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Code of Ordinances Amendment - Title 7 Public Urination or Defecation Copyright 2014 City of Dubuque Action Items # 8. ITEM TITLE: Code of Ordinances Amendment- Title 7 Public Urination or Defecation SUMMARY: City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances Section 7-5A-9, Public Urination or Defecation, that removes the $50 scheduled fine for the violation and gives the City the ability to set the fine within the simple misdemeanor range. ORDINANCE Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-9 Public Urination or Defecation to remove the scheduled fine SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Public Urination or Defecation-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: Public Urination or Defecation DATE: May 9, 2016 Assistant City Attorney Maureen Quann recommends City Council approval of an amendment to City of Dubuque Code of Ordinances Section 7-5A-9, Public Urination or Defecation, that removes the $50 scheduled fine for the violation and gives the City the ability to set the fine within the simple misdemeanor range. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 Mark Dalsing, Chief of Police THE CU�-W&E DMEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, EsQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: May 2, 2016 RE: Public Urination or Defecation Attached please find an amendment to the City of Dubuque Code of Ordinances Section 7-5A-9, Public Urination or Defecation. The amendment removes the fifty dollar ($50.00) scheduled fine for the violation, and gives the City the ability to set the fine within the simple misdemeanor range. 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 Attachments cc: Mark Dalsing, Chief of Police Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 18-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES, SECTION 7-5A-9 PUBLIC URINATION OR DEFECATION TO REMOVE THE SCHEDULED FINE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-9 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful for any person to urinate or defecate in or upon any public or common property including, but not limited to, streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private restrooms or public facilities designated for such purpose. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 16th day of :y, 2016. Roy D. Buol Attest: Kevin S Firnstahl, City �I rk , ayor EFFECT OF AMENDMENT 7-5A-9: PUBLIC URINATION OR DEFECATION: It shall be unlawful for any person to urinate or defecate in or upon any public or common property including, but not limited to, streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private restrooms or public facilities designated for such purpose.-T449 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: May 20, 2016, and for which the charge is $12.90. Subscribed to before m this Q? day of a Notary Public in and for Dubuque County, Iowa, , 20/4' /ice of otary Public in and for Dubuque County, Iowa. OFFICIAL PUBLICATION ORDINANCE N0,18-16 AMENDING CITY OF DUBUQUECODE OF ORDINANCES TI- TLE 7 POLICE, FIRE AND`, PUBLIC SAFETY, CHAPTER 5 OFFENS- ES, ARTICLE A GEN- ERAL; OFFENSES, SEC- TION 7-5A-9 PUBLIC URINATION OR DEFE- CATION TO REMOVE THE SCHEDULED FINE NOW, THEREFORE, BE IT ORDAINED BY THE CITY, COUNCIL "OFTHE CITY ',OF DUBUQUE, 10- WA:t Section =1. Section 7- ,5A-9 9 of the City of,Du- buque Code of Ordi- nances issamended to readas follows ;PUBLIC ,U31 NATION` -OR .DEFECA-' TION It shall be unlawful for anyperson to urinate or defeaejn or upon any'public;'or Common; property including, but not limited to, streets, alleys, sidewalks or in any other, place where the person could rea- sonably; expect to be seen by the public. This section shallnot apply to private restrooms;or public facilities desig- nated for such pur- pose. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, ' and ad pted then I6th day of May, 2016. /s/Roy D. Buol, Mayor Attest:'/.s/Kevin S. 'P Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 1t 5/20 MARY IC, WESTERIMEYER ©mmission Number 154885 mm, Exp, FEB. 1, 2017