HomeMy WebLinkAbout1B, Administrative Fines for Traffic OffensesMEMORANDUM
DATE: December 21, 2009 Item 1.B
TO: Mayor and City Council
FROM: Ron Moorse, City Administrator
SUBJECT: Administrative Fines for Traffic Offenses
Backiround
State Statute enables cities to put in place a program of administrative fines for certain traffic
offenses. Attached is a packet of information from the League of Minnesota Cites regarding
implementing administrative fines for traffic offenses. The key elements of the administrative
fine program are as follows:
1. An administrative traffic citation can be issued for three violations
a. Violation of the speed limit by less than 10 miles per hour
b. Failure to obey a stop line
c. Operation of a vehicle with a cracked windshield or other specific equipment
violation
2. The fine for an administrative traffic citation is $60.00; of which $20.00 goes to the City,
$20.00 goes to the County, and $20.00 goes to the State:. (The fine for a regular speeding
citation for less than 10 miles over the limit is $121.0,0; of which $20.00 goes to the City,
$20.00 goes to the County, and $81.00 goes to the state.)
3. The City must provide an appeal process using a neutral third party hearing officer
The cities that participate in the cooperative police services arrangement with the Ramsey
County Sheriffs Department have discussed the administrative fine option with the Sheriffs
Department. The Sheriffs Department believes the administrative fine process would be a
beneficial tool, particularly for speed enforcement. Administrative fines can be used when a
vehicle exceeds the speed limit by less than 10 miles per hour. This is particularly beneficial in
areas with lower speed limits, such as 30, 35, or 40 miles per hour, which include the City' s
residential areas.
12/17/2009
Page 2
The program is not being implemented as a revenue generator, and is not anticipated to generate
significant revenue. The purpose of the program is to provide the ability to enforce the speed
limit when drivers are less than ten miles over the limit, and to do so with a fine amount that
provides the same amount of revenue to the City, but costs the driver less due to the substantially
lower State surcharge. The program would be monitored regarding its effectiveness, both in
terms of speed enforcement and in terms of costs vs. revenues.
The City Attorney for the City of Little Canada and White Bear Township has prepared a sample
resolution, a sample ordinance, and a sample letter to the Commissioner of Public Safety that are
necessary for the implementation of the administrative fine program (see attached). The Arden
Hills City Attorney has reviewed these documents, and has indicated they meet the requirements
of the Statute.
The appeal process is proposed to be provided through a cooperative arrangement of the cities
and the Sheriff's Department to minimize the costs. The cities are in the process of working out
an arrangement with a retired judge to serve as the hearing officer for the administrative fine
appeals in the seven cities. The number of appeals is expected to be small, due to the amount of
the administrative fine being $60.00, vs. at least twice that much for a regular speeding citation.
Recommendation
It is recommended that the City participate with the other Sheriff's police service cities in the
administrative fine program for traffic offenses.
Council Direction Requested
Direction regarding the City's participation in the administrative fine program for traffic
offenses, and moving forward with the resolution and ordinance necessary to implement the
program.
Attachment A
Resolution Authorizing Administrative
Citations for Certain Traffic Offenses
Pursuant to Minnesota Statute 169.999
December 21, 2009, City Council Work Session
CITY OF
RESOLUTION No.
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN
TRAFFIC OFFENSES PURSUANT TO MINN. STAT. § 169.999
The City Council of the City of , Minnesota, does ordain:
WHEREAS: The City 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 maybe 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 traffic
citation form, use and sharing of fine revenues, and other administrative measures;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF , MINNESOTA:
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; and.
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; and
3) The City hereby directs that only licensed peace officers may issue administrative traffic citations
authorized by this resolution; and
4) The City hereby directs that no peace officer may issue an administrative traffic citation in
violation of Minn. Stat. § 169.999; and
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; and
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) The City designates the Ramsey County Sheriff's Department, as the law enforcement agency for
the City, as its agent for the management of the administrative traffic citation program. Personnel
of the Sheriff's Department shall apply the State law, this resolution, and any procedural
ordinance adopted by the City relating to administrative traffic citations to carry out the program.
The Sheriff's Department shall assign hearing cases to hearing officers appointed by the City.
The Sheriff's Department shall collect and administer revenue and expenses of the administrative
traffic citations issued in the City, and separately account for administrative traffic citations
authorized by this resolution. The Department shall account for the portion of fine revenue that
must be applied to law enforcement expenditures. The Sheriff's Department shall provide. the
City with information about the program required to be included in City financial reports,
summaries, and audits in keeping with common accounting practices and standards;
The motion for the adoption of the foregoing resolution was proposed by Council member
and was duly seconded by Council member and upon vote being taken
thereon, the following voted in favor:
And the following voted against the same:
Whereupon said resolution was declared duly passed and adopted by the City Council of the City of
,on ,20
Mayor
ATTEST:
City Clerk or City Administrator
Section 4.
4.1 SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance
be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity
of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid.
4.2 This Ordinance shall take effect and be in full force from and after its passage and publication.
, Mayor
ATTEST:
AYES:
NAYS:
Adopted this day of , 2009.
Attachment B
Ordinance Establishing Procedures for
the Administrative Citation of Traffic
December 21, 2009, City Council Work Session
(CITY)
ORDINANCE NO.
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ADMINISTRATIVE CITATION
OF TRAFFIC OFFENSES IN (CITY).
The City Council of the City of (City) hereby ordains:
Section 1.
1.1 PURPOSE. (City) authorized by resolution the use of administrative citations for specific traffic
offenses, as permitted by the Legislature in Minn. Stat. § 169.999. The City is required by that
statute to establish and maintain procedures through which motorists receiving administrative
citations may obtain an independent hearing or judicial review of a citation. The City Council finds
that establishing a voluntary administrative citation procedure ensures the availability of an
independent hearing and retains full opportunity to obtain judicial review of a citation.
1.2 DEFINITIONS. As used in this chapter, except as otherwise provided, the following terms shall
have the respective meanings ascribed to them:
Citation. An administrative citation issued to a motorist for a Designated Traffic Offense
occurring within the City.
Designated Traffic Offense. Those traffic offenses eligible for administrative citation as
designated by Minn. Stat. § 169.999, subd. 1(b)(1), (2) and (3), as it may be amended from
time to time.
Issuing Officer. The licensed peace officer employed by or under contract with (City) who
issues any particular administrative citation.
Flamer. A document which informs a person receiving an administrative citation of:
- the recipient's right to challenge the citation or opt for a standard criminal citation;
- the City's process for handling challenges to administrative traffic citations;
- the process for paying a traffic citation; and
- the effect of an administrative traffic citation on a recipient's driving record.
Recipient. The person who receives an administrative citation under this chapter.
Section 2
2.1 AUTHORIZATION. Licensed peace officers employed or under contract with the City may
issue administrative citations for Designated Traffic Offenses occurring within the City. The fine for
committing a Designated Traffic Offense shall be the amount stated in Minn. Stat. § 169.999, subd. 5,
as it may be amended from time to time.
2.2 FORM OF CITATION. An issuing officer must use the uniform administrative traffic citation
form approved by the Commissioner of Public Safety. The officer shall also serve upon the recipient
the current version of the City's flyer and response form.
2.3 RESPONSE TO CITATION. A recipient shall respond to the citation within 14 days of receipt.
The recipient may:
A) Admit the violation stated in the citation and agree to pay the fine;
B) Deny the violation stated in the citation and request a hearing; or
C) Request that the administrative citation be converted to a standard traffic citation and
filed for processing by the Violations Bureau of the Ramsey County District Court.
The City shall approve a response form as part of the flyer which states these options and gives
directions for returning the response form. A recipient shall deliver the response form, or similar
writing, to an address stated on the form before the close of business on the 14th day (or next
business day if the 14th day is a weekend or holiday) stating the recipient's choice for processing of
the citation.
2.4 SHERIFF'S DEPARTMENT TO COORDINATE CITATIONS. The City designates the
Ramsey County Sheriff s Department as its agent for management of the administrative citations
program. The Department shall receive citation responses, assign administrative traffic cases to a
hearing officer whose appointment the City has approved, collect fine -revenue, account for the
citation revenue and maintain funds as required by State law. The personnel assigned the duties of
managing the program by the Sheriff's Department shall be referred to in this Ordinance as "the
City's designee." This designation is not intended to create, and shall not create, a joint powers
relationship between the City and the Department relating to the management of administrative
citations.
2.5 STANDARD CITATION ISSUED IF NO RESPONSE. If the City's designee receives no
written response to a citation within the 14-day response period, the peace officer who issued the
citation shall convert the allegations into a standard traffic citation, file that regular citation at the
District Court and mail a copy to the recipient.
Section 3
3.1 HEARING OFFICERS. The City shall maintain a list of hearing officers available to conduct
hearings on the merits of an administrative citation, if requested by a recipient. All hearing officers
shall be approved by the City Council. Hearing officers shall have executed a contract to provide
hearing officer services with at least one of the following entities: Ramsey County; City of Arden
Hills; City of Gem Lake; City of Little Canada; City of North Oaks; City of Shoreview; City of
Vadnais Heights; or the Town of White Bear.
3.2 REQUEST FOR HEARING. If the recipient responds by requesting a hearing, the City's
designee at the Ramsey County Sheriff's Department shall assign the case to a hearing officer on the
list. The designee assigning the case shall notify the hearing officer, the recipient and the issuing
officer of the assignment in writing. The hearing officer shall schedule a hearing within 28 days of
receiving the notice. Any delays in holding the hearing shall be reported to the City's designee by
the hearing officer.
3.3 CITATION MATERIALS. At assignment, the City's designee shall transmit a copy of the
citation to the hearing officer. Within five days of assignment, the issuing officer or the officer's
department shall transmit copies of all materials relating to the citation to the hearing officer,
including but not limited to: additional written reports; certificates of calibration, logs, and other
documentation required to support the evidentiary use of speed detection equipment under Minn.
Stat. § 169.14; relevant certificates of training for the citing officer; and any pictures showing the
alleged offense. The hearing officer shall transmit a copy of any materials received to the recipient at
the earliest opportunity but at least three days in advance of the hearing.
3.4 HEARING. At the hearing, the hearing officer shall receive the testimony of any witnesses,
witness statements, and comments presented by the person cited. The hearing officer will consider
these items alongside the materials submitted by the issuing officer, and may weigh the evidence and
make credibility determinations to the best of the hearing officer's ability. The hearing officer is not
required to apply the rules of evidence in making determinations about the evidence presented. The
issuing officer is not required to attend the hearing.
3.5 DECISION, FINDINGS. After considering all of the evidence submitted, the hearing officer
shall determine, by a preponderance of the evidence, whether the person cited did or did not violate
the statute or statutes identified in the citation. The hearing officer shall make written findings
supporting the determination and transmit them to the cited person and the City's designee within
five days of closing the hearing.
3.6 PAYMENT FOLLOWING FINDING OF VIOLATION. If the hearing officer finds a violation,
the fine for the Designated Traffic Offense is due within 30 days of the date the findings are sent to
the recipient. The hearing officer may not alter or reduce the fine for any offense or combine
multiple offenses into a single fine. Payment of fines due shall be made to the City's designee.
3.7 STANDARD CITATION ISSUED IF NO PAYMENT. If payment is not made within the 30
days, the City's designee shall request that the issuing officer or the officer's department issue a
standard traffic citation for the offenses in the administrative citation, mail a copy of the citation to
the individual, and file the citation along with the hearing officer's written findings with the Ramsey
County District Court.
Attachment C
Administrative Offense Citations
Brochure
December 21, 2009, City Council Work Session
ADMINISTRATIVE
OFFENSE
CITATIONS
CITY OF ARDEN HILLS
CITY OF GEM LAKE
CITY OF LITTLE CANADA
CITY OF NORTH OAKS
CITY OF SHOREVIEW
CITY OF VADNAIS HEIGHTS
WHITE BEAR TOWNSHIP
Administrative offense citations are
intended to provide the public and the
cities and towns served by the traffic
patrol of the Ramsey County Sheriff's
Department with a less formal, cost-
effective alternative to traditional
criminal charges for violations of
certain state traffic law provisions.
An administrative citation carries only
a financial penalty and will not be
recorded on your driving record.
You may choose to contest this
citation.
Within 14 days of the issuance of an
administrative citation, you may
choose from the following options
(CIRCLE ONE):
#1 Pay the administrative fine as
indicated,
OR
#2 Contest the citation by requesting a
hearing with the Administrative
Hearing Officer,
OR
#3 Request a regular District Court
citation for the offense, to allow the
Court to handle the case.
Mail or deliver your selection, along
with any payment, to:
Ramsey County Sheriff's
Department
If you fail to pay the fine or request a
hearing within the required time
period, the City will issue a criminal
citation instead of the administrative
citation.
The administrative citation procedure
is intended to be voluntary. If you
choose a hearing through this
program, at an_ t� prior to paying
the administrative penalty, you may
withdraw from the process. In place
of the administrative citation, the City
will issue a standard criminal citation
in accordance with the law. Likewise,
prior to the payment of the
administrative citation, the City, at its
discretion, may choose to dismiss the
administrative offense and may bring
criminal charges instead.
If you pay the administrative fine
amount for your citation, or prevail at
your administrative hearing, the
matter is considered closed. No
further citation will be issued for this
traffic offense.
Attachment D
Administrative Traffic Citations Tool
Kit
December 21, 2009, City Council Work Session
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Administrative Traffic
Citations Tool Kit
July 2009
Administrative Traffic Citations Tool Kit
What you will find. inside. -
Checklist for Implementing Administrative Traffic Citations 3
New Law on Administrative Citations for Traffic Offenses: Frequently Asked Questions 4
Model Council Resolution 7
Model Flyer for Administrative Traffic Citation Recipients 9
Sample Letter Notifying DPS of Passage of City Resolution 10
Text of Chapter 158, Administrative Citations Law 12
This tool kit helps cities institute a process for issuing administrative traffic citations_ It contains a number of provisions a city may want
to adopt. A city wishing to adopt any part of this tool kit should review the materials with the city attorney to determine which provisions
and what language are best suited to the city's circumstances. Because provisions within this tool kit implicate state statutes and involve
state and federal constitutional rights, the city attorney should review any modifications to ensure they conform to current law.
Administrative Traffic Citations Tool Kit 2
Checklist for Implementing Administrative Traffic Citations
New law authorizes exclusive use of administrative traffic citations for minor traffic offenses. This means
no statutory or home rule charter city may use a different process for issuing such administrative traffic
citations. A city may, however, issue other kinds of administrative citations pursuant to local ordinance
for non -traffic matters such as liquor licensing ordinance violations, nuisance and animal ordinance
violations, and so on. The following are the steps a city must take to issue administrative traffic citations.
1. Pass a resolution that
• Authorizes police use of administrative traffic citations for $60 per violation.
• Obligates the city to provide a neutral third party to hear and rule on challenges.
• Bars peace officers from issuing administrative traffic citations in violation of this law.
2. Set up an appeal process using a neutral third -party hearing officer for those who wish to
contest their administrative traffic citation. (The legislative intent is that this hearing officer be someone
other than city staff or the city council.)
3. Notify the commissioner of Public Safety that the council passed a resolution allowing police
officers to issue administrative traffic citations. Send the notice by mail (See Model Letter to the
Commissioner of Public Safety on page 10) or by e-mail to tamara.bohtnertrastate.nln.us. Keep a copy!
4. Develop an information sheet to give to anyone who gets an administrative traffic citation
describing how the person may contest it. (See Model Flyer for Administrative Traffic Citation Recipients
on page 9).
5. Buy the new prescribed DPS uniform traffic citation from the commissioner of Public
Safety. (Cities may use the printer or vendor of their choice.)
6. Track the number of administrative traffic citations issued and the money collected. (The
state auditor must collect this information from cities each year.)
7. Divide the money collected so that:
Two-thirds of the fine ($40) remains with the city that issued the administrative traffic
citation.
• One-third of the fine ($20) is paid to the state commissioner of Finance.
8. Use one-half of the city's share ($20) for law enforcement purposes.
9. Police officers may issue an administrative traffic citation to a vehicle operator who®
• Violates speed limits by less than 10 miles per hour.
• Fails to obey a stop line.
• Operates a vehicle with a cracked windshield or other specific equipment violation.
Note: Those with commercial driver's licenses are not eligible for administrative traffic citations nor are
drivers of commercial vehicles.
Administrative Traffic Citations Tool Kit
New Law on Administrative Citations for Traffic offenses:
Frequently Asked Questions
1) For what types of traffic violations may the city issue administrative citations under the new
law?
Cities may issue administrative citations for violations of Minn. Stat. § 169.14 where the speed of the
vehicle is under 10 miles per hour in excess of the lawful speed limit. The actual speed of the vehicle
must be listed on the citation, and peace officers may not reduce the recorded speed for the purposes
of issuing an administrative citation.
It is important to note that Minn. Stat. § 169.14 generally prohibits speeding above the posted limit,
but also prohibits: operating a vehicle at a "speed greater than is reasonable and prudent under the
conditions" or without due care; failing to reduce speed when approaching or passing an authorized
emergency vehicle stopped with emergency lights flashing; failing to reduce speed when approaching
and crossing an intersection or railway grade crossing; failing to reduce speed when special hazards
exist (such as pedestrians, other traffic, weather or highway conditions); driving slower than a posted
minimum speed; and selling, offering for sale, using, or possessing any radar jammer in
Minnesota. It is important to note that issuance of an administrative citation for reasons other
than simple speeding under Minn. Stat. § 169.14 remains subject to the 10-mile-per-hour limit.
Specifically, if the citation for failing to reduce speed in adverse weather conditions involves
speeding that is greater than 10 miles per hour over the limit, the officer should not issue an
administrative citation.
Cities may also issue administrative citations for stop line violations under Minn. Stat. § 169.30 and
for violations of Minn. Stat. § § 169.46 to 169.68 and Minn. Stat. § § 169.69 to 165.75. These sections
relate mainly to violations of the law on required vehicle equipment, including but not limited to:
hitching a toboggan, hand sled, bicycle, or other similar device onto any motor vehicle while being
used on a street; driving vehicles in an unsafe condition as to endanger any person; wearing
headphones or earphones that are used in both ears while driving; texting while driving; failing to use
lights while driving at night or bad weather; having broken tail/brake lights; failing to use a red flag
on a projecting load; failing to use a slow moving vehicle sign; having loud mufflers and exhaust
systems not in good working order; having cracked or obstructed windshields; and using unsafe or
unauthorized metal studded tires:
Due to state and federal law, persons who have a commercial driver's license or who are driving a
commercial vehicle at the time of the citation may not be issued an administrative citation. These
individuals must be issued a regular state criminal citation for the traffic offense.
2) Are peace officers required to issues administrative citations under the new law?
Cities are not required to issue administrative citations under the new law. The process is entirely
optional. Cities that believe that administrative citations make sense for them may adopt a resolution
to issue such citations. In addition, where administrative citations have been adopted, the city cannot
require, by ordinance or otherwise, that peace officers issue administrative citations.. Under the new
law, peace officers always have the discretion to issue an administrative citation, give a warning, or
issue a state criminal ticket. In addition, cities may not set quotas that require or suggest that an
officer issue a certain number of administrative citations.
Administrative Traffic Citations Tool Kit 4
3) Does this new law preclude city administrative citations for non -traffic offenses?
The new law does not preclude the use of administrative citations for non -traffic offenses. Cities may
still issue administrative citations pursuant to local ordinance for non -traffic matters such as liquor
licensing ordinance violations, nuisance and animal ordinance violations, etc. However, the new law
specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative
citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative
citations for other violations of Minn. Stat., ch. 169.
4) Can we just keeping using our current administrative citations system for traffic offenses?
It is highly likely that cities that are currently issuing administrative citations for Minn. Stat., ch. 169
traffic offenses will need to cease or drastically revamp their existing citation program. The new law
specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative
citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative
citations for other violations of Minn. Stat., ch. 169. The new law also requires a city to use a new
prescribed uniform citation form designed by the Commissioner of Public Safety. Finally, the statute
requires a set administrative fine of $60, mandates how the fine must be divided between the city and
state, and requires the city to spend at least one-half of its fine revenues on law enforcement purposes.
5) What is a stop line violation?
The new law states that cities may issue administrative citations to vehicle operators who "fail to
obey a stop line." A stop line violation is not a failure to stop completely as directed by a stop sign or
traffic control signal. A regular criminal citation must still be issued for this type of traffic violation.
According to the Minnesota Manual on Uniform Traffic Control Devices, a stop line is a solid white
line extending across approach lanes that indicates where vehicles are required to stop in compliance
with a stop sign, traffic control signal, or some other traffic control device. An administrative citation
for a stop line violation may be issued to a vehicle operator who fails to heed the direction for where
to stop, presumably by driving over the line.
6) Does the new law apply to charter cities?
The new law applies to all Minnesota cities, including charter cities.
7) Does the new law apply to violations of city traffic ordinances that are not offenses under Minn.
Stat., ch. 169? For example, cruising, excessive acceleration, or jake braking?
Cities have ample authority to adopt regulations to "regulate the use" of city streets in a manner that
is consistent with Minn. Stat., ch. 169. Some cities have adopted traffic ordinances on subjects not
regulated by Minn. Stat., ch. 169 and may be currently imposing administrative fines for violations.
For example, cities may have ordinances prohibiting cruising, j ake braking, or excessive acceleration.
Under the new law, cities may continue to issue city administrative citations for these types of local
ordinance violations consistent with city ordinance. However, cities may not use the new uniform
administrative citation designed by the Commissioner of Public Safety for these types of citations.
Cities must develop or continue to use their own citation form for these violations.
Administrative Traffic Citations Too! Kit
8) Does the new law apply to local parking ordinance violations?
The new law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an
administrative citation may be issued (see No. 1 above), and specifically prohibits the issuance of
administrative citations for other violations of Minn. Stat., ch. 169. Parking violations are not
specifically listed as an offense for which the new uniform administrative citation can be issued.
However, cities may still issue local administrative citations for parking violations because Minn.
Stat. § 169.04 specifically states "the provisions of this chapter [Minn Stat., ch. 169 including
Minn. Stat., § 169.999] shall not he deemed to prevent local authorities, with respect to
streets and highways under their jurisdiction ...and within the reasonable exercise of the
police power from ... regulating the standing or parking of vehicles. "
9) Are there limits on how we use the funds from administrative fines?
The new law requires that a city impose a fine of $60 per citation. When a city peace officer issues
the administrative citation, the fine must be shared with the state in the following manner: two-thirds
of the fine ($40) remains with the city that issued the administrative citation and one-third of the fine
($20) must be paid to the state Commissioner of Finance for deposit into the state's general fund.
Furthermore, one-half of the city's share of the fine ($20) must be used for law enforcement purposes.
The new law specifically requires that the funds "be used to supplement but not supplant any existing
law enforcement funding."
10) Are there any special requirements related to accounting for funds?
The new law requires cities to track both the number of citations issued and to separately account for
any fine revenues in all city financial reports, summaries, and audits.
11) what is a neutral third -party hearing officer?
The new law requires that the city inform the recipient of an administrative citation of his or her right
to challenge the citation, provide a "civil process" for challenges, and provide a "neutral third party to
hear and rule on challenges" to a citation. The law does not provide a definition for a "neutral third
party" or provide extensive guidance for cities. However, a common understanding of "neutral"
would require that the hearing officer be impartial to both the interests of the city and the recipient of
the citation. In addition, a common understanding of "third party" would require that the hearing
officer not be one of the principal participants in the controversy (the city or the citation recipient). As
a result, the hearing officer should most likely not be the city council as a whole, an individual
council member, or a higher -level city officer such as the city administrator or clerk. The neutral third
party should be someone hired by the city to specifically handle challenges to citations.
12)What can the city do if someone refuses to pay the fine?
If a citation recipient does not pay the fine, the city may choose to dismiss the administrative citation
and issue a state criminal traffic citation instead. In the alternative, the city may use traditional debt
collection methods. There is, however, no authority in the new law for cities to specially assess the
fine against real property for payment as taxes.
13)Where can I get more information on administrative citations?
The League of Minnesota Cities (LMC) has developed the Administrative Fines Tool Kit, which is
available upon request or can be accessed at www.lmc.org. Please contact Ann Finn at (651) 281-
1263 or afinn@ mc.org, or the LMC Research Department at (651) 281-1200 or (800) 925-1122 for
more information.
Administrative Traffic Citations Tool Kit 6
CITY OF
RESOLUTION No.
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN
TRAFFIC OFFENSES PURSUANT TO MINN. STAT. § 169.999
The City Council of the City of , Minnesota, does ordain:
WHEREAS: The City is authorized to provide for the issuance of administrative citations for specific
traffic offenses designated at Minn. Stat. § 169.999, subd. I (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 traffic
citation form, use and sharing of fine revenues, and other administrative measures;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF , MINNESOTA:
1) The City hereby authorizes the issuance of administrative citations for traffic offenses designated
at Minn. Stat. § 169.999, subd. I (b)(1), (2) and (3), as it may be amended from time to time; and
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; and
3) The City hereby directs that only licensed City peace officers may issue administrative traffic
citations authorized by this resolution; and
4) The City hereby directs that no City peace officer may issue an administrative traffic citation in
violation of Minn. Stat. § 169.999; and
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; and
Administrative Traffic Citations Tool Kit
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.
The motion for the adoption of the foregoing resolution was proposed by Council member
and was duly seconded by Council member and upon vote being taken
thereon, the following voted in favor:
And the following voted against the same:
Whereupon said resolution was declared duly passed and adopted by the City Council of the City of
, on , 20
M
Mayor
ATTEST:
City Clerk or City Administrator
Administrative Traffic Citations Tool Kit
CITY OF
ADMINISTRATIVE
OFFENSE
CITATIONS
Administrative offense citations are
intended to
e rovidthe public and the
CD
p
City of with a less formal,
o cost-effective alternative to traditional
criminal charges for violations of
.� g
N certain state traffic law provisions.
cert
1
�An administrative citation carries only
a financial penalty and will not be
recorded on your driving record.
You may choose to contest this
citation.
Within days of the issuance
of an administrative citation, you may
choose from the following options:
#1 Pay the administrative fine as
indicated, and mail or deliver to:
#2 Contest the citation by requesting a
hearing with the Administrative
Hearing Officer by calling:
City of
Monday - Friday,
-- ----_ a.m. ®� p.m.
If you fail to pay or request a hearing
within the required time period, the
City, at its discretion, may choose to
send the matter for collections OR the
City may choose to issue a criminal
citation in lieu of the administrative
citation.
The administrative citation procedure
is intended to be voluntary by those
individuals who have been cited. Any
time prior to the payment of the
administrative penalty, an individual
may withdraw from participating in
the procedure, in which event the City
may bring criminal charges in
accordance with the law. Likewise,
prior to the payment of the
administrative citation, the City, at its
discretion, may choose to dismiss the
administrative offense and may bring
criminal charges in the first instance.
