364.22 - MUNICIPAL INFRACTIONS.

        364.22  MUNICIPAL INFRACTIONS.         1. a.  A municipal infraction is a civil offense punishable by      a civil penalty of not more than seven hundred fifty dollars for each      violation or if the infraction is a repeat offense, a civil penalty      not to exceed one thousand dollars for each repeat offense.  However,      notwithstanding section 364.3, a municipal infraction arising from      noncompliance with a pretreatment standard or requirement, referred      to in 40 C.F.R. § 403.8, by an industrial user may be punishable by a      civil penalty of not more than one thousand dollars for each day a      violation exists or continues.         b. (1)  A city may classify a municipal infraction, other than      a violation arising from noncompliance with a pretreatment standard      or requirement, as an environmental violation if the infraction is a      violation of chapter 455B or 459, subchapters II and III, or a      violation of a standard established by the city in consultation with      the department of natural resources, or both.  The discharge of      airborne residue from grain, created by the handling, drying, or      storing of grain by a person, shall not be subject to an ordinance,      the violation of which is classified as an environmental violation,      unless the person is engaged in industrial production or      manufacturing of grain products.  The discharge of airborne residue      from grain, created by the handling, drying, or storing of grain by a      person engaged in industrial production or manufacturing of grain      products, shall not be subject to an ordinance, the violation of      which is classified as an environmental violation, if the discharge      occurs from September 15 to January 15.  A municipal infraction which      is classified an environmental violation is punishable by a civil      penalty of not more than one thousand dollars for each occurrence.  A      person committing an environmental violation is not subject to a      civil penalty, if all of the following conditions are satisfied:         (a)  The violation results solely from the person conducting an      initial start-up, 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.         (b)  The person notifies the city of the violation within      twenty-four hours from the time that the violation begins.         (c)  The violation does not continue in existence for more than      eight hours.         (2)  A city shall not enforce this section against a person      committing an environmental violation, until the city offers to      participate in informal negotiations with the person.  If the person      accepts the offer, the city and the person shall participate in good      faith negotiations to resolve issues alleged to be the basis for the      violation.         2.  A city by ordinance may provide that a violation of an      ordinance is a municipal infraction.         3.  A city shall not provide that a violation of an ordinance is a      municipal infraction if the violation is a felony, an aggravated      misdemeanor, or a serious misdemeanor under state law or if the      violation is a simple misdemeanor under chapters 687 through 747.         4.  An officer authorized by a city to enforce a city code or      regulation may issue a civil citation to a person who commits a      municipal infraction.  A copy of the citation may be served by      personal service as provided in rule of civil procedure 1.305, by      certified mail addressed to the defendant at the defendant's last      known mailing address, return receipt requested, or by publication in      the manner as provided in rule of civil procedure 1.310 and subject      to the conditions of rule of civil procedure 1.311.  A copy of the      citation shall be retained by the issuing officer, and the original      citation 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:         a.  The name and address of the defendant.         b.  The name or description of the infraction attested to by      the officer issuing the citation.         c.  The location and time of the infraction.         d.  The amount of civil penalty to be assessed or the      alternate relief sought, or both.         e.  The manner, location, and time in which the penalty may be      paid.         f.  The time and place of court appearance.         g.  The penalty for failure to appear in court.         5.  In municipal infraction proceedings:         a.  The matter shall be tried before a magistrate, a district      associate judge, or a district judge in the same manner as a small      claim.  The matter shall only be tried before a judge in district      court if the total amount of civil penalties assessed exceeds the      jurisdictional amount for small claims set forth in section 631.1.         b.  The city has the burden of proof that the municipal      infraction occurred and that the defendant committed the infraction.      The proof shall be by clear, satisfactory, and convincing evidence.         c.  The court shall ensure that the defendant has received a      copy of the charges and that the defendant understands the charges.      The defendant may question all witnesses who appear for the city and      produce evidence or witnesses on the defendant's behalf.         d.  The defendant may be represented by counsel of the      defendant's own selection and at the defendant's own expense.         e.  The defendant may answer by admitting or denying the      infraction.         f.  If a municipal infraction is proven the court shall enter      a judgment against the defendant.  If the infraction is not proven,      the court shall dismiss it.         6.  All penalties or forfeitures collected by the court for      municipal infractions shall be remitted to the city in the same      manner as fines and forfeitures are remitted for criminal violations      under section 602.8106.  If the person named in the citation is      served as provided in this section and fails without good cause to      appear in response to the civil citation, judgment shall be entered      against the person cited.         7.  A person against whom judgment is entered, shall pay court      costs and fees as in small claims under chapter 631.  If the action      is dismissed, the city is liable for the court costs and court fees.      Where the action is disposed of without payment, or provision for      assessment, of court costs, the clerk shall at once enter judgment      for costs against the city.         8.  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.         9. a.  When judgment has been entered against a defendant, the      court may do any of the following:         (1)  Impose a civil penalty by entry of a personal judgment      against the defendant.         (2)  Direct that payment of the civil penalty be suspended or      deferred under conditions imposed by the court.         (3)  Grant appropriate alternative relief ordering the defendant      to abate or cease the violation.         (4)  Authorize the city to abate or correct the violation.         (5)  Order that the city's costs for abatement or correction of      the violation be entered as a personal judgment against the defendant      or assessed against the property where the violation occurred, or      both.         b.  If a defendant willfully violates the terms of an order      imposed by the court, the failure is contempt.         c.  A magistrate or district associate judge shall have      jurisdiction to assess or enter judgment for costs of abatement or      correction in an amount not to exceed the jurisdictional amount for a      money judgment in a civil action pursuant to section 631.1,      subsection 1, for magistrates and section 602.6306, subsection 2, for      district associate judges.  If the city seeks abatement or correction      costs in excess of those amounts, and the matter is not before a      judge in district court, the case shall be referred to the district      court for hearing and entry of an appropriate order.  The procedure      for hearing in the district court shall be the same procedure as that      for a small claims appeal pursuant to section 631.13.         10.  The defendant or the city may file a motion for a new trial      or may appeal the decision of a magistrate, district associate judge,      or a district judge to the district court.  The procedure on appeal      shall be the same as for a small claim pursuant to section 631.13.  A      factual determination made by the trial court, supported by      substantial evidence as shown in the record, is binding for purposes      of appeal relating to the violation at issue, but shall not be      admissible or binding as to any future violation for the same or      similar ordinance provision by the same defendant.         11.  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.         12.  The issuance of a civil citation for a municipal infraction      or the ensuing court proceedings do not provide an action for false      arrest, false imprisonment, or malicious prosecution.         13.  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, 455E, or 459, subchapters II, III,      and VI.         14.  A police department may dispose of personal property under      section 80.39.  
         Section History: Recent Form
         86 Acts, ch 1202, § 2; 87 Acts, ch 99, §4--6; 89 Acts, ch 150, §      5--8; 90 Acts, ch 1210, § 1--5; 96 Acts, ch 1067, § 1; 98 Acts, ch      1144, §4; 2000 Acts, ch 1203, §21; 2003 Acts, ch 178, §24; 2009 Acts,      ch 21, §6         Referred to in § 380.10, 455B.192