Section
32.01 General enforcement policy
32.02 Responsibility for enforcement; duty of Police Department
32.03 Enforcement by other officials, boards, or commissions
32.04 Procedure for issuance of citation; service in person
32.05 Issuance and service of citation by mail
32.06 Notice to appear; refusal to sign; security for release
32.07 Conditional citation or offense with conditional penalties
32.08 Warning instead of official citation
32.09 Statute of limitations on issuance of citation
32.10 Form of citation and summons; traffic offenses; other offenses
32.11 Administrative procedure on issuance of citation
32.12 Procedure for fixing requested fine
32.13 Compromise and settlement of complaint without trial
32.14 Filing and prosecution of violation complaint
32.15 Appearance for defendant and for the city
32.16 Payment of fines, other costs, and prosecutor’s fee
32.17 Records of conviction or compromise of violation
32.18 Further or collateral actions for enforcement or recovery
32.19 Allocation and deposit of receipted fines, fees, and costs
32.20 Further rules and procedures for enforcement
Whenever any provision of this code requires or mandates any person to perform some act or to bring about or maintain some circumstance or state of affairs; or prohibits, restrains, or regulates the behavior of any person or the commission of any act or the bringing about or maintaining of any circumstance or state of affairs on the part of any person; and a penalty of fine or some other procedure to compel compliance with the provision is prescribed in this code, then the provision shall be considered an enforcement provision. Unless some different procedure is expressly set forth and prescribed by the particular chapter, subchapter, or section of this code containing the enforcement provision, the enforcement of any such provision shall be administered in accordance with the provisions of this chapter.
(1985 Code, § 1-3-1)
Unless some other official, board, commission, or similar entity is expressly designated as the primary enforcement officer or authority responsible for the administration and enforcement of a particular enforcement provision, it is the duty of the Police Department, acting through its lawful police officers, to take all steps necessary for the effective enforcement and bringing about of compliance with all enforcement provisions. Whenever a police officer, based upon his or her own vigilance or upon the information or complaint of any other official or any citizen, has probable cause to believe that a violation or failure to comply with any enforcement provision has occurred or is occurring, he or she shall with due diligence investigate the matter, ascertain the facts, and collect the testimony, information, or other evidence as in his or her judgment may be necessary to support the facts. If, incident upon the investigation, the police officer determines with a degree of certainty sustained by a preponderance of the evidence that some known person has violated or failed to comply with, or is violating or failing to comply with, any enforcement provision, he or she shall issue and serve upon the alleged offender, in person or by mail if so provided, a citation for the violation comprising a complaint and summons to appear and answer to the charge of the violation as hereafter prescribed in this chapter; or else he or she shall initiate or cause to be initiated any other enforcement procedures as may alternatively be prescribed in the event of a violation of the particular enforcement provision.
(1985 Code, § 1-3-2)
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