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D) Chapters 40 through 47 – Public Offenses

CHAPTER 40

PUBLIC PEACE

40.01 Assault 40.04 Unlawful Assembly
40.02 Harassment 40.05 Failure to Disperse
40.03 Disorderly Conduct  

40.01    ASSAULT.  No person shall, without justification, commit any of the following:

  1. Pain or Injury. Any act that is intended to cause pain or injury to another or that is intended to result in physical contact that will be insulting or offensive to another, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1[1])

  1. Threat of Pain or Injury. Any act that is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1[2])

An act described in subsections 1 and 2 shall not be an assault under the following circumstances: (i) if the person doing any of the enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace; (ii) if the person doing any of the enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function, regardless of the location, whether the fight or physical struggle or other disruptive situation is between students or other individuals, if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

(Code of Iowa, Sec. 708.1)

40.02    HARASSMENT.  No person shall commit harassment.

  1. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following:
  2. Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.

(Code of Iowa, Sec. 708.7)

  1. Places any simulated explosive or simulated incendiary device in or near any building, vehicle, airplane, railroad engine or railroad car, or boat occupied by the other person.

(Code of Iowa, Sec. 708.7)

  1. Orders merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.

(Code of Iowa, Sec. 708.7)

  1. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the same did not occur.

(Code of Iowa, Sec. 708.7)

  1. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate or alarm that other person. As used in this section, unless the context otherwise requires, “personal contact” means an encounter in which two or more people are in visual or physical proximity to each other.  “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts.

40.03    DISORDERLY CONDUCT.  No person shall do any of the following:

  1. Engage in fighting or violent behavior in any public place or in or near any lawful assembly of persons, provided that participants in athletic contests may engage in such conduct that is reasonably related to that sport.

(Code of Iowa, Sec. 723.4[1])

  1. Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.

(Code of Iowa, Sec. 723.4[2])

  1. Abusive Language. Direct abusive epithets or make any threatening gesture that the person knows or reasonably should know is likely to provoke a violent reaction by another.

(Code of Iowa, Sec. 723.4[3])

  1. Disrupt Lawful Assembly. Without lawful authority or color 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])

  1. False Report of Catastrophe. By words or action, initiate or circulate a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.

(Code of Iowa, Sec. 723.4[5])

  1. Disrespect of Flag. Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.  As used in this subsection:

(Code of Iowa, Sec. 723.4[6])

  1. “Deface” means to intentionally mar the external appearance.
  2. “Defile” means to intentionally make physically unclean.
  3. “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.
  4. “Mutilate” means to intentionally cut up or alter so as to make imperfect.
  5. “Show disrespect” means to deface, defile, mutilate, or trample.
  6. “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle, or animal to tread upon.
  7. Obstruct Use of Street. Without authority or justification, obstruct any street, sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful use by others.

(Code of Iowa, Sec. 723.4[7])

  1. Funeral or Memorial Service. Within 1,000 feet of the building or other location where a funeral or memorial service is being conducted, or within 1,000 feet of a funeral procession or burial:
  2. Make loud and raucous noise that causes unreasonable distress to the persons attending the funeral or memorial service or participating in the funeral procession.
  3. Direct abusive epithets or make any threatening gesture that the person knows or reasonably should know is likely to provoke a violent reaction by another.
  4. Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession, or burial.

This subsection applies to conduct within 60 minutes preceding, during, and within 60 minutes after a funeral, memorial service, funeral procession, or burial.

(Code of Iowa, Sec. 723.5)

40.04    UNLAWFUL ASSEMBLY.  It is unlawful for three or more persons to assemble together, with them or any of them acting in a violent manner, and with intent that they or any of them will commit a public offense.  No person shall willingly join in or remain part of an unlawful assembly, knowing or having reasonable grounds to believe it is such.

(Code of Iowa, Sec. 723.2)

40.05    FAILURE TO DISPERSE.  A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse.  No person within hearing distance of such command shall refuse to obey.

