City Ordinances: Chapters 46-51

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CHAPTER 46: MINORS

46.01   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. For use in this section, the following terms are defined:
  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. “Knowingly” means knowledge which 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.
  4. “Minor” means any unemancipated person under the age of eighteen (18) years.
  5. “Nonsecured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which 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 (6) 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.
  6. “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 which 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.
  7. “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.
  8. Curfew Established. A curfew applicable to minors is established and shall be enforced as follows:
  9. Unless accompanied by a responsible adult, no minor below age 16 shall be in any public place during the hours of 10:30 p.m. and 5:00 a.m. on any day.
  10. Unless accompanied by a responsible adult, no minor age 16 or 17 years of age shall be in any public place during the hours of 12:00 midnight and 5:00 a.m. on any day.
  11. The following are exceptions to the curfew:
  12. The minor is accompanied by a responsible adult.
  13. 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.
  14. 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-half hour after the end of work;

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

(3)        Governmental or political activity or, if traveling, within one-half hour after the end 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-half hour after the end of the activity.

  1. The minor is on an emergency errand;
  2. The minor is engaged in 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. Enforcement Procedures.
  5. 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.
  6. 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 non-secured 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.
  7. 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.
  8. 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.
  9. Responsible Adult’s First Violation. In the case of a first violation by a minor, the law enforcement officer shall serve, either by certified mail or hand delivery, 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.
  10. Responsible Adult’s Subsequent Violations. 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.
  11. 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.
  12. Minor’s Subsequent Violations. For the minor’s second and subsequent violations of any of the provisions of this section, the minor is guilty of a municipal infraction.

46.02   CIGARETTES AND TOBACCO.  It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes.  Possession of cigarettes or tobacco products by a person under eighteen years of age shall not constitute a violation of this section if said person possesses the cigarettes or tobacco products 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 and lawfully offers for sale or sells cigarettes or tobacco products. (Code of Iowa, Sec. 453A.2)

46.03   CONTRIBUTING TO DELINQUENCY.  It is unlawful for any person to encourage any child under eighteen (18) years of age to commit any act of delinquency. (Code of Iowa, Sec. 709A.1)

CHAPTER 47: PARK REGULATIONS

47.01   PURPOSE.  The purpose of this chapter is to facilitate the enjoyment of park facilities by the general public by establishing rules and regulations governing the use of park facilities. (Code of Iowa, Sec. 364.12)

47.02   USE OF DRIVES REQUIRED.  No person shall drive any car, cycle or other vehicle, or ride or lead any horse, in any portion of a park except upon the established drives or roadways therein or such other places as may be officially designated by the City.

47.03   FIRES.  No fires shall be built, except in a place provided therefor, and such fire shall be extinguished before leaving the area unless it is to be immediately used by some other party.

47.04   LITTERING.  No person shall place, deposit, or throw any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.

47.05   CAMPING.  No person shall camp in any portion of a park except in portions prescribed or designated by the Council, and the City may refuse camping privileges or rescind any and all camping privileges for cause.

47.06   SALES STANDS.  Except in the case of nonprofit organizations or for special events of the City, no person or business shall erect or keep any stand or similar display for the sale of any goods, merchandise, or commodities in any City park or campground.

 

CHAPTER 50: NUISANCE ABATEMENT PROCEDURE

50.01   DEFINITION OF NUISANCE.  Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance. (Code of Iowa, Sec. 657.1)

50.02   NUISANCES ENUMERATED.  The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City:
(Code of Iowa, Sec. 657.2)

  1. Offensive Smells. Erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture that, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.
  2. Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome substance to be collected or to remain in any place to the prejudice of others.
  3. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
  4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.
  5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.
  6. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, that so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof.  (See also Section 62.06)
  7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction.  (See also Chapter 51)
  8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
  9. Weeds, Grass, and Other Dense Growth.
  10. Dense growth of all weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard;
  11. Noxious weeds as defined in the Code of Iowa; and
  12. Grass and other similar growth that exceeds the uniform height specifications in Chapter 52 of this Code of Ordinances.

Paragraphs A and C above do not apply to purposefully planted conservation landscaping grasses, vegetable gardens, or purposefully planted flower gardens, so long as they are maintained free of weeds.

  1. Dutch Elm Disease. Trees infected with Dutch elm disease.  (See also Chapter 151)
  2. Airport Air Space. Any object or structure hereafter erected within one thousand (1,000) feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
  3. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
  4. Furniture and Appliances. Storing or using furniture or appliances upon an unenclosed porch, balcony, patio, roof, yard, walkway or driveway when such furniture or appliance is not designed or manufactured for outdoor use.  The application of a weatherproofing substance shall not be construed as an acceptable alternative to meeting the compliance with provisions of this code when said item is manufactured for interior use only.  Unenclosed porches shall not include any porch completely covered by a roof and completely enclosed by glass and/or screens.
  5. Solid Waste. Causing, permitting or allowing of any refuse, solid waste, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place.  The term “noxious substances” includes, but is not limited to, substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous.
  6. Creating, maintaining, causing or allowing to exist conditions that are conducive to the harborage or breeding of vermin; or allowing to exist infestations of vermin, such as rats, mice, snakes, bats, pigeons, wasps, cockroaches, or flies.

50.03   OTHER CONDITIONS.  The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions that are deemed to be nuisances:

  1. Junk and Junk Vehicles (See Chapter 51)
  2. Dangerous Buildings (See Chapter 145)
  3. Collection of Solid Waste (See Chapter 105)
  4. Trees (See Chapter 151)

50.04   NUISANCES PROHIBITED.  The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law. (Code of Iowa, Sec. 657.3)

50.05   NUISANCE ABATEMENT.  Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the municipal infraction procedure referred to in Section 50.07. (Code of Iowa, Sec. 364.12[3h])

50.06   ABATEMENT OF NUISANCE BY WRITTEN NOTICE.  Any nuisance, public or private, may be abated in the manner provided for in this section: (Code of Iowa, Sec. 364.12[3h])

  1. Contents of Notice to Property Owner. The notice to abate shall contain:
    1. Description of Nuisance. A description of what constitutes the nuisance.
    2. Location of Nuisance. The location of the nuisance.
    3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
    4. Reasonable Time. A reasonable time within which to complete the abatement.
    5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against the property owner.
  2. Method of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner. (Code of Iowa, Sec. 364.12[3h])
  1. Request for Hearing. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists.  A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.  The hearing will be before the Council at a time and place fixed by the Council.  The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
  2. Abatement in Emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice.  The City shall assess the costs as provided in subsection 6 of this section after notice to the property owner under the applicable provisions of subsection 1 and 2, and the hearing as provided in subsection 3. (Code of Iowa, Sec. 364.12[3h])
  1. Abatement by City. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred.  The itemized expense account shall be filed with the Clerk, who shall pay such expenses on behalf of the City. (Code of Iowa, Sec. 364.12[3h])
  1. Collection of Costs. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner as, general property taxes. (Code of Iowa, Sec. 364.12[3h])
  1. Installment Payment of Cost of Abatement. If the amount expended to abate the nuisance or condition exceeds five hundred dollars ($500.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law. (Code of Iowa, Sec. 364.13)
  1. Failure to Abate. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.

50.07   MUNICIPAL INFRACTION ABATEMENT PROCEDURE.  In lieu of the abatement procedures set forth in Section 50.06, the requirements of this chapter may be enforced under the procedures applicable to municipal infractions as set forth in Chapter 3 of this Code of Ordinances.

EDITOR’S NOTE:  A suggested form of notice for the abatement of nuisances is included in the Appendix of this Code of Ordinances.  Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist.  If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs.  Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.

 

CHAPTER 51: JUNK AND JUNK VEHICLES

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

  1. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
  2. “Junk vehicle” means any vehicle legally placed in storage with the County Treasurer or unlicensed and which has any of the following characteristics:
  3. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
  4. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid.
  5. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.
  6. Flammable Fuel. Any vehicle which contains gasoline or any other flammable fuel.
  7. Inoperable. Any motor vehicle which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.
  8. Defective or Obsolete Condition. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.

  1. “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

51.02   JUNK AND JUNK VEHICLES PROHIBITED.  It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

51.03   JUNK AND JUNK VEHICLES A NUISANCE.  It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa.  If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation. (Code of Iowa, Sec. 364.12[3a])

51.04   EXCEPTIONS.  The provisions of this chapter do not apply to any junk or a junk vehicle stored within:

  1. Structure. A garage or other enclosed structure; or
  2. Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City.

51.05   NOTICE TO ABATE.  Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City may within five (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances. (Code of Iowa, Sec. 364.12[3a])

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