HomeMy WebLinkAboutA001 - Council Action Form dated February 24, 2015 ITEM # 43
DATE: 02-24-15
COUNCIL ACTION FORM
SUBJECT: REVISIONS TO CITY LITTERING ORDINANCE
BACKGROUND:
Efforts to maintain the appearance of the Ames community occasionally rely on
enforcement actions to deter littering. In September 2014, the City Council received a staff
report outlining gaps in the current littering ordinance. Council then directed staff to prepare
a revision to the ordinance. This revision was to address types of discarded materials and
common types of locations where this problem exists within the community.
Iowa Code Section 321.369 prohibits putting debris on a highway. While the specific
description of debris is comprehensive in that it includes glass bottles, glass, nails, tacks,
wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, the fact that it is limited
to the highway means that sidewalks and parks are not covered.
Municipal Code Section 17.10 currently prohibits depositing paper, cards, advertisement,
handbills and similar items. Property covered by this ordinance includes streets, alleys or
other public places.
The proposed ordinance addresses behaviors and locations not covered by the Iowa Code.
For example, under the proposed revision, officers could cite an individual who throws a
bottle onto a sidewalk. Nearly any non-paper material deposited on the sidewalk, on the
grounds of public buildings, or in the parks would now be covered by the revised ordinance,
in addition to the previously prohibited paper items.
Another aspect of this problem occurs when yard waste and other plant materials are
intentionally moved to or deposited in the street or on other public property. The proposed
ordinance would more clearly prohibit depositing yard waste on other public properties.
The proposed ordinance was developed after reviewing issues identified by City staff, and
incorporates language from state law and model ordinances
Under the proposed ordinance, littering in violation of Municipal Code can be charged as a
simple misdemeanor, or as a municipal infraction with a civil penalty of $100 for a first
offense and $200 for a subsequent offense. This is an increase from the current penalties
of $50 for the first offense and $100 for second and subsequent offenses. The existing
penalty was established at least fifteen years ago. Raising the fine will assist with
deterrence, and will be equivalent to the penalty for similar offenses, such as hosting a
nuisance party.
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ALTERNATIVES:
1. Approve the attached ordinance revising Section 17.10 of the Municipal Code —
Depositing Debris on Public or Private Property, in Vehicles.
2. Do not approve the attached ordinance revising the Municipal Code as it relates to
littering.
MANAGER'S RECOMMENDED ACTION:
The City Council had requested revisions to Municipal Code Section 17.10 based on a staff
report highlighting limitations to the current law and difficulties in prosecution. After
reviewing model ordinances and previous cases, a number of changes were made to
address littering on both public and private property.
Based on the need for a basic prohibition against littering, it is the recommendation of the
City Manager that the City Council adopt Alternative No. 1, thereby approving the attached
ordinance revising Section 17.10 of the Municipal Code — Depositing Debris on Public or
Private Property, in Vehicles.
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