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HomeMy WebLinkAbout3855-04/13/1992IOWA: ORDINANCE NO. 3855 AN ORDINANCE AMENDING THE WATERLOO CODE OF ORDINANCES, BY REPEALING ARTICLE II, MUNICIPAL INFRACTIONS, OF CHAPTER 1, GENERAL PROVISIONS; AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE II, MUNICIPAL INFRACTIONS, OF CHAPTER 1, GENERAL PROVISIONS; AND BY REPEALING SECTION 34-57, CRIMINAL PENALTIES, AND SECTION 34-58, FALSIFYING INFORMATION, OF ARTICLE III, SEWERS, OF CHAPTER 34, UTILITIES; AND BY ENACTING IN LIEU THEREOF A NEW SECTION 34-57, PENALTIES, AND A NEW SECTION 34-58, FALSIFYING INFORMATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, That Article II, Municipal Infractions, of Chapter 1, General Provisions, of the Waterloo Code of Ordinances, is hereby repealed in its entirety; that a new Article II, Municipal Infractions, of Chapter 1, General Provisions, of the Waterloo Code of Ordinances, is hereby enacted in lieu thereof as follows: ARTICLE II. MUNICIPAL INFRACTIONS. Sec. 1-15. Definitions. As used in this article, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: (a) Municipal Infraction: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this Code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this Code or any ordinance or code herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Chapters 687 through 747 of the Iowa Code (1991). A municipal infraction is punishable by civil penalty as provided herein. (b) Officer: Any employee or official of the City of Waterloo authorized to enforce the Waterloo Code of Ordinances. (c) Repeat Offense: A recurring violation of the same section of the Waterloo Code of Ordinances. Sec. 1-16. Adoption of Iowa Code §364.22, Municipal infractions. Iowa Code §364.22 (1991), Municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code §364.22 (1991) shall automatically modify this section. Sec. 1-17. Penalties. The civil penalty for a City of Waterloo municipal infraction, other than environmental violations, shall be scheduled as follows: First offense, twenty-five dollars ($25.00); Second offense, fifty dollars ($50.00) ; Third offense, one hundred dollars ($100.00); and Fourth or more offense, up to two hundred dollars ($200.00). That Section 34-57, Criminal penalties, and Section 34-58,q BOOK OWPAGE 913 Ordinance No. 3855 Page 2 Falsifying information, of Article III, Sewers, of Chapter 34, Utilities, of the Waterloo Code of Ordinances, are hereby repealed in their entirety; that a new Section 34-57, Penalties, and new Section 34-58, Falsifying information, of Article III, Sewers, of Chapter 34, Utilities, of the Waterloo Code of Ordinances, are hereby enacted in lieu thereof as follows: Sec. 34-57. Penalties. Any user who is found to have violated an order of the city council or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations, and permits issued hereunder, shall be guilty of an environmental municipal infraction and/or misdemeanor and punished in accordance with the penalty provisions of Chapter 1 of the Waterloo Code of Ordinances. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees, and all other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations, and agreements issued hereunder. Sec. 34-58. Falsifying information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article or waste water discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be guilty of an environmental municipal infraction and/or misdemeanor and punished in accordance with the penalty provisions of Chapter 1 of the Waterloo Code of Ordinances. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: April 13, 1992 April 13, 1992 April 13, 1992 April 13, 1992 PASSED AND ADOPTED by the City Council this 13th day of April, 1992, and approved by the Mayor this 15th day of April, 1992. Albert C. Manning, Jr., Mayor ATTEST: Larr rger, Ci Clerk/Auditor CERTIFICATE 'I I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 3855, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of April, 1992. Witness my hand and seal of office this 15th day of April, 1992. BOOK 300 PAGE 914 Misc IL4DEXEDP' COMPARECG PAGEDV) 19011 BLACK HAWK COUNTY, IOWA:SS Filed for record Apr 28 19 92 o at 1:30 P M. and recorded in Mi sc Book 300 Page 913 • cp at4s4 cn Recorder Deputy Fee 10,00/ CITY OF WATERLOO CLERK/AUDITOR BOOK 300 PACE 915 FORM 1 STATE o f IOWA Back Hawk County, ORDINANCE NO. 3855 Aki.Q ltswo�cr,.•....; -THE misdemeanor and punished,in ORDI- accordance with the penalY prow I RDI- sions of Chapter 1 of the Waterloo =RAC - Code of Ordinances. Each day on NER- which a violation shall occur orcon- JD ,:,',1, deemed a separate.OF A andshall bollense. In addition to ^IPA and penaltiesistinct provided herein, the :ER 1, the a city may recover reasonable Coturt nets lees, es, and other �-5y reporters' lees, ropri- ate of litiagainsation tthepperson FOR- tound suit at law g E-: or to havenviolated regulations. TIES; and d orders, IEiU and agreements issued hereunder. i 34 - Any. perso• who fl I makes Any person who encs re resenta- DING any talse statements, P applica- tion, or certificationdnany P an, or other •,ITY on, ent tiled report, to be OF document filrequiredto this article maintainedatpursuant discharge permit, or )ns, or waste water tamperswith, of who falsifies, knowingly renders inaor any d es, monitoring device shall, required under this article, ra- t upon conviction, be guilty of an ro- , environmental municipal infraction action of in ', and/or misdemeanor andpenalty in nsroawof te Waterloo pro- visions of Chapter I Code of Ordinances. I. INTRODUCED: April 13, 1992 PASSED 1ST CONSIDERATION:. April 13, 1992 CONSIDERATION: 1 Aiol PASSED 1992 PASSED 3RD CONSIDERATION April 13, 1992 by the PASSED AND ADOPTED, April of City Council this 13th day of Mayor ril 1992, and approved byy92 this 16th day of April,Mayor Albert C. Manning, ATTEST: Burger, City Clerk/Auditor Larry ' SS I do solemnly swear that the annexed copy of LEGAL—City of Waterloo Ordinance No. 3855 notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 29th day of April iJ 92 in the issue of April 29, 1992 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $ LLL t� t gned Subscribed and sworn to before me this t11 day of 1, A. D., 19 Notary Public Received of the sum of Dollars in full for publication of the above notice.