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(A) Generally. A municipal infraction is punishable by the following civil penalties:
(Iowa Code § 364.22(1))
(1) Standard civil penalties.
Not to exceed $750
Each repeat offense
Not to exceed $1,000
Each day that a violation occurs or is permitted to exist constitutes a repeat offense
(2) Special civil penalties.
(a) A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8, by an industrial user is punishable by a penalty of not more than $1,000 for each day a violation exists or continues.
(b) A municipal infraction classified as an environmental violation is punishable by a penalty of not more than $1,000 for each occurrence. However, an environmental violation is not subject to the penalty if all of the following conditions are satisfied:
1. The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation;
2. The city is notified of the violation within 24 hours from the time that the violation begins; and
3. The violation does not continue in existence for more than eight hours.
(1999 Code, § 4.03)
(B) Criminal penalties.
(1) This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this code of ordinances or regulation if criminal penalties are also provided for the violation.
(2) Nor does it preclude or limit the authority of the city to enforce the provisions of this code of ordinances by criminal sanctions or other lawful means.
(Iowa Code § 364.22(11)) (Ord. 2015-07, passed 5-12-2015)