(A) Purpose. The City Council finds that there is a need for alternative methods of enforcing this chapter. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. If necessary, other legal remedy that may be pursued for chapter violations.
(B) General provisions.
(1) A violation of a provision of this chapter may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense.
(2) An administrative offense may be subject to a civil penalty not exceeding $2,000.
(3) The City Council has adopted, by resolution, a schedule of fines for offenses initiated by administration citation. The schedule of fines and the corresponding fine are included in this chapter.
(4) The Council has adopted procedures for administering the administrative citation program.
(C) Administrative citation.
(1) A person authorized to enforce provisions of this chapter may issue an administrative citation upon belief that a violation of this chapter has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of vehicular offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine.
(2) The person responsible for the violation must pay the scheduled fine within 30 days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount may be imposed.
(3) Public Works Department, Police Department, City Manager, Park Manager or other designee has the authority to revoke for good cause any permit. Any permit or reservation may be revoked upon violation of any chapter, rule or regulation of the city.
(D) Criminal penalties. Upon a failure to pay the administrative fine noted above within the above said 30 days, the administrative citation may be dismissed and a person authorized to enforce provisions of this chapter may issue a criminal citation in accordance with the laws of this state and the rules of criminal procedure. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished according to law.
(E) Administrative citation fine schedule. The city council has adopted a resolution outline the administrative citation fine schedule. Fines may change and be updated from time to time when council deems necessary.
(1) Camping violation: $50.
(2) Motorized recreation vehicle operation violation: $100.
(3) Move, place or throw objects on water’s edge/water: $100.
(4) Use park property on the water's edge/water: $100.
(5) Failure to pay camping fee: double the daily rate.
(6) Failure to pay any resulting towing and storage fee required upon a violation of § 98.076: $500.
(7) Unlawful vehicle operation: $100.
(8) Unleashed animal violations: $25.
(9) Hunting and firearm violations: $100.
(10) Littering violations: $50.
(11) Loud noise violations: $50.
(12) Fireworks violations: $50.
(13) Ordinance violations not listed: $100.
(14) Repeat violation within 90 days: double the fine.
(Ord. 203, passed 11-1-2021)