HomeMy WebLinkAbout~Master - Relating to Municipal Infractions and Penalties ORDINANCE NO. 3003
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING SECTION 1.6 AND
ENACTING A NEW SECTION 1.6 ESTABLISHING PENALTIES
FOR MUNICIPAL CODE VIOLATIONS; ENACTING A NEW
SECTION 1.9 ESTABLISHING A PROCEDURE FOR MUNICIPAL
INFRACTIONS; ESTABLISHING PENALTIES FOR VARIOUS
ORDINANCE VIOLATIONS; ADOPTING CERTAIN CRIMINAL
OFFENSES AS MUNICIPAL CODE VIOLATIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; ENACTING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council wishes to decriminalize certain Municipal
Code violations and establish a municipal infraction citation process
pursuant to Sec. 364.22, Code of Iowa 1987, and
WHEREAS, the purpose of this ordinance is to establish Municipal Code
violations as municipal infractions or simple misdemeanors and to estab-
lish procedures and penalties for municipal infractions.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall
be and is hereby amended by repealing Sec. 1.6 and enacting a new
Sec. 1.6 as follows:
"Sec. 1.6. PENALTIES
The doing of any act prohibited or declared to be unlaw-
ful is a municipal infraction enforceable by the procedure set
out in Sec. 1.9, unless designated specifically in the Munici-
pal Code as a simple misdemeanor or punishable by Iowa law
as a felony, serious misdemeanor, aggravated misdemeanor, or
simple misdemeanor under Chapters 687 - 747, Code of Iowa
1987. All simple misdemeanors are punishable by a fine in a
sum not exceeding one hundred dollars ($100) or imprisonment
not to exceed thirty (30) days. Penalties for municipal
infractions are set out in Sec. 1.9 of the Municipal Code."
Section Two. The Municipal Code of the City of Ames, Iowa is
hereby amended by enacting a new Sec. 1.9 as follows.
"Sec. 1.9. MUNICIPAL INFRACTIONS
(1) Definitions.
(a) Code. The term Code means the Code of the Ordi-
nances of the City of Ames as may be amended from
time to time.
(b) Repeat Offense. A recurring violation of the same
section of the Code at the same location or at a
different location.
(2) Violations, penalties and alternative relief.
(a) All violations of the Code are municipal infractions,
except any violation which is a felony, aggravated
misdemeanor, or a serious misdemeanor under state
law or if the violation is a simple misdemeanor
under chapters 687 through 747, Code of Iowa 1987,
or specifically designated in the Municipal Code as a
simple misdemeanor.
(b) Unless another civil penalty is provided elsewhere
in this Code for a specific violation, a municipal
infraction is a civil offense punishable as provided
in the following schedule of penalties:
SCHEDULE OF PENALTIES
1st offense $ 30
2nd offense $100
Subsequent offenses $200
(c) Each day that a municipal infraction occurs and/or
is permitted to exist constitutes a separate offense.
(d) Seeking a civil penalty, as authorized by this
section, does not preclude the City from seeking
alternative relief from the Court in the same action.
Such alternative relief may include, but is not
limited to, an order for abatement or injunctive
relief.
(3) Civil Citations
(a) Any officer authorized by the City to enforce the
Code may issue a civil citation to a person who is
alleged to have committed a municipal infraction.
(b) The citation may be served by personal service or
by certified mail, return receipt requested.
(c) A copy of the citation shall be retained by the
issuing officer, and one copy shall be sent to the
clerk of the district court.
(d) The citation shall serve as notification of an allega-
tion that a municipal infraction has been committed
and shall contain the following information:
1. The name and address of the alleged violator.
2. The name or description of the infraction
attested to by the officer issuing the citation.
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3. The Code section number allegedly violated.
4. The location and time of the infraction.
5. The amount of civil penalty to be assessed or
the alternate relief sought, or both.
6. The manner, location, and time in which the
penalty may be paid.
7. The time and place of the court appearance if
necessary.
8. The penalty for failure to appear in court.
Section Three. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Sec. 3.2 and enacting a new Sec.
3.2 as follows:
"Sec. 3.2. ANIMALS AT LARGE PROHIBITED
Any person whose animal is found at large commits a munici-
pal infraction."
Section Four. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Sec. 3.8 and enacting a new Sec.
3.8 as follows:
"Sec. 3.8. DOGS BARKING AT PEDESTRIANS, VEHICLES
Any person who owns, keeps, or harbors, within the city,
any dog, whether actually dangerous or not, that habitually
runs out and barks at passing pedestrians or vehicles on the
sidewalk or streets commits a municipal infraction."
Section Five. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Subsection 3.13(1) and enacting a
new Subsection 3.13(1) as follows:
"(1) All animals within the scope of Subsection 3.12(4) shall
be registered with the City Animal Control Officer by an
adult person responsible for the keeping of the animal.
Failure or refusal to register each such animal, stating
the animal's location and identifying characteristics on
forms provided by the City, shall constitute a violation
of the Ames Municipal Code and be punishable as a
municipal infraction. Failure to re-register if the ani-
mal's keeper is charged, or it is moved to another
location, or to report an animal as missing, shall also be
a violation hereof."
Section Six. The Municipal Code of the City of Ames shall be and
is hereby amended by enacting a new Sec. 4.18 relating to bicycle
violations as follows:
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"Sec. 4.18. PENALTIES
It is a simple misdemeanor for a person to do any act which
is forbidden or to fail to perform any act required by this
chapter. Any violation of this chapter is punishable by a
fine of $10.00."
Section Seven. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Sec. 5.11 as it now exists and
enacting a new Sec. 5.11 as follows:
"Sec. 5.11. PERMIT REVOCATION.
If the building official shall find that any sign subject to the
sign regulations is unsafe or insecure; or is a menace to the
public; or has been constructed or erected, or is being main-
tained in violation of the provisions of the sign regulations,
the building official shall give written notice thereof to the
person in possession and control of the premises on which the
sign is located. If such person fails to remove or alter the
sign so as to comply with the provisions of the sign regula-
tions within thirty (30) days of such notice, such person
commits a municipal infraction. If a sign is an immediate
hazard, the building official may cause it to be removed
immediately. A permit for a sign is a license revocable at
any time by the city council for the City of Ames subsequent
to notice to the permittee and an opportunity for the per-
mittee to be heard by said city council."
Section Eight. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Sec. 7.31 and enacting a new Sec.
7.31 as f ollows:
"Sec. 7.31. DOING WORK WITHOUT A LICENSE.
Any person other than a licensed electrician or as provided in
Sec. 7.18, who engages in or does electrical work in the city
without first having obtained a license as herein provided
for, commits a municipal infraction."
Section Nine. The Municipal Code of the City of Ames, Iowa shall
be and is hereby amended by repealing Sec. 9.9 and enacting a new
Sec. 9.9 relating to flood plain violations as follows:
"See. 9.9. PENALTIES FOR VIOLATION.
Any violation of the provisions of this chapter or failure to
comply with any of its requirements (including violations of
conditions and safeguards established in connection with
grants of conditional uses or variances) is a municipal infrac-
tion. Each day such violation continues shall be considered a
separate offense. Nothing herein contained shall prevent the
City of Ames from taking such other lawful action as is
necessary to prevent or remedy any violation."
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Section Ten. The Municipal Code for the City of Ames shall be
amended by repealing Sec. 11.4 and enacting a new Sec. 11.4 as fol-
lows:
"Sec. 11.4. URINATION AND DEFECATION
Any person who urinates or defecates onto any sidewalk,
street, alley, or other public way or onto the floor, hallway,
steps, stairway, doorway or window of any public or private
building is guilty of a misdemeanor."
Section Eleven. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Subsections 13.4(6), (7),
(8) and (9) and enacting a new Subsection 13.4(6) as follows:
"(6) It shall be a municipal infraction for any person, corpo-
ration or legal entity to violate or resist enforcement of the
requirements of this chapter. Application for a hearing
under Sec. 13.17 shall stay the effective date of the enforce-
ment of this section."
Section Twelve. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 15.12 and enacting a
new See. 15.12 as follows:
"Sec. 15.12 LIBRARY REGULATIONS; PENALTY.
It is unlawful for any person to take from any public school,
or library, within the city, any book, pamphlet, periodical,
paper or other property, except in accordance with the rules
of such library; or to take or borrow from such library any
book pamphlet, periodical, paper or other property and
neglect or refuse to return the same within one week after
receiving notice to do so; or to willfully cut, mutilate, mark,
tear, write upon, deface or otherwise destroy or injure any
book, pamphlet, periodical map, document, picture or other
property of such library; or to violate any rule of the said
library or to disturb the peace and quiet thereof by disorder-
ly conduct."
Section Thirteen. The Municipal Code of the City of Ames shall be
and is hereby amended by enacting a new Sec. 16.9 relating to noise
control violations as follows:
"16.9. PENALTY.
Any person who violates any provision of this chapter shall
be guilty of a simple misdemeanor."
Section Fourteen. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.1 and enacting a
new Sec. 17.1 as follows:
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"Sec. 17.1. OFFENSES; CERTAIN PUBLIC OFFENSES TO
BE OFFENSES AGAINST THE CITY.
Certain simple misdemeanors as defined and known under the
Code of Iowa 1987, are hereby declared and made to be
offenses against the City of Ames, Iowa when committed in
the City of Ames, to wit:
(1) Assault [State Law Ref. Code of Iowa Sec. 708.1,
708.2(3)]
(2) Harassment [State Law Ref. Code of Iowa Sec. 708.7]
(3) Theft in the fifth degree [State Law Ref. Code of Iowa
Sec. 714.1, 714.2 (5)]
(4) Criminal mischief in the Fifth Degree [State Law Ref.
Code of Iowa Sec. 716.1, 716.6]
(5) Trespass [State Law Ref. Code of Iowa Sec. 716.6,
716.8 (1)]
(6) Cruelty to animals [State Law Ref. Code of Iowa Sec.
717.2]
(7) Harassment of public officers and employees [State Law
Ref. Code of Iowa See. 718.4]
(8) False reports to law enforcement authorities [State Law
Ref. Code of Iowa See. 718.6]
(9) Refusing to assist officer [State Law Ref. Code of Iowa
Sec. 719.21
(10) Fraudulent practice in the Fifth Degree [State Law Ref.
Code of Iowa Sec. 714.8, 714.13]
(11) Use of false process or records [State Law Ref Code of
Iowa Sec. 720.5]
(12) Unlawful assembly [State Law Ref Code of Iowa Sec.723.21
(13) Failure to disburse [State Law Ref Code of Iowa Sec.
723.3]
(14) Disorderly conduct [State Law Ref Code of Iowa Sec.
723.4]
(15) Interference with official acts [State Law Ref Code of
Iowa Sec. 719.11]
(16) Unauthorized access to computer [State Law Ref. Code of
Iowa Sec. 716A.2]
(17) Computer damage in the Fifth Degree [State Law Ref.
Code of Iowa Sec. 716A.8]
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(18) Computer theft in the Fifth Degree [State Law Ref. Code
of Iowa Sec. 716A.14]
(19) Abandonment of cats and dogs [State Law Ref. Code of
Iowa Sec. 717.4]"
Section Fifteen. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.3 and enacting a
new Sec. 17.3 as follows:
"Sec. 17.3. ANTENNAE, RADIO WIRES.
It is unlawful for any person to attach any antennae or radio
wires to any pole used by the City in conveying electric
current, or to any pole carrying telephone or telegraph wires
or cables or to string, place or continue any such antennae
or radio wires over or under any electric light or power wires
or cables or to string any such antennae or radio wires in,
on or across any street, avenue or alley of the City."
Section Sixteen. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.4 and enacting a
new Sec. 17.4 as follows:
"Sec. 17.4. WEAPONS VIOLATIONS.
Certain simple misdemeanors as defined and known under the Code
of Io_w_a_ 1987 relative to the carrying, purchase and sale of certain
weapons, are hereby declared and made to be offenses against the
City of Ames when committed within the City of Ames, to wit:
(1) Failure to carry permit to carry weapons [State Law Ref.
Iowa Code Sec. 724.5]
(2) Failure to report and record sales of pistols and revol-
vers [State Law Ref. Iowa Code Sec. 724.16]"
Section Seventeen. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.5 and enacting a
new Sec. 17.5 as follows:
"Sec. 17.5. INFRINGEMENT OF CIVIL RIGHTS.
Certain simple misdemeanors as defined and known under the
Code of Iowa 1987 relative to infringement of civil rights, are
hereby declared and made to be offenses against the City of
Ames when committed in the City of Ames, to wit:
(1) Discrimination in employment of individuals because of
race, religion, color, national origin or ancestry;
(2) Discrimination by labor union or organization as to
membership therein because of race, religion, color,
national origin or ancestry." (State Law Ref. Iowa Code
Sec. 729.4)
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Section Eighteen. The Municipal Code of the City of Ames, Iowa is
hereby amended by repealing Sec. 17.6 and enacting a new Sec. 17.6
as follows:
"Sec. 17.6. FIREWORKS, USE REGULATED.
(1) The use or exploding of 'fireworks,' as that term is
defined by the Code of Iowa 1987, is prohibited except
when done in accordance with a permit authorized by the
City Council.
