Chapter 1.24 CIVIL INFRACTIONS

The city council finds that many minor misdemeanor offenses are obsolete or are more appropriately punished by the imposition of civil penalties. The city council finds that the decriminalization of some misdemeanors would allow resources of the legal system, such as judges, prosecutors, juries, and jails, to be used to punish serious criminal behavior, since acts characterized as criminal behavior have a tremendous fiscal impact on the legal system.

The city council finds that the establishment of a uniform system of civil infractions is a more expeditious and less expensive method of disposing of minor offenses and will decrease the cost and work load of the court. [Ord. 1009 § 2, 1993.]

1.24.030 Definitions.

(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(2) “Civil infraction case” means a proceeding, other than a traffic infraction, initiated in the court pursuant to an ordinance that authorizes offenses to be punished as infractions.

(3) “Court” means the Municipal Court of the city of Des Moines.

(4) “Defendant” means a person named in a notice of infraction.

(5) “Enforcement officer” means a law enforcement officer or other official authorized to enforce the provisions of the title or ordinance in which the civil infraction is established.

(6) “IRLJ” means the current edition of the “Infraction Rules for Courts of Limited Jurisdiction,” as published by the state Supreme Court.

(7) “Notice of infraction” means a document initiating a civil infraction case when issued and filed pursuant to this chapter. [Ord. 1009 § 3, 1993.]

1.24.040 Jurisdiction of the court.

Under this chapter, the court has authority to hear and determine civil infractions established by ordinance of the city council and committed within the jurisdiction of the city. [Ord. 1009 § 4, 1993.]

1.24.050 Issuance of process.

Notwithstanding any other provision of law governing service of process in civil cases, if the court has jurisdiction over an alleged civil infraction, it may issue process anywhere within the state. [Ord. 1009 § 5, 1993.]

1.24.060 Notice of infraction – Issuance, service, filing.

(1) A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of infraction.

(2) A notice civil infraction may be issued, upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:

(a) By an enforcement officer. The infraction need not have been committed in the officer’s presence, except as provided by statute; or

(b) By the city attorney.

(3) A notice of infraction is served either by:

(a) The citing officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance; or

(b) The citing officer or the city attorney filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at the person’s address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons.

(4) A notice of infraction shall be filed with the court within 48 hours of issuance, excluding Saturdays, Sundays, and legal holidays. A notice of infraction not filed within the time limits prescribed in this section may be dismissed without prejudice. [Ord. 1009 § 6, 1993.]

1.24.070 Person receiving notice – Identification and detention.

(1) A person who receives a notice of infraction under DMMC 1.24.060 is required to identify himself or herself to the enforcement officer by giving his or her true name, address, and date of birth. Upon request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.

(2) A person who is unable or unwilling to reasonably identify himself or herself to the enforcement officer may be detained for a time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. [Ord. 1009 § 7, 1993.]

1.24.080 Notice – Form.

(1) The notice of infraction shall contain the following information on the copy given to the defendant:

(a) A statement that the notice of infraction represents a determination that a civil infraction has been committed by the defendant and that the determination is final unless contested as provided in this chapter;

(b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

(c) A statement of the specific infraction that the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the alleged infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer;

(d) A statement of the monetary penalty that the defendant may pay in lieu of appearing in court;

(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that at any hearing to contest the determination that the city has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed and that the person may subpoena witnesses including the enforcement officer who issued the notice of infraction;

(g) A statement that a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;

(h) A statement that the defendant must respond to the notice of infraction within 15 days of issuance;

(i) A statement that a mailed response must be mailed not later than midnight on the day the response is due;

(j) A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the city attorney for criminal prosecution for failure to respond or appear;

(k) A statement, that the defendant shall sign, that the defendant promises to respond to the notice of infraction in one of the ways provided in this chapter;

(l) A statement that failure to respond to a notice of infraction as promised or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail;

(m) The name, address, and telephone number of the court; and

(n) The name and address of the defendant.

(2) The form of the notice of infraction is approved by the city attorney. [Ord. 1009 § 8, 1993.]

1.24.090 Notice – Determination final unless contested.

A notice of infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter. [Ord. 1009 § 9, 1993.]

1.24.100 Response to notice – Required.

A person who receives a notice of infraction shall respond to such notice as provided in DMMC 1.24.110 through 1.24.140 within 15 days of the date of the notice if it is personally served or, if the notice is served by mail, within 10 days of the date the notice was mailed. If the response is mailed, it must be postmarked not later than midnight of the day the response is due. [Ord. 1009 § 10, 1993.]

1.24.110 Response to notice – Uncontested determination.

If the person determined to have committed the civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court. A check or money order in the amount of the penalty prescribed for the civil infraction must be submitted with the response. The clerk of the court may accept cash in payment for a civil infraction. When a response that does not contest the determination is received, an appropriate order is entered into the court’s records. [Ord. 1009 § 11, 1993.]

1.24.120 Response to notice – Contested determination.

If the person determined to have committed the civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of notice of the hearing, except by agreement. [Ord. 1009 § 12, 1993.]

1.24.130 Response to notice – Mitigation hearing.

If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of notice of hearing, except by agreement. [Ord. 1009 § 13, 1993.]

1.24.140 Response to notice – Failure to respond or appear.

The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction and shall notify the city attorney of the failure to respond to the notice of infraction or to appear at a requested hearing if a person issued a notice of infraction:

(1) Fails to respond to the notice of infraction as provided in DMMC 1.24.110; or

(2) Fails to appear at a hearing requested as provided in DMMC 1.24.120 or 1.24.130. [Ord. 1009 § 14, 1993.]

1.24.150 Hearings – Rules of procedure.

Procedures for the conduct of all hearings provided in this chapter are those established by the state Supreme Court in the IRLJ. [Ord. 1009 § 15, 1993.]

1.24.160 Hearings – Counsel.

(1) A person subject to proceedings under this chapter may be represented by counsel.

(2) The attorney representing the city may appear in any proceedings under this chapter but need not appear, notwithstanding a statute or rule of court to the contrary. [Ord. 1009 § 16, 1993.]

1.24.170 Hearings – Contesting determination that infraction committed – Appeal.

(1) A hearing held to contest the determination that a civil infraction has been committed is without a jury and is recorded in the manner provided for in courts of limited jurisdiction.

(2) The court may consider the notice of infraction and any other written report made under oath submitted by the enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the enforcement officer’s personal appearance at the hearing. The person named in the notice may request the court for issuance of subpoena of witnesses, including the enforcement officer who issued the notice, and has the right to present evidence and examine witnesses present in court.

(3) The burden of proof is upon the city to establish the commission of the civil infraction by a preponderance of the evidence.

(4) After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. Where it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered into the court’s records. Where it has been established that the civil infraction was committed, an appropriate order shall be entered into the court’s records.

(5) An appeal from the court’s determination or order is to the superior court in the manner provided by the “Rules for Appeal of Decisions of Courts of Limited Jurisdiction.” [Ord. 1009 § 17, 1993.]

1.24.180 Hearings – Explanation of mitigating circumstances.

(1) A hearing held to allow a person to explain mitigating circumstances surrounding the commission of a civil infraction is an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held to explain mitigating circumstances.

(2) After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order is entered into the court’s records.

(3) There is no appeal from the court’s determination or order. [Ord. 1009 § 18, 1993.]

1.24.190 Monetary penalties – Amounts.

Unless specifically stated elsewhere in the DMMC, the violation or failure to comply with any provision of the DMMC is a Class 1 civil infraction. A person found to have committed a civil infraction is assessed a monetary penalty:

(1) The maximum penalty and the default amount for a Class 1 civil infraction is $250.00, not including statutory assessments;

(2) The maximum penalty and the default amount for a Class 2 civil infraction is $125.00, not including statutory assessments;

(3) The maximum penalty and the default amount for a Class 3 civil infraction is $50.00, not including statutory assessments;

(4) The maximum penalty and the default amount for a Class 4 civil infraction is $25.00, not including statutory assessments;

(5) The maximum penalty and the default amount for a Class 5 civil infraction is $25.00, not including statutory assessments; and

(6) The maximum penalty and the default amount for a Class 6 civil infraction is $25.00, not including statutory assessments. [Ord. 1598 § 1, 2014: Ord. 1505 § 1, 2011: Ord. 1402 § 1, 2007: Ord. 1325 § 1, 2003: Ord. 1009 § 19, 1993.]

1.24.200 Monetary penalties – When payable.

A monetary penalty imposed by the court under this chapter is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the city attorney of the failure to pay. [Ord. 1009 § 20, 1993.]

1.24.210 Restitution.

The court may also order a person found to have committed a civil infraction to make restitution. [Ord. 1009 § 21, 1993.]

1.24.220 Order of court – Civil nature.

An order entered after the receipt of a response that does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing to explain mitigating circumstances is civil in nature. [Ord. 1009 § 22, 1993.]

1.24.230 Modification of penalty.

The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. [Ord. 1009 § 23, 1993.]

1.24.240 Community service.

If the court determines that a person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the current state minimum wage per hour. [Ord. 1009 § 24, 1993.]

1.24.250 Costs and attorney fees.

Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a civil infraction case. [Ord. 1009 § 25, 1993.]

1.24.260 Notice, failure to sign, nonappearance.

(1) A person who fails to sign a notice of infraction is punished pursuant to DMMC 9.04.100.

(2) A person who willfully violates the person’s written and signed promise to appear in court or the person’s written and signed promise to respond to a notice of infraction is punished pursuant to DMMC 9.04.100 regardless of the disposition of the notice of the civil infraction. A written promise to appear in court or a written promise to respond to a notice of infraction may be complied with by an appearance by counsel. [Ord. 1009 § 26, 1993.]

1.24.270 Failure to satisfy penalty.

A person who willfully fails to pay a monetary penalty or to perform community service as required by the court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW as presently constituted or as may be subsequently amended. [Ord. 1009 § 27, 1993.]