A. Misdemeanors: Unless another penalty is expressly provided by this Code for any particular provision, section, or chapter, any person failing to perform a duty or obtain a license required by or violating any provision of this Code, any rule or regulation adopted or issued pursuant thereto, or any provision of any code adopted herein by reference, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days 1 . (1975 Code § 1-4-1)
B. Municipal Infractions:
1. Violations: A violation of this Code or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, a serious misdemeanor or a simple misdemeanor under chapters 687 through 747 of the Code of Iowa is a Municipal infraction punishable by a civil penalty as provided herein.
2. Penalties: A Municipal infraction is punishable by the following civil penalties:
a. First offense: Not to exceed seven hundred fifty dollars ($750.00).
b. Each repeat offense: Not to exceed one thousand dollars ($1,000.00).
3. Civil Citation: Any officer authorized by the City to enforce this Code or regulations thereof may issue a civil citation to a person who commits a Municipal infraction. The citation may be served by personal service as provided in Iowa Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at the defendant's last known mailing address, return receipt requested, or by publication in the manner provided in Iowa Rule of Civil Procedure 60 and subject to the conditions of Iowa Rule of Civil Procedure 60.1. A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the Clerk of the District Court.
4. Civil Citation Content: The Municipal infraction 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 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.
g. The penalty for failure to appear in court.
5. Alternative Relief: Seeking a civil penalty as authorized in section 364.22, Code of Iowa, does not preclude the City from seeking alternative relief from the court in the same action. Such relief may include the imposition of a civil penalty by entry of a personal judgment against the defendant, directing that the payment of the civil penalty be suspended or deferred under conditions imposed by the court, ordering the defendant to abate or cease the violation or authorizing the City to abate or correct the violation, or ordering that the City's cost for abatement or correction of the violation be entered as a personal judgment against the defendant or assessed against the property where the violation occurred, or both. If a defendant willfully violates the terms of an order imposed by the court, the failure is contempt.
6. Criminal Sanctions Not Precluded: This subsection B does not preclude a peace officer from issuing a criminal citation for violation of a City code 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 Code by criminal sanctions or other lawful means. Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate offense. The violation of any provision of this Code or any regulation promulgated thereunder shall also constitute a simple misdemeanor punishable by a fine of one hundred dollars ($100.00) or by imprisonment in the County Jail for a term not to exceed thirty (30) days. (Ord. 2010-01, 1-19-2010)
Notes
| 1 | 1. IC § 364.3. |