HomeMy WebLinkAboutA002 - Cover Letter for proposed ordinance outlining specific penalties 3
- City Attorney's Office
515 Clark Avenue,P. O.Box 811
Ames,IA 50010
Caring People
Qualify Pmg. Phone: 515-23 9-5146
Exceptional Service Fax: 515-239-5142
July 17, 1998
The Honorable Ted Tedesco, Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Penalties for Ordinance Violations
Dear Mayor Tedesco and Council Members:
You will recall that the General Assembly, by enactment of H.F.2472, has increased the amounts that
can be assessed as a civil penalty for a"municipal infraction". The former limits were $100 for a first
offense and $200 for a repeat violation. The new maximums are $500 for a first offense and $750 for
a repeat violation. This law change prompted a staff review that resulted in the attached proposed
ordinance. If enacted, this ordinance will specify higher municipal infraction penalties for most of the
Ames Code.
It should be remembered that a municipal infraction is not a criminal matter like a misdemeanor. A
person cannot be arrested or imprisoned for a municipal infraction. The advantage of the municipal
infraction process is that it provides for higher monetary penalties than the $100 maximum allowed for
a misdemeanor, plus the proceeding allows for a court order to enjoin or correct the activity or
condition that constitutes an infraction. However, Section 364.22(11), Code of Iowa, provides that
a "peace officer" can be given the option of filing either a municipal infraction or a misdemeanor
charge. At the request of the Police Chief, the ordinance gives that option for those local ordinances
enforced by the Police Department.
The proposed ordinance does not affect the penalties for parking violations. Parking violations are
treated differently under Chapter 18 of the Ames Code, in accordance with Section 321.236(1), Code
of Iowa.
The specified penalties for various offenses are:
Chapter 3, Animals, Municipal Infraction $50/$100
Chapter 4, Bicycles, Municipal Infraction $50/$100 (Bicycle traffic violations are prosecuted
as misdemeanors under Chapter 26)
Chapter 5, Building Code, Municipal Infraction $500/$750
Chapter 7, Electric Code, Municipal Infraction $500/$750
Chapter 8, Fire Code, Municipal Infraction $500/$750
Chapter 9, Flood Plain Zoning, Municipal Infraction $500/$750
Chapter 10, Garbage, Municipal Infraction $500/$750
Chapter 11, Health and Sanitation, Municipal Infraction $50/$100 or misdemeanor
Chapter 13, Rental Housing, Municipal Infraction $500/$750
Chapter 16, Noise Control, Municipal Infraction $50/$100
Section 17.1 sets out a number of State law misdemeanors, incorporated by reference, that are
enforced only as misdemeanors.
Sections 17.2 —17.29, miscellaneous offenses enforced by police officers, are municipal
infractions, $50/$100, or misdemeanors, (Except 17.7, prohibited smoking, set at $25,
and 17.16(5), minors at nude performances, set at $100/$200, or a misdemeanor.)
Section 17.30, the "nuisance party" ordinance, is a municipal infraction at $100/$200, or
misdemeanor.
Section 17.31, the "lap dancing" ordinance, is a municipal infraction at $50/$100, or
misdemeanor.
Section 17.32, prevention of consumption of alcoholic beverages by underage persons at
parties, is a municipal infraction at $100/$200, or misdemeanor.
Chapter 21, Plumbing Code, Municipal Infraction $500/$750
Chapter 22, Streets and Sidewalks, Municipal Infraction $500/$750
Chapter 27, Trees and Shrubs, Municipal Infraction $500/$750
Chapter 29, Zoning, Municipal Infraction $500/$750
Chapter 30, Junk Cars, Municipal Infraction $500/$750
Chapter 31, Historic Preservation, Municipal Infraction $500/$750
Violation of code provisions for which a penalty has not been specifically set will be subject to the
catch-all penalty schedule of Sec. 1.9.
Your further comments and requests will be appreciated. Do not hesitate to call.
Yours truly,
BOG'
John R. Klaus
City Attorney
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