HomeMy WebLinkAbout~Master - Second or Subsequent Offenses ORDINANCE NO. 4023
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY ENACTING A NEW SECTION 17.35 THEREOF,FOR
THE PURPOSE OF DETERMINING IF A VIOLATION CHARGED IS A
SECOND OR SUBSEQUENT OFFENSE; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; 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
enacting a new Section 17.35 as follows:
"Sec. 17.35. SECOND OR SUBSEQUENT OFFENSES.
In determining if a violation charged is a second or subsequent offense for purposes of sentencing under this chapter:
(1) Deferred judgments entered pursuant to Section 907.3 for violations of any offense listed in this chapter
shall be counted as previous offenses.
(2) Convictions or the equivalent of deferred judgments for violations in any other municipality,county,
or state under statutes or ordinances substantially corresponding to those offenses contained in this chapter shall be
counted as previous offenses.
(3) The courts shall judicially notice the statutes or ordinances of other municipalities,counties or states
which define offenses substantially equivalent to the ones defined in this chapter and can therefore be considered
corresponding statutes.
(4) Each previous violation on which conviction or deferral of judgment was entered prior to the date of
the violation charged shall be considered and counted as a separate previous offense."
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 All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of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 23`d day of February , 2010 .
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Diane R.Voss,City Clerk Ann H. Campbell,Mayor