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10. Discussion on update to Penalty ordinace Staff Report Date of Meeting: December 5, 2018 To: City Council From: Neil Soltis, Administrator Re: Penalty Ordinance Background: Currently Ordinance 72, which was approved by the Town Board in 2001, establishes the penalty for conviction of a misdemeanor. Mike Welsh, the City Prosecutor, noted that the Dog ordinance and Right-of-Way ordinance refer to a penalty for a petty misdemeanor. The draft ordinance that follows establishes the penalty for a petty misdemeanor at the maximum amount allows by the State and also establishes a petty misdemeanor as the default penalty unless stipulated otherwise in an ordinance. Copies of the current and proposed ordinance follow this cover report. The proposed ordinance is for review. Any modifications will be incorporated and included on the regular Council meeting for approval. Ordinance xxx Page 1 of 1 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY OF SCANDIA ESTABLISHING THE PENALTY FOR VIOLATIONS OF CITY ORDINANCES AND REPEALING AN EXISTING ORDINANCE Section 1. The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Sec. 1.01. Any person, entity, or organization who violates any City ordinance, including any code established by ordinance, for which another penalty is not specifically provided, shall, upon conviction, be guilty of a petty misdemeanor. The penalty that may be imposed for any offense that is a petty misdemeanor shall be a fine of not more than $300. Sec. 1.02. Any person, entity, or organization who violates any City ordinance, including any code established by ordinance and including Minnesota Statutes specifically adopted by reference, that is designated to be a misdemeanor shall, upon conviction, be guilty of a misdemeanor. The penalty that may be imposed for an offense that is a misdemeanor shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both. Sec. 1.03. In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution shall be paid by the convicted offender. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. Sec. 1.04. The failure of any officer or employee of the City to perform any official duty imposed by City ordinances, including any code established by ordinance, shall not subject the officer or employee to the penalty imposed for a violation. Sec. 1.05. In addition to any penalties provided for in this section, if any person, entity, or organization fails to comply with any provision of any City ordinance, including any code established by ordinance, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation. Section 2. Ordinance No. 72 is hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Scandia, Minnesota, this xxth day of xxxx, 2018. ______________________________ Christine Maefsky, Mayor ATTEST: ___________________________________ Neil Soltis, City Administrator