1. Municipal Infraction. 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.
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(Code of Iowa, Sec. 364.22[3])
2. Environmental Violation. A municipal infraction that 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])
A. A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. §403.8.
B. 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.
C. 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.
3. Schedule of Civil Penalties. Unless another civil penalty is provided elsewhere in this Code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties:
A. Schedule of maximum civil penalties:
First offense $750.00
Subsequent offenses $1,000.00
4. Each Day a Separate Offense. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense.
5. Alternative Relief. 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.
6. Alternative Penalties. 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.
(Code of Iowa, Sec. 364.22[12])
Notes
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1. Authority to Issue. Any Police Officer, the Fire Chief, the Building and Zoning Inspector, the Community Development Director, the Public Works Director or the WRA, as authorized pursuant to Title 8 Chapters 3A and 3B of this Code, may issue a civil citation to a person who commits a municipal infraction.
2. Serving Citation. The citation may be served by personal service or by certified mail, return receipt requested.
3. Filing of Citation. A copy of the citation shall be filed with the Clerk of the District Court.
4. Information Contained in Citation. The citation shall serve as notification that a municipal infraction has been committed and shall contain the following information:
A. The name and address of the violator.
B. The name or description of the infraction attested to by the officer issuing the citation.
C. The location and time of the infraction.
D. The amount of civil penalty to be assessed or the alternative relief sought, or both.
E. The manner, location, and time in which the penalty may be paid.
F. The time and place of court appearance.
G. The penalty for failure to appear in court.
H. The legal description of the affected real property, if applicable.
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