HomeMy WebLinkAbout2020-09-08-J02 Violation Penalties_2ND-3RD READCITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 8, 2020
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 103.4(A),
Waukee Municipal Code, establishing penalties for violations of Waukee
Municipal Code (SE Waco Place) [second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: 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: Approve the second reading of the ordinance in title only, waive the
third reading 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:
AGENDA ITEM: J2
ORDINANCE NO. ____
AN ORDINANCE TO AMEND CHAPTER 103.4(A), WAUKEE MUNICIPAL CODE,
ESTABLISHING PENALTIES FOR VIOLATIONS OF WAUKEE MUNICIPAL CODE
WHEREAS, the State of Iowa has amended Iowa Code section 364.3(2) adjusting the
penalties imposed for violations of City code; and
WHEREAS, it is necessary to amend the Waukee Municipal Code to bring the penalties for
violations of the City Code into compliance with Iowa law as amended.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Section 103.4(A), Waukee Municipal Code, should be and the same is hereby
repealed and enacted in lieu thereof is as follows
§103.4(A) Standard Penalty. A violation of the Waukee Municipal Code constitutes a
simple misdemeanor. If the punishment for a violation of a statute of the State of Iowa
which has been incorporated by reference into Waukee Municipal Code, or is the same as
an ordinance of the Waukee Municipal Code, and punishment for violation of such
statute is different from that provided under the Waukee Municipal Code for a simple
misdemeanor, the punishment set out in the Code of Iowa shall prevail. Anyone violating
any other provision of the Waukee Municipal Code shall be guilty of a simple
misdemeanor, and upon conviction, shall be subject to a fine of not less than sixty-five
dollars but not more than six hundred twenty-five dollars ($625.00) or imprisonment not
to exceed thirty (30) days. Each day that a violation occurs or is permitted to exist by the
violator constitutes a separate offense.
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 _____________________ 2020, and approved this
_____ day of _____________________ 2020.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk