(A) General penalty. The doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by the city code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this city code or any ordinance or code or any ordinance or code herein adopted by reference is, unless another penalty is specified, punishable in accordance with Iowa Code § 903.1(1)(a). No violation of the city code shall subject an individual to incarceration.
(Prior Code, § 1-3-1)
(B) Civil penalty; municipal infraction.
(1) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
MUNICIPAL INFRACTION. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 690 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the code of ordinances of the city, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by the code of ordinances of the city, or any ordinance or code herein adopted by reference, is a MUNICIPAL INFRACTION and is punishable by civil penalty as provided herein.
OFFICER. Any employee or official authorized to enforce the code of ordinances of the city.
REPEAT OFFENSE. A recurring violation of the same section of the code of ordinances.
(2) Violations, penalties, and alternative relief.
(a) 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 this code.
Schedule of Civil Penalties
| |
First offense | Not more than $750 |
Repeat offense | Not more than $1,000 |
(b) Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
(c) 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.
(3) Civil citations.
(a) Any officer authorized by the city to enforce the code of ordinances may issue a civil citation to a person who commits a municipal infraction.
(b) The citation may be served by personal service, substituted service, or by certified mail, return receipt requested, or by publication as provided in the State Rules of Civil Procedure.
(c) The original of the citation shall be sent to the Clerk of the district court. If the infraction involves real property, a copy of the citation shall be filed with the County Treasurer.
(d) The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
1. The name and address of the defendant.
2. The name or description of the infraction attested to by the officer issuing the citation.
3. The location and time of the infraction.
4. The amount of civil penalty to be assessed or the alternative relief sought, or both.
5. The manner, location, and time in which the penalty may be paid.
6. The time and place of court appearance.
7. The penalty for failure to appear in court.
8. The legal description of the affected property, if applicable.
(4) Seeking alternative relief. Seeking a civil penalty as authorized in Iowa Code § 364.22, does not preclude the city from seeking alternative relief from the court in the same action. Such relief may include the imposition of a civil penalty by entry of a personal judgment against the defendant, directing that the payment of the civil penalty be suspended or deferred under conditions imposed by the court, ordering the defendant to abate or cease the violation or authorizing the city to abate or correct the violation, or ordering that the city’s cost for abatement or correction of the violation be entered as a personal judgment against the defendant or assessed against the property where the violation occurred, or both. If a defendant willfully violates the terms of an order imposed by the court, the failure is contempt.
(5) Peace officer. This section does not preclude a peace officer from issuing a criminal citation for violation of a city code or regulation if criminal penalties are also provided for the violation, nor does it preclude or limit the authority of the city to enforce the provisions of the code of ordinances by criminal sanctions or other lawful means. Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate offense. The violation of any provision of this code of ordinances or any regulation promulgated thereunder shall also constitute a simple misdemeanor punishable by a fine of not less than $65 but not to exceed $625. No violation of the city code shall subject an individual to incarceration. A simple misdemeanor criminal charge filed pursuant to this code of ordinances shall only subject an individual to a monetary fine.
(Prior Code, § 1-3-2)
(C) Scheduled fines. The scheduled fine for a violation of any provision of the city code shall be in accordance with Iowa Code Chapter 805, unless another scheduled amount is provided in the city code or state code.
(Prior Code, § 1-3-3)
(Ord. 03-04, passed 9-9-2003)
Statutory reference
Civil penalties, see Iowa Code § 364.22
General penalties, see Iowa Code § 903.1(1)(a)