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.
† 2
(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
| 2 |
Loading...