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[Pending] ORDINANCE NO. 595

AN ORDINANCE OF THE CITY OF HAWARDEN AMENDING TITLE 1 BY UPDATING CHAPTER1.12 AND ADDING A NEW CHAPTER 1.14 AUTHORIZING THE WRITING OF MUNICIPAL INFRACTIONS AS ADDITIONAL REMEDIES PROVIDED FOR VIOLATION OF THE CODE OF ORDIANCES; PROVIDING REPEALER AND SEVERABILITY CLAUSES AND AN EFFECTIVE DATE.

BE IT ORDAINED By the Hawarden City Council that:

Section 1 - Title 1, Chapter1.12 "General Penalty*" is hereby removed and replaced in it's entirety with the following text:

Chapter 1.12
GENERAL PENALTY*

Sections
1.12.010 Designated

1.12.010. Designated. Unless otherwise specifically provided, any person violating any provisions or failing to comply with any of the mandatory requirements of the ordinances of Hawarden shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Hawarden shall be punished by a fine of not more than one hundred dollars, or by imprisonment not to exceed thirty days. (Ord. 393 $3, 1971).

Chapter 1.12
CRIMINAL VIOLATIONS

1.12.01. Criminal Violations. A violation of, or the omission or failure to perform any act or duty required by, this Code of Ordinances or any ordinance or code herein adopted by reference 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 simple misdemeanor under the ordinances of Hawarden. Any person convicted of a simple misdemeanor shall be punished by a fine of not less than fifty dollars ($50) and not more than five hundred dollars ($500.00), and/or by imprisonment not to exceed thirty days. Each day that a violation occurs or is permitted to exist by the defendant, constitutes a separate offense.

Section 2. Title 1 is hereby amended by adding a new Chapter "1.14" entitled "Municipal Infractions" as follows:

Chapter 1.14
MUNCIPAL INFRACTIONS

1.14.01 MUNICIPAL INFRACTIONS. A violation of, or the omission or failure to perform any act or duty required by, this Code of Ordinances or any ordinance or code herein adopted by reference 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. (Code of Iowa, Sec. 364.22[3] )

1.14.02 SPECIAL MUNICIPAL INFRACTIONS (ENVIRONMENTAL VIOLATIONS). 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: (Code of Iowa, Sec. 364.22 [1] )

1. A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. 403.8

1.14.03 MUNCIPAL INFRACTION PENALTIES. A municipal infraction is punishable by the following civil penalties: (Code of Iowa, Sec. 364.22 [1] )

1. Standard Civil Penalties.

A. First Offense - Shall be $50.00.
B. Second Offense - Shall be $100.00
C. Third and any Subsequent Offenses - $250.00.

Each day that a violation occurs or is permitted to exist constitutes a separate offense.

2. Special Civil Penalties.

A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. Sec. 403.8, by an industrial user shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.

B. A municipal infraction classified as an environmental violation shall be punishable by a penalty of not more than one thousand dollars ($1,000.00) for each occurrence. However, an environmental violation shall not be subject to such penalty if all of the following conditions are satisfied:

    1. 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.
    2. The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.
    3. The violation does not continue in existence for more than eight (8) hours.

1.14.04 MUNCIPAL INFRACTION CITATIONS. Any officer authorized by the City by to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. Any peace officer, the City Clerk, or the Director of Public Works shall initially be authorized to issue municipal infraction citations and others that may be authorized from time to time by resolution of the Hawarden City Council. The citation may be served by personal service as provided in Rule of Civil Procedure 56.1, 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 60 and subject to the conditions of Rule of Civil Procedure 60.1. The issuing officer shall retain a copy of the citation, and one copy shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information: (Code of Iowa, Sec. 364.22 [4])

  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.

1.14.05 ALTERNATIVE RELIEF.

  1. Seeking a civil penalty as authorized in this chapter 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, criminal prosecution, an order for abatement or injunctive relief. (Code of Iowa, Sec. 364.22 [8])
  2. An action brought pursuant to this section for a municipal infraction which is an environmental violation does not preclude, and is in addition to, any other enforcement action which may be brought pursuant to chapter 455B, 455D, or 455E. (Code of Iowa, Sec. 364.22 [13] )
  3. The Police Department may dispose of personal property lawfully in its possession under this Chapter, pursuant to Iowa Code Sec. 80.39. (Code of Iowa, Sec. 364.22 [14] )

1.14.06 CRIMINAL PENALTIES. This chapter 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. (Code of Iowa, Sec. 364.22 [11] )

Section 3. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 4. Severability. If any section, provision, or part of this Ordinance shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional.

Section 5. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication as provided by law.

Passed and approved by the Hawarden City Council this 20th day of August 2001.

_____________________________
Ricard R. Porter, Mayor

ATTEST:

_______________________________
Craig M. Coffey, City Administrator

First Reading: July 16, 2001
Second Reading: August 6, 2001
Third Reading: August 20, 2001

I hereby certify that the foregoing Ordinance No. 595 was published in the Hawarden Independent, a newspaper printed and published and has circulation in the City of Hawarden, Iowa on the 23rd day of August 2001.

______________________________
Craig M. Coffey, City Administrator

Note: Blue text are additions to the existing city code, while red text are deletions to the existing city code. "*" Indicate separations in text in the current City Code that are unchanged and are not repeated for brevity purposes.