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Local News

'City court' to open in Rochester on Jan. 1

10/27/2009 10:30:17 AM

Comments (7)

By Jeffrey Pieters

Post-Bulletin, Rochester MN

Rochester is proceeding with plans to prosecute certain low-level crimes and ordinance violations with city-imposed fines.

City court explained

Why start a "city court?" It would give Rochester greater power to enforce its ordinances and avoid court delays.

What kinds of crimes would be subject to fines? Minor speeding, noise violations and texting-while-driving, to name a few. Housing codes and sidewalk standards could be added later. Recipients of fines can appeal and have their cases heard by a third party.

Also known as "city court," the fine system will be in place by Jan. 1.

It would put certain violations, such as minor speeding charges, noise violations and texting-while-driving under city jurisdiction, rather than in the courts.

The standard fine for violations would be $60.

What's ahead

In the future, violations of the housing code, rental regulations and sidewalk standards could be added to the mix.

"This gives us a chance to have a hearing scheduled within a matter of weeks, rather than months," said City Attorney Terry Adkins.

The groundwork for the program was set in place by voters, who in 2008 approved a ballot question authorizing the city to implement a system of administrative fines.

The city will enact the system gradually, to test it for problems, first with the police department.

"It's very easy to expand the ordinance," Adkins said. "But in terms of training someone (to enforce it), that may take some time."

Traffic violations

On Nov. 2, the city council will be asked to authorize a program giving police permission to prosecute these crimes using local fines:

• Speeding less than 10 mph over the posted limit;

• Violating stop signs or stop lights;

• Equipment violations, such as cracked windshields;

• Texting while driving.

Also, fines could be assessed for violators of city ordinances to do with alcoholic beverages, animal regulations, noise regulations, park regulations, Peace Plaza regulations, public nuisances, and refuse collection and disposal.

Initially, the only people authorized to issue fines would be police officers, community service officers, animal control officers and others authorized by City Administrator Steve Kvenvold and ratified by the city council.

Later, housing inspectors, public works staff, the city forester and others might be empowered to issue fines.

A person who receives a fine can appeal it within 10 days, and is entitled to a hearing before a hearing officer, a local attorney. The person appealing will share in the cost for the hearing, about $50, split evenly between the appellant and the city government.

Other cities that already have administrative fine systems have reported few appeals, city officials said.

Unpaid fines could be assessed to violators' property tax bills.

Police Capt. Brian Winters said the police department typically issues about 1,000 violations per year pertinent to the ordinance, about two-thirds of them have to do with animal control.

He suggested that drivers should not expect officers to write up a flurry of minor speeding tickets to make money for the city.

"Our goal has always been public safety is the issue," he said. "Not generating revenue, not tickets for the sake of tickets."

For state crimes, such as speeding, the city would be required to share one-third of the fine, or $20, with the state government. One-third of the remaining amount would go to the Police Department, with the rest going to the city's general coffers.

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There are 7 comments - Display All Comments

prohibiti
on_harms
Oronoco, MN

Posted on 10/27/2009 at 2:26:39 PM

This is not a money maker but we will engage all city employees to seek out offenders.

Later, housing inspectors, public works staff, the city forester and others might be empowered to issue fines

Who is he kidding. Good Luck Rochester you willnow have your own little SS squad.

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demeus
Rochester, MN

Posted on 10/27/2009 at 3:50:06 PM

Yeah, I have heard of hearings like this in other states too. You give up many of your constitutional rights (Supreme Court Approved) and the case becomes a he said/she said type case. Who will the officer believe. This is a way to grab money and nothing more.

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apollo13
rochester, mn

Posted on 10/27/2009 at 8:19:38 PM

It sounds like a ‘revenue enhancement program’.

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GOP507
Rochester, MN

Posted on 10/28/2009 at 3:58:11 AM

sounds good to me. The people breaking laws that are not enforced well now are more likely to get tickets...good. people better slow down, stop texting and actually STOP at stop signs!

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mamabear
Chatfield, MN

Posted on 10/28/2009 at 8:01:33 AM

It’s just an easy money maker for government since many people won’t fight the tickets. Don’t just give your money away, fight. Too many tickets being written for stupid things and not enough work being done on the hardened criminals. Keep picking on the petty offenders and ignore the big timers. Way to go. And folks, it’s not just happening here, it’s happening everywhere. And to think there weren’t enough officers before, what about now?

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bench rid
er
byron, mn

Posted on 10/28/2009 at 1:11:41 PM

It will be very easy for everybody to avoid this ‘revenue enhancement’. Don’t break the law...don’t text behind the wheel...stop at stop signs...obey the speed limit, etc. These are not stupid infractions that law enforcement makes up just to have something to do, they are REAL safety issues that also need addressing when the laws are broken.

I’m sure officers would like absolutely nothing to do, but that would only happen in a completely crime free society.

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schmittts
Rochester, MN

Posted on 10/28/2009 at 10:37:34 PM

I remember the last time the city asked all employees to help enforce the law. There was supposed to be a big concern about abandoned cars.

I couldn’t park on the street in front of my house for two weeks without it getting tagged. Mind you it was a legal place to park and I had license and insurance and I drove the car to work each day. It’s old but doesn’t leak. But anytime some inspector came down the street, he had to check it out and summon the police. An electrician doing contract work for the city even called the police because he wanted to park next to a junction box, but I was there. I still drive that car and I still park in front of my house.

Leave law enforcement to the professionals.

BTW, as I was typing this, one of the RPD SUVS came over the pedestrian bridge and down the bike path. Maybe I should take back the “professionals” remark.

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