1k. Ordinance Authorizing Non-Licensed personnel to issue Citations 1
CITY OF I k
1111; CHANHASSEN
r ,
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
Y (612) 937-1900
1 MEMORANDUM
TO: Don Ashworth, City Manager
I Lute Sal t
FROM: Jim Chaffee, Public Safety Director
Li to fvu r
DATE: July 13 , 1988
ra.1-S-&f
SUBJ: Ordinance Authorizing Non-licensed Personnel to Issue
Citations
i
At the Council Meeting on November 2 , 1987 , an ordinance was
passed authorizing non-licensed personnel to issue citations .
1 Somewhere during the process , however, the ordinance was not
published and no follow through was completed. Although not very
common, sometimes these issues will fall through the cracks and
will be picked up at some later date. Unfortunately in this
1 case, a new City Code has been passed rendering this particular
ordinance obsolete.
1 While the issues are entirely the same as they were in November
1987, our City Attorney has recommended that it be brought once
again before the Council for approval. He further suggested that
the City Council at their discretion could waive first and second
readings and pass as is since it was approved in principal late
last year.
1 Recommendation
It is Staff' s recommendation to approve the attached ordinance
1 amending Chapter 2 of the Chanhassen City Code authorizing certain
officials to enforce the City Code and to issue citations .
Because of the previous passage by Council on the consent agenda
on November 2 , 1987, it is further recommended that City Council
1 waive first reading requirements .
1
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1
/1, 177 -1
CHANHASSEN CITY COUNCIL I
REGULAR MEETING
ir- NOVEMBER 2, 1987
Mayor Hamilton called the meeting to order. The meeting was opened with II
the Pledge to the Flag.
MEMBERS- PRESENT: Councilman Boyt, Councilman Horn and Councilman Geving
II
MEMBERS ABSENT: Councilman Johnson
STAFF PRESENT: Gary Warren, Barbara Dacy, Jo Ann Olsen, Lori Sietsema, II
Larry Brown, Todd Gerhardt and Jim Chaffee
APPROVAL OF AGENDA: Councilman Boyt moved, Councilman Geving I
approve the agenda as presented with the following g secronded to
ng additions: Councilman
Boyt wanted to discuss litter at Chan Vista, the Frontier Trail barricade
II
and a proactive enforcement of city ordinances; Councilman Horn wanted to
give a update on the Met Council meeting he attended and also a reminder on
the House Transportation meeting; and Councilman Geving wanted to discuss
postal addresses and public information. All voted in favor of the agenda II
as amended and motion carried.
CONSENT AGENDA: Councilman Geving moved, Councilman Horn seconded to I
approve the following consent agenda items pursuant to the City Manager's
recommendations: II
b. Final Plat Approval, King Addition, Karen King.
e. Ordinance Authorizing Non-Licensed Personnel to Issue Citations. II
g. City Council Minutes dated October 19, 1987
Planning Commission Minutes dated October 14, 1987
II
Public Safety Commission Minutes dated October 22, 1987
h. Downtown Construction Project, Specialty Construction Items,
Reject Bids Received. I
All voted in favor and motion carried.
II
CONSENT AGENDA: (a) Eight Acre Woods, Robert Sommers:
1. Final Plat Approval II
2. Plans and Specifications, Phase 1
3. Development Contract, Phase 1
Councilman Boyt: I'd really like to look at (a) (2) a
( ) and ( ) (3). As I 1.
recall Eight Acre Woods is located right in the heart of an area where
II
there are other residents already existing. I would like to see us change,
under (a) (2.6) where it talks about working hours 7:00 a.m. to 6:00
p.m
I'd like to see us include Saturdays on that. I know we've had this I'
discussion previously. I think when we're in a residential area we should
1 6
•a^Y` sf v'J- so-•- .474' A4 i` i A'1:.i.
U N.611
CITY OF
1 \ : ..,. .,..„ .. •/ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA A 55317
I . (612) 937-1900
IMEMORANDUM
II TO: Don Ashworth, City Manager
_. /01-,-..k-.7-W-7
FROM: Jim Chaffee, Public Safety Director .
IIDATE: October 28 , 1987 /!- -
SUBJ: Ordinance Authorizing Non-Licensed Personnel to Issue
IICitations
Ion August 1 , 1987, a new law went into effect that severely
restricts certain police related activities by non-licensed per-
sonnel. I have included a copy of an analysis by the POST Board
of this new law. It does have a direct effect on the operations
II of Public Safety.
•
Some procedural changes will have to be made, but the most impor-
II tant issue is to pass an ordinance allowing non-sworn and non-
licensed personnel to issue citations .
II
II .
II
II
I
II
II
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M .6.6),
NNt• . CHANHAS F-m
MINNESOTA BOARD OF
PEACE OFFICER STANDARDS AND TRAINING Executive Director
333 SIBLEY STREET(SUITE 495) (612)296-2620
ST. PAUL,MINNESOTA 55101
DATE: July 15, 1987
)L
TO: Chief Law Enforcement Officers =w=
jir �;•
FROM: Mark K. Shields `,-,..'
