HomeMy WebLinkAbout4292-04/27/1998 BLACK HAWK COUNTY I OWA:SS LIDS"
Filed for record Dec 23 , 19 98 at
4:00 P .N. and recorded Book 332
Misc of Misc Page 780
INDEX
MARGIN ���r��� ,� Recorder
FEE 1-45.00/
PROOF. CITY OF WATERLOO
COMPA" CLERK/AUDITOR
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4292
AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY REPEALING
CHAPTER 27, OFFENSES - MISCELLANEOUS, IN ITS
ENTIRETY; AND BY ENACTING IN LIEU THEREOF A NEW
CHAPTER 27, OFFENSES - MISCELLANEOUS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 27, Offenses - Miscellaneous, of the 1993 Code
of Ordinances of the City of Waterloo, Iowa, is hereby repealed in
its entirety; that a new Chapter 27, Offenses - Miscellaneous, of
the 1993 Code of Ordinances of the City of Waterloo, Iowa is
hereby enacted in lieu thereof as follows :
CHAPTER 27
OFFENSES - MISCELLANEOUS
Sec. 27-1. Sniffing glue and other chemical substances.
No person shall, for the purpose of causing a condition of
intoxication, euphoria, excitement, exhilaration, stupefaction, or
dulling of the senses or nervous system, smell or inhale the fumes
from any model glue or cement, hair spray, inhalers, and other
solvents or chemicals having the property of releasing toxic
vapors; however, this section shall not apply to the inhalation of
any medicine or anesthesia for medical or dental purposes.
Sec. 27-2 . Exposing poisonous substances.
It shall be unlawful for any person to expose any poison or
poisonous meat, or any poisonous substance in any place in the
city outside of his or her own residence, or where it may endanger
life by being taken and used by any person, or to so expose any
such poison or poisonous substance where it may be taken by any
dog, hog, cat, or other animal or living thing in the city.
Sec. 27-3 . Accosting.
It shall be unlawful for any person to at any time or place
in the city accost any other person with uninvited and offensive,
improper proposals or attentions, or who shall, by his improper
conversation or conduct, annoy or hinder any other person in the
ordinary and proper conduct of their affairs .
Sec. 27-4. Discharge of firearms, prohibited; exceptions for
certain hunters and holders of permits from the
council.
(a) No person shall discharge any firearm within the city,
except peace officers in the line of duty or peace officers using
a police target range; however, the council may, upon written
application, grant annual permits to groups, organizations or
individuals approved by the council, allowing the permittees to
conduct trapshoots, skeetshoots or rifle ranges in certain areas
designated by the permit and under conditions that will in no way
endanger persons or property, and under the supervision of the
permittee. Persons discharging firearms upon the areas designated
in the permit and while under the supervision of a permittee shall
not be subject to the terms of this Section. The council may
BOCK 332 PAGE 780
Ordinance No. 4292
Page 2
revoke its permit at any time at its discretion, where discharge
of firearms under a permit, in its opinion, constitutes a nuisance
or in any way endangers persons or property.
(b) Subsection (a) shall not apply to the discharge of
pistols and shotguns in the course of hunting game on land devoted
to agricultural use, containing forty (40) acres or more, and not
closer than two hundred (200) yards to any building inhabited by
people or domestic livestock unless the owner or tenant has given
consent and under conditions that will in no way endanger persons
or property.
(c) No shotgun slugs shall be discharged within the city.
Sec. 27-5. Discharging and possessing air rifles and similar
devices prohibited; exception.
(a) No person shall discharge or carry on or about his
person or in a vehicle, any air rifles, pellet guns, slingshots,
or similar devices capable of discharging any leaden or other
dangerous missile or substance within the city, except peace
officers in the line of duty. However, it shall be lawful to
carry one or more unloaded air rifles, pellet guns, slingshots or
similar devices if the unloaded weapon is carried in a gun case or
closed container which is too large to be effectively concealed on
the person or within the clothing of an individual .
(b) Subsection (a) above shall not apply to licensed bow
hunters engaged in deer hunting during times specified and allowed
by the Iowa Department of Natural Resources under its Special Deer
Management Zone procedures. However, no bow may be carried or
displayed within six hundred feet (600 ' ) of any residence without
the permission of the owner, or city park, or within seventy-five
feet (75 ' ) of any bike trail, nature trail, or other recreational
facility or any other area posted as a no hunting area. This
subsection shall lapse and no longer be in force as of January 10,
1998 .
Sec. 27-6. Curfew imposed; persons subject to curfew;
exceptions; responsibilities of parents; penalty
for violation generally.
(a) Definitions. The term "minor" shall mean, in this
Section, any unemancipated person below the age of eighteen (18)
years .
(b) Hours . It shall be unlawful for any minor to be or
remain or to travel, loiter, wander, stroll, or play in or upon
any of the alleys, streets, public places, places of business,
places of amusement, buildings, vacant lots, or other unsupervised
places in the city as follows:
(1) Minors ages fifteen (15) and below, shall be
supervised by a legally responsible adult between
ten o' clock (10 :00) p.m. and five o' clock (5 :00)
a.m. the following day, from Sunday night to
Friday morning on days when the Waterloo schools
are in session.
(2) Minors age fifteen (15) and below, shall be
supervised by a legally responsible adult between
eleven o'clock (11 : 00) p.m. and five o' clock
(5 :00) a.m. the following day on Friday and
Saturday and those days when the Waterloo schools
are not in session.
BOOK 332 P4GE 781
Ordinance No. 4292
Page 3
(3) Minors age sixteen (16) and seventeen (17) , shall
be supervised by a legally responsible adult
between the hours of twelve thirty o' clock (12 :30)
a.m. and five o' clock (5 : 00) a.m. on all days,
whether or not Waterloo schools are in session.
(c) Exceptions . The restrictions provided herein shall not
apply to any minor who is accompanied by a parent, guardian, or
other person charged with the care and custody of such minor, nor
shall the restriction apply to any minor who is traveling between
his/her home or place of residence and any approved place of
employment, or where a church, municipal or school function is
being held, or unless said minor is upon an emergency errand, or
where the presence of the minor in the place or places is
connected with and required by some legitimate business, trade,
profession, or occupation in which the minor is permitted by law
to be engaged or unless the parent, guardian or other adult person
responsible for or having the legal care, custody, and control of
said minor reports to the Police Department that said minor is in
violation of subsection (b) of this Section without permission.
Such report shall be made no later than two (2) hours after the
"responsible adult" , as defined in subsection (d) of this Section,
becomes aware that the minor is in violation of subsection (b) of
this Section.
(d) Responsibility of Adults : It is unlawful for any
parent, guardian, or other adult person responsible for having the
legal care, custody, and control of any minor to allow, permit, or
suffer such minor to violate the provisions of this Section.
(e) Responsibility of business establishments. It is
unlawful for any person, firm, or corporation operating a place of
business or amusement to allow, permit, or suffer any minor to be
in or upon any place of business or amusement operated by them
within the curfew hours set forth herein, except as otherwise
provided herein. When such owner, operator, or person in charge
of such place of business or amusement finds such minor or minors
on or upon premises, he/she shall order such person to leave, and
if such minor refuses, the owner, operator, or other person in
charge of the place of business shall notify the Police Department
and inform them of the violation.
(f) Responsibility of police. A police officer, upon
finding a minor in violation of this Section, shall deliver the
minor to an authorized juvenile holding facility until the parent,
guardian, or other adult responsible for the legal care, custody,
or control of the minor responds to pick up the minor, or until
the end of the curfew period.
(g) Penalties .
(1) Any minor who violates any of the provisions
contained in this section shall be subject to the
following penalty as a simple misdemeanor. Upon
conviction of this section, a violator shall be
assessed a scheduled fine in the amount of One
Hundred Dollars ($100 . 00) , or he/she shall serve
community service hours, and the parent or
guardian of the minor shall receive notification
of the offense .
2 . Any parent, guardian, or other adult person
responsible for or having the legal care, custody,
and control of any minor who allows, permits, or
suffers such minor to violate any of the
provisions of this section shall be guilty of a
BOOT( 332 PAGE 782
Ordinance No. 4292
Page 4
simple misdemeanor, and upon conviction thereof,
shall be assessed a scheduled fine of One Hundred
Dollars ($100 . 00) .
(h) Invalidity. If any portion of this Section should be
declared invalid for any reason whatsoever, such invalidity shall
not affect the remaining portion of this Section, which shall
remain in full force and effect and to this end, the provisions of
this Section are hereby declared severable.
(i) Conflicting ordinances . Any other ordinances or parts
of ordinances in conflict herewith are hereby repealed.
Sec. 27-7 . Amplifiers, loudspeakers and similar devices;
permit required for use; exceptions; terms and
conditions of permit.
(a) No person shall use or employ upon or over the streets
or alleys, or in any public park or outdoor public meeting place
within the city, nor on or near the exterior of any private
dwellings, business buildings or other structures within the city,
nor upon any vacant lot, any amplifiers, loudspeakers or any other
similar device, which shall in any degree or to any extent magnify
the human voice of any other sound, without first obtaining a
permit therefor.
(b) Permits required by subsection (a) of this Section may
be issued by the Mayor, upon approval by the city council and
within their discretion, upon application, but if issued, the
permit shall be issued without charge. The permit, if issued,
shall be for a specified time, but in no event for longer than one
year, and shall embrace only a particular use or type of use, and
shall be subject to revocation at any time.
(c) Nothing contained in this Section shall be construed as
in any way limiting the use of any amplifier, loudspeaker or other
similar device within any theater, auditorium, school house or any
other fully enclosed structure within the city, and nothing
contained in this Section shall be considered as a bar to the
abatement of any common law nuisance.
Sec. 27-8. Misrepresentation of self as being a city employee
or official to gain entrance to premises.
If any person shall gain entrance to any house, home, store,
or other structure within the city through or by reason of falsely
representing himself/herself as a city employee, with proper
authority to gain entry, shall be guilty of a municipal infraction
as set forth in the Waterloo Code of Ordinances. Each violation
of the provisions hereof shall be and constitutes a separate
offense.
Sec. 27-9 . Window Peeping.
It shall be unlawful for any person to look into or loiter
around any window or opening of a house or building in order to
watch or observe the occupants thereof for an unlawful or wrongful
purpose.
Sec. 27-10. Owners of property with stagnant water to fill or
drain land upon notice from the council; city to
act if owner fails to act; collection of costs;
penalty.
(a) The council may at any time by resolution order any
piece of land or lot upon which water at any time becomes stagnant
SOCK 3321,413E783
Ordinance No. 4292
Page 5
to be filled to such a height, or to be drained in such a manner,
and within such time, as the council in the resolution shall
direct .
(b) It shall be the duty of the owner of a piece of land or
lot, subject to subsection (a) , or his agent, after service on him
of a copy of the resolution, or after a publication of the
resolution once a week for two (2) consecutive weeks in a
newspaper of general circulation in the city, to comply with the
directions of the notice within the time therein specified, and in
case of failure to do the work, by the owner or agent, it may be
done at the expense of the city and the amount of money expended
therefor shall be a debt due the city from the owner of the
property and shall also be a lien on the piece of land or lot from
the time of the adoption of the resolution.
(c) The expense of filling or draining such piece of land or
lot pursuant to subsection (b) may be levied as a tax thereon.
The levy shall be by resolution, and the tax shall be levied and
collected in the manner provided for in the collection of other
special taxes.
(d) Any person who shall fail to comply with the resolution
of the council requiring the drainage or filling of land within
ten (10) days after notice of the resolution has been served on
him or his agent, or within ten (10) days after the last
publication of the notice in a newspaper of general circulation in
the city, shall be deemed guilty of an offense, and upon
conviction thereof shall be punished as provided in Section 1-8 .
Sec. 27-11. Disorderly houses, wrongful drinking
establishments, inmates and solicitors; defined;
prohibited; penalty generally.
(a) Any building, room or place within the corporate limits
of the city, where gaming or gambling of any kind is allowed or
carried on, all houses or places of ill fame, or where persons
resort for the purpose of prostitution or places resorted to for
the use of any illegal drugs, or places where prescription drugs
are illegally kept, sold or given away, are hereby declared
disorderly houses and prohibited, and shall be suppressed, and the
keepers and inmates and solicitors thereof punished as hereinafter
provided.
(b) Any building, room or place within the city where
intoxicating liquor or beer is illegally kept, sold or given away
are hereby declared to be wrongful drinking establishments and
prohibited, and shall be suppressed and the keepers and inmates
and solicitors thereof punished as hereinafter provided in
subsection (d) .
(c) Any person found in any building, room, or place as
defined in subsections (a) or (b) , resorting thereto, shall be
considered an inmate thereof within the meaning of subsection (d) ,
and their presence in any such building, room or place at any hour
of the day or night, shall be prima facie evidence that they are
inmates; all persons, who knowing the character and reputation of
such places, transport others to or from any building, room or
place shall be considered a solicitor thereof, and shall be guilty
of a municipal infraction as set forth in the Waterloo Code of
Ordinances. Each violation of the provisions hereof shall be and
constitutes a separate offense.
(d) If any person shall be guilty of keeping or maintaining
a building, room, or place as described in subsections (a) or (b)
shall be an inmate thereof, or in any way connected with, or in
nOK 332 P:, E 784
Ordinance No. 4292
Page 6
any way contribute to the support of, or knowingly own or be
interested as proprietor or landlord in any such building, room,
or place, he/she shall be guilty of a municipal infraction as set
forth in the Waterloo Code of Ordinances . Each violation of the
provisions hereof shall be and constitutes a separate offense.
Sec. 27-12 . Disturbing of the peace or quiet.
(a) It shall be unlawful for any person to disturb or aid in
disturbing the peace, quiet or good order of, or to disrupt, or to
aid in disrupting, any person, school, church, assembly, place or
meeting, public or private by any of the following acts :
(1) By an act of violence or by any act likely to
produce violence.
(2) By causing, provoking, or engaging in any fight,
brawl, or riotous conduct so as to endanger the
life, limb, health or property of another.
(3) By engaging in threatening behavior.
(4) By making any unreasonably loud noise by any means
including the blowing of horns, ringing of bells,
squealing of tires and use of electronic devices.
(5) By addressing any language or threats to any
person present which creates a clear and present
danger of violence.
(6) By assembling or congregating with others in such
a manner and for the purpose of preventing or
interfering with another' s pursuit of a lawful
occupation, public duty or the ordinary conduct of
a business, private or public.
(b) Nothing herein contained shall be held to prohibit
peaceful picketing, public speaking, the ordinary conduct of a
legitimate business, or other lawful expressions of opinion not in
contravention of the laws .
Sec. 27-13 . Urination.
It shall be unlawful for any person to urinate in or on any
public or common property (including, but not limited to, streets,
alleys, sidewalks, golf courses, pools, or parks, excluding a
public restroom) or to urinate in a place where the person could
reasonably expect to be viewed by members of the public.
Sec. 27-14. Trespassing.
(a) Trespass Defined.
(1) The term "property" shall include any land,
dwelling, building, conveyance, vehicle, or other
temporary or permanent structure whether publicly
or privately owned.
(2) The term "trespass" shall mean one or more of the
following acts :
A. Entering upon or in property without the
express permission of the owner, lessee, or
person in lawful possession with the intent
to commit a public offense, to use, remove
therefrom, alter, damage, harass, or place
Bock 332 ITr 785
Ordinance No. 4292
Page 7
thereon or therein anything animate or
inanimate, or to hunt, fish or trap on or in
the property. This paragraph does not
prohibit the unarmed pursuit of game or
furbearing animals lawfully injured or killed
which come to rest on or escape to the
property of another.
B. Entering or remaining upon or in property
without justification after being notified or
requested to abstain from entering or to
remove or vacate therefrom by the owner,
lessee, or person in lawful possession, or
the agent or employee of the owner, lessee,
or person in lawful possession, or by any
peace officer, magistrate, or public employee
whose duty it is to supervise the use or
maintenance of the property.
C. Entering upon or in property for the purpose
or with effect of unduly interfering with the
lawful use of the property by others.
D. Being upon or in property and wrongfully
using, removing therefrom, altering,
damaging, harassing, or placing thereon or
therein anything animate or inanimate,
without the implied or actual permission of
the owner, lessee, or person in lawful
possession.
(3) The term "trespass" shall not mean entering upon
the property of another for the sole purpose of
retrieving personal property which has
accidentally or inadvertently been thrown, fallen,
strayed, or blown onto the property of another,
provided that the person retrieving the property
takes the most direct and accessible route to and
from the property to be retrieved, quits the
property as quickly as it is possible, and does
not unduly interfere with the lawful use of the
property.
(b) Penalty for Trespassing. Any person who knowingly
trespasses upon the property of another shall be guilty of a
municipal infraction as set forth in the Waterloo Code of
Ordinances. Each violation of the provisions hereof shall be and
constitutes a separate offense.
Sec. 27-15. Possession of tobacco by persons under eighteen
years of age, and supplying tobacco to persons
under eighteen years of age; prohibited.
(a) Definitions.
(1) Cigarette. Any roll for smoking made wholly or in
part of tobacco, or any substitute for tobacco,
irrespective of size or shape and irrespective of
tobacco or any substitute for tobacco being
flavored, adulterated, or mixed with any other
ingredient, where such roll has a wrapper or cover
made of paper or any other material .
(2) Cigarette Vending Machine. Any self-service
device offered for public use which, upon
insertion of a coin, coins, paper currency, or by
nOK C1VWE'BS
Ordinance No. 4292
Page 8
other means, dispenses cigarettes or tobacco
products without the necessity of replenishing the
device between each vending operation.
(3) Cigarette Vendor. Any person who by contract,
agreement, or ownership takes responsibility for
furnishing, installing, servicing, operating, or
maintaining one or more cigarette vending machine
for the purpose of selling cigarettes at retail .
(4) Place of Business . Is construed to mean and
include any place where cigarettes are sold or
where cigarettes are stored within the city by the
holder of an Iowa permit or kept for the purpose
of sale or consumption; or if sold from any
vehicle, the vehicle on which or from which such
cigarettes are sold shall constitute a place of
business.
(5) Tobacco Products. Cigars; little cigars;
cheroots; stogies; periques; granulated; plug cut,
crimp cut, ready rubbed and other smoking tobacco;
snuff, snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobaccos;
shorts; or refuse scraps, clippings, cutting and
sweepings of tobacco, and other kinds and forms of
tobacco, prepared in such manner as to be suitable
for chewing or smoking in a pipe or otherwise, or
both for chewing and smoking; but does not mean
cigarette.
(6) Person. Shall mean and include every individual,
firm, association, joint stock company, syndicate,
copartnership, corporation, trustee, agency or
receiver or respective legal representative.
(b) Unlawful to sell to persons under eighteen. It shall be
unlawful for any person to sell, give, or otherwise supply any
tobacco, tobacco products, or cigarettes to any person under
eighteen (18) years of age.
(c) Unlawful for person under eighteen to use. It shall be
unlawful for a person under eighteen (18) years of age to smoke,
use, possess, purchase, or attempt to purchase any tobacco,
tobacco products or cigarettes.
(d) Penalties.
(1) A violation of subsection (b) shall be a simple
misdemeanor.
(2) A violation of subsection (c) shall be a civil
penalty. No criminal penalty surcharge or court
costs shall be imposed. If the violation is a
first offense, the scheduled fine is twenty-five
dollars ($25 . 00) . If the violation is a second
offense, the scheduled fine is fifty dollars
($50 . 00) . If the violation is a third or
subsequent offense, the scheduled fine is one
hundred dollars ($100 . 00) .
(3) Failure to pay the civil penalty under subsection
(2) above is a scheduled fine of twenty-five
dollars ($25 . 00) if the violation is a first
offense, fifty dollars ($50 . 00) if the violation
is a second offense, and one hundred dollars
BOOK 332r787
Ordinance No. 4292
Page 9
($100 . 00) if the violation is a third or
subsequent offense. Failure to pay the scheduled
fine shall not result in the person being detained
in a secure facility.
(e) Invalidity. If any portion of this Section should be
declared invalid for any reason whatsoever, such invalidity shall
not effect the remaining portion of this Section, which shall
remain in full force and effect and to this end, the provisions of
this Section are hereby declared severable.
(f) Conflicting ordinances. Any other ordinances or parts
of ordinances in conflict herewith are hereby repealed.
INTRODUCED: April 27, 1998
PASSED 1ST CONSIDERATION: April 27, 1998
PASSED 2m) CONSIDERATION: April 27, 1998
PASSED 3rd CONSIDERATION: April 27, 1998
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 27`h day of April, 1998, and approved by
the Mayor on the 29th day of April, 1998 .
/0/e
John R. Rooff, Mayo ,
ATTEST:
1,46,%e
Nancy Ec rt, City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do
hereby certify that the preceding is a true and complete copy of
Ordinance No. 4292, as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 27`h day of April, 1998 .
Witness my hand and seal of office this 29th day of April,
1998 .
Nancy E ert, City Clerk
SEAN „e
BOOK 332 PA 788
FORM 1 1 T.
STATE OF IOWA, SS I do solemnly swear that the annexed copy of legal City of Waterloo
Black Hawk County, Ordinance 4292
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notice was published in the LVcriterloo-Cedar Fall% Courier, a daily newspaper printed in
Waterloo, Black I lawk County, Iowa,once commencing on the 16th
Wednesday
44
day of September 19 98 in the name of
? , SIsaid newspaper, and that the annexed rate of advertised is the regular legal rate of said
Woman
newspaper,and that the following is a correct bill for publishing said notice.
)st
"ta to pUt dea Printer's Bill$ 190.88
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,; DEAR ABBY:I am 24 years ole
;was dating a man a few years oldc ,
ayli'u`Rick"and I dated for two years, �
��lived together almost a year and:1 ✓ I li J , 9n1.-'ert_.-i
A!About six months ago,Rick war, Signed
:an a motorcycle accident.Here's 1
1;problem:Although I loved Rick r��
„all my heart,I know that I am yo! Subscribed and sworn to before me this / day of
''and will have other relationships. '
-never forget Rick,and I'll carry h I. .J / 9 ,�/
Pmy heart. I have been doing thin = A.D., 19 / U
!;with a male"friend"of mine,ane
— may get serious.Is it too soon? F;
u gone,and my life must go on.— "eez..6.2 \ j
C. ONFUSED (29, /
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p e DEAR CONFUSED:It's all : Notary Public
u'to begin dating,but if you're
'considering living with this"fr
u pr making any announcements Received of
Is suggest that you slow down.Dc
atitothmg in haste,including an
ti announcement to Rick's grievir.
r family that you now have a
.G relationship that may get serious the sum of
1 You are very vulnerable right no
Not only do you need time to heal Dollars
f• rom your loss,this new relationsh
%needs time to develop.
• DEAR ABBY:I am writing to share in full for publication of the above notice.
man idea with your readers.I am