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