HomeMy WebLinkAboutA001 - legal opinion Cito 4AMES, FILED
?� f CITYCITY OF q CLERK
IOWA
50010
(515) 232-6210
AUG 3 i 1978
JOHN R. KLAUS
City Attorney
R. MICHAEL HAYES
Ass It. City Attorney
August 30, 1978
Honorable Lee Fellinger, Mayor
And Members of the City Council
Of The City of Ames, Iowa
In Re: Ordinance to Revise Regulations and Procedures With
Respect to Abandoned Motor Vehicles
Dear Mayor Fellinger and Council Members :
Recently an officer of the Police Department asked for advice
as to whether or. not the Department should follow the provi-
sions of the Municipal Code with respect to impounding and
disposing of abandoned motor vehicles. This office checked
the provisions of the Municipal Code against the Code of
Iowa and found the provisions of the Municipal Code to be
obsolete by virtue of changes that have occurred in state
law. A copy of our memorandum to the Police Department
advising them of this circumstance is included for your
information.
I would recommend that the City Council repeal all of Article
XIV of Chapter 33 . I have prepared an ordinance for this
purpose and it also is enclosed herewith.
As I outlined in my memorandum to the Police Department, the
method that I would recommend for establishing a policy for
abandoned motor vehicles is for the City Council to adopt a
resolution authorizing the department to establish rules and
standard operating procedures in conformance with provisions
of state law on this matter, and also authorizing the
department to establish a fee schedule sufficient to cover
the cost of impoundment, towing, storage and dispooition.
Respectfully submitted,
John R. Klau
City Attorney
cc T. Sprenkel
A. Siedelmann
Combining Education and Industry with Hospitality