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