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2008-07-23 CC Agenda & Work Session
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2008-07-23 CC Agenda & Work Session
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7/23/2008 9:34:12 AM
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<br />All offenses committed under laws in force prior to the effective date of this code shall be <br />prosecuted and remain punishable as provided by those laws. This code does not affect any rights or <br />liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this code. The <br />liabilities, proceedings and rights are continued; punishments, penalties or forfeitures shall be enforced <br />and imposed as if this code had not been enacted. In particular, any agreement granting permission to <br />utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, <br />establishment or vacation of any highway, and the election of corporate officers shall remain valid in <br />all respects, as if this code had not been enacted. <br /> <br />~ 10.18 COPIES OF CODE. <br /> <br />The official copy of this code shall be kept in the office ofthe City Administrator for public <br />inspection. The City Administrator shall provide a copy for sale for a reasonable charge. <br /> <br />~ 10.19 ADOPTION OF STATUTES AND RULES BY REFERENCE. <br /> <br />It is the intention of the City Council that, when adopting this code, all future amendments to any <br />state or federal rules and statutes adopted by reference in this code or referenced in this code are hereby <br />adopted by reference or referenced as if they had been in existence at the time this code was adopted, <br />unless there is clear intention expressed in the code to the contrary. <br /> <br />~ 10.79 ADMINISTRATIVE OFFENSE. <br /> <br />(A) Purpose. Administrative offense procedures established pursuant to this section are intended <br />to provide the public and the city with an informal, cost-effective and expeditious alternative to <br />traditional criminal charges for violations of certain code provisions. The procedures are intended to be <br />voluntary on the part of those who have been charged with administrative offenses. At any time prior to <br />the payment of the administrative penalty as is provided for in division (I), the individual may <br />withdraw from participation in the procedures, in which event, the city may bring criminal charges. In <br />addition, the city, in its discretion, may choose not to initiate an administrative offense and may bring <br />criminal charges in the first instance. In the event a party participates in the administrative offense <br />procedures but does not pay the monetary penalty which may be imposed, the city may seek to collect <br />the costs ofthe administrative offense procedures as part of any subsequent criminal sentence, in the <br />event the party is charged and is adjudicated guilty of the criminal violation. <br /> <br />(B) Administrative offense defined A violation of any section of this code when one performs an <br />act prohibited or fails to act when such failure is thereby prohibited and is subject to the penalties set <br />forth in this code. <br /> <br />(C) Notice. Any officer of the City Police Department, or any other person employed by the city, <br />authorized in writing by the City Administrator, and having authority to enforce this code, shall, upon <br />determining that there has been a violation, notifY the violator, or in the case of a vehicular violation, <br />
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