Executive Director " .' -
SUBJECT: UNAUTHORIZED PRACTICE -'4'
r ..
This letter is to inform you of the provisions of an important bill passed
during the 1987 Legislative Session. I am referring to Chapter 334, commonly ..
known as the Unauthorized Practice legislation. This new law will take effect
on August 1, 1987. It has significance for every law enforcement agency and >.
officer in our state. I encourage you to familiarize yourself with it thor— .1
oughly and to contact me if you have any questions about it. Please share this •4•: ,
information with the licensed officers within your agency.
Background ;7_
A decision was made by law enforcement representatives of the various law
enforcement associations prior to the 1987 session, to seek a bill which would
assist the law enforcement profession to prohibit non—licensed individuals from :;.4
practicing law enforcement. The easy way to accomplish this seemed to be a 1,matter of simply writing into law a provision that would make it a misdemeanor ,_4
to practice law enforcement without a license. The sticky issue, however, was plts
arriving at a consensus as to what the "practice" of law enforcement actually
is. Common sense and the historical development of our field have established , .
the day—to—day duties and responsibilities of the job as we know it today. 4. _
Unfortunately, statutory law until now did not contain the practical components r..
of these duties and responsibilities. Therefore, we found ourselves faced with '
the task of identifying and writing into law the duties and responsibilities —:-,t .
which would fall only within the scope of a peace officer, part—time peace
officer or constable. We settled on three components which we considered to
constitute the basis for common sense areas which are germane to the practice of I—,. .
law enforcement. We addressed the following questions and sought legislation ,.=r'�';
which provided reasonable answers to them.
1. Who. through the use of marked squad cars, should be permitted to ='a
stop the motoring public?; .4#
2. Who should be permitted to operate marked squad cars?; and ` a ''
3. Who should be permitted to issue citations and court notices? - _-
iiy �. _ AN EQUAL OPPORTUNITY EMPLOYER ;.
MM
litPage Two
4
III The substantive elements of the bill are found in Sections 1, 5 and 6. These
sections and comments about each are provided below.
SECTION 1 of the bill addresses the first two questions.
.
Subd. la. [VEHICLE STOPS. ] Except as otherwise permitted under sec-
.
Itions 221.221 and 299D.06, only a person who is licensed as a peace,
officer, constable, or part—time peace officer under sections 626.84
to section 6 may use a motor vehicle �'
I governed � subdivision 1 to stop 1
a vehicle as defined in section 169.01, subdivision 2.
Comment: Only licensed peace officers, part—time peace officers and constables
11 have authority to stop vehicles! 221.221 and 299D.06 refer to state employees
involved in truck enforcement. This provision permits these employees to con-
tinue on with their unique duties as specified in their particular sections of
statute.II Subd. lb. [OPERATION OF MARKED VEHICLES. ] Except as otherwise
mitted under sections 221.221 and 299D.06, a motor vehicle per-
sovarn by
subdivision 1 may only be operated b y person licensed as a a peace
� peace
II officer, constable, or part—time peace officer under sections 626.84
to section 6. This prohibition does not apply to the following:
I (1) a marked vehicle that is operated for maintenance purposes only;
(2) a marked vehicle that is operated during a skills course approved
hz the peace officers standards and training board;
I (3), a marked vehicle that is operated to transport prisoners or
equipment; or(4) a marked vehicle that is operated la a reserve officer providing
IIsupplementary assistance at the direction of the chief law
enforcement officer or the officer's designee, when a licensed
II dace officer as defined in section 626.84, subdivision IL para-
graph (c), who is employed by that political subdivision, is
duty within the political subdivision. — —
IComment:m ent: This section spells out some of the needed common
who has authorization to drive around in marked squad cars. sense ddraweyouroat n—
q your atten-
tion to exemption #4. This area addresses the use of reserve officers
(co
y
(com-
munity service officers and other non—licensed auxiliary who
II heretofore, as a matter of assignment, have driven marked squad cars. The
intent of the new law is to allow reservists and others to use marked vehicles
if they are on special assignment, for example, driving from point A to point B
in order to direct traffic at a parade. Another example would be the use of the
Imarked vehicle to proceed on a specific assignment such as vacation home checks.
On the other side of the coin, the intent was to prohibit non—licensed personnel
from getting into marked squads and proceeding with an assignment of routine
II
.v..
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P� Page Three
f
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patrolling. Patrolling, pulling a shift of preventative patrol, is now statu-
torily authorized for only peace officers, part—time peace officers and
constables.
SECTION 5 addresses the third question.
