Loading...
A violation of this Code of Ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.
(Code of Iowa, Sec. 364.22[3])
A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation. However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations:
(Code of Iowa, Sec. 364.22 [1])
1. A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8.
2. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products.
3. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.
A municipal infraction is punishable by the following civil penalties:
(Code of Iowa, Sec. 364.22 [1])
1. Standard Civil Penalties.
A. First Offense - Not to exceed $750.00
B. Each Repeat Offense - Not to exceed $1,000.00
(Ord. 2000 – Aug. 03 Supp.)
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an industrial user is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.
B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:
(1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.
(2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight (8) hours.
C. Any violation of the restrictions prohibiting blowing grass, leaves or snow into the street, “open burning”, illegal use of fireworks, curfew as defined in Chapter 46, or placing signs in the public right-of-way shall carry the following penalties.
(1) First Offense - $75.00 fine
(2) Second Offense - $300.00 fine
(3) Third Offense and subsequent offenses - $750.00 fine
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
(Ord. 2241 – Dec. 17 Supp.)
D. Any violation of “Chapter 48-Social Host Regulations” shall carry a penalty of $250 for the first offense and $500 for each subsequent offense within 2 years.
(Ord. 2161 – May 11 Supp.)
Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or if service cannot be made by either method, by posting a notice in a conspicuous place on the property and by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and the original citation shall be filed with the Clerk of the District Court. After filing the citation with the Clerk of the District Court, the City shall also file a copy of the citation in the office of the County Treasurer. If the petition is later amended to include other parties or other lands, the amended citation shall be similarly filed. The citation shall serve as notification that a civil offense has been committed and shall contain the following information
(Code of Iowa, Sec. 364.22 [4])
1. The name and address of the defendant.
2. The name or description of the infraction attested to by the officer issuing the citation.
3. The location, to include the street address and legal description of any real property, and time of the infraction.
4. The amount of civil penalty to be assessed or the alternative relief sought, or both.
5. The manner, location, and time in which the penalty may be paid.
6. The time and place of court appearance.
7. The penalty for failure to appear in court.
(Ord. 2167 – May 11 Supp.)
Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
(Code of Iowa, Sec. 364.22 [8])
This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means. All criminal violations, other than traffic citations, shall carry a minimum fine of three hundred dollars ($300.00) or a maximum fine of up to six-hundred twenty-five dollars ($625.00).
(Code of Iowa, Sec. 364.22[11])
(Ord. 2240 – Dec. 17 Supp.)