HomeMy WebLinkAboutA001 - cover letter for ordinance A
City of AMES, Iowa
50010
(515) 232-6210
JOHN R. KLAUS
City Attorney
R. MICHAEL HAYES
Ass't. City Attorney
February 1 , 1978
Honorable Lee Fellinger , Mayor
And Members of the City Council
Of The City of Ames , Iowa
In Re : New Iowa Penal Code and the Offenses Chapter of
The Ames Municipal Code
Dear Mayor Fellinger and Council Members :
The enactment of a new state criminal code , effective January
1 , 1978 , provided .an occasion for this department and the
Ames Police Department to reflect upon the Offenses Chapter
of the Ames Municipal Code . It occurred to me that it might
be legally and practically desirable to define those matters
that are to be deemed offenses against the City of Ames in
the same manner as they are defined as offenses against the
State of Iowa in the state penal code . The advantages of
this are two fold. First , it reduces the potential for
argument that an enactment of the Municipal Code is incon-
sistent with the provisions of the state law. Secondly , it
provides a uniform body of law to serve as a guide to both
the police officer on the stre t and the prosecutor as to
what indeed constitutes the offense . That is essentially
what the ordinance form prepared and attached hereto endeavors
to achieve .
Additionally, the ordinance you will find herewith also re-
vises the offenses so as to eliminate those offenses which
now constitute a serious or aggrevated misdemeanor or even
a felony under the state penal code . The theory behind this
is that actions which are punishable under the laws of the
State of Iowa to an extent greater than $100 fine or 30 days
in jail , the maximum punishment ' that can be imposed for vio-
lation of a city ordinance , ought to be charged and prosecuted
as the more serious offense that they in fact are .
Combining Education and Industry ulith Hospitality
-2-
A third consideration is that certain offenses now set out in
the Municipal Code have become archaic , obsolete and unen-
forceable due to changes in state legislation or judicial
decision . Some areas have been pre-empted by state law.
Examples here are : the gambling offenses set out in the
Municipal Code , provisions with respect to lewd women , ob-
scene literature , offensive advertising , etc .
Finally , there are now certain new public offenses declared
by the laws of the State of Iowa which are not offenses
against the City of Ames at this time , but which ought to
be . Examples here are : harassment , infringement of civil
rights , and the new laws with respect to the possession of
pistols .
My proposals in this regard have been reviewed and considered
by the County Attorney and by the Ames Chief of Police , and
I have received their approval and endorsement . I , therefore ,
ask that the City Council consider enactment of the ordinance
as I propose .
Respectfully submitted,
eL-i-
John R . Klaus
City Attorney
cc Ruth Harkin
A. E . Siedelmann
T . Sprenkel