HomeMy WebLinkAboutA001 - Letter from City Attorney to Council requesting increased penalties in lines with Code of Iowa - City Attorney's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames,IA 50010
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January 31, 2000
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The Honorable Ted Tedesco, Mayor t JAN 3 1 2V
And Members of the Ames City Council
CITY CLERK
Re: Fine Amounts CITY OF AMES,IOWA
Dear Mayor Tedesco and Council Members:
The 1999 session of the General Assembly amended Section 364.3(2)Code of Iowa to increase from
$100 to $200 the minimum amount that a city can provide as a"penalty" for an ordinance violation
if the violation is charged as a misdemeanor. If the violation is charged as a"municipal infraction",
Section 364.22 Code of Iowa provides a maximum"civil penalty" of$500 for the first offense and
$750 for each repeat violation.
The Ames Municipal Code has numerous references to $100 as the maximum fine for violations that
are charged as a misdemeanor. It is my recommendation that those references be removed from the
Municipal Code so that the court can assess the maximum penalty of$200 when it is deemed
appropriate to do so.
When the civil penalties for municipal infractions were revised in 1998,the Police Department asked
to have the penalty for some violations they dealt with set at$50 for a first offense and$100 for each
repeat violations. It is now asked that the civil penalty for those municipal infractions be set at$100
for a first offense and $200 for each repeat violation.
The attached ordinances makes those adjustments.
Yours truly,
John R. Klaus
City Attorney
cc Dennis Ballantine
CL
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY REPEALING SECTIONS 1.6, 4.18, 11.7, 16.9, 17.1(2), 17.2,
17.3(2), 17.4, 17.6(4), 17.8, 17.9, 17.10, 17.11, 17.12, 17.13, 17.14, 17.15,
17.16(4), 17.17(3), 17.18.1, 17.19, 17.20, 17.21(5), 17.22(5), 17.23(3), 17.25(7),
17.26(15), 17.27(10), 17.28(3), 17.29(2), 17.30(4), 17.31(4), and 17.32(4) AS
THEY NOW EXIST AND ENACTING NEW SECTIONS 1.6, 4.18, 11.7, 16.9,
17.1(2), 17.2, 17.3(2), 17.4, 17.6(4), 17.8, 17.9, 17.10, 17.11, 17.12, 17.13, 17.14,
17.15, 17.16(4), 17.17(3), 17.18.1, 17.19, 17.20, 17.21(5), 17.22(5), 17.23(3),
17.25(7), 17.26(15), 17.27(10), 17.28(3), 17.29(2), 17.30(4), 17.31(4), and
17.32(4)FOR THE PURPOSE OF ALLOWING THE MAXIMUM STATUTORY
PENALTY WHEN CERTAIN VIOLATIONS ARE CHARGED AS A
MISDEMEANOR; REVISING THE CIVIL PENALTY PROVIDED FOR
CERTAIN MUNICIPAL INFRACTIONS; 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 Sections 1.6,4.18, 11.7, 16.9, 17.1(2), 17.2, 17.3(2), 17.4, 17.6(4), 17.8, 17.9, 17.10, 17.11, 17.12, 17.13,
17.14, 17.15, 17.16(4), 17.17(3), 17.18.1, 17.19, 17.20, 17.21(5), 17.22(5), 17.23(3), 17.25(7), 17.26(15), 17.27(10),
17.28(3), 17.29(2), 17.30(4), 17.31(4),and 17.32(4)as they now exist and enacting new Sections 1.6, 4.18, 11.7, 16.9,
17.1(2), 17.2, 17.3(2), 17.4, 17.6(4), 17.8, 17.9, 17.10, 17.11, 17.12, 17.13, 17.14(3), 17.15(3), 17.16(4), 17.17(3),
17.18.1, 17.19, 17.20, 17.21(5), 17.22(5), 17.23(3), 17.25(7), 17.26(15), 17.27(10), 17.28(3), 17.29(2), 17.30(4),
1731(4),and 17.32(4)as follows:
"Sec.1.6. NHSDEMEANOR PENALTY.
Where it is provided in this Code that a violation is or can be charged as a misdemeanor,the
penalty shall be a fine not to exceed two hundred dollars,or imprisonment not to exceed thirty days.
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$100.00 for a person's first violation thereof,and a penalty of$200.00 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.
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$100.00 for a person's first violation and$200.00 for
each repeat violation.
(2) Alternatively,a violation of any provision of Chapter 11,Health and Sanitation,an
be charged by a peace officer of the City as a simple misdemeanor."
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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$100.00 for a person's first violation and $200.00 for each
repeat violation.
(2) Alternatively, a violation of any provision of Chapter 16,Noise Control, can be
charged by a peace office of the City as a simple misdemeanor.
Sec. 17.1. OFFENSES;CERTAIN PUBLIC OFFENSES TO BE OFFENSES AGAINST
THE CITY.
(2) Violation of any provision of this Section shall be a simple misdemeanor.
Sec. 17.2. AIRGUNS,BOWS,SLINGSHOTS;DISCHARGING.
(1) Any person who discharges any projectile or missile from 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$100.00 for a person's first violation and$200.00 for each repeat violation.
(2) Alternatively, a violation of this section can be charged by a peace officer of the
City as a simple misdemeanor.
Sec. 17.3. ANTENNAE,RADIO WIRES.
(2) Violation of this Section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation and$200.00 for each repeat violation.
Sec. 17.4. WEAPONS PERMIT REQUIRED.
(1) A person armed 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 inspect 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$100.00 for a person's first violation and $200.00 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.
Sec.17.6. FIREWORKS,USE REGULATED.
(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$100.00 for a person's first
violation and $200.00 for each repeat violation. Alternatively, a violation of this section can be
charged by a peace office of the City as a simple misdemeanor.
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.
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(2) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation and$200.00 for each repeal violation.
(3) Alternatively,a violation of this section can be charged by a peace officer of the
city as a simple misdemeanor.
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
$100.00 for a person's first violation and$200.00 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.
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
$100.00 for a person's first violation and$200.00 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.
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$100.00 for a person's first violation and$200.00 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.
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$100.00 for a
person's first violation and$200.00 for each repeat violation.
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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$100.00 for a person's first violation and$200.00 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.
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
$100.00 for a person's first violation and$200.00 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.
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
$100.00 for a person's first violation and$200.00 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.
Sec. 17.16. MINORS PROHIBITED ON CERTAIN PREMISES..
(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.
Sec.17.17. CONSUMPTION IN PUBLIC PLACES.
(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 officer of the City as a simple misdemeanor.
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$100.00 for a
person's first violation thereof and$200.00 for each repeat violation. Alternatively,violation of this
section can be charged by a peace office of the City as a simple misdemeanor.
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.
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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$100.00 for a person's first violation thereof and$200.00 for each repeat
violation. Alternatively,violation of this section can be charged by a peace office of the City as a
simple misdemeanor.
Sec. 17.21. AIR TRAFFIC RULES TO BE OBSERVED.
(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$100.00 for a person's first violation
thereof and$200.00 for each repeat violation.
Sec.17.22. MINIMUM ALTITUDES.
(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$100.00 for a person's first violation
thereof and$200.00 for each repeat violation.
Sec.17.23. DOPE PARAPHERNALIA.
(3) Violation of the provisions of this section with respect to drug paraphernalia shall
be a municipal infraction punishable by a penalty of$100.00 for a person's first violation and$200.00
for each repeat violation.
Sec.17.25. PRECIOUS METALS,PAWNBROKERS,ITINERANT DEALERS.
(7) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation thereof and$200.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
Sec. 17.26. PEDDLER,SOLICITORS,AND TRANSIENT MERCHANTS.
(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 officer of the City as a simple misdemeanor.
Sec.17.27. BEER KEG PARTY REGULATIONS.
(10) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation thereof and$200.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
Sec.17.28. SKATEBOARDS PROHIBITED IN CERTAIN LOCATIONS,WAIVER.
(3) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation thereof and$200.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
Sec.17.29. SNOWMOBILES RESTRICTED.
(2) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation thereof and$200.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
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Sec. 17.30. NUISANCE PARTY REGULATIONS.
(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 officer of the City as a simple misdemeanor.
Sec.17.31. TOUCHING OF CERTAIN ENTERTAINERS REGULATED.
(4) Violation of this section shall be a municipal infraction punishable by a penalty of
$100.00 for a person's first violation thereof and$200.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
Sec. 17.32. PREVENTION OF CONSUMPTION OF ALCOHOLIC BEVERAGES BY
UNDERAGE PERSONS AT PARTIES.
(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 officer of the City as a simple misdemeanor."
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable
as set out by law.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of ,2000.
Diane R.Voss,City Clerk Ted Tedesco,Mayor
0557
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