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Home My WebLink About2020-08-31-D02 Mayoral Powers and Duties_INTRO, 1ST READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 31, 2020 AGENDA ITEM:Consideration of approval of an ordinance amending Waukee Municipal Code Chapter 108.5, Powers and Duties of Mayor, by adding thereto Subsection O clarifying the mayor’s powers during a time of emergency or public danger, and repealing Waukee Municipal Code Chapter 607 [introduction; first reading] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: As it is currently written, Waukee Municipal Code does not specify the framework that authorizes the mayor to declare a state of emergency upon determination that such an emergency or public danger exists. The proposed ordinance also repeals Waukee Municipal Code Chapter 607, which would be in conflict if the proposed ordinance is approved. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Introduce the ordinance and approve the first reading in title only. ATTACHMENTS: I. Proposed Ordinance II. Waukee Municipal Code Chapter 607 PREPARED BY: City Attorney Steve Brick REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: D2 ORDINANCE NO. ____ ORDINANCE AMENDING WAUKEE MUNICIPAL CODE CHAPTER 108.5, POWERS AND DUTIES OF MAYOR BY ADDING THEREO SUBSECTION O CLARIFYING THE MAYOR’S POWERS DURING A TIME OF EMERGENCY OR PUBLIC DANGER AND REPEALING WAUKEE MUNICIPAL CODE CHAPTER 607 WHEREAS, Iowa Code Section 372.14(2) authorizes the Mayor to take command of the police and govern the City by proclamation upon making a determination that a time of emergency or public danger exists; AND WHEREAS, the municipal code does not currently specify the framework for the Mayoral exercise of those powers; AND WHEREAS, it is in the best interest of the city to provide the structure and means of enforcement in the event the Mayor deems it appropriate to issue a proclamation. BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1: Chapter 108.5, Waukee Municipal Code, Powers and Duties of Mayor, is hereby amended by adding thereto 108.5(O) as follows: O. Powers during emergency or public danger.When the Mayor determines that a time of emergency or public danger exists within the City, the Mayor may, by proclamation: 1)Declare a state of emergency; 2)Take command of the police and fire departments; 3)Govern the City; and 4)Exercise any and all emergency powers the Mayor may deem appropriate under the circumstances, including but not limited to the following: a)Direct emergency response activities by the police and fire departments and by such emergency services personnel as the Mayor may designate or appoint. b)Execute contracts for the emergency repair of public improvements should the same become necessary prior to the next regularly scheduled council meeting. c)Procure by purchase or lease, or authorize procurement by purchase or lease, of goods and services deemed necessary to the City’s emergency response efforts or for the repair of City buildings or facilities. d)Lease or authorize the lease of property deemed necessary for the City’s emergency response effort or for the continued operation of City government. e)Prescribe such restrictions, rules and regulations that the Mayor may deem appropriate during the time of emergency or public danger and the same shall be legal and binding and shall have the effect of law. 5)Violation of a Mayoral proclamation evidencing the exercise of emergency powers, or of any rule or order issued pursuant thereto by the Mayor, law enforcement officer or emergency service personnel, shall constitute a violation of this section and shall be punishable as a simple misdemeanor as provided in Waukee Municipal Code Section 103.4(a). The Mayor may establish a fine for violations of the proclamation issued hereunder in an amount not to exceed the maximum fine provided in Iowa Code Section 103.4(a), however, if no fine is specified in the proclamation, the violation shall be subject to the penalties set forth in Waukee Municipal Code Section 103.4(a). 6)Mayoral proclamations issued pursuant tot his Section shall remain in effect until withdrawn by the Mayor, provided however, that such proclamation shall be withdrawn by the Mayor, and the Mayor shall cease to exercise emergency powers hereunder, at such time as the conditions giving rise to the emergency or public danger are no longer present. Section 2. Repealer. Waukee Municipal Code Chapter 607 is hereby repealed in its entirety. In addition,all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Council the _____ day of _____________________ 2020, and approved this _____ day of _____________________ 2020. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk 1 TEMPORARY CIVIL DISORDER RESTRICTIONS §607.1 Declaration of Civil Disorder. Whenever the mayor determines that there has been either an act of violence or resistance to a lawful exercise of public authority, and that as a result thereof, he has reason to believe that there exists a clear and present danger of a riot or other general public disorder involving widespread disobedience of the law and substantial injury to persons or property, which riot or other general public disorder constitutes an immediate threat to the public peace and to the general welfare of the city, or any area of it, he may declare a state of civil disorder within the city or any of its areas. §607.2 Promulgation of Temporary Restrictions. Whenever the mayor declares that a state of civil disorder exists, he may promulgate any, all or part of the temporary restrictions provided for in Section 602.3 of this ordinance, with such limitations and conditions as he may deem appropriate under the circumstances. In so doing, he shall specify the area of the city affected by each restriction. Any measure promulgated will take effect only after reasonable notice of its contents has been given. §607.3 Temporary Restrictions. The mayor is authorized to promulgate any, all or part of the following restrictions: A. Alcohol. Order the immediate closing of all taverns and order the cessation of the sale or any other distribution of intoxicating liquor and beer. B. Weapons. Order the cessation of public display, possession, sale or any other distribution of firearms and ammunition. C. Explosives and Flammables. Order the cessation of the sale of any other distribution of explosives and flammables. D. Curfew. Order the closing of all or some public parks, public streets, or other public places during specified hours. E. Assembly. Order the cessation of any other activities reasonably believed hazardous to the maintenance of public safety. §607.4 Termination of Temporary Restrictions. Any restriction promulgated in accordance with the provisions of this ordinance will terminate automatically forty-eight (48) hours after the mayor's declaration of civil disorder was issued or upon his issuing a declaration that a state of civil disorder no longer exists, whichever occurs first; provided, however, that any or all of the restrictions promulgated by the mayor may be extended by successive resolutions of the city council for additional periods of time. The period of any one extension shall not exceed five (5) days. §607.5 Penalty. Anyone violating any of the provision of this ordinance shall, upon 2 convictions, be subject to imprisonment not exceeding thirty (30) days or a fine not exceeding $100.00 §607.6. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. §607.7. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. §607.8. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. March 1, 1999 – Ordinance No. 2274