CCP 02-10-1997 - Laserfiche WebLink

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I' ~e Subd. 4 Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, I whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the I person. Section 1200 Violations and Penalties.. Upon discovery of a suspected violation, the violator I shall be issued a citation by the city police and given notice of his or her right to be heard on the accusation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Any person found to be in violation of this ordinance shall be I guilty of a misdemeanor and shall be subject to the maximum penalty authorized by State law for a misdemeanor. (Note: The city may wish to consider adopting a graduated penalty scale it would like to see the court impose.) As an alternative to a misdemeanor prosecution, the city . may offer the accused violator a chance to pay an administrative fine as provided in the fine schedule adopted and amended from time to time by the council. (l"!ote: If the city elects to I follow an administrative penalty option, it needs to establish a fine schedule providing for increasing fees for each subsequent offense, and for multiple offenses within a set period of time. For example, $100 for the first offense, $200 for the second offense, $300 for the third offense, I etc. and an additional $50 if a subsequent offense occurs within 12 months (or other set period of time as city determines) of the previous offense, or an additional $100 ifit occurs within 6 months of the previous violation (or other set period of time). Some cities have raised questions .. about a city's authority to impose administrative penalties, but as of the time this ordinance was prepared, they appear to be justified and defendable, and those cities using them are reporting great success and satisfaction. No court has specifically ruled on the issue of administrative fines I in regard to city ordinances, but the risk of challenge appears minimal.] If the accused violator accepts the administrative option, he or she may pay the fine to the city clerk-treasurer mote: List the appropriate office in your city) or he or she may within ten days mote: City should I provide at least a ten day period) of the notice, request an administrative hearing before the councilor authorized hearing officer designated by the council. If after the hearing the person is I found to be in violation ofthis ordinance, he or she shall be ordered to pay the fine. If a violator elects to pay the fine, or if he or she is acquitted of the violation by the hearing officer, he or she shall not be subject to misdemeanor prosecution for violation of the ordinance. If the violator I fails to pay the fine within ninety days following the hearing, or ninety days following the last day to request a hearing when a hearing has not been requested, the city may vacate the civil action and proceed with the misdemeanor prosecution. At any time the accused violator may I abandon his or her request to pursue the administrative penalty and elect to have his or her case heard in court under the misdemeanor prosecution. The city shall also have the right to refuse to offer the administrative penalty and instead proceed directly with the misdemeanor prosecution I for a particular offense. eN ote: A city should document the reasons why the administrative option is or is not offered in order to defend against challenges of discriminatory, arbitrary, and capricious enforcement.) In addition to any fine or other penalty, whether administrative, civil, I or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the suspension or revocation of the license. (Note: City is encouraged to establish a scale of ,. increasing suspension for each early violation, and revocation after multiple violations such as three or four, or some amount within in a set period of time.) Before any license is suspended or I