HomeMy WebLinkAboutA001 - Cover letter for proposed ordinance - City Attorney's Office
515 Clark Avenue,P. O.Box 811
Caring People Ames IA 50010
Quality Programs
Eueptional Service Phone: 515-239-5146 • Fax: 515-239-5142
June 7, 2007
The Honorable Ann H. Campbell, Mayor
and Members of the City Council
of The City of Ames, Iowa
Re: Proposed Ordinance Changing Presumption to Inference in Parking Infractions
Dear Mayor Campbell and Council Members:
Section 18.8 of the Ames Municipal Code establishes a presumption that the registered owner of a
vehicle is responsible for vehicles parked in violation of the regulations of the City. This ordinance
was enacted in 1977. Since that time,both state and federal court decisions have held presumptions
such as the one in the City of Ames parking regulation to be unconstitutional since they can be
interpreted as shifting the burden of proof to defendants. See, e.g., State v.Winders,359 N.W.2d 417
(Iowa 1984); Rose v. Clark, 478 U.S. 570 (1986).
This proposed ordinance changes the presumption to a permissive inference in order to make the City
parking regulations comply with state and federal constitutional standards. It is requested that the
Council waive the three passages rule in order to expedite the publication and implementation of this
corrective amendment.
Yours truly,
C't"
Doug as R. Marek
City Attorney
c. Diane Voss
Encl.