2.1-1.0301 CURFEW. 

 

1.  Definition.  The term minors shall mean, in this section, any person below the age of eighteen (18) years.

 

2.  Time Limits.  (School in Session) It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or places of business and amusement in the city between the hours of 10:00 o'clock p.m. and 5:00 o'clock a.m. of the following day on days commencing on Sunday, Monday, Tuesday, Wednesday, and Thursday, and between the hours of 12:01 a.m. and 5:00 o'clock a.m. on Friday and Saturday.  (School out of Session) It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or places of business and amusement in the city between the hours of 12:01 o'clock a.m. and 5:00 o'clock a.m. of the following days commencing on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday.(Amended by Ordinance No. 359)

 

3.  Exceptions.    The restriction provided by Section 2.1-1.0301[2] shall not apply to any minor who is accompanied by a guardian, parent or other person charged with the care and custody of such minor, or other responsible person over eighteen (18) years of age, nor shall the restriction apply to any minor who is traveling between his home or place of residence and the place where any approved employment, church, municipal or school function is being held.

 

4.  Responsibility of Adults.    It is unlawful for any parent, guardian or other person charged with the care and custody of any minor to allow or permit such minor to be in or upon any of the streets, alleys, places of business, or amusement or other public places within the curfew hours set by Section 2.1-1.0301  [2], except as otherwise provided in Section 2.1-1.0301 [3].

(Code of Iowa, 1975, Sec. 613.16)

 5.  Responsibility of Business Establishments.    It is unlawful for any person, firm or corporation operating a place of business or amusement to allow or permit any minor to be in or upon any place of business or amusement operated by them within the curfew hours set by Section 2.1-1.0301 [2], except as otherwise provided in Section 2.1-1.0301 [3].

(Code of Iowa, 1975, Sec. 726.9) 

6.  Enforcement.   Any peace officer of this city while on duty is hereby empowered to arrest any minor who violates any of the provisions of subsections 2.1-1.0301 [2 and 3].  Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor. If a minor violates the provisions of subsections 2.1-1.0301  [2 and 3] the minor may be issued a citation for violation of this ordinance.      (Amended by Ordinance No. 287)

  

2.1-1.0302 MINORS IN BILLIARD ROOMS.    It shall be unlawful for any person who keeps a billiard hall where beer is sold, or the agent, clerk, or employee of any such person, or any person having charge or control of any such hall, to permit any minor under eighteen (18) years of age to remain in such hall or to take part in any of the games known as billiards or pool.

(Code of Iowa, 1985, Sec. 726.9)

 2.1-1.0401 SPITTING. It shall be unlawful for a person to spit within any food establishment, restaurant, hotel, motor inn, cocktail lounge or tavern.

(Code of Iowa, 1975, Sec. 170.24)

2.1-1.0402 SALE OF TAINTED FOOD. It shall be unlawful for a person to sell or offer for sale any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods, or other articles of food, to sell or offer for sale the flesh of any animal that was deceased.

2.1-1.0403 STENCH BOMBS.  It shall be unlawful to throw, drop, explode deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offense to any of the senses in, upon or about any theatre, restaurant, car, structure, place of business or amusement, or any place of public assemblage, or to attempt to do any of these acts, or to 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, prison officials or peace officers in the discharge of their duties, or to a licensed physicians, nurses, pharmacists and other similar persons licenses 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.

(Code of Iowa, 1975, Sec. 732.10, 12 and 13)

2.1-1.0404 FIREWORKS.

1.    Definitions. The term "fireworks" shall mean and include any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other device containing any explosive substance.

(Code of Iowa, 1983, Sec. 732.17)

2.  Regulations.  It shall be unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the city may, upon application in writing, grant a permit for the display of fireworks by a city agency, fair associations, amusement parks and other organizations or groups of individuals approved by city authorities when such fireworks display will be handled by a competent operator.  No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the city evidence of issuance of a liability insurance policy to or for the benefit of the permitted containing the following coverages in the following amounts:

     Personal injury:    $100,000 per person

     Property damage:   $100,000

     Total Exposure:   $300,000

This shall not be construed to prohibit any resident, dealer, manufacturer or jobber from selling such fireworks as are not herein prohibited; or the sale of any kind of fireworks provided the same are to be shipped out of state; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads, 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 sold for medicinal or fumigation purposes.

