Laserfiche WebLink
The Honorable Strom Smith <br />Minnesota House of Representatives <br />October 2, 2003 <br />Page 12 <br />If any city or county does hold its own administrative hear <br />hearing officer. A municipal employee would not seem to <br />because the employee would have some interest in the o <br />municipalities would have to hire outside independent neutr <br />charter cities use an independent hearing officer who can 1 <br />or find that no penalty is appropriate. <br />Current Use of Administrative Penalties <br />My office has become aware of some municipalities that <br />issuing administrative penalties and holding hearings for loc <br />example, the City of Minnetonka currently has an adminis <br />Minnetonka's system issues citations for offenses such as vi <br />regulations ($25 fine), curfew, and alcohol in parks ($50 fi <br />parks, and destroying vegetation in parks ($100 fine). Fin <br />"significantly endangered life or property or involved <br />Minnetonka's fines double for repeat violations within 24 months <br />Minnetonka allows for an administrative hearing before a h <br />chosen by the City Clerk off a list of Iawyers56 The he <br />appealed to the city council for administrative review.' <br />judicial review of the decision of the hearing officer or the <br />state Iavv.ss <br />g. it should have an impartial <br />be an impartial hearing officer <br />tcome of the case. Rather, <br />Is to hear the cases. Some <br />wer the administrative penalty <br />are, without express authority, <br />1 ordinance violations.55 For. <br />tive penalty system in place. <br />lation of park rules or animal <br />), and killing wild animals in <br />'s are $200 for violations that <br />critical unsafe conditions." <br />aring officer, who is randomly <br />g officer's decision may be <br />aggrieved party may obtain <br />ity Council in accordance with <br />Minneapolis has recently approved a pilot prograrn aimed a <br />The Minneapolis program will issue citations for nuisance <br />loitering, possession of drug paraphernalia, graffiti, lift <br />urination, lurking, boom cars, minor consumption, possessio <br />alcohol in public, and liquor in the park G0 Fines would <br />citations to $640 - $1,920 for fourth citations.61 <br />controlling livability crimes.69 <br />rimes including such things as <br />g, begging/panhandling, public <br />of an open bottle, consuming <br />range from $80 -$240 for first <br />Similar administrative penalty plans have been establisi ed White Bear Lake, New <br />Brighton, Woodbury, Mounds View, Fergus Falls, i imball, Avon, Little Falls, <br />55 See Pioneer Press "New Brighton: City turns to tickets for reven ic" (July 20, 2003); Al' "Some cities <br />switch to local citations to rake more money" (July 20, 2003): Minneso a Public Radio "Fine tight' (July 21, <br />2003). <br />56 <br />55 <br />59 <br />00 <br />Minnetonka City Ordinance Section 1300.06. <br />See id. at Section 1300.07. <br />Id. at 1300.08. The ordinances do not specify what statutes would g <br />Pioneer Press "Test aims at nuisance crimes" (September 27, 2003). <br />Minneapolis "Report to Public Safety and Regulatory Scrvices =mince on Nuisance Night Court <br />Proposal.' September 17, 2003 at fri. 4. (found at http://www.ci.minneapo s.mn.us). <br />b1 Id. etp.5. <br />vern such an appeal. <br />- 2 7 - <br />