Neighborhood Law School (frequently asked questions and answers)
Q: I am thinking about building a swimming pool in my backyard. Is there a law that says I have to have a fence around the pool?
A: Yes, every outdoor swimming pool must have a fence or wall enclosing it. According to the Ames Municipal Code, all new swimming pools must be completely surrounded by a fence or wall not less than four feet in height. This law also applies to existing swimming pools which have a depth of 24 inches or more of water, which impacts many inflatable/plastic pools.
In addition to the fence or wall, any gate or door that is a part of the enclosure must be equipped with a self-closing and self-latching device so that the door will remain closed when not in use.
Not putting up a fence is a costly error. A violation of these provisions is a municipal infraction. The first violation is $500, and each repeat violation is $750. Adding a fence may cost a bit extra, but following the swimming pool fence law can help both pool owners and users have a safe and fun summer!
Q: I’m thinking of putting a fence around my property. I’m looking at a lot of different styles and heights. When I install my fence, what do I need to know?
A: "Good fences make good neighbors," said the poet Robert Frost.
Maybe so, but fences also make for some good questions. One of the
most frequent questions concerns set backs – the distance the fence
must be from the property line. Must a fence be set back a certain
distance from the neighbor’s property? The answer is no. Set back
requirements for structures of any kind are established by the "Zone
Development Tables" for each of the various zoning districts. Those
regulations state set back requirements for buildings, but not for
fences.
Another concern is aesthetics. Is there a rule that requires the
"nice" side of a board fence to face outward? The answer to that is
also no.
However, there are rules about the height of fences that relate to
the location of the fence. In most situations those rules are
simple. In the front yard the height limit is four feet. In the
required side and rear set backs for the house, the height limit for
a fence is six feet; but, if you have a side yard or rear yard that
is more than the required set back, then the fence or part of a
fence that is not in the required set back can be as much as eight
feet high. Those are the simple rules. There are also some
complicated rules. If you want to put a fence across the back of
what is called a "through lot", (a lot that fronts on one street and
backs up to another) or if you have a corner lot and want to put a
fence across the side yard that abuts on the street, the rules are
complicated. In those situations a visit to the City's Department of
Planning and Housing for consultation is recommended.
Q: I’ve noticed that as the days get longer, there are more and more construction projects starting even earlier in the morning. Sometimes the noise is so loud it wakes me up. Is the legal?
A: Yes, it is legal. Generally, the City does regulate the amount of noise permitted within city limits. Pursuant to a municipal ordinance found in Chapter 16 of the Ames Municipal Code, the loudness permitted varies by time of day and characteristic of neighborhood. For example, in residential neighborhoods the permitted level is 60 decibels between 7 a.m. and midnight, and 55 decibels between midnight and 7 a.m. In most instances, the type of noise doesn’t matter. Whether the noise is music, vehicle noise, or even voices - any noise that exceeds the permitted level could subject the person responsible to a citation. However, the ordinance does provide a few exceptions. The noise limits do not apply to emergency work or emergency vehicles, or to activities that have been granted a noise permit allowing the level to be exceeded for temporary activities, like parades or fireworks. Also excepted are nonprofessional athletic contests and all construction work. It is the last exception that would make the early-rising construction workers’ activities lawful.
Q: Now that the
weather is warmer, I’m exercising outside more often. Some of the
sidewalks I jog along are cracked and in poor condition. I don’t
want to run in the street, what can I do?
A: Maintaining sidewalks is the responsibility of the abutting
property owner. Just as property owners must clear the sidewalks of
snow and ice in the winter, sidewalks must be properly maintained in
warmer weather as well. Along with keeping sidewalks free from
overgrowth, leaves, and debris, sidewalks with large cracks, holes,
and buckled portions must be repaired or replaced. The City of Ames
Public Works Department is responsible for the Sidewalk Safety
Program. The program is complaint-driven, which means City employees
will assess a sidewalk if someone notifies them of a problem. During
the sidewalk evaluation any defects are marked and measured. If the
sidewalk is in violation of the program, the property owner is
notified. For more information or to report a sidewalk in question,
contact the Public Works Department at (515) 239-5342.
Q: My neighbor’s
tree hangs over my driveway, dropping leaves and branches on my car.
Is there a law that says my neighbor must keep the tree trimmed
back? Can I trim the tree back since it’s hanging on my property?
A: There is no City ordinance on this subject because in mature
neighborhoods each lot may have large trees that overhang two or
more adjoining lots and visa versa. An attempt to have a standard
enforced by the City could easily entangle the local government in a
vexing web of unintended consequences. However, a wide variety of
disputes concerning encroaching tree limbs have been presented to
the courts over the years. Under the resulting common law, when
overhanging branches drop leaves and twigs that are not toxic or
otherwise inherently injurious, the adjoining lot owner has no basis
for legal action against the tree owner. The court’s view is that
any other stance would risk making the tree owner liable for natural
processes. That judicial policy extends also to tree roots that
enter and clog sewer lines. The courts do, however, permit what is
called a “self-help remedy”. In that regard, an Iowa Supreme Court
decision gives you the right to cut back the offending tree limbs to
the property line. Be careful though. Section 658.4 Code of Iowa
states that for “willfully injuring” any tree or shrub on the land
of another, the perpetrator shall pay triple damages if sued by the
tree owner. If limbs are cut back too far, or in a way that a jury
might find to be “injuring” the tree, liability could be the result.
For details, see: 65 ALR4th 603, Sec. 658.4 Iowa Code, and Harndon
v. Stultz, 100 N.W. 329 (Iowa 1904).
Q: I’ve noticed many cats around our neighborhood. It seems as though they’re let out the door and left to roam. We noticed a Siamese cat that we once caught and brought to the Animal Shelter because we thought it was lost, but we still see it around. This seems dangerous for the cats, and it disturbs the birds in our neighborhood who are nesting. Is there a leash law for cats as well as dogs?
A: Yes, there is a “leash law” for cats. The Ames Municipal Code
requires that cats - just like dogs - be restrained by their owners
and kept from running at large. It is unlawful for animal owners to
allow their pets to roam the neighborhoods and parks. Unless they
are on their owners property or that of a neighbor who has given
permission, both cats and dogs must be restrained by an appropriate
leash.
Violations of the Animals at Large ordinance are municipal
infractions punishable by fines of $50. Second and third offenses
result in $100 fines, after which additional violations can result
in fines as high as $750! In addition, cats and dogs that are
roaming at large in Ames are impounded by animal control officers.
The first time a cat or dog is impounded, the owner must pay $25.00
for the animal’s release. After the first time, the impound fee is
raised to $30.00.
What should you do if you see an animal at large in your yard?
Contact the pet’s owner or call the Ames Animal Control office. Do
not try to trap a cat or dog unless you have first contacted the
Animal Control office and received written permission to use a
humane live box trap.