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HomeMy WebLinkAbout~Master - Revising Penalty Amounts for On Premise Under Age, Consuming in a Public Place i ORDINANCE NO. 3500 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING SUBSECTION 17.16(4)AND SECTION 17.17 AS THEY NOW EXIST AND ENACTING A NEW SUBSECTION 17.16(4)AND SECTION 17.17 FOR THE PURPOSE OF REVISING THE PENALTY AMOUNTS FOR ON PREMISES UNDER AGE AND CONSUMING IN A PUBLIC PLACE; REPEALING SECTION 17.19 AS IT NOW EXISTS AND ENACTING A NEW SECTION 17.19 FOR THE PURPOSE OF REMOVING THE MUNICIPAL INFRACTION OPTION; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; 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 subsection 17.16(4)as it now exists and enacting a new subsection 17.16(4) as follows: "(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$100 for a person's first violation and $200 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 Two. The Municipal Code of the City of Ames, Iowa shall be and the same 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 $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 Three. The Municipal Code of the City of Ames, Iowa, is hereby amended by repealing Section 17.19 and enacting a new Section 17.19 as follows: "Sec. 17.19. INTOXICATION IN A PUBLIC PLACE. No person shall be intoxicated or simulate intoxication in a public place. Violation of this section is a simple misdemeanor punishable by a fine not to exceed $100 or by imprisonment not to exceed thirty days." Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Five. This ordinance shall be in full force and effect from and after its passage and publication as required by law. passed this 13th day of October 1998. Jill Ripperger, City Clerk Ted Tedesco, Mayor 0509