(Code of Iowa, Sec. 723.3) 

° ° ° ° ° ° ° ° ° °

 

CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.01 Distributing Dangerous Substances 41.08 Abandoned or Unattended Refrigerators
41.02 False Reports to or Communications with Public 41.09 Antenna and Radio Wires
Safety Entities 41.10 Barbed Wire and Electric Fences
41.03 Providing False Identification Information 41.11 Discharging Weapons
41.04 Refusing to Assist Officer 41.12 Throwing and Shooting
41.05 Harassment of Public Officers and Employees 41.13 Urinating and Defecating
41.06 Interference with Official Acts 41.14 Fireworks
41.07 Removal of an Officer’s Communication or 41.15 Discharge of Blanks for Military Services and
Control Device Other Occasions

41.01    DISTRIBUTING DANGEROUS SUBSTANCES.  No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.

(Code of Iowa, Sec. 727.1)

41.02    FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES.  No person shall do any of the following:

(Code of Iowa, Sec. 718.6)

  1. Report or cause to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.
  2. Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.
  3. Knowingly provide false information to a law enforcement officer who enters the information on a citation.

41.03    PROVIDING FALSE IDENTIFICATION INFORMATION.  No person shall knowingly provide false identification information to anyone known by the person to be a peace officer, emergency medical care provider, or firefighter, whether paid or volunteer, in the performance of any act that is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or firefighter.

(Code of Iowa, Sec. 719.1A)

41.04    REFUSING TO ASSIST OFFICER.  Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required.  No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.

(Code of Iowa, Sec. 719.2)

41.05    HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.  No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer’s or employee’s duty.

(Code of Iowa, Sec. 718.4)

41.06    INTERFERENCE WITH OFFICIAL ACTS.  No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, jailer, emergency medical care provider or firefighter, whether paid or volunteer, or a person performing bailiff duties pursuant to Section 602.1303[4] of the Code of Iowa, in the performance of any act that is within the scope of the lawful duty or authority of that officer, jailer, emergency medical care provider, or firefighter, or person performing bailiff duties, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court.  The terms “resist” and “obstruct” as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.

(Code of Iowa, Sec. 719.1)

41.07    REMOVAL OF AN OFFICER’S COMMUNICATION OR CONTROL DEVICE.  No person shall knowingly or intentionally remove or attempt to remove a communication device or any device used for control from the possession of a peace officer or correctional officer, when the officer is in the performance of any act which is within the scope of the lawful duty or authority of that officer and the person knew or should have known the individual to be an officer.

(Code of Iowa, Sec. 708.12)

41.08    ABANDONED OR UNATTENDED REFRIGERATORS.  No person shall abandon or otherwise leave unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, nor shall any person allow any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children.

(Code of Iowa, Sec. 727.3)

41.09    ANTENNA AND RADIO WIRES.  It is unlawful for a person to allow antenna wires, antenna supports, radio wires, or television wires to exist over any street, alley, highway, sidewalk, public way, public ground, or public building without written consent of the Council.

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

41.10    BARBED WIRE AND ELECTRIC FENCES.  It is unlawful for a person to use barbed wire or electric fences to enclose land within the City limits without the written consent of the Council unless such land consists of 10 acres or more and is used as agricultural land.

41.11    DISCHARGING WEAPONS. 

  1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, or other firearms of any kind within the City limits except by written consent of the Council.
  2. No person shall intentionally discharge a firearm in a reckless manner.

41.12    THROWING AND SHOOTING.  It is unlawful for a person to throw stones, bricks, or missiles of any kind or to shoot arrows, paintballs, rubber guns, slingshots, air rifles, BB guns, or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground, or public building, without written consent of the Council.

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

41.13    URINATING AND DEFECATING.  It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway, or window thereof, or onto any public or private land.

