal the procedures for prosecution of penal offenses. For example, Minn. Stat § 48725, subd. 1. (20)2) states: Subdivision 1. General. .Except as otherwise pro al in sections 47,01 to 487.38 but subject to the provisions of section 380.059 [Supreme Court authorized to promulgate rules governing criminal procedure . pleading, practice, procedure, and forms in actions or prongs charging violation of a criminal law or d municipal ordirtMee, chatter provision, or rul are governed by the rules of crctu uz1 procedure. (Emphasis added). Subdivision 10 of that section allocates the authority and responsibility for prosecution of various offenses. In general, city ordinance vi lations, petty misdemeanors, and misdemeanors occurring within a city must be prosecuted try city attorneys, while felonies and most gross misdemeanors must be prosecuted by county rncys. Mine State § 487.25, subd. 10 (2002). With the above principles in mind, we turn your spocif questions I. Given the extent and detail of legislation ad essing statutory criminal offenses and secution procedures set forth in INeLde Stat. chs. 169 d 609 through 634, it is clear that the state has preempted the field with respect to the offeasek and procedures defined in those statutes. Consequently, while cities are empowered to regulatl conduct in areas of local interst and to supplement statutory regulations m many areas, cf., Hannan v. City of Minneapolis, 623 N W.2d 281 (Mixer. Ct. App. 2001), they may not, in our viow, redefine the nature or level of - 1 2 -