Neighborhood Law School (frequently asked questions and answers)
Q: How do you know if the snow ordinance is in effect?
A: Anytime the snow accumulation reaches two inches on the main City streets (Lincoln Way, Grand Avenue, Duff Avenue and lots of others), be prepared to move your vehicle if you have parked along a snow route! When the snow ordinance is put into effect, it will be posted on the City's website and on TV Channel 12 (Government Access Television) as soon as possible. You may also listen to: KASI - 1430 AM or KCCQ -105.1 FM. We also give this information to the Des Moines TV stations, 5, 8 and 13. When they have time, they include the information in their scrolls.
Once the ordinance has been put into effect, you could receive a ticket or have your car towed if it is parked on a snow route
We don’t want this to happen, so please move your vehicle. If you are towed, you’ll need to contact Elmquist Decker's at 232-6670 to get it back.
During the snow removal process, please don’t park on the snow routes until the snow has stopped falling and the street is plowed from curb to curb.
Q: Who is
responsible for shoveling sidewalks in front of a residence?
A: Walking in a winter wonderland is easier, safer, and a lot
more pleasant if the sidewalk has been cleared. Clearing the
sidewalk of snow and ice is the duty and responsibility of the owner
of the abutting property. This is established by both state law and
City ordinance. The City of Ames ordinance says that you have ten
“daylight hours” after the event that caused the accumulation to
clear the snow from the sidewalk. If you don’t, someone from the
City may hang a notice on your door reminding you to get the job
done, especially if other citizens are calling the City. If you
don’t clear the sidewalk soon after the notice, the City will send
out a crew to do the job, and the cost will appear on your next
property tax bill as a special assessment. More importantly, if
someone is injured by slipping on the ice and falling, you, as the
abutting property owner, will be liable. That could make the effort
of clearing the snow before it got all tramped down and icy look
cheap and easy. So, button up your overcoat, and be a good neighbor.
Get out there and clear away the snow. You will be glad you did.
Q: Can I support a
candidate with a sign in my yard?
A: Many Ames residents like to voice an opinion, support a
candidate, or cheer on the home team with a temporary yard sign.
However, there are rules that address sign placement. When locating
the right spot for your yard signs, please keep in mind:
• Signs should be placed behind the property line and are prohibited
in the Public Right of Way, which is the area located between the
curb and back of the sidewalk. For properties without sidewalks, the
Right of Way width may vary, but is usually the first 14.5 feet
behind the curb in residential neighborhoods.
• Signs should never block the view of on-coming traffic. At each
intersection, there is a 20-foot by 20-foot “visibility triangle”,
which is measured along the property line. Items within the
visibility triangle must be less than 36 inches above the street
gutter.
• Temporary signs may not be displayed for more than 90 consecutive
days without removal or replacement.
The sign ordinance is in the City of Ames Municipal Code, Chapter 5,
Division 7.
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 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.
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).