41.14    FIREWORKS. 

  1. The City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair association, 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 filed with the City evidence of insurance in the following amounts:
  2. Personal Injury:……….. $250,000.00 per person
  3. Property Damage:…….. $50,000.00
  4. Total Exposure:……….. $1,000,000.00
  5. Possession and Use of Fireworks.
  6. It is unlawful for any person to possess, store, ignite or explode any fireworks not permitted by State law, within the City limits, unless the person is the holder of a valid permit or license therefore or an employee of such permittee or licensee.
  7. In addition to the restrictions imposed by Subsection 1, it is unlawful for any person to use, ignite, or explode any fireworks except for those items defined as a novelty in the American Pyrotechnics Association Standard 87-1 Chapter 3.2, within the City limits.

41.15    DISCHARGE OF BLANKS FOR MILITARY SERVICES AND OTHER OCCASIONS.

  1. Blank charges may be discharged from firearms at a burial or memorial service held at a public or private cemetery or upon public property in recognition of or honoring any deceased person or class of deceased people when:
  2. The discharge is conducted by a Congressionally recognized veteran’s organization, an active or reserve branch of the armed forces, or a law enforcement agency;
  3. No more than seven people participate in the discharge, and
  4. No more than three rounds are discharged from any one weapon.
  5. In all other cases blank charges may be discharged from firearms if the Police Chief and the Mayor have been given at least 48 hours’ notice of the proposed discharge and the discharge is part of:
  6. An educational event sponsored and supervised by public or private school officials upon public school property, or upon the property of any private school, college or university; or
  7. A theatrical performance in which actors or actresses or both take part in person in a performance given in what is commonly called a theater to which admission may be had by payment of a fee or by purchase and presentation of a ticket or token obtained for money and to which the public generally may gain admission.

[The next page is 197]

 

CHAPTER 42

PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing 42.05 Fraud
42.02 Criminal Mischief 42.06 Theft
42.03 Defacing Proclamations or Notices 42.07 Littering Streets and Sidewalks
42.04 Unauthorized Entry 42.08 Other Public Property Offenses

42.01    TRESPASSING.

  1. It is unlawful for a person to knowingly trespass upon the property of another.

(Code of Iowa, Sec. 716.8)

  1. For purposes of this section:

(Code of Iowa, Sec. 716.7[1])

  1. “Property” includes any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure, whether publicly or privately owned.
  2. “Public utility” is a public utility as defined in Section 476.1 of the Code of Iowa or an electric transmission line as provided in Chapter 478 of the Code of Iowa.
  3. “Public utility property” means any land, dwelling, building, conveyance, vehicle, or other temporary or permanent structure owned, leased, or operated by a public utility and that is completely enclosed by a physical barrier of any kind.
  4. “Railway corporation” means a corporation, company, or person owning, leasing, or operating any railroad in whole or in part within this State.
  5. “Railway property” means all tangible real and personal property owned, leased, or operated by a railway corporation, with the exception of any administrative building or offices of the railway corporation.
  6. “Trespass” means one or more of the following acts:

(Code of Iowa, Sec. 716.7[2a])

(1)        Entering upon or in property without the express permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.

(2)        Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of 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.

(3)        Entering upon or in property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.

(4)        Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.

(5)        Entering or remaining upon or in railway property without lawful authority or without the consent of the railway corporation which owns, leases, or operates the railway property. This paragraph does not apply to passage over a railroad right-of-way, other than a track, railroad roadbed, viaduct, bridge, trestle, or railroad yard, by an unarmed person if the person has not been notified or requested to abstain from entering onto the right-of-way or to vacate the right-of-way and the passage over the right-of-way does not interfere with the operation of the railroad.

(6)        Entering or remaining upon or in public utility property without lawful authority or without the consent of the public utility that owns, leases, or operates the public utility property. This paragraph does not apply to passage over public utility right-of-way by a person if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.

  1. Specific Exceptions. “Trespass” does not mean either of the following:

(Code of Iowa, Sec. 716.7[2b])

  1. Entering upon the property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. This paragraph does not apply to public utility property where the person has been notified or requested by posted signage or other means to abstain from entering.
  2. Entering upon the right-of-way of a public road or highway.

