Municipal Infraction Penalties
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MEMORANDUM
August 31 , 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Municipallnfraction
Assistant City Attorney Crenna Brumwell is recommending that the City increase the
municipal infraction penalties to reflect the change in State law that occurred in 2003.
The City ordinance was last updated in 1998. The new penalties would be $750 for a
first offense and $1,000 for repeat offenses.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
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CRENNA M. BRUMWELL, E\.ci.
ASSISTANT CITY ATTORNEY
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
August 28, 2006
RE:
Municipal Infraction Penalties
Enclosed for your consideration is a proposed ordinance amending City of Dubuque
Ordinance 91-16 related to the penalties for Municipal Infractions.
Enclosure
cc: Barry A. Lindahl, City Attorney
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381/ FAX (563) 583-1040/ EMAIL CBRUMWEL@CITYOFDUBUQUE.ORG
Preparer: Crenna M. Brumwell. ESQ. Address: Suite 330. 300 Main Street. Dubuque. IA 52001-
6944 Telephone: 1563\583-4113
ORDINANCE NO. 60-06
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-16
PENALTIES FOR CIVIL INFRACTIONS BY INCREASING THE AMOUNT OF THE
PENALTIES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 1-16 of the City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 1-16. Penalties:
(a) 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 this Code:
Schedule Of Civil Penalties
First offense
All other repeat offenses
Not to exceed $750.00
Notto exceed $1,000.00
,
(b) Each day that a violation occurs or is permitted to exist by the violator
constitutes a separate offense.
(c) 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
as provided in section 364.22 of the Code of Iowa.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 5th day of September, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 1-16. Penalties:
(a) 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 this Code:
Schedule Of Civil Penalties
First offense
Second offense
All other repeat offenses
Not to exceed $250.00750.00
Not to exceed $500.00
Not to exceed $750.001.000.00
(b) Each day that a violation occurs or is permitted to exist by the violator
constitutes a separate offense.
(c) 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 as
provided in section 364.22 of the Code of Iowa.