Sec. 5. [626.862] [POWERS OF LAW ENFORCEMENT OFFICERS. ]
Except as specifically provided by statute, only, a peace officer, con-
stable, and part—time peace officer may:
(1) issue a citation in lieu of arrest or continued detention unless
----------•-4specifically authorized la ordinance;
jj ask a person receiving a citation to give a writen promise to ` "
appear in court; or
(3) take a person into custody as permitted by section 629.34. 11—
Comment: Numbers 2 & 3 from above are reserved exclusively for licensed ,,
' officers. Number 1 permits non—licensed personnel to issue citations if
authorized to do so by ordinance. This needs some explanation because you might x11` •
be thinking that non—licensed personnel such as building inspectors, animal
control officers, and fire prevention personnel have been issuing citations all ~'
;r
along without having ordinance authority to do so. Does this now mean you will
have to seek an ordinance to continue on with something you have been doing all
along? The conservative answer, in my opinion, is yes. This is a case where
agencies may have been doing certain things where the authority to do so may
have been, as they say, hazy. Legislators legally cannot grandfather in 11
authority if the authority legally doesn't exist. Therefore, their sentiment
was to let the local officials decide to whom they want issuing citations. They
recognized the implications for liability and felt that the decision as to who
at the local level should be writing citations was best made by local officials
rather than the state. <
°
SECTION 6 of the bill
is the Unauthorized Practice
section and is farily straight forward.
. Sec. 6. [626.863] [UNAUTHORIZED PRACTICE. ] �',°
(a) A person who is not a peace officer, constable, or part—time
peace officer is guilty of a misdemeanor if the person: (1) :: �
makes a representation of being a peace officer, constable, or I
part—time peace officer, or (2) performs or attempts to perform
an. act, duty, or responsibility reserved by law for licensed
peace officers, constables, and part—time peace officers. r1
(b) The board shall designate the appropriate law enforcement agency 11,
to investigate violations of this section. The attorney IA
y general .-
shall
prosecute violations of this section.
Summary. We believe the new law to be workable and it should eliminate a great
deal of confusion. As with all new legislation, I urge f4
g g you to share this infor— �z
mation with your legal counsel. :>> ;�
MKS:mb
_ -_
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It
LAW OFFICES
GRANNIS, GRANNIS, FARRELL & KNUTSON
DAVID L. GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER.
DAVID L. GRANNIS,JR. 1910-1980 POST OFFICE BOX 57 (612)455-2359
IVANCE B. GRANNIS
VANCE B. GRANNIS, R. M.CECILIA RAY 403 NORWEST BANK BUILDING DAVID L. HARMEYER
j 161 NORTH CONCORD EXCHANGE EwoT7 B. KNETSCH
PATRICK A. FARRELL
SOUTH ST. PAUL, MINNESOTA 55075 MICHAEL J. MAYER
DAVID L. GRANNIS,III
ROGER N. KNUTSON TELEPHONE: (612)455-1661 .
October 14, 1987
II
Mr. Jim Chaffee
I Public Safety Director
City of Chanhassen
690 Coulter Drive
P. O. Box 147
I
Chanhassen, Minnesota 55317
Re : Ordinance authorizing issuance of citations by City
IEmployees
Dear Jim:
IEnclosed please find Ordinance Amending Chapter 2 of the City
Code authorizing certain City officials to enforce the City
Code and to issue citations . Please call if you have any ques-
I tions.
IIVery truly yours ,
GRANNIS , GRANNIS , FARRELL
11 & KNUTSON
By: /
IElliott B. Knetsch
EBK/klt
Enc.
I
I
REC. .:-:�D
I OCT 15 1987
IICITY OF CHANHASSEN
I 4.
'4?A..Yn:.
,0
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES , MINNESOTA
ORDINANCE NO. _:-
AN ORDINANCE AMENDING CHAPTER 2 OF THE CHANHASSEN
CITY CODE AUTHORIZING CERTAIN OFFICIALS TO ENFORCE '%
THE CITY CODE AND TO ISSUE CITATIONS
«it
The City Council of the City of Chanhassen ordains as follows :
Section 1 . Chapter 2 , Article 2 of the Chanhassen City Code
is amended by adding a new section to read as follows :
a:
Sec . 2 - 20 : Enforcement of City Code: IA
The Public Safety Director, Peace Officers , part-time Peace
Officers, Reserve Officers, Community Service Officers,
Zoning Administrator, Building Inspector/Official , Public
idWorks Director, and Fire Inspector Officers within their
job descriptions or as otherwise authorized by Ordinance
are expressly authorized to institute in the name of the
City of Chanhassen any appropriate actions, civil or
criminal , including the issuance of a citation in lieu
of arrest, against a person, firm or corporation who
violates any provision of this City Code. Pursuit of one Id
remedy shall not bar or act as a limitation on any other
remedy the City of Chanhassen may have at law.
Section 2 . This Ordinance shall be effective immediately upon
its passage and publication according to law.
PASSED AND DULY ADOPTED this day of
1987 , by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
By:
Thomas Hamilton/Mayor
lili
ATTEST:
Don Ashworth
City Administrator/Clerk
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