HomeMy WebLinkAboutResolution No. 479-09 79
• RESOLUTION
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC
OFFENSES PURSUANT TO MINN. STAT. § 169.999
WHEREAS, the City Rochester is authorized to provide for the issuance of
administrative citations for specific traffic offenses designated at Minn. Stat. § 169.999, subd.
1(b)(1), (2) and (3), in the amount designated at Minn. Stat. §169.999, subd. 5, as it may be
amended from time to time; and
WHEREAS, the authority to issue administrative traffic citations authorized by this
resolution is reserved by law exclusively to licensed peace officers; and
WHEREAS, City peace officers may not issue administrative traffic citations in violation
of Minn. Stat. §169.999; and
WHEREAS, the City is required to notify a recipient of an administrative traffic citation of
his or her right to contest the citation and to appoint a neutral third party to hear and rule on
challenges to administrative traffic citations authorized by this resolution; and
WHEREAS, Minn. Stat. §169.999 contains numerous requirements related to the
issuance of administrative traffic citations including but not limited to prescribing a uniform
0traffic citation form, use and sharing of fine revenues, and other administrative measures.
BE IT RESOLVED by the Common Council of the City of Rochester as follows:
1) The City hereby authorizes the issuance of administrative citations for traffic
offenses designated at Minn. Stat. § 169.999, subd. 1(b)(1), (2) and (3), as it
may be amended from time to time;
2) The City hereby sets the fine for committing an administrative traffic violation
designated by Minn. Stat. §169.999 and this resolution at the amount designated
by Minn. Stat. §169.999, subd. 5, as it may be amended from time to time;
3) The City hereby directs that only licensed City peace officers may issue
administrative traffic citations authorized by this resolution;
4) The City hereby directs that no City peace officer may issue an administrative
traffic citation in violation of Minn. Stat. §169.999;
5) The City hereby directs that no administrative traffic citation authorized by this
resolution may be issued to a holder of a commercial driver's license or the
driver of a commercial vehicle in which the administrative violation was
committed;
6) The City hereby directs the appointment of a neutral third party to hear and rule
on challenges to administrative traffic citations authorized by this resolution.
Such appointment may be renewed annually at the first meeting of the year as
all other Council appointments, or more immediately as the Council directs, in its
sole, reasonable discretion;
7) The City hereby adopts the uniform administrative traffic citation form prescribed
by the Commissioner of Public Safety;
8) The City hereby authorizes City staff to create materials as necessary to
supplement the uniform administrative traffic citation to provide recipients of an
administrative traffic citation with information related, but not limited to, the
recipient's right to challenge the citation; the City's process for handling
challenges to administrative traffic citations; the location, dates, and times
designated to hear traffic citation challenges; the process for paying a traffic
citation; and the effect of an administrative traffic citation on a recipient's driving
record; and
9) City staff is hereby directed to inform the Commissioner of Public Safety of the
passage of this resolution;
10) City staff is hereby directed to separately account for administrative, traffic
citations authorized by this resolution in City financial reports, summaries, and
audits in keeping with common accounting practices and standards;
11) City staff is hereby directed to designate a special fund for the portion of
administrative traffic fines that must be spent on law enforcement purposes, in
keeping with common accounting practice and standards, and to report annually,
or as otherwise directed by Council, to the City Council on said fund.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS Z0J D OF 2(Y1 — , 2009.
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ATTEST: PRESIDENT OF SAID COMMON COUNCIL
�' C���/.�..C/l� _
CITY CLERK
APPROVED THIS t3Rd DAY OF I1 OLn'Y)bClL_ , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res051Adopt.Adm in Fine