Chapter 1.04 ORGANIZATION OF CODE


Section 1.04.100 General Penalty.

    1. Whenever in this code, any act is prohibited, declared unlawful or an offense or a misdemeanor, or whenever the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore, the violator of any such provision of this code shall, upon conviction, be guilty of a simple misdemeanor and shall be punished by a fine of at least $65.00 but not exceeding the sum of $500.00, and/or by imprisonment not to exceed 30 days.
    2. Municipal infraction.  Whenever in this code, any act is prohibited, declared unlawful or an offense, or whenever the failure to do any act is declared unlawful and such is labeled as a municipal infraction, it is punishable by civil penalty as provided herein.
    3. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in the code.
    SCHEDULE OF CIVIL PENALTIES
    First Violation - A fine of at least $100.00 but not to exceed $750.00.
    Second Violation - A fine of at least $200.00 but not to exceed $1,000.00.
    Third and Subsequent Violations - A fine of at least $300.00 but not to exceed $1,000.00.
A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. Section 403.8, by an industrial user - A fine up to $1,000.00 for each day the violation continues.
    4. Multiple violations.  Each day that a violation occurs or is permitted to exist by the violator whether a misdemeanor or municipal infraction constitutes a separate offense.
    5. Other remedies.  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.
    6. Any officer authorized by the city to enforce the code may issue a civil citation to a person who commits a municipal infraction.  The citation may be served by personal service or by certified  mail, return receipt requested.  The officer shall then send a copy of the citation to the Clerk of the District Court.
    7. The city manager shall act on behalf of the city to designate authorized officers empowered to issue civil citations for municipal infractions.  The designation shall be in writing directed to authorized officer and a copy of the designation shall be maintained in the office of the city manager.
    8. Subsections 2. and 3. do not preclude a peace officer from issuing a criminal citation for violation of a city code or regulation if criminal penalties are also provided for the violation.  However, no person shall be charged with a municipal infraction and a misdemeanor for the same offense.  (Ord. 2006-0459;2005-1035; 2004-0297; 2002-0429; 2000-9290; 99-8055; 98/U-6850; 88/T-6352)