HomeMy WebLinkAbout4441-10/16/2000 BLACK HAWK COUNTY IOWA:SS 020040
MISC Filed for record APR 4 2001 at
4:00 P.M. and recorded in Book 342
9 MISC at Page 223
MARG
PRC" '- • RECORDER
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CITY OF WATERLOO
ATTN: NANCY ECKERT
This Ordinance prepared by Nancy Eckert, City Clerk, 715
Mulberry Street, Waterloo, Iowa.
ORDINANCE NO. 4441
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY:
REPEALING SECTION 1-8, GENERAL PENALTY;
SECTION 1-16, ADOPTION OF IOWA CODE §364 . 22 ,
MUNICIPAL INFRACTIONS; AND SECTION 1-17,
PENALTIES; ALL OF CHAPTER 1, GENERAL
PROVISIONS; AND ENACTING IN LIEU THEREOF NEW
SECTION 1-8, GENERAL PENALTY; SECTION 1-16,
ADOPTION OF IOWA CODE §364 . 22 , MUNICIPAL
INFRACTIONS; AND SECTION 1-17, PENALTIES;
ALL OF CHAPTER 1, GENERAL PROVISIONS; AND
REPEALING SECTION 16-27, PENALTY, OF CHAPTER
16, GARBAGE AND REFUSE; AND ENACTING IN LIEU
THEREOF A NEW SECTION 16-27, PENALTY, OF
CHAPTER 16, GARBAGE AND REFUSE; AND
REPEALING SECTION 163 -7, PENALTY, OF CHAPTER
16%, HAZARDOUS SUBSTANCES; AND ENACTING IN
LIEU THEREOF A NEW SECTION 16%-7, PENALTY,
OF CHAPTER 16%, HAZARDOUS SUBSTANCES; AND
REPEALING SECTION 23-62 . 1, PENALTIES FOR
VIOLATIONS, OF DIVISION 5, MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS, OF
ARTICLE II, SPECIFIC BUSINESSES AND
OCCUPATIONS, OF CHAPTER 23 , LICENSES AND
BUSINESS REGULATIONS; AND ENACTING IN LIEU
THEREOF A NEW SECTION 23-62 . 1, PENALTIES FOR
VIOLATIONS, OF DIVISION 5, MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS, OF
ARTICLE II , SPECIFIC BUSINESSES AND
OCCUPATIONS, OF CHAPTER 23 , LICENSES AND
BUSINESS REGULATIONS; AND
REPEALING SECTION 323 -5, PENALTIES, OF
CHAPTER 32%, SNOWMOBILES; AND ENACTING IN
LIEU THEREOF A NEW SECTION 3232-5, PENALTIES,
OF CHAPTER 3232, SNOWMOBILES; AND
REPEALING SUBSECTION (a) OF SECTION 33-54 ,
PENALTY FOR VIOLATION OF ARTICLE GENERALLY;
FAILURE OF CONTRACTOR TO ADHERE TO
PRESCRIBED SPECIFICATIONS, OF DIVISION 1,
GENERALLY, OF ARTICLE IV, SIDEWALKS, OF
CHAPTER 33 , STREETS AND SIDEWALKS; AND
ENACTING IN LIEU THEREOF A NEW SUBSECTION
(a) OF SECTION 33-54 , PENALTY FOR VIOLATION
OF ARTICLE GENERALLY; FAILURE OF CONTRACTOR
TO ADHERE TO PRESCRIBED SPECIFICATIONS, OF
DIVISION 1, GENERALLY, OF ARTICLE IV,
0342 PAGE 223
Ordinance No. 4441
Page 2
SIDEWALKS, OF CHAPTER 33 , STREETS AND
SIDEWALKS; AND
REPEALING SECTION 3332-8, VIOLATIONS, OF
CHAPTER 3334, CONVENIENCE STORE SECURITY; AND
ENACTING IN LIEU THEREOF A NEW SECTION 33%-
8, VIOLATIONS, OF CHAPTER 3332, CONVENIENCE
STORE SECURITY.; AND
REPEALING SECTION 35-2 , PENALTY FOR
VIOLATIONS, OF ARTICLE I , IN GENERAL; AND
SECTION 35-23 . 2, PENALTIES, OF DIVISION 3 ,
REGULATIONS, OF ARTICLE III , WEEDS; ALL OF
CHAPTER 35, VEGETATION; AND ENACTING IN LIEU
THEREOF A NEW SECTION 35-2, PENALTY FOR
VIOLATIONS, OF ARTICLE I , IN GENERAL; AND
SECTION 35-23 . 2 , PENALTIES, OF DIVISION 3 ,
REGULATIONS, OF ARTICLE III, WEEDS; ALL OF
CHAPTER 35, VEGETATION; AND
REPEALING SUBSECTION (2) VIOLATIONS AND
PENALTIES, OF SUBSECTION 1 . 15, ENFORCEMENT,
VIOLATIONS AND PENALTIES, OF SECTION 1,
GENERAL PROVISIONS, OF APPENDIX A,
SUBDIVISIONS; AND ENACTING IN LIEU THEREOF A
NEW SUBSECTION (2) VIOLATIONS AND PENALTIES,
OF SUBSECTION 1 . 15, ENFORCEMENT, VIOLATIONS
AND PENALTIES, OF SECTION 1, GENERAL
PROVISIONS, OF APPENDIX A, SUBDIVISIONS .
