[Adopted 12-3-1984 by Ord. No. 279, approved 12-4-1984 (Ch. 25 of the 1968 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any violation of this Code, which violation has been specifically
declared to be an "infraction." For purposes of this Code, an "infraction"
is a civil offense.
A criminal offense, not amounting to a felony, arising from
a violation of a law of the state, which violation is defined as a
"misdemeanor"; or
Unless otherwise specified, a violation of any law of this City.
Violations of this Code shall be treated as "misdemeanors" unless
specifically declared to be municipal infractions.
[Amended 6-2-1997 by Ord.
No. 349]
[Amended 6-2-1997 by Ord.
No. 349]
The Council shall, by official act, declare the violation of
which ordinance or ordinances shall be an infraction or infractions,
and for each such violation, a specific fine shall be set. This fine
shall never exceed $1,000 for any single, initial violation or $1,000
for each repeat or continuing violation. The fine shall be expressed
as a discrete amount rather than being expressed in terms of a maximum
or minimum amount. The authority to declare infractions and set fines
shall not be delegated by the Council to any other administrative
or legislative body.
[Amended 6-2-1997 by Ord.
No. 349]
Those code enforcement officials authorized by the Council to
enforce this Code may, after conducting an investigation into the
facts and circumstances alleged in the affidavit or complaint, deliver
a written warning or a citation to any person alleged to be committing
an infraction. A copy of the citation shall be retained by the City
and shall bear the certification of the enforcing official attesting
to the truth of the matter set forth in the citation. The citation
shall contain, at a minimum, the following information:
A.
The name and address of the person charged.
B.
The nature of the infraction.
C.
The location and time that the infraction occurred or was observed.
D.
The amount of the infraction fine assessed.
E.
The manner, location and time in which the fine may be paid to the
City.
F.
The right of the accused to stand trial for the infraction.
G.
The enforcement officer's certification attesting to the truth
of the matter set forth in the citation, or that the citation is based
on an affidavit.
H.
The effect of failing to pay the assessed fine or demand a trial
within the prescribed time.
The fine for an infraction shall be as specified in the law
violated. The fine is payable by the recipient of the citation to
the City within 20 calendar days of receipt of the citation.
The City shall not conduct any formal hearing for those persons
in receipt of a citation of infraction. Any offender so cited may
pay the fine as indicated in the citation or elect to stand trial
for the offense. This provision shall not prevent an offender from
requesting, either personally or through an attorney, additional information
concerning the infraction.
A person receiving the citation for an infraction may elect
to stand trial for the offense by notifying the City, in writing,
of his or her intention of standing trial. The notice shall be given
at least five days prior to the date of payment as set forth in the
citation. Upon receipt of the notice of the intention to stand trial,
the City shall forward to the District Court having venue a copy of
the notice from the person who received the citation indicating his
or her intention to stand trial. Upon receipt of the citation, the
District Court shall schedule the case for trial and notify the defendant
of the trial date. All fines, penalties or forfeitures collected by
the District Court for violations of infractions shall be remitted
to the general fund of the City.
If a person receiving a citation for an infraction fails to
pay the fine for the infraction by the date of payment set forth on
the citation and fails to file a notice of his or her intention to
stand trial for the offense, a formal notice of the infraction shall
be sent to the offender's last known address. If the citation
has not been satisfied within 15 days from the date of the notice,
he or she shall be liable for an additional fine not to exceed twice
the original fine. If, after 35 days, the citation has not been satisfied,
the City may request adjudication of the case through the District
Court. The District Court shall promptly schedule the case for trial
and summon the defendant to appear.
Conviction of a municipal infraction, whether by the District
Court or by payment of the fine to the City, is not a criminal conviction
for any purpose, nor does it impose any of the civil disabilities
ordinarily imposed by a criminal conviction.
In any proceeding for a municipal infraction, the accused shall
have the same rights as for the trial of criminal cases. He or she
shall have the right to cross-examine witnesses against him or her,
to testify or introduce evidence in his or her own behalf and to be
represented by an attorney of his or her own selection and at his
or her own expense.
