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HomeMy WebLinkAbout2023-08-01 OrdinancePrepared By:Liz Craig, Assistant City Attorney Reviewed By:Eric Goers, City Attorney Geoff Fruin, City Manager Dustin Liston, Police Chief Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:NA Attachments:Ordinance Item Number: 9.c. August 1, 2023 Ordinance amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. (First Consideration). Executive Summary: This ordinance sets fines for the simple misdemeanor ordinance violation of disorderly house. Background / Analysis: If this ordinance is approved, the fine associated with the criminal disorderly house violation will change from an unscheduled fine, meaning the fine is set by the Court within a statutory minimum and maximum, to a scheduled fine based upon whether the offense is a first, second, or third or subsequent offense. The fines will be scheduled as follows: First offense: $300.00 Second offense: $500.00 Third or subsequent offense: $855.00 The reason for making this change is that often disorderly house defendants do not appear for trial, and a warrant is then routinely issued by the Court for the defendant's arrest. Trial is reset, and any witness that has appeared for trial must then appear again. On several occasions, witnesses have had to appear multiple times for trial, which is both an expense and inconvenience. If the fine is scheduled, judgment may be entered on an unsecured appearance bond, and the matter may be concluded after a single trial date in most instances. Given the significant use of public resources and negative impact on the public of repeated disorderly house violations, the fine should increase for subsequent offenses. o Prepared by: Liz Craig,Ass't.City Attorney,410 E.Washington Street,Iowa City, IA 52240;319-356-5030 Ordinance no. Ordinance Amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. Whereas, keeping a disorderly house (aka, loud party) is a violation of the Iowa City Code of Ordinances punishable either as a simple misdemeanor(criminal charge) or municipal infraction (civil citation); and Whereas, the penalty for a criminal disorderly house violation is currently unscheduled, meaning the fine is set by the Court within a statutory minimum and maximum, punishable by a fine prescribed in Section 903.1(1)(a)of the Iowa Code; and Whereas, because the penalty is unscheduled, the charge is generally written on a Complaint and Affidavit without an unsecured appearance bond provided by the defendant; and Whereas, because there is not an unsecured appearance bond provided by the defendant, a warrant generally issues if the defendant fails to appear for trial, which means the defendant may be arrested on this warrant; and Whereas, if the defendant does not appear for trial, witnesses may be required to appear for trial multiple times when the trial is rescheduled, which is both an expense and inconvenience; and Whereas, the interests of justice would be more fully served by the scheduling of the fine for this offense, so that the defendant provides an unsecured appearance bond on a uniform citation and complaint, and the district court may enter judgment on the unsecured appearance bond if the defendant fails to appear and the case may be concluded on the date scheduled for trial; and Whereas, given the significant use of public resources and negative impact on the public of repeated disorderly house violations, the fine should increase for subsequent offenses; and Whereas, it is in the best interest of the City to specify the criminal penalty for disorderly house violations. Now, therefore, be it ordained by the City Council of the City of Iowa City: Section I. Amendments. 1. Title 8, entitled "Police Regulations,"Chapter 5, entitled "Miscellaneous Offenses," Section 5, entitled "Keeping Disorderly House," subsection A is hereby amended by adding the underlined text and deleting the strike-through text as follows: A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property. No person shall permit or suffer to continue, without taking legal steps to prevent the same, loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession. For the purposes of this Ordinance No. Page 2 section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection shall be a simple misdemeanor 1. A person who violates the provisions of subsection A of this section is guilty of a simple misdemeanor punishable as follows: a. For a first offense, a fine of three hundred dollars ($300.00). b. For a second offense, a fine of five hundred dollars ($500.00). c. For a third or subsequent offense, a fine of eight hundred fifty-five dollars ($855.00). Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by City Attor y's Office (Liz Craig —07/25/2023) Ordinance No. Page 3 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/01/2023 Vote for Passage: AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: Bergus ABSENT: None. Second Consideration Date Published: Prepared By:Jennifer Schwickerath, Assistant City Attorney Reviewed By:Redmond Jones II, Deputy City Manager Darian Nagle-Gamm, Director of Transportation Services Fiscal Impact:It is anticipated that the proposed fee would allow the City to break-even. If no fee is imposed and the amount of electric charging remains the same, the estimated loss is $10,568.00 per year. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Ordinance Item Number: 9.d. August 1, 2023 Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric vehicle charging. (First Consideration) Executive Summary: Staff recommends the City establish a $0.16/kWh fee for use of public EV charging stations in public parking facilities, to recover the state excise tax, ChargePoint 10% transaction fees, electricity, and ChargePoint cloud plan fees. Background / Analysis: The City of Iowa City has been offering electric vehicle charging to the public in municipally owned parking facilities starting with the Harrison Street Ramp in April 2017. Electric Vehicle Supply Equipment (EVSE) was installed in Capitol Street Ramp, Dubuque Street Ramp, and Chauncey Swan Parking Ramp in November of 2018. EVSE was then added to Court Street Transportation Center in December 2019 and the Tower Place Parking Ramp in July 2020. Once these installations were complete, two electric vehicles (EVs) could charge simultaneously in each of the six downtown parking facilities. This amenity has been offered at no additional charge, to date. Parking sessions in spaces designated for EV use are limited to four hours to promote vehicle turnover. ChargePoint is the platform that facilitates charging sessions. Customers must download the ChargePoint smartphone app. The ChargePoint app is used to initiate a charging session. ChargePoint users are required to tie a credit card to their app. The State of Iowa passed HF 767 in 2019 to recover road use fees that are normally collected by legacy fuel taxes. Battery electric vehicles (BEVs) do not use any gasoline and plug-in hybrid vehicles (PHEVs) use far less gasoline than a conventional vehicle. HF 767, which phased in additional annual registration fees for BEVs and PHEVs starting in January 2020, also included an excise tax of $0.026 per kilowatt hour for electric vehicle