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CR 2001-110Adopt Ordinance 01-859 ~ August 14, 2001 Council Report 2001-110 First Reading, Ordinance 01-859, Ordinance Amending Section 115 of the Hopkins City Code Proposed Action Staff recommends adoption of the following motion: Move to adopt Ordinance 01-859 for first readinq. Overview This is a housekeeping ordinance and is being done to bring Section 115.01 of the Hopkins City Code into compliance with Minnesota Statutes. Section 609.033 and 609.034 of the State Statutes increase the fine for misdemeanors from $700 to $1000 and give that same authority to cities. Section 609.0331 and 609.0332 increase the fine for petty misdemeanors from $200. to $300. Primary Issues to Consider . This is a minor housekeeping ordinance Supportina Information . Copy of Ordinance 2001-859 . Copy Minnesota Statutes Sections 609.0331, .0332, .033 and .034 Recommendation . Staff recommends adoption of Ordinance 2001-859 for first reading. ~~ Terry Obermaier, City Clerk Financial Impact: $ Budgeted: Y/N Related Documents (CIP, ERP, etc.): Notes: Source: CITY OF HOPIqNS Hennepin County, Minnesota ORDINANCE NO 2001-859 ORDINANCE AMENDING SECTION 115 OF THE CITY CODE THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: Section 115.01 shall be amended to read as follows: 115.01. General rule. A person who violates a provision of this code is guilty of a misdemeanor unless otherwise stated within this code. and upon conviction thereof may be punished by a fine of not more than $-+00 $1000 and imprisonment for a term not to exceed 90 days, or both. A person who is convicted of a petty misdemeanor may be punished by a fine of till to $300. Each act of violation and every day on which a violation occurs or continues is a separate violation. First Reading: August 21, 2001 Second Reading: September 4, 2001 Date of Publication: September 12, 2001 Date Ordinance Takes Effect: October 2, 2001 Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . Minnesota Statutes 2000, 609.033 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 609 609.033 Increased max~um penalties for misdemeanors. Any law of this state which provides for a maximum fine of $700 as a penalty for a misdemeanor shall, on or after August 1, 2000, be deemed to provide for a maximum fine of $1,000. HIST: 1983 c 331 s 7; 2000 c 488 art 5 s 5 copyright 2000 by the Office of Revisor of statutes, state of Minnesota. http://www.revisor.1eg.state.mn.us/stats/609/03 3 .html Page 1 of 1 04/09/2001 Minnesota Statutes 2000, 609.034 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 609 609.034 Xncreased maximum pena1ty for ordinance violations. Any law of this state or municipal charter which limits the power of any statutory or home rule charter city, town, county, or other political subdivision to prescribe a maximum fine of ' $700 or less for an ordinance shall on or after August 1, 2000, be deemed to provide that the statutory or home rule charter city, town, county, or other political subdivision has the power to prescribe a maximum fine of $1,000. HIST: 1983 c 331 s 8; 2000 c 488 art 5 s 8 Copyright 2000 by the Office of Revisor of statutes, state of Minnesota. http://www.revisor.1eg.state.mn.us/stats/609/034 .html .Page 1 ot 1 04/09/2001 ~ .Minnesota Statutes 2000, 609.0331 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 609 609.~331 Increased maximum pena1ties for petty misdemeanors. A law of this state that. provides, on or after August 1, 2000, for a maximum penalty of $200 for a petty misdemeanor is considered to provide for a maximum fine of $300. HIST: 1987 c 329 s 4; 1992 c 464 art 1 s49; 1994 c 636 art 2 s 13; 2000 c 488 art 5 s 6 Copyright 2000 by the Office of Revisor of statutes, state of Minnesota. http://www.revisor.leg.state.mn.us/stats/609/0331.html Page I ot I 04/09/2001 .. .Minp.esota Statutes 2000,609.0332 Minnesota Statutes 2000, Table of Chapters Table of contents for Chapter 609 609.0332 Increased max~ pena1ty for petty misdemeanor ordinance vio1ations. subdivision 1. Increased fine. From August 1, 2000, if a state law or municipal charter sets a limit of $200 or less on the fines that a statutory or home rule charter city, town, county, or other political subdivision may prescribe for an ordinance violation that is defined as a petty misdemeanor, that law or charter is considered to provide that the political subdivision has the power to prescribe a maximum fine of $300 for the petty misdemeanor violation. Subd. 2. Repealed, 1994 c 636 art 2 s69 HIST: 1987 c 329 s 5; 1991 c 199 art 2 s 1; 1994 c 636 art 2 s 14; 2000 c 488 art 5 s 7 Copyright 2000 by the Office of Revisor of statutes, state of Minnesota. http://www.revisor.leg.state.mn.us/stats/609/03 32.html .l:'age 1 or 1 04/09/2001