42.02    CRIMINAL MISCHIEF.  It is unlawful, for any person who has no right to do so, to intentionally damage, deface, alter, or destroy property.

(Code of Iowa, Sec. 716.1)

42.03    DEFACING PROCLAMATIONS OR NOTICES.  It is unlawful for a person intentionally to 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 the 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, Sec. 716.1)

42.04    UNAUTHORIZED ENTRY.  No unauthorized person shall enter or remain in or upon any public building, premises, or grounds in violation of any notice posted thereon or when said building, premises or grounds are closed and not open to the public.  When open to the public, a failure to pay any required admission fee also constitutes an unauthorized entry.

42.05    FRAUD.  It is unlawful for any person to commit a fraudulent practice as defined in Section 714.8 of the Code of Iowa.

(Code of Iowa, Sec. 714.8) 

42.06    THEFT.  It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.

(Code of Iowa, Sec. 714.1) 

42.07    LITTERING STREETS AND SIDEWALKS.  It shall be unlawful for any person within the corporate limits of this City to throw, deposit, or cause to be thrown or deposited, and without promptly removing the same, any leaves and grass or weed clippings, paper, cards, trash or rubbish, advertisements or the like into any street, alley, sidewalk, or other public place within the City.

42.08    OTHER PUBLIC PROPERTY OFFENSES.  The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other activities or conditions that are also deemed to be public property offenses:

  1. Chapter 24 – Library
  2. Section 24.10 – Injury to Books or Property
  3. Section 24.11 – Theft of Library Property
  4. Chapter 105 – Solid Waste Control and Recycling
  5. Section 105.08 – Littering Prohibited
  6. Chapter 135 – Street Use and Maintenance
  7. Section 135.01 – Removal of Warning Devices
  8. Section 135.02 – Obstructing or Defacing
  9. Section 135.03 – Placing Debris On
  10. Section 135.04 – Playing In
  11. Section 135.05 – Traveling on Barricaded Street or Alley
  12. Section 135.08 – Burning Prohibited
  13. Section 135.12 – Dumping of Snow
  14. Chapter 136 – Sidewalk Regulations
  15. Section 136.11 – Interference with Sidewalk Improvements
  16. Section 136.15 – Fires or Fuel on Sidewalks
  17. Section 136.16 – Defacing
  18. Section 136.17 – Debris on Sidewalks
  19. Section 136.18 – Merchandise Display
  20. Section 136.19 – Sales Stands

[The next page is 205]

 

CHAPTER 43

DRUG PARAPHERNALIA

43.01 Purpose 43.04 Determining Factors
43.02 Controlled Substance Defined 43.05 Possession of Drug Paraphernalia
43.03 Drug Paraphernalia Defined 43.06 Manufacture, Delivery, or Offering For Sale

43.01    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.

43.02    CONTROLLED SUBSTANCE DEFINED.  The term “controlled substance” as used in this chapter is defined as the term “controlled substance” is defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter amended.

43.03    DRUG PARAPHERNALIA DEFINED.  The term “drug paraphernalia” as used in this chapter 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 in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.  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 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. 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 parenterally 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 heroin, marijuana, cocaine, hashish, or hashish oil into the human body, such as:
  13. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
  14. Water pipes;
  15. Carburetion tubes and devices;
  16. Smoking and carburetion masks;
  17. 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;
  18. Miniature cocaine spoons and cocaine vials;
  19. Chamber pipes;
  20. Carburetor pipes;
  21. Electric pipes;
  22. Air driven pipes;
  23. Chillums;
  24. Bongs;
  25. Ice pipes or chillers.

43.04    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 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. 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 he or she knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.
  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, Chapter 124 of the Code of Iowa, should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
  8. Instructions, oral or written, provided with the object concerning its use.
  9. Descriptive Materials. Descriptive materials accompanying the object explaining or depicting its use.
  10. National and local advertising concerning its use.
  11. 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.

43.05    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 in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

43.06    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 knowing, or under circumstances where one 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 in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.

[The next page is 225]

 

CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION

45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles
45.02 Public Consumption or Intoxication  

45.01    PERSONS UNDER LEGAL AGE.  As used in this section, “legal age” means 21 years of age or more.

  1. A person or persons under legal age shall not purchase or attempt to purchase, consume, or individually or jointly have alcoholic beverages in their possession or control; except in the case of any alcoholic beverage given or dispensed to a person under legal age within a private home and with the knowledge, presence and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under State laws.

(Code of Iowa, Sec. 123.47[3])

  1. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage from any liquor control licensee or wine or beer permittee.

(Code of Iowa, Sec. 123.49[3])

45.02    PUBLIC CONSUMPTION OR INTOXICATION.

  1. As used in this section unless the context otherwise requires:
  2. “Arrest” means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.
  3. “Chemical test” means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.
  4. “Peace officer” means the same as defined in Section 801.4 of the Code of Iowa.
  5. “School” means a public or private school or that portion of a public or private school that provides teaching for any grade from kindergarten through grade twelve.
  6. A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license.  A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending any public or private school-related function.  A person shall not be intoxicated in a public place.
  7. A person shall not simulate intoxication in a public place.
  8. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested.  In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation.  The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.

(Code of Iowa, Sec. 123.46)

45.03    OPEN CONTAINERS IN MOTOR VEHICLES.  [See Section 62.01(49) and (50) of this Code of Ordinances.]

 

CHAPTER 46

MINORS

46.01 Definitions 46.04 Cigarettes and Tobacco
46.02 Curfew 46.05 Contributing to Delinquency
46.03 Parental Responsibilities  

46.01    DEFINITIONS.  For use in this chapter, the following terms are defined:

  1. “Delinquent acts” means those acts which violate the laws of the United States, or the statutes of the State or this Code of Ordinances or those acts which would cause or tend to cause the minor to come under the jurisdiction of the Juvenile Court, not to include traffic violations.
  2. “Emergency errand” means, but is not limited to, an errand relating to a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury, or loss of life.
  3. “Habitually violates” means a minor has violated the provisions of this chapter more than two times.
  4. “Illegal drugs” means controlled substances obtained without a legal prescription.
  5. “Juvenile delinquents” means those minors whose behavior interferes with the rights of others or menaces the welfare of the community.
  6. “Knowingly” means knowledge that a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody. It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable standard of adult responsibility through an objective test.  It is therefore no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.
  7. “Minor” means any unemancipated person under the age of 18 years.
  8. “Nonsecured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room that is not designed, set aside, or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing nonsecured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
  9. “Parent” means a mother, father, legal guardian, and any other person having the care or custody of a minor or any person acting in the parent’s stead who has custody or control of the minor.
  10. “Public place” includes stores, parking lots, parks, playgrounds, streets, alleys, and sidewalks dedicated to public use and also includes such parts of buildings and other premises, whether publicly or privately owned, that are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.
  11. “Recklessly” refers to conduct engaged in by a person in conscious disregard of a substantial and justifiable risk that circumstances exist or that a result will follow which constitutes an offense under this chapter and where such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
  12. “Responsible adult” means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.

46.02    CURFEW.  The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the City and specifically to reinforce the primary authority and responsibility of adults responsible for minors; to protect the public from the illegal acts of minors committed after the curfew hour; and to protect minors from improper influences and criminal activity that prevail in public places after the curfew hour.

