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City
of
Kiester
Summary
of
Ordinance
2100
(Administrative
Offenses)
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Purpose.
Administrative
offense
and
hearing
procedures
established
pursuant
to this
ordinance
are
intended
to
provide
the
public
and the
city
with an
informal,
cost
effective
and
expeditious
alternative
to
traditional
criminal
prosecution. |
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An Administrative Offense
is a violation of a provision of
this code and is subject to the
administrative penalty as
established by council
resolution. An administrative
penalty is a civil fine imposed
against a violator as a penalty
for the commission of an
administrative offense. |
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Notice. Upon determining
that an administrative offense
has been committed, the violator
will be notified by personally
serving a notice of
administrative offense upon the
violator. The notice will
include the nature, date, and
time of the violation, the name
of the official issuing the
notice, and the amount of the
penalty. |
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Payment. Once notice is
given, the alleged violator may
pay the amount set forth within
seven days of the time of
issuance or notify the City in
writing that they contest the
notice of violation. The penalty
may be paid in person or by mail
to the City Clerk and shall be
deemed to be an admission of the
administrative offense. |
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Criminal Prosecution Option
Retained. At any time prior
to the payment of the
administrative penalty, the City
may initiate a criminal
prosecution for an alleged
violation. Likewise, the City
may choose not to utilize the
administrative offense
procedures and may initiate a
criminal prosecution in the
first instance. |
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Contested Case. Within 7
days of the time of issuance, a
person contesting an
administrative offense pursuant
to this Section may request a
hearing before the
administrative penalty review
board. The review board has the
authority to dismiss the
administrative offense or to
reduce or waive the
administrative penalty. If the
review board sustains the
administrative penalty, the
decision shall be issued in
writing and personally served
upon the alleged violator, who
will have 7 days from the date
of service of the decision to
pay the administrative penalty. |
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Notice of Hearing. The
review board must personally
serve a written notice of the
hearing date, place and time
upon the alleged violator 10
days prior to the hearing,
unless a shorter time is agreed
on by all parties. A written
notice may be sent to the
alleged violator’s last know
address, however an additional 3
day must be assed to the notice
period. |
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Failure to pay. In the
event a party served with a
notice of administrative offense
fails to pay the penalty or
request a hearing, a petty
misdemeanor charge may be
brought against the alleged
violator in accordance with
applicable statutes, and if
applicable, the fine may be
levied as an assessment against
the property owner. |
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All penalties collected
pursuant to this chapter may be
deposited in the City’s general
fund. |
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Offenses. Which may be
charged as administrative
offenses and the administrative
penalties for such offenses may
be established by Council
resolution. |
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Subsequent Offenses.
First offense: administrative
penalty as specified by Council
resolution; 2nd
offense within 12 month period;
3rd
offense within a 12 month period
for the same administrative
offense shall have a 50%
increase over the established
penalty. |
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Persons with authority to
enforce administrative offense.
An officer of the Faribault
County Sheriff Dept.,
Maintenance Supervisor, City
Clerk-Treasurer, City Mayor, or
any Council Member. |
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City
of Kiester |
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Fee
Schedule |
1 s t
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2 nd |
3 rd |
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Curfew |
20.00
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25.00
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30.00 |
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Parking
(or according to
relevant state statutes)
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15.00 |
18.75 |
22.50 |
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Abandoned
Vehicles |
50.00 |
62.50 |
75.00 |
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Animals
at Large |
30.00 |
37.50 |
45.00 |
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Animals
not licensed |
15.00 |
18.75 |
22.50 |
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Habitual
barking |
20.00 |
25.00 |
30.00 |
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Too many
animals |
15.00 |
18.75 |
22.50 |
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Accumulations of Junk or
garbage |
30.00 |
37.50 |
45.00 |
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Grass and
rank vegetation |
25.00 |
31.50 |
37.50 |
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Failure
to shovel sidewalk |
20.00 |
25.00 |
30.00 |
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Discharge
fire arm in City limits
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40.00 |
50.00 |
60.00 |
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Burning
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25.00 |
31.25 |
37.50 |
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Tree/brush trimming
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15.00 |
18.75 |
22.50 |
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Mowing
grass in the streets
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15.00 |
18.75 |
22.50 |
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Ordinance
summary
Parking, Section 200.04:
It shall be unlawful to park any
semi tractor or trailer on any
street in
Kiester, with
the exception of Front Street.
