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<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 />, I <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 trail 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 4. Effective Date. This ordinance <br /> <br />becomes effective , 19 <br /> <br />" . . 't <br /> <br />20 <br />