HomeMy WebLinkAbout1986-10-07 Ordinance�r"
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OROIN410E NO. 86-3299
M ORDIWWCE A%VIN3 CW lER 1 OF TIE CLUE OF
OPDINANCES OF THE CITY OF IOWA CITY, BY PDOING
PROCEO M AW M a1.TIES FOR MNICIPAL INFRACTIM.
i
WEREAS, the City Council wishes to decrimi-
nalize certain Municipal Code violations and estab-
lish a municipal infraction citation process, and
WE1EAS, the purpose of this anedrent is to
establish procedures and penalties for municipal
infractions.
NOW, TIEREFORE, BE IT CPOA 0 BY THE CITY
COUNCIL OF THE CITY OF IOWA CITE, IOW, THAT:
SECTION I. Chapter 1 is hereby aerded ty adding
Ifo ]owing new Article II:
ARTICLE II. PROCE0l1RE5 AND MATIFS FOR MNICI-
PAL INFRACTIONS.
Ser. I -M. Defkd ions.
(a) Code: The tern Code mean the Code of
Ordinances of the City of Ios city as may
be amended iron time to time.
(b) Repeat offense: A recurring violation of
the sane section of the code of ordinances.
Sec. I-22. Yiolatims, Perelties, and alterw
tive relief.
(a) Any violation of the Code, with the excep-
tion of any violation Mich is a felony or
misdemeanor oder state law, is a mnicipal
infraction.
(b) Unless another civil penalty is provided
elsehere in this Code for a specific viola-
tion, a municipal infraction is a civil
offense punishable as provided in the fol-
lowing schedule of civil penalties:
Schedule of Civil Penalties: 1st offense
offene(s) - S200 i r>i d subsequent
(c) Each day that a municipal infraction occurs
and/rr is Permitted to exist constitutes a
separate offense.
(d) 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
mey include, but is not limited to, an order
for abatement or injunctive relief.
Sec. 1-a. C101 eitetims.
(a) Any employee or other official authorized by
the City to enforce the Code moray issue a
civil citation to a person Who is alleged to
have cammitted a municipal infraction.
Mia
1445s
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ordinance No. 86-3299
Page 2
(b) The citation nay be served by personal
service or by certified rteil return receipt
requested.
(c) Two copies of the citation shall be filed
with the Clerk of the District Court and one
copy shall be delivered to the alleged
violator.
(d) The citation shall serve as notification of
an allegation that a municipal infraction
has been ccnmitted and shall contain the
following inforration:
(1) The nave and address of the alleged
violator.
(2) The nave or description of the alleged
infraction, attested to by the officer
issuing the citation.
(3) The location and tice of the alleged
infraction.
(4) The arount of civil PeMlty for the
violation charged and the court costs,
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 appear
once.
(7) A staterent of the Pealty for failure
to appear in court.
TION II. WHALER: All ordinances and parts of
cartes in conflict with the Provision of this
finance are hereby repealed.
TION III. SEVERABILITY: If any section, Prov{'
in or part ot me Ordinance shall be adjudged to
invalid or unconstitutional, such adjudication
ill rot affect the validity of the Ordinance as a
publicatim as require
Passed and approved
Ision or part thereof not
,itutiocel.
E: This Ordinance shall
Fal passage, approval and
law.
7th day of October
Received A APProveo
gy . Ugal DemphInGnt
6
—f
It was moved by McDonald and seconded by Dickson
that the Ordinance as read e ado ed and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
x_ BAKER
x_ COURTNEY
x DICKSON
X MCDONALD
X STRAIT
X ZUBER
First consideration ------------
Vote for passage:
Second consideration 9/16/86
Vote for passage:yes:�onald, Strait, Zuber, Ambrisco,
Baker, Courtney, Dickson. Nayes: None. Absent: None.
Date published 10/15/86
Moved by Zuber, seconded by Strait, that the
rule requiring ordinances to be considered
and voted on for passage at two Council
meetings prior to the meeting at which it is
to be finally passed be suspended, the first
consideration and vote be waived and the
ordinance be given second consideration at
this time.
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66s
ry
ORDINANCE NO. 86-3300
AN ORDIWME *UDING THE FIRE COCE TO MICE THAT
EACH DAY A VIOLATION CONIINIES 9AL BE A SEPARATE
OFFENSE.
WIEREAS, the Iowa Code vas recently amended to
provide- that each day a violation of the Fire Cade
occurs or is permitted to exist after conviction
shall constitute a separate offense; and
4AERFAS, the City Council of Iowa City believes
such a provision will aid in proper euforceoont of
the City's Fire Code.
NOW, THEIEFDTE, BE IT OWAINED BY THE CITY COINCIL
OF IOWA CITY, IOWA, THAT:
Section 12-25 of the Iowa City Code of Ordinances
is hereby deleted and the following is inseted in
lieu thereof:
Sstim 72-75: Penalties:
My person who shall violate any of the provi-
sions of the code hereby adopted or fails to
caply therewith, or vdo shall violate or fail to
carply with any order made thereunder, or who
shall build in violation of any detailed state-
ment of specifications or plans submitted and
approved thereunder, or any certificate or permit
issued thereunder and fron vhich ro appeal has
been taker, shall be guilty of a misdemeanor.
punishable by a fine not exceeding one hundred
dollars ($100.00) or by tprisormert not Exceed-
ing thirty (30) days.
Each day a violation occurs or is permitted to
exist after conviction constitutes a separate
offense.
SECTION I. WPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION II. SEVERABILITY: If any section, provi-
sion or part of the OFUrnance shall be adjudged to
be invalid or uconstitutional, such adjudication
shall not affect, the validity of the Ordinance as a
We or any section, provision or part thereof not
adjudged invalid or uconstitutional.
SECTION III. EFFECTIVE DATE: This Ordinance shall
be In effect a na passage, ap;raal and
publication as required by lar.
Passed and approved this 7th day of October
IIIA
m-� 5
ReaberJ It APProvndl
9Y Th! US3,1l D.n..tM.M
RA 9/-V, kA
It was moved by Dickson , and seconded by Strait
that the Ordinance as read e adopted and upon roll call there were:
AYES: NAYS: ABSENT:
XAMBRISCO
-T— BAKER
X COURTNEY
X DICKSON
X MCDONALD
STRAIT
�— ZUBER
First consideration 9/9/86
Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson,
McDonald, Strait, Zuber. Nays: None. Absent: None.
.Second consideration 9/16/86
Vote forppassage: yes: Courtney, Dickson, McDonald,
Strait, Zuber, Ambrisco, Baker. Nayes: None. Absent: None.
Date published 10/15/86