D. COUNCIL. The City Council of Waukee, Iowa.

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1 DEFINITION OF TERMS USED IN THE MUNICIPAL CODE, EXPLANATION OF THE NUMBERING AND ANNOTATION OF ITS SECTIONS, PROVISIONS FOR STANDARD PENALTIES FOR VIOLATION OF ANY OF ITS PROVISIONS AND DECLARATION OF THE SEVERABILITY OF ALL PROVISIONS Definitions. Terms used in the municipal code, unless specifically defined otherwise in another section shall have the meanings prescribed as follows: A. CITY. City of Waukee, Iowa. B. COUNTY. Dallas County, Iowa. C. STATE. The State of Iowa D. COUNCIL. The City Council of Waukee, Iowa. E. CLERK. The City Clerk of the City of Waukee, Iowa. June 3, 2013 Ordinance 2735 F. PERSON. Any natural individual, firm, partnership, trusts, estate, club, association, or corporation. As applied to partnerships or associations, the word includes the partners or members thereof; as applied to corporations it includes the officers, agents, or employees thereof who are responsible for the act referred to. The singular includes the plural, and the plural includes the singular. The masculine gender includes the feminine and neuter genders. G. ORDINANCES. The ordinances of the City of Waukee as embodied in the municipal code, all amending ordinances enacted hereafter, and ordinances saved from repeal by the code. H. CODE. The municipal code of Waukee, Iowa, or the chapter covering a specific subject and bearing a descriptive title word, such as the Building Code and/or the standard code adopted by reference thereby as apparent in the context. I. STATUTES, LAWS. The latest edition of the Code of Iowa, as amended. J. PRECEDING, FOLLOWING. "Preceding" and "following" shall mean next before and next after, respectively. K. PROPERTY. "Property" shall include real property, and tangible and intangible personal property unless clearly indicated otherwise. 1

2 L. OCCUPANT. "Occupant" or "Tenant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. M. YEAR. "Year" shall mean a calendar year. N. MONTH. "Month" shall mean a calendar month. O. WRITING. "Writing" and "written" shall include printing, typing, lithographing, or other mode of representing words and letters. P. OATH. "Oath" shall be construed to include an affirmation in all cases in which by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn". Q. PUBLIC PLACE. "Public Place" includes, but is not restricted to, any city-owned open place, such as parks and squares. R. PUBLIC WAY. "Public Way" shall include any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare. S. STREET. "Street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley, or other public thoroughfare, and each of such words shall include every other of them, and unless otherwise indicated in the text, shall include the entire width between property lines. T. SIDEWALK. "Sidewalk" shall mean the portion of the street between the edge of traveled way, surfacing, or curb line and the adjacent property line, intended for the use of pedestrians, unless by the context reference is to the paved walk thereon. U. TENSE. Words used in the present tense include the future. V. MUNICIPAL INFRACTION. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the 1987 Iowa code, the doing of any act prohibited or declared to be unlawful, an offense, or a misdemeanor by the Code of Ordinances, City of Waukee, or any ordinance or code herein adopted by reference, or an omission or failure to perform any act or duty required by the Code of Ordinances, City of Waukee, or any ordinance or code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein. W. OFFICER. The term officer shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Waukee as designated by resolution of the City Council of the City of Waukee. 2

3 X. REPEAT OFFENSE. A recurring violation of the same section of the Code of Ordinances. [April 11, 1989] Y. All general provisions, terms, phrases, and expressions contained in the municipal code shall be liberally construed in order that the true intent and meaning of the council may be fully carried out Numbering. This code is divided into Chapters numbered in the even one hundred and individual ordinances in said chapters numbered as sections and subsections thereof Annotation. For purposes of finding the original ordinance as passed, each section bears a reference to its original section number Penalties. A. Standard Penalty. A violation of the Waukee Municipal Code constitutes a simple misdemeanor. If the punishment for a violation of a statute of the State of Iowa which has been incorporated by reference into Waukee Municipal Code, or is the same as an ordinance of the Waukee Municipal Code, and punishment for violation of such statute is different from that provided under the Waukee Municipal Code for a simple misdemeanor, the punishment set out in the Code of Iowa shall prevail. Anyone violating any other provision of the Waukee Municipal Code shall be guilty of a simple misdemeanor, and upon conviction, shall be subject to a fine of not more than five hundred dollars ($500.00) and/or imprisonment not to exceed thirty (30) days. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. B. A Municipal infraction is a civil offense punishable by a civil penalty of not more than seven hundred fifty dollars ($750.00) for each violation or, if the infraction is a repeat offense, a civil penalty not to exceed one thousand dollars ($ ) for each repeat offense. In addition to the Civil penalty established herein, the City may seek and obtain additional remedies authorized under Iowa Code The violation of any section of this Code or of any law, rule or regulation adopted by reference in this Code shall constitute a Municipal infraction and is subject to civil penalties and subject to abatement to assure the cessation of the violation and any other remedy ordered by the court in accordance with Code of Iowa. 2. Any violation of this Code which would be a felony, an aggravated misdemeanor or a serious misdemeanor under State law or a violation of a simple misdemeanor under chapters of the Code of Iowa shall not constitute a Municipal infraction. 3

4 3. An officer authorized to enforce this Code or regulations may issue a civil citation to a person who commits a Municipal infraction. The citation may be served by personal service as provided in Iowa Code, 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 Iowa Code, rule of civil procedure and subject to the conditions of Iowa Code, rule of civil procedure 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. 4. In Municipal infraction proceedings: a. The matter shall be tried before a magistrate, a District associate judge or a District Judge in District Court if the total amount of civil penalties does not exceed five thousand dollars ($5,000.00) 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 five thousand dollars ($5,000.00). 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. 4

5 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. 5. 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 Iowa Code, section 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. 6. 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 City is liable for the court costs and court fees. Where the action is disposed of without payment, or provisions for assessment, of court costs, the clerk shall at once enter judgment for costs against the City. 7. Seeking a civil penalty as authorized in this Section does not preclude the City from issuing a criminal citation for the violation of the Waukee Municipal Code. 8. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. 9. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. April 11, 1989 November 27, 2000 Ordinance 2331 February 5, 2001 Ordinance 2337 [ replaced in entirety] May 1, 2006 Ordinance