Shoreview authorizes use of administrative citations for traffic offenses
Posted on 09. Feb, 2010 by Chris Dohman in City Council, Meeting, Public Safety, Ramsey County, Ramsey County Sheriff Department
That Ramsey County Sheriff’s Deputy may have let you go that last time they saw you going 37 miles per hour down Tanglewood Dr because they didn’t want to stick you with a $130 ticket. But now they have a new tool in their belt that just might get you to slow down without breaking your bank.
The City of Shoreview on Monday, February 1 adopted resolution No. 10-09 authorizing the use of administrative citations for certain traffic offenses and adopted Ordinance No. 862 adding Section 904 – Administrative Citations to the City Code.
This means you can now get an administrative citation for speeding under 10 MPH in excess of the speed limit, stop line violations and minor equipment violations and it will cost you a $60 fine instead of a full state citation which would be more than double that. The Sheriff’s Department as well as the Shoreview City Council believe the use of administrative citations will be an effective tool in their efforts to reduce traffic speeds in problematic residential areas where residents want people to slow down.
“This is not a big revenue generator for the city, and in fact with the way that the legislation was crafted the state is getting a large percentage, the administration of it is expensive,” said Shoreview Mayor Sandy Martin. “Its going to be a helpful way to address the problem.”
An administrative citation carries only a financial penalty and will not be recorded on your driving record. It is a cost-effective alternative to traditional criminal charges for violations of certain state traffic law provisions.
The Ramsey County Sheriff’s Department will manage the entire administrative citation program. This includes the issuance of citations, collection of fines, distribution of fine revenue to Shoreview and to the state, and the establishment of a 3rd party hearing process. Details of the fines and distribution of the fine is as follows.
The new law requires that a city impose a fine of $60 per citation. When a city peace officer issues the dministrative citation, the fine must be shared with the state in the following manner: two-thirds of the fine ($40) remains with the city that issued the administrative citation and one-third of the fine ($20) must be paid to the state Commissioner of Finance for deposit into the state’s general fund. Furthermore, one-half of the city’s share of the fine ($20) must be used for law enforcement purposes. The new law specifically requires that the funds “be used to supplement but not supplant any existing law enforcement funding.”
Other Ramsey County cities patrolled by the Ramsey County Sheriff including Arden Hills, Gem Lake, Little Canada, North Oaks, Vadnais Heights & White Bear Township have also authorized, or are considering the move to using administrative citations. During the 2009 Legislative session, the State Legislature approved legislation permitting cities to use administrative citations.
FAQ on administrative citations
These FAQ were originally published in the League of Minnesota Cities Administrative Traffic Citations Tool Kit1) For what types of traffic violations may the city issue administrative citations under the new law?
Cities may issue administrative citations for violations of Minn. Stat. § 169.14 where the speed of the vehicle is under 10 miles per hour in excess of the lawful speed limit. The actual speed of the vehicle must be listed on the citation, and peace officers may not reduce the recorded speed for the purposes of issuing an administrative citation.
It is important to note that Minn. Stat. § 169.14 generally prohibits speeding above the posted limit, but also prohibits: operating a vehicle at a “speed greater than is reasonable and prudent under the conditions” or without due care; failing to reduce speed when approaching or passing an authorized emergency vehicle stopped with emergency lights flashing; failing to reduce speed when approaching and crossing an intersection or railway grade crossing; failing to reduce speed when special hazards exist (such as pedestrians, other traffic, weather or highway conditions); driving slower than a posted minimum speed; and selling, offering for sale, using, or possessing any radar jammer in Minnesota. It is important to note that issuance of an administrative citation for reasons other than simple speeding under Minn. Stat. § 169.14 remains subject to the 10-mile-per-hour limit. Specifically, if the citation for failing to reduce speed in adverse weather conditions involves speeding that is greater than 10 miles per hour over the limit, the officer should not issue an administrative citation.
Cities may also issue administrative citations for stop line violations under Minn. Stat. § 169.30 and for violations of Minn. Stat. §§ 169.46 to 169.68 and Minn. Stat. §§ 169.69 to 165.75. These sections relate mainly to violations of the law on required vehicle equipment, including but not limited to: hitching a toboggan, hand sled, bicycle, or other similar device onto any motor vehicle while being used on a street; driving vehicles in an unsafe condition as to endanger any person; wearing headphones or earphones that are used in both ears while driving; texting while driving; failing to use lights while driving at night or bad weather; having broken tail/brake lights; failing to use a red flag on a projecting load; failing to use a slow moving vehicle sign; having loud mufflers and exhaust systems not in good working order; having cracked or obstructed windshields; and using unsafe or unauthorized metal studded tires.
Due to state and federal law, persons who have a commercial driver’s license or who are driving a commercial vehicle at the time of the citation may not be issued an administrative citation. These individuals must be issued a regular state criminal citation for the traffic offense.
2) Are peace officers required to issues administrative citations under the new law?
Cities are not required to issue administrative citations under the new law. The process is entirely optional. Cities that believe that administrative citations make sense for them may adopt a resolution to issue such citations. In addition, where administrative citations have been adopted, the city cannot require, by ordinance or otherwise, that peace officers issue administrative citations.. Under the new law, peace officers always have the discretion to issue an administrative citation, give a warning, or issue a state criminal ticket. In addition, cities may not set quotas that require or suggest that an officer issue a certain number of administrative citations.
3) Does this new law preclude city administrative citations for non-traffic offenses?
The new law does not preclude the use of administrative citations for non-traffic offenses. Cities may still issue administrative citations pursuant to local ordinance for non-traffic matters such as liquor licensing ordinance violations, nuisance and animal ordinance violations, etc. However, the new law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative citations for other violations of Minn. Stat., ch. 169.
4) Can we just keeping using our current administrative citations system for traffic offenses?
It is highly likely that cities that are currently issuing administrative citations for Minn. Stat., ch. 169 traffic offenses will need to cease or drastically revamp their existing citation program. The new law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative citations for other violations of Minn. Stat., ch. 169. The new law also requires a city to use a new prescribed uniform citation form designed by the Commissioner of Public Safety. Finally, the statute requires a set administrative fine of $60, mandates how the fine must be divided between the city and state, and requires the city to spend at least one-half of its fine revenues on law enforcement purposes.
5) How can I order the uniform administrative traffic ticket?
The state has selected Forms & Systems of MN, located in Minnetonka, to print the uniform administrative traffic citations, which cities can purchase through the state Cooperative Purchasing Venture (CPV) program. The CPV contract number is P-941(5), and the title is Printing: Administrative Traffic Citations. (Cities may also use the vendor of their choice to create the citations using the template on page 17 of this tool kit.) A city that wishes to purchase ticket books through the state contract must register for a free CPV membership. To learn more about CPV membership and access the CPV contract, visit www.mmd.admin.state.mn.us/process/contract/CPVContractsList.asp.
6) What is a stop line violation? The new law states that cities may issue administrative citations to vehicle operators who “fail to obey a stop line.”
A stop line violation is not a failure to stop completely as directed by a stop sign or traffic control signal. A regular criminal citation must still be issued for this type of traffic violation. According to the Minnesota Manual on Uniform Traffic Control Devices, a stop line is a solid white line extending across approach lanes that indicates where vehicles are required to stop in compliance with a stop sign, traffic control signal, or some other traffic control device. An administrative citation for a stop line violation may be issued to a vehicle operator who fails to heed the direction for where to stop, presumably by driving over the line.
7) Does the new law apply to charter cities?
The new law applies to all Minnesota cities, including charter cities.
8 ) Does the new law apply to violations of city traffic ordinances that are not offenses under Minn. Stat., ch. 169? For example, cruising, excessive acceleration, or jake braking?
Cities have ample authority to adopt regulations to “regulate the use” of city streets in a manner that is consistent with Minn. Stat., ch. 169. Some cities have adopted traffic ordinances on subjects not regulated by Minn. Stat., ch. 169 and may be currently imposing administrative fines for violations. For example, cities may have ordinances prohibiting cruising, jake braking, or excessive acceleration. Under the new law, cities may continue to issue city administrative citations for these types of local ordinance violations consistent with city ordinance. However, cities may not use the new uniform administrative citation designed by the Commissioner of Public Safety for these types of citations. Cities must develop or continue to use their own citation form for these violations.
9) Does the new law apply to local parking ordinance violations?
The new law specifically lists out the traffic offenses under Minn. Stat., ch. 169 for which an administrative citation may be issued (see No. 1 above), and specifically prohibits the issuance of administrative citations for other violations of Minn. Stat., ch. 169. Parking violations are not specifically listed as an offense for which the new uniform administrative citation can be issued. However, cities may still issue local administrative citations for parking violations because Minn. Stat. § 169.04 specifically states “the provisions of this chapter [Minn Stat., ch. 169—including Minn. Stat., § 169.999] shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction . . .and within the reasonable exercise of the police power from . . . regulating the standing or parking of vehicles.”
10) Are there limits on how we use the funds from administrative fines?
The new law requires that a city impose a fine of $60 per citation. When a city peace officer issues the administrative citation, the fine must be shared with the state in the following manner: two-thirds of the fine ($40) remains with the city that issued the administrative citation and one-third of the fine ($20) must be paid to the state Commissioner of Finance for deposit into the state’s general fund. Furthermore, one-half of the city’s share of the fine ($20) must be used for law enforcement purposes. The new law specifically requires that the funds “be used to supplement but not supplant any existing law enforcement funding.”
11) Are there any special requirements related to accounting for funds?
The new law requires cities to track both the number of citations issued and to separately account for any fine revenues in all city financial reports, summaries, and audits.
13) What is a neutral third-party hearing officer?
The new law requires that the city inform the recipient of an administrative citation of his or her right to challenge the citation, provide a “civil process” for challenges, and provide a “neutral third party to hear and rule on challenges” to a citation. The law does not provide a definition for a “neutral third party” or provide extensive guidance for cities. However, a common understanding of “neutral” would require that the hearing officer be impartial to both the interests of the city and the recipient of the citation. In addition, a common understanding of “third party” would require that the hearing officer not be one of the principal participants in the controversy (the city or the citation recipient). As a result, the hearing officer should most likely not be the city council as a whole, an individual council member, or a higher-level city officer such as the city administrator or clerk. The neutral third party should be someone hired by the city to specifically handle challenges to citations.
14) What can the city do if someone refuses to pay the fine?
If a citation recipient does not pay the fine, the city may choose to dismiss the administrative citation and issue a state criminal traffic citation instead. In the alternative, the city may use traditional debt collection methods. There is, however, no authority in the new law for cities to specially assess the fine against real property for payment as taxes.
15) Where can I get more information on administrative citations?
The League of Minnesota Cities (LMC) has developed the Administrative Fines Tool Kit, which is available upon request or can be accessed at www.lmc.org. Please contact Anne Finn at (651) 2811263 or afinn@lmc.org, or the LMC Research Department at (651) 281-1200 or (800) 925-1122 for more information.
