09-27-2006 Council Agenda - Laserfiche WebLink

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Iko I- Ionorable gietva Senid, Minnesota House of Representatives October 2, 2003 Page 6 Concerns Penalties Reoardina the Limited Authors of Munici.a ities to Issue Administrative Although a municipality cannot regulate traffic violations with administrative penalties, it appears that some municipalities may be able to issue admin strative penalties for quality of life issues such as violations of park rules, and property up<eep ordinances. Such use of administrative penalties for these issues currently appears to .e limited to charter cities and charter counties. Statutory cities and counties would need to request this authority from the legislature to implement similar programs. It appears that most municipalities recognize that there are o ly a few instances where they have express authority to issue administrative penalties. F r example, municipalities can issue administrative penalties for tobacco sales to minors 24 However, some cities claim that the ability to enforce such penalties through a city run Baring is inherently authorized through a city's power to adopt an ordinance and pr vide penalties for ordinance violations.25 Cities only have those powers that have been expressly grant'd to them by the legislature26 Cities are limited to regulating areas that are approved by th legislature. While it appears clear that cities have the authority to pass ordinances setting penalties where the legislature has determined it appropriate, there appear to be no authori y for a city to adjudicate the penalties. When interpreting and applying an ordinance, t}�}}- interpretation of the existing ordinance and the manner in which the ordinance should be applied to the facts are issues for the court to determine27 Charter Cities Charter cities may have more leeway than statutory sties in issuing administrative penalties. Charter cities can exercise any power contained i their locally adopted charter, as long as it does not conflict with State laws.`s This lar e; grant of power that usually comes with a charter, may allow a charter city to is e administrative penalties for ordinance violations where a statutory city could not. How ver, charter cities would need to be careful to deal only in areas that would not conflict with Sta e Iaw,29 2a See Minn. Stat. § 461.12, subd. 2 (2002). 25 See Minn. Stat. § 412.231 (2002)(authorizes a city council to decl.,rc a city ordinance violation to be a penal offense and to prescribe.penalties for the violation up to $700 in flies or 90 days in jail, or both). 26 Thomas v Housing and Redev. Auth, 234 Minn. 221, 48 N.W.21 175, 192 (1951)(Cities are political subdivisions of the state created as a convenient agency for the exercise DI such governmental powers as may be entrusted to it). However, municipalities are vested with general olice powers to preserve the public health and comfort. City of SI Pauly. Se Paul City Ry, 114 Minn. 250, 13 N.W 1108, 1109 (1911). 2' See 56 Am Jur 2d Municipal Corporations § 344. See also SLS 'artnership, Apple Valley v. City of Apple Valley, 511 N.W.2d 738. 741 (Minn. 1994). 25 See Minn. Slat. § 410.04 (2002). See also Columbia Heights Retie Assn v. City of Columbia Heights, 305 Minn. 399, 233 N.W.2d 760 (1975). 29 For this reason, it appears that even , cities may not enforce t r,'rd;ons usrrg, administrate• penalty procedures. -21-