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HomeMy WebLinkAbout~Master - Stating Various Municipal Infractions and Penalties for each ORDINANCE NO. 3497 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING AND REVISING VARIOUS SECTIONS AND ENACTING NEW SECTIONS FOR THE PURPOSE OF STATING VARIOUS MUNICIPAL INFRACTIONS AND THE PENALTY FOR EACH; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 1.9 thereof and re-enacting that Section revised to state as follows: "Sec. 1.9. MUNICIPAL INFRACTIONS. (1) Except as otherwise provided in this Code, all violations of this Code are municipal infractions. (2) A repeat violation is when the same person violates the same provision of this code on any date subsequent to the date of the first violation. (3) Unless another penalty amount is stated elsewhere in this Code with respect to a specific provision or provisions of this Code, the schedule of penalties for a municipal infraction is: (a) First Violation- $30.00 (b) First Repeat Violation- $100.00 (c) Subsequent Repeat Violations -$200.00 (4) This section does not preclude a peace officer of the City from issuing a criminal citation for a violation of this Code if criminal penalties are also provided for the violation. (5) Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate violation." Section Two. A new Section 3.501 of the Ames Municipal code is enacted as follows: "Sec. 3.501. PENALTIES FOR OFFENSES PERTAINING TO ANIMALS. A violation of any provision of Chapter 3, Animals, shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof, and a penalty of $100 for each repeat violation." Section Three. Section 4.18 of the Ames Municipal Code is hereby repealed and a new Section 4.18 is enacted to state as follows: "Sec. 4.18. PENALTIES FOR OFFENSES PERTAINING TO BICYCLES. (1) A violation of any provision of Chapter 4, Bicycles, shall be a municipal infraction punishable by a penalty of$50.00 for a person's first violation thereof, and a penalty of$100.00 for each repeat violation. (2) Alternatively, a violation of Chapter 4 can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed $100.00 or imprisonment not to exceed thirty days." Section Four. Section 5.501 of the Ames Municipal Code is hereby repealed and a new Section 5.501 is enacted to state as follows: 1 "Sec. 5.501. PENALTIES FOR OFFENSES PERTAINING TO BUILDINGS, SIGNS, AND HOUSE MOVING. A violation of any provisions of Chapter 5, Buildings, Signs and House Moving, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Five. Section 7.501 of the Ames Municipal Code is hereby repealed and a new Section 7.501 is enacted to state as follows: "Sec. 7.501. PENALTIES FOR OFFENSES PERTAINING TO THE ELECTRICAL CODE. A violation of any provision of Chapter 7, Electrical Code, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Six. Section 8.201 of the Ames Municipal Code is hereby repealed and a new Section 8.201 is enacted to state as follows: "Sec. 8.201.. PENALTIES FOR OFFENSES PERTAINING TO THE FIRE CODE. A violation of any provision of Chapter 8, Fire Code, shall be a municipal infraction punishable by a penalty of $500 for a person's first violation thereof, and a penalty of $750 for each repeat violation." Section Seven. Section 9.9 of the Ames Municipal Code is hereby repealed and a new Section 9.9 is enacted to state as follows: "Sec. 9.9. PENALTIES FOR OFFENSES PERTAINING TO FLOOD PLAIN ZONING. A violation of any provision of Chapter 9, Floor Plain Zoning Regulations, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Eight. A new Section 10.25 of the Ames Municipal Code is enacted as follows: "Sec. 10.25. PENALTIES FOR OFFENSES PERTAINING TO GARBAGE AND REFUSE. A violation of any provision of Chapter 10, Garbage and Refuse, shall be a municipal infraction punishable by a fine of$500 for a person's fast violation thereof, and a penalty of$750 for each repeat violation." Section Nine. Section 11.7 of the Ames Municipal Code is hereby repealed and a new Section 11.7 is enacted to state as follows: "Sec. 11.7. PENALTIES FOR OFFENSES PERTAINING TO HEALTH AND SANITATION. (1) A violation of any provision of Chapter 11, health and Sanitation, shall be a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (2) Alternatively, a violation of any provision of Chapter 11, Health and Sanitation, can be charge by a peace officer of the city as a simple misdemeanor punishable by a fine not to exceed$100 or imprisonment not to exceed thirty days." Section Ten. Subsection 13.4(6)of the Ames Municipal Code is hereby repealed and a new Subsection 13.4(6) is enacted to state as follows: 2 "(6) A violation of any provision of Chapter 13, Housing, Rental, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation. Application for a hearing under Sec. 13.17 shall stay the Housing Inspector from issuing a citation with respect to the matter appealed until after the appeal board has rendered its decision." Section Eleven. Section 16.9 of the Ames Municipal Code is hereby repealed and a new Section 16.9 is enacted to state as follows: "Sec. 16.9. PENALTIES FOR OFFENSES PERTAINING TO NOISE CONTROL. (1) A violation of any provision of chapter 16, Noise Control, shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (2) Alternatively,a violation of any provision of chapter 16, Noise Control, can be charged by a peace officer of the city as a simple misdemeanor punishable by a fine not to exceed$100 or imprisonment not to exceed thirty days." Section Twelve. Section 17.1 of the Ames Municipal code is hereby repealed and a new Section 17.1 is enacted to state as follows: "Sec. 17.1. OFFENSES;CERTAIN PUBLIC OFFENSES TO BE OFFENSES AGAINST THE CITY. (1) Certain simple misdemeanors defined and known under the Code of Iowa 1997 are hereby declared and made to be offenses against the City of Ames, Iowa, when committed in the City of Ames, to-wit: (a) Assault[State Law Ref. 708.1, 708.2(3)] (b) Harassment[State Law Ref. 708.71 (c) Theft in the fifth degree[State Law Ref. 714.1, 714.2 (5)] (d) Criminal mischief in the Fifth Degree[State Law Ref. 716.1, 716.6] (e) Trespass[State Law Ref. 716.6, 716.8 (1)] (f) Cruelty to animals[State Law Ref. 717.21 (g) Harassment of public officers and employees[State Law Ref. 718.41 (h) False reports to law enforcement authorities[State Law Ref. 718.6] (i) Refusing to assist officer[State Law Ref. 719.21 0) Fraudulent practice in the Fifth Degree[State Law Ref. 714.8, 714.13] (k) Use of false process or records[State Law Ref 720.51 (1) Unlawful assembly[State Law Ref 723.2] (m) Failure to disperse[State Law Ref 723.31 (n) Disorderly conduct[State Law Ref 723.4] (o) Interference with official acts[State Law Ref 719.1] (p) Unauthorized access to computer[State Law Ref. 716A.2] (q) Computer damage in the Fifth Degree[State Law Ref. 716A.8] (r) Computer theft in the Fifth Degree[State Law Ref. 716A.141 (s) Abandonment of cats and dogs[State Law Ref. 717.4] (t) Possession Under Legal Age [State Law Ref. 123.47] (2) Violation of any provision of this Section shall be a simple misdemeanor punishable by a fine not to exceed$100 or imprisonment not to exceed thirty days." Section Thirteen. Section 17.2 of the Ames Municipal Code is hereby repealed and a new Section 17.2 is enacted to state: "Sec. 17.2. AIRGUNS, BOWS, SLINGSHOTS; DISCHARGING. (1) Any person who discharges any projectile or missile form any bow, air-gun, slingshot or similar appliance, within the City, whereby any person may or shall be hurt or hit, any window broken or other property damaged or destroyed,commits a municipal infraction punishable by a penalty of$50 for a person's first violation and $100 for each repeat violation. 3 (2) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or imprisonment not to exceed thirty days." Section Fourteen. Section 17.3 Ames Municipal Code is hereby repealed and a new Section 17.3 is enacted as follows: "Sec. 17.3. ANTENNAE, RADIO WIRES. (1) 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. (2) Violation of this Section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. " Section Fifteen. Section 17.4 of the Ames Municipal Code is hereby repealed and a new Section 17.4 is enacted as follows: "Sec. 17.4. WEAPONS PERMIT REQUIRED. (1) A person anned with a revolver, pistol, or pocket billy concealed upon the person shall have in that person's immediate possession the permit provided for in Section 724.4 Subsection 4, paragraph `i', Code of Iowa and shall produce the permit for inspection at the request of a city peace officer. (2) Failure to produce a permit as required by subsection (1) above shall be a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Sixteen. Subsection 17.6(4)of the Ames Municipal Code is hereby repealed and a new Subsection 17.6(4) is hereby enacted as follows: "(4) A violation of a provision of this section pertaining to the use or exploding of fireworks shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. Alternatively, a violation of this section can be charged by a peace officer of the city as a simple misdemeanor punishable by a fine not to exceed $100 or imprisonment not to exceed thirty days." Section Seventeen. Section 17.8 of the Ames Municipal Code is hereby repealed and a new Section 17.8 is enacted as follows: "Sec. 17.8. DEFACING NOTICES. (1) It is unlawful for any 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 performance of their official duties. (2) Violation of this Section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." 