HomeMy WebLinkAboutA002 - Letter from Legal Department dated September 20, 2012 t o�0
Memo
CanngPeople Legal Department
Quality Program
Exceptional Service
TO: Mayor and City Council
FROM: Kristine Stone,Assistant City Attorney
RE: Cruelty to Animals 17.1(1)(f)
DATE: September 20, 2012
The Ames Municipal Code currently states that Cruelty to Animals is a public offense
against the City of Ames and that it shall be charged as a simple misdemeanor. See 17.1(1)(f).
The City Code adopts the State Code violation by reference. Iowa Code Section 380.10(2)(a)(2)
states that a city may adopt a code by reference"only if the criminal penalty provided by the law
adopted does not exceed the maximum fine and term of imprisonment for a simple
misdemeanor." Currently, the Municipal Code references Iowa Code 71713.2, Animal Abuse,
which is defined as an auuravated misdemeanor. We are prohibited from adopting by reference
any Iowa Code violations that are greater than a simple misdemeanor. It is likely that the State
Code was amended at some time and 71713.2 changed from a simple misdemeanor to an
aggravated misdemeanor. Our Code should now be amended to reflect the changes that have
been made to the Iowa Code.
Iowa Code Section 71713.3, Animal Neglect, is a simple misdemeanor and prohibits a
person from failing to provide sufficient food or water to an animal, torturing an animal, or
mutilating, beating or killing any animal "by any means which causes unjustified pain, distress,
or suffering." The Animal Control Department is requesting that Ames Municipal Code Section
17.1(1)(f) be amended to refer to 71713.3, rather than 71713.2, so that the City can continue to
prosecute cases of animal neglect and cruelty.
An ordinance is attached for your consideration and approval.