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SE1' 10 r 93 11:10AM PET, BELL.P I II JEf SSE P.1/22 <br /> •'i <br /> LAWN OFFICES OF <br /> PWM A PEreftsm PUERSON, 1301 COWERSE 6 J045EN <br /> ART C BELL <br /> VYLLAM L. CONNSMW ST.PAUL OFFICE <br /> R=r-m A •l04SIEN 2140 AIWEAM N NATIONAL RANK BLMLDIKG <br /> KUNT F. WALTHM 101 EAU F1FT14 GTREET <br /> JAJAW C ERENMO ' ST,FAUL MILAN OTA 65101 <br /> DAM 19 AMMRSON TELEPHONE 16 12)2244 <br /> THOMM EL MCGORMCM FAX ISM ZZWO <br /> CAF" & NALN <br /> IF ea.L 08:1 f E LLE FFICE <br /> � <br /> L.IWO 2750 MORI EI4EI.R ING AVF.T SUITE327 <br /> 111085VILM MINNESTA 15113 <br /> TIRSPHO fE(912)531449 <br /> FAX P12)MI-2470 REPLY TO: <br /> at. PSLU1 <br /> Mr., Steve 'Sarkozy April So 1993 . <br /> City Manager C. <br /> City of Rceeville <br /> 2960 Civic Center ]Drive <br /> Roseville, Minnesota 55113 <br /> Re: Administrative Off ens e a <br /> Our File No. 1011-19 <br /> Dear Steve: 17 <br /> You have asked me to review the administrative offense pOl ioy <br /> established by the city of Moundsview several years ago and advise <br /> you whether or not it is a procedure which fs legally defensible. <br /> You have also asked me to draft a proposed ordinance establishing <br /> such a procedure to he used by the city Council in discussing the <br /> subject. <br /> it is my opinion that under existing law such a procedure is legal. <br /> It would have to be understood that the procedure is a voluntary <br /> one and that any 201ndividual who is charged with an administratiLve <br /> offense would have the option to ignore the procedure, in which <br /> event the more traditional criminal procedures could he used, If <br /> it is an optional procedure for both the city and the individual, <br /> the voluntary participation and payment of 'an administrative <br /> penalty pursuant to the ordinance would he legal. <br /> It i$ alsO mfr opinion that if much a procedure is used, all <br /> penalties paid would he the City's and would not need to he paid <br /> over i <br /> to the county n any percentage as we do 'with f i ne s for <br /> criminal violations. <br /> I have di s seed this with the League of Cities research department <br /> and with the city attorney in Moundsview 4 I am advised that in <br /> addition to Noundeview, the City of Lexington and the City Of <br /> Spring Lake Park have adopted a similar procedure. and that the City <br /> of Minnetonka i�s eontemplat <br /> in such a roeadt�re t I would antici- <br /> gate than if this procedure becomes widely used, there may be an <br />