(A) The City Council finds that there is a need for one or more alternate methods of enforcing the city’s ordinances. Though criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused in that system. 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 for incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city ordinance violations as being particularly 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. This method of enforcement shall be in addition to any other legal remedy which could be pursued for city ordinance violations.
(B) The administrative offense procedures established under this chapter are intended to provide the public and the city with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with the administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first or succeeding instances.
(Ord. 205, passed 12-18-2018)