HomeMy WebLinkAbout~Master - Striking references to Board of Health in Municipal Code Chapter 11 (Health and Sanitation) ORDINANCE NO. 4140
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, CHAPTER 11, HEALTH AND
SANITATION, BY STRIKING ALL REFERENCES TO THE
BOARD OF HEALTH AND RENUMBERING THE REMAINING
SECTIONS IN THE CHAPTER
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 repealing Section 11.5 in its entirety and replacing it with the following Section 11.5:
"Sec. 11.5. PENALTIES FOR OFFENSES PERTAINING TO HEALTH AND SANITATION.
(1) A violation of any provision of Chapter 11, Health and Sanitation, shall be a municipal
infraction punishable by a penalty of$50 for a person's first violation and$100 for each repeat violation.
(2) Alternatively, a violation of any provision of Chapter 11, Health and Sanitation, can be
charged by a peace officer of the city as a simple misdemeanor.
(Ord.No. 2523,Sec. 2, 8-5-75;Ord.No. 3497,Sec. 9, 8-25-98;Ord.No. 3551, 3-7-00) [State Law Ref.Iowa
Code Sec. 137.21]"
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Section 11.6 in its entirety and replacing it with the following Section 11.6:
"Sec. 11.6. BURIAL OF HUMAN BODIES OUTSIDE CEMETERIES.
Burial of human bodies outside legally established cemeteries is prohibited.
(Ord. No. 3027, Sec. 1, 11-22-88)"
Section Three. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Section 11.7 and replacing it with the following Section 11.7:
"Sec. 11.7. HAZARDOUS MATERIALS CLEAN UP.
(1) Definitions. For the purpose of this section these words and phrases have the following
meanings:
(a) Hazardous waste means any substance as defined in section 45513.411,subsection
3,paragraph a, Code of Iowa, and the rules of the Iowa Department of Natural Resources.
(b) Hazardous substance means any substance as defined in section 45513.381,
subsection 5, of the 1993 Code of Iowa.
(c) Hazardous conditions means the same as set out in section 45513.381, subsection
4, of the 1993 Code of Iowa.
(d) Persons having control over a hazardous substance means the same as set out in
section 45513.381, subsection 7, of the 1993 Code of Iowa.
(e) Clean up means the same as set out in section 45513.381,subsection 1,of the 1993
Code of Iowa.
(f) Treatment means a method, technique, or process, including neutralization,
designed to change the physical,chemical or biological character or composition of a hazardous substance
so as to neutralize it or to render the substance non-hazardous,safe for, transport, amendable for recovery,
amendable for storage,or to reduce it in volume. Treatment includes any activity or processing designed to
change the physical form or chemical composition of hazardous substance to render it non-hazardous.
(2) Clean Up Required. Whenever a hazardous condition is created by the deposit,injection,
dumping,spilling,leaking or placing of a hazardous waste or substance, so that the hazardous substance or
waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the
air or discharged into any waters, including ground waters, the person having control over a hazardous
substance shall cause the condition to be remedied by a clean up, as defined in the proceeding section, as
rapid;y as feasible to an acceptable,safe condition. The cost of clean up shall be borne by the person having
control over a hazardous substance. If the person having control over a hazardous substance does not cause
the clean up to begin in a reasonable time in relation to the hazard and circumstances of the incident,the City
may proceed to procure clean up services and bill the person having control over a hazardous substance. If
the bill for those services is not paid within thirty(30)days the City shall proceed to obtain payment by all
legal means it deems reasonable and appropriate.
(3) Notification. The City employee leading the response to a hazardous materials spill shall
notify the Story County Sheriff as soon as possible.
(Ord. No. 3271, Sec. 1, 4-26-94)"
Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Section 11.8 and replacing it with the following Section 11.8:
"SEC. 11.8. OUTDOOR STORAGE OF HOUSEHOLD APPLIANCES AND FIXTURES.
Any person who abandons or otherwise leaves unattended any refrigerator,icebox,washing machine,
dishwasher, kitchen range, clothes dryer, freezer, commode,urinal, bathroom sink, kitchen sink, or other
large household appliance, bathroom fixture, kitchen fixture, or similar container, outside of buildings,or
any person who allows such refrigerator,icebox,washing machine,dishwasher,kitchen range,clothes dryer,
freezer, commode, urinal, bathroom sink, kitchen sink, bathroom fixture, kitchen fixture, or other large
household appliance, or similar container, to remain outside of buildings or premises in the person's
possession or control, abandoned or unattended, commits a violation of this section.
(Ord. No. 3486, Sec. 1, 6-9-98)"
Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Sections 11.9, 11.10 and 11.11 in their entirety.
Section Six. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Seven. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to
the extent of such conflict, if any.
Section Eight. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this 26`h day of February, 2013.
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Diane R. Voss, City Clerk H. Campbell,Mayor