HomeMy WebLinkAbout7B, Traffic Administrative Citation ProgramEN HILLS
Request for Council Action
Prepared By: Patrick Klaers,
City Administrator
Budgeted Amount:
N/A
Recommendation:
Traffic Administrative Citation Program
Actual Amount:
N/A
Council Meeting Date: November 29, 2010
Funding Source:
N/A
1. Recommend the City Council Approve Ordinance 2010 -014 Establishing
Procedures for the Administrative Citation of Traffic Offenses.
2. Recommend the City Council Approve Resolution 2010 -068 Authorizing
Administrative Citations for Certain Traffic Offenses.
3. Recommend that the City Council Authorize Staff to Notify the
Commissioner of Public Safety Regarding the City's Actions to
Participate in this Program.
Supporting Documents:
1. Memo from City Administrator Patrick Klaers dated November 29, 2010.
2. Ramsey County Sheriff's Department Administrative Offense Citations Pamphlet.
3. Traffic Deputy Statistics
4. Letter from City Attorney Jerry Filla Regarding the Administrative Traffic Citation
Program.
5. Ordinance No. 2010 -014 Establishing Procedures for the Administrative Citation of
Traffic Offenses in the City of Arden Hills.
6. Resolution No. 2010 -068 Authorizing Administrative Citations for Certain Traffic
Offenses Pursuant to Minn. Stat. 169.999
ARJENHILLS
MEMORANDUM
DATE: November 29, 2010
TO: Honorable Mayor and City Council Members
FROM: Patrick Klaers, City Administrator Ark
SUBJECT: Traffic Administrative Citation program
Background
The Traffic Administration Citation program has been discussed by the City Council at a
number of meetings over the last few months. Most recently, on November 15, 2010, the
Council requested that this item come to a regular meeting for consideration.
Attached are some recent statistics from the Sheriff's Department regarding this program.
According to all reports, the Traffic Administrative Citation program, which began in
2010, has been both successful from a traffic enforcement point of view and popular with
citizens.
George Altendorfer, Joe Paget, and Tony Waldo from the Sheriffs Department will be at
this meeting to answer questions from the City Council about this program.
Also attached for your review and consideration are a memo, resolution, and ordinance
from City Attorney Jerry Filla regarding approval of this program. Mr. Filla is also the
City Attorney for Shoreview and he has reported to me that they are not experiencing any
problems with this new program.
Recommendation
It is recommended that the City Council approve Ordinance 2010 -014 establishing
procedures for the administrative citation of traffic offenses.
It is recommended that the City Council approve resolution 2010 -068 authorizing
administrative citations for certain traffic offenses.
It is recommended that the City Council authorize staff to notify the Commissioner of
Public Safety regarding the City's actions to participate in this program.
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408 445 89 942
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0 0 0
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For the Year 2010
1st Quarter
Arden Hills
Shoreview
Vadnais Heights
North Oaks
Little Canada
Gem Lake
WB Township
Totals
2nd Quarter
Arden Hills
Shoreview
Vadnais Heights
North Oaks
Little Canada
Gem Lake
WB Township
Totals
3rd Quarter
Arden Hills
Shoreview
Vadnais Heights
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Gem Lake
WB Township
Totals
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Arden Hills
Shoreview
Vadnais Heights
North Oaks
Little Canada
Gem Lake
WB Township
Totals
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Arden Hills
Shoreview
Vadnais Heights
North Oaks
Little Canada
Gem Lake
WB Township
Totals
Sgt. T Waldo, Deps. T Entner S Nelson
Traffic Deputy Statistics
12
74
55
16
52
7
21
12
363
239
76
248
27
132
1097
191
For the Year 2010
120
100
80
60
40
20
0
District Citations
Arden Hills Shoreview Vadnais North Oaks Little Canada Gem Lake WB Township
Heights
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
160
140
120
100
80
60
40
20
0
Arden Hills Shoreview Vadnais North Oaks Little Canada Gem Lake WB Township
Heights
20
18
16
14
12
10
8
6
4
2
0
Verbal Warnings
Arden Hills Shoreview Vadnais North Oaks Little Canada Gem Lake WB Township
Heights
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
Sgt. T Waldo, Deps. T Entner S Nelson
Traffic Deputy Statistics
Administrative Citations
1st Qtr
2nd Qtr
3rd Qtr
4th Qtr
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For the Year 2010
Sgt. T Waldo, Deps. T Entner S Nelson
Traffic Deputy Statistics
3rd Qtr Total Stops
Year to Date Total Stops
2nd Qtr Total Stops
City of:
Fines Received:
Percentage:
Arden Hills
0/
Shoreview
12,400.00
40%
Vadnais Heights
6,300.00
20%
North Oaks
2,040.00
7%
Lt Canada
5,820.00
19%
Gem Lake
360.00
1%
WB Township
4,080.00
13%
Totals
s 31, 000.00
100%
3rd Quarter Administrative Citations
July- Aug- Sept -2010
Arden Hills
0%
$14,000.00
$12,000.00
$10,000.00
$8,000.00
$6,000.00
$4,000.00
$2,000.00
$12,400.00
Fines Received
$6,300.00
$2,040.00
$5,820.00
$4,080.00
Arden Hills Shoreview Vadnais North Oaks Lt Canada Gem Lake WB
Heights Township
All Deputies
Patrick Klaers
City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, MN 55112
Re: Administrative Traffic Citations
Pat:
October 6, 2010
I am attaching a proposed Resolution and Ordinance which, if adopted, would
implement the administrative traffic fine process in the City of Arden Hills.
Administrative fine citations could be issued for any of the following offenses:
1. Speeding under 10 MPH in excess of the lawful speed limit; and
2. Vehicle equipment safety violations, except those relating to seatbelts.
A person who receives an Administrative Traffic Citation must pay a fine of $60 or
appeal the citation to the district court where it would be processed as other traffic
citations. The City would receive two thirds of the total fines collected. The City's
share of administrative traffic fine proceeds must be used for law enforcement
purposes. The City needs to notify the Commissioner of Public Safety if it adopts the
Administrative Traffic Fine Regulations. Three affirmative city council votes are
necessary to approve the resolution and the ordinance. A public hearing proceeded by a
published notice is not required.
If you have any questions, please contact me.
JPF /jmt
Attachments
(651 )290 -6907
jtillaepth- pa.corn
VIA EMAIL
CITY OF ARDEN HILLS
ORDINANCE NO. 2010-014
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ADMINISTRATIVE
CITATION OF TRAFFIC OFFENSES IN THE CITY OF ARDEN HILLS
The City Council of the City of Arden Hills ordains that Chapter 820 is hereby added to
the City Code to read as follows:
CHAPTER 820
Administrative Citations
820.01 PURPOSE. Arden Hills 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.
820.02 DEFINITIONS. As used in this chapter, except as otherwise provided, the
following terms shall have the respective meanings ascribed to them:
A. Citation. An administrative citation issued to a motorist for a Designated
Traffic Offense occurring within the City.
B. 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.
C. Issuing Officer. The licensed peace officer employed by or under contract
with (City) who issues any particular administrative citation.
D. Flyer. A document which informs a person receiving an administrative
citation of:
1. the recipient's right to challenge the citation or opt for a standard
criminal citation;
2. the City's process for handling challenges to administrative traffic
citations;
3. the process for paying a traffic citation; and
4. the effect of an administrative traffic citation on a recipient's
driving record.
E. Recipient. The person who receives an administrative citation under this
chapter.
F. Administrator. The Arden Hills City Administrator or City
Administrator's designee.
820.03 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.
A. 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 response form. The response form shall reference the
response options stated at Section 820.03 (C); and shall provide directions
for returning the response form.
B. DELIVERY TO CITY. The issuing officer shall deliver a copy of the
administrative traffic citation to the City Administrator within a
reasonable time of the date of issuance.
C. RESPONSE TO CITATION. A recipient shall respond to the citation
within 14 days of receipt. The recipient may:
1. Admit the violation stated in the citation and agree to pay the fine;
2. Deny the violation stated in the citation and request a hearing; or
3. 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.
