HomeMy WebLinkAbout~Master - Providing Procedures in Regard to Traffic Ordinance Violations cwb/9-18--67 „
ORDINANCE NO. 2211 .
AN ORDINANCE PROVIDING PROCEDURES TO BE FOLLOWED WHEN A
POLICE OFFICER HAS REASON TO BELIEVE THAT A PROVISION OF THE
"TRAFFIC ORDINANCE" HAS BEEN VIOLATED; PROVIDING PROCEDURES IN
LIEU OF BAIL; PROVIDING A PENALTY FOR VIOLATION OF A PROMISE
TOO APPEAR; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE.
IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES,
IOWA:
Section 1. A new section, to be numbered 29 --1018, is
added to Chapter 29 of the Municipal Code, City of Ames , Iowa,
and is as follows :
Sec. 29-1018. Notice to appear. "Whenever a peace officer
has reasonable cause to believe that a person has violated
any provision of the 'Traffic Ordinance` , punishable
as a misdemeanor, such officer may:
1. Immediately arrest such person and take him
before the Municipal Judge of the City in which
the apparent violation occurred; or
2. Without arresting the person, prepare in
quadruplicate a written summons to appear in
Court containing the name and address of such
person, the operator or chauffer license number
if any, the registration number, if any, of his
vehicle, the offense charged, and the time and
place where such person shall appear in Court,
which shall be within the county in which the
offense charged is alleged to have been committed. "
Sec. 29--1019. Promise to appear. "In lieu of bail the
Municipal Judge may release the arraigned person upon
his written promise to appear in Court for trial at the
time and place designated by such Judge. When bail is
required, a current `guaranteed arrest bond certificate `
as defined in section 321. 1, subsection 70 of the Code
of Iowa, 1966, as amended, shall be considered sufficient
surety to guarantee appearance for any offense charged
upon the provisions of the `Traffic Ordinance ` , but shall
not be exclusive as to other forms of bail provided by law. "
If the officer prepares a summons as provided in section
29-1018, the alleged offender shall be requested to sign
the same in quadruplicate, and if he does sign may be
released without arrest. In case a summons is issued,
the signing shall constitute a written promise to appear
as stated in said summons . A duplicate summons shall be
presented to the person named therein. "
Sec. 29 1020. Violation of promise to appear. "Any
person willfully violating a summons to appear in Court
given as provided in this chapter is guilty of a mis-
demeanor, punishable as provided in section 1-1007 of
this Code, regardless of the disposition of the charge
upon which he was summoned. An appearance in response
to such summons may be made either in person or by counsel. "
cwb/9-18_.-67
Section 2. All ordinances or parts of ordinances in
conflict herewith are repealed.
Section 3 . This ordinance is in full force and effect
from and after its passage and publication according to law.
Passed this 3rd day of October 1967.
i
Lokiise Whitcome, City Clerk D. r ugh, May
9/19/67 Moved by Judge-LeBaron the ordinance pass on lst reading.
Aye: J-_adore, Pa.sley, Newell, LeBaron, Fisher
Nay: None Abstain: Jellimy-r Absent: None
Ordinance declared passed on lst reading.
9/26/67 Moved by Judge-Pasley the ordinance pass on 2nd reading.
Aye : Judge, Pasley, Newell, LeBaron, Fisher
Nay: None Absent: Jellinger
Ordinance declared pass on 2nd reading.
10/3/67 Moved by Jellinger-LeBaron the ordinance pass on 3 rd reading
Aye : Jellinger, Judge, Newell, LeBaron, Fisher
Nay: None Absent: Pasley
Ordinance declared a opted.
' y
flow
,f
fD4�,l� /D- 7 - � '