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<br />attempted under the penalty provision of <br />Subdivision 3 or before resorting to other <br />means of abatement. Some ordinances <br />confine notice provisions of this kind to <br />situations existing when the ordinance <br />goes into effect. Some also set maximum <br />time limits for compliance, in some cases <br />fixing longer limits for more costly <br />corrective installations. <br /> <br />Subd. 2. Civil remedies. This ordinance may <br /> <br />be enforced by injunction, action for abatement, or <br /> <br />other appropriate civil remedy. <br /> <br />Comment: Although it may not be possible to <br />affect the jurisdiction and procedure of the <br />courts by ordinance provision in most <br />cities, the provision at least calls attention <br />to available civil remedies. <br /> <br />Subd. 3. Criminal penalties. Any violation <br /> <br />of this ordinance involving the operation of a <br /> <br />motor vehicle is a petty misdemeanor and, upon <br /> <br />conviction, the violator shall be punished by a fine <br /> <br />not to exceed $100. Every person who violates <br /> <br />~y other provision of this ordinance is guilty of a <br /> <br />misdemeanor and shall, upon conviction, be <br /> <br />subject to a fine of not more than $700 or <br /> <br />imprisonment for a term not to exceed 90 days, or <br /> <br />both. In all cases the city shall be entitled to <br /> <br />collect the costs of prosecution to the extent <br /> <br />outlined by law, Rules of Criminal Procedure, and <br /> <br />the Rules of Court. Each act of violation and each <br /> <br />day a violation occurs or continues constitutes a <br /> <br />separate offense. <br /> <br />Comment: The penalty provided for <br />misdemeanors is the maximum allowed by <br />law. The provision for adding the costs of <br />prosecution is based on the statutory city <br />code. Minn. Stat. 412.231. Violations of <br />noise limits on motor vehicle operation and <br />for driving with an inadequate muffler, like <br />most violations of the traffic code, are petty <br />misdemeanors under the state law. Minn. <br />Stat. 169.89, Subd. 1. The law also <br />provides that local ordinances may not fix <br />a different penalty. Minn. Stat. 169.022. <br />The ordinance may make all or specified <br />violations petty misdemeanors, if <br />preferred. In that case the violator is <br />subject only to the maximum $100 fine on <br />conviction with no possibility of a jail <br />sentence. In prosecutions under a petty <br />misdemeanor provision, there is no right to <br />a trial by jury and appeals are permitted <br />only on questions of law. <br /> <br />In a city with an ordinance code <br />containing a general penalty provision, the <br />penalty section of this ordinance may be <br />abridged. <br /> <br />Section 10. Severability. If any provision <br /> <br />of this ordinance or the application of any <br /> <br />I ~ I <br /> <br />provision to a particular situation is held to be <br /> <br />invalid by a court of competent jurisdiction, the <br /> <br />remaining portions of the ordinance and the <br /> <br />13 <br />