D. STANDARD CITATION ISSUED IF NO RESPONSE. If the City
Administrator does not receive a written response to a citation within the
14-day response period, the City Administrator shall request that the peace
officer who issued the citation convert the allegations into a standard
traffic citation, file that regular citation at the District Court and mail a
copy to the recipient.
820.04 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. Hearing officers shall have executed a contract to provide hearing
officer services with the Ramsey County Sheriff's Department. The hearing
officer shall have executed a contract to provide hearing officer services with the
Ramsey County Sheriff's Department or, with one of the cities that receive law
enforcement services from the Ramsey County Sheriff's Department.
2
A. REQUEST FOR HEARING. If the recipient responds by requesting a
hearing, the City Administrator shall assign the case to a hearing officer
on the list. The City Administrator shall notify the hearing officer, the
recipient and the issuing officer of the assignment in writing. The hearing
officer shall schedule a hearing within a reasonable date of receiving the
notice. Any delays in holding the hearing shall be reported to the City
Administrator by the hearing officer.
B. CITATION MATERIALS. At assignment, the City Administrator 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.
C. 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.
D. 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 Administrator within five days of closing the hearing.
E. 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 Administrator.
F. STANDARD CITATION ISSUED IF NO PAYMENT. If payment is not
made within the 30 days, the City Administrator shall request that the
issuing officer or the officer's department issue a standard traffic citation
3
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.
820.05 DESIGNATED ADMINISTRATIVE TRAFFIC CITATION PROGRAM
MANAGER. Pursuant to Resolution No. 201 0 -068, the City Council has
designated the Ramsey County Sheriffs Department and its licensed peace
officers to administer the City's administrative traffic citation program and to
perform the duties of the City and the City Administrator as specified therein.
820.06 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.
This Ordinance shall take effect and be in full force from and after its passage and
publication.
ATTEST:
Patrick Klaers, City Administrator
AYES:
NAYS:
Adopted this 29 day of November, 2010.
4
Stanley Harpstead, Mayor
CITY OF ARDEN HILLS
RESOLUTION NO.: 2010 -068
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN
TRAFFIC OFFENSES PURSUANT TO MINN. STAT. 169.999
The City Council of the City of Arden Hills, Minnesota, ordains:
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 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
ARDEN HILLS, MINNESOTA:
1. The City hereby authorizes the issuance of administrative citations for traffic
offenses designated at Minn. Stat. 1 69.999, 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 licensed 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 adopts the uniform administrative traffic citation form prescribed
by the Commissioner of Public Safety;
7. The City designates its law enforcement agency, the Ramsey County Sheriff's
Department and its licensed peace officers "RCS as the manager of the City's
administrative traffic citation program. Specifically, the RCS shall:
A. Operate the City's administrative traffic citation program in compliance
with the provisions of City Code §904, as amended from time to time;
B. Issue administrative traffic citations on forms approved by the
Commissioner of Public Safety;
C. Provide recipients of an administrative traffic citation with a response
form that includes the following information and other information as
deemed appropriate by the RCS:
1. The recipient's right to challenge the citation;
2. The process for handling challenges to administrative traffic
citations;
3. The location, dates, and times designated to hear administrative
traffic citation challenges;
4. The process for paying an administrative traffic citation;
5. Effect of an administrative traffic citation on recipient's driving
record; and
6. The time within which to submit a response to the RCS.
D. Assign a neutral third party designated by the RCS to hear and rule on
challenges to administrative traffic citations fines;
E. Collect and administer the revenue and expenses of administrative traffic
citations program;
F. Account for the portion of the administrative traffic citation fine revenue
that must be applied to law enforcement expenditures;
2
G. Provide the City with the administrative fine program information that
needs to be included in the City's financial reports, summaries and audits
in keeping with common accounting practice and standards.
8. City staff is hereby directed to inform the Commissioner of Public Safety of the
passage of this resolution;
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 Arden Hills, on this 29 day of November, 2010.
By: ATTEST:
Stanley Harpstead, Mayor Patrick Klaers, City Administrator
Arden Hills \Forms\Admin. Citation- v2.doc
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