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HomeMy WebLinkAbout2017-07-24-J03 Fireworks Use_New Years Eve-Day - 1st CONSIDERATION AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 24, 2017 AGENDA ITEM: Consideration of approval of an ordinance to amend Chapter 622, Provisions Prohibiting Certain Fireworks Activity within the City Limits, by amending Section 622.1(B) concerning dates and times of day during which consumer fireworks use is permitted (New Year’s Eve/New Year’s Day) [introduction; first reading] FORMAT: Ordinance SYNOPSIS INCLUDING PRO & CON: As directed by the City Council following the 07/17/2017 special meeting, Chapter 622 is proposed to allow for consumer firework use December 31 between the hours of 12:00 p.m. and continuing through 12:30 a.m. on January 1. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the first consideration of the ordinance. RECOMMENDATION: Introduce the Ordinance and approve the first reading in title only. ATTACHMENTS: I. Proposed Ordinance PREPARED BY: Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION:   1 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 622, PROVISIONS PROHIBITING CERTAIN FIREWORKS ACTIVITY WITHIN THE CITY LIMITS, BY AMENDING SECTION 622.1(B) CONCERNING DATES AND TIMES OF DAY DURING WHICH CONSUMER FIREWORKS USE IS PERMITTED (NEW YEAR’S EVE/NEW YEAR’S DAY) WHEREAS, the State of Iowa has enacted a law relating to the possession, sale, transfer, purchase, and use of fireworks, providing penalties, and including effective date provisions; and WHEREAS, Chapter 622 of the Waukee Municipal Code restricts the sale, use, discharge and possession of Fireworks in a manner consistent with State Law; and WHEREAS, to better protect the public health, safety and welfare of its citizens, the City desires to create an ordinance specifying dates and times associated with the New Year’s Eve and New Year’s Day holidays during which consumer fireworks is permitted; and BE IT THEREFORE ORDAINED by the City Council of the City of Waukee: Section 1: Chapter 622, Waukee Municipal Code, provisions prohibiting certain fireworks activity within the city limits of the City of Waukee, Iowa, is hereby amended by amending Section 622.1(B), Fireworks, as follows: 622.1 FIREWORKS B. No person shall use, explode, or discharge any consumer fireworks on days other than as follows: 2. December 31 between the hours of 12:00 p.m. and continuing through 12:30 a.m. on January 1. 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 ________, 2017, and approved this ___ day of _______, 2017. 2 William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk