Agenda - Council - 08/14/2007 - Laserfiche WebLink

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Police Chief Way stated in considering the possibility of administrative fees for minor traffic violations there are a couple of things to look at: what the City would try to gain from that, and whether it is legal. It is dependant on who you talk to as to whether it is considered legal. He has paperwork from a couple of sources that have indicated it is not legal at this point. Legislation has been ,introduced and is currently being debated in the legislature to formally allow cities to utilize administrative fines under state statute for specific traffic violations. This legislation is currently in committee. Mr. Way indicated there are only a couple of cities that use this process; one is Columbia Heights. If Council were to determine to proceed with this for the purpose of making revenue, it will not be a money maker. In 2005 Columbia Heights took in $21,000 under this process, and in 2006 took in $11,000. In 2006 Ramsey wrote 1,344 motor vehicle violations, but of those about 500 would not be eligible currently or under the proposed state law currently being introduced. The legislation that is being considered would allow cities the authority to utilize administrative fees for speeding violations of 10 mph and under, which the City does not write many tickets for. Councilmember Dehen stated this process has full support of the League of Minnesota Cities. Their argument is that if there is a $40 ticket that is run through the court system there will be a County imposed surcharge and law library fee of about $75, which would bring that ticket up to $115. Of that amount the City recaptures $14 according to the League or $28 according to Chief Way. Police Chief Way explained the City receives 2/3 of the ticket price. The $14 provided . by the League of Minnesota Cities was based on cities that do not have their own attorney. Councilmember Dehen stated $14 or $28 out of a $115 ticket is minimal. The League argued in favor of this because the district courts are clogged, the surcharges the State is imposing are excessive, and there is a lack of clarity from the State as far as what to do. The League also argued that this allows officers to cite administratively for what otherwise would be a warning. In other words, a speeder in the City of Ramsey could receive an administrative penalty of perhaps $100, and would be able to avoid the violation going onto their driving record. The administrative penalty ticket would include a statement that the administrative penalty could be contested through the court system. Councilmember Strommen noted the League of Minnesota Cities' position is that this process would be used where previously a warning would have been issued. She questioned how the administrative penalty would alleviate the number of cases going through court or on drivers' records, as warnings would not go on a driving record or through the court system either. There was discussion of the limits of the proposed state legislation. Police Chief Way advised the proposed legislation limits the use of the administrative fine to traffic violations up to 10 mph. He stated there are very few times that minor traffic violations —199—