A. Definitions:
MUNICIPAL INFRACTION: Except 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, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this code, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by this code, or any ordinance or code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.
OFFICER: Any employee or official authorized to enforce the code of ordinances of the city of Dubuque.
REPEAT OFFENSE: A recurring violation of the same section of the code of ordinances. (2007 Code § 1-15)
B. Penalties:
1. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this code:
SCHEDULE OF CIVIL PENALTIES
First offense | Not to exceed $750.00 | |
All other repeated offenses | Not to exceed $1,000.00 |
2. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
3. 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 as provided in the code of Iowa. (Ord. 60-06, 9-5-2006; amd. 2007 Code § 1-16)
C. Civil Citations:
1. Any officer authorized by the city manager may issue a civil citation to a person who commits a municipal infraction.
2. The citation shall be served in a manner prescribed by the code of Iowa. (2007 Code § 1-17)
D. Notice Of Violation: Municipal infractions may be initially brought upon simple notice of violation and if the person charged admits the violation, upon payment of the penalty to the city and the performance of any other act required by law to be performed, such person shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties thus collected. Where a municipal infraction is not admitted upon simple notice by the person charged or where the person charged fails to perform any other act required to be performed, or both, a civil citation shall be filed with the court. A civil citation seeking a penalty for a municipal infraction, with or without additional relief, may be initially filed in the court. This subsection does not impose a duty to initially charge all municipal infractions upon simple notice of violation. (Ord. 59-05, 10-17-2005)