4.5. SR 12-03-2018
Request for Action
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent December 3, 2018 Ron Nierenhausen, Chief of Police
Item Description Reviewed by
Parking Violation Transition from City Ordinance Cal Portner, City Administrator
to State Statute
Reviewed by
Action Requested
Approve, by motion, the adoption of Minnesota State Parking Violation.
Background/Discussion
On May 21, 2018, Chief Nierenhausen, and former Assistant City Attorney Derek Archambault,
presented the Council the merits of switching our current process of citing parking violations under city
ordinance to state statute.
The Council concurred our process would be benefited and changes were made to match the state
statute.
Financial Impact
N/A
Attachments
Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Underlines to be added
Ordinance 18 - ____
An Ordinance Amending Chapter, 74, Parking of the City of Elk River, Minnesota,
City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 74-91, Penalty for violation of certain sections of the City of Elk River Code
of Ordinances shall be amended to read as follows:
With the exception of parking regulations set forth in Minn. Stats. Ch. 169 and adopted
pursuant to section 74-94 herein, A a violation of any other section to which this section applies
shall constitute a petty misdemeanor, punishable by payment, upon conviction, of a fine to be set by
resolution. The fine shall be doubled if the fine is not paid within seven days, and/or if the violator
has received a parking violation within the last 30 days.
(Code 1982, § 1100.10(11))
State Law reference— Petty misdemeanors, Minn. Stats. § 609.0332.
SECTION 2. That § 74-94, Adoption of state law of the City of Elk River Code of Ordinances
shall be amended to read as follows:
(a) The city hereby adopts all parking regulations set forth in Minn. Stats. ch. 169 and
other applicable state laws.
(b) Violations of this section are punishable as provided in section 74-91.
(Code 1982, § 1100.10(7))
State Law reference— Stopping, standing and parking, Minn. Stats. § 169.32 et seq.; adoption by
reference, Minn. Stats. § 471.62.
Last Updated October 2018
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Underlines to be added
SECTION 3. That § 22-78, Fire lanes of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(a) The marking of fire lanes on private and public property, devoted to public use, shall
be approved by the chief of the fire department and/or the chief of police.
(b) Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at
all times. A violation of this subsection shall constitute a misdemeanor.
(Code 1982, § 207.16; Ord. No. 03-12, 7-14-2003)
Passed and adopted by the City Council of the City of Elk River this 3rd day of December, 2018.
______________________________
John J. Dietz, Mayor
ATTEST:
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Tina Allard, City Clerk
Last Updated October 2018