TITLE I GENERAL PROVISIONS

CHAPTER 3 PENALTY

1-3-1 – General Penalty
1-3-2 – Civil Penalty – Municipal Infraction
1-3-3 – Scheduled Fines

1-3-1 – GENERAL PENALTY.

The doing of any act prohibited or declared to be unlawful, and offense, or a misdemeanor by the City Code or any Ordinance or Code herein adopted by reference, or the omission or failure to perform any act or duty required by this City Code or any Ordinance or Code or any Ordinance or Code herein adopted by reference is, unless another penalty is specified, punishable in accordance with Iowa Code Section 903.1(1)(a)
(Code of Iowa, Sec. 903.1(1)(a)

1-3-2 – CIVIL PENALTY – MUNICIPAL INFRACTION.

(Code of Iowa, Sec. 364.22)

  1. Definitions.
    1. Municipal Infraction. Except 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 Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances, City of Fertile, or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Fertile, or any Ordinance or Code herein adopted by reference, is a “municipal infraction” and is punishable by civil penalty as provided herein.
    2. Officer. The term “officer” shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Fertile.
    3. Repeat offense. The term “repeat offense” shall mean a recurring violation of the same section of the Code of Ordinances.
  2. 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.
      1.                           Schedule of Civil Penalties
      2. First Offense–Not more than seven hundred fifty dollars ($750.00).
      3. Repeat Offense–Not more than one thousand dollars ($1,000.00).
    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 chapter does not preclude the City from seeking alternative relief from the court in the same action.
  3. Civil Citations
    1. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.
    2. The citation may be served by personal service, substituted service, or by certified mail, return receipt requested, or by publication as provided in the Iowa Rules of Civil Procedure.
    3. The original of the citation shall be sent to the Clerk of the district court. If the infraction involves real property a copy of the citation shall be filed with the County Treasurer.
    4. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
        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.
        8. The legal description of the affected property, if applicable.

      1-3-3 – SCHEDULED FINES.

      The scheduled fine for a violation of any provision of the City Code shall be in accordance with State Code Chapter 805 unless another scheduled amount is provided in the City Code or Iowa Code.

Comments & Responses

Leave a Reply