04/12/1999 Council Packet - Laserfiche WebLink

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Hearings: If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Hearing Officer: The city council shall serve as the hearing officer. (The city council may appoint an independent hearing officer). Decision: If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Appeals: Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City of Lino Lakes. Misdemeanor Prosecution: Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Continued Violation: Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section XIII. Penalties: Minors: Any person under the age of 18 who attempts to purchase tobacco, tobacco products, or tobacco related devices may incur administrative penalties as follows: A. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. B. Second Violation Within 24 Months: The city council may impose a civil penalty not to exceed $75 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. C. Third Violation Within 24 Months: The city council may impose a civil penalty not to exceed $100 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service. Individuals: Any person who purchases or provides tobacco, tobacco products, or tobacco related devices for a person under the age of 18 may incur administrative penalties as follows: D. First Violation: The city council may impose a civil penalty not to exceed $50 And/or require the person to attend tobacco related education classes, and/or participate in a diversion program and/or complete community service.