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<br />183 University Ave. E., St. Paul, MN 55101-2526 (61?) 227-5600_ <br /> ---------- F- <br /> " <br /> July 3-0, 1987 <br /> TO: Mayors, Managers, and Clerks <br /> FROM: Joel Jamnik, Legislative Counsel <br /> RE: New laws effective August 1, 1987, other issues. <br /> Several laws of importance to cities will go into effect on <br /> Saturday, August l. Additionally, city officials should be <br /> familiar with several other items which have developed this summer. <br />( Enforcement of Ordinances, Codes, etc. <br /> Your city's police chief has already received notice of the effect <br />. of Chapter 334, 1987 Session Laws, which is commonly referred to as <br /> the unauthorized practice legislation. The League has also <br /> provided a detailed summary of the new law in our annual summary in <br /> the July issue of Minnesota Cities. <br /> One section of the new law, effective August 1, 1987, deserves <br /> special attention. That section provides that, except as <br /> specifically provided by statute, only a peace officer, constable, <br /> or part-time peace officer may: <br /> 1 ) issue a citation in lieu of arrest or continued <br /> detention unless specifically authorized by ordinance; <br /> 2 ) ask a per s.on receiving a citation to give a written r::' ; <br /> promise to appear in court; or <br /> 3 ) take a person into custody. <br /> Many cities have authorized non-peace officer licensed employees to <br /> issue citations for building, fire, and housing code violations, <br /> animal and noise control ordinances, and zoning and other land use <br /> ordinances, among others. Under the new law, the city must now <br /> make this authorization explicit~ Cities which rail to amend <br /> ~articular enforcement sections in their ordinances or to adopt a <br />( {broader ordinance granting citation writing authority to non-peace <br /> ~ficer licensed employees run the risk of having these citations <br /> dismissed in court. The dismissal would not prohibit re-filing the <br />. charges, but would make enforcement more costly and burdensome. In <br /> the meantime, to be on the safe side, cities can have their <br /> licensed peace officers write citations for ordinance and statute <br /> violations. The League urges city officials to discuss this issue <br /> with their city attorney and police chief. <br /> ,_, ;.......~..._;..:..,..#;.~d~.;;;:~.,."i':,..,........__',.,_..... _ <br />