(A) General penalty. The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this code or any technical code adopted in this code by reference or the omission or failure to perform any act or duty required by this code or any technical code adopted in this code by reference is, unless another penalty is specified, punishable by a fine in a sum not exceeding the maximum punishable under state law for commission of a simple misdemeanor, in addition to applicable surcharges and costs.
(2013 Code, § 1-8)
(B) Violations - definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL INFRACTION. Any violation of this code, any ordinance or code adopted by reference or the Zoning Ordinance of the city or the omission or failure to perform any act or duty required thereby is a MUNICIPAL INFRACTION, except a provision specifically provided under state law as a felony, an aggravated misdemeanor, a serious misdemeanor or a simple misdemeanor under I.C.A. Chs. 687 through 747, and is punishable by civil penalty as provided in this section.
OFFICER. Any employee or official authorized to enforce this code, any ordinance or code adopted by reference or the Zoning Ordinance of the city.
REPEAT OFFENSE. A recurring violation of the same section of this code, any ordinance or code adopted by reference or the Zoning Ordinance of the city, if the prior offense was committed not more than 12 months prior to the recurring violation.
(2013 Code, § 1-9)
(C) Civil penalties for municipal infractions, continuing violations and alternative relief.
(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 the code:
Schedule of Civil Penalties
| |
First offense | Not to exceed $750 |
All repeat offenses | Not to exceed $1,000 |
(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.
(4) Municipal infractions may be initially brought upon simple notice and if the person charged admits the violation, upon payment of the penalty to the City Clerk 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, an action seeking a penalty may be brought in state court as provided by I.C.A. § 364.22, and by the method as set out in division (D) below. Any action seeking a penalty for a municipal infraction, with or without additional relief, may be initially brought in the state court. This section does not impose a duty to initially charge all municipal infractions upon simple notice.
(2013 Code, § 1-10)
(D) Civil citations.
(1) Any officer may issue a civil citation to a person who commits a municipal infraction.
(2) The citation may be served by personal service or by certified mail, return receipt requested.
(3) A copy of the citation shall be sent to the Clerk of the District Court.
(4) The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
(a) The name and address of the defendant;
(b) The name or description of the infraction attested to by the officer issuing the citation;
(c) The location and time of the infraction;
(d) The amount of civil penalty to be assessed or the alternative relief sought, or both;
(e) The manner, location and time in which the penalty may be paid;
(f) The time and place of court appearance; and
(g) The penalty for failure to appear in court.
(2013 Code, § 1-11)
(Ord. 14308, passed 12-11-1989; Ord. 14885, passed 5-9-2011; Ord. 14933, passed 9-8-2014; Ord. 14970, passed 11-27-2017)
Statutory reference:
Maximum penalty prescribed, see I.C.A. § 364.3