HomeMy WebLinkAbout2000-11-27-Ordinance 2331_Standard and Municipal Infraction PenaltiesORDINANCE NO.2331 ,IANORDINANCETOAMENDCHAPTER100,SECTION 103.4,
WAUKEE MUNICIPAL CODE,BY DELETING THEREFROM
SUBPARAGRAPHS A AND B,AND INSERTING IN LIEU THEREOF
SUBPARAGRAPHS A AND B TO PROVIDE FOR STANDARD PENALTIES
AND CIVIL PENAL TIES FOR VIOLATION OF CITY ORDINANCES AND TO
INCORPORATE PENALTIES PROVIDED IN THE CODE OF IOWA FOR
VIOLATION OF ORDINANCES OF THE CITY OF WAUKEE WHICH
INCORPORATE OR ARE THE SAME AS STATUTES OF THE STATE OF
IOWA PUNISHED AS SIMPLE MISDEMEANORS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKE AS
FOLLOWS:
Section 1.Chapter 100,Section 103.4,Waukee Municipal Code is hereby
amended by deleting subparagraphs A and B thereof,and inserting in lieu thereof the
following:
B.
A.Standard Penalty.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 of a simple 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.Whenever the fines or costs imposed are not paid,the
person convicted may be committed to jail until the fine and costs
are paid,not exceeding thirty (30)days,the Defendant being
presumed to be able to pay the fine.Provided,however,if the
defendant proves to the satisfaction of the court that the defendant
cannot pay the fine,the defendant shall not be sentenced to
confinement for failure to pay the fine.
)
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 statue is a civil penalty
different from that provided under the Waukee Municipal code for
a civil penalty for simple misdemeanor,the punishment set out in
the Code of Iowa shall prevail.In all other cases,a municipal
infraction is punishable by a civil penalty as provided in the
following schedule,unless a specific schedule of civil penalties is I
provided for specific offenses elsewhere in the Waukee Municipal
Code.
Schedule of Civil Penalties
First offense
Second repeat offense
All other repeat offenses
$50.00
$100.00
$200.00
Each day that a violation occurs or is permitted to exist by the
violator constitutes a separate offense.
Seeking a civil penalty as authorized in this Chapter does not
prelude the City of Waukee from seeking altemati ve relief from
the court in the same action.
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,provision,or part thereof not
adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its
final passage,approval and publication as provided by law.
Passed by the Council this 27th day of November,2000,and approved this 27th
day of November,2000.