January 5, 2005
AN ORDINANCE TO AMEND
THE CODE OF THE CITY OF
The City of Winona does ordain:
Section 1. That the City Code of Winona, Minnesota, 1979, be amended by adding thereto the following:
(a) Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the City of Winona with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain City Code and State Law provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as provided for hereafter, the individual may withdraw from participation in the procedures, in which event the City may bring criminal charges in accordance with law. Likewise, the City of Winona in its discretion may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty which may be imposed, the City of Winona will seek to collect the costs of the administrative offense procedure as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
(b) Administrative Offense Defined. An administrative offense is a violation of a provision of the City Code or State Law and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in subsection (h). An administrative offense is not a crime.
(c) Notice. The following employees of the City shall have the authority to issue notices for administrative offenses:
(i) the officers of the Winona Police Department, the Animal Control Officer, and the Parking Control Officer;
(ii) the Fire Chief, Assistant Fire Chief/Fire Marshal, the Lieutenants and Fire Inspector of the Winona Fire Department;
(iii) the City Planner, Building Official, Building Inspector and Housing Inspector of the Community Development Department; and
(iv) the Public Works Director, the Street Superintendent and the Assistant Street Superintendent.
Upon determining that there has been a violation, a notice shall be given to the violator, or in the case of a vehicular violation, a notice of the violation may be attached to the vehicle. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
(d) Payment. Once such notice is given, the alleged violator may, within Seven (7) days of the time of issuance of the notice, pay the full amount set forth on the schedule of penalties for the violation. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
(e) Court Appearance Request. Any person contesting an administrative offense pursuant to this section may, within Seven (7) days of the time of the issuance of the notice, request a court appearance. A person requesting a court appearance will be issued a citation/summons for the violation and a court date will be set. The administrative offense procedure will then terminate.
(f) Failure to Pay. In the event a party charged with an administrative offense fails to pay the penalty within Seven (7) days, or request a court appearance within Seven (7) days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable city ordinances or state statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the administrative offense procedure shall terminate. If the penalty is paid in full within Seven (7) days, no similar charge may be brought by the City of Winona for the same incident.
(g) Disposition of Penalties. All penalties collected pursuant to this section shall be paid to the City of Winona and deposited into the City's General Fund.
(h) Offenses and Penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses shall be established by resolution by the Winona City Council. "
Section 2. That this ordinance shall take effect upon its publication.
Dated this 3rd day of January, 2005. Jerome S. Miller Mayor
Monica Hennessy Mohan