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Home My WebLink About3821-09/09/1991ORDINANCE NO. 3821 AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING SECTION 27-23, TRESPASSING, TO CHAPTER 27, OFFENSES --MISCELLANEOUS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 27-23, Trespassing, is hereby added to Chapter 27, Offenses --Miscellaneous, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, as follows: SEC. 27-23. 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 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 BOOK PAGE Juzii Ordinance No. 3821 Page 2 has accidentally or inadvertently been thrown, fallen, strayed, or blown on to the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property. 4. The term "trespass" does not mean the entering upon the right-of-way of a public road or highway. (b) Penalty for trespassing. Any person who knowingly trespasses upon the property of another commits a simple misdemeanor and shall be punished accordingly. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: September 3, September 3, September 9, September 9, 1991 1991 1991 1991 PASSED AND ADOPTED by the City Council this 9th September, 1991, and approved by the Mayor this 11th September, 1991. Bernard L. McK ATTEST: Larr P. rger,, ci clerk/Auditor CERTIFICATE day of day of 4) ley, Mayor I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3821, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 9th day of September, 1991. Witness my hand and seal of office this 11th day of September, 1991. Larr Misc INDEXED COMPARE PAGED ger, Cit. erk/Auditor BOOK 298 PAGE 3U6 6845 BLACK NAWK COUNTY, IOWA:SS Filed for record Oct 9 19 91 at 11:00 A M, and recorded in Mi sc Book 298 Page 305 Recorder Deputy Fee nni CITY OF WATERLOO CLERK/AUDITOR STATE OF IOWA, Ss Black 13 ORDINANCE NO.3821 AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING SECTION 27-23, TRESPASSING, TO CHAPTER 27, OFFENSES--M:3CELLANEOUS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 27-23, Trespassing, is hereby added to Chapter 27, Offenses --Miscellaneous, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, as follows: p 80110U p uoueollgnd to oold /mg 1100 Aq pepuooes 'w6uy �q penow SONIUV3H •peweo uogow 6luow '6uedwoo uoionllsuoO 4siuN 'oopeleM 'eolnles steppe 61M1o8 IePP!13 -eoltloeds 'sueld {o lenolddn 041 6uiwnluoo uollnpsed, ln41 uMorg Aq pepuooes ')long Aq penow 'euou 01GM 0104l pun suoiloelgo Iel0 pUe UGIIUM 101 poIICJ roAew 041 •6u11ne4 ollgnd p Gould pun ewit 041 Buleq sl41--ONIt:1V3H 0101 'peweo uogow -egg UO pe0el pun penleoel eq '1661. 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OoheleM 'lopenO leuuosled 'reAewepou wip pun U9SJ4eoN Inweg 10140 Buipnloui weld e411no Butkus -3 Ole Ayunwwoo 041 w seelf!wuwo ,(uew u,n I do solemnly swear that the annexed copy of Legal — Waterloo, City of Ordinance 3821 notice was published in thelllntcr(oo Lo11C1er a daily newspaper printed in Waterloo, Black Hawk County, Iowa once It 4er eeneeettfOre- commencing on the 25th day of September September 25, 1991 19 91 in the issues of of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $ Signed Subscribed and sworn to before me this 5 qday of Notary Public Received of AD 19 qi the sum of Dollars in full for publication of the above notice.