TITLE III COMMUNITY PROTECTION

CHAPTER 1 OFFENSES

3-1-1 – Violations of Chapter
3-1-2 – Public Peace
3-1-3 – Public Morals
3-1-4 – Streets
3-1-5 – Public Safety and Health
3-1-6 – Public Property

3-1-1 – VIOLATIONS OF CHAPTER.

Commission of any of the acts named in the following sections by any person shall
constitute a violation of this chapter.

3-1-2 – PUBLIC PEACE.

It shall be unlawful for any person to do any of the following:

  1. Engage in fighting or violent behavior or invite or defy another person to fight,
    provided that participants in athletic contests may engage in such conduct which
    is reasonably related to that sport. (Code of Iowa, Sec. 723.4(1))
  2. Make unusually loud or excessive noise which results in the disturbance of the peace
    and the public quiet of a neighborhood. More specifically, loud or excessive noise shall not be permitted after 11:00 PM.(Code of Iowa, Sec. 723.4(2))
  3. Willfully permit upon any premises owned, occupied, possessed or controlled by such
    person any unusually loud or excessive noise in such a manner calculated to provoke
    a breach of the peace of others, or the public quiet of the neighborhood. (Code
    of Iowa, Sec. 723.4(2))
  4. Direct abusive language or make any threatening gesture which the person knows or
    reasonably should know is likely to provoke a violent reaction by another. (Code
    of Iowa, Sec. 723.4(3))
  5. Without lawful authority or order of authority, disturb any lawful assembly or meeting
    of persons by conduct intended to disrupt the meeting or assembly. (Code of Iowa,
    Sec. 723.4(4))
  6. Without authority, obstruct any street, sidewalk, highway or other public way. (Code
    of Iowa, Sec. 723.4(7))
  7. Without authority, solicit contributions, distribute literature, or otherwise peddle
    or sell goods and services within the traveled portion of any roadway. (Code of
    Iowa, Sec. 364. 12(2)(a))

3-1-3 – PUBLIC MORALS.

Indecent exposure. It shall be unlawful for any person to expose such person’s genitals,
pubes, female nipples, or buttocks to another or to urinate or defecate in public or in view of the public.

3-1-4 – STREETS.

  1. Removal of safeguards or danger signals. No person shall willfully remove, tear
    down, destroy, deface, or carry away from any highway, street, alley, avenue or
    bridge any lamp, obstruction, guard or other article or things, or extinguish any
    lamp or other light, erected or placed thereupon for the purpose of guarding or
    enclosing unsafe or dangerous places in said highway, street, alley, avenue or bridge
    without the consent of the person in control thereof. (Code of Iowa, Sec. 716.5)
  2. Obstructing or defacing streets. No person shall obstruct, deface, or injure any
    public road in any manner by breaking up, plowing or digging within the boundary
    lines thereof, without permission from the Mayor. (Code of Iowa, Sec. 716.1)
  3. Allowing water, snow, ice and accumulations on sidewalk. No abutting property owner
    shall allow water from an improperly located eave or drain, or from any roof, to
    fall onto a public sidewalk, or fail to remove snow, ice and accumulations from
    the sidewalks promptly. Upon failure by the abutting property owner to perform the action required under this subsection within a reasonable time, the city may perform the required action and assess the costs against the abutting property.(Code of Iowa, Sec. 364.12(2)(b and e))
  4. Removal of hydrant caps, sewer caps or manhole covers. No person shall remove or
    carry away hydrant caps, sewer caps or manhole covers without the consent of the
    person in control thereof.

3-1-5 – PUBLIC SAFETY AND HEALTH.

  1. Expectorating. No person shall expectorate on the ground orĀ in any
    structure within the City limits. (Code of Iowa, Sec. 364.1)
  2. Putting debris on streets and sidewalks. No person shall throw or deposit
    on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash,
    garbage, rubbish, litter, offal, or any other debris, or any other substance likely
    to injure any person, animal or vehicle. (Code of Iowa, Sec. 321.369)
  3. Carrying a concealed weapon. It shall be unlawful for any person to carry under
    such person’s clothes or concealed about their person or to be found in possession
    of any slingshot, knuckles of metal or other material, air gun, or any other weapon other than a knife unless licensed by the Iowa Department of Public Safety or having in possession a permit from the County Sheriff.
  4. False alarms. No person shall give or cause to be given any false alarm of a fire,
    nor set fire to any combustible material, or cry or sound an alarm or by any other
    means without cause.
  5. Stench bombs. No person shall throw, drop, pour, explode, deposit, release, discharge
    or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance
    or matter of any kind that is injurious to persons or property, or that is nauseous,
    sickening, irritating or offensive to any of the senses in, on or about a theater,
    restaurant, car, structure, place of business, or amusement, or any place of public
    assemblage, or attempt to do any of these acts, or prepare or possess such devices
    or materials with intent to do any of these acts. This provision shall not apply
    to duly constituted police, military authorities, or peace officers in the discharge
    of their duties, or to licensed physicians, nurses, pharmacists and other similar
    persons licensed under the laws of this State; nor to any established place of business
    or home having tear gas installed as a protection against burglary, robbery or holdup,
    nor to any bank or other messenger carrying funds or other valuables.
  6. Discharging firearms and fireworks. (Code of Iowa, Sec. 727.2)
    1. No person, firm, or corporation shall discharge
      or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or
      bum firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like
      construction or any fireworks containing any explosive or inflammable compound,
      or other device containing any explosive.
    2. The City Council may upon application in writing,
      grant a permit for the display and use of fireworks by any organization or groups
      of individuals when such fireworks display will be handled by a competent operator.
    3. The City Council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.
    4. In the interest of public health and safety and at such times as approved by the Chief of Police, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.
    5. Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theatre, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.
  7. Possession of Fireworks.
    1. Definition. The term “fireworks” includes any explosive composition, or combination of explosives, substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation and includes blank cartridges, firecrackers, torpedoes, sky rockets, Roman Candles or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term “fireworks” does not include gold star-producing sparklers on wires that contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed 1/8 inch in diameter, toy snakes that contain no mercury, or caps used in cap pistols.
    2. Exemption. The use of blank cartridges for a show or the theater, or for signal purposes in athletic events, or by railroads or trucks for signal purposes, or by recognized military organizations is exempt from this Subsection.
    3. Prohibition. No person shall possess fireworks except as provided in this Chapter.
  8. Abandoned refrigerators. No person shall place, or allow to be placed, any discarded,
    abandoned, unattended or unused refrigerator, ice box or similar container equipped
    with an air-tight door or lid, snap lock, or other locking device which cannot be
    released from the inside, in a location accessible to children, outside any building,
    dwelling, or within an unoccupied or abandoned building or dwelling, or other structure,
    under such person’s control without first removing the door, lid, snap lock, or
    other locking device from said icebox, refrigerator or similar container. This provision
    applies equally to the owner of any such refrigerator, icebox or similar container,
    and to the owner or occupant of the premises where the hazard is permitted to remain.
    (Code of Iowa, Sec. 727.3)
  9. Impersonating an officer. No person shall falsely represent themself or falsely
    assume to be any law enforcement officer, judge or magistrate. It shall be unlawful
    to wear or adopt the uniform or insignia of any law enforcement officer on any street
    or public place. (Code of Iowa, Sec. 718.2)
  10. Harassment of City Employees.
    1. It shall be unlawful for any person to willfully prevent, resist or obstruct or attempt to prevent, resist or obstruct any City employee from the performance of any official duty.
    2. It shall be unlawful for any person to communicate by any means, any threat of bodily or property harm to any City employee or to any member of his or her family during the course of, or as a result of, the performance of any official duty by said City employee.
  11. Antenna and radio wires. No person shall allow, locate or maintain any antenna wires,
    antenna supports, radio wires or television wires to exist over any street, alley,
    highway, sidewalk or public property. (Code of Iowa, Sec. 364.12(2))
  12. Barbed wire. No person shall install, allow to be installed or use barbed wire without
    the consent of the City Council. (Code of Iowa, Sec. 364.1)
  13. Playing in streets. No person shall coast, sled or play games on streets or highways
    except in areas blocked off by the Chief of Police for such purposes. (Code of Iowa,
    Sec. 364.12)

3-1-6 – PUBLIC PROPERTY.

  1. Defacing public grounds. No person shall cut, break or deface any tree or shrub
    in a public park or on any avenue thereto by willfully defacing, cutting, breaking
    or injuring, except by the authority of the Mayor. (Code of Iowa, Sec. 364.12(2))
  2. Injuring new pavement. No person shall injure new pavement in any street, alley
    or sidewalk by willfully driving, walking or making marks on such pavement before
    it is ready for use. (Code of Iowa, 364.12(2))
  3. Destroying park equipment. No person shall destroy or injure any property or equipment
    in public swimming pools, playgrounds or parks by willfully defacing, breaking,
    damaging, mutilating or cutting. (Code of Iowa, Sec. 364.12(2))
  4. Injury to public library books or property. No person shall willfully, maliciously
    or wantonly tear, deface, mutilate, injure or destroy, in whole or in part, any
    newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging
    to any public library or reading room.
  5. Defacing or destroying proclamations or notices. No person shall intentionally deface,
    obliterate, tear down or destroy in whole or in part any transcript or extract from
    or of any law of the United States or of this State, or any proclamation, advertisement
    or notification, set up at any place within the City by authority of law or by order
    of any court, during the time for which the same is to remain set up. (Code of Iowa,
    Sec. 716.1)
  6. Injury to gravestones or property in cemetery. No person shall willfully and maliciously
    destroy, mutilate, deface, injure or remove any tomb, vault, monument, gravestone
    or other structure placed in any public or private cemetery, or any fences, railing
    or other work for the protection, ornamentation of said cemetery, or of any tomb,
    vault, monument or gravestone, or other structure aforesaid, on any cemetery lot
    within such cemetery, or willfully and maliciously destroy, cut, break or injure
    any tree, shrub, plant or lawn within the limits of said cemetery, or drive outside
    of said avenues and roads, and over the grass or graves of said cemetery. (Code
    of Iowa, Sec. 716.1)
  7. Injury to fire apparatus. No person shall willfully destroy or injure any engines,
    hose carriage, hose, hook and ladder carriage, or other things used and kept for
    extinguishment of fires. (Code of Iowa, Sec. 716.1)
  8. Injury to city ambulance or paramedic apparatus. No person shall willfully destroy or injure any ambulance or paramedic unit, equipment or other things used to administer medical care.
  9. Obstructing or defacing roads. No person shall obstruct, deface or injure any public
    road by breaking up, plowing or digging within the boundary lines thereof, except by written authorization of the Mayor. (Code of Iowa, Sec. 716.1)
  10. Injury to roads, railways, and other utilities. No person shall maliciously injure,
    remove or destroy any electric railway or apparatus belonging thereto, or any bridge,
    rail or plank road; or place or cause to be placed, any obstruction on any electric
    railway, or on any such bridge, rail or plank road; or willfully obstruct or injure
    any public road or highway; or maliciously cut, bum, or in any way break down, injure
    or destroy any post or pole used in connection with any system of electric lighting,
    electric railway, or telephone or telegraph system, fiber optic system, cellular
    phone tower system; or break down and destroy or injure and deface any electric
    light, telegraph or telephone instrument, fiber optic system, and cellular phone
    tower system; or in any way cut, break or injure the wires of any apparatus belonging
    thereto; or willfully without proper authorization tap, cut, injure, break, disconnect,
    connect, make any connection with, or destroy any ofthe wires, mains, pipes, conduits,
    meters or other apparatus belonging to, or attached to, the power plant or distributing
    system of any electric light plant, electric motor, gas plant or water plant; or
    aid or abet any other person in so doing. (Code of Iowa, Sec. 716.1)
  11. Tapping into Utility Transmission Cables. No person shall connect to any transmission
    cable without first obtaining permission from the owner of the cable. (Code of Iowa,
    Sec. 727.8)
  12. Obstructing ditches and breaking levees. No person shall divert, obstruct, impede,
    or fill up, without legal authority, any ditch, drain, or watercourse, or break
    down any levee established, constructed, or maintained under any provision of law.
    (Code of Iowa, Sec. 716.1)

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