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<br />§ 5.32.820
<br />ORONO CODE
<br />and both the administrative offenses and the
<br />penalty amount may be amended, from time to
<br />time, by resolution of the city council.
<br />(Code 2003, § 66-251; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013; Ord. No. 244(3rd series), § 2,
<br />4-13-2020)
<br />Sec. 5.32.830. Enforcement.
<br />(a) Any member of the police department or
<br />any other person employed by the city with
<br />authority to enforce this Code may issue
<br />administrative violations under this article.
<br />(b) Notice shall be given to the violator set-
<br />ting forth the nature of the offenses, the date,
<br />time of the violation, the name of the official
<br />issuing the citation and the amount of the
<br />scheduled penalty.
<br />(Code 2003, § 66-252; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013; Ord. No. 244(3rd series), § 2,
<br />4-13-2020)
<br />Sec. 5.32.840. Payment.
<br />Once notice of an administrative violation is
<br />given, the person responsible for the violation
<br />shall, within 14 calendar days of issuance of the
<br />notice, pay the stated violation penalty to the
<br />city. At any time before the payment of the
<br />administrative penalty is due, the person who
<br />has been given notice of an alleged violation may
<br />request to appear before the city council to
<br />contest the request for payment of the penalty.
<br />After a hearing before the council, the council
<br />may determine to withdraw the request for
<br />payment or to renew the request for payment.
<br />Because the payment of the administrative
<br />penalty is voluntary, there shall be no appeal
<br />from the decision of the council. A notice of an
<br />administrative violation does not include code
<br />enforcement letters that warn an individual of
<br />possible criminal, civil, or administrative penal-
<br />ties. Further, any criminal matter must be
<br />adjudicated through the court system, and may
<br />not be appealed to the city council, pursuant to
<br />Minn. Stats. § 412.861, subd. 1.
<br />(Code 2003, § 66-253; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013; Ord. No. 244(3rd series), § 2,
<br />4-13-2020; Ord. No. 253(3rd series), § 2, 2-8-
<br />2021)
<br />Sec. 5.32.850. Failure to pay.
<br />If a violator fails to pay the penalty imposed
<br />by this administrative citation, or the situation
<br />that created the violation remains uncorrected,
<br />the city may issue a petty misdemeanor or
<br />misdemeanor citation for the violation of this
<br />Code. A person convicted of a violation of this
<br />article shall be guilty of a misdemeanor and
<br />punished by a fine of not more than $1,000.00,
<br />imprisonment for a term not exceeding 90 days,
<br />or any combination thereof; provided, however,
<br />that if the violation is declared to be a petty
<br />misdemeanor, the penalty shall be a fine not to
<br />exceed $300.00. Additionally, a person convicted
<br />of a violation of this article shall pay the costs of
<br />prosecution. The city, in its discretion, may bring
<br />criminal charges in the first instance, rather
<br />than requesting the payment of an administra-
<br />tive penalty, even if a penalty for the particular
<br />violation has been established by council resolu-
<br />tion. If the administrative penalty is paid, or if
<br />any requested correction of the situation result-
<br />ing in the violation is completed, no criminal
<br />charges shall be initiated by the city for the
<br />alleged violation.
<br />(Code 2003, § 66-254; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013; Ord. No. 244(3rd series), § 2,
<br />4-13-2020)
<br />Sec. 5.32.860. Disposition of penalties.
<br />All penalties collected shall be paid over to the
<br />finance director and deposited in the general
<br />fund.
<br />(Code 2003, § 66-255; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013)
<br />Sec. 5.32.870. Effective date.
<br />This article shall be effective as of January 1,
<br />2014.
<br />(Code 2003, § 66-256; Ord. No. 121(3rd series),
<br />§ 1, 12-9-2013)
<br />Division 2. Specific Offenses
<br />Sec. 5.32.910. State provisions adopted.
<br />(a) The regulatory provisions of Minn. Stats.
<br />chs. 169 and 171, together with all amendments
<br />thereto, are hereby adopted as a traffic code
<br />CD5:70
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