(2) The City Council for the City of Ames may, upon receipt
of a written application, permit the display and explod-
ing of fireworks by any group or organization if the
fireworks will be handled by a competent operator.
(3) However, nothing in this section shall be construed to
prohibit any resident, dealer, manufacturer or jobber
from selling such fireworks if the same are to be shipped
out of state; or the sale or use of blank cartridges for a
show or the theater, or for signal purposes in athletic
or sporting events or by railroads or trucks, for signal
purposes, or by a recognized military organization; and
provided further that nothing in this section shall apply
to any substance or composition prepared and sold for
medicinal or fumigation purposes.
(4) A violation of this section shall be a municipal infrac-
tion."
Section Nineteen. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.8 and enacting a
new Sec. 17.8 as follows:
"Sec. 17.8. DEFACING NOTICES.
It is unlawful for a person to deface or tear down any notice,
ordinance or advertisement, within the City, posted by order
of the City Council or by any public officer in the perfor-
mance of their official duties."
Section Twenty. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 17.10 and adopting a
new Sec. 17.10 as follows:
"Sec. 17.10. DEPOSITING PAPER ON STREETS, IN VEHICLES.
It is unlawful for any person to throw or deposit or cause to
be thrown or deposited, any paper, cards, advertisements,
handbills or the like, into any street, alley or other public
place or places, or in or upon any motor vehicle while parked
on public property."
Section Twenty-One. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.11 and
enacting a new Sec. 17.11 as follows:
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"Sec. 17.11. DISCHARGE OF FIREARMS.
Any person, except one in lawful defense of themselves or
another, or in defense or their property, or a peace officer
in the performance of duties (including the designated animal
control officer), or at a lawful shooting gallery, or one in
lawful possession and control of land used for agricultural
purposes when on said land, and control of land used for
agricultural purposes when on said land to fire off or dis-
charge any cannon, gun, rifle or other firearm within the
City is guilty of a simple misdemeanor. Provided, however,
that nothing herein shall apply to the military department of
Iowa State University; to other military organizations of the
United States and the State, to military funeral ceremonies,
or to firings conducted by sport and recreation organizations,
such as the Izacc Walton League, at scheduled periods, on an
established range, and under supervision of a designated
individual who is qualified to assure that adequate safety
precautions are established and observed."
_Section Twenty-Two. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.14 and
enacting a new Sec. 17.14 as follows:
"Sec. 17.14. INTERFERING WITH GRADE STAKES, OTHER
MONUMENTS.
It is unlawful for any person to remove, break, carry away,
damage, destroy or interfere with, in any manner, any grade
stake, stone or other marker or monument within the city, set
by the city, federal, state authorities or duly registered land
surveyor to designate grade, corners, lines or bench marks,
or who defaces, removes any letters, figures or marks there-
on." [State Law Ref. Iowa Code Sec. 355.14]
Section Twenty-Three. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.15 and
enacting a new Sec. 17.15 as follows:
"Sec. 17.15. INTERFERING WITH HYDRANTS.
It is unlawful for any person, unless properly authorized,
other than an employee of the City, or a member of the fire
department in the performance of their duty, to take off or
unscrew the cap from any water hydrant in the streets or
avenues of the City, or interfere or meddle with such hy-
drant in any manner."
Section Twenty-Four. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.16 and
enacting a new Sec. 17.16 as follows:
"Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES
It is unlawful for a person of less than legal age for purchase
of alcoholic beverages, beer or wine to be in, or for any
person knowingly to permit a person of less than legal age
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for purchase of alcoholic beverages, beer, or wine, to be in a
place where beer wine, or alcoholic beverages are sold unless
at least fifty (50) percent of the business conducted at said
place is other than the sale of beer, wine or alcoholic bever-
ages. Any person violating this section shall be guilty of a
simple misdemeanor.
The provisions of this section shall not apply to any person
of less than legal age for the purchase of alcoholic beverages,
beer or wine, who:
(1) Is accompanied by a parent, guardian or spouse who is
of said legal age;
(2) Is a regular employee of the holder of a valid beer and
liquor control commission license with respect to the
premises; or
(3) Is a participant in a special event sponsored by a non-
profit organization and authorized by the City Council."
Section Twenty-Five. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.17 and
enacting a new Sec. 17.17 as follows:
"Sec. 17.17. CONSUMPTION IN PUBLIC PLACES; INTOXICATION.
