DISCLAIMER

 

PUBLIC SAFETY COMMITTEE


08-029-O


ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 2-18.2 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO PRE-CHARGE DEFERRAL.

CITY PROPOSAL:

The city of Duluth does ordain:

     Section 1. That Section 2-18.2 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 2-18.2.     Deferral authorized; fees and administrative charges.

     Subject to management and supervision, and applicable laws and standards, city officials and agents who enforce laws and regulations are authorized to utilize a procedure of pre-charge deferral and administrative fees and charges for any violation of the City Code or any other regulation or law they have jurisdiction to enforce, but only in compliance with state and federal civil rights laws and the city’s anti-discrimination policy, in instances where the circumstances indicate that justice and compliance can better be attained by deferral than by issuing a criminal charge. The city is not required to allow an offender to participate in a deferral program. The administration is authorized to set standards and procedures for the use of pre-charge deferral and administrative fees and charges and an appeal process. In the case of parking violations, the administrative penalty charge can be assessed and, in addition, the vehicle can be detained or removed and the offender is not required to participate in a deferral program. The city is authorized to charge each participant a reasonable administrative fee for participation, the amount of the fee to be set by resolution of the city council. In the case of violations involving buildings or improvements to property, any unpaid fee or charge may be assessed against the property affected and collected as set out in Section 70 of the Charter. The city’s human rights officer shall monitor the program for compliance with civil rights standards.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.


POLICE/ATTY

 

STATEMENT OF PURPOSE:  This amendment authorizes the use of pre-charge deferral as an enforcement tool for offenses the city enforces that are in addition to City Code violations. Many acts violate both City Code and other laws. Language is made more clear. Collection by assessment is authorized.