(Code of Iowa, 1983, Sec. 731.18)

2.1-1.0405 FALSE ALARMS.  It shall be unlawful for a person to give false alarm of fire by setting fire to any combustible material, or by crying or sounding an alarm, or by any other means, without cause.

(Code of Iowa, 1983, Sec. 714.31)

2.1-1.0406 IMPERSONATING AN OFFICER.  It shall be unlawful for a person to falsely assume to be a judge, magistrate, sheriff, deputy sheriff, peace officer, special agent of the Iowa Department of Public Safety or conservation officer, and take upon himself to act as such or require anyone to aid or assist him in any manner.

(Code of Iowa, 1983, Sec. 740.5)

2.1-1.0407 RESISTING EXECUTION OF PROCESS. It shall be unlawful for a person to knowingly or willfully resist or oppose any officer of  this state, or any person authorized by law in serving or attempting to execute any legal writ, rule, order or process whatsoever, or to knowingly and willfully resist any such officer in the discharge of his duties without such writ, rule, order or process.

(Code of Iowa, 1975, Sec. 742.1)

2.1-1.0408 REFUSING TO ASSIST AN OFFICER. If any person, being lawfully required by any sheriff, deputy sheriff, constable or other peace officer, willfully neglects or refuses to assist him in the execution of the duties of his office in any criminal case, or in any case of escape or rescue, he shall be considered to have violated the city code.

(Code of Iowa, 1975, Sec. 742.3)

2.1-1.0409 RESISTING ARREST.  It shall be unlawful for a person after being informed of the intention to arrest him, to attempt to escape or forcibly resist when arrest is being made by an officer under the authority of a warrant.

(Code of Iowa, 1975, Sec. 755.8)

2.1-1.0410 ANTENNA AND RADIO WIRES. It shall be unlawful for a person to allow antenna wires, antenna supports, radio wires or television wires to   exist over any street, alley, highway, sidewalk, or public property.

(Code of Iowa, 1975, Sec. 364.12 [2])

2.1-1.0411 DISCHARGING WEAPONS.   IT shall be unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns or firearms of any kind within the city limits except by authorization of the council

2.1-1.0412 THROWING AND SHOOTING.  It shall be unlawful for a person to throw stones or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, highway, alley, sidewalk or public place.

(Code of Iowa, 1975, Sec. 364.12 [2])

2.1-1.0413 INTERFERENCE WITH CITY OFFICERS. It shall be unlawful for a person to interfere with or hinder any policeman, officer, or city official in the discharge of his duty.

2.1-1.0501 DEFACING PUBLIC GROUNDS. It shall be unlawful for a person to cut, break or deface any tree or shrub on public property or on any public way by willfully defacing, cutting, breaking or injuring.                                                           (Code of Iowa, 1975, Sec. 364.1 and 364.12 [2])

2.1-1.0502 INJURING NEW PAVEMENT. It shall be unlawful for a person to 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, 1975, Sec. 364.12 [2])

2.1-1.0503 DESTROYING PARK EQUIPMENT. It shall be unlawful for a person to 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, 1975, Sec. 364.12 [2])

2.1-1.0504 DEFACING PROCLAMATIONS OR NOTICES. It shall be unlawful for a person to 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 this state, or any proclamation, advertisement or notification, set up at any place within the city by authority of the law or by order of any court, during the time for which the same is to remain set up.

(Code of Iowa, 1975, Sec. 714.20)

2.1-1.0505 INJURY TO FIRE APPARATUS. It shall be unlawful for a person to willfully destroy or injure any engine, hose, hook, and ladder truck, or other thing used and kept for extinguishments of fires.

(Code of Iowa, 1975, Sec. 714.28)

2.1-1.0506 DAMAGE TO PUBLIC PROPERTY.

