HomeMy WebLinkAbout2006-05-01-Ordinance 2576_Standard and Municipal Infraction PenaltiesORDINANCE NO.2576
AN ORDINANCE TO AMEND CHAPTER 103 AND ITS SUBPARTS,WAUKEE I
MUNICIPAL CODE,BY REPEALING SECTION 103.4 AND ITS SUBPARTS,PENALTIES,
AND ENACTING IN LIEU THEREOF THE PENALTIES AS SPECIFIED BELOW:
WHEREAS,the City of Waukee has determined to revise the penalties as provided in the
Waukee Municipal Code in order to make them consistent with the City's authority provided under
existing Iowa Law.
BE IT ORDAINED by the City Council of the City of Waukee:
Section 1:Chapter 103,Waukee Municipal Code,Section 103.4 should be and the same is
hereby repealed and enacted in lieu thereof as follows:
§103.4 Penalties.
A.Standard Penalty.A violation of the Waukee Municipal Code constitutes a simple
misdemeanor.If the punishment for a violation of a statute of the State of Iowa which
has been incorporated by reference into Waukee Municipal Code,or is the same as an
ordinance of the Waukee Municipal Code,and punishment for violation of such statute
is different from that provided under the Waukee Municipal Code for a simple
misdemeanor,the punishment set out in the Code of Iowa shall prevail.Anyone
violating any other provision of the Waukee Municipal Code shall be guilty ofa simple
misdemeanor,and upon conviction,shall be subject to a fine of not more than five
hundred dollars ($500.00)ancl/or imprisonment not to exceed thirty (30)days.Each day
that a violation occurs or is permitted to exist by the violator constitutes a separate
offense.
B.A Municipal infraction is a civil offense punishable by a civil penalty of not more than
seven hundred fifty dollars ($750.00)for each violation or,if the infraction is a repeat
offense,a civil penalty not to exceed one thousand dollars ($1000.00)for each repeat
offense.In addition to the Civil penalty established herein,the City may seek and obtain
additional remedies authorized under Iowa Code §364.22.
1.The violation of any section of this Code or of any law,rule or regulation
adopted by reference in this Code shall constitute a Municipal infraction and is
subject to civil penalties and subject to abatement to assure the cessation of the
violation and any other remedy ordered by the court in accordance with §374.22
Code of Iowa.
2.Any violation of this Code which would be a felony,an aggravated
misdemeanor or a serious misdemeanor under State law or a violation of a
simple misdemeanor under chapters 687-747 of the Code of Iowa shall not
constitute a Municipal infraction.
J3.An officer authorized to enforce this Code or regulations may issue a civil
citation to a person who commits a Municipal infraction.The citation may be
I
served by personal service as provided in Iowa Code,rule of civil procedure
1.305,by certified mail addressed to the defendant at the defendant's last known
mailing address,return receipt requested,or by publication in the manner as
provided in Iowa Code,rule of civil procedure 1.310 and subject to the
conditions of Iowa Code,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:
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 the alternate 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.
4.In Municipal infraction proceedings:
a.The matter shall be tried before a magistrate,a District associate judge or
a District Judge in District Court if the total amount of civil penalties
does not exceed five thousand dollars ($5,000.00)in the same manner as
a small claim.The matter shall only be tried before a judge in District
Court if the total amount of civil penalties assessed exceeds five
thousand dollars ($5,000.00).
b.The City has the burden of proof that the Municipal infraction occurred
and that the defendant committed the infraction.The proof shall be by
clear,satisfactory and convincing evidence.
c.The COUli shall ensure that the defendant has received a copy of the
charges and that the defendant understands the charges.The defendant
may question all witnesses who appear for the City and produce
evidence or witnesses on the defendant's behalf.
d.The defendant may be represented by counsel of the defendant's own
selection and at the defendant's own expense.
e.The defendant may answer by admitting or denying the infraction.
2
f.If a Municipal infraction is proven,the court shall enter a judgment
against the defendant.If the infraction is not proven,the court shall
dismiss it.
5.All penalties or forfeitures collected by the court for Municipal infractions shall
be remitted to the City in the same manner as fines and forfeitures are remitted
for criminal violations under Iowa Code,section 602.8106.If the person named
in the citation is served as provided in this Section and fails,without good cause,
to appear in response to the civil citation,judgment shall be entered against the
person cited.
6.A person against whom judgment is entered shall pay court costs and fees as in
small claims nnder Iowa Code,chapter 631.If the action is dismissed,the City
is liable for the court costs and court fees.Where the action is disposed of
without payment,or provisions for assessment,of court costs,the clerk shall at
once enter judgment for costs against the City.
7.Seeking a civil penalty as authorized in this Section does not preclude the City
from issuing a criminal citation for the violation of the Waukee Mnnicipal Code.
8.Each day that a violation occurs or is permitted to exist by the violator
constitutes a separate offense.
9.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.
Section 2 Repealer.All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall be
adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as
a whole or any section,provisions or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect from and after its final passage,
approval and publication as provided by law.
Passed by the Council the 1st day of May,2006,and approved this 1st day of May,2006.
Attested:
3