4 Section Eigbteen. Section 17.9 of the Ames Municipal Code is hereby repealed and a new Section 17.9 is enacted as follows: "Sec. 17.9. DEPOSITING GUM, TOBACCO. (1) It is unlawful to deposit any gum, tobacco quid, cigar or cigarette stubs in, upon or against any sidewalk or upon the floor, of any public building, hallways, steps, cellarway, stairway, windows,public motor bus or depot platform. (2) Violation of this Section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Nineteen. Section 17.10 of the Ames Municipal Code is hereby repealed and a new Section 17.10 is enacted as follows: "Sec. 17.10. DEPOSITING PAPER ON STREETS, IN VEHICLES. (1) 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 vehicles while parked on public property. (2) Violation of this Section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Twentv. Section 17.11 of the Ames Municipal Code is hereby repealed and a new Section 17.11 is enacted as follows: "Sec. 17.11. DISCHARGE OF FIREARMS. (1) No person, except one in lawful defense of themselves or another, or in defense of their property, or a peace officer in the performance of duties (including the designated animal control officer), or at a licensed shooting gallery, or one in lawful possession and control of land used for agricultural purposes when on said land shall fire off or discharge any cannon, gun, rifle or other firearm within the City. 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 Izaac 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. (2) A violation of this Section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the city as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Twenty-One. Section 17.12 of the Ames Municipal Code is hereby repealed and a new Section 17.12 is enacted as follows: 5 "Sec. 17.12. ABANDONED OR UNATTENDED REFRIGERATORS. Any person who abandons or otherwise leaves unattended any refrigerator, ice box, or similar container,with doors that may become locked, outside of buildings and accessible to children, or any person who allows any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to children, commits a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation." Section Twenty-Two. Section 17.13 of the Ames Municipal Code is hereby repealed and a new Section 17.13 is enacted as follows: "Sec. 17.13. FALSE FIRE ALARMS. (1) Any person who in any manner, willfully gives or causes a false alarm whereby the fire department or the police department is called out to respond commits a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (2) Due to the frequency of alarms associated with automatic intrusion alarm systems of various kinds the City Council may from time to time establish by resolution a scheduled fee to recover the cost of responding to such alarms." Section Twenty-Three. Section 17.14 of the Ames Municipal Code is hereby repealed and a new Section 17.14 is enacted as follows: "Sec. 17.14. INTERFERING WITH GRADE STAKES, OTHER MONUMENTS. (1) 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 to deface, remove any letters, figures or marks thereon. (2) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Twenty-Four. Section 17.15 of the Ames Municipal Code is hereby repealed and a new Section 17.15 is enacted as follows: "Sec. 17.15. INTERFERING WITH HYDRANTS. (1) 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 takes off or unscrew the cap from any water hydrant in the streets or avenues of the city, or interfere or meddle with such hydrant in any manner. (2) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation. (3) Alternatively,a violation of this section can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Twenty-Five. Subsection 17.16(4) of the Ames Municipal Code is hereby repealed and a new Subsection 17.16(4)is enacted as follows: 6 "(4) Violation of the provisions of subsections 17.16(1) through 17.16(3) pertaining to underage persons on licensed premises shall be a municipal infraction punishable by a penalty of$50 for a person's first violation and $100 for each repeat violation. Alternatively, violation of those stated subsections can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or imprisonment not to