CHAPTER 40

PUBLIC PEACE
40.01 Assault 40.04 Unlawful Assembly
40.02 Harassment 40.05 Failure to Disperse
40.03 Disorderly Conduct 40.06 Engine Brakes and Compression Brakes

40.01    ASSAULT. No person shall, without justification, commit any of the following:

1. Pain or Injury. Any act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1 [1])

2. Threat of Pain or Injury. Any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive, coupled with the apparent ability to execute the act.

(Code of Iowa, Sec. 708.1 [2])

However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk or serious injury or breach of the peace, the act is not an assault. Provided, where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds or at an official school function regardless of the location, the act is not an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled.

(Code of Iowa, Sec. 708.1)

40.02    HARASSMENT. No person shall commit harassment.

1. A person commits harassment when, with intent to intimidate, annoy or alarm another person, the person does any of the following:

A. Communicates with another by telephone, telegraph, writing or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.

(Code of Iowa, Sec. 708.7)

B. Places any simulated explosive or simulated incendiary device in or near any building, vehicle, airplane, railroad engine or railroad car, or boat occupied by the other person.

(Code of Iowa, Sec. 708.7)

C. Orders merchandise or services in the name of another, or to be delivered to another, without such other person’s knowledge or consent.

(Code of Iowa, Sec. 708.7)

D. Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the same did not occur.

(Code of Iowa, Sec. 708.7)

2. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate or alarm that other person. As used in this section, unless the context otherwise requires, "personal contact" means an encounter in which two or more people are in visual or physical proximity to each other. "Personal contact" does not require a physical touching or oral communication, although it may include these types of contacts.

40.03    DISