HomeMy WebLinkAbout4822 - 07/10/2006 _ \ Document Number: 2007008903
Girt OP-'WATERLOO I Date: Oct 17,2006 4:30:00 pm
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Z Filed for record in Black Hawk County,Iowa
Patricia S.Sass,County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4822
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 1-3-2, MUNICIPAL
INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY,
OF TITLE 1, ADMINISTRATION; AND ENACTING IN
LIEU THEREOF A NEW SECTION 1-3-2, MUNICIPAL
INFRACTIONS, OF CHAPTER 3, GENERAL PENALTY,
OF TITLE 1, ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA:
That Section 1-3-2, Municipal Infractions, of Chapter 3,
General Penalty, of Title 1, Administration, of the 2001 Code of
Ordinances of the City of Waterloo, Iowa, is hereby repealed in
its entirety; that a new Section 1-3-2, Municipal Infractions, of
Chapter 3, General Penalty, of Title 1, Administration, of the
2001 Code of Ordinances of the City of Waterloo, Iowa, is hereby
enacted in lieu as follows :
1-3-2 : Municipal Infractions :
A. Definitions :
As used in this code, or with reference hereto, the
following words and terms shall have the meaning
ascribed thereto:
Municipal Infraction: The doing of any act prohibited
or declared to be unlawful, an offense or a
misdemeanor, by this code or any ordinance or code
hereby adopted by reference, or omission or failure to
perform any act or duty requested by this code or any
ordinance or code herein adopted by reference. A
violation shall not be a municipal infraction if it is
a felony, an aggravated misdemeanor or a serious
misdemeanor under state law or if the violation is a
simple misdemeanor under Iowa Code chapters 687 through
747 . A municipal infraction is punishable by civil
penalty as provided herein.
Officer: Any employee or official authorized to
enforce the city code of the city of Waterloo.
Repeat Offense : A recurring violation of the same
section of the city code.
B. Adoption of Iowa Code on Municipal Infractions : Iowa
Code section 364 . 22, municipal infractions, is hereby
adopted by reference, in its entirety. All amendments
to Iowa Code section 364 . 22 shall automatically modify
this section.
C. Penalties : The civil penalty for a municipal
infraction, other than environmental violations, shall
be scheduled as follows:
First offense $200 . 00
Second offense $500 . 00
Third and subsequent offenses $750 . 00
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Ordinance No. 4822
Page 2
D. Notice of Violation: Any act constituting a municipal
infraction under this code may be initially charged
upon simple notice of violation. The city may serve a
notice of violation upon a party charged with an act
constituting a municipal infraction either by
delivering said notice personally or by certified mail
to the party' s last known address . A person who admits
the reported violation may remit payment of the penalty
to the city and perform any other act required to be
performed, and in such event the person charged shall
not be further prosecuted by issuance of a municipal
infraction citation and will not be assessed any costs
or other expenses for such violation. The city shall
retain all penalties thus collected. If the person
charged denies the reported violation or fails to
timely perform any act required to be performed by the
notice of violation, a civil municipal infraction
citation shall be served in the manner prescribed by
the applicable provision (s) of this code . Nothing in
this section imposes a duty on the city or any officer
to initially charge any act or all acts constituting a
municipal infraction upon simple notice of violation,
and the officer charged with enforcement may initially
issue a civil municipal infraction citation seeking a
civil penalty with or without additional relief.
INTRODUCED: July 10, 2006
PASSED 1st CONSIDERATION: July 10, 2006
PASSED 2nd CONSIDERATION: July 10, 2006
PASSED 3rd CONSIDERATION: July 10, 2006
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 10th day of July, 2006, and approved by
the Mayor on the 12th day of July, 2006.
Tim Hurley, Mayor
ATTEST:
Nancy Eckel., CMC
City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4822 as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 10th day of July, 2006.
Witness my hand and seal of office this 12th day of July,
2006..
#S�Ah Nancy Ecke , CMC
City Cler
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