Commissioner of Public Safety
Town Square Building
444 Cedar Street
Saint Paul, Minnesota 55101
Dear Commissioner:
Pursuant to Minn. Stat. § 169.999, subd 1(e), the City of is writing to inform the
commissioner of Public Safety that it has passed a resolution authorizing the city issuance of
administrative fines for certain traffic offenses. A copy of the resolution is enclosed with this letter.
Sincerely,
(name), City Clerk/City Administrator for the City of
Administrative Traffic Citations Tool Kit 11
Minnesota Session Laws 2009, Regular Session
Key: (1) .guaae t) 1.3e deleted (2) new language is underlined
CHAPTER 158--S.F.No. 492
An act authorizing administrative traffic citations
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2008, section 6.74, is amended to read:
6.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.
The state auditor, or a designated agent, shall collect annually from all city, county,
and other local units of government, information as to the assessment of property,
collection of taxes, receipts from licenses and other sources including administrative fines
assessed and collected pursuant to section 169.999, the expenditure of public funds for
all purposes, borrowing, debts, principal and interest payments on debts, and such other
information as may be needful. The data shall be supplied upon forms prescribed by
the state auditor, and all public officials so called upon shall fill out properly and return
promptly all forms so transmitted. The state auditor or assistants, may examine local
records in order to complete or verify the information.
[irrelevant sections omitted]
Sec. 4. Minnesota Statutes 20081, section 169.985, is amended to read:
169.985 TRAFFIC CITATION QUOTA PROHIBITED.
A law enforcement agency may not order, mandate, require, or suggest to a peace
officer a quota for the issuance of traffic citations including administrative citations
authorized under section 169.999, on a daily, weekly, monthly, quarterly, or yearly basis.
Sec. 5. Minnesota Statutes 2008, section 169.99, subdivision 1, is amended to read:
Subdivision 1. Form. (a) Except as provided in subdivision 3, and section 169.9991
subdivision 3, there shall be a uniform ticket issued throughout the state by the police and
peace officers or by any other person for violations of this chapter and ordinances in
conformity thereto. Such uniform traffic ticket shall be in the form and have the effect of a
summons and complaint. Except as provided in paragraph (b), the uniform ticket shall
state that if the defendant fails to appear in court in response to the ticket, an arrest warrant
may be issued. The uniform traffic ticket shall consist of four parts, on paper sensitized so
that copies may be made without the use of carbon paper, as follows:
(1) the complaint, with reverse side for officer's notes for testifying in court, driver's
past record, and courVs action, printed on white paper;
(2) the abstract of court record for the Department of Public Safety, which shall be a
copy of the complaint with the certificate of conviction on the reverse side, printed on
yellow paper;
(3) the police record, which shall be a copy of the complaint and of the reverse
side of copy (1), printed on pink paper; and
(4) the summons, with, on the reverse side, such information as the court may wish
to give concerning the Traffic Violations Bureau, and a plea of guilty and waiver, printed
on off-white tag stock.
(b) If the offense is a petty misdemeanor, the uniform ticket must state that a failure
to appear will be considered a plea of guilty and waiver of the right to trial, unless the
failure to appear is due to circumstances beyond the person's control.
Administrative Traffic Citations Tool Kit 12
Sec. 6. L169.9991 ADMINISTRATIVE CITATIONS FOR CERTAIN TRAFFIC
OFFENSES.
Subdivision 1. Authority. (a) Except for peace officers employ d by the state
patrol, prior to a peace officer issuing an administrative citation under this section, the
,governing body for the local unit of government that employs the peace officer must
pass a resolution that:
(1) authorizes issuance of administrative citations,
(2) obligates the local unit of government to provide a neutral third party to hear and
rule on challenges to administrative citations; and
(3) bars peace officers from issuing administrative citations in violation of this
section.
(b) A peace officer may issue an administrative citation to a vehicle operator who:
(1) violates section 169.14, and the violation consists of a speed under ten miles per
hour in excess of the lawful speed limit;
(2) fails to obey a stop line in violation of section 169.3 or
(3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69
to 169.75.
(c) The authority to issue an administrative citation is exclusively limited to those
offenses listed in this subdivision.
(d) A peace officer who issues an administrative citation for the infraction of
speeding under ten miles per hour over the speed limit must use the actual speed a
violator's vehicle was traveling at the time of the infraction and may not reduce the
recorded speed for purposes of qualifying the offense for an administrative citation An
administrative citation issued for speeding must list the actual speed the vehicle was
traveling at the time of the infraction.
