Agenda Packets - 2002/10/07 (2) - Laserfiche WebLink

Home Browse Search

Item No.4 Type of Business: WS WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Expansion of the Scope of Administrative Offenses Date of Report: October 7, 2002 NATURE OF REPORT: At the September 3, 2002 City Council Work Session there was discussion as to the viability of expanding the scope of administrative offenses to include minor moving traffic offenses such as speeding, stop sign violations, etc. City Code currently adopts by reference Chapters 169, 168 and 171 of Minnesota Statute relating to traffic law. On the surface it appeared that in order to expand the application of administrative violations into the area of some minor moving traffic offenses, all that remained to be done was to establish a penalty (fine amount), and determine which offenses within these chapters the expansion would be applied to. Council directed staff to contact other communities in Ramsey County that utilize administrative offenses and ascertain what level of application they exercise, and obtain some examples of penalties they impose. Staff contacted White Bear Lake and Roseville, the only other communities known to use administrative offenses for a scope of violations beyond what Mounds View currently addresses. Roseville has expanded their administrative offenses to include, in addition to non-moving traffic violations, a few minor alcohol offenses. Our code does not adopt or reference that section of Minnesota Statute, so Roseville’s application did not apply to what Mounds View is considering. White Bear Lake has expanded their administrative offenses to include, in addition to some non-moving traffic violations, violations of MS 169.14, which is the Basic Speed Law. Violations of this section are assessed a flat penalty of $40.00 under WBL’s code. I spoke with the city attorney on the matter and he brought up a few possible concerns. This subject was explored about three years ago, at which time the following issues were raised: 1) Moving violations of Minnesota traffic law are addressed through the county court system to help ensure due process is afforded to violators. 2) The courts have been resistant to cities expanding the scope of administrative violations due to the diversion of revenue away from the court system. 3) Mounds View City Charter does not grant authority for administrative violations. The opinion of the city attorney seemed to be that expanding administrative offenses to include violations of minor traffic law could probably be done until such time that someone challenged the process in court. If and when that challenge were to occur, there would then be a possibility that this practice would be ordered to cease. RECOMMENDATION: Staff recommends that the City Council consider the information provided above, and give further direction as to their wishes for implementing expansion of the scope of administrative offenses to include minor moving traffic violations. Respectfully submitted, _____________________ Tim Brennan Deputy Police Chief/Acting Chief