City Ordinances: Chapters 41-45

NOTICE:

This is just a part of the full ordinance document. Find the full, official document at the bottom or click here.

CHAPTER 41: PUBLIC HEALTH AND SAFETY

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, emergency medical care provider or firefighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or firefighter, 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 ten (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.  The sale, use or exploding of fireworks within the City are subject to the following:

  1. Definition. For purposes of this section definitions are enumerated in Iowa Code Section 727.2, which definitions are incorporated herein by reference. (Code of Iowa, Sec. 727.2)
  2. Sales – General Requirements.
  3. Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the City Administrator:

(1)        License:  Proof of valid license issued from the State Fire Marshal.

(2)        Liability Insurance:  Proof of liability insurance separate from the building property insurance, specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000.00.

  1. Date of Sale: Consumer firework sales shall only be conducted in accordance with the dates and times designated by Iowa Code Section 727.2.  It shall be unlawful to sell consumer fireworks without meeting the requirements specified in the ordinance, or to sell fireworks outside of the dates specified.

(1)        Approved consumer fireworks sales meeting requirements of the Code of the State of Iowa shall be allowed from any permanent structure or building June 1 until July 8 and from December 10 until January 3.

(2)        Approved consumer firework sales meeting the requirements of the Code of the State of Iowa shall be allowed in an approved temporary structure from June 13 until July 8.

  1. Limitation on Sales.

(1)        Consumer firework sales shall only be allowed in the area zoned for commercial use pursuant to the City of Rock Valley Zoning Ordinances.

(2)        No person shall sell a DOT 1.4 class consumer firework to the person under the age of 18.

(3)        Consumer fireworks shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by any other substance.

  1. Discharging Fireworks – General Requirements.
  2. No person under the age of 18 shall discharge a DOT 1.4 class consumer firework without parental supervision.
  3. A personal shall only discharge a consumer firework device on real property they own or on property where consent has been given. Novelties, including snakes, sparklers, or caps, can be discharged on a public place so long as all trash, wrappers, and wires are properly disposed of.
  4. Consumer fireworks shall not be discharged by persons showing visible signs of, or are determined to be, intoxicated or under the influence of a drug or narcotic.
  5. Any person discharging a consumer firework devise assumes all responsibility for its operation and the consequences there. No person shall discharge a consumer firework devise in a reckless manner or manner likely to cause death, injury, fire or property damage.
  6. No person shall discharge a consumer fireworks devise outside the following dates and hours:

(1)        June 15 through July 8 from the hours of 9 A.M. until 10 P.M. (Exception: discharge hours are extended to 11 pm on July 4th only).

(2)        December 10 through January 3 from the hours of 9 A.M. until 10 P.M. (Exception: discharge hours are extended to 12:30 am on January 1).

  1. It shall be unlawful to alter, remove, or discharge components of a consumer fireworks devise from its intended method of discharging.
  2. The City may, upon application in writing, grant a permit for the display of fireworks on public property 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 insurance in the following amounts:

(1)        Personal Injury:                       $500,000.00 per person.

(2)        Property Damage:        $250,000.00.

(3)        Total Exposure:                       $2,000,000.00.

  1. Violations. All violations of any provisions of this chapter are hereby declared a simple misdemeanor with a fine not to exceed $250.00.  Violations of this chapter will also be reported to the State Fire Marshal.
  2. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they 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 or trucks for signal purposes, or by a recognized military organization.  This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.  (Section 41.14 – Ord. 472-17 – Jun. 18 Supp.)

41.15   DRUG PARAPHERNALIA.

(Code of Iowa, Sec. 124.414)

  1. As used in this section “drug paraphernalia” means all equipment, products or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
  2. Manufacture a controlled substance.
  3. Inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
  4. Test the strength, effectiveness or purity of a controlled substance.
  5. Enhance the effect of a controlled substance.

Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold or possessed for a lawful purpose.

  1. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell or possess drug paraphernalia.

 

CHAPTER 42: PUBLIC AND PRIVATE PROPERTY

42.01   TRESPASSING.

Prohibited. It is unlawful for a person to knowingly trespass upon the property of another. (Code of Iowa, Sec. 716.8)

Definitions: 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.

“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   CATCH AND RELEASE.  If it is necessary for game management purposes, the City Council may pass a resolution allowing for the harvesting of a specific species of fish and may establish guidelines for such harvesting and may require by resolution catch-and-release practices and guidelines.

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 22 – Library
  2. Section 22.10 – Injury to Books or Property
  3. Section 22.11 – Theft of Library Property
  4. Chapter 105 – Collection of Solid Waste
  5. Section 105.28 – Littering Prohibited
  6. Section 105.25 – Open Dumping Prohibited
  7. Chapter 135 – Street Use and Maintenance
  8. Section 135.01 – Removal of Warning Devices
  9. Section 135.02 – Obstructing or Defacing
  10. Section 135.03 – Placing Debris On
  11. Section 135.04 – Playing In
  12. Section 135.05 – Traveling on Barricaded Street or Alley
  13. Section 135.08 – Burning Prohibited
  14. Section 135.12 – Dumping of Snow
  15. Chapter 136 – Sidewalk Regulations
  16. Section 136.11 – Interference with Sidewalk Improvements
  17. Section 136.15 – Fires or Fuel on Sidewalks
  18. Section 136.16 – Defacing
  19. Section 136.17 – Debris on Sidewalks
  20. Section 136.18 – Merchandise Display
  21. Section 136.19 – Sales Stands

 

CHAPTER 45: ALCOHOL CONSUMPTION AND INTOXICATION

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

  1. A person or persons under legal age shall not purchase or attempt to purchase or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer 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, wine, and beer 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[2])
  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, wine or beer from any licensee or 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 which 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, highways, or within 15 feet of the paved pathways of the public trails. A person shall not use or consume alcoholic liquor in any public place except premises covered by a valid liquor control license.  A person shall not possess or consume alcoholic liquor, wine, or beer on public school property or while attending a public or private school-related function.  A person shall not be intoxicated in a public place.  A person violating this subsection is guilty of a simple misdemeanor.
  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.]

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