Department: Legal
Staff Contact: Ron Shaver; Chris Grunewald; Daniel Yoza
Subject: Report on proposed amendments to the Olathe Municipal Code concerning certain fines and a proposed Ordinance adding the offense of Operating a Vessel Under the Influence of Alcohol or Drugs to the Olathe Municipal Code.
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Item Description:
title
Report on proposed amendments to the Olathe Municipal Code concerning certain fines and a proposed Ordinance adding the offense of Operating a Vessel Under the Influence of Alcohol or Drugs to the Olathe Municipal Code..
Body
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Summary:
Staff has prepared three draft ordinances to help ensure that visitors to City parks, including the newly re-opened Lake Olathe, can have an enjoyable and safe experience. Two ordinances amend the Olathe Municipal Code (O.M.C.) to identify minor offenses better handled without a court appearance and instead with a scheduled fine established by the Municipal Judge. Staff from Parks & Recreation, Police, Municipal Court (including the Municipal Judge), and Legal (including the Prosecutor’s Office and the City Attorney’s Office) collaborated to identify those violations. Park Rangers will primarily enforce these violations in City parks. Ordinance 19-XX (Attachment A) makes excessive noise from a boat or in public lands a scheduled fine and clarifies that noise violations are classified as a public offense instead of a misdemeanor. Ordinance 19-XX (Attachment B) identifies fourteen (14) violations such as boating or fishing without a state license and violating posted park hours as scheduled fine offenses. Attachment C lists each scheduled fine violation with the proposed scheduled fine.
The third ordinance (Attachment D) adds new O.M.C. Section 9.12.195 to create a new offense of Operating a Vessel Under the Influence of Alcohol or Drugs. Currently, this exists only as a state offense, which cannot be prosecuted in the Olathe Municipal Court and would instead need to be referred to the Johnson County District Attorney. The proposed language uses the language from the state offense to create a city offense which would be prosecuted in the Olathe Municipal Court.
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Financial Impact:
None
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Action Needed:
Accept the report. Unless directed otherwise, staff will prepare the Ordinances for formal consideration on August 6, 2019.
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Attachment(s):
Attachment A: Ordinance 19-XX - Noise Fines and Enforcement
Attachment B: Ordinance 19-XX - Public Lands Fines
Attachment C: Summary of Scheduled Fine Violations
Attachment D: Ordinance 19-XX - Operating a Vessel Under the Influence of Alcohol or Drugs