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CHAPTER 1: MISDEMEANORS
ARTICLE 1 - PUBLIC PEACE
1.01 PURPOSE. The purpose of this article is to preserve the public order by defining and prohibiting offenses against the public peace and providing for their abatement.
1.02 ASSAULT. It shall be unlawful for a person to apply, threaten, or attempt to apply an unlawful and unpermitted physical force to another person in a rude and insolent manner, or with the intent to do physical harm, with the apparent ability to execute any attempt or threat.
(Code of Iowa, Sec. 708.1 and 708.4)
1.03 AFFRAY. It shall be unlawful for two (2) or more persons voluntarily or by agreement to engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place, to the disturbance of others.
1.04 UNLAWFUL ASSEMBLY. An unlawful assembly is three or more persons assembled 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. A person who willingly joins in or remains a part of an unlawful assembly, knowing or having reasonable grounds to believe that it is such, commits a simple misdemeanor.
(Code of Iowa, Sec. 723.2)
1.05 DISORDERLY CONDUCT. A person commits a simple misdemeanor when the person does any of the following:
1. Engages 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 which is reasonably related to that sport.
2. Makes loud and raucous noise in the vicinity of any residence or hospital which causes unreasonable distress to the occupants thereof.
3. Directs abusive epithets or makes any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.
4. Without lawful authority or color of authority, the person disturbs any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.
5. By words or action, initiates or circulates a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.
6. Knowingly and publicly uses 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 a public offense.
7. Without authority or justification, the person obstructs 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(1-7))
1.06 UNLAWFUL ASSEMBLY AND RIOT. It shall be unlawful for three (3) or more persons in a violent or tumultuous manner to assemble together to do or attempt an unlawful act, or when together to commit or attempt an act, whether lawful or unlawful, in a manner which is violent or tumultuous and to the disturbance of others.
(Code of Iowa, Sec. 723.1,2,4)
1.07 TEMPORARY CIVIL DISORDER. The following shall apply:
(Code of Iowa, Sec. 372.14(2))
1. DECLARATION. The mayor may declare a state of civil disorder within the city or its parts if he has reason to believe a riot or other general public disorder may occur as a result of an act of violence or resistance to the lawful exercise of authority, constituting a threat to public peace or general welfare.
2. TEMPORARY RESTRICTIONS. The mayor may promulgate all or part of the following restrictions, which shall become effective after reasonable notice of their contents is given and the affected area of the city is specified.
a. Order the immediate closing of all taverns and the cessation of the sale or other distribution of intoxicating liquor and beer.
b. Order the cessation of public display, sale or any other distribution of firearms and ammunition.
c. Order the cessation of the sale or other distribution of explosives or flammables.
d. Order the closing of all or some public parks, public streets or other public places during specified hours.
e. Order the cessation of gatherings by three (3) or more persons in public buildings, streets, parks or other open areas either public or private.
f. Order the cessation of any other activities reasonably believed hazardous to the maintenance of public safety.
3. TERMINATION. Any restriction issued according to this section will automatically terminate forty-eight (48) hours after the mayor's declaration of civil disorder, or upon his declaration that the state of civil disorder no longer exists, whichever occurs first. Any or all restrictions declared by the mayor may be extended by successive resolutions of the council for additional time periods. The period of any one extension shall not exceed five (5) days.
1. PARADES. No person shall conduct or cause any parade on any street except as provided in this section.
1. DEFINITION. "Parade" shall mean any march or procession of persons or vehicles organized for marching or moving on the streets in an organized manner, or any march or procession of persons or vehicles represented or advertised generally to the public as a parade.
2. PERMIT. No parade shall be conducted without a written permit obtained from the mayor or police chief in the mayor's absence. Such permit shall state the time, date and general route of the parade, and no permit fee shall be required. The written permit granted to the sponsors or organizers of the parade shall be permission for participants invited by the permittee to parade. Any denial of a permit may be appealed to the Council.
3. PARADE NOT A STREET OBSTRUCTION. Any parade authorized by a permit and in which the persons are lawfully participating shall not be deemed a street obstruction, notwithstanding the provisions of any other ordinance to the contrary.
4. CONTROL BY POLICE AND FIREMEN. Parade participants shall be subject at all times to the lawful orders and directions of police and fire department members in the performance of their duties.
CHAPTER 1 MISDEMEANORS
ARTICLE 2 - PUBLIC MORALS
2.01 PURPOSE. The purpose of this article is to preserve the public order by defining and prohibiting offenses against public morals and providing for their abatement.
2.02 PROSTITUTION. It shall be unlawful for any person to engage in, assist, or in any manner promote prostitution within the city. For the purpose of this section, the following acts are prohibited, and the commission of any such act or acts shall constitute a violation of the municipal code.
1. OCCUPYING HOUSE OF ILL FAME. To resort to, use, occupy or inhabit for the purpose of prostitution or lewdness any house of ill fame or place kept for such purpose, or to be found at any hotel, boarding house, store or other place, leading a life of prostitution.
(Code of Iowa, Sec. 725.1)
2. SOLICITING. To ask, request or solicit another to have carnal knowledge with any male or female for a consideration or otherwise.
(Code of Iowa, Sec. 725.3)
3. KEEPING HOUSE OF ILL FAME. To keep a house of ill fame which is resorted to for the purpose of prostitution or lewdness.
(Code of Iowa, Sec. 725.2)
4. LEASING HOUSE FOR PROSTITUTION. To let any house, knowing that the lessee intends to use it as a place or resort for the purpose of prostitution and lewdness, or knowingly permit such lessee to use the same for such purposes.
(Code of Iowa, Sec. 725.4)
2.03 BLASPHEMOUS OR OBSCENE LANGUAGE. It shall be unlawful for a person to use blasphemous or obscene language publicly, to the disturbance of the public peace and quiet.
2.04 INTOXICANTS AND INTOXICATION. The following shall be unlawful:
1. ILLEGAL KEEPING OF INTOXICANTS. To operate, conduct, or allow to be operated a place where intoxicating liquor is illegally kept, sold or given away.
2. CONSUMPTION IN PUBLIC PLACES. To use or consume any alcoholic liquors and beers upon the public streets or highways, or in any public place, except premises covered by a liquor and beer control license, or to be intoxicated or simulate intoxication in a public place.
(Code of Iowa, Sec. 123.46)
2.05 GAMBLING. The following acts are prohibited:
1. KEEPING GAMBLING HOUSES. To keep a house, shop or place resorted to for the purpose of gambling, or knowingly to permit or suffer any person in any house, shop or other place under the permitter's control or care, to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other things of value.
(Code of Iowa, Sec. 725.5)
2. "KEEPER" DEFINED. Any person who has charge of or attends to any such house, shop or place is the keeper thereof.
(Code of Iowa, Sec. 725.6)
3. GAMING AND BETTING. To participate in any game for any sum of money or other property of any value, or to make any bet or wages for money or other property of value, or to engage in bookmaking.
(Code of Iowa, Sec. 725.7)
4. POOL SELLING. To record or register bets, wages, or sell pools upon the result of any trial or contest of skill, speed, or power of endurance of man or beast or upon the result of any political nomination or election; and to keep a place for the purpose of any such thing, or to own, lease, or occupy any premises where the same is permitted, or any part is used for any such purpose, or to receive as custodian or depository, for hire or reward, money, property, or things of value staked, wagered, or bet on any such result.
(Code of Iowa, Sec. 725.10)
5. POSSESSION OF GAMBLING DEVICES. In any manner or for any purpose whatever except under proceeding to destroy the same to have, keep or hold in possession or control any roulette wheel, klondike table, poker table, punchboard, faro, or keno layouts, or any other machines used for gambling, or any slot machine or device with an element of chance attending such operation.
(Code of Iowa, Sec. 725.9)
6. STATE GAMBLING PERMIT. Nothing in this section shall be deemed to effect those activities allowed by those persons or establishments holding a State of Iowa license for gaming.
2.06 INDECENT EXPOSURE. No person shall expose those parts of his or her body listed herein to another in any public place, or in any place where such exposure is seen by another person or persons in any public place.
1. PROHIBITION. Exposure of the following in a public place is prohibited:
a. A woman's nipple, or aureole, or full breast, except as necessary in the feeding of any infant under the age of thirty-six (36) months.
b. The pubic hair, pubes, perineum, or anus of a male or female, the penis or scrotum of a male, or the vagina of a female, excepting those body parts of an infant of either sex.
2. EXEMPTION. This section shall not apply to limited or minimal exposures incident to the use of public restrooms or locker rooms or other such places where such exposures occur incident to the prescribed use of those facilities, nor shall it apply to exposures occurring in live stage plays, live theatrical performances, or live dance performances conducted in a theatre, concert hall or similar establishment which is primarily devoted to theatrical performances.
CHAPTER 1: MISDEMEANORS
ARTICLE 3 - MINORS
3.01 DEFINITIONS. The following terms shall have the meanings defined below:
1. "MINOR" shall mean a person less than eighteen (18) years of age.
2. "LEGAL AGE" shall be as set forth in section 123.3(19) and 123.47A of the Code of Iowa.
3.02 SUPPLYING LIQUOR TO MINORS. It shall be unlawful for any person to sell, give or otherwise supply liquor or beer to any person under legal age, or knowingly to permit any person under that age to consume alcoholic liquors or beers, except in the case of alcoholic liquor or beer given or dispensed to a person, age nineteen or twenty, within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to him by a physician or dentist for medicinal purposes.
(Code of Iowa, Sec. 123.47A)
CHAPTER 1: MISDEMEANORS
ARTICLE 4 - PUBLIC HEALTH AND SAFETY
4.01 PURPOSE. The purpose of this article is to preserve the public order by defining and prohibiting offenses against public health and safety and providing for their abatement.
4.02 CONCEALED WEAPONS. It shall be unlawful for any person to do the following, except as provided in this section:
1. PROHIBITION. To go armed with or to carry, a dirk, dagger, sword, pistol, revolver, stiletto, metallic knuckles, pocket billy, sandbag, skull cracker, slug shot or other offensive or dangerous weapon, except hunting knives adapted and carried as such, concealed either on or about the person, except in one's own dwelling, house, place of business, or other land possessed by him. No person shall carry a pistol or revolver concealed on or about his person or whether concealed or otherwise in any vehicle operated by him, except in his dwelling, house, or place of business or on other land possessed by him, without a permit from the sheriff of the county.
2. EXEMPTION. It shall be lawful to carry one or more unloaded pistols or revolvers for the purpose of lawful hunting, lawful sale or attempted sale, lawful exhibit or showing, or other lawful use, if such unloaded weapon or weapons are carried either (1) in the trunk compartment of a vehicle or (2) in a closed container which is too large to be effectively concealed on the person or within the clothing of an individual, and such container may be carried in a vehicle or in any other manner; and no permit shall be required therefore.
(Code of Iowa, Sec. 724.4)
4.03 DISCHARGING WEAPONS. It shall be unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns or firearms of any kind within the city limits except by authorization of the council.
4.04 FIREWORKS. It shall be unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks without a permit from the city.
1. DEFINITION. The term "fireworks" shall mean and include any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other device containing any explosive substance.
(Code of Iowa, Sec. 727.2)
2. REGULATIONS. The city may, upon application in writing, grant a permit for the display of fireworks by a city agency, fair associations, amusement parks and other organizations or groups of individuals approved by the council 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:
a. Personal injury: $250,000 per person
b. Property damage: $ 50,000
c. Total exposure: $ 1,000,000
3. OTHER PURPOSES EXEMPT. Nothing in section 4.04 shall be construed to prohibit any resident, dealer, manufacturer or jobber from selling such fireworks as are not herein prohibited; or the sale of any kind of fireworks provided the same are to be shipped out of state; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads, trucks, for signal purposes, or by a recognized military organization; and provided further that nothing in this section shall apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
(Code of Iowa, Sec. 727.2)
4.05 FALSE ALARMS. It shall be unlawful for a person to give or cause to be given a false alarm of fire by setting fire to any combustible material, or by crying or sounding an alarm, or by any other means, without cause.
(Code of Iowa, Sec. 723.4(5) and 718.6)
4.06 THROWING AND SHOOTING. It shall be unlawful for a person to throw stones or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or across any street, highway, alley, sidewalk or public place.
4.07 STENCH BOMBS. It shall be unlawful to throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, upon or about any theatre, restaurant, car, structure, place of business or amusement, or any place of public assemblage, or to attempt to do any of these acts, or to prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, prison officials or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this state nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.
(Code of Iowa, Sec. 724.1)
4.08 SPITTING. It shall be unlawful for a person to spit within any food establishment, restaurant, hotel, motor inn, cocktail lounge or tavern.
4.09 SALE OF TAINTED FOOD. It shall be unlawful for a person to sell or offer for sale any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods, or other articles of food, or to sell or offer for sale the flesh of any animal that was diseased.
4.10 ABANDONED REFRIGERATORS. It shall be unlawful to place, or to allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an airtight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or structure, under his or their control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, ice box or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.
4.11 ANTENNA AND RADIO WIRES. It shall be unlawful for a person to allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk, or public property.
(Code of Iowa, Sec. 364.12(2))
4.12 BARBED WIRE AND ELECTRIC FENCE. It shall be unlawful for a person to use barbed wire or electric fence to enclose land within the city limits without the consent of the council unless such land consists of ten acres or more and is used as agricultural land.
4.13 MARIJUANA AND DRUG PARAPHERNALIA:
1. POSSESSION OF MARIJUANA It is unlawful for any person, knowingly or intentionally, to possess marijuana as defined in Chapter 124 of the State Code of Iowa unless same was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of said practitioner's professional practice or otherwise authorized by Chapter 124 of the State Code of Iowa, as it now exist or is hereafter amended.
2. 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 State Code of Iowa, as it now exists or is hereafter amended.
3. DRUG PARAPHERNALIA DEFINED. The term "drug "paraphernalia" as used in this chapter means all equipment, products and materials of any kind which are used, or intended to be used, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, injecting, containing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this State. "Drug paraphernalia" includes, but is not limited to:
a. Growing Kits. Kits used, intended for use, or designed for use in planning, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
b. Processing Kits. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing control substances.
c. 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.
d. Testing Equipment. Testing equipment used, intended for use, or designed for use in the identifying or in analyzing the strength, effectiveness or purity of controlled substances under circumstances in violation of the laws of this State.
e. Scales. Scales and balances used, intended for use, or designed for use in weighting or measuring controlled substances.
f. Dilutents. Dilutents and adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose, or lactose, used, intended for use, or designed for use in cutting controlled substances.
g. Separators-Sifter. 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.
h. Mixing Devices. Blenders, bowls, containers, spoon, and mixing devices used, intended for use, or designed for use in compounding controlled substances.
i. Containers. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
j. Storage Containers. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances
k. Injecting Devices. Hypodermic syringes, needles and other objects used, intended for use in parenterally injecting controlled substances into the human body.
l. Ingesting Inhaling Devices. 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:
1. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. 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;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
12. Ice pipes or chillers; or
4. DETERMINING FACTORS. In determining whether an object is drug paraphernalia, a court, in its discretion, may consider, in addition to all other relevant factors, the following:
a. Statements. Statement by an owner or by anyone in control of the object concerning its use.
b. Prior Convictions. Prior convictions, if any, of an owner, or anyone in control of the object under any State or Federal law relating to any controlled substances.
c. 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 State Code of Iowa, as it exists or is hereafter amended.
d. Proximity to Substance. The proximity of the object to controlled substances.
e. Residue. The existence of any residue of controlled substances on the object.
f. Evidence of Intent. Direct or circumstantial evidence of the knowledge of any owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons who he knows, or reasonably should have known, could use the object to facilitate a violation of this Chapter.
g. 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 State Code of Iowa, as it exist or is hereafter amended, should not prevent a finding that the object is intended for use, or designed for the use as drug paraphernalia.
h. Instructions. Instructions, oral or written, provided with the object concerning its use.
i. Descriptive Materials. Descriptive materials accompanying the object which explain or depict its use.
j. Advertising. National and local advertising concerning its use.
k. Displayed. The manner in which the object is displayed for sale.
l. Licensed Distributors 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.
m. Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sale of the business enterprise.
n. Legitimate uses. The existence and scope of legitimate uses for the object in the community.
o. Expert Testimony. Expert testimony concerning its use.
5. POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to use, or posses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the laws of this State.
6. MANUFACTURE, DELIVERY OR OFFERING FOR SALE. It is unlawful for any person to deliver, posses with intent to deliver, manufacture with the infant 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, or under 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, inhale, or otherwise introduce into the human body a controlled substance in violation of the laws of this State. The prohibition contained in this Section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, nurses, hospitals, physicians, dentists, veterinarians, pharmacists or embalmers engages in the normal lawful course of their respective businesses or professions, nor to common carriers or wharehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties.
7. PENALTIES AND REMEDIES:
a. Any violation of this Section shall be a simple misdemeanor.
b. Any violation of the provisions of this Section shall also constitute a Municipal infraction.
c. The City may institute civil proceedings to obtain injunctive and declaratory relief of such other orders of the court as are reasonable and proper to abate practices, conditions or circumstances found to be contrary to or prohibited by the provisions of this Section.
CHAPTER 1: MISDEMEANORS
ARTICLE 5 - PUBLIC PROPERTY
5.01 PURPOSE. The purpose of this article is to define and prohibit offenses against public property and provide for their abatement.
5.02 DEFACING PUBLIC GROUNDS. It shall be unlawful for a person to cut, break or deface any tree or shrub on public property or on any public way by willfully defacing, cutting, breaking or injuring.
(Code of Iowa, Sec. 364.1&364.12(2))
5.03 PUBLIC BUILDINGS. It shall be unlawful to willfully write, make marks, or draw characters on the walls or any other part of any church, college, academy, schoolhouse, courthouse, or other public building, or on any furniture, apparatus, or fixture therein; or to willfully injure or deface the same, or any wall or fence enclosing the same.
5.04 DAMAGE TO PUBLIC OR UTILITY PROPERTY. It shall be unlawful for a person to maliciously injure, remove, or destroy any railway or apparatus belonging thereto; or any bridge or railroad; or place, or cause to be placed, any obstruction on any railway, or on any bridge or railroad; or willfully obstruct or injure any public road or highway; or maliciously cut, burn or in any way break down, injure, or destroy any post or pole used in connection with any system of electric transmission or distribution, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break, or injure the wires of any apparatus belonging thereto; or to willfully tap, cut, injure, break, disconnect, connect, make connection with or destroy any of the wires, mains, pipes, conduits, meters, or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant, or water plant; or to aid or abet any other person in so doing.
(Code of Iowa, Sec. 716.1)
5.05 DEFACING PROCLAMATIONS OR NOTICES. It shall be unlawful for a person to intentionally deface, obliterate, tear down, or destroy in whole or in part, any transcript or extract from or of any law of the United States or this state, or any proclamation, advertisement or notification, set up at any place within the city by authority of the law or by order of any court, during the time for which the same is to remain set up.
(Code of Iowa, Sec. 716.1)
5.06 INJURY TO FIRE APPARATUS. It shall be unlawful for a person to willfully destroy or injure any engine, hose, hook and ladder truck, or other thing used and kept for extinguishment of fires.
(Code of Iowa, Sec. 716.1)
5.07 DESTROYING PARK EQUIPMENT. It shall be unlawful for a person to destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.
(Code of Iowa, Sec. 716.1)
CHAPTER 1: MISDEMEANORS
ARTICLE 6 - PRIVATE PROPERTY
6.01 TRESPASSING. It shall be unlawful for a person to commit one or more of the following acts:
1. ENTER PROPERTY WITHOUT PERMISSION. Enter upon or in private property without legal justification or without the implied or actual permission of the owner, lessee, or person in lawful possession with the intent to commit a public offense or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
(Code of Iowa, Sec. 716.7)
2. VACATE PROPERTY WHEN REQUESTED. Enter or remain upon or in private property without legal 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 by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property.
(Code of Iowa, Sec. 716.7)
3. INTERFERE WITH LAWFUL USE OF PROPERTY. Enter upon or in private property for the purpose or with the effect of unduly interfering with the lawful use of the property by others.
(Code of Iowa, Sec. 716.7)
4. USE OF PROPERTY WITHOUT PERMISSION. Be upon or in private property and use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee, or person in lawful possession.
(Code of Iowa, Sec. 716.7)
6.02 DAMAGE TO PROPERTY. It shall be unlawful to cut, hack, break, deface or otherwise injure any ornamental or shade tree, fence, private building, railing or other property.
(Code of Iowa, Sec. 716.1)
6.03 TELEPHONE OR TELEGRAPH WIRE TAPS. It shall be unlawful for a person to wrongfully or unlawfully tap or connect a wire with the telephone or telegraph wires of any person engaged in the transmission of messages on telephone or telegraph lines.
(Code of Iowa, Sec. 727.8)
CHAPTER 1: MISDEMEANORS
ARTICLE 7 - EXECUTION OF PROCESS
7.01 RESISTING EXECUTION OF PROCESS. It shall be unlawful for a person to knowingly or willfully resist or oppose any officer of this state, or any person authorized by law in serving or attempting to execute any legal writ, rule, order or process whatsoever, or to knowingly and willfully resist any such officer in the discharge of his duties without such writ, rule, order or process.
(Code of Iowa, Sec. 719.1)
7.02 RESISTING ARREST. It shall be unlawful for a person after being informed of the intention to arrest him, to attempt to escape or forcibly resist when arrest is being made by an officer under the authority of a warrant.
(Code of Iowa, Sec. 804.12)
7.03 REFUSING TO ASSIST AN OFFICER. If any person, being lawfully required by any sheriff, policeman or other peace officer, willfully neglects or refuses to assist him in the execution of the duties of his office in any criminal case, or in any case of escape or rescue, he shall be considered to have violated the municipal code.
(Code of Iowa, Sec. 719.2)
7.04 INTERFERENCE WITH CITY OFFICERS. It shall be unlawful for a person to interfere with or hinder any policeman, fireman, officer, or city official in the discharge of his duty.
7.05 IMPERSONATING AN OFFICER. It shall be unlawful for a person to falsely assume to be a judge, magistrate, sheriff, deputy sheriff, peace officer, special agent of the Iowa Department of Public Safety or conservation officer, and take upon himself to act as such or require anyone to aid or assist him in any manner.
CHAPTER 2: NUISANCES
ARTICLE 8 - GENERAL PROVISIONS
8.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1. "NUISANCE" shall mean whatever is injurious to health, indecent or offensive to the senses or an obstacle to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances:
(Code of Iowa, Sec. 657.1)
a. Offensive smells. The erecting, continuing or using of any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public.
(Code of Iowa, Sec. 657.2(1))
(b. Filth or noisome substance. The causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others.
(Code of Iowa, Sec. 657.2(2))
c. Water pollution. The 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.
(Code of Iowa, Sec. 657.2(4))
d. Blocking public and private ways. The obstructing or encumbering by fences, buildings or otherwise the public roads, private ways, streets, alleys, commons, landings, places or burying grounds.
(Code of Iowa, Sec. 657.2(5))
e. Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which 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.
(Code of Iowa, Sec. 657.2(7))
f. Storing of inflammable junk. The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones and paper by dealers in such articles within the fire limits of the city, unless it be in a building of fireproof construction.
(Code of Iowa, Sec. 657.2(10))
g. Air pollution. The emission of dense smoke, noxious fumes or fly ash.
(Code of Iowa, Sec. 657.2(11))
h. Obstruction of drainage. Any article or substance placed upon any street, alley, sidewalk, public ground or in any ditch, waterway or gutter so as to obstruct the same.
i. Dutch elm disease. Trees infected with dutch elm disease.
(Code of Iowa, Sec. 657.2(13))
j. Airport air space. Any object or structure hereafter erected within one thousand (1000) 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.
(Code of Iowa, Sec. 657.2(9))
k. House of ill fame. Houses of ill fame, kept for the purpose prostitution and lewdness, gambling houses, or houses resorted to for the use of opium or hashish or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
(Code of Iowa, Sec. 657.2(6))
l. Obstruction of view. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.
m. Trash piles. Accumulation of rubbish or trash tending to harbor vermin or rodents and creating the hazard of fire.
n. Septic effluent. Effluent from a septic tank or drainage field running or ponding on the ground in the open, including in ditches.
o. Ponding water. An accumulation of water until it becomes stagnant.
p. Weeds. Dense growth of all weeds, grasses, vines, brush or other vegetation in the city so as to constitute a health, safety or fire hazard.
(Code of Iowa sec. 657.2 (13)
2. "PROPERTY OWNER" shall mean the contract purchaser if there is one of record, otherwise the record holder of legal title.
(Code of Iowa, Sec. 364.12(1))
8.02 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.
8.03 OTHER CONDITIONS REGULATED. The following actions are required and may also be abated in the manner provided in this chapter:
1. REMOVAL OF DISEASED TREES. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street.
(Code of Iowa, Sec. 364.12(3b))
2. REMOVAL OF STRUCTURES. The removal, repair or dismantling of a dangerous building or structure.
(Code of Iowa, Sec. 364.12(3c))
3. NUMBERING OF BUILDINGS. The numbering of buildings.
(Code of Iowa, Sec. 364.12(3d))
4. DRAINAGE CONNECTIONS. The connection to public drainage systems from abutting property when necessary for public health or safety and protection of property.
(Code of Iowa, Sec. 364.12(3e))
5. SANITARY FACILITIES. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property.
(Code of Iowa, Sec. 364.12(3f))
6. DESTRUCTION OF WEEDS. The cutting or destruction of weeds or other growth which constitutes a health, safety or fire hazard.
(Code of Iowa, Sec. 364.12(3g))
CHAPTER 2: NUISANCES
ARTICLE 9 - BUILDING MAINTENANCE ORDINANCE
9.01 TITLE. This ordinance may be referred to as the "Property Maintenance Code" and is herein referred to as "This Code."
9.02 PURPOSE. The purpose of this Code is to protect the public health, safety, and welfare, esthetics and property values, by establishing minimum standards for maintenance, appearance, condition, and occupancy, and for essential utilities, facilities, and other physical components and conditions to make residential premises fit for human habitation, and to make nonresidential premises fit for use according to the purpose for which they were developed; by fixing certain responsibilities and duties upon the owners and managers, and distinct and separate responsibilities and duties upon the owners and managers, and distinct and separate responsibilities and duties upon the occupants; by authorizing and establishing penalties for violations and providing for property repair, demotion, or vacation of premises which do not comply with this Code.
9.03 INTERPRETATION. The provisions of this Code shall be interpreted and applied as minimum requirements, and shall not be deemed a limitation or repeal of any other power granted by the Code of Iowa.
9.04 ABROGATION AND GREATER RESTRICTIONS. It is not the intent of this Code to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. Where two or more provisions apply, the higher standard shall prevail.
9.05 SEVERABILITY. If a section, provision, or part of this Code is adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this code as a whole or any section, provision, or part hereof not adjudged invalid or unconstitutional.
9.06 DEFINITIONS. Words used in this Code shall have the same meaning as that defined by the City of Primghar Code of Ordinances unless otherwise defined by this Code and the Code of Iowa.
1. Abandoned Building. Any building or portion of a building under construction which has stood with an incomplete exterior shell for more than one year, or any completed building or portion thereof which has stood unoccupied for longer than six (6) months, and which is unsecured or has commonly accepted Housing Code Standards or commonly accepted Building Code Standards violations.
2. Deterioration. A state of conditions caused by a lack of maintenance or excessive use, characterized by holes, breaks, rot, crumbling, peeling paint, rusting, or other evidence of physical decay or neglect.
3. Enforcement Officer. The City Mayor or Mayor's appointee.
4. Exposed to Public View. Any premises or any part thereof which may be lawfully viewed by the public or from adjoining premises.
5. Exterior. Yards and other open outdoor spaces on premises, and the external surfaces of any structure.
6. Infestation. The presence of insects, rodents, vermin, or other pests on the premises to the extent that they constitute a health hazard, are deemed by an Enforcement Officer to be in the threat of spreading to adjoining premises, or are exposed to public view.
7. Junk. Any discarded or salvaged material or fixture; obsolete or inoperable machinery or parts thereof; or scrap metal.
8. Nuisance. Physical conditions that are dangerous or detrimental to the health or safety of persons on or near the premises where the conditions exist, or anything that is injurious to the senses or interferes with the comfortable enjoyment of life or property and as defined in the Code of Iowa and the City Code of the City of Primghar.
9. Owner. Any person who alone, jointly, or severally with others, holds legal or equitable title to any premises, with or without accompanying actual possession thereof.
10. Premises. A lot, plot, or parcel of land together with the structures thereon.
11. Public Authority. Any officer of any department or branch of the City, County, or State charged with regulating health, fire, zoning, or building regulations, or other activities concerning property in the City.
12. Refuse. Any material that has lost its value for the original purpose for which it was created or manufactured, or for its redesigned use, whether putrescible or non-putrescible, combustible or non-combustible, which is not securely stored in a building or legal outdoor storage yard for prompt disposal or resale, including but not limited to junk; paper or cardboard; plastic; metals; glass; yard clippings; leaves; woody vegetative trimmings, and other plant wastes which have not been property composted; vegetable or animal waste resulting from the handling, processing, storage, preparation, serving or consumption of food; crockery; bedding, furniture, or appliances; offal; rubbish; ashes or incinerator residue; construction debris; accumulation of animal feces; dead animals; or wastes from commercial or industrial processes.
13. Responsible Party. Any person having possession, charge, care or control of real or personal property, whether with or without the knowledge and consent of the owner, including without limitation anyone or more of the following: owner, agent, property manager, contract purchaser, mortgagee or vendee in possession, receiver, executor, trustee, lessee or tenant, or any other person, firm or corporation exercising apparent control over a property.
9.07 MAINTENANCE OF PREMISES. Each and every premises shall be kept free of all nuisances, health, safety, and fire hazards, unsanitary conditions, and infestation. It shall be the duty of the owner or responsible party to keep the premises free of all said conditions and to promptly remove and abate the same which include but are not limited to the following declared nuisances:
1. Weeds or grasses allowed to grow to a height greater than twelve (12) inches on the average, or any accumulation of dead weeds or grass that are exposed to public view, on any non-farm property which is not within the jurisdiction of the County Weed Commissioner. This provision shall not apply to prairies, wetlands, or similar areas of naturalized perennial vegetation which are certified by an Enforcement Officer to not constitute a nuisance.
2. Accumulation of refuse to the prejudice of others.
3. Any structure which is in such a dilapidated condition that it is unfit for human habitation or the use for which it was constructed; kept in such an unsanitary condition that it is a menace to the health of people residing therein or in the vicinity thereof; or any building that is defined as abandoned or a public nuisance by Chapter, 657A, Code of Iowa, 2001 or the City Code of Primghar.
4. Mud, dirt, gravel or other debris or matter, whether organic or inorganic, deposited upon public property in a quantity judged by an enforcement officer to be a threat to public safety or to cause pollution, obstruction, or siltation of drainage systems, or to violate solid waste disposal regulations or solid waste provisions of the City Code of Primghar.
5. Any nuisance as defined herein or described as such to Chapter 657 of the Code of Iowa, or City Code of the City of Primghar.
6. Any alteration, modification, or obstruction which prevents, obstructs or impedes the normal flow of runoff from adjacent lands, or any alternation or modification which substantially concentrates or increases the flow of water onto an adjoining premises.
7. Conditions which are conducive to the harborage or breeding of vermin
8. Fences or retaining walls that are not structurally sound or which are deteriorating, as may be evidenced by leaning or loose elements.
9. Dead or diseased trees or other woody vegetation which may lead to the spread of the disease to other specimens or pose a threat to: safety of buildings, major parts thereof, such as limb, which may be dead or broken or otherwise pose a threat to safety of buildings on adjoining premises; any vegetation located on private property which overhangs and is less than 15 feet above the traveled portion of any public street, or less than seven feet vertically, or which protrudes into any public sidewalk.
9.08 BUILDING MAINTENANCE. Every building shall be maintained to be weather and water tight and free from excessive peeling paint or other conditions suggestive of deterioration or inadequate maintenance. Exterior surfaces shall not have any holes or broken glass; loose, cracked, or damaged shingles or siding; other defects in the exterior finish which admit rain, cold air, dampness, rodents, insects, or vermin. Basements, cellars and crawl spaces shall be free of standing water and hazards. All wood, including floorboard, subfloors, exterior, floor, wall, roof, or other part of the structure, shall be maintained to be free of cracks affecting structural integrity, termite damage, infestation, or rot. Any and all damaged or deteriorating materials shall be replaced. If infestation exists in any basement, cellar, or crawl space, such infestation shall be remedied in accordance with industry standards.
9.09 VIOLATIONS - ENFORCEMENT. The creation or maintenance of a violation of this ordinance is prohibited and shall constitute a Municipal Infraction as provided in the City Code of Primghar. Each day that a violation is permitted to continue constitutes a separate offense. All inspections, enforcement actions, and hearings on violations, unless expressly stated to be contrary, shall be under the direction and supervision of an Enforcement Officer, who may appoint or designate other public officers or employees to perform duties as may be necessary to enforce this Code, including inspections and holding of hearings. The Enforcement Officer is hereby authorized to abate such violations in accordance with the Municipal Infraction provisions of the City Code of Primghar and/or with the Procedures of Title III Chapter 2 Article 10 of the Code of Ordinances of the City of Primghar, Nuisance Abatement Procedure, and to serve notice to abate same, whether upon the owner or other responsible party for a premises upon which a violation, is being maintained, or upon the person or persons causing or maintaining the violation.
CHAPTER 2: NUISANCES
ARTICLE 10 - ABATEMENT PROCEDURE
10.01 NUISANCE ABATEMENT. Whenever the mayor or other authorized municipal officer finds that a nuisance exists or a condition needs to be corrected, he shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.
(Code of Iowa, Sec. 364.12(3h))
10.02 NOTICE TO ABATE. The notice to abate shall contain:
(Code of Iowa, Sec. 364.12(3h))
1. DESCRIPTION OF NUISANCE. A description of what constitutes the nuisance or other condition.
2. LOCATION. The location of the nuisance or condition.
3. ACTS NECESSARY TO ABATE. A statement of act or acts necessary to abate the nuisance or condition.
4. REASONABLE TIME. A reasonable time within which to complete the abatement.
5. ASSESSMENT AT 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 such person.
10.03 METHOD OF SERVICE. The notice may be in the form of an ordinance, or a notice sent by certified mail to the property owner.
(Code of Iowa, Sec. 364.12(3h))
10.04 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.
10.05 ABATEMENT IN EMERGENCY. If it is determined that an emergency or danger exists by reason of the continuing maintenance of the nuisance or condition, the city may perform any action which may be required under this chapter without prior notice. The council shall assess the costs after notice to the property owner and hearing on the costs incurred by the city to abate the nuisance or condition.
(Code of Iowa, Sec. 364.12(3h))
10.06 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))
10.07 COSTS OF ABATEMENT. The following shall apply to abatement procedure:
1. COLLECTION. 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 auditor and it shall then be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12(3h))
2. INSTALLMENT PAYMENT. If the amount expended to abate the nuisance or condition exceeds $100, the city shall permit the assessment to be paid in up to ten (10) annual installments, to be paid in the manner and with the same interest as benefited property under the Code of Iowa.
(Code of Iowa, Sec. 364.13)
CHAPTER 3: ANIMAL CONTROL AND PROTECTION
ARTICLE 11 - GENERAL PROVISIONS
11.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1. "ANIMAL" shall mean all living creatures not human.
2. "AT LARGE" shall mean any animal in a motor vehicle open to the extent escape is permitted, or an animal off the premises of its owner, and in either case, not under the control of a competent person, either by leash, cord, chain, wire, rope, cage or other physical restraint of a length not to exceed six feet and of sufficient strength to restrain the animal.
3. "OWNER" shall mean any person owning, keeping, sheltering, or harboring an animal.
(Code of Iowa, Sec. 351.2)
4. "Dangerous Animal": shall mean
(a) any animal which is not naturally tame or gentle and which is of a wild nature or disposition and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals, and having known tendencies as a species to do so;
(b) any animals declared to be dangerous by the city council or its designee; or
(c) the following animals which shall be deemed to be dangerous animals per se:
a. wolves and coyotes;
b. badgers, wolverines, weasels, mink and other Mustelids (except ferrets);
d. all apes (including chimpanzees), baboons and macaques;
e. monkeys, except the squirrel monkey;
g. wild boars;
h. black widow spiders and scorpions;
i. snakes which are naturally venomous or poisonous;
j. all cats, except domestic cats (Carnivora of the family Felidae including, but not limited to lions, cougars, tigers, jaguars, leopards, lynx, bobcats, et al.);
k. raccoons, opossums and skunks; and
l. alligators and crocodiles.
5. "Dog" shall mean and include members of the canine species, male or female, whether neutered or not.
6. "Kennel" shall mean any premises on which four (4) or more dogs or four (4) or more cats, six (6) months old or older are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint.
7. "Person" shall mean any individual, association, partnership, or corporation and includes any officer, employee or agency thereof.
8. "Licensed Dog" shall mean any individual, association, partnership, or corporation and includes any officer, employee or agency thereof.
9. "Vicious Animal" shall mean any animal, except for a dangerous animal per se as defined above, while running at large that has attacked or bitten any person without provocation, or any animal that has exhibited vicious propensities in present or past conduct either by:
(a) biting a person or persons on two separate occasions within a twelve (12) month period; or
(b) biting once within a twelve (12) month period causing injuries above the shoulders of the person; or
(c) being uncontrollable by the owner at the time of the bite to prevent the occurrence; or
(d) attacking or biting any domestic animal or fowl on two separate occasions within a twelve (12) month period; or
(e) having been found to possess such a propensity by the city council after hearing.
11.02 CRUELTY TO ANIMALS. No person shall impound or confine or cause to be impounded or confined, in any place, any domestic animal, or fowl, or any dog or cat, and fail to supply such animal during confinement with a sufficient quantity of food or water, or who fails to provide a dog or cat with adequate shelter, or who shall torture, torment, deprive or necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat or kill any such animal by any means which shall cause unjustified pain, distress or suffering, whether intentionally or negligently.
(Code of Iowa, Sec. 717.2 & 717.3)
11.03 EXHIBITIONS AND FIGHTS. No person shall arrange, promote, or stage an exhibition at which any animal is tormented, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.
(Code of Iowa, Sec. 717.3)
11.04 ANIMALS RUNNING AT LARGE. It shall be unlawful for any owner to allow dogs, cattle, horses, swine, sheep or other similar animals or fowl to run at large within the corporate limits of the city.
11.05 BOTHERSOME ANIMALS. It shall be unlawful for a person to keep within the city such bothersome animals as barking dogs, bees, cattle, horses, swine and sheep, or other animals which tend to disrupt the peace and good order of the community.
11.06 DAMAGE OR INTERFERENCE. It shall be unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another if it thereby causes damage to, or interference with, the premises.
11.07 ANNOYANCE OR DISTURBANCE. It shall be unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.
11.08 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason within the city a vicious animal so defined herein, except as provided in Section 11.09 of this Article.
11.09 VICIOUS ANIMAL EXCEPTIONS. The prohibition contained in Section 11.08 of this Article shall not apply to the keeping of vicious animals in the following circumstances:
1. Animals under control of a law enforcement or military agency.
2. The keeping of guard dogs. However, guard dogs must be kept within a structure of fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of Section 11.10 of this Article. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "Guard Dog", "Vicious Dog", or words of similar import, and the owner of such premises shall inform the O'Brien County Sheriff's Department that a guard dog is on duty at such premises.
11.10 IMPOUNDMENT AND DISPOSITION OF VICIOUS ANIMALS.
1. Any peace officer or designee, hereinafter officer, in his discretion or upon receipt of a complaint alleging that a particular animal is a vicious animal as defined herein, may initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the city council. The person, firm or corporation owning, keeping, sheltering or harboring the animal in question shall be given not less than 72 hours written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness. The notice shall also set forth that if the animal is determined to be vicious, the owner will be required to remove it from the city or allow it to be destroyed. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.
2. If, after hearing, the city council determines that an animal is vicious, the council shall order the person, firm or corporation owning, sheltering, harboring or keeping the animal to remove it from the city, or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with within three (3) days of its issuance, the officer is authorized to seize and impound the animal. An animal so seized shall be impounded for a period of seven days. If at the end of the impoundment period, the individual or entity against whom the order of the city council was issued has not petitioned the O'Brien County District Court for a review of said order, the officer shall cause the animal to be destroyed.
3. Failure to comply with an order of the council issued pursuant hereto shall constitute a misdemeanor offense.
4. Any animal found at large which displays vicious tendencies may be processed as a vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot safely be apprehended, in which case the officer may immediately destroy it or unless its ownership is not ascertainable, in which case the animal control officer may destroy it after three (3) days impoundment.
5. Any animal which is alleged to be vicious and which is under impoundment or quarantine shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious. If the animal is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by the city.
11.11 SEIZURE, IMPOUNDMENT AND DISPOSITION OF DANGEROUS ANIMALS.
1. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, in the discretion of the peace officer or other designated official, hereinafter officer, or the O'Brien County Sheriff's Department, be destroyed if it cannot be confined or captured. The City of Primghar shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
2. Upon the signed written complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises located in the City of Primghar, the officer shall cause the matter to be investigated, and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the City, the officer shall order the person named in the complaint to safely remove such animal from the City of Primghar, and permanently place the animal with an organization or group allowed under Section 11.13 of this Article to possess dangerous animals, or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person in which case the officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
3. The order to remove a dangerous animal issued by the officer may be appealed to the city council. In order to appeal such order, written notice of appeal must be filed with the city clerk within three (3) days after receipt of the order contained in the notice to remove dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the order of the officer.
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. The hearing of such appeal shall be scheduled within seven (7) days of the receipt of notice of appeal. After such hearing, the city council may affirm or reverse the order of the officer. Such determination shall be continued in a written decision and shall be filed with the city clerk within three (3) days after the hearing, or any continued session thereof.
5. If the city council affirms the action of the officer, the council shall order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal, remove such animal from the city, permanently place such animal with an organization or group allowed under Section 11.13 of this Article to possess dangerous animals or destroy it. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the notice of removal. If the original order of the officer is not appealed and is not complied with within three (3) days or the order of the city council after appeal is not complied with within three (3) days of its issuance, the officer is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the individual or entity against whom the decision and order of the city council was issued has not petitioned the O'Brien County District Court for a review of said order, the city shall cause the animal to be disposed of by sale, permanently place such animal with an organization or group allowed under section 11.13 of this Article to possess dangerous animals, or destroy such animal in a humane manner. Failure to comply with an order of the city issued pursuant hereto shall constitute a misdemeanor offense, punishable pursuant to Title I, Section 1.06 of this Code.
11.12 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter, or harbor any dangerous animal as a pet, or act as a custodian, temporary or otherwise, for such animal, or keep such animal for any other purpose or in any other capacity within the City of Primghar except as provided in Section 11.13 of this Article.
While the following animals are not declared by this ordinance to be dangerous per se, (a) constricting snakes exceeding six feet in length, and (b) lizards exceeding two feet in length, the owners of such animals shall, within two hours of knowledge of the possibility of such an animal being "at large" within the community, so notify the City Clerk of the City of Primghar.
11.13 DANGEROUS ANIMAL EXCEPTIONS. The prohibition contained in Section 11.12 of this Article shall not apply to the keeping of dangerous animals in the following circumstances:
1. The keeping of dangerous animals in a public zoo, bona fide educational or medical institution, humane society, or museum where they are kept as live specimens for the public to view, or for the purpose of instruction, research or study.
2. The keeping of dangerous animals for exhibition to the public by a circus, carnival, exhibit or show where such circus carnival exhibit or show is of a traveling nature, is displayed before large assemblages of people, and maintenance any and all required federal or state licenses.
3. The keeping of dangerous animals in a bona fide, licensed veterinary hospital for treatment.
4. The keeping of dangerous animals by a wildlife rescue organization with appropriate permit from the Iowa Conservation Commission.
5. Any dangerous animals under the jurisdiction of and in the possession of the Iowa Conservation Commission, pursuant to Chapters 109 and 109A of the Iowa Code.
11.14 ESCAPE FROM CONFINEMENT. No person shall aid or cause any animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment be upon such person's property or that of another, by opening any gate, door or window, by making an opening in any fence, enclosure or structure, or by unleashing such animal.
11.15 DUTY OF RESTRAINT. If shall be the duty of every person owning or having the custody or control of an animal to physically restrain the animal within an enclosure or upon a leash when such animal is left unattended outside or is not at heel. The animal must be restrained so as to prevent the animal from leaving the premises of its owner or from coming in contact with public right-of-way or the property of another. Failure to restrain an animal pursuant to the foregoing shall constitute a misdemeanor
11.16 INTERFERENCE WITH OFFICIAL ACTS. It shall be prohibited for any person in any manner to interfere with any employee or designated representative of the city, so as to hinder, delay, or prevent his executing his duties in relation to the matters and things contained in this chapter.
11.17 SANITARY CONDITIONS OF CONFINEMENT. If is unlawful for any person owning, controlling or caring for any animal to fail to keep in a clean and sanitary condition the premises and any pen, kennel, shelter, house of person's dwelling or other structure where the animal is at any time kept. At least once every twenty-four hours or more often if odors or health problems arise, such person shall pick up any and all feces so as to prevent its accumulation and same shall be properly disposed of. Feces shall be held in watertight and fly-tight containers pending disposal and shall be disposed of at least once weekly. The animal and place where the animal is maintained shall also be kept free of obnoxious odors and shall be maintained so as not to attract or permit the harborage or breeding of flies and other insects or rodents or other vermin. All animal food consumption in such a manner so that it will not become food for rodents and other vermin.
11.18 ABANDONMENT. It is unlawful for any owner or other person to abandon, turn loose or leave any animal within the corporate limits of the city or so that the animal may find its way into the corporate limits of the city, or to abandon or leave any animal upon or in any premises unattended for a period in excess of three (3) days.
11.19 SUMMONS ISSUED. Penalties for violation of this article shall be as follows:
1. $10.00 if there has been no other violation of this ordinance in the one-year period prior to the date of this violation.
2. $20.00 if there has been one other violation of this ordinance in the one-year period prior to the date of this violation.
3. A simple misdemeanor if there have been two other violations of this ordinance in the one-year period prior to the date of this violation.
11.20 DISPOSITION OF UNLICENSED DOGS. It shall be lawful for any person, and the duty of all peace officers within their jurisdiction, to kill any dog for which a license is required when such dog is not wearing a collar with license tag attached.
(Code of Iowa, Sec. 351.26)
11.21 DISPOSAL OF OTHER ANIMALS. If the owner of any animal apprehended, other than a dog, cannot be located after a reasonable effort by local authorities, such animal may be humanely destroyed or otherwise disposed of in accordance with the law.
11.22 IMPOUNDMENT. Whenever impoundment or quarantine of an animal is required under this chapter, such impoundment or quarantine shall be with an organization or group as defined in Section 11.13 which may also specifically include any clinic, shelter, pound, or office however designated which is operated by or under the direction of any licensed veterinarian.
CHAPTER 3: ANIMAL CONTROL AND PROTECTION
ARTICLE 12 - REGULATION AND LICENSING OF DOGS
12.01 DEFINITIONS. For use in this article the following terms are defined:
1. "DOG" shall mean both male and female animals of the canine species whether altered or not.
2. "OWNER" shall mean any person or persons, firm, association or corporation owning, keeping, sheltering or harboring a dog.
12.02 LICENSE. A city council may provide for the issuance of licenses for dogs. If the council should require licenses for dogs, then such licenses shall be obtained from the city clerk. The council may set a license fee to be paid to the city clerk. Any license issued by the city clerk shall be in the form of a license tag bearing a license number and the year issued, and shall be fastened to a collar or harness which shall be worn by the dog for which the license was issued.
12.03 IMMUNIZATION. All dogs six (6) months or older shall be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog when not confined.
12.04 KENNEL DOGS. Kennel dogs which are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint are not subject to the provisions of this article if the kennel is licensed under chapter 162, Code of Iowa.
12.05 AT LARGE PROHIBITED. No owner of any dog shall permit such dog to run at large, whether the dog be licensed or unlicensed.
12.06 ACTIONS OF DOGS CONSTITUTING A NUISANCE. It shall be unlawful for an owner of a dog to allow or permit such dog to perform the following:
1. OTHER PREMISES. To pass upon the premises of another thereby causing damage to, or interference with, the premises.
2. CAUSE ANNOYANCE. To cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles.
12.07 IMPOUNDING. Any licensed, unlicensed, or unvaccinated dog found at large shall be seized and impounded, or the owner may be served a summons to appear before a proper court to answer charges made.
12.08 DOGS NOT CLAIMED. Any impounded dogs, whether licensed or unlicensed, not claimed within seven (7) days after notice shall be disposed of in a humane manner in accordance with the law.
(Code of Iowa, Sec. 351.37)
CHAPTER< 3: ANIMAL CONTROL AND PROTECTION
ARTICLE 13 - (Reserved for Future Use)
CHAPTER 4: MUNICIPAL INFRACTIONS
ARTICLE 14 - MUNICIPAL INFRACTIONS
1. Municipal Infraction: Any violation of the City Code of Primghar, Iowa, is a municipal infraction, EXCEPT any violation which is a felony, an aggravated misdemeanor, or a serious misdemeanor under state law, or any violation which is a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa.
2. Officer: Any employee or person authorized to enforce the ordinances and the City Code of the City of Primghar, Iowa.
3. Repeat Offense: Any recurring violation of the same section of the ordinances or the City Code of Primghar, Iowa.
(Code of Iowa Sec. 364.22)
1. A municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties:
First offense, a penalty not to exceed $500.00
Each repeat offense, a penalty not to exceed $750.00
However, a municipal infraction arising from noncompliance with a pretreatment standard or requirement by an industrial user may be punishable by a civil penalty of not more than $1,000.00 for each day a violation exists or continues.
1. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
3. Seeking a civil penalty as authorized in the above provisions does not preclude the city from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
(Code of Iowa, Sec. 364.22)
14.03 CIVIL CITATIONS.
1. Any officer authorized by the City to enforce the City Code or ordinances may issue a civil citation to a person who commits a municipal infraction.
2. The citation may be served by personal service as provided in Iowa Rule of Civil Procedure 56.1, or by certified mail to the defendant at the defendant's last known mailing address, return receipt requested, or by publication in the manner provided in Iowa Rule of Civil Procedure 60 and subject to the conditions of Iowa Rule of Civil Procedure 60.1.
3. A copy of the citation shall be retained by the issuing officer, and one copy shall be provided to the clerk of the district court.
4. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
a. The name and address of the defendant.
b. The name or description of the infraction attested to by the officer issuing the citation.
c. The location and time of the infraction.
d. The amount of civil penalty to be assessed or the alternative relief sought, or both.
e. The manner, location, and time in which the penalty may be paid.
f. The time and place of court appearance.
g. The penalty for failure to appear in court.
(Code of Iowa, Sec. 364.22)
**Format Note: Due to inconsistant application of formatting to the contractor-provided original Word document, the web formatting is also inconsistent.