BE IT ORDAINED BY THE CITY OF WATERLOO, IOWA, THAT:
That Section 1-8, General Penalty; Section 1-16, Adoption of
Iowa Code §364 .22 , Municipal Infractions; and Section 1-17,
Penalties; all of Chapter 1, General Provisions, of the Code of
Ordinances of the City of Waterloo, Iowa, are hereby repealed in
their entirety; that new Section 1-8, General Penalty; Section
1-16, Adoption of Iowa Code §364 . 22 , Municipal Infractions; and
Section 1-17, Penalties; all of Chapter 1, General Provisions,
of the Code of Ordinances of the City of Waterloo, Iowa, are
hereby enacted in lieu thereof as follows :
Sec . 1-8 . General Penalty.
The doing of any act prohibited or declared to be unlawful or a
misdemeanor by this Code, or the omission or failure to perform
any act or duty required by this Code is, unless another penalty
is specified, punishable by a fine in a sum not exceeding five
hundred ($500 . 00) or imprisonment not to exceed thirty days .
Sec . 1-16 . Adoption of Iowa Code Section 364 . 22 , Municipal
Infractions .
Iowa Code Section 364 . 22 (1999) , Municipal Infractions, is
hereby adopted by reference, in its entirety. All amendments to
Iowa Code Section 364 . 22 (1999) shall automatically modify this
Section.
0342 PAGE 224
•
Ordinance No. 4441
Page 3
Sec . 1-17 . Penalties .
The civil penalty for a City Municipal infraction, other than
environmental violations, shall be scheduled as follow:
First Offense, two hundred dollars ($200 . 00) ;
Second Offense, five hundred dollars ($500 . 00) ;
Third or more offense, seven hundred fifty dollars
($750 . 00) .
That Section 16-27, Penalty, of Chapter 16, Garbage and Refuse,
of the Code of Ordinances of the City of Waterloo, Iowa, is
hereby repealed in its entirety; that a new Section 16-27,
Penalty, of Chapter 16, Garbage and Refuse, of the Code of
Ordinances of the City of Waterloo, Iowa, is hereby enacted in
lieu thereof as follows :
Sec . 16-27 . Penalty.
Persons violating the provisions of this chapter shall be guilty
of a municipal infraction and upon conviction thereof shall be
punished in accordance with Section 1-17 of the Code of
Ordinances of the City of Waterloo, Iowa.
That Section 16%-7, Penalty, of Chapter 16%, Hazardous
Substances, of the Code of Ordinances of the City of Waterloo,
Iowa, is hereby repealed in its entirety; that a new Section
16%-7, Penalty, of Chapter 16%, Hazardous Substances, of the
Code of Ordinances of the City of Waterloo, Iowa, is hereby
enacted in lieu thereof as follows :
Sec . 16%-7 . Penalty.
Any person, firm or corporation violating any provision, section
or paragraph of this chapter shall be guilty of a municipal
infraction and upon conviction thereof shall be punished in
accordance with Section 1-17 of the Code of Ordinances of the
City of Waterloo, Iowa.
That Section 23-62 . 1, Penalties For Violations, of Division 5,
Massage Establishments and Massage Technicians, of Article II ,
Specific Businesses and Occupations, of Chapter 23 , Licenses and
Business Regulations, of the Code of Ordinances of the City of
Waterloo, Iowa, is hereby repealed in its entirety; that a new
Section 23-62 . 1, Penalties For Violations, of Division 5,
Massage Establishments and Massage Technicians, of Article II ,
Specific Businesses and Occupations, of Chapter 23 , Licenses and
Business Regulations, of the Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted in lieu thereof as follows :
Sec . 23-62 . 1 Penalties for Violations .
It is hereby declared unlawful for any person to perform the
service or work of giving a massage to another person except in
compliance with the provisions of this division and any person,
firm, or corporation violating any section of this division
shall be guilty of a municipal infraction and upon conviction
thereof shall be punished in accordance with Section 1-17 of the
Code of Ordinances of the City of Waterloo, Iowa.
0342 PAGE 225
Ordinance No. 4441
Page 4
That Section 32%-5, Penalties, of Chapter 32%, Snowmobiles, of
the Code of Ordinances of the City of Waterloo, Iowa, is hereby
repealed in its entirety; that a new Section 32%-5, Penalties,
of Chapter 32%, Snowmobiles, of the Code of Ordinances of the
City of Waterloo, Iowa, is hereby enacted in lieu thereof as
follows :
Sec . 32%-5 . Penalties .
Any person who violates any of these provisions shall be guilty
of a municipal infraction and upon conviction thereof shall be
punished in accordance with Section 1-17 of the Code of
Ordinances of the City of Waterloo, Iowa.