  1. Curfew Established. It is unlawful for any minor to be or remain upon any of the alleys, streets or public places or to be in places of business and amusement in the City between the hours of 11:00 p.m. and 5:00 a.m. of the following day on Sunday, Monday, Tuesday, Wednesday and Thursday and between the hours of 12:00 midnight and 5:00 a.m. on Friday and Saturday.  The curfew applies to each and every week except that such limitation shall not apply on any day that is a legal holiday as defined by Chapter 1C of the Code of Iowa.
  2. The following are exceptions to the curfew:
  3. The minor is accompanied by a responsible adult.
  4. The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides and the adult responsible for the minor has given permission for the minor to be there.
  5. The minor is present at or is traveling between home and one of the following:

(1)        Minor’s place of employment in a business, trade or occupation in which the minor is permitted by law to be engaged or, if traveling, within one hour after the end or before the beginning of work;

(2)        Minor’s place of religious activity or, if traveling, within one hour after the end or before the beginning of the religious activity;

(3)        Governmental or political activity or, if traveling, within one hour after the end or before the beginning of the activity;

(4)        School activity or, if traveling, within one hour after the end or before the beginning of the activity;

(5)        Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution guarantees of free exercise of religion, freedom of speech, freedom of assembly or, if traveling, within one hour after the end or before the beginning of the activity.

  1. The minor is on an emergency errand for a responsible adult;
  2. The minor is engaged in interstate travel through the City beginning, ending or passing through the City when such travel is by direct route.
  3. Responsibility of Adults. It is unlawful for any responsible adult knowingly to permit or to allow a minor to be in any public place in the City within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.
  4. Responsibility of Places of Business and Amusement. It is unlawful for any person operating a place of business or amusement to allow or permit any minor to be in or upon any places of business or amusement operated by said person within the curfew hours set in this section, except as provided in subsection 2.
  5. Enforcement Procedures.
  6. Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a law enforcement officer on the street shall, in the first instance, use his or her best judgment in determining age.
  7. Grounds for Arrest; Conditions of Custody. Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public.  A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any nonsecured setting.  The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody.  A minor shall not be placed in detention following a curfew violation.
  8. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible.  The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the child in court at such time as the court may direct.
  9. Minor Without Adult Supervision. If a law enforcement officer determines that a minor does not have adult supervision because the law enforcement officer cannot locate the minor’s parent, guardian or other person legally responsible for the care of the minor, within a reasonable time, the law enforcement officer shall attempt to place the minor with an adult relative of the minor, an adult person who cares for the child or another adult person who is known to the child.
  10. Responsible Adult’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall, by certified mail, send to the adult responsible for the minor, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.
  11. Responsible Adult’s Second Violation. Any responsible adult as defined in this section who, following receipt of a warning, knowingly allows the minor to violate any of the provisions of this section is guilty of a municipal infraction.
  12. Minor’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall give the minor a written warning, which states that any subsequent violation will result in full enforcement of the curfew ordinance against the responsible adult and the minor, with applicable penalties, or, at the law enforcement officer’s discretion, may issue the minor a citation for a first violation.
  13. Minor’s Second Violation. For the minor’s second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction.

46.03    PARENTAL RESPONSIBILITIES.  This section is declared necessary to protect and preserve the right, privileges, and property of the City, or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents, and is intended to address situations where parents have failed to act responsibly and reasonably in the supervision of their minor children to the detriment of the general public.

  1. Parental Duties.
  2. It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
  3. Included (without limitation) in this continuous duty of reasonable parental control are the following duties:

(1)        To keep illegal drugs or illegal weapons out of the home and provide that ammunition and/or legal weapons are inaccessible to the minor except as provided in Section 724.22 of the Code of Iowa.

(2)        To know the provisions of this chapter regarding curfew (Section 46.02), and to require the minor to observe the curfew.

(3)        To require the minor, if 16 years of age or younger, to attend regular school sessions and to forbid the minor to be absent from class without parental or school permission, as provided in the Belle Plaine Community School District attendance policy, unless the parent has filed the affidavit as provided in Section 299.6 of the Code of Iowa.

(4)        To arrange proper supervision for the minor when the parent must be absent, in accordance with Iowa Department of Human Resources guidelines.

(5)        To not knowingly allow or permit the minor to maliciously or willfully destroy real, personal or mixed property which belongs to the City, or is located in the City.

(6)        To not knowingly allow or permit the minor to keep stolen property, illegally possess weapons or illegal drugs, associate with known juvenile delinquents or criminal street gang members, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary.

  1. Parental Violation and Penalty.
  2. No parent of any minor under the age of 18 years shall fail to exercise reasonable parental control over such minor. An adjudication that said minor has committed a felony, misdemeanor, or violation of an ordinance (except traffic violations) may be considered as evidence that said parent failed to exercise reasonable parental control.
  3. Pursuant to the violation of this section, the parent of a minor shall be held civilly responsible for the damages caused by the commission of any delinquent act within the City.
  4. Upon the first adjudication of a minor committing a felony, misdemeanor, or ordinance violation (except traffic violations), the notice sent to the parent as provided in this section shall be considered as a warning.
  5. Upon subsequent adjudication of a minor within two years of his or her first adjudication, as provided above, following the aforesaid notice to parent, a first violation of this section will be deemed to have occurred and the parent shall be subject to a civil penalty of $50.00.
  6. Upon the second offense of a violation of this section, the parent shall be subject to a civil penalty of $100.00, and in addition, shall be required to participate in, through completion, a City-approved, community based treatment program (such as parenting skills, family services, employment and training, etc.) or community service working in a tutorial or educational setting.
  7. Upon the third or subsequent offense of a violation of this section, the parent shall be subject to a civil penalty of $200.00.
  8. A violation of this section is a municipal infraction as provided in Section 364.22 of the Code of Iowa.
  9. Notification of Parents; Records of Notification.
  10. When a minor is apprehended or detained for a delinquent or reckless act, the parent shall receive a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service with a certificate of personal service returned, from the Police Department of the City following said adjudication or non-judicial sanction; and
  11. A record of such notification shall be maintained by the Records Division of the Belle Plaine Police Department.
  12. A copy of this notice shall be provided to the minor’s school attendance center.
  13. Liability of Parents; Records of Notification.
  14. Injuring or Destroying Property or Acts of Vandalism. It is unlawful for any person to willfully or maliciously break, deface, injure, or destroy any property within the City, whether such property is owned by the State, County, City or any other governmental body, or owned by any private person.  It is a violation of this section for any person to commit an act of vandalism.
  15. Liable for Actual Damages. The parent of an unemancipated minor who resides with such parent is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or property.
  16. No recovery under this section may exceed $2,000.00 actual damages for any act or $5,000.00 to the same claimant for two or more acts of such willful or malicious acts by the minor causing injury, in addition to taxable court costs.  In determining the damages to be allowed in an action under this section for personal injury, only medical, dental, and hospital expenses may be recovered.
  17. Other Liability. This section shall not affect the recovery damages in any other cause of action where the liability of the parent is predicated on a common law or statutory basis.

46.04    CIGARETTES AND TOBACCO.  It is unlawful for any person under 18 years of age to smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes.  Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by a person under 18 years of age shall not constitute a violation of this section if said person possesses the tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes as part of the person’s employment and said person is employed by a person who holds a valid permit under Chapter 453A of the Code of Iowa or who lawfully offers for sale or sells cigarettes or tobacco products.

(Code of Iowa, Sec. 453A.2)

46.05    CONTRIBUTING TO DELINQUENCY.  It is unlawful for any person to encourage any child under 18 years of age to commit any act of delinquency.

(Code of Iowa, Sec. 709A.1)

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CHAPTER 47

SOCIAL HOST

47.01 Purpose 47.04 Exceptions
47.02 Definitions 47.05 Violations
47.03 Prohibited Acts  

47.01    PURPOSE.  Pursuant to the authority granted under Chapter 331, Code of Iowa, this chapter is enacted to protect and preserve the rights, privileges, and property of the County and its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of the residents of Belle Plaine.  The purpose of this chapter is to prohibit the consumption of alcoholic beverages and/or controlled substances by persons in the age group 18 and under, and to prohibit gatherings where persons knowingly allow or permit the consumption of controlled substances or underage drinking of alcoholic beverages to occur on property they own or control.

The Belle Plaine City Council finds that the occurrence of social gatherings at premises where controlled substances and/or alcoholic beverages are served or consumed by person in the age group of 18 and under is harmful to such persons themselves and a threat to public welfare, health and safety. The Surgeon General’s Call to Action (2007) is hereby incorporated by reference, as further support of the health, safety, and public welfare concerns that exist with underage drinking.

The Belle Plaine City Council further finds that persons 18 and under attend gatherings where controlled substances and/or alcoholic beverages are brought or made available, and that the persons who are in control of such premises are either knowingly tolerating, allowing, or permitting such drug and alcohol use to occur. This ordinance will establish penalties for persons who knowingly permit or allow underage drinking or drug use, and will encourage those persons to ensure that those activities are not occurring on premises under their control.  Reasonable steps include, but are not limited to:

  1. Controlling underage persons’ access to alcoholic beverages;
  2. Controlling the quantity of alcoholic beverages;
  3. Verifying the age of persons being served, in the possession of, or consuming alcoholic beverages at the event, gathering, or party by inspecting drivers’ licenses or other government issued identification cards;
  4. Supervising the activities of underage persons at the party, and;
  5. Notifying law enforcement of underage possession or consumption of alcoholic beverages, and allowing law enforcement to enter the premises for the purpose of stopping the possession or consumption by underage persons.

47.02    DEFINITIONS.

  1. “Alcoholic beverage” means any beverage containing more than one half of one percent of alcohol by volume including alcoholic liquor, wine, or beer.
  2. “Controlled substance” means a drug, substance, or immediate precursor as specified in Chapter 124, Iowa Code.
  3. “Event, gathering, or party” means any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
  4. “Juvenile” means any person under the age of 18.
  5. “Parent” means any person having legal custody of a juvenile (i) as a natural parent, adoptive parent, or stepparent, (ii) as a legal guardian, or (iii) as a person to whom legal custody has been given by order of the court.
  6. “Premises” means any home, yard, farm, field, land, apartment, condominium, hotel, or motel room or other dwelling unit, or hall or meeting, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically, for a party or other social function and whether owned, leased, rented, or used with or without permission or compensation. “Premises” does not include property that is licensed to sell or serve alcoholic beverages.
  7. “Social host” means any person, partnership, corporation or association of one or more individuals who aids, allows, entertains, organizes, supervises, controls, or permits an event, gathering or party. This includes but is not limited to (i) the person(s) who owns, rents, leases, or otherwise has control of the premises where the event, gathering or party takes place, (ii) the person in charge of the premises, or (iii) the person(s) who organized the event, gathering or party.

If the social host is a juvenile, and the parent(s) are (i) present on the premises, or (ii) knows or reasonably should know of the event, gathering or party and knows or reasonably should know that the consumption of alcohol and/or controlled substances is occurring, the parent(s) are also liable for violations of this chapter.

  1. “Underage person” means any individual 18 and under.

47.03    PROHIBITED ACTS.  It is unlawful for any social host of an event, gathering or party on the social host’s premises to knowingly permit or allow underage persons to consume controlled substances and/or alcoholic beverages, or knowingly permit or allow underage persons to possess controlled substances and/or alcoholic beverages on the premises, whether or not the social host is present on the premises.

A social host has an affirmative defense if the social host took reasonable steps to prevent the possession or consumption of controlled substances and/or alcohol, or notified law enforcement and allowed law enforcement to enter the premises for the purpose of stopping the illegal activities.

47.04    EXCEPTIONS.  This chapter does not apply to actions permitted under Section 123.47(2), Iowa Code (2007), or to legally protected religious observations, or to situations where underage persons are lawfully in possession of alcoholic beverages during the course and scope of employment.

47.05    VIOLATIONS.  Violations of this chapter are a civil infraction under the Belle Plaine Code of Ordinances, and are subject to civil penalty of $750.00 for the first violation and $1,000.00 for the second and each subsequent violation.  Violations of the chapter may also be considered by the City for purposes of approving licensing applied for by the social host or for any other requirements that are subject to approval by the City.

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