ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WINDSOR HEIGHTS, IOWA, BY AMENDING CHAPTER 50 NUISANCES

Transcription

1 Item#8A ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WINDSOR HEIGHTS, IOWA, BY AMENDING CHAPTER 50 NUISANCES WHEREAS, the City of Windsor Heights seeks to promote the public health, safety, general welfare and aesthetics of the community through consistent, content-neutral and nondiscriminatory enforcement within its city limits; and WHEREAS, the State of Iowa has established new laws related to the use, sale and warehousing of consumer fireworks in the state; and WHEREAS, the City has recognized that there are added enforcement concerns regarding the use of fireworks within the City of Windsor Heights; and WHEREAS, on June 19, 2017, following proper notice and publication of the proposed changes, the City Council held a public hearing on the proposed changes to Chapter 50; and WHEREAS, the City Council of the City of Windsor Heights do hereby find and declare that the revisions to Chapter 50 ordinance are necessary and will promote the health, safety, general welfare and aesthetics of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINDSOR HEIGHTS, POLK COUNTY, IOWA: SECTION 1. Purpose. The purpose of this ordinance is to amend Chapter 50 of the Windsor Heights Code of Ordinances to enhance the effectiveness of enforcement for City of Windsor Heights. SECTION 2. Amended. Chapter 50 of the Windsor Heights Code of Ordinances, Nuisances, is amended as reflected in the attached Exhibit A. SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. Severability. 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 5. Effective Date. This ordinance shall be effective after the final passage, approval and publication as provided by law.

2 Passed and Approved this day of, st Reading: 2 nd Reading: 3 rd Reading: Publish Date: (SEAL) Diana Willits, Mayor ATTEST: Marcia Woodke,Interim City Clerk

3 50.02 NUISANCES ENUMERATED. The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City: (Code of Iowa, Sec ) 34. Fireworks. The illegal use of fireworks will be deemed an immediate nuisance and shall be subject to enforcement by municipal infraction. A. Owner/Occupant Responsibility It is unlawful for an individual, owner, lessee, renter, proprietor, or any other person with control of the real property to allow, permit, host, consent to or facilitate the use or exploding of Consumer or Display Fireworks within the City limits. An individual, owner, lessee, renter, proprietor, or any other person with control of the real property shall be presumed to have consented to the display of Consumer or Display fireworks on the property or adjacent right of way if law enforcement or fire officials observe and document the existence of the remnants of unlawful fireworks on the premises indicative of the use or display of such fireworks. B. Exceptions. This subsection does not apply to an individual, owner, lessee, renter, proprietor, or any other person with control of the real property who possesses, at the time of the offense, a permit for the use of Display Fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator and the operator or sponsoring organization has filed with the City evidence of insurance as set forth by this Code of Ordinances. C. Violations. Violations of this subsection will be deemed an immediate nuisance and shall be subject to enforcement by municipal infraction Civil Citation. Each offense: two hundred fifty dollars ($250.00).

4 50.02 NUISANCES ENUMERATED. The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City: (Code of Iowa, Sec ) 34. Fireworks. All use or display of fireworks except as permitted by law or this Code of Ordinances. use of illegalthe illegal use of fireworks will be deemed an immediate nuisance and shall be subject to enforcement by municipal infraction. A. Owner/Occupant Responsibility It is unlawful for an individual, owner, lessee, renter, proprietor, or any other person with control of the real property to allow, permit, host, consent to or facilitate the use or exploding of Consumer or Display Fireworks within the City limits. An individual, owner, lessee, renter, proprietor, or any other person with control of the real property shall be presumed to have consented to the display of Consumer or Display fireworks on the property or adjacent right of way if law enforcement or fire officials observe and document the existence of the remnants of unlawful fireworks on the premises indicative of the use or display of such fireworks. B. Exceptions. This subsection does not apply to an individual, owner, lessee, renter, proprietor, or any other person with control of the real property who possesses, at the time of the offense, a permit for the use of Display Fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator and the operator or sponsoring organization has filed with the City evidence of insurance as set forth by this Code of Ordinances. C. Violations. Violations of this subsection will be deemed an immediate nuisance and shall be subject to enforcement by municipal infraction Civil Citation. Each offense: two hundred fifty dollars ($250.00).

5 ITEM # DATE: 7/17/17 COUNCIL ACTION FORM AGENDA ITEM: Approval of Amending Code of Ordinance Chapter relating to Fireworks Nuisances HISTORY: The City of Windsor Heights Code of Ordinances Section provides a list of nuisances for city ordinances. Subsection 34 defines fireworks as an illegal use and nuisance within the City. The existing language of subsection 34 utilizes definitions that are no longer valid in their entirety. This is a result of Iowa legislation in the 87th General Assembly, Senate File 489 (SF489). The revisions to subsection 34 provide updated definitions consistent with Senate File 489 and municipal ordinance changes currently under consideration for Chapter of the City of Windsor Heights Municipal Code and extends enforcement culpability to the owner/occupant in control of real property that allows, permits, hosts, consents or facilitates a violation of subsection 34. The violation section of subsection 34 has been revised to list a predetermined violation amount of $250. Although city ordinance chapter 4 allows for a violation amount to be up to, First offense not to exceed $ and each repeat offense not to exceed $1, The Public Safety Committee met on May 3 and discussed the attached current and proposed revisions. OPTIONS: 1. Do nothing and allow the current ordinance to prevail to the extent it does not conflict with the law. 2. Approved the Ordinance with the proposed amendments as presented. 3. Do not approve the Ordinance and direct staff to look into other alternatives. STAFF RECOMMENDATIONS: Staff recommends the Chapter subsection 34 revisions as presented to maintain the current intent of the code of ordinances while expanding the culpability of violations for this subsection while defining a specific violation amount. Furthermore, the Public Safety Committee agrees with the proposed amendment. Therefore, it is the recommendation of the City Administrator that Council approves Option #2, approval of the Ordinance with the proposed amendments as presented.