Summary of Ordinance
|Purpose. Administrative offense and hearing procedures established pursuant to this ordinance are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal prosecution.|
|An Administrative Offense is a violation of a provision of this code and is subject to the administrative penalty as established by council resolution. An administrative penalty is a civil fine imposed against a violator as a penalty for the commission of an administrative offense.|
|Notice. Upon determining that an administrative offense has been committed, the violator will be notified by personally serving a notice of administrative offense upon the violator. The notice will include the nature, date, and time of the violation, the name of the official issuing the notice, and the amount of the penalty.|
|Payment. Once notice is given, the alleged violator may pay the amount set forth within seven days of the time of issuance or notify the City in writing that they contest the notice of violation. The penalty may be paid in person or by mail to the City Clerk and shall be deemed to be an admission of the administrative offense.|
|Criminal Prosecution Option Retained. At any time prior to the payment of the administrative penalty, the City may initiate a criminal prosecution for an alleged violation. Likewise, the City may choose not to utilize the administrative offense procedures and may initiate a criminal prosecution in the first instance.|
|Contested Case. Within 7 days of the time of issuance, a person contesting an administrative offense pursuant to this Section may request a hearing before the administrative penalty review board. The review board has the authority to dismiss the administrative offense or to reduce or waive the administrative penalty. If the review board sustains the administrative penalty, the decision shall be issued in writing and personally served upon the alleged violator, who will have 7 days from the date of service of the decision to pay the administrative penalty.|
|Notice of Hearing. The review board must personally serve a written notice of the hearing date, place and time upon the alleged violator 10 days prior to the hearing, unless a shorter time is agreed on by all parties. A written notice may be sent to the alleged violator’s last know address, however an additional 3 day must be assed to the notice period.|
|Failure to pay. In the event a party served with a notice of administrative offense fails to pay the penalty or request a hearing, a petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes, and if applicable, the fine may be levied as an assessment against the property owner.|
|All penalties collected pursuant to this chapter may be deposited in the City’s general fund.|
|Offenses. Which may be charged as administrative offenses and the administrative penalties for such offenses may be established by Council resolution.|
|Subsequent Offenses. First offense: administrative penalty as specified by Council resolution; 2nd offense within 12 month period; 3rd offense within a 12 month period for the same administrative offense shall have a 50% increase over the established penalty.|
|Persons with authority to enforce administrative offense. An officer of the Faribault County Sheriff Dept., Maintenance Supervisor, City Clerk-Treasurer, City Mayor, or any Council Member.|
Parking, Section 200.04: It shall be unlawful to park any semi tractor or trailer on any street in
Kiester, with the exception of Front Street.
Section 200.06: It shall be unlawful for any vehicle to
be parked upon any street or alley after each snowfall until the road is cleaned curb to curb.
Abandoned Vehicles, Section 203: It is unlawful to park or store any unlicensed, unregistered, or
inoperable vehicle, or parts or components thereof on any property, public or private unless
housed in a building.
Nuisances, Section 401:
o 401.03a all snow or ice not remove from public sidewalks 24 hours after the snow or
other precipitation, causing the condition, has ceased to fall.
o 401.03b Accumulations in the open of issued, inoperable machinery or vehicles,
household appliances or other material in a manner conducive to the harboring of rats,
mice, snakes or vermin, or the fire, health, or safety hazards from such accumulation or
the rank growth of vegetation among the items accumulated. 401.03d depositing of
garbage or refuse on a public right of way or on adjacent private property.
o 401.03g Any person who shall discharge any gun, pistol, revolver, or any firearms within
the corporate limits.
o 4010.03 Grass and weeds taller than 6 inches shall be considered a nuisance and also
shall be in violation of this section.
Animals, Section 500
o 500.02 Licensing, No person shall own, keep or harbor a dog or cat unless such dog or
cat is licensed as provided herein.
o 500.03 Limitation, It is unlawful for any person to own, keep, care for, have custody of
or knowingly permit at any time more then 3 dogs and 3 cats in or about their residence
or any other location under the person’s control within the City. This section shall not
apply to the following: A litter or pups or kittens less then 3 months of age born to a
licensed dog or cat, a kennel licensed by the Minnesota Board of Animal Health that is
located in an appropriately zoned area, a licensed veterinarian, a City or Humane Society
owned and operated animal shelter.
o 500.09 Restraint of Animals, No dogs or cats shall be allowed to be at large in the City.
o 500.10 Barking, No person shall keep or harbor an animal which habitually barks or
howls or otherwise constitutes a nuisance.
Curfew, Section 600.01: No person under the age of 16 years shall be allowed to loiter on any
public highway, street alley, park or public lands or any public place of business within the City of
Kiester after the hour of 10PM or before the hours of 5AM unless accompanied by a parent or
guardian. Section 600.02: No person between the ages of 16 and 18 shall be allowed to loiter on
any public highway, street, alley, park or public lands or any public place of business within the
City of Kiester after the hour of 12Am or before the hour of 5AM unless accompanied by a parent
Burning, Section 1600.01: It shall be unlawful for any person to set or maintain within the City
of Kiester any fire for the purpose of burning waste or refuse. Section 1600.9A, Recreational
campfires that are held on owner’s property cannot be more than a 3 foot by 3 foot radius.
Campfire wood is the only fuel used.
Tree/Bush trimming, Policy I: It is the policy of the City of Kiester that in the fall of each year
letters will be sent out to residents with low hanging tree branches. Residents will be responsible
for trimming their won trees. Trees not trimmed by stated date in the letter will be charged by the
City for trimming trees.
Grass Clippings, Policy II: It is the policy of the City of Kiester that no grass clipping will be
mowed on to the streets of Kiester
CITY OF KIESTER
WHEREAS, Ordinance No. 2100, Section 1 of the Kiester City Code states that Administrative Offenses
and the administrative penalties for such offenses shall be established by Resolution as set periodically by
the City Council.
WHEREAS, said Ordinance authorizes the City Council of the City of Kiester from time to time to
identify administrative offenses and establish administrative penalties for such offenses.
WHEREAS, Said Ordinance provides for increased administrative penalties for the commission of
additional administrative offenses of the same type within a 12 month period; and that the administrative
penalty may be levied as an assessment against the property owner.
NOW THEREFORE, BE IT RESOLVED, by the City Council for the City of Kiester, Minnesota, that
the following administrative offenses and administrative penalties are hereby adopted effective April 14,
|Passed and adopted by the City Council of the City of Kiester on this 14th, day of April, 2008.|