It is unlawful for any person to use or consume alcoholic
beverages, wine or beer upon the public street or highways
of the City of Ames, or to consume any alcoholic beverage in
any public place, except premises covered by a valid liquor
control license. Any person violating this section shall be
guilty of a simple misdemeanor."
Section Twenty-Six. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.18 and
enacting a new Sec. 17.18 as follows:
"(1) It shall be the duty of persons who sell beer and alco-
holic beverages, and of their employees, to demand and
examine satisfactory evidence of the purchaser's age if
that person appears to be under the legal age for such
purchase, before selling, giving or otherwise providing
beer or alcoholic beverages to such person.
(2) Persons under the legal age for purchase of beer or
alcoholic beverages shall not purchase or attempt to
purchase beer or alcoholic beverages, except when
acting with the knowledge and authorization of the Ames
Police Department in the course of a law enforcement
investigation.
(3) Any person violating this section shall be guilty of a
simple misdemeanor."
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Section Twenty-Seven. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 17.20 and
enacting a new Sec. 17.20 as follows:
"Sec. 17.20. REMOVING DANGER SIGNALS, BARRICADES
It is unlawful for any person to interfere with, remove, throw
down, destroy or carry away from any street, alley or public
place, any lamp, lantern, flare, or other light, barricade or
danger signal, erected and placed therein for the purpose of
guarding or enclosing unsafe or dangerous places or giving
warning or notice thereof."
Section Twenty-Eight. The Municipal Code of the City of Ames,
Iowa shall be amended by repealing Subsection 17.23(4)(a) and enacting
a new Subsection 17.23(4)(a) as follows, relating to dope paraphernalia:
"(a) Violations of the provisions of this ordinance shall be a
municipal infraction."
Section Twenty-Nine. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by enacting a new Subsection
17.24(10) regarding licensing and regulations of the massage business
as follows:
"(10) Penalty. Violation of the provisions of this ordinance
shall be a municipal infraction."
Section Thirty. The Municipal Code of the City of Ames, Iowa,
shall be and is hereby amended by repealing Subsection 17.27(8) and
enacting a new Subsection 17.27(8) relating to beer keg party regula-
tions as follows:
"(8) The doing of an act prohibited or declared to be unlaw-
ful or the omission or failure to perform any act or duty
required by this section is a municipal infraction."
Section Thirty-One. The Municipal Code of the City of Ames shall
be amended by repealing Sec. 21.37 and enacting a new Sec 21.37
relating to plumbing regulations as follows:
"Sec. 21.37 VIOLATIONS.
It is a municipal infraction for any person other than a
licensed plumber or as provided in the provisions of this
chapter, to engage in or do plumbing work in the City with-
out first having obtained a license as herein provided for."
Section Thirty-Two. The Municipal Code of the City of Ames shall
be amended by repealing Subsection 21.38(1) and enacting a new Sub-
section 21.38(1) as follows:
"(1) It is a municipal infraction for any master plumber,
journeyman plumber, plumbing firm or any other person or
business organization to permit, allow or employ an unlicensed
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person to engage in or perform plumbing work in the City in
violation of the provisions of this chapter."
Section Thirty-Three. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Subsection 22.2(2)
and enacting a new Subsection 22.2(2) as follows:
"(2) Failure of owner to remove. No owner shall, for a
period of ten (10) daylight hours after the cessation of
the storm or cause of accumulation, permit snow, ice, or
accumulations to remain upon the adjoining and abutting
sidewalks."
Section Thirty-Four. The Municipal Code for the City of Ames,
Iowa shall be and is hereby amended by repealing Subsection 22.4(2)
and enacting a new Subsection 22.4(2) relating to temporary obstruc-
tions as follows:
"(2) No person shall construct any sidewalk, residence,
building, or other improvement, or make repairs to the
same, or for any other purpose, pile sand, dirt, brick,
lumber, or other material upon any street, avenue, alley
or public place, or within the street limits, without
maintaining at and thereon, at proper places, a lighted
barricade, lighted lantern or flares between the hours of
sunset and sunrise, sufficiently bright to be easily
observed at a distance of three hundred (300) feet."
Section Thirty-Five. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Subsection 22.6(10)
and enacting a new Subsection 22.6(10) relating to building numbering
as f ollows:
"(10)It is the duty of the city manager to enforce the provi-
sions of this section respecting the duty of owners,
agents, or lessees to number buildings, and no person
shall refuse to number a building as herein provided, or
shall fail to do so for a period of thirty (30) days after
being notified in writing by the city manager to do so."
