HomeMy WebLinkAbout1989-04-11-Ordinance 2114_Standard and Municipal Infraction PenaltiesORDINANCE NO.2114
AN ORDINANCE AHENDING CHAPTER 103.4 OF THE CODE OF
ORDINANCES OF THE CITY OF WAUKEE,IOWA,BY ADDING THERETO
SUBSECTIONS "B"AND "c"PROVIDING FOR PENALTIES AND ALTERN-
ATIVE RELIEF,AND CIVIL CITATIONS FOR MUNICIPAL INFRACTIONS
IN CONFORMITY WITH SECTION 364.22,CODE OF IO\~A,AS AMENDED.
Be it ordained by the City Council of Waukee,Iowa:
Section 1.Section 103.4 of the Code of Ordinances
of the City of Waukee,Iowa,is hereby amended by designating
the first subdivision as "A",and by adding as subsections
"B"and "c"thereof so that §103.4 will read as follows:
A.Standard Penalty.Unless another penalty
is expressly provided by the municipal 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 that code,or
any rule or regulation adopted or issued in
pursuance thereof,or any provision of any
code adopted therein by reference,shall be
guilty of a simple misdemeanor,and upon
conviction,be subject to a fine of not
more than one hundred dollars ($100)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.
B.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 the 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 per-
mitted to exist by the violator constitutes
a separate offense.
Seeking a civil penalty is authorized in
this Chapter does not preclude the City of
Waukee from seeking alternative relief from
the court in the same action.
C.Any officer authorized by the City to en-
force the Code of Ordinances may issue a
civil citation to a person who commits a
municipal infraction.
The citation may be served by personal ser-
vice or by certified ma i l ,return receipt
requested.
A copy of the citation shall be sent to the
Clerk of the Dallas County District Court.
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 infrac-
tion attested to by the officer issuing
the citation.
3.The location and time of infraction.
4.The amount of civil penalty
assessed or the alternative
sought,or both.
to be
relief
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.
in
as
Section 2.
effect after its
required by law.
Effective Date.This ordinance shall be
final passage,approval,and publication
Passed by the Council the 11th day of April,1989,and
approved this 11th day of April,1989.
Attest: