Code of Ordinances Amendment_General Penalty UpdateTHE CITY OF Dubuque
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DUB E
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: General Penalty Update
DATE: July 1, 2009
During the 2009 legislative session, a change to Section 364.3 of the State code
modified how municipalities impose fines for simple misdemeanor charges. Previously,
municipalities were limited to a maximum fine of $500.00 and up to thirty (30) days in
jail.
Assistant City Attorney Crenna Brumwell is recommending that the City adjust the
municipal penalties to match the change in Iowa law of a maximum fine of $625.00 and
thirty days in jail. Also, that the City ordinance be modified to provide for automatic
adjustments to match State code changes in the future.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna M. Brumwell, Assistant City Attorney
MEMORANDUM
Masterpiece on the Misstsstppt
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CRENNA M. BRUMWELL, ES ~
ASSISTANT CITY ATTORNEY
THE CITY OF C
DUB E
To: Michael C. Van Milligen
City Manager
DATE: June 29, 2009
RE: General Penalty Update
During the 2009 legislative session, a change to Section 364.3 of the State code
modified how municipalities impose fines for simple misdemeanor charges. Previously,
municipalities were limited to a maximum fine of $500.00 and up to thirty (30) days in
jail. The State maximum penalty was adjusted in recent years to a $625.00 fine and up
to thirty (30) days in jail. The legislative change provides for corresponding fines by the
State and municipalities by allowing municipalities to reference Iowa Code Section
903.1, which provides the penalty for simple misdemeanors, in the City Code.
Attached is a proposed amendment to the City Code which adopts the change and
allows for automatic adjustment of the maximum fine if the State code is modified in the
future.
Please let me know if you have any questions or would like a meeting to discuss the
matter. Thank you.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 35 -09
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 1-8
GENERAL PENALTY BY REFERENCING IOWA CODE SECTION 903-1 WHICH
PROVIDES THE PENALTY FOR SIMPLE MISDEMEANORS
N®VV, °fHEREF®RE, E IT ®R®AINE® EY °fHE CITY C®UNCIL ®F °fHE CITY F
®UUQUE, 1O1lVA:
Section 1. Section 1-8 of the City of Dubuque Code of Ordinances is amended
to read as follows:
Sec. 1-8. 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 Iowa Code §903.1, Subsection 1, Paragraph "a."
Section 2. This Ordinance shall take effect on publication.
Passed, approved and adopted the 6th day of July , 2009.
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Roy D. ~ , uol, Mayor
Attest:
d'eanne F. Schneider, City Clerk
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EFFECT OF AMENDMENT
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 Iowa Code X903.1, Subsection 1, Paragraph "a.""~~ ~ f.^° ;^ ° °„m
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