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HomeMy WebLinkAboutCouncil Packet - 4/26/2022THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, SPECIAL MEETING TO BE HELD AT Upper Iowa University Waterloo Campus, 3563 University Avenue, Waterloo, Iowa Tuesday, April 26, 2022 6:00 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. GENERAL RULES FOR PUBLIC PARTICIPATION SPECIAL SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Roll Call. Agenda, as proposed or amended. A. Motion to approve the following: OTHER COUNCIL BUSINESS 1. Joint discussion with the City of Cedar Falls regarding changes to Fireworks ordinances. Submitted By: Mayor Quentin Hart ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 1 of 13 CITY OF WATERLOO Council Communication Joint discussion with the City of Cedar Falls regarding changes to Fireworks ordinances. City Council Meeting: 4/26/2022 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Even, LeAnn Approved 4/19/2022 - 5:29 PM ATTACHMENTS: Description Type ❑ City Code - Fireworks 5-2-13 Backup Material Submitted by: Submitted By: Mayor Quentin Hart Page 2 of 13 CHAPTER 2 GENERAL OFFENSES SECTION: 5-2-1: Offenses Involving Officials 5-2-2: Sniffing Glue And Other Chemical Substances 5-2-3: Exposing Poisonous Substances 5-2-4: Disorderly Conduct 5-2-5: Disorderly Houses; Wrongful Drinking Establishments 5-2-6: Discharging Weapons 5-2-7: Amplifiers, Loudspeakers And Similar Devices 5-2-8: Peeping 5-2-9: Urinating In Public 5-2-10: Trespassing 5-2-11: Vehicles On Flood Control Levees 5-2-12: Drug Paraphernalia 5-2-13: Fireworks 5-2-14: Pedestrian Safety; Use Of Medians 5-2-1: OFFENSES INVOLVING OFFICIALS: A. Resisting Police Officer: No person shall resist any police officer in the discharge of his duties. B. Interference With Peace Officers: No person shall interfere with any peace officer in the discharge of his duties by preventing, or attempting to prevent, delay or hinder him in the discharge of his duties. C. Impersonating Police Officer: No person shall falsely masquerade as, falsely hold himself out as, or falsely represent himself to be a police officer of the City. D. Misrepresentation 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 as a City employee, with proper authority to gain entry, he shall be guilty of a Municipal infraction and punished as provided in subsection 1-3-2C of this Code. Each violation of the provisions hereof shall be and constitutes a separate offense. (Rev. Ord. 1168, Comp. 1941, p. P-4) 5-2-2: 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. (Ord. 4292, 4-27-1998) 5-2-3: 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 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. (Ord. 4292, 4-27-1998) 5-2-4: DISORDERLY CONDUCT: A. 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. B. Disturbing The Peace Or Quiet: 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. Page 3 of 13 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. 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. (Ord. 4292, 4-27-1998) 5-2-5: DISORDERLY HOUSES; WRONGFUL DRINKING ESTABLISHMENTS: 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 is hereby declared to be a wrongful drinking establishment and prohibited, and shall be suppressed and the keepers and inmates and solicitors thereof punished as hereinafter provided in subsection D of this section. C. Any person found in any building, room, or place as defined in subsection A or B of this section, resorting thereto, shall be considered an inmate thereof within the meaning of subsection D of this section, 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 and punished as provided in subsection 1-3-2C of this code. Each violation of the provisions hereof shall be and constitute a separate offense. D. If any person shall be guilty of keeping or maintaining a building, room, or place as described in subsection A or B of this section, shall be an inmate thereof, or in any way connected with, or in 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 shall be guilty of a municipal infraction as set forth in subsection 1-3-2C of this code. Each violation of the provisions hereof shall be and constitute a separate offense. (Ord. 4292, 4-27- 1998) 5-2-6: DISCHARGING WEAPONS: A. Discharge Of Firearms: 1. 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, airport, or animal control employees of the city acting in the scope of their employment for wildlife control; however, the city council may, upon written application, grant annual permits to groups, organizations or individuals approved by the city council, allowing the permittees to conduct trapshoots, skeet shoots 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 city council may 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. (Ord. 5306, 9-28-2015) 2. Subsection Al of this section 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. 3. No shotgun slugs shall be discharged within the city, except by airport employees of the city acting in the scope of their employment for wildlife control. (Ord. 5220, 6-2-2014) B. Discharging And Possessing Air Rifles And Similar Devices; Exception: 1. 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. (Ord. 4912, 6-16-2008) 2. Subsection B1 of this section shall not apply to licensed bow hunters engaged in deer hunting from the second Monday in October to January 10 of the following year in the Leonard Katoski Greenbelt Park, on other city property as may be authorized by city officials from time to time, or on private property, as allowed by the Iowa department of natural resources under its special deer management zone procedures. During October hunting shall only be allowed during weekday mornings until twelve o'clock (12:00) noon. However, no bow may be displayed within six hundred feet (600') of any residence without the permission of the property owner, or on city property except as stated above, or within seventy five feet (75') of any bike trail, nature trail, other recreational facility or any other area posted as a no hunting area. (Ord. 5071, 9-6-2011) 3. Subsection B1 of this section shall not apply to a public health technician, who is in possession of a fur harvester license and under the oversight of a health officer, from May 1 until October 1 each year. The public health technician may use a pellet rifle to control burrowing animals only on the city of Waterloo flood dike system. 4. Subsection B1 of this section shall not apply to any person with a valid fishing license engaged in fishing with the use of a bow and arrow during time periods permitted by state law, provided that the following restrictions are complied with: a. The arrow must be constructed of a solid shaft and equipped with a heavy fishing point. Arrows designed for flight through the air are not permitted; b. The arrow shall be tethered to a line or cord no more than twenty feet (20') in length and having a test strength greater than or equal to a fifty (50) pound test line; Page 4 of 13 c. The bow used to propel the arrow must be one that is hand pulled and hand released. Crossbows and draw locking mechanisms are prohibited; d. Any person bow fishing shall always shoot the tethered arrow directly into the water; e. Fish, once taken, shall not be returned to any waters, nor shall fish of any kind be left on the banks of any waters or any public or private property; f. Persons shall not bow fish within three hundred feet (300') of a dwelling house, place of business, or other structure likely to be occupied by people, any boat dock, pier, or restricted or residential areas, or the outside limits of any marked or designated swimming area; g. All bow fishing must take place from a boat. Bow fishing is not allowed from the bank, any boat dock, or while wading; h. Persons under the age of fifteen (15) shall be accompanied by a person of legal age. (Ord. 4912, 6-16-2008) 5-2-7: AMPLIFIERS, LOUDSPEAKERS AND SIMILAR DEVICES1 : 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 or 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, schoolhouse 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. (Ord. 4292, 4-27-1998) Notes 1. See also sections 4-5-4 and 4-5-5 of this code. 5-2-8: PEEPING: It shall be unlawful for any person to look into or loiter around any window or opening of or within any building in order to watch or observe any occupant thereof for any unlawful or wrongful purpose. (Ord. 4486, 6-11-2001) 5-2-9: URINATING IN PUBLIC: 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. (Ord. 4292, 4-27-1998) 5-2-10: TRESPASSING: A. Definitions: PROPERTY: Includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned. TRESPASS: One or more of the following acts: 1. Entering upon or in property without the express permission of the owner, lessee or person in lawful possession with the intent to commit a public offense, 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 subsection A 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. 2. Entering or remaining upon or in property without justification after being notified or requested to abstain from entering or to remove or vacate therefrom by the owner, lessee, or person in lawful possession, or the agent or employee of the owner, lessee, or person in lawful possession, or by any peace officer, magistrate, or public employee whose duty it is to supervise the use or maintenance of the property. 3. Entering upon or in property for the purpose or with effect of unduly interfering with the lawful use of the property by others. 4. Being upon or in property and wrongfully using, removing therefrom, altering, damaging, harassing, or placing thereon or therein anything animate or inanimate, without the implied or actual permission of the owner, lessee or person in lawful possession. "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 and punished as provided in subsection 1-3-2C of this code. Each violation of the provisions hereof shall be and constitutes a separate offense. (Ord. 4292, 4-27-1998) Page 5 of 13 5-2-11: VEHICLES ON FLOOD CONTROL LEVEES: No person shall operate a vehicle, motor vehicle, motorcycle, go- cart or snowmobile on any flood control levee relating or adjacent to the Cedar River, Black Hawk Creek, Virden Creek or any other streams, reservoirs and ponding and drainage areas in the flood control program of the city; nor shall any person deface, remove or interfere with any buildings or improvements of any kind on such areas. (Ord. 4340, 2-22-1999) 5-2-12: DRUG PARAPHERNALIA: A. Definition: 1. For purposes of this section, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, as defined in Iowa Code, chapter 124, controlled substances. The term includes, but is not limited to: a. Kits used, intended for use or designed for use in the planting, 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. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances. c. 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 used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances. e. Scales and balances used for use in weighing or measuring controlled substances. f. Diluents and adulterants, such as quinine, hydrochloride, manitol, mannite, dextrose, and lactose, used, intended for use or designed for use in cutting controlled substances. g. 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. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances. i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances. j. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances. k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body. I. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing 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 material 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. (11) Chillums. (12) Bongs. (13) Ice pipes or chillers. (14) A mesh pad or sponge composed of metal and/or metal alloys made for cleaning, but when cut into pieces is used as a filter for smoking crack cocaine. Such items shall not be considered drug paraphernalia when sold in the manufacturer's original packaging. Page 6 of 13 (15) Drug stems, meaning a two (2) to six inch (6") long tube, one -eighth inch /8") to three -fourths inch (3/4") in diameter and that is made of glass, metal, or ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner. (Ord. 4826, 7-24-2006) 2. In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following: a. Statements by an owner or by anyone in control of the object concerning its use. b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance. c. The proximity of the object, in time and space, to a direct violation of this section. d. The proximity of the object to controlled substances. e. The existence of any residue of controlled substances on the object. f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. g. Instructions, oral or written, provided with the object concerning its use. h. Descriptive materials accompanying the object, which explain or depict its use. i. National and local advertising concerning its use. j. The manner in which the object is displayed for sale. k. 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. I. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. m. The existence and scope of legitimate uses for the object in the community. n. Expert testimony concerning its use. B. Possession And Delivery: It is unlawful for any person to use or to possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section. C. Delivery To Minors: Any person eighteen (18) years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a special offense. (Ord. 4399, 12-13-1999) D. Penalties: Any person who violates this section is guilty of a Municipal infraction, and upon conviction shall be subject to a civil penalty as provided in subsection 1-3-2C of this Code, in addition to any alternative relief ordered by the court. (Ord. 4399, 12-13- 1999; amd. 2001 Code) 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions And Use: 1. It shall be unlawful for any person to use or explode any consumer fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. on July 4 and between the hours of twelve o'clock (12:00) noon and ten o'clock (10:00) P.M. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. 2. The use of consumer fireworks that mimic display fireworks or rise to one hundred fifty (150) decibels or to two hundred ten feet (210') elevation is banned from use at all times within the corporate limits of the City of Waterloo unless the user has obtained a permit as outlined in the Code of Iowa. 3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City of Waterloo, when such occurs on July 3, 4, and 5, shall only occur on the user's personal real property. Use of fireworks, unless a permit has been obtained, is not allowed on city owned property, public sidewalks, rights of way, streets, parks, or parking lots. Use is not allowed on personal real property if that personal real property is not owned by the user of fireworks unless the owner has given consent prior to use. 4. It shall be prohibited to direct the use of consumer fireworks in any direction other than onto the user's personal real property or the real property where the owner has given prior consent. Page 7 of 13 5. All consumer firework debris shall be removed from the user's personal real property or wherever such use has resulted in its debris being located. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks, for signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this code. E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer fireworks is prohibited within the corporate limits of the City of Waterloo except as authorized by subsection 5-2-13B. F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy five dollars ($375.00). G. Enforcement: 1. This section 5-2-13 shall be enforced by any employee, who shall have authority to document violations and issue citations for municipal infractions, and said employees shall also respond to related nuisance calls. 2. Citations for violations of 5-2-13 shall be directed to the person observed/found to have violated 5-2-13 or the owner of personal real property on which the evidence exists of violation of 5-2-13. Furthermore, where evidence of violation of the Noise Control Ordinance or Nuisance Property exists, such citations shall be written. Any person who violates or resists the enforcement of any of the provisions of this section shall be guilty of a Municipal infraction punishable by a civil penalty of a minimum three hundred seventy-five dollar ($375.00) fine. 3. The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and to posting the mandated "Prohibitions on Use". H. Appeal: All persons receiving citations according to this section 5-2-13 shall have right of appeal to the City Council of Waterloo. (Ord. 5485, 2-18-2019; amd. Ord. 5568, 8-17-2020; Ord. 5598, 5-17-2021) 5-2-14: PEDESTRIAN SAFETY; USE OF MEDIANS: A. The city council makes the following findings and adopts the following statement of purposes of this section: 1. Pedestrian fatalities increased in the United States by forty-six percent (46%) from 2009 to 2016, with the largest increases in urban arterial streets, according to the Insurance Institute for Highway Safety. 2. Fifty percent (50%) of pedestrians who are struck by a vehicle traveling at thirty (30) miles per hour are killed; as speed increases, a higher percentage of people struck are killed, according to the U.S. Department of Transportation, Literature Review on Vehicle Travel Speeds and Pedestrian Injuries (2000). 3. The National Association of City Transportation Officials Urban Street Design Guide (2011) states that a median or island should be at least six (6) feet wide where pedestrians are present. This is consistent with the Public Rights of Way Accessibility Guidelines promulgated by the United States Access Board which specify that a pedestrian refuge in a street must have a top surface width of six (6) feet, excluding curbs. 4. Section 240 of the city traffic code provides that pedestrians crossing a street in the business district shall cross in crosswalks only. In the ten (10) years preceding, ten (10) pedestrian fatalities have occurred in Waterloo. There have been three hundred forty-one (341) pedestrian injuries. 5. The city engineer has determined based on city GIS maps and/or, where appropriate, site visits that the intersections listed in subsection B of this section do not have medians or islands of adequate width for pedestrian refuge; therefore, pedestrians should be prohibited from standing, sitting or staying in the medians at these intersections for any purpose other than to cross the street, if crossing is lawful. B. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose other than to cross the street, if lawful, unless the width of the top surface of the median, excluding the curbs is at least six (6) feet wide. This prohibition includes, but is not limited to, medians and ramp noses on or near legs feeding the following intersections in the city: E. San Marnan Drive and 218/380 Ramps. E. San Marnan Drive and LaPorte Road. Bopp Street and LaPorte Road. Bopp Street and Crossroads Blvd. Grimm Street and Crossroads Blvd. Pennys Street and Crossroads Blvd. Sears Street and Crossroads Blvd. Flammang Drive and Crossroads Blvd. Flammang Drive and Sarah Drive. E. San Marnan Drive and Sears Street. Page 8 of 13 E. San Marnan Drive and Pennys Street. E. San Marnan Drive and Flammang Drive. E. San Marnan Drive and Shoppers Blvd. E. San Marnan Drive and Lowes Blvd. C. Pedestrians are prohibited from standing, sitting or staying on a median or ramp nose for any purpose, other than to cross the street, if lawful, regardless of the width of the top surface of the median, or ramp nose along the following streets or rights -of -way: San Marnan Drive from Texas Street to Ansborough Avenue. Sears Street. Pennys Street. Crossroads Blvd. Flammang Drive. Bopp Street. D. Sections 5-2-14(B) and (C) do not apply to: 1. Police officers, peace officers and parking enforcement personnel of the police department while performing official duties of the city. 2. Employees or contractors for the city or other individuals authorized by the city on city streets or rights -of -way, while performing construction or maintenance work on used and streets are blocked off as required by the city. 3. Any individual responding to an emergency in the street. E. The penalties for violating this section shall be a simple misdemeanor pursuant to section1-3-1 of this code. (Ord. 5559, 6-8- 2020) department or employees of the fire to perform construction or maintenance work the street provided that proper signage is ARTICLE A. OFFENSES INVOLVING MINORS SECTION: 5-2A-1: Curfew 5-2A-2: Tobacco Products 5-2A-1: CURFEW: A. Definitions: The term "minor" shall mean, in this section, any unemancipated person below the age of seventeen (17) years. B. Hours Of Curfew: 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 between the hours of twelve thirty o'clock (12:30) A.M. on any day and five o'clock (5:00) A.M. of the same day. 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 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 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 him 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 the premises, he 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 or a plea of guilt of this section, a violator shall be assessed as follows: For the first offense, a fine of not less than one hundred dollars ($100.00) and eight (8) hours of community service; for the second offense, a fine of not less than Page 9 of 13 two hundred fifty dollars ($250.00) and twelve (12) hours of community service; for the third and any subsequent offenses, a fine of not less than two hundred fifty dollars ($250.00) and sixteen (16) hours of community service, or a fine of five hundred dollars ($500.00) and no community service, to be determined by the court. The parent or legal 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 or permits such minor to violate any of the provisions of this section shall be guilty of a simple misdemeanor, and upon conviction thereof, shall be assessed fines as follows: For the first offense, a fine of not less than one hundred dollars ($100.00) and eight (8) hours of community service; for the second offense, a fine of not less than two hundred fifty dollars ($250.00) and twelve (12) hours of community service; for the third and any subsequent offenses, a fine of not less than two hundred fifty dollars ($250.00) and sixteen (16) hours of community service, or a fine of five hundred dollars ($500.00) and no community service, to be determined by the court. In addition to the above penalties, any parent, guardian or adult responsible for a minor's care, custody and control who allows or permits such minor to violate this section shall be charged a fee for the actual costs incurred by the city in detaining, transporting, processing, and supervising the minor prior to the minor's release to the custody of the parent, guardian or other responsible adult. The fee shall not exceed the actual costs incurred by the city and shall be established from time to time as determined necessary by resolution of the city council. (Ord. 4828, 8-14-2006) 5-2A-2: TOBACCO PRODUCTS: A. Definitions: 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. CIGARETTE VENDING MACHINE: Any self-service device offered for public use which, upon insertion of a coin, coins, paper currency, or by other means, dispenses cigarettes or tobacco products without the necessity of replenishing the device between each vending operation. CIGARETTE VENDOR: Any person who by contract, agreement, or ownership takes responsibility for furnishing, installing, servicing, operating or maintaining one or more cigarette vending machines for the purpose of selling cigarettes at retail. PERSON: Shall mean and include every individual, firm, association, joint stock company, syndicate, copartnership, corporation, trustee, agency or receiver or respective legal representative. 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. 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. (Ord. 4292, 4-27-1998) B. Use Of Driver's License Or Nonoperator's Identification Card By Underage Person To Obtain Cigarettes Or Tobacco Products: A person who is under the age of eighteen (18), who alters or displays or has in the person's possession a fictitious or fraudulently altered driver's license or nonoperator's identification card, and who uses the license or card to violate or attempt to violate subsection D of this section, commits a simple misdemeanor punishable by a fine of one hundred dollars ($100.00). The court shall forward a copy of the conviction to the Iowa department of transportation. C. Unlawful To Sell To Persons Under Legal Age: A person shall not sell, give or otherwise supply any tobacco, tobacco products or cigarettes to any person under eighteen (18) years of age. A person, other than a retailer, who violates this subsection, is guilty of a simple misdemeanor. For violations of this subsection by an employee of a retailer, the scheduled fine is as follows: For the first offense $100.00 For a second offense 250.00 For a third or subsequent offense 500.00 D. Unlawful For Person Under Eighteen To Use: A person under eighteen (18) years of age shall not smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes. For violations of this subsection, the scheduled fine is as follows and is a civil penalty, and the criminal penalty surcharge shall not be added to the penalty nor shall the court costs be imposed: For the first offense $50.00, and performance of 8 hours of community work requirements, unless waived by the court For a second offense $100.00, and performance of 12 hours of community work requirements For a third or subsequent offense $250.00, and performance of 16 hours of community work requirements Page 10 of 13 E. Exceptions: 1. Possession of cigarettes or tobacco products by an individual under eighteen (18) years of age does not constitute a violation under this section if the individual under eighteen (18) years of age possesses the cigarettes or tobacco products as part of the individual's employment and the individual is employed by a person who holds a valid permit or who lawfully offers for sale or sells cigarettes or tobacco products. 2. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with cigarette and tobacco product laws if any of the following applies: a. The compliance effort is conducted by or under the supervision of law enforcement officers. b. The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of cigarettes or tobacco products by individuals under eighteen (18) years of age does not result from participation by any individual under eighteen (18) years of age in the compliance effort. F. Revocation Or Suspension; Civil Penalty: 1. If a person holding a permit has wilfully violated subsection C of this section, the city shall revoke the permit upon notice and hearing. The permit holder shall be given ten (10) days' written notice stating the reason for the contemplated revocation and the time and place at which the person may appear and be heard. The notice shall be given by mailing a copy to the permit holder's place of business as it appears on the application for permit. (Ord. 4448, 11-20-2000) 2. If a retailer or employee of a retailer has violated subsection D of this section, the city, in addition to the other penalties fixed for such violations in this section, shall assess a penalty upon the same hearing and notice as prescribed in subsection F1 of this section as follows: a. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days. b. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer's permit shall be suspended for a period of thirty (30) days. The retailer may select its preference in the penalty to be applied under this subsection F2b. c. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer's permit shall be suspended for a period of thirty (30) days. d. For a fourth violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer's permit shall be suspended for a period of sixty (60) days. e. For a fifth violation within a period of four (4) years, the retailer's permit shall be revoked. (Ord. 4678, 3-22-2004) 3. If a permit is revoked, a new permit shall not be issued to the permit holder for any place of business, or to any other person for the place of business at which the violation occurred, until one year has expired from the date of revocation, unless good cause to the contrary is shown to the issuing authority. 4. Notwithstanding subsection F3 of this section, if a retail permit is suspended or revoked under this subsection, the suspension or revocation shall only apply to the place of business at which the violation occurred and shall not apply to any other place of business to which the retail permit applies but at which the violation did not occur. 5. The city shall report the suspension or revocation of a retail permit under this section to the Iowa department of public health within thirty (30) days of the suspension or revocation of the retail permit. (Ord. 4448, 11-20-2000) ARTICLE B. CIVIL EMERGENCIES SECTION: 5-2B-1: Definitions 5-2B-2: Civil Emergency Declared 5-2B-3: Powers During An Emergency 5-2B-4: Violation 5-2B-5: Duration Of Civil Emergency 5-2B-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: CIVIL EMERGENCY: A civil emergency may include but not be limited to the following: A. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute such force by three (3) or more persons acting together without authority by law. B. Any natural disaster or human made calamity, including flood, conflagration, cyclone, tornado, earthquake, technological disruption, cyberattack, or explosion within the corporate limits of the city resulting in the death or injury of persons or the destruction Page 11 of 13 of property to such extent that extraordinary measures must be taken to protect the public health, safety and welfare. C. Any act of war, revolt, terrorism, or hostile missile or bomb directed at or near the city. D. Any public health crisis or event of an actual or eminent outbreak, or reasonable threat of an actual or eminent outbreak, of any infectious disease that presents a threat to the health or safety of the residents of the city, or threatens to unreasonably strain the medical emergency service resources available in the city. E. Any other state of public emergency that the mayor has determined under his or her sole discretion is in active existence ,or that the Governor of Iowa has determined. (Ord. 4937, 1-12-2009; amd. Ord. 5548, 3-16-2020) 5-2B-2: CIVIL EMERGENCY DECLARED: A. When pursuant to section 5-2B-1 of this article, the mayor determines that a state of civil emergency exists within the city, the mayor may declare a state of civil emergency by proclamation and do any of the following if necessary: 1. Take command of the police and fire departments; 2. Govern the city; and 3. Exercise all emergency powers, including but not limited to those outlined in section5-2B-3 of this article. B. The mayor pro tem may declare a civil emergency pursuant to this section only when the mayor is mortally injured, missing, or otherwise incapacitated. (Ord. 5548, 3-16-2020) 5-2B-3: POWERS DURING AN EMERGENCY: A. The emergency powers conferred upon the mayor pursuant to this section shall include the power to do the following: 1. Direct emergency response activities by the police and fire departments and by such emergency services personnel as the mayor may designate. 2. Execute contracts for the emergency repair of public improvements. 3. Procure by purchase or lease or authorize procurement by purchase or lease, property, goods, and services deemed necessary to the city's emergency response effort or for the repair of city buildings or facilities, or for any other necessary public purpose. 4. Lease or authorize the lease of property and/or buildings deemed necessary for the city's emergency response effort or for the continued operation of city government. 5. Order the limitation or closure of public events, gathering places, institutions, or facilities within city limits. Order the limitation or closure of private events, businesses, institutions, or gathering places within the city limits only when imminently necessary for the protection of life and property. 6. Order a general curfew applicable to such geographical areas of the city or to the city as a whole as the mayor deems advisable and applicable during such hours of the day or night as the mayor deems necessary in the interest of the public safety and welfare. A curfew shall be a prohibition against any person or persons walking, running, loitering, standing or motoring upon an alley, street, highway, public property or vacant premises within the corporate limits of the city during the hours in which a curfew has been imposed, accepting persons officially designated to perform duties with reference to said civil emergency. 7. Mandate that all or any part of the city be evacuated as the mayor deems advisable and applicable for the preservation of life or other disaster mitigation, response or recovery. 8. Order that any other extraordinary measures be taken for the preservation of health, life, or other disaster mitigation, response, or recovery. B. All powers exercised by the mayor pursuant to this section shall be in accordance with Iowa Code Chapter 21, when possible. The mayor shall consult with available city council members in the exercise of any powers pursuant to this section. C. The mayor shall immediately inform council members, police chief, fire chief, city staff, and media outlets of the proclamation and any subsequent proclamation that may be issued. (Ord. 5548, 3-16-2020) 5-2B-4: VIOLATION: The violation of a mayoral proclamation of emergency or of any subsidiary proclamation thereto evidencing the exercise of emergency powers or of any rule or order issued pursuant thereto by the mayor, or the mayor pro tem in the absence of the mayor, or of any order issued pursuant thereto by any peace officer or of any directive issued by designated emergency services personnel pursuant thereto shall constitute a violation of this section and shall be punishable as a misdemeanor as provided by section 1-3-1 of this code. (Ord. 5548, 3-16-2020) 5-2B-5: DURATION OF CIVIL EMERGENCY: A. Mayoral proclamations issued pursuant to this article shall take immediate effect and remain in effect for not to exceed thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor. Once withdrawn, all civil emergency orders imposed by the proclamation shall cease and the mayor shall immediately cease to exercise civil emergency powers. B. The mayor may issue a subsequent proclamation declaring a civil emergency only if the conditions giving rise to the civil emergency remain present or an event resulting from the civil emergency arises. Subsequent proclamations shall be in immediate effect for not more than thirty (30) days from the date of the proclamation, unless withdrawn at an earlier date by proclamation of the mayor. C. The city council may, by resolution, order the withdraw of any proclamation declaring a civil emergency in the event conditions Page 12 of 13 giving rise to the civil emergency are no longer present or thirty (30) days from the date of the proclamation has passed. (Ord. 5548, 3-16-2020) Page 13 of 13