(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCARD. To place, cause to be placed, throw, deposit or drop.
LITTER. Any garbage, rubbish, trash, refuse, waste materials, paper or debris and all other putrescible and non-putrescible wastes, except sewage and water-carried trade wastes.
MUNICIPAL INFRACTION.
(a) Any violation of this code. A municipal infraction shall include the doing of any act prohibited or declared by this code to be unlawful, an offense or a violation of said code, or any omission or failure to perform any act or duty required by said code.
(b) A
MUNICIPAL INFRACTION shall also include any violation of any uniform code or ordinance adopted by the city by reference. A MUNICIPAL INFRACTION is punishable by civil penalty as provided herein, or by the Iowa Code.
OFFICER. Any employee or official authorized to enforce this code. For the purpose of this section, any member of the City Council, including the Mayor, is an OFFICER as defined herein.
REPEAT OFFENSE. A recurring violation of the same ordinance or section of this code by the same offender and/or property owner.
(B) Prohibition against littering. No person shall discard any litter onto or in any water or land within the city, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.
(C) Municipal infraction. A violation of this section shall constitute a municipal infraction subject to the penalties and alternative relief authorized by this chapter and by Iowa Code § 364.22.
(1) Civil penalty.
(a) A municipal infraction under this chapter is punishable by a civil penalty as provided in the following schedule.
First offense | The amount that shall be set by the City Council from time to time |
Second repeat offense | The amount that shall be set by the City Council from time to time |
All other repeated offenses | The amount that shall be set by the City Council from time to time |
(b) Each day that a violation occurs or is permitted to exist by the violator(s) constitutes a separate and distinct offense.
(2) Civil citation.
(a) Any officer authorized by the city to enforce the municipal 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 the municipal code.
(b) 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, not the receipt thereof.
(c) A copy of the citation shall be sent to the clerk of the State District Court for the county.
(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(s);
2. The name or description of the infraction attested to by the officer issuing the citation;
3. The location(s) and time(s) of the infraction;
4. The amount of the 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; and
7. 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.
(D) Alternative relief. 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. Such alternative relief may include, but is not limited to, an order for injunctive relief.
(E) Criminal penalties. This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this chapter 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 this chapter by criminal sanctions or other lawful means.
(Ord. 24A, passed 6-7-2010)