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Home My WebLink About2020-07-21 OrdinanceItem Number : 10. J uly 21, 2020 O rd inan ce amendin g Title 1, en titl ed "Ad ministration ," Ch ap ter 4, entitl ed "G en eral Pen al ty," Title 4, entitl ed “Al coh olic B everag es,” Ch apter 5, en titl ed “Proh ibition s an d Restrictions,” an d Titl e 8, en titled “Pol ice Reg u l ation s,” Ch apter 5, en titl ed “Miscel l aneou s O ffen ses,” to increase the fines for u n sch edu l ed simple misd emean ors, PAU L As an d h ate crimes. (S econ d Consid eration ) Prepared B y:S usan D ulek, Ass't. C ity A ttorney R eviewed B y:Geof f F ruin, City Manager F iscal I mpact:None R ecommendations:S taff: A pproval Commission: N/A Attachments:Ordinance Executive S ummary: T he Governor recently signed S F 457 which increases the f ines for many state code violations. T his ordinance increases the range of fines in C ity simple misdemeanors to mirror the increase in state misdemeanors. I t also increases the f ine for a hate crime to the maximum amount of $855 and increases the fine for possession of alcohol under the legal age to mirror the new f ine amount in state law. B ackground / Analysis: S F 457 increases f ines for many criminal offenses, civil court fees, and other penalties. I t also decreases a f ew amounts and modifies the allocation of the funds collected. C ities many not impose f ines in an amount greater than allowed by state law f or simple misdemeanors. S F 457 increases the range of fines that the court may assess for an unscheduled simple misdemeanor f rom a minimum of $65 and maximum of $625 to a minimum of $105 and maximum of $855. Most C ity offenses have a "scheduled" or set f ine. Typical unscheduled fines are disorderly house (i.e., loud party), car accident with more than nominal property damage, and disorderly conduct. W hen the C ity passed the hate crimes ordinance last year, the fine amount was set at the maximum allowed by state law, which was $625. F irst offense carried with it a maximum f ine of $625 and second offense had a set fine of $625. (Note-jail time is also imposed.) T his ordinance increases the f ine amount of $855, which is the maximum allowed under S F 457. S F 457 also increases the scheduled f ine under state law f or possession of alcohol under the legal age (PA UL A) for first offense from $200 to $260. The ordinance increases the fine f or first of f ense violation of the City's PA UL A ordinance from $200 to $260. Although S F 457 increases the fine amount, it decreases a surcharge that is automatically assessed from 35% to 15%. T he surcharge is calculated by multiplying the fine amount by the surcharge. Additionally S F 457 modifies the distribution of the fines and surcharge. C urrently the City retains 90% of the fine with 10% going to the State. S F 457 decreases the C ity's share to 80%. T here is no change to the distribution of the smaller surcharge; it remains 95% to the S tate and 5% to the C ity. AT TAC HM E NT S: D escription Ordinance 1®. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030 ORDINANCE NO. 20-4827 Ordinance amending Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," and Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," to increase the fines for unscheduled simple misdemeanors, PAULAs and hate crimes. Whereas, the Governor recently signed SF457, which increases the fines for many state code violations effective July 15, 2020; Whereas, SF457 increases the range of fines for unscheduled simple misdemeanors from a minimum of $65 and maximum of $625 to a minimum of $105 and maximum of $855; Whereas, municipalities cannot set their fines for simple misdemeanors in an amount greater than allowed by state law; Whereas, the range of fines for unscheduled simple misdemeanors should be the same in the City Code as in the state code; Whereas, SF457 increases the fine for possession of alcohol under the legal age (PAULA) from $200 to $260, and the fine for a PAULA under the City Code should be increased accordingly; Whereas, in June 2019, the City adopted Ordinance No. 19-4795, codified at Section 8-5- 17, which created a hate crime in the City Code and set the fine at $625, the maximum allowed by state law; Whereas, the fine for committing a hate crime should be increased to the new maximum fine amount of $855; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 1, entitled "Violations; Criminal Penalty," Subsection B is amended by adding the underlined text and deleting the strike -through text as follows: B. Criminal Penalty: The doing of any act prohibited or declared to be unlawful, an offense or a simple 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 a simple misdemeanor and is, unless another penalty is specified, or the violation is scheduled under state law, punishable by a penalty with a fine prescribed in Section 903.1(1)(a) of the Iowa Code of at least smAy five dollars ($65.00) Ret In exceed six hundred twenty five dellaFS ($625.W. 2. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled "Prohibitions and Restrictions," Section 4, entitled, "Regulation of Persons Under Legal Age," Subsection A2 is amended by adding the underlined text and deleting the strike through text as follows: Ordinance No. 20-4827 Page 2 2 `ffe^" a july ' 2006 a A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following: a. A simple misdemeanor, a scheduled violation under section 805.8 of the Iowa Code, punishable by a fine prescribed in Section 805.8C(7) of the Iowa Code. of WA h, indred dellafs ($299:00) for the first offense 3. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 17, entitled "Violation of Individual Rights - Hate Crime," Subsection B is amended by adding the underlined text and deleting strike -through text as follows: B. A violation of this section is punishable as follows: 1. First offense: A fine of at least three hundred dollars ($300.00) and not to exceed six hundred tWeRty five dollars ($62Z -.W eight hundred fifty-five dollars ($855.00), and imprisonment of at least three (3) days and not to exceed seven (7) days. 2. Subsequent offenses: A fine of six hundFed twenty five dGI ...G ($625 hundred fifty-five dollars ($855.00) and thirty (30) days imprisonment. 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 21stday of wpyor , U Attest. CiAtyCrk U, 2020. Ap o ky '1.\/ City Attorney's Office - 07/01/2020 Ordinance No. 20-4827 Page 3 It was moved by Mims and seconded by Weiner Ordinance as read be adopted, and upon roll call there were: AYES: x NAYS: ABSENT: Bergus Mims Salih Taylor Teague Thomas Weiner First Consideration 07/07/2020 Voteforpassage: AYES: Weiner, Bergus, Mims, Salih, Taylor, Teague, Thomas. NAYS: None. 'ABSENT: None. Second Consideration _ Vote for passage: Date published 07/27/2020 that the Moved by Mims, seconded by Taylor, 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: Salih, Taylor, Teague, Thomas, Weiner, Bergus, Mims. NAYS: None. ABSENT: None.