(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MUNICIPAL INFRACTION. Except for those provisions specifically provided under state law as a felony, an aggravated misdemeanor or a serious misdemeanor or a simple misdemeanor under Iowa Code Chapters 687 through 732; the commission of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this code, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by this code, 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 this code. The City Manager is hereby authorized to designate employees or officials authorized to enforce this code.
REPEAT OFFENSE. A recurring violation of the same section of this code.
(Prior Code, § 1-4A-1)
(B) Violations, penalties and alternative relief.
(1) 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 | Up to $750 |
Repeat offenses | Up to $1,000 |
(2) Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
(3) Seeking a civil penalty as authorized in this section 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 abatement or injunctive relief.
(Prior Code, § 1-4A-2)
(C) Civil citations.
(1) Any officer authorized by the city to enforce this code may issue a civil citation to a person who commits a municipal infraction.
(2) The citation may be served by personal service or by certified mail, return receipt requested.
(3) A copy of the citation shall be sent or delivered to the Clerk of the District Court.
(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 defendant;
(b) The name or description of the infraction attested to by the officer issuing the citation;
(c) The location and time of the infraction;
(d) The amount of 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.
(Prior Code, § 1-4A-3)
(D) Criminal citations. This section does not preclude a peace officer of the city from issuing a criminal citation for a violation of this code or regulations if criminal penalties are also provided for the violation.
(Prior Code, § 1-4A-4)
(E) Enforcement of provisions. This section shall not preclude or limit the authority of the city to enforce the provisions of this code by criminal sanctions or other lawful means.
(Prior Code, § 1-4A-5)
(Ord. 358, passed 5-16-1988; Ord. 501, passed 9-8-1998; Ord. 705, passed 7-6-2010)
Cross-reference:
Penalty, see § 10.99