HomeMy WebLinkAboutA001 - Cover letter with proposed ordinance 30
City Attorney's Office
Caring People 515 Clark Avenue,P.O.Box 811
Qaality Programs Ames,IA 50010
Exceptional Service Phone: 515-239-5146 • Fax: 515-239-5142
May 13, 2004 nM
The Honorable Ted Tedesco, Mayor, 3 20�4
and Members of the City Council T CLL;3Kof the City of Ames, Iowa F AMS, =
Re: Nuisance Party Regulations - Suggested Revision
Dear Mayor Tedesco and Council Members:
Under Subsection 17.30(3) of the Municipal Code of Ames,persons attending a nuisance party at a
place other than their domicile are required to leave the premises immediately when ordered to do so
by"... the Chief of Police of the City of Ames or the Chief s designee...". This provision has become
a measure that is routinely invoked by Ames police officers since its enactment in February of 1998.
Recently we had our first experience with an actual trial of an individual who allegedly did not leave
the premises when ordered by an officer to do so. The prosecution failed because evidence was not
presented to prove that the officer was "the Chief s designee". It is my understanding that the Chief
subsequently issued a written order to designate all Ames police officers as his designee for this
purpose.
When I drew up the ordinance, I perceived breaking up a party as an event that warranted specific
control from the command staff. It did not occur to me then that orders to disperse a party would
become a routine occurrence in a patrol officer's duties.
The attached ordinance revises the ordinance to delete the reference to the Chief and substitute"any
officer of the Ames Police Department".
This is to request enactment of the amending ordinance.
Yours truly,
John R. Klaus
City Attorney
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Enclosure
c: Chief of Police
City Manager