HomeMy WebLinkAboutA002 - Memo to Mayor and Council dated October 9, 2012 Memo
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TO: Mayor and City Council
FROM: Kristine Stone, Assistant City Attorney
RE: Public Urination ordinance amendment— Section 11.4
DATE: October 9, 2012
The Ames Municipal Code specifies that a public urination violation is punishable as a
"misdemeanor". See Sec. 11.4. However, Chapter 11, which is the Health and Sanitation
chapter, contains a general penalty provision which states that any violation of the chapter may
be charged as either a municipal infraction or as a simple misdemeanor. These two code sections
are therefore in conflict with one another.
The police department has requested that Section 11.4 be amended to remove the misdemeanor
requirement. This will allow officers to charge a public urination violation as either a municipal
infraction or as a criminal charge,which will give the officers more flexibility when writing
citations. This will also be more consistent with the other provisions contained within Chapter
11. The police department is therefore requesting that the attached ordinance be passed.