(A) (1) Any violation of this city’s municipal code which is not a felony, an aggravated or serious misdemeanor or a simple misdemeanor under the State Criminal Code is a municipal infraction.
(2) Unless another civil penalty is provided elsewhere in this code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties.
First offense | The amount that shall be set by the City Council from time to time |
Second offense | The amount that shall be set by the City Council from time to time |
Third and subsequent offense(s) | The amount that shall be set by the City Council from time to time |
(B) Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
(1) Alternative relief. Seeking a civil penalty as authorized in this section does not preclude seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
(2) Civil citation, service. Any city official or employee authorized by the Council to enforce any specific chapter of the city’s municipal code may issue a citation to a person who is alleged to have committed a municipal infraction under the applicable chapter. The citation may be served by personal service or by certified mail, return receipt requested. A copy of the citation shall be filed with the clerk of a district court, and one copy shall be delivered to the alleged violator.
(3) Civil citation; contents. The citation shall serve as notification of the allegation that a municipal infraction has been committed and shall contain the following information:
(a) The name and address of the alleged violator;
(b) The name or description of the alleged infraction, attested to by the officer issuing the citation;
(c) The location and time of the alleged infraction;
(d) The amount of the civil penalty for the violation charged and the court costs, 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) A statement of the penalty for failure to appear in court.
(Ord. 123-1.06, passed 1-9-1989)