For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL CIVIL INFRACTION. A violation of a provision of this code for which the remedy and/or penalty is prescribed to be a civil fine or other sanction other than a criminal penalty. A MUNICIPAL CIVIL INFRACTION is not a lesser included offense of a criminal offense or of an ordinance violation that is not a civil infraction.
MUNICIPAL CIVIL INFRACTION DETERMINATION. A determination that a defendant is responsible for a municipal civil infraction by one of the following:
(1) An admission of responsibility for the municipal civil infraction;
(2) An admission of responsibility for the municipal civil infraction, “with explanation;”
(3) A preponderance of the evidence at an informal hearing or formal hearing;
(4) A default judgment for failing to appear at a scheduled appearance.
REPEAT OFFENSE. A determination of responsibility for a second, or any subsequent, municipal civil infraction with regard to the same code provision, committed by the same person within any three-year period, unless some other period is specifically provided with regard to a specific code provision.
RESPONSIBLE or RESPONSIBILITY. A determination entered by a court or magistrate that a person is in violation of a provision of this code prescribed to be a municipal civil infraction.
VIOLATION. Any act which is prohibited or made or declared to be unlawful or an offense under this code, including affirmative acts as well as omissions and/or failures to act where the act is required by this code.
(Ord. 158, passed 6-23-97)