exceed thirty days." Section Twenty-Six. Subsection 17.16(5) of the Ames Municipal code is hereby repealed and a new Subsection 17.16(5)is enacted as follows: "(5) Minors Prohibited on Premises at nude Performances. Persons under the age of 18 years shall not attend any live entertainment or performance presented for commercial purposes, that consists in whole or in part of persons exposing human genitalia, human buttocks, or the human female breast nipple. No person shall participate in presenting such entertainment to a person under the age of 18. A violation of this subsection shall be a municipal infraction punishable by a penalty of$100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this subsection can be charged by a peace officer of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Twen, -Seven. Section 17.17 of the Ames Municipal Code is hereby amended by repealing Section 17.17 and enacting a new Section 17.17 as follows: "Sec. 17.17. CONSUMPTION IN PUBLIC PLACES. It is unlawful for any person to use or consume alcoholic beverages, wine or beer upon the public streets or highways of the City of Ames,or consume any alcoholic beverage in any public place, except: (1) premises covered by a valid liquor control license; or (2) If the public place is Brookside, Emma McCarthy Lee, Inis Grove, North and South River Valley or Moore Memorial Parks, wine and beer may be consumed if it is in or dispensed from bottles or single serving cans, but not cartons or kegs. Keg beer may be authorized only by the Parks and Recreation Commission based on such criteria as they shall adopt. (3) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation. Alternatively,violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Twenty-Eieht. Section 17.18.1 of the Ames Municipal Code is hereby repealed and a new Section 17.18.1 enacted as follows: "Sec. 17.18.1 INDIRECT SALE OF ALCOHOLIC BEVERAGES. The selling of any goods or services, or the charging of an admission fee as a condition to partaking in a supply of beer, wine or other alcoholic beverages is prohibited unless done with respect to premises licensed by the Alcoholic Beverages Division of the Iowa Department of Commerce. A Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Twenty-Nine. Section 17.19 of the Ames Municipal Code is hereby repealed and a new Section 17.19 enacted as follows: 7 "Sec. 17.19. INTOXICATION IN A PUBLIC PLACE. No person shall be intoxicated or simulate intoxication in a public place. A violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty. Section 17.20 of the Ames Municipal Code is hereby repealed and a new Section 17.20 is enacted 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. A violation of this section shall be a municipal infraction punishable by a penalty of $50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed$100 or by imprisonment not to exceed thirty days." Section Thirty-One. Section 17.21 of the Ames Municipal Code is hereby repealed and a new Section 17.21 is enacted as follows: "Sec. 17.21. AIR TRAFFIC RULES TO BE OBSERVED. No aircraft shall be operated over or within the jurisdiction of the City of Ames in violation of the air traffic rules which have been or may hereafter be established by the Federal Aviation Administration of the United States. Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and $100 for each repeat violation." Section Thirty-Two. A new Subsection 17.22(5)is added to the Ames Municipal Code as follows: "(5) Failure to abide by the altitude requirements stated in Subsections (1)through(4)above shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation." Section Thirty-Three. Subsection 17.23(3)of the Ames Municipal Code is hereby repealed and a new Subsection 17.23(3)is enacted as follows: "(3) Violation of the provisions of this section with respect to drug paraphernalia shall be a municipal infraction punishable by a penalty of $50 for a person's first violation and $100 for each repeal violation." Section Thirty-Four. Section 17.25 of the Ames Municipal Code pertaining to Precious Metals, Pawnbrokers, Itinerant Dealers is hereby amended by adding a new Subsection as follows: (7) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty-Five. Section 17.26 of the Ames Municipal Code, pertaining to Peddlers, Solicitors, and Transient Merchants, is hereby amended by adding a new Subsection 17.26(15)as follows: 8 "(15) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for a person's first violation thereof and $200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty-Six. Section 