HomeMy WebLinkAbout~Master - Allowing Maximum Statutory Penalty for Misdemeanor Charges ORDINANCE NO. 3551
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTIONS 1.6, 4.18(2), 11.7(2), 16.9(2),
17.1(2), 17.2(2), 17.4(3), 17.6(4), 17.8(3), 17.9(3), 17.10(3), 17.11(3), 17.14(3),
17.15(3),17.16(4),17.17(3),17.18.1, 17.19, 17.20, 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(2), 11.7(2), 16.9(2), 17.1(2), 17.2(2),
17.4(3),17.6(4),17.8(3), 17.9(3), 17.10(3), 17.11(3), 17.14(3), 17.15(3), 17.16(4),
17.17(3),17.18.1,17.19,17.20,17.25(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; 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(2), 11.7(2), 16.9(2),17.1(2), 17.2(2), 17.4(3), 17.6(4), 17.8(3), 17.9(3), 17.10(3), 17.11(3), 17.14(3),
17.15(3), 17.16(4), 17.17(3), 17.18.1, 17.19, 17.20, 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(2), 11.7(2), 16.9(2), 17.1(2), 17.2(2),
17.4(3), 17.6(4), 17.8(3), 17.9(3), 17.10(3), 17.11(3), 17.14(3), 17.15(3), 17.16(4), 17.17(3), 17.18.1, 17.19, 17.20,
17.25(7), 17.26(15), 17.27(10), 1728(3), 17.29(2), 17.30(4), 17.31(4),and 17.32(4)as follows:
"Sec. 1.6. MISDEMEANOR 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.
(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.
(2) Alternatively,a violation of any provision of Chapter 11,Health and Sanitation,can
be charged by a peace officer of the City as a simple misdemeanor."
Sec. 16.9. PENALTIES FOR OFFENSES PERTAINING TO NOISE CONTROL.
(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.
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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.
(2) Alternatively,a violation of this section can be charged by a peace officer of the City
as a simple misdemeanor.
Sec. 17.4. WEAPONS PERMIT REQUIRED.
(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$50.00 for a person's first violation and
$100.00 for each repeat violation. Alternatively, a violation of this section can be charged by a peace
officer of the City as a simple misdemeanor.
Sec. 17.8. DEFACING NOTICES.
(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.
(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.
(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.
(3) Alternatively,a violation of this section can be charged by a peace officer of the city
as a simple misdemeanor.
Sec. 17.14.INTERFERING WITH GRADE STAKES,OTHER MONUMENTS.
(3) Alternatively,a violation of this section can be charged by a peace officer of the City
as a simple misdemeanor.
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Sec. 17.15. INTERFERING WITH HYDRANTS.
(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$50.00 for a person's
first violation thereof and$100.00 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.
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
$50.00 for a person's first violation thereof and $100.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace office of the City as a simple misdemeanor.
Sec. 17.25. PRECIOUS METALS,PAWNBROKERS,ITINERANT DEALERS.
(7) Violation of this section shall be a municipal infraction punishable by a penalty of
$50.00 for a person's first violation thereof and $100.00 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.
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Sec. 17.27. BEER KEG PARTY REGULATIONS.
(10) Violation of this section shall be a municipal infraction punishable by a penalty of
$50.00 for a person's first violation thereof and $100.00 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
$50.00 for a person's first violation thereof and $100.00 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
$50.00 for a person's first violation thereof and $100.00 for each repeat violation. Alternatively,
violation of this section can be charged by a peace officer of the City as a simple misdemeanor.
Sec. 17.30. 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
$50.00 for a person's first violation thereof and $100.00 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 fall force and effect from and after its passage and publication as required
by law.
Passed this 7th day of March,2000.
Diane R. Voss,City Clerk Ted Tedesco,Mayor
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