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HomeMy WebLinkAbout2021-07-06-J02 Noise Control, Correct Error_INTRO, 1ST-3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 6, 2021 AGENDA ITEM:Consideration of approval of an ordinance to amend Code of Ordinances of the City of Waukee, Iowa by amending Chapter 52, Noise Control, by repealing Section 52.06, Noise Permit for Sound Equipment [Introduction; first, second, third (final) readings] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: On June 21, 2021, the Waukee City Council approved Ordinance No. 2993, Adopting the “Code of Ordinances of the City of Waukee, Iowa”. Following approval of Ordinance No. 2993, an error was discovered in Chapter 52, Noise Control, wherein a previously repealed section regarding noise permits for sound equipment was not removed from the new Chapter 52 provisions. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: As the ordinance corrects an error and does not make any alterations to code provisions themselves, City staff recommends approval of the first reading of the ordinance in title only and waiver of the second and third readings. 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, 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: J2 ORDINANCE NO. ___ AN ORDINANCE TO AMEND CODE OF ORDINANCES OF THE CITY OF WAUKEE, IOWA BY AMENDING CHAPTER 52, NOISE CONTROL, BY REPEALING SECTION 52.06, NOISE PERMIT FOR SOUND EQUIPMENT WHEREAS, on June 21, 2021, the Waukee City Council approved Ordinance No. 2993, Adopting the “Code of Ordinances of the City of Waukee, Iowa”; AND, WHEREAS, following approval of Ordinance No. 2993, an error was discovered in Chapter 52, Noise Control, wherein a previously repealed section regarding noise permits for sound equipment was not removed from the new Chapter 52 provisions. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Waukee, Iowa: SECTION 1. SUBSECTION REPEALED. The Code of Ordinances of the City of Waukee, Iowa, is hereby amended by repealing Section 52.06, which required a permit for sound equipment. SECTION 2. 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. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed by the Council this _____ day of __________, 2021, and approved this ____ day of _____________, 2021. Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk