HomeMy WebLinkAbout3522-01/25/1988 ORDINANCE NO. 3522
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WATERLOO, IOWA, BY ADDING A NEW ARTICLE II , MUNICIPAL
INFRACTIONS, TO CHAPTER 1, GENERAL PROVISIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
That a new Article II , Municipal Infractions, is hereby added
to Chapter 1 , General Provisions, of the Code of Ordinances of the
City of Waterloo, Iowa, as follows:
ARTICLE II . MUNICIPAL INFRACTIONS.
Sec. 1-15 . Definitions.
(a) Municipal Infraction: Except those provisions
specifically provided under state law as a felony or misdemeanor,
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 required by this Code or any ordinance or code herein
adopted by reference, is a "municipal infraction" and is
punishable by civil penalty as provided herein.
(b) Officer: The term "officer" shall mean any employee or
official authorized to enforce the Code of Ordinances of the City
of Waterloo.
(c) Repeat Offense: A recurring violation of the same
section of the Code of Ordinances.
Sec. 1-16. Violations, penalties, and alternative relief.
(a) A municipal infraction is a civil offense punishable by
a civil penalty of not more than one hundred dollars ( $100. 00 ) for
each violation or if the infraction is a repeat offense, a civil
penalty not to exceed two hundred dollars ( $200. 00) for each
repeat offense. Any violation of the Code of Ordinances of the
City of Waterloo, Iowa, is a municipal infraction.
(b) When judgment has been entered against a defendant, the
court may impose a civil penalty or may grant appropriate relief
to abate or halt the violation, or both, and the court may direct
that payment of the civil penalty be suspended or deferred under
conditions established by the court. If a defendant willfully
fails to pay the civil penalty or violates the terms of any other
order imposed by the court, the failure is contempt.
(c) This section does not preclude a peace officer of a City
from issuing a criminal citation for a violation of a city code or
regulation if criminal penalties are also provided for the
violation. Each day that a violation occurs or is permitted to
exist by the defendant, constitutes a separate offense.
(d) Seeking a civil penalty as authorized in this section
does not preclude a city from seeking alternative relief from the
court in the same action.
Sec. 1-17. Civil Citations.
(a) Any officer authorized by the city to enforce the Code
of Ordinances may issue a civil citation to a person who commits a
municipal infraction.
a
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Ordinance No. 3522
Page 2
(b) The citation may be served by personal service or by
certified mail, return receipt requested.
(c) A copy of the citation shall be retained by the issuing
officer, and one copy shall be sent to the Clerk of the District
Court.
(d) 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 infraction attested to by
the officer issuing the citation.
( 3 ) The location and time of the infraction.
( 4) The amount of civil penalty to be assessed or the
alternative relief sought, or both.
( 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.
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 25th day of January, 1988, and approved by
the Mayor Pro Tem on the 27th day of January, 1988.
Robert Brown, Mayor Pro Tem
ATTEST:
a y P. Burge , City Clerk/Auditor
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3522, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 25th day of January, 1988 .
Witness my hand and seal of office this 27th day of January,
1988 .
rr . Bur , City Clerk/Auditor
i t A
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5Scopyof I do solemnly swear that the annexed LEGAL
Black Hawk County, City of Waterloo Ordinance No 3522
ORDINANCE NO.3522
AN ORDINANCE AMENDING notice was published in the a dailynewspaper
THE CODE OF ORDINANCES Waterloo
TouricC printed in Waterloo.
OF THE CITY OF WATERLOO,
IOWA, BY ADDING A NEW
ARTICLE II, MUNICIPAL IN- Black Hawk County, Iowa once 4- , .
F gTIONS, TO CHAPTER 1, 11 M1'1Ve
EllR. PROVISIONS.
•T'•pfNED BY THE
• THE CITY OF -*Prof -M In the Issue/of
hC R " OWA,as follows:
�, � new,4fticle II,Municipal
I tion3,,'Is hereby added to February 51 1988
*felta f,l Gen,ral Provisions,of
the.Coae of Ordinances of the COIF
of W�atteerloo,Iowa,as follows:
• ARTICLE Il. MUNICIPOAL IN-
of said newspaper, and that the annexed rate of
Sec.1-15.Definitions. advertising Is the regular legal rate of said newspaper, and that the following is a correct bill for
(a)Municipal Infraction:Except
those pravislono sp-fl+=tally publishing said notice.
provided under state law as a
felony or misdemeanor,the doing
of any act prohibited or declared .., .- Printer's Bill $ ..�
to be unlawful, an offense or a
misdemeanor by this Code or any
ordinance or code hereby adopted
by reference,or omission or fail- -Cr-'• 2,„.____
ure to perform any act or duty Signed
required by this Code or any or-
iscodehereinadoptedby Subscribed and sworn to before me this ---` �'
reference,Is a"municipal civil day of
tlon" end Is punishable by civil • /r
penalty as provided herein. %/ r�,
(t) Officer: The term "officer" ,�F Au•. L]' -.,,. f�"CJ.)�
shall mean any employee or of- / �-V� A.D., 19;.)
ficial authorized to enforce the �� /�
Code Ordinances of the City of "�i
Waterloo. t- 0- (c) Repeat Offense: A recurring
violation of the same section of the Notary Public
Code of Ordinances.
Sec. 1-16. Violations; penalties, Received of
and alternative relief.
(a) A municipal infraction is a
'civil offense punishable by a civil '
penaltyot.notmorethenonehun-
dred dollars (f100.00) for each Dollars
repeat offense,a civilvilpenalty not
violation:or if the infraction is a In full for publication of the above notice.
to exceed two hundred dollars
p200 ny violation of the for each
repeat
Code of Qr-
dinances of the City of Water no,
Iowa,is a municipal infraction. "----------
(b) When judgment has been entered against a defendant,the
court may Impose a civil penalty
or may grant appropriate relief to
abate or halt the violation, or