17.27 of the Ames Municipal Code pertaining to Beer Keg party Regulations is hereby amended by repealing Subsection(10)thereof and enacting a new Subsection(10)as follows: "(10) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty-Seven. Section 17.28 of the Ames Municipal Code pertaining to Skateboards in certain locations is amended by adding a new Subsection(3)as follows: "(3) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and $100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty-Eight. Section 17.29 is repealed and a new Section 17.29 is enacted to state as follows: "See. 17.29. SNOWMOBILES RESTRICTED. (1) The operation of snowmobiles on any property of the City of Ames, including parks operated by the city,or on any part or portion of the right-of-way of any public street, alley, highway, road,or bicycle path, including the crossing thereof, is prohibited except at such places in city parks as shall be authorized by the Parks and Recreation Commission, and such other places as may be expressly authorized by the City Council. To the extent allowed by the laws of the State of Iowa, snowmobiles may be used for emergency purposes anywhere, anytime. (2) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Thirty Nine. Section 17.30 of the Ames Municipal Code pertaining to Nuisance party Regulations is amended by adding a new Subsection(4)as follows: "(4) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for a person's first violation thereof and$200 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Forty. Section 17.31 pertaining to Touching of Certain Entertainers is amended by adding a new Subsection (4) as follows: "(4) Violation of this section shall be a municipal infraction punishable by a penalty of$50 for a person's first violation thereof and$100 for each repeat violation. Alternatively, violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Forty-One. Section 17.32 pertaining to prevention of consumption of alcoholic beverages by underage persons at parties is amended by adding a new Subsection(4)as follows: 9 "(4) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for a person's first violation thereof and$200 for each repeat violation. Alternatively,violation of this section can be charged by a peace office of the City as a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Forty-Two. Section 21.801 of the Ames Municipal Code is hereby repealed and a new Section 21.801 is enacted as follows: "Sec. 21.801. PENALTIES FOR OFFENSES PERTAINING TO PLUMBING. A violation of any provision of Chapter 21,Plumbnig, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof and$750 for each repeat violation." Section Forty-Three. A new Section 22.26 of the Ames Municipal Code is enacted as follows: "Sec.22.26. PENALTIES FOR OFFENSES PERTAINING TO STREETS AND SIDEWALKS. A violation of any provision of Chapter 22, Streets and Sidewalks, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Forty-Four. A new Section 27.7 of the Ames Municipal Code is enacted as follows: "Sec. 27.7. PENALTIES FOR OFFENSES PERTAINING TO TREES AND SHRUBS. A violation of any provision of Chapter 27, Trees and Shrubs, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Forty-Five. A new Section 29.87 of the Ames Municipal Code is enacted as follows: "Sec. 29.87. PENALTIES FOR OFFENSES PERTAINING TO ZONING. A violation of any provision of Chapter 29, Zoning, shall be a municipal infraction punishable by a penalty of $500 for a person first violation thereof, and a penalty of $750 for each repeat violation." Section Forty-Six. Section 30.8 of the Ames Municipal Code is hereby repealed and a new Section 30.8 is enacted as follows: "Sec. 30.8. PENALTIES FOR OFFENSES PERTAINING TO JUNKED VEHICLES AND OUTDOOR STORAGE OF MOTOR VEHICLES. A violation of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi-trailers; and Outdoor Storage of Motor Vehicles, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." Section Forty-Seven. Section 31.16 of the Ames Municipal Code is hereby repealed and a new Section 31.16 is enacted as follows: "Sec. 31.16. PENALTIES FOR OFFENSES PERTAINING TO HISTORIC PRESERVATION DISTRICTS. A violation of any provision of Chapter 31, Historic Preservation Districts, shall be a municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation." 10 t � , j Section Forty-Eight. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Forty-Nine. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 25th day of August , 1998. Jill Ripperger, Ci Clerk Ted Tedesco, Mayor 0499 11