Local Government Law Bulletin #130

Cities and counties have a range of methods available to enforce their ordinances. One method is by criminal (or infraction) enforcement, with the punishment usually being payment of a fine (or, in the case of an infraction, a penalty). A second is by civil enforcement through an action in the nature of debt, with the punishment being payment of a penalty. Local governing boards may specifically limit enforcement to one method or the other, or may provide for enforcement by either method. This bulletin explores the differences that can result because a city or county decides to enforce a particular ordinance through one or the other method of enforcement.