(e) A local unit of government shall notify the commissioner of public safety after it
passes a resolution described in paragraph. (a)
Subd. 2. Officer's authority. The authority to issue an administrative citation
is reserved exclusively to licensed peace officers An officer may not be required by
ordinance or otherwise to issue a citation under this section instead of a criminal citation.
Subd. 3. Uniform citation. There must_ be a uniform administrative citation issued
throughout the state by licensed peace officers for violations of this section No other
citation is authorized for violations of this section The commissioner of public safety
shall prescribe the detailed form of the uniform administrative citation and shall revise the
uniform administrative citation on such subsequent occasions as necessga and proper.
The uniform administrative citation must include notification that the person has the
right to contest the citation.
Subd. 4. Right to contest citation. (a) A peace officer who issues an administrative
citation must inform the vehicle operator that the person has the right to contest the citation
(b) Except as provided in paragraph �0, the local unit of government that employs
the peace officer who issues an administrative citation must provide a civil process for a
person to contest the administrative citation. The person must be allowed to challen _e the
citation before a neutral third party. A local unit of government may employ a person to
hear and rule on challenges to administrative citations or contract with another local unit
of government or a private entity to provide the service
(c) The state patrol may contract with local units of government or private entities
to collect administrative fines and to provide a neutral third party to hear and rule on
challenges to administrative citations. An administrative citation issued by a state patrol
trooper must clearly state how and where a violator can challenge the citation
Subd. 5. Fines; disbursement. (a) A person who commits an administrative
Administrative Traffic Citations Tool Kit 13
violation under subdivision 1 must pay a fine of $60.
(b) Except as provided in paragraph (c), two-thirds of a fine collected under this
section must be credited to the general revenue fund of the local unit of government
that employspeace officer who issued the citation, and one-third must be transferred
to the commissioner of finance to be deposited in the state general fund. A local unit
of government receiving fine proceeds under this section must use at least one-half of
the funds for law enforcement purposes. The funds must be used to supplement but not
supplant any existing law enforcement funding.
(c) For fines collected under this section from administrative citations issued by
state patrol troopers, one-third must be credited to the General fund of the local unit of
government or entity that collects the fine and provides a hearing_ officer and two-thirds
must be transferred to the commissioner of finance to be deposited in the state general fund.
Subd. 6. Commercial drivers' licenses and commercial vehicles; exceptions.
An administrative citation may not be issued under this section to (1) the holder of
a commercial driver's license, or (2) the driver of a commercial vehicle in which the
administrative violation was committed.
Subd. 7. Driving records. A violation under this section may not be recorded by
the Department of Public Safety on the violator's driving record and does not constitute
grounds for revocation or suspension of the violator's driver's license.
Subd. 8. Administrative penalty reporting. La) A county, statutory or home rule
city, or town that employs peace officers who issue administrative citations and that
collects administrative fines under this section must include that information and the
amount collected as separate categories in any financial report, summary, or audit.
(b) The state auditor shall annually report to the commissioner of public safety
information concerning_ administrative fines collected by local units of government under
section 169.999. Uponquest, the commissioner of public safety shall report to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and funding summarizing the reports the
commissioner received under this paragraph.
Subd. 9. Local preemption_ The authority to issue an administrative citation is
exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary
charter provision or ordinance, no statutory or home rule charter ci , county, or town may
impose administrative penalties to enforce any other provision of this chapter.
Sec. 7. Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges on criminal and traffic offenders. (a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
Administrative Traffic Citations Tool Kit 14
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
(f) The surcharge does not apply to administrative citations issued pursuant to
section 169.999.
Sec. 8. COMMISSIONER OF PUBLIC SAFETY; CREATE UNIFORM
ADMINISTRATIVE CITATION.
No later than October 1, 2009, the commissioner of public safety shall create a
uniform administrative citation to be issued under Minnesota Statutes, section 169.999.
The commissioner shall consult with representatives from the Sheriffs Association of
Minnesota, the Minnesota Chiefs of Police Association, and the Minnesota Police and
Peace Officers Association on the form and content of the uniform administrative citation.
Sec. 9. SEVERABILITY.
If any provision of this act, or the applicability of M provision to any person or
circumstance, is held to be invalid by a court of competent jurisdiction, the remainder of
this act is not affected and must be given effect to the fullest extent practicable.
Sec. 10. EFFECTIVE DATE.
Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2012.
Presented to the governor May 20, 2009
Signed by the governor May 21, 2009, 10:36 a.m.
Administrative Traffic Citations Too! Kit 15