§ 34.05. MUNICIPAL CIVIL INFRACTION CITATIONS; CONTENTS AND FORM.

(A) A municipal civil infraction citation shall contain the name and address of the alleged violator, the municipal civil infraction alleged, the place where the alleged violator shall appear in court, the telephone number of the court, and the time at or by which the appearance shall be made.

(B) The time for appearance specified in a municipal civil infraction citation shall be within a reasonable time after the citation is issued.

(C) The place for appearance specified in a municipal civil infraction citation shall be the district court.

(D) The municipal civil infraction citation shall inform the alleged violator that he or she may do one of the following:

(1) Admit responsibility for the municipal civil infraction by mail, in person, or by representation, at or by the time specified for appearance;

(2) Admit responsibility for the municipal civil infraction violation “with explanation” by mail by the time specified for appearance or in person or by representation; or

(3) Deny responsibility for the municipal civil infraction by doing either of the following:

(a) Appearing in person for an informal hearing before a judge or district court magistrate, without the opportunity of being represented by an attorney, unless a formal hearing before a judge is requested by the city; or

(b) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.

(E) The municipal civil infraction citation shall also inform the alleged violator of all of the following:

(1) That if the alleged violator desires to admit responsibility “with explanation” in person or by representation, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time for an appearance;

(2) That if the alleged violator desires to deny responsibility, the alleged violator must apply to the court in person, by mail, by telephone, or by representation within the time specified for appearance and obtain a scheduled date and time to appear for a hearing, unless a hearing date is specified on the citation;

(3) That a hearing shall be an informal hearing unless a formal hearing is requested by the alleged violator or the city;

(4) That at an informal hearing the alleged violator must appear in person before a judge or district court magistrate, without the opportunity of being represented by an attorney; and

(5) That at a formal hearing the alleged violator must appear in person before a judge with the opportunity of being represented by an attorney.

(F) The municipal civil infraction citation shall contain a notice in boldfaced type that the failure of the alleged violator to appear within the time specified in the citation or at the time scheduled for a hearing or appearance is a misdemeanor and will result in the entry of a default judgment against the alleged violator in the municipal civil infraction action.

(G) A municipal civil infraction citation for a municipal civil infraction signed by an authorized city official shall be treated as made under oath if the infraction alleged in the citation occurred in the presence of the official signing the complaint and if the citation contains the following statement immediately above the date and signature of the official: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief .”

(H) Each citation shall be numbered consecutively and shall be in a form approved by the State Court Administrator.

(I) The original citation shall be filed with the district court. Copies of the citation shall be retained by the city and issued to the alleged violator as provided by § 8705 of the Act.

(Ord. 147, passed 8-10-1998)