Section
200.06: It shall be unlawful
for any vehicle to
be parked upon
any street or alley after each
snowfall until the road is
cleaned curb to curb. |
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Abandoned Vehicles, Section
203: It is unlawful to park
or store any unlicensed,
unregistered, or
inoperable
vehicle, or parts or components
thereof on any property, public
or private unless
housed in a
building. |
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Nuisances,
Section 401:
o
401.03a all snow or ice
not remove from public sidewalks
24 hours after the snow or
other
precipitation, causing the
condition, has ceased to fall.
o
401.03b Accumulations in
the open of issued, inoperable
machinery or vehicles,
household
appliances or other material in
a manner conducive to the
harboring of rats,
mice, snakes or
vermin, or the fire, health, or
safety hazards from such
accumulation or
the rank growth
of vegetation among the items
accumulated. 401.03d
depositing of
garbage or
refuse on a public right of way
or on adjacent private property.
o
401.03g Any person who
shall discharge any gun, pistol,
revolver, or any firearms within
the corporate
limits.
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4010.03 Grass and weeds
taller than 6 inches shall be
considered a nuisance and also
shall be in
violation of this section. |
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Animals,
Section 500
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500.02 Licensing, No
person shall own, keep or harbor
a dog or cat unless such dog or
cat is licensed
as provided herein.
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500.03 Limitation, It is
unlawful for any person to own,
keep, care for, have custody of
or knowingly
permit at any time more then 3
dogs and 3 cats in or about
their residence
or any other
location under the person’s
control within the City. This
section shall not
apply to the
following: A litter or pups or
kittens less then 3 months of
age born to a
licensed dog or
cat, a kennel licensed by the
Minnesota Board of Animal Health
that is
located in an
appropriately zoned area, a
licensed veterinarian, a City or
Humane Society
owned and
operated animal shelter.
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500.09 Restraint of Animals,
No dogs or cats shall be
allowed to be at large in the
City.
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500.10 Barking, No person
shall keep or harbor an animal
which habitually barks or
howls or
otherwise constitutes a
nuisance. |
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Curfew, Section 600.01:
No person under the age of 16
years shall be allowed to loiter
on any
public highway,
street alley, park or public
lands or any public place of
business within the City of
Kiester after
the hour of 10PM or before the
hours of 5AM unless accompanied
by a parent or
guardian.
Section 600.02: No person
between the ages of 16 and 18
shall be allowed to loiter on
any public
highway, street, alley, park or
public lands or any public place
of business within the
City of Kiester
after the hour of 12Am or before
the hour of 5AM unless
accompanied by a parent
or guardian. |
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Burning, Section 1600.01:
It shall be unlawful for any
person to set or maintain within
the City
of Kiester any
fire for the purpose of burning
waste or refuse. Section
1600.9A, Recreational
campfires that
are held on owner’s property
cannot be more than a 3 foot by
3 foot radius.
Campfire wood is
the only fuel used. |
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Tree/Bush trimming, Policy I:
It is the policy of the City
of Kiester that in the fall of
each year
letters will be
sent out to residents with low
hanging tree branches. Residents
will be responsible
for trimming
their won trees. Trees not
trimmed by stated date in the
letter will be charged by the
City for
trimming trees. |
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Grass Clippings, Policy II:
It is the policy of the City
of Kiester that no grass
clipping will be
mowed on to the
streets of Kiester
CITY OF KIESTER
Resolution
#2008-1 |
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WHEREAS,
Ordinance No. 2100, Section 1 of
the Kiester City Code states
that Administrative Offenses
and the
administrative penalties for
such offenses shall be
established by Resolution as set
periodically by
the City
Council. |
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WHEREAS,
said Ordinance authorizes the
City Council of the City of
Kiester from time to time to
identify
administrative offenses and
establish administrative
penalties for such offenses. |
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WHEREAS,
Said Ordinance provides for
increased administrative
penalties for the commission of
additional
administrative offenses of the
same type within a 12 month
period; and that the
administrative
penalty may be
levied as an assessment against
the property owner. |
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NOW THEREFORE,
BE IT RESOLVED, by the City
Council for the City of Kiester,
Minnesota, that
the following
administrative offenses and
administrative penalties are
hereby adopted effective April
14,
2008. |
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Administrative Offense
Section of Code
Administrative Penalty |
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Administrative Offense
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Section of Code
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Administrative Penalty |
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Curfew |
600 |
20.00 |
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Parking
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200 |
15.00 |
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Abandoned
Vehicles |
203 |
50.00 |
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Animal at
large |
500 |
30.00 |
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Animal
not licensed |
500.09 |
15.00 |
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Habitual
barking |
500.03 |
20.00 |
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Too many
Animals |
500.03 |
15.00 |
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Accumulations of junk or
garbage |
401.03b, 401.3d |
30.00 |
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Grass and
rank vegetation |
4010.3 |
25.00 |
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Failure
to shovel sidewalk
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401.03a |
20.00 |
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Discharge
firearm in City limits
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401.03g |
40.00 |
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Burning
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1600 |
25.00 |
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Tree/Busch trimming
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Home Policy I |
15.00 |
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Mowing
grass in street
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Home Policy II |
15.00 |
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Passed and
adopted by the City Council of
the City of Kiester on this
14th, day of April, 2008. |
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ATTEST:
_______________
_______________________
Roger Oldfather
Mayor Kari Jacobson, City Clerk
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