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--- --- CITY OF NEW BRIGHTON ORDINANCE NO. 704 AN ORDINANCE ADDING A NEW . ARTICLE TO CHAPTER 18 ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES. The city Council of the City of New Brighton, Minnesota. does hereby ordain: I. The City Code 01' the City ot New Bri~hton is hereby amended by adding Article V, Administrative Offenses, to Chapter 18, Offenses, to read as follows: Articie V. Administrative OffAns~ Section 18-60.~. Administrative offense Pl'QJ..edures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and expeditious alternative \0 traditional criminal charge5 tor violations of.t1P'lIll:i"~>'Mlurls:"'lf 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 is 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, 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 will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the Criminal vloiation. . Se.ctlon 18--61. Administrative Offense Qefinag. An administrative offense is a violation of a provision ot this COde and Is SUbject to the administrative penalties set - forth In the schedule of offenses and penaltles referred \0 In Sdon 18--68. hereafter. Section 18-62. tm!ll:e. Arry officer of the New Brighton Department of PUbiic Safety (Pollee) or any other person empioyed by the City, and having authority to enforce this Code, shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a nOtice of the violation. Said . notice shall set forth the nature, date and time of violation. the name of the official issuing the notice, and the amount of the Scheduied penalty. Section 18-63. ~. Once such notice Is given. the alleged violator may, wlth," seven (7) days of the time of issuance of the notice. pay the amount set forth on the SCheduie of penalties for the vioiation, or may request a hearing In Writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the vioiatlon. Section 18-64. f::Iearing. Any person contest,"g an administrative offense pursuant to this Chapter may, within seven (7) days of the lime of Issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an Informal hearing to determine if a vioiation has Occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the VIOlatIon IS sustained by the hearing officer, the violator shall pay the penalty imPOsed. Section 18-65. t1earino Officer. The City ~anager or a City employee designated in wrftfng by the City Manager shall be the hearing oftlcer. The hearing officer Is authorized. to hear and determine. any controversy relating to administrative offenses Provided for in this Chapter. Section 18-66. Failure to P&y. In the event a party charged with an admlni- st~tlve offense fails to pay the penalty, a misdemeanor or petty miSdemeanor charge may be brought against the alleged violator In accordance with applicable statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City for the same violation. Sdon18-61.OillOOl'lllion nf Penalties All penalties COllected pursuant to this Chapter shall be paid \0 the City Finance Director and may be dePOSited in the CIty's general fUnd: Section 18-68. Offenses and Penalties. Offenses Which may be cherged as administrative offenses and the penalties for Such offenses may be established by reSOlution of the City Council from lime to time. Copies of such resolutions shall be maintained in the office of the City Manager. Section 18.69. SUbS90uent Offenses. In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or SUbstantially simller offense, the Subsequent administrative. penalty shall be Increased by twenty-five percent (25%) above the previous administrative penalty except as otherwise stated In the I tine SChedule or by resolution. II. This Ordinance shall be In full force and effect from and after Its passage and publication. . PASSED by the City Council of !he CIty of New Brighton thit; 25th day of March 2003. ' IaI St8ve LeI'lMln Mayor "" .Ie8nne TIvtllI Aut. atyM81Ulg8r ATTEST: IsI 08n M..,. F1118nCe Dll'8CtorlClty Clerk (BvUetin: April 9, 16,20(3)