Code of Ordinances Amendment Title 1 - General Penalty for Misdemeanors Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment Title 1 - General Penalty for
Misdemeanor Violations
SUMMARY: City Manager recommending approval to amend City of Dubuque Code of
Ordinances Section 1-4-1 , General Penalty, to eliminate imprisonment as
a penalty for misdemeanor violations under City Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 1
Administration, Chapter 4 General Penalty, Section 1-4-1 General Penalty
by eliminating imprisonment as a penalty for misdemeanor violations
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ General Penalty-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: General Penalty
DATE: April 15, 2015
Assistant City Attorney Maureen Quann recommends City Council approval to amend
City of Dubuque Code of Ordinances Section 1-4-1, General Penalty, to eliminate
imprisonment as a penalty for misdemeanor violations under City Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ. $
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: April 14, 2015
RE: General Penalty
Attached please find an ordinance which amends City of Dubuque Code of Ordinances
Section 1-4-1, General Penalty, to eliminate imprisonment as a penalty for
misdemeanor violations under City Code in light of a recent Iowa Supreme Court
opinion, State v. York.
I request that the ordinance is reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions.
Thank you.
MAQ:jmg
Attachment
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 28-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1
ADMINISTRATION, CHAPTER 4 GENERAL PENALTY, SECTION 1-4-1 GENERAL
PENALTY BY ELIMINATING IMPRISONMENT AS A PENALTY FOR
MISDEMEANOR VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-4-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful, an offense, or a
misdemeanor by this code or any ordinance or code herein adopted by reference, or the
omission or failure to perform any act or duty required by this code or any ordinance or
code herein adopted by reference is, unless another penalty is specified, punishable in
accordance with the fine set forth in Iowa Code section 903.1, subsection 1, paragraph
a, and subsection 3.
Attest:
Kevi
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of April, 2015.
k a.
Kafla A. Braig, Mayor Pro -Ter
irristahl, City C
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: April 24, 2015, and for which the charge is $14.39.
pci
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this �,?7� 5'day of , 20 /,1" .
OFFICIAL
PUBLICATION
ORDINANCE NO. 28-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 1
ADMINISTRATION,
CHAPTER 4 GENERAL
PENALTY, SECTION 1-
4-1 GENERAL PENA-
LTY BY ELIMINATING
PENALTY FOR MIS-
% IMPRISONMENT AS A
/
fNotary — DEMEANOR VIOLATIONS Public in and for Du County, Iowa. BE IT OR AWED BY
THE CITY :`COUNCIL
.OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-4-
1 of the City. of
Dubuque Code of
Ordinances is amended
to read as follows:
1;-4-1: GENERAL
PENALTY:
The doing of any act I
prohibited or declared
to be unlawful, an l
offense, or a mis
demeanor by this code
or any ordinance or.
1 code herein adopted
by reference, or the
omission or failure to
perform any act or
duty required by this
code or any ordinance
or code herein adopted
by reference is, unless
another penalty ° is
specified, punishable
in accordance with the
fine set forth in Iowa
Code section '`903.1,
subsection 1, para-
graph a, and subsec-
tion 3.
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 20th
day of April, 2015.
/s/Karla A. Braig,
Mayor Pro -Tem
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph 'Herald
newspaper on the 24th
day of April, 2015.
/s/Kevin S. Firnstahl,
City Clerk
4, MAW( I.t iE c E I3
Commission Number 15488i5
A tt My comm, Exp, FEB, 1, 2017
1t4/24
EFFECT OF AMENDMENT
1-4-1 : GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful, an offense, or a
misdemeanor by this code or any ordinance or code herein adopted by reference, or the
omission or failure to perform any act or duty required by this code or any ordinance or
code herein adopted by reference is, unless another penalty is specified, punishable in
accordance with the fine set forth in Iowa Code section 903.1 , subsection 1 , paragraph
a, and subsection 3.
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended. (Motion B)
Vote — Then
I move final consideration and passage of the Ordinance. (Motion A)
If Motion B does not pass:
I move to receive and file the communications and I move first (second or third)
consideration of the Ordinance. (Motion A)