Skip to code content (skip section selection)
Compare to:
4.05   MUNICIPAL INFRACTION PROCEEDINGS.
The following proceedings shall apply to the use of municipal infractions:
1.   The matter shall be tried before a magistrate, a district associate judge or a district judge in the same manner as a small claim. The matter shall only be tried before a judge in district court if the total amount of civil penalties assessed exceeds the jurisdictional amount for small claims set forth in Section 631.1 of the Code of Iowa.
2.   The City has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory and convincing evidence.
3.   The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the City and produce evidence or witnesses on the defendant’s behalf.
4.   The defendant may be represented by counsel of the defendant’s own selection and at the defendant’s own expense.
5.   The defendant may answer by admitting or denying the infraction.
6.   If a municipal infraction is proven, the court shall enter a judgment against the defendant. If the infraction is not proven, the court shall dismiss it.