[HISTORY: Adopted by the City Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 4 of the 2000 Code]
A violation of this Code of Ordinances or any ordinance or code
herein adopted by reference or the omission or failure to perform
any act or duty required by the same, with the exception of 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 Code of Iowa, is a municipal infraction
punishable by civil penalty as provided herein.
A municipal infraction which is a violation of Chapter 455B
of the Code of Iowa or of a standard established by the City in consultation
with the Department of Natural Resources, or both, may be classified
as an environmental violation. However, the provisions of this section
shall not be applicable until the City has offered to participate
in informal negotiations regarding the violation or to the following
specific violations:
A.
A violation arising from noncompliance
with a pretreatment standard or requirement referred to in 40 CFR
403.8.
B.
The discharge of airborne residue
from grain, created by the handling, drying or storing of grain, by
a person not engaged in the industrial production or manufacturing
of grain products.
C.
The discharge of airborne residue
from grain, created by the handling, drying or storing of grain, by
a person engaged in such industrial production or manufacturing if
such discharge occurs from September 15 to January 15.
A municipal infraction is punishable by the following civil
penalties:
B.
Special civil penalties.
(1)
A municipal infraction arising
from noncompliance with a pretreatment standard or requirement, referred
to in 40 CFR 403.8, by an industrial user is punishable by a penalty
of not more than $1,000 for each day a violation exists or continues.
(2)
A municipal infraction classified
as an environmental violation is punishable by a penalty of not more
than $1,000 for each occurrence. However, an environmental violation
is not subject to such penalty if all of the following conditions
are satisfied:
(a)
The violation results solely
from conducting an initial startup, cleaning, repairing, performing
scheduled maintenance, testing or conducting a shutdown of either
equipment causing the violation or the equipment designed to reduce
or eliminate the violation.
(b)
The City is notified of
the violation within 24 hours from the time that the violation begins.
(c)
The violation does not continue
in existence for more than eight hours.
[Amended 3-23-2023 by Ord. No. 23-02]
Any officer authorized by the City to enforce this Code of Ordinances
may issue a civil citation to a person who commits a municipal infraction.
The citation shall be filed with the Linn County Clerk of District
Court. A copy of the citation shall be retained by the City and a
copy shall be served upon each of the named defendants. The citation
may be served by personal service as provided in Rule of Civil Procedure
1.305, by certified mail addressed to the defendant at defendant's
last known mailing address, return receipt requested, or by publication
in the manner as provided in Rule of Civil Procedure 1.310 and subject
to the conditions of Rule of Civil Procedure 1.311. 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 alternative 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.
H.
The legal description of the affected
real property, if applicable.
Seeking a civil penalty as authorized in this article does not
preclude the City from seeking alternative relief from the court in
the same action. Such alternative relief may include, but is not limited
to, an order for abatement or injunctive relief.
This article does not preclude a peace officer from issuing
a criminal citation for a violation of this Code of Ordinances or
regulation if criminal penalties are also provided for the violation;
nor does it preclude or limit the authority of the City to enforce
the provisions of this Code of Ordinances by criminal sanctions or
other lawful means.
[Adopted by Ord. No. 06-02 (Ch. 82 of the 2000 Code)]
Violations of the Code of Ordinances specified in § 55-8 are scheduled violations subject to the scheduled fines set forth in § 55-9. The description of offenses used in § 55-8 are for convenience only and shall not be construed to define any offense or to include or exclude any offense other than those specifically or excluded by reference to the Code of Ordinances.
[Ord. No. 07-26; Ord. No. 11-05; Ord. No.
15-02; amended 3-23-2023 by Ord. No. 23-02; 10-19-2023 by Ord. No. 23-25]
Violations of the following sections of the Code of Ordinances
are scheduled violations:
In the case of scheduled violations, the defendant, before the time specified in the citation and complaint for appearance before the court, may sign the admission of violation on the citation and complaint and deliver or mail a copy of the citation and complaint, together with $50, the minimum fine for the violations listed in § 55-8, plus court costs and surcharges, if any, to the scheduled violations office in the county. The admission constitutes a conviction.
