CRIMINAL RESPONSIBILITY
It is a misdemeanor for any person to do any act forbidden or to fail to perform any act required by any of the provisions of this ordinance unless any such violation is by this ordinance or other law of this State declared to be a serious or aggravated misdemeanor or a felony. Every person convicted of a simple misdemeanor for a violation of any of the provisions of this ordinance for which another penalty is not provided, shall be punished by a fine of not less than Sixty-five Dollars ($65.00) and no more than Six Hundred Twenty-five Dollars ($625.00) and/or by imprisonment for not more than thirty days. ('95 Rev.; ’08 Rev.) [Ref. Iowa Code §321.482]
Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this ordinance punishable as a simple misdemeanor, such officer may:
1. Immediately arrest such person and take the person before a magistrate of the county in which the apparent violation occurred; or
2. Without arresting the person, either
(a) Prepare a written citation to appear in court containing the name and address of such person, the motor vehicle license number, if any, the registration number, if any, of the person's vehicle, the offense charged, and the time and place the person shall appear in court; or
(b) Prepare a memorandum of the alleged traffic violation containing the name and address of such person, the registration number, if any, of the person's vehicle, the offense alleged to have been committed, and such other information as may be prescribed by the commissioner of public safety with the concurrence of the director of transportation.
('91 Rev.) [Ref. Iowa Code §321.485(1)]
If the officer prepares either a citation or a memorandum as provided in Iowa Code §321.485, the alleged offender shall be requested to sign it. If the person signs, the person may be released without arrest. In case a citation is issued, the signing shall constitute a written promise to appear as stated in the citation. A copy of the citation shall be presented to the person named therein. If a memorandum is prepared, the original shall be retained by the officer, and a copy shall be sent to the department, and a copy shall be presented to the person named therein.
('91 Rev.) [Ref. Iowa Code §321.485(2)]
Any person willfully violating a citation to appear in court given as provided in this ordinance, is guilty of a misdemeanor, punishable as provided in Section 514 regardless of the disposition of the charge upon which the person was cited.
An appearance in response to such citation may be made either in person or by counsel.
('91 Rev.) [Ref. Iowa Code §321.487]
The provisions of this ordinance shall govern all peace officers in making arrests without a warrant for violations of this ordinance for offenses committed in their presence, but the procedure prescribed herein shall not be exclusive of any other method prescribed by law for the arrest and prosecution of a person. (’10 Rev.) [Ref. Iowa Code §321.488]
Loading...