That Subsection (a) of Section 33-54, Penalty For Violation of
Article Generally; Failure of Contractor To Adhere To Prescribed
Specifications, of Division 1, Generally, of Article IV,
Sidewalks, of Chapter 33 , Streets and Sidewalks, of the Code of
Ordinances of the City of Waterloo, Iowa, is hereby repealed in
its entirety; that a new Subsection (a) of Section 33-54,
Penalty For Violation of Article Generally; Failure of
Contractor To Adhere To Prescribed Specifications, of Division
1, Generally, of Article IV, Sidewalks, of Chapter 33 , Streets
and Sidewalks, of the Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted in lieu thereof as follows :
Sec . 33-54 (a) . Penalty for violation of article generally;
failure of contractor to adhere to prescribed
specifications .
(a) Any person violating the provisions of this article shall be
deemed guilty of an offense, and shall be liable for all damages
sustained by the city or by any person. Failure to comply with
any of the provisions of this article shall be deemed a
municipal infraction and upon conviction thereof shall be
punished in accordance with Section 1-17 of the Code of
Ordinances of the City of Waterloo, Iowa.
That Section 33%-8, Violations, of Chapter 33%, Convenience
Store Security, of the Code of Ordinances of the City of
Waterloo, Iowa, is hereby repealed in its entirety; that a new
Section 33%-8, Violations, of Chapter 33%, Convenience Store
Security, of the Code of Ordinances of the City of Waterloo,
Iowa, is hereby enacted in lieu thereof as follows :
Sec . 33%-8 . Violations .
Any person who violates any of these provisions shall be guilty
of a municipal infraction and upon conviction thereof shall be
punished in accordance with Section 1-17 of the Code of
Ordinances of the City of Waterloo, Iowa, in addition to any
other appropriate alternative relief ordering the defendant to
abate, cease or correct the violation, which shall include, but
not be limited to, injunctive relief .
0342 PAGE 226
•
Ordinance No. 4441
Page 5
That Section 35-2 , Penalty For Violations, of Article I , In
General; and Section 35-23 . 2 , Penalties, of Division 3 ,
Regulations, of Article III , Weeds; all of Chapter 35,
Vegetation, of the Code of Ordinances of the City of Waterloo,
Iowa, are hereby repealed in their entirety; that new Section
35-2 , Penalty For Violations, of Article I , In General; and
Section 35-23 . 2 , Penalties, of Division 3 , Regulations, of
Article III , Weeds; all of Chapter 35, Vegetation, of the Code
of Ordinances of the City of Waterloo, Iowa, are enacted in lieu
thereof as follows :
Sec . 35-2 . Penalty for Violations .
Any person violating or failing, refusing or neglecting to
comply with any provision or requirements of any section or
subsection of this chapter, in addition to any other remedy,
shall be guilty of a municipal infraction and upon conviction
thereof shall be punished in accordance with Section 1-17 of the
Code of Ordinances of the City of Waterloo, Iowa.
Sec . 35-23 . 2 . Penalties .
It is unlawful for any owner or person in possession of any lot,
parcel or tract of ground situated within the corporate limits
of Waterloo, Iowa, to permit weed hazard or nuisance to grow
thereon or upon the abutting right of way as provided in this
Article . Any person who violates any provision of this Article
shall be guilty of a municipal infraction and upon conviction
thereof shall be punished in accordance with Section 1-17 of the
Code of Ordinances of the City of Waterloo, Iowa.
That Subsection (2) Violations and Penalties, of Subsection
1 . 15, Enforcement, Violations and Penalties, of Section 1,
General Provisions, of Appendix A, Subdivisions, of the Code of
Ordinances of the City of Waterloo, Iowa, is hereby repealed in
its entirety; that a new Subsection (2) Violations and
Penalties, of Subsection 1 . 15, Enforcement, Violations and
Penalties, of Section 1, General Provisions, of Appendix A,
Subdivisions, of the Code of Ordinances of the City of Waterloo,
Iowa, is hereby enacted in lieu thereof as follows :
Appendix A—Subdivisions 1 . 15, Enforcement, Violations and
Penalties (2) Violations and Penalties .
(2) . Violations and Penalties . Any person, firm or corporation
who fails to comply with, or who violates any of these
regulations shall be guilty of a municipal infraction and upon
conviction thereof shall be punished in accordance with Section
1-17 of the Code of Ordinances of the City of Waterloo, Iowa.
INTRODUCED: October 16, 2000
PASSED 1ST CONSIDERATION: October 16, 2000
PASSED 2ND CONSIDERATION: October 16, 2000
PASSED 3RD CONSIDERATION: October 16, 2000
0342 PAGE 227
Ordinance No. 4441
Page 6
PASSED AND ADOPTED by the City Council on this 16th day of
October, 2000, and approved by the Mayor this 18th day of
October, 2000 .
�h i r if
Jorin R. Ro•ff, Mayoo
ATTEST:
fC4tex,t .
Nancy Eck t, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete
copy of Ordinance No. 4441, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 16th day of October, 2000 .
Witness my hand and seal of office this 18th day of
Ocgber, 4:'2.000 .
6964--4-
�� . Nancy Eck_': , City Clerk
•
0342 PAGE 228