§ 1-41. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Environmental violation means a municipal infraction which is a violation of Chapter 455B of the Code of Iowa (I.C.A. ch. 455B) or of a standard established by the city in consultation with the state department of natural resources, or both. However, the provisions of this section shall not be applicable until the city has offered to participate in informal negotiations regarding the violation or to the following specific violations:

(1)

A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 CFR 403.8.

(2)

The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products or by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.

Municipal infraction means any violation of this Code, any ordinance or code adopted by reference, or the omission or failure to perform any act or duty required thereby, is a municipal infraction and is punishable by civil penalty as provided herein, except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, a serious misdemeanor or a simple misdemeanor under I.C.A. chs. 687—747.

Officer means any employee or official authorized to enforce this Code, or any ordinance or code adopted by reference.

Repeat offense means a recurring violation of the same section of this Code, any ordinance or code adopted by reference, if the prior offense was committed not more than 24 hours prior to the recurring violation.

(Prior Code, § 10.01)