The following words and phrases as used in this article, unless a different meaning is clearly required by the context, shall have the following meanings.
AUTHORIZED LOCAL OFFICIAL. A police officer or other personnel of the city authorized to issue municipal civil infraction notices and/or citations.
BUREAU. The Municipal Ordinance Violations Bureau established by § 1-15.
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 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 CITATION. A written complaint or appearance ticket prepared by an authorized person directing a person to appear in court regarding the occurrence or existence of a municipal civil infraction violation by that person.
MUNICIPAL CIVIL INFRACTION DETERMINATION. A finding 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.
MUNICIPAL CIVIL INFRACTION VIOLATION NOTICE. A written notice prepared by an authorized person, directing a person to appear at the Municipal Ordinance Violations Bureau for the purpose of paying a civil fine and/or costs for a violation which is prescribed to be a municipal civil infraction.
REPEAT OFFENSE. A determination of responsibility for a second, or any subsequent municipal civil infraction after there has already been a determination of responsibility with regard to the same Code provision committed by the same person within the past three years, 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. 3285, passed 11-28-1994; Ord. 3537, passed 6-9-2004; Ord. 3645, passed 4-25-2005)