09-27-2006 Council Agenda - Laserfiche WebLink

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The 1- lonorablo Sty..c Smith Minnesota House of Representatives October 2, 2003 Page 7 We believe that charter cities could, through their charter have the ability to regulate quality of life crimes. These would include enforcing thing] like littering, land use issues, and noise limits. However, charter cities could not issue penalties for issues that the State already regulates. Although charter cities can probably issue administrative penalties for quality of life issues, any such system would have to be voluntary on the part or the citizens. It appears that under the Minnesota Constitution, a charter city may not h ve the authority to enforce an administrative penalty because it would not have been heard by t$e courts. My office has also spoken with some charter cities who ar administrative fines and procedures for these quality of life have kept track of administrative tickets and fines; and criminal proceedings. If requested by your committee, information to assist you in considering this issue next session. Statutory Cities In contrast to charter cities, statutory cites are only allowed t been granted to them by the legislature as well as their example, the legislature has granted statutory cities the powe areas it regulates through licenses, such as tobacco and liquor sal Statutory cities could be given the authority to issue admini life violations by the legislature. However, because it does currently have the express or implied authority to issue such obtain legislative authority before proceeding with any such actio My office has not done in -depth research to detemiine the umber of statutory cities with administrative penalty provisions, or the amount of fees co lected by them. However, if your committee requested, my office could obtain that information. using, or planning on using, issues. Some of these cities an compare those for State ty office could obtain more exercise the powers that have general police power.30 For to issue fines in some of the s to minors.31 trative penalties for quality of rot appear that statutory cities penalties, they would need to Counties Counties, like statutory cities, are also limited in their abil ty to regulate. Counties only have those powers that have been expressly granted to them by the legislature.32 The legislature has been very specific as to what powers it gran to counties, For example, in the area of environmental concerns, the legislature has grant4:d the counties the powers to: 70 Thomas v. /dousing and Redev. Arh., 234 Minn. 221,48 N.W.2d 175.192 (1951). See Minn. Stat. § 461.12, subd. 2 (2002). 3 See Kasch v. Clearwater County. 289 N.W.2d 148, 151 (Minn. 19 0)(4-Counties do not exist exclusively for bcn..5r, of their citizens but, as subsrdinatc agencies of state, are responsible for exercising some of its l'unctiot,'): In re Boat ::? County O. c:17f'r5, 146 Mir 103. 177 N. t,V. 1013, 1014 (1920)(Counties have only such powers as th .::!s: ssly granted by statute : se implicJ as necessary to the exercise of the powers so granted). -22