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Home My WebLink About2020-09-08-J03 Mayoral Powers and Duties_Option A_INTRO, 1ST-3RD READAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 8, 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 (Option A) [introduction; first, second, third (final) readings] FORMAT:Ordinance SYNOPSIS INCLUDING PRO & CON: After council approval of the first reading of the ordinance at the 08/31/2020 special meeting, City staff met with the City Attorney and discussed an alternative enforcement mechanism. 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. The City Attorney believes that the ordinance amendments are significant enough to warrant a new introduction and first reading. 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: J3 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)The penalty for violation of a mayoral proclamation shall be specifically provided in any proclamation issued by the Mayor pursuant to this chapter consistent with one of the following: A)A 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 Waukee Municipal 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). B)A 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 municipal infraction as provided in Waukee Municipal Code Section 103.4(b). The Mayor may establish a civil penalty for violations of the proclamation issued hereunder in an amount not to exceed the maximum penalty(s) provided in Iowa Code Section 103.4(b). The procedure shall be as follows: i.A citation shall be issued to a violator, on a form approved by the City attorney. The civil penalty provided in the proclamation shall be due and payable within 30 days of the issuance of the citation to the City Clerk’s office. ii.Within 30 days of the issuance of the citation, the alleged violator may file a written notice of appeal with the City Clerk. Failure to file an appeal with the City Clerk as provided herein shall be deemed an admission of the violation and the civil penalty shall be considered due and delinquent. Delinquent and unpaid fines are subject to collection in any manner allowed by law. iii.In the event a timely written notice of appeal is filed with the City Clerk, a municipal infraction shall be issued pursuant to Waukee Municipal Code Section 103.4(b) and applicable Iowa Law. Upon the court’s determination that a violation occurred, in addition to the applicable civil penalty and other remedies allowed by law, the violator shall be responsible for court costs. 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