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Chapter 32 – Municipal Infractions

 

TITLE III  COMMUNITY PROTECTION

 CHAPTER 32

MUNICIPAL INFRACTIONS

 

3-32-1      Municipal Infractions
3-32-2      Penalties
3-32-3      Civil Citations
3-32-4      Appearance Required
3-32-5      Alternative Relief
3-32-6      Criminal Penalties
3-32-7      Optional Procedure
3-32-8      Procedures 

3-32-1  MUNICIPAL INFRACTION.        A violation of this Municipal Code or any ordinance or code therein 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, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.

(Code of Iowa, Sec. 364.22[3])

3-32-2  PENALTIES. A municipal infraction is punishable by the following civil penalties:

(Code of Iowa, Sec. 364.22[1])

  1. Standard Civil Penalties.
    1. First Offense – Not to exceed $750.00.
    2. Each Repeat Offense – Not to exceed $1,000.00

Each day that a violation occurs or is permitted to exist constitutes a repeat offense.

  1. Special Civil Penalties.
    1. 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 one thousand dollars ($1,000.00) for each day a violation exists or continues.
    2. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:

                                                      i.      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.

                                                      ii.      The City is notified of the violation within twenty-four (24) hours from the time the violation begins.

                                                      iii.      The violation does not continue in existence for more than eight (8) hours.

3-32-3  CIVIL CITATIONS. Any officer authorized by the City to enforce this Municipal Code may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or y publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. 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. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

(Code of Iowa, Sec. 364.22[4])

  1. The name and address of the defendant.
  2. The name or description of the infraction attested to by the officer issuing the citation.
  3. The location and time of the infraction.
  4. The amount of civil penalty to be assessed or the alternative relief sought, or both.
  5. The manner, location, and time in which the penalty may be paid.
  6. The time and place of court appearance.
  7. The penalty for failure to appear in court.

3-32-4  APPEARANCE REQUIRED. Persons failing to appear in court on the date and at the time specified in the citation shall be guilty of a simple misdemeanor of failure to appear and upon conviction shall be subject to a fine or not more than five hundred dollars ($500) or imprisonment not to exceed thirty (30) days

3-32-5  ALTERNATIVE RELIEF.  Seeking a civil penalty as authorized in this chapter 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.

(Code of Iowa, Sec. 364.22[8])

3-32-6  CRIMINAL PENALTIES. This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Municipal 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 Municipal Code by criminal sanctions or other lawful means.

(Code of Iowa, Sec. 364.22[11])

 3-32-7  OPTIONAL PROCEDURE. Prior to the issuance of a Municipal Infraction Citation by any officer authorized by the City to enforce this Municipal Code may direct the issuance of a Notice of Violation and Warning on a form prepared by the City Council, notify the defendant or alleged violator of the time and place and nature of the alleged violation and offering said defendant or alleged violator ten (10) days to correct, abate or cease the violation. If the alleged violation is corrected during the warning period, no further action is necessary. The alleged violator may request a hearing with the City Council within ten (10) days to review the facts and to establish times and procedure for compliance with the ordinance. The City Council will conduct a hearing within ten (10) days of filing of request. The City Council shall within ten (10) days of the hearing render a decision as to whether Municipal Infraction Citation shall be issued. If the alleged violator fails to respond to the Notice of Violation and Warning or fails to comply with any agreement made with the City Council, a Municipal Infraction Citation shall be issued. The Municipal Infraction Citation shall be in a form prepared by the City Attorney and approved by the City Council.

3-32-8  PROCEDURES.   All procedures for prosecuting a Municipal Infraction Citation, including the appeal, the City’s burden of proof and all related procedures, shall be in strict keeping with Iowa Code Section 364.22.

Repealer. All ordinance or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed.

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