Chapter 1.15
ENFORCEMENT
Sections:
1.15.020 Proceedings to enforce ordinances – Plaintiff – Appeals.
1.15.030 Pleading existence of ordinance violations.
1.15.040 Procedure – Commitment.
1.15.050 Maximum time for commencing proceedings for enforcement of ordinances.
1.15.060 Suspension of sentence – Probation.
1.15.070 Repealed.
1.15.010 Title.
This chapter may be cited as the “municipal code violations.” [Prior code § 13-1-1]
1.15.020 Proceedings to enforce ordinances – Plaintiff – Appeals.
A. All actions to enforce any ordinance of this code shall be brought in the name of the municipality as plaintiff. No prosecution, conviction or acquittal for the violation of an ordinance is a defense to any other prosecution of the same party for any other violation of an ordinance, although different causes of action existed at the same time and, if united, would have exceeded the jurisdiction of the municipal court.
B. The plaintiff or defendant may appeal to the district court from the judgment of any municipal court within 15 days after judgment and sentence rendered in the municipal court. [Prior code § 13-1-2]
1.15.030 Pleading existence of ordinance violations.
In all actions brought to enforce any ordinance, it shall be sufficient to state in the complaint or affidavit the number of the section and title of the ordinance violated without stating said section or ordinance in full or the substance thereof. [Prior code § 13-1-3]
1.15.040 Procedure – Commitment.
A. In any action for the violation of any ordinance in which an arrest has not been made, a warrant for the arrest of the defendant may issue in the first instance upon the affidavit of any person making a complaint that he/she has reasonable grounds to believe the party charged is guilty. Any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense, or be allowed to post an appropriate bond.
B. The first process shall be a citation or summons in cases involving violations of any municipal ordinance not amounting to a breach of the peace, requiring the party to appear before the municipal court, at a time fixed in citation or summons. Upon the failure of the party charged to appear, a warrant for her/his arrest shall forthwith issue by the municipal judge for the offense specified in the citation or summons, commanding that the party charged shall be arrested and proceedings had as in the case when arrest is made upon a warrant issued upon affidavit as provided in subsection (A) of this section.
C. Any person upon whom any fine or penalty is imposed may, upon order of the court convicting her/him, be committed to the county jail, or other place provided by the municipality for the incarceration of offenders until the fine or penalty is fully paid. No such imprisonment shall exceed 90 days for any one offense. Every person so committed shall work for the municipal corporation, at such labor as her/his strength will permit, within or without the place provided for the incarceration, not exceeding eight hours each working day. Each offender shall be credited at the rate of the prevailing federal hourly minimum wage in reduction of any fine. [Ord. 2003-11 § 3; prior code § 13-1-4]
1.15.050 Maximum time for commencing proceedings for enforcement of ordinances.
All prosecutions for the commission of any offense made punishable by this code shall be commenced within one year after the violation and shall be barred thereafter. [Prior code § 13-1-5]
1.15.060 Suspension of sentence – Probation.
A. The municipal court may, upon entry of a plea of guilty or judgment of conviction:
1. Suspend in whole or part the execution of sentence; or
2. Place the defendant on probation for a period not exceeding one year on terms and conditions the court deems best, or both.
B. Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant’s liability for any fine or other punishment imposed is fully discharged upon successful completion of the terms and conditions of probation. [Prior code § 13-1-6]
1.15.070 Mandatory judicial education fee.
Repealed by Ord. 2003-11. [Ord. 93-10 § 1; prior code § 13-1-8]