Violation Notice, in lieu of criminal complaint etc.
D"iJ"B~E
~~~
MEMORANDUM
October 11 , 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Notice of Violation
City Solicitor William Blum recommends City Council approval of new Ordinance
Section 1-18 allowing the City to issue a Notice of Violation in lieu of filing a criminal
complaint or a municipal infraction. This Notice is similar to a parking ticket and would
allow the violator to admit the violation and pay the fee, or deny the violation with the
understanding that a civil infraction will be filed. The advantage of the Notice of
Violation procedure is that the matter is not solved through the Court system, thus
avoiding court costs and reducing the court docket.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
N~AL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William Blum, City Solicitor
WI L L I A M G. B L U M, ESQ.
CITY SOLICITOR, CITY OF DUBUQUE
MEMO
DATE:
Michael C. Van Milligen?~
City Manager -.
October 10, 2005 '
To:
RE:
Notice of Violation
Mike:
Enclosed is a new Ordinance Section 1-18, allowing the City to issue a Notice of
Violation in lieu of filing a criminal complaint or a municipal infraction.
The Legal Department has discovered that at least two cities, Davenport and Des
Moines, prior to the issuance of a formal civil citation, serve an ordinance violator with a
Notice of Violation. This Notice is similar to a parking ticket. The violator can admit the
violation and pay the fee or deny the violation with the understanding that a civil
infraction will be filed. The advantage to the Notice of Violation procedure is that the
matter is not solved with the Court, thus avoiding court costs and reducing the court
docket.
Staff members from all of the City departments that presently issue municipal infractions
were involved in several meetings in formulating a Notice of Violation procedure.
I recommend passage of Ordinance 1-18.
Enclosure
Preparer: William G. Blum Address: Suite 330 Harbor View Place DubuQue. IA 52001
Telephone: (563) 557-1310
ORDINANCE NO. 59-05
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 1, ARTICLE II
CIVIL PENALTY, BY ADDING A NEW SECTION 1-18 ALLOWING THE CITY TO
ISSUE A NOTICE OF VIOLATION FOR MUNICIPAL INFRACTIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Chapter 1, Article II, of the City of Dubuque Code of Ordinances
is amended by adding the following new section:
Sec. 1-18 Notice of Violation:
Municipal infractions may be initially brought upon simple notice of
violation and if the person charged admits the violation, upon
payment of the penalty to the city and the performance of any other
act required by law to be performed, such person shall not be further
prosecuted or assessed any costs or other expenses for such
violation, and the city shall retain all penalties thus collected. Where
a municipal infraction is not admitted upon simple notice by the
person charged or where the person charged fails to perform any
other act required to be performed, or both, a civil citation shall be
filed with the court. A civil citation seeking a penalty for a municipal
infraction, with or without additional relief, may be initially filed in the
court. This section does not impose a duty to initially charge all
municipal infractions upon simple notice of violation.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 17th day of October
, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\tsteckle\Blum\Ordinances\NoticeONiolationj 1 O.doc
EFFECT OF AMENDMENT
Sec. 1-18 Notice of Violation::
Municipal infractions may be initially brought upon simple notice of violation and if the
person charged admits the violation, upon payment of the penalty to the city and the
performance of any other act required by law to be performed, such person shall not be
further prosecuted or assessed any costs or other expenses for such violation, and the
city shall retain all penalties thus collected. Where a municipal infraction is not admitted
upon simple notice by the person charged or where the person charged fails to perform
any other act required to be performed, or both, a civil citation shall be filed with the
court. A civil citation seeking a penalty for a municipal infraction, with or without
additional relief, may be initially filed in the court. This section does not impose a duty
to initially charge all municipal infractions upon simple notice of violation.
NOTICE OF VIOLATION
THE CITY OF
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
DUB E
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OFFENDER:
(name)
(street address/city/state/zip code)
You are hereby notified that the above-named offender violated Section
Dubuque Code of Ordinances on the day of , 20_ by:
of the City of
These matters are criminal chargeable offenses or civil violations at the City's discretion.
Please check the appropriate box below and return this form to:
NOTE: If this form is not returned before
, a civil citation will be issued.
D ADMIT. I hereby admit the violation and am including the penalty of $ payable to the
"City of Dubuque". In addition to the civil penalty, I have completed the following
requirements:
D DENY. I hereby deny the charge and understand that a civil citation will be filed with the court
charging me with the above violation(s) and that I must take the action indicated on the civil
citation after I am served. I further understand that once citation(s) are issued I will be
responsible for court costs ($50 for each civil citation) in addition to the penalty, if I am found to
have violated the City of Dubuque Code of Ordinances.
(signature)
(date)
(phone no.)
Form NO.2