In lieu of any of the aforementioned procedures, the city may choose to instead determine that a violation of this section shall constitute a municipal infraction subject to the penalties and alternative relief authorized by this subchapter and by Iowa Code § 364.22.
(A) Civil penalty.
(1) A municipal infraction under this subchapter is punishable by a civil penalty as provided in the following schedule:
(a) First offense: the amount that shall be set by the City Council from time to time;
(b) Second repeat offense: the amount that shall be set by the City Council from time to time; and
(c) All other repeated offenses: the amount that shall be set by the City Council from time to time.
(2) Each day that a violation occurs or is permitted to exist by the violator(s) constitutes a separate and distinct offense.
(B) Civil citation.
(1) Any officer authorized by the city to enforce this code may issue a civil citation to a person who commits a municipal infraction. The Mayor and all members of the City Council are authorized to enforce this code.
(2) The citation may be served by personal service or by certified mail, return receipt requested. If certified mail is used, the citation shall be deemed served on the date of mailing and not the receipt thereof.
(3) A copy of the citation shall be sent to the clerk of the State District Court for the county.
(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 defendants;
(b) The name or description of the infraction attested to by the officer issuing the citation;
(c) The location(s) and time(s) of the infraction;
(d) The amount of the 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. Such failure to appear shall be deemed conclusive evidence of the municipal infraction, and a default ruling will be entered against the defendant.
(Ord. 14A, passed 6-7-2010)