charging at non-residential locations beginning July 1, 2023. This excise tax will apply to Iowa City’s public charging stations. The City has four expenses associated with the dispensing of electric fuel at publicly accessible parking spaces: electricity, ChargePoint Plan fees, maintenance costs (which has been negligible) and the state excise tax on electric fuel. If the City chooses to collect a charging fee to recover costs through the ChargePoint platform, another expense will be added – a fee amounting to 10% of each transaction. Staff evaluated calendar year 2022 utilization and expenses related to the provision of charging equipment for community use. An analysis indicates that a fee of $0.16/kWh would be required to break-even, covering all taxes and expenses as shown below. • Estimated annual EVSE expenses: $11,768 (includes 10% per transaction fee) • Estimated annual revenue: $12,000 • Net revenue: $233 • Proposed per kWh fee: $0.16/kWh Staff recommends the City establish a $0.16/kWh fee, to recover the state excise tax, ChargePoint 10% transaction fees, electricity, and ChargePoint cloud plan fees. Doing so would collect a total of about $12,000 over the course of a year, which would cover estimated expenses based on CY 2022 utilization. Under this scenario a typical BEV driver would pay approximately $4.00 per 4-hour charging session, and a PHEV driver would pay approximately $1.00 in addition to hourly parking or permit fees. The fee will ensure that expenses related to the dispensing of electric fuel are recovered, that the charging equipment remains available to the maximum number of drivers. Assessing fees to customers on a per kWh basis is the most transparent and equitable fee structure considering that BEVs and PHEVs have different power needs and charge their batteries at different rates. Staff recommends pursuing idle fee charges in the future if compliance with the 4-hour parking prohibition becomes problematic. A caveat - While the City has seen tremendous growth in the utilization of public EV chargers, it is reasonable to assume that once fees are implemented, demand may decrease for drivers with EV charging capacity at home. After a fee is established, we may observe that a greater proportion of those using public EV charging in the future are renters or those who without access to a garage. Staff will continue to monitor the utilization of charging equipment and expenses and will periodically reevaluate the fee structure. o Prepared by: Jennifer Schwickerath,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric vehicle charging. Whereas, Iowa City Code section 3-4-8: Parking: sets the amount of Fee, Charge, Fine or Penalty for various parking matters; and Whereas, the City offers electric vehicle charging to the public in parking facilities; and Whereas, the State has enacted legislation creating a new excise tax on electric fuel, which requires owners of electric charging stations to report and pay to the Iowa Department of Revenue $0.026 per kilowatt hour of electric fuel dispensed starting July 1, 2023; and Whereas, the electric vehicle charging is currently provided to the public at no cost and the City pays the excise tax, the cost of the electricity, and the cost of the platform to facilitate the charging session; and Whereas, the City has determined that there should be a fee for electric vehicle charging in an amount sufficient to reimburse the City for the excise tax, the cost of the electricity, and the cost of the platform to facilitate the charging session; and Whereas, the City has determined that a fee of$0.16 per kilowatt hour should be assessed; and Whereas, it is in the best interest of the City to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking, is hereby amended as follows: 1. by adding the following new fee to Parking ramp fees: Electric vehicle charging fee $0.16 per kilowatt hour Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be effective upon publication. Passed and approved this day of , 2023. Mayor Attest: Approved by: City Clerk City Attorney's Office (Jennifer Schwickerath—07/27/2023) Ordinance No. Page 2 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/01/2023 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYES: None. ABSENT: None. Second Consideration Date Published: Prepared By:Kellie Fruehling, City Clerk Reviewed By:Eric Goers, City Attorney Fiscal Impact:None. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Ordinance Item Number: 9.e. August 1, 2023 Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2023, aka "The City Code." (Second Consideration) Executive Summary: Code of Iowa requires that at least once every five years a city shall adopt a code of ordinances. Background / Analysis: July 17th, 2018 the City Council adopted the City Code of Iowa City, Iowa. The City adds new ordinances and amendments upon passage by supplementation to the City Code itself and a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public hearing. It is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. cite,/ Prepared by: Kellie Fruehling, City Clerk, 410 E.Washington Street, Iowa City, IA 52240; 319- 356-5041 Ordinance No. 23-4906 Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2023, AKA "The City Code." Whereas, Section 380.8 of the Code of Iowa, 2023, requires that at least once every five years a city shall adopt a code of ordinances; and, Whereas, on July 17th, 2018, the City Council adopted the City Code of Iowa City, Iowa; and Whereas, the City of Iowa City adds new ordinances and amendments upon passage by supplementation to the City Code itself; and Whereas, if a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code by ordinance without the necessity of a public hearing; and Whereas, it is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by American Legal Publishing, containing compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of,the governing body of the City, shall be accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as "The City Code." Section II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service provided by American Legal Publishing, whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, a copy of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. Section III. It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. Ordinance No. 23-4906 Page 2 Section IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Section V. A code of ordinances, containing only the current and existing ordinances edited and compiled without change in substance, shall be and hereby is adopted as the City Code, 2023. Passed and approved this 1st day of August , 2023. <a Attest: ), Y Clerk Approved by J City Attorney's ice-06/27/23 Ordinance No. 23-4906 Page 4 It was moved by and seconded by Alt-Pr that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Alter X Bergus X Dunn X Harmsen X Taylor X Teague X Thomas First Consideration 07/11/2023 Vote for Passage: AYES: Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS:None. ABSENT: Alter Second Consideration Date Published: 08/10/2023 Moved by Taylor , seconded by Thomas that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended,the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None. ABSENT: None.