HomeMy WebLinkAbout2025-02-03 I02 Park Regulations, Alcoholic Liquor Citation, Correct Scrivener's Error_INTRO, 1ST-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 3, 2025
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 26, Park
Regulations, by amending Section 26.14, Alcoholic Liquor, to correct a
scrivener’s error [introduction; first, second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: During a recent review of Chapter 26, Park Regulations,
of Waukee City Code, staff discovered an error in which Iowa Code 123.3(5)
is referenced as the definition of “alcoholic liquor”. The actual chapter is
Iowa Code 123.3(4).
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The proposed ordinance is considered a housekeeping matter.
The Code of Iowa requires a vote of not less than three-fourths of all the
members of the council (or 4 out of 5, in Waukee’s case) in order to waive
readings of an ordinance.
RECOMMENDATION: Introduce the ordinance, move to approve the first reading in title only,
waive the second and third readings and place the ordinance on final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY:Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I2
1
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 26, PARK REGULATIONS, BY AMENDING
SECTION 26.14, ALCOHOLIC LIQUOR, TO CORRECT A SCRIVENER’S ERROR
WHEREAS, the City of Waukee has established rules and regulations to facilitate the
enjoyment of park facilities and recreational trails by the general public using those City facilities;
AND,
WHEREAS, during a review of Chapter 26, Park Regulations, City staff discovered an
error in the citation of Iowa Code regarding the definition of “alcoholic liquor”;
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 26, Park Regulations, Section 26.14, Alcoholic Liquor, is hereby
amended as follows:
26.14 ALCOHOLIC LIQUOR.
No person shall have in his or her possession or consume any alcoholic liquor in the
public park, except at special events with permission from the Parks and Recreation
Board. For the purpose of this subsection, “alcoholic liquor” is defined in Section
123.3(4) of the Code of Iowa.
Section 2. Repealer. 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of this ordinance are hereby repealed.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 ______________, 2025, and approved this ___ day of
______________, 2025.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk