Chapter 1.15
COUNTY INFRACTIONS
Sections:
1.15.030 Inapplicability of ordinance.
1.15.050 Proceedings before the court.
1.15.060 Remittance of penalties or forfeitures.
1.15.070 Payment of court costs and fees.
1.15.100 Post judgment motions.
1.15.010 County infractions.
A. Adoption of Iowa Code on County Infractions. Iowa Code Section 331.307, County Infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code Section 331.307 shall automatically modify this section.
The civil penalty for a County infraction other than environmental violations shall be scheduled as follows:
1. First offense up to $750.00.
2. Subsequent penalties up to $1,000. [Ord. 122, 2014. Code 2009 § 1-2-1.]
1.15.020 Violation.
A violation of a Black Hawk County ordinance is a County infraction unless the ordinance specifically provides otherwise. [Ord. 23 § 2, 1990. Code 2009 § 1-2-2.]
1.15.030 Inapplicability of ordinance.
If a violation of an ordinance is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law, or if the violation is a simple misdemeanor under Iowa Code Chapters 687 through 747, then this chapter shall not apply. [Ord. 23 § 3, 1990. Code 2009 § 1-2-3.]
1.15.040 Citations.
An officer authorized by a county to enforce a county code or regulation may issue a civil citation to a person who commits a county infraction. The citation may be served by personal service or by certified mail, return receipt requested. 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. 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. [Ord. 23 § 4, 1990. Code 2009 § 1-2-4.]
1.15.050 Proceedings before the court.
In proceedings before the court for a County infraction:
A. The County has the burden of proof that the County infraction occurred and that the defendant committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence.
B. 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 County and produce evidence or witnesses on the defendant’s behalf.
C. The defendant may be represented by counsel of the defendant’s own selection and at the defendant’s own expense.
D. The defendant may answer by admitting or denying the infraction.
E. If a County infraction is proven, the court shall enter judgment against the defendant. If the infraction is not proven, the court shall dismiss it. [Ord. 23 § 5, 1990. Code 2009 § 1-2-5.]
1.15.060 Remittance of penalties or forfeitures.
Notwithstanding Iowa Code Section 602.8106(3), penalties or forfeitures collected by the court for County infractions shall be remitted to the County in the same manner as fines and forfeitures are remitted to cities for criminal violations under Iowa Code 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. [Ord. 23 § 6, 1990. Code 2009 § 1-2-6.]
1.15.070 Payment of court costs and fees.
A person, against whom judgment is entered, shall pay court costs and fees as in small claims under Iowa Code Chapter 631. If the action is dismissed, the County 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 County. [Ord. 23 § 7, 1990. Code 2009 § 1-2-7.]
1.15.080 Alternative relief.
Seeking a civil penalty as authorized in this section does not preclude a county from seeking alternative relief from the court in the same action. [Ord. 23 § 8, 1990. Code 2009 § 1-2-8.]
1.15.090 Contempt.
When a 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. [Ord. 23 § 9, 1990. Code 2009 § 1-2-9.]
1.15.100 Post judgment motions.
A defendant against whom a judgment is entered may file a motion for a new trial or a motion for a reversal of a judgment as provided by law or rule of civil procedure. [Ord. 23 § 10, 1990. Code 2009 § 1-2-10.]
1.15.110 Criminal citation.
This section does not preclude a peace officer of a county from issuing a criminal citation for a violation of a county code or regulation if criminal penalties are also provided for the violation. Each day that a violation occurs, or is permitted by the defendant to exist, constitutes a separate offense. [Ord. 23 § 11, 1990. Code 2009 § 1-2-11.]