HomeMy WebLinkAboutA002 - Letter to Council dated January 13, 1988 leaving some violaitons as misdemeanors jCROF
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AMES
CITY OF AM WA 5 01O
RKALL—AMERCACITY ,sown
1%2-M3 January 13, 1988
Honorable F. Paul Goodland, Mayor i
and Members of the City Council
of the City of Ames, Iowa
Re: Adoption of Municipal Infraction System for Code Enforcement
Dear Mayor Goodland and Council Members:
In October 1987, you were provided with an explanation of a municipal
infraction system which is a new law which holds promise for more
efficient and effective city code enforcement. The municipal of
infraction procedure provides for civil rather than criminal penalties
for municipal code violations and also provides for an abatement remedy.
A draft ordinance was prepared and distributed to you and affected city
departments, which classified all municipal code violations as either
simple misdemeanors or municipal infractions. That draft classified all
code violations as municipal infractions unless state law specifically
required the violation to be a simple misdemeanor.
The Police Department expressed concern about its ability to enforce
some violations as municipal infractions because they would no longer
have the power to arrest and seize evidence. In response to the Police
Department' s concerns, the ordinance was redrafted to leave several
violations as simple misdemeanors rather than classify them as
infractions.
Attached is a proposed ordinance adopting the municipal infraction
program, with lists of violations for easy reference to determine which
are municipal infractions, and those that will remain as misdemeanors.
Respectfully submitted,
John R. Klaus
City Attorney -,
f,
Beth Ringgen rg w
Assistant City Attorney
cc: City Manager
Police Chief
Fire Chief
Director of Planning & Housing
AMES-THE CENTER OF IT ALL
CODE SECTIONS PUNISHABLE AS MUNICIPAL INFRACTIONS
Sec. or Chapter # Title
3 Animals
5 Buildings, Signs & House
Moving
7 Electrical Code
8 Fire Code
9 Flood Plain
10 Garbage and Refuse
13 Rental Housing
15. 12 Library Regulations
17.3 Antennae, Radio Wires
17.6 Fireworks, Use Regulated
17.7 No smoking during public
meetings
17.8 Defacing Notices
17.9 Depositing Gum, Tobacco
17. 10 Depositing paper on streets,
in vehicles
17. 14 Interfering with grade stakes,
other monuments
17. 15 Interfering with hydrants
17.20 Removing danger signals,
barricades
17.21 Air traffic rules
17.22 Minimum Altitudes
17.23 Dope Paraphenalia
17.24 Licensing and Regulations of
the Massage Business
17.25 Pawnbrokers and dealers in
precious metals and gems and
semiprecious stones
17.26 Peddlers, solicitors, and
transient merchants
17.27 Beer keg party regulations
17.28 Skateboards
19 Park Regulations
21 Plumbing
22 Streets and sidewalks (includes
failure to remove snow, encroach-
ments, temporary obstructions,
vending)
25 Cable Television Rules
27 Trees
28 Utility violations
29 Zoning
30 Junked Vehicles
F27
CODE SECTIONS PUNISHABLE AS SIMPLE MISDEMEANORS
Sec. # Title
4 Bicycles
11 Health and Sanitation
12 Prohibited Acts of Board of Hospital Trustees
16 Noise Control
17. 1(1) Assault
17. 1(2) Harassment
17. 1(3) Theft-Fifth Degree
17. 1(4) Criminal Mischief-=ifth Degree
17. 1(5) Trespass
17. 1(6) Cruelty to Animals
17. 1(7) Harassment of public officers and employees
17. 1(8) False reports to law enforcement authorities
17. 1(9) Refusing to assist an officer
17. 1(10) Fraudulent practice-Fifth Degree
17. 1(11) Use of false process or records
17. 1(12) Unlawful assembly
17. 1(13) Failure to disburse
17. 1(14) Disorderly conduct
17. 1(15) Interference with official acts
17. 1(16) Unauthorized access to computer
17. 1(17) Computer damage-Fifth Degree
17. 1(18) Computer theft-Fifth Degree
17. 1(19) Abandonment of cats and dogs
17.2 Airguns, bows, slingshots; discharging
17.4 Weapons violations
17. 5 Infringement of civil rights
17. 11 Discharge of firea-ms
17. 12 Abandoned or unattended refrigerators
17. 13 False fire alarm
17. 16 Minors Prohibited on Certain Premises
17. 17 Consumption in Public Places
17. 18 Beer and liquor sales by and to young persons
17. 19 Intoxication
18 Parking
26 Traffic