HomeMy WebLinkAboutA002 - Letter to Herman Quirmbach from City Attorney, City penalties - City Attorney's Office
515 Clark Avenue,P.O.Box 811
Coring People Ames,IA 50010
Qualify Programs Phone: 515-239-5146 •Fax: 515-239-5142
Fueplioual.Service
August 16,2000
Herman Quirmbach t R
1002 Jarret Circle r AUG G 2�0 `
Ames, Iowa 50014
CITY CLERK
Re: Penalties CITY OF AMES,101NA
Dear Mr. Quirmbach:
This is in response to your request for information relative to penalties for violation of the Municipal Code
of Ames. The request relates to whether the Council should amend the Municipal Code to provide that the
maximum fine for violations prosecuted as misdemeanors will be$500.00. The current maximum penalty
for a misdemeanor is$200.
The District Associate Court reports that with respect to simple misdemeanors filed as state law violations,
fines of more than$200 have been assessed in no more than four or five cases, ever, and those fines were
for$250.00. A fine in the amount of$500 for a simple misdemeanor has not yet occurred. As you know,
a non-criminal municipal infraction penalty of$500 is now the minimum for violations of zoning and
building codes.
Attached is a list of offenses that are currently chargeable as misdemeanors. Some may be charged by a
peace officer as either a criminal misdemeanor or as a non-criminal municipal infraction. For those offenses
for which a municipal infraction is an alternative to a misdemeanor charge, the amount of the municipal
infraction penalty is stated.
Over the past three years the non-traffic violations charged as misdemeanors and those as civil infraction are:
Misdemeanors Infractions
1997 1710 119
1998 1382 138
1999 1003 371
2000 throu h Jul 413 246
There are no local data to support any conclusion as to the deterrent effect of higher fines for misdemeanors.
Yours truly,
John R.Klaus
City Attorney
Encl.
MISDEMEANORS
Violation Municipal Infraction
Alternative Penalty
Bicycle Violation $50 first offense,$100 subsequent offenses
Health and Sanitation $50 first offense,$100 subsequent offenses
Noise $50 first offense,$100 subsequent offenses
Assault None
Harassment None
Theft in the Fifth Degree None
Trespass None
Cruelty to Animals None
Harassment of Public Officers and Employees None
False Reports to Law Enforcement Authorities None
Refusing to Assist Officer None
Fraudulent Practice in the Fifth Degree None
Use of False Process or Records None
Unlawful Assembly None
Failure to Disperse None
Disorderly Conduct None
Interference with Official Acts None
Unauthorized Access to Computer None
Computer Damage in the Fifth Degree None
Abandonment of Cats and Dogs None
Possession Under legal Age None
Discharging Airguns,Bows,Slingshots $50 first offense,$100 subsequent offenses
Weapons Permit Required $50 first offense,$100 subsequent offenses
Fireworks $50 first offense,$100 subsequent offenses
Defacing Notices $50 first offense,$100 subsequent offenses
Depositing Gum,Tobacco $50 first offense,$100 subsequent offenses
Depositing Paper on Streets,in Vehicles $50 first offense,$100 subsequent offenses
Discharge of Firearms $50 first offense,$100 subsequent offenses
Interfering with Grade Stakes, Other Monuments $50 first offense,$100 subsequent offenses
Interfering with Hydrants $50 first offense,$100 subsequent offenses
Violation Municipal Infraction
Alternative Penalty
Minors Prohibited on Certain Premises $100 first offense,$200 subsequent offenses
Consumption in Public Places $100 first offense, $200 subsequent offenses
Beer and Liquor Sales by and to Young Persons $5 0 first offense, $100 subsequent offenses
Indirect Sale of Alcoholic Beverages $50 first offense, $100 subsequent offenses
Intoxication in a Public Place None
Removing Danger Signals,Barricades $50 first offense,$100 subsequent offenses
Pawnbroker Regulations $50 first offense, $100 subsequent offenses
Peddlers, Solicitors,&Transient Merchants $100 first offense, $200 subsequent offenses
Beer Keg Party Regulations $50 first offense, $100 subsequent offenses
Skateboards Prohibited in Certain Locations $50 first offense,$100 subsequent offenses
Snowmobiles Restricted $50 first offense, $100 subsequent offenses
Nuisance Party $100 first offense,$200 subsequent offenses
Touching of Certain Entertainers $50 first offense,$100 subsequent offenses
Prevention of Consumption by Underage Persons at Parties $100 first offense,$200 subsequent offenses
Cable Television Regulations None
Traffic Violations None