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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />November 13, 1990 <br /> <br />Page 4 <br /> <br />Council Business <br /> <br />Kelley said the ordinance contains language which allow an officer to <br />pursue remedies against the property owner as a criminal matter. The <br />current ordinance, Chapter 17, states enforcement procedures. The <br />violation would be considered a misdemeanor, but the penalty would not <br />be so severe to financially cripple an individual. <br /> <br />Benke asked if the wording of Section 17-12. A: of such nature to <br />reasonablv disturb the oeace, should be changed to unreasonablv. Kelley <br />said the City Prosecutor feels the use of the word is correct. Charlie <br />LeFevere, City Attorney, prefers the use of "unreasonably", but <br />understands the Prosecutor's reasoning for its use. Rebe/ein feels the <br />wording may cause misinterpretation. Kelley will investigate the <br />rewording. <br /> <br />Benke asked whether the first citation could be considered a petty <br />misdemeanor, and further problems result in a misdemeanor, Kelley feels <br />the courts would not impose the upper end sanctions of a misdemeanor <br />for a first offense. <br /> <br />Rebelein is disappointed the draft did not include a written warning to the <br />owner after the first occurrence and imposing of a penalty after <br />subsequent occurrences. She noted the draft does not refer to repeat <br />offenders. Kelley said the current language does allow for action against <br />an owner. He feels inclusion of the enforcement policy may cause a <br />backlash in the courtroom. Rebelein asked staff to investigate the repeat <br />offenders issue. <br /> <br />LeFevere said almost all City Code violations are misdemeanors and <br />discretion ;s used by the judge in many cases. <br /> <br />Williams agrees with the spirit of the ordinance, but feels it does not <br />protect against that one-time graduation party. Kelley noted an officer's <br />discretion is very important in each specific case. <br /> <br />Pam Schmitz, CSC, said CSC felt the enforcement procedures should be <br />established administratively rather than ordinance. <br /> <br />Motion by Rebelein, seconded by Williams, to WAIVE THE FIRST <br />READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 17 <br />RELATING TO PARTIES AND GATHERINGS; AND DIRECT STAFF TO <br />ADDRESS COUNCIL CONCERNS. <br /> <br />5 Ayes - 0 Nayes, Motion Carried <br /> <br />Council Business <br /> <br />Party House <br />Ordinance <br />Report 90~234 <br />