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HomeMy Public PortalAbout1998-03585 Member Thies introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.98-35 RESOLUTION DESIGNATING CHIEF OF POLICE AS PRIMARY HEARING OFFICER FOR SPECIFIED VIOLATIONS OF TOBACCO ORDINANCE WHEREAS, the city council of the city of Medina (the "City") recently adopted a comprehensive modification of its ordinance regulating tobacco, tobacco products and tobacco related devices, and WHEREAS, the ordinance amendment was codified as sections 615 et seq. of the Medina Code of City Ordinances; and WHEREAS, the ordinance authorizes the city council to impose certain administrative penalties in lieu of criminal prosecution for violations of the ordinance; and WHEREAS, section 615.19, subds. 2, 3, 4 and 5 of the ordinance makes illegal certain acts by minors regarding the possession, use or purchase of tobacco, tobacco products and tobacco related devices; and WHEREAS, section 615.23, subd. 3 of the ordinance allows minors found to be in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco related devices to be required to serve up to 100 hours of community service as an alternative to criminal prosecution; and WHEREAS, the City believes it would best serve the interests of justice and the efficient enforcement of the ordinance if minors accused of violating the above provisions of the ordinance be adjudicated initially by the chief of police rather than the city council. NOW, 'I liEREFORE, BE IT RESOLVED by the city council of the city of Medina, RHB-146144 98-35 ME230-5 07-07-98 86 Minnesota, as follows: 1. The chief of police is hereby appointed as the designee of the city council for all matters involving minors accused of violating sections 615.19, subds. 2, 3, 4 or 5 of the city's tobacco ordinance and who may be required to perform community service under section 615.23, subd. 3 of the ordinance. In such cases, the chief of police shall have all the powers which the city council would have under the ordinance to impose a civil penalty of up to 100 hours of community services in lieu of criminal prosecution. 2. Any minor aggrieved by a decision of the chief of police in such instance may appeal the decision to the city council by providing written notice to the city clerk within 10 days of the date of receipt of written notice of the decision by the chief of police. 3. The chief of police shall have any and all additional powers and authority as may be necessary or convenient to carry out the intent of this resolution. Dated: July 21, 1998. ATTEST: Paul Robinson, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow and upon vote being taken thereon, the following voted in favor thereof Ferris, Hamilton, Johnson, Thies, and Zietlow and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. RHB-146144 ME230-5 98-35 07-07-98