Section Thirty-Six. The Municipal Code of the City of Ames shall
be amended by repealing Sec. 25.27 and enacting a new Sec. 25.27
regarding cable television regulations as follows:
"Sec. 25.27. PENALTY
The doing of any act prohibited by this chapter, or the
omission or failure to perform any act or duty required by
this chapter is a municipal infraction, and shall also be
grounds for revocation and termination of a franchise."
Section Thirty-Seven. The Municipal Code of the City of Ames
shall be amended by enacting a new Sec. 26.76 relating to traffic
offenses as follows:
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"Sec. 26.76. PENALTY
It is a simple misdemeanor for a person to do any act which
is forbidden or to fail to perform any act required by this
chapter."
Section Thirty-Eight. The Municipal Code of the City of Ames,
Iowa shall be amended by repealing Sec. 28.41 and enacting a new Sec.
28.41 as follows:
"Sec. 28.41. GENERAL PROHIBITIONS FOR WASTE DISPOSAL
IN THE SEWER
No utility customer shall place, throw, dump, empty or de-
posit into the municipal sewerage system any of the following:
(1) Any liquid, solid or gases, which may cause fire or
explosion either alone or in combination with other
substances. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene
xylene, ethers, alcohols, ketones, aldehydes, perioxides,
chlorates, perchlorates, bromates, carbides, hydrides
and sulfides;
(2) Solid or viscous substances which may cause obstruction
to the flow in the sewer, or other interference with the
operation of the treatment facility;
(3) Any wastewater which has a pH less than 6.0 or higher
than 9.5;
(4) Any wastewater containing toxic pollutants in sufficient
quantity, either singly or in combination, to injure or
interfere with any wastewater treatment or sludge dis-
posal process, constitute a hazard to humans or animals,
create a toxic effect in the receiving stream, or exceed
any standard set by the Iowa Department of Environmen-
tal Quality or the U.S. Environmental Protection Agency.
(5) Any substance which either singly or in combination is
sufficient to create a public nuisance or hazard to life or
interferes with the possible reclamation or reuse of the
wastewater or sludges.
Any violation of this section is a municipal infraction."
Section Thirty-Nine. The Municipal Code of the City of Ames,
Iowa shall be and is hereby amended by repealing Sec. 28.81 and
enacting a new Sec. 28.81 as follows:
"Sec. 28.81. UNAUTHORIZED ALTERATION OF LINES AND
METERS, BYPASSING
It is unlawful for any person to interfere with, tamper with,
alter or bypass any electric, water or gas meter installed for
any utility in the City; or interfere with, tamper with or
alter any lines, pipes or conduits installed by any utility in
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the City, without the express or implied authorization of such
utility."
Section Forty. The Municipal Code of the City of Ames shall be
and is hereby amended by repealing Sec. 29.51A and enacting a new
Sec. 29.51A relating to zoning as follows:
"29.51A. MANAGER TO ENFORCE CHAPTER; PENALTY.
The provisions of this chapter shall be enforced by the city
manager. Violations of the provisions of this chapter or
failure to comply with any of its requirements (including
violations and safeguards established in connection with
grants of special permits, variance and exceptions) are muni-
cipal infractions. Each day such violation continues shall be
considered a separate offense. Nothing herein contained shall
prevent the City of Ames from taking such other lawful action
as is necessary to prevent a remedy of any violation."
_Section Forty-One. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Subsection 30.5(3)(c) and
enacting a new Subsection 30.5(3)(c) regarding junked vehicle viola-
tions as follows:
"(c) Failure to comply with the provisions of said Chapter 30
constitutes a municipal infraction."
Section Forty-Two. The Municipal Code of the City of Ames, Iowa
shall be and is hereby amended by repealing Sec. 30.8 and enacting a
new Sec. 30.8 regarding junked and stored vehicle violations as follows:
"Sec. 30.8. PENALTY FOR VIOLATION.
It is a municipal infraction when any person, firm, partner-
ship or corporation violates any provision of this chapter."
Section Forty-Three. All ordinances or parts of ordinances here-
with are repealed to the extent of such conflict, if any.
Section Forty-Four. If any section, provision or part of this
chapter shall be adjudged invalid or unconstitutional, such adjudication
shall not affect the validity of the chapter as a whole, or any section,
provision or part hereof not adjudged invalid or unconstitutional.
1988.Section Forty-Five. This ordinance shall take effect on March 1,
Passed this 23rd day of February
Nanc= Gibb6s, City Clerk F. Paul Goodland, ayor
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