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HomeMy WebLinkAbout4237-07/07/1997 ORDINANCE NO. 4237 AN ORDINANCE REPEALING SUBSECTION (d) PENALTIES OF SECTION 27-24, POSSESSION OF TOBACCO BY PERSONS UNDER EIGHTEEN YEARS OF AGE, AND SUPPLYING TOBACCO TO PERSONS UNDER EIGHTEEN YEARS OF AGE, PROHIBITED, OF CHAPTER 27 , OFFENSES—MISCELLANEOUS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (d) PENALTIES OF SECTION 27-24, POSSESSION OF TOBACCO BY PERSONS UNDER EIGHTEEN YEARS OF AGE, AND SUPPLYING TOBACCO TO PERSONS UNDER EIGHTEEN YEARS OF AGE, PROHIBITED OF CHAPTER 27 , OFFENSES—MISCELLANEOUS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (d) Penalties of Section 27-24, Possession of Tobacco by Persons Under Eighteen Years of Age, and Supplying Tobacco to Persons Under Eighteen Years of Age, Prohibited, of Chapter 27, Offenses—Miscellaneous, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Subsection (d) Penalties of Section 27- 24, Possession of Tobacco by Persons Under Eighteen Years of Age, and Supplying Tobacco to Persons Under Eighteen Years of Age, Prohibited, of Chapter 27, Offenses—Miscellaneous, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows : Sec . 27-24 . Possession of Tobacco by Persons Under Eighteen Years of Age, and Supplying Tobacco to Persons Under Eighteen Years of Age, Prohibited. (d) Penalties . (1) A violation of subsection (b) shall be a simple misdemeanor. (2) A violation of subsection (c) shall be a civil penalty. No criminal penalty surcharge or court costs shall be imposed. If the violation is a first offense, the scheduled fine is twenty-five dollars ($25 . 00) . If the violation is a second offense, the scheduled fine is fifty dollars ($50 . 00) . If the violation is a third or subsequent offense, the scheduled fine is one hundred dollars ($100 . 00) . (3 ) Failure to pay the civil penalty under subsection (2) above is a scheduled fine of twenty-five dollars ($25 . 00) if the violation is a first offense, fifty dollars ($50 . 00) if the violation is a second offense, and one hundred dollars ($100 . 00) if the violation is a third or subsequent offense. Failure to pay the scheduled fine shall not result in the person being detained in a secure facility. INTRODUCED: July 7, 1997 PASSED 1sT CONSIDERATION: July 7, 1997 PASSED 2ND CONSIDERATION: July 7 , 1997 PASSED 3RD CONSIDERATION: July 7 , 1997 PASSED AND ADOPTED by the City Council this 7th day of July, 1997, and approved by the Mayor thi •th ' - v of July, 1997 . Jo' n R Roof ,f, May ATTEST: g:44/74- Nancy Ec,/ert, Acting City Clerk BOOK 32?PAGE 8?8 ORDINANCE NO. 4237 PAGE 2 CERTIFICATE I, Nancy Eckert, Acting City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true andomplete copy of Ordinance No. 4237 , as passed and adopted by „'they Council of the City of Waterloo, Iowa, on the 7t'' day of July, 4;9*T. Witness my hand and seal of office this 9th day of :Juy, 1997 . Nancy Eck t, Acting City Clerk Misc INDEX Pt' MARGIN PROOFc r' COMPARE Ok 8739 BLACK HAWK COUNTY IOWA:SS Filed for record Oct 30, 1997 at 4:00 P. M. and recorded in Book 327 of M1 ScCZ24:1--) ,j)4144440 � Page 878 Recorder Fee 1-10.00/ City of Waterloo BOOi! 327 PAGE 879 • • • • FORM 1 1 T. STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal ,Waterloo, City of • Black Hawk County, Ordinance 4237 ORDINANCE NO.4237 AN ORDINANCE REPEALING SUBSECTION (d) PENALTIES OF SECTION 27-24, POSSES- SION OF TOBACCO BY PER- SONS UNDER EIGHTEEN YEARS OF AGE, AND TOBACCO TO PERSONS UNDER notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in EIGHTEEN YEARS OF AGE,PRO- HIBITED, OF CHAPTER 27, OFFENSES-MISCELLANEOUS AND ENACTING IN LIEU THERE- Waterloo,Black Hawk County,Iowa,once commencing on the 3rd OF A NEW SUBSECTION (d) PENALTIES OF SECTION 27.24, POSSESSBACCO BY PERSONS IOU DERN OF OEIGHTEEN da of YEARS OF AGE, AND SUPPLY- y November 19 97 in the name of ING TOBACCO TO PERSONS AGE, • UNDR EIGHTEEN YEARS OF E PROHIBITED OF CHAP- said newspaper, and that the annexed rate of advertised is the regular legal rate of said TER 27,OFFENSES-MISCELLA- NEOUS; BE IT ORDAINED bythe City Council of the City Of Waterloo, newspaper,and that the following is a correct bill for publishing said notice. Iowa: • That Subsection (d) Penalties of Section 27.24, Possession of Printer's Bill$ Tobacco by Persons Under Eigh- teen Years of Age, and Supplying Tobacco to Persons Under Eighteen Years of Age, Prohibited, of Chap- ter 27, Offenses-Miscellaneous, of the 1993 Code of Ordinances ' of the City of Waterloo, Iowa,is hereby repealed in its entirety;that a new Subsection(d)Penalties of L YLX7�l%_ 2 �u----` Section 27-24, Possession of Tobacco by Persons Under Eigh- Signed teen Years of Age, ana Supplying Tobacco to Persons Under Eighteen Years of Age,Prohibited, of Chap- • ter 27, Offenses-Misellaneous, of the 1993 Code of Ordinances of Subscribed and sworn to before me this day of the City of Waterloo, Iowa, is here- by enacted in lieu thereof as fol- Sec. 9 2 Sec 27-24. Possession of 1 / / /A Tobacco by Persons Under Eigh- teen L A.D., 19 Years of Age,and Supplying • • Tobacco to Persons Under Eighteen Years of Age,Prohibited. • d Penalties. • (1) A violation of subsection (b) shall be a simple misdemeanor. '//J/�J/y►"- / A violationsubsection (c) shallpenalty. be a civil penn alty. No criminal penalty surcharge or court costs Notary Public shall be imposed. If the violation is a first offense, the scheduled fine is twenty-five dollars($25.00). If the • violation is a second offense, the scheduled fine is fifty doliars ($50.00). If the violation is a third or subsequent offense,the scheduled Received of fine is one hundred dollars $100.00). (3) Failure to pay the ciiil penalty under subsection(2)above is a scheduled fine of twenty-five dollars($25.00) if the violation is a first offense, fifty dollars the sum of ($50.00) if the violation is a second offense, and one hundred dollars ($100.00) if the violation is a third or subsequent offense. Fail- ure to pay the scheduled fine shall Dollars not result in the person being detained in a secure facility. INTRPASSED ONuly 7,1ER in full for publication of the above notice. PASSED 1ST CONSIDERATION: July 7,1997 PASSED 2ND CONSIDERATION: July 7,1997 PASSED 3RD CONSIDERATION: July 7,1997 PASSED AND ADOPTED by the City Council this 7 day of July, 1997,and approved by the Mayor this 9th day of July,1997. John R.Rooff,Mayor ATTEST: Nancy Eckert,Acting City Clerk