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HomeMy Public PortalAboutOrdinances-2020-470CITY OF TIFFIN ORDINANCE NO. 2020-470 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 48, NOISE POLLUTION, SECTION 48.09 AND 48.10, TO ADD PROHIBITING THE USE OF A MOTOR VEHICLE ENGINE BRAKE AND RENUMBERING VIOLATIONS SECTION BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend Chapter 48, Noise Pollution, of the Municipal Code of Tiffin, Iowa, to prohibit the use of a motor vehicle engine brake and renumber the violations section. Section 2. Amendment. Section 48.09 and 48.10 of Chapter 48 – Noise Pollution is hereby amended as follows: CHAPTER 48 NOISE POLLUTION 48.09 PROHIBITING THE USE OF A MOTOR VEHICLE ENGINE BRAKE. No person shall use an engine brake while operating a motor vehicle except in an emergency situation. ‘Engine Brake’ means the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the unreasonably loud, raucous, unusual or explosive noise from such vehicle. ‘Emergency Situation’ means one in which there is imminent danger to property, persons and/or animals. 48.10 VIOLATIONS. Violations of this chapter is a municipal infraction or a simple misdemeanor, as the City may elect. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged 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 5. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 24th day of March 2020, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Olney introduced Ordinance No. 2020-470, and moved that it be given its first reading. The motion was seconded by Councilperson Schnedler. DocuSign Envelope ID: D603CDE4-066F-4C0C-A7EC-59D828EEAE6A Ayes: Schnedler, Walls, Havens, Olney, Bartels Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2020-470, was read the first time, discussed, and placed on record. On the 7th day of April 2020, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Schnedler introduced Ordinance No. 2020-470, and moved that it be given its second reading. The motion was seconded by Councilperson Olney. Ayes: Havens, Olney, Bartels, Schnedler, Walls Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2020-468, was read the second time and discussed and placed on record. On the 21st day of April 2020, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Havens introduced Ordinance No. 2020-470, and moved that it be given its third and last reading. The motion was seconded by Councilperson Walls. Ayes: Olney, Bartels, Schnedler, Walls, Havens Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2020-470 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 21st day of April 2020 and approved by the Mayor on the 22nd day of April 2020. CITY OF TIFFIN, IOWA: By: _______________________________ STEVE BERNER, Mayor ATTEST: _______________________________ Abigail Hora, City Clerk DocuSign Envelope ID: D603CDE4-066F-4C0C-A7EC-59D828EEAE6A I, Abigail Hora, City Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 48, NOISE POLLUTION, SECTION 48.09 AND 48.10, TO ADD PROHIBITING THE USE OF A MOTOR VEHICLE ENGINE BRAKE AND RENUMBERING VIOLATIONS SECTION and known as No. 2020-470 was duly passed by the Council on the 21st day of April 2020, and signed by the Mayor on the 22nd day of April 2020, and published on the 22nd day of April 2020, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2020-470 in the following places: The Depot, Tiffin, Iowa Casey’s, Tiffin, Iowa Solon State Bank, Tiffin, Iowa _________________________________ Abigail Hora, City Clerk DocuSign Envelope ID: D603CDE4-066F-4C0C-A7EC-59D828EEAE6A Certificate Of Completion Envelope Id: D603CDE4066F4C0CA7EC59D828EEAE6A Status: Completed Subject: Please DocuSign: Ordinance 2020-470 - Noise Pollution - Motor Vehicle Engine Brake.docx Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Brianna Wilkerson AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 300 Railroad St PO Box 259 Tiffin, IA 52340 bwilkerson@tiffin-iowa.org IP Address: 162.244.42.251 Record Tracking Status: Original 4/22/2020 3:27:12 PM Holder: Brianna Wilkerson bwilkerson@tiffin-iowa.org Location: DocuSign Signer Events Signature Timestamp Steve Berner steven.lee.berner@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.63.16.147 Sent: 4/22/2020 3:27:50 PM Viewed: 4/23/2020 8:19:47 AM Signed: 4/23/2020 8:19:56 AM Electronic Record and Signature Disclosure: Accepted: 4/23/2020 8:19:47 AM ID: 086c7e08-f5bf-4397-86a4-4914923f7ff3 ABIGAIL HORA ahora@tiffin-iowa.org City Clerk City of Tiffin Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 69.63.16.128 Sent: 4/23/2020 8:19:57 AM Viewed: 4/23/2020 8:31:54 AM Signed: 4/23/2020 8:32:05 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/23/2020 8:19:57 AM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 4/23/2020 8:31:54 AM Signing Complete Security Checked 4/23/2020 8:32:05 AM Completed Security Checked 4/23/2020 8:32:05 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure