2016-03-08 P & Z Packet - Laserfiche WebLink

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(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. (B) Hearings. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be determined by Anoka. County. (C) Hearing officer. Anoka County shall serve as the hearing officer. (D)Decision. If the hearing officer determines that a violation of this chapter did occur, the decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under this chapter or as the court rules, shall be recorded in writing, a copy of which shall be provided to the accused violator and his or her parent or legal guardian. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator and his or her parent or legal guardian. (E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. (F) Misdemeanor prosecution. (1) Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter. (2) If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Penalty, see § 116.99 Ord. #66, adopted - - § 116.13 EXCEPTIONS AND DEFENSES. Nothing in this chapter shall prevent the providing of tobacco, tobacco products or tobacco -related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law. Ord. #661, adopted - - § 116.99 PENALTY, 209 1 Page