It shall be unlawful for a person to maliciously injure, remove, or destroy any electric railway or apparatus belonging therein; 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, burn 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;  or break down and destroy or injury and deface  any electric light, telegraph or telephone instrument; or in  any way cut, break, or injure the wires of any apparatus belonging thereto; or  to will fully tap, cut, injury, break, disconnect, connect, make connection with, or destroy any of the 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  to  aid or abet any other' person in so doing.

           (Code of Iowa, 1975, Sec. 716.7)

2.1-1.0507 INJURY TO CEMETERY PROPERTY. It shall be unlawful for a person to 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 other fences, railing or other work for the protection or ornamentation of said cemetery, or of any tomb, vault, monument or gravestone, or other structure aforesaid, on any cemetery lot within such cemetery, or to willfully and maliciously throw or leave any rubbish, refuse, garbage, waste,  litter  or,  foreign substance within the limits of said cemetery,  or  to drive at an unusual and forbidden speed over avenues  or roads in said cemetery, or to drive outside of said avenues  and roads, and over  the  grass  or  graves of said cemetery

(Code of Iowa, 1975, Sec. 714.23)

2.1-1.0601 TRESPASSING PROHIBITED. It shall be unlawful for a person to commit one or more of the following acts:

1.   Enter Property Without Permission. Enter upon or in private property without legal justification or without the implied or actual permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove there from, alter, damage, harass, or place thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.

(Code of Iowa, 1975, Sec. 729.1 [2aJ)

2.    Vacate Property When Requested.  Enter or remain upon or in private property without legal justification after being notified or rejected to abstain from entering or to remove or vacate there from by the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.

(Code of Iowa, 1975, Sec. 729.1 [2bj)

3.  Interference With Lawful Use of Property. Enter upon or in private property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.

(Code of Iowa, 1975, Sec. 729.1 [2c])

4.    Use of Property Without Permission. Be upon or in private property and use, remove there from, alter, damage, harass, or place thereon or therein anything animate or to inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.

(Code of Iowa, 1975, Sec. 729.1 [2d])

2.1-1.0602 TELEGRAPH OR TELEPHONE WIRE TAPS. It shall be unlawful for a person to wrongfully or unlawfully tap or connect.  A wire with the telephone or telegraph wires of any person engaged in the transmission of messages on telephone or telegraph lines.

(Code of Iowa, 1975, Sec. 716 (8)

2.1-1.0603 DAMAGE TO PROPERTY.  It shall be unlawful to cut, hack, break, deface, or otherwise injure any ornamental or shade tree, fence, private building, railing or other property

2.1-1.0701 PURPOSE.The purpose of this chapter is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined herein.

2.1-1.0702 CONTROLLED SUBSTANCE DEFINED.The term "controlled substance" is the term "controlled substance" as defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter amended.

2.1-1.0703 DRUG PARAPHERNALIA DEFINED.The term "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:

1. Growing Kits. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

2. Processing Kits. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization Devices. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing Equipment. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

5. Scales. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

6. Diluents. Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose or lactose, used, intended for use, or designed for use in cutting controlled substances.

7. Separators - Sifters. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

8. Mixing Devices. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.

9. Containers. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

10. Storage Containers. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

11. Injecting Devices. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parentally injecting controlled substances into the human body.

12. Ingesting-Inhaling Device. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances or their derivatives into the human body, including but not limited to, the following:

A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

B. Water pipes;

C. Carburetion tubes and devices;

D. Smoking and carburetion masks;

E. Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;

F. Miniature cocaine spoons and cocaine vials;

G. Chamber pipes;

H. Carburetor pipes;

 I. Electric pipes;

J. Air driven pipes;

K. Chillums;

L. Bongs;

2.1-1.0704 DETERMINING FACTORS.In determining whether an object is drug paraphernalia for the purpose of enforcing this chapter, the following factors should be considered in addition to all other logically relevant factors:

1. Statements. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior Convictions. Prior convictions, if any, of an owner, or of anyone in control of the object under any State or federal law relating to any controlled substance.

3. Proximity To Violation. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

4. Proximity To Substances. The proximity of the object to controlled substances.

5. Residue. The existence of any residue of controlled substances on the object.

6. Evidence of Intent. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substances Act.

7. Innocence of an Owner. The innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Substances Act, should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.

8. Instructions. Instructions, oral or written, provided with the object concerning its use.

9. Descriptive Materials. Descriptive materials accompanying the object which explain or depict its use.

10. Advertising. National and local advertising concerning its use.

11. Displayed. The manner in which the object is displayed for sale.

12. Licensed Distributor or Dealer. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

13. Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

14. Legitimate Uses. The existence and scope of legitimate uses for the object in the community.

15. Expert Testimony. Expert testimony concerning its use.

2.1-1.0705 POSSESSION OF DRUG PARAPHERNALIA.It Is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

2.1-1.0706 MANUFACTURE, DELIVERY OR OFFERING FOR SALE.  It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or know, or reasonably should know that it will be used, or knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

2.1-1.0707 ALTERNATIVE PENALTIES.Violation of this article shall either constitute a nuisance, which may be abated in the manner provided in Section 364. 12(3)(h) of the Code of Iowa, or by injunction in the Iowa District Court. In the alternative, any person committing acts in violation of this article shall be guilty of a simple misdemeanor.

2.1-2.0301 VIOLATION OF REGULATIONS.  Any person who shall willfully fail or refuse to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who shall fail to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this chapter.  These sections of the Code of Iowa are:

  1. Registration and Driver's Licenses provisions: 321.17, 321.37, 321.98, 321.174, 321.180, 321.393 and 321.218 thru 321.224.

             2.   Obedience to a Peace Officer and Responsibility of Public Officers, Emergency Vehicles and Bicycles to Obey Traffic Regulations:  321.229 through 321.234.

3. Traffic Signs, Signals, and Markings: 321.257 thru 321.2603.

4. Accidents and Accident Reporting 321.268.

5.    Operation of Motorcycles:  321.275 through 321.266

6.  See Below: 

A. Reckless Driving

B. Drag Racing

C. Speed,

D. Control of Vehicle

E. Minimum Speed: 321.277, 321.278, 321.286 through 321.288, and 321.295.  

7.   Driving on Right, Meeting, Overtaking, Following or Towing: 321.297 through 321.310.

8.   Turning and Starting, Signals on Turning and Stopping: 321.311 through 321.318.

9.   Right of Way: 321.319 through 321.324.

              10.   Pedestrian Rights and Safety Zones: 321.325, 321.327, 321.329,321.330, 321.332 through 321.334 and 321.340.

11.   Railroad Crossings:  321.341 through 321.344, 321.354 through 321.357

12.   Stopping, Standing, Parking: and 321.359.

13.   Unattended Vehicle, Obstructing Driver's View, Crossing Median, Following Fire Apparatus, or Crossing Fire   Hose, and Putting Glass, Etc., on Streets:  321.362 through 321.371.

14.   Lighting Equipment Required and Time of Use: 321.384 through 321.409, 321.415, 321.418 through 321.423.  In accordance with authorization granted by Section 321.395, Code of Iowa, motor vehicles parked upon any street where permitted by this chapter need not display required light where there is sufficient light emitted from city street lights to reveal any person or object within a distance of five hundred (500) feet upon such street.

15.   Brakes, Horns, Sirens, Mufflers, Wipers, Mirrors, Tires, Flares, Windows, Safety   Belts, and Special Markings for Transporting Explosives:   321.430 through 321.443 and 321.445 through 321.450.

16.   Size, Weight and Load:  321.452 through 321.463, 321.465 and 321.466.

17. Proof of Security Against Liability - Driving Without Liability Coverage: 321.20B (Ord 463 - Feb 05 Supp.)

18. Fraudulent Use of Registration: 321.99                                                                                                  (Ord 463 - Feb 05 Supp.)

2.1-2.0302 PLAY STREETS DESIGNATED.   The chief of police shall have authority to declare any street or part thereof a play street and cause to be placed appropriate signs or devices in the roadway indicating and helping to protect the same.   Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

2.1-2.0303 VEHICLES ON SIDEWALKS.  The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.