HomeMy WebLinkAboutA001 - Memo from Police Department dated June 26, 1987 requesting change in ordinance JUN 2 6. 1987,
MEMO
1328
TO: John Klaus, Ames City Attorney
FROM: Michael Smith, Sgt. Detective Division 7- P---
DATE: 06-26-87
SUBJECT: City Ordinance 17. 26 - Peddlers, Solicitors, and Transient
Merchant, Section 9
Per our conversation on 06-25-87 , reference the section that requires the
police to order persons to cease selling until they have the required
permit and badges, it was decided that criminal charges could not be filed
until this Section 9 is completed. This Section greatly hampers the
police in their efforts to enforce this ordinance.
It is for this reason, that I respectfully request that you review the
ordinance and consider amending this Section, either by totalling
eliminating it or changing it so that when someone applies for the license
and is either unable to obtain it or for some other reason refused it, the
City Clerks Office can then warn them not to sell, so as to satisfy this
section of the ordinance.
It is believed the intent of this Section 9 was for people who would come
to Ames and would have absolutely no idea there is such an ordinance, the
police could then tell them to quit selling and then get their license.
The case in question is the one I discussed with you, where two individuals
could not pay for the permit, so they were not issued one. The City Clerk
did tell them they couldn' t sell. We have found that they are selling.
Being the City Clerk' s warning does not count, pursuant to Section 9 , the
police have to try to find them, and then warn them. If they continue to
sell, then the police will have to retrack them down and file charges. It
would be to me much more effective, if the City Clerk' s warning counted,
then we could file the charges when we initially found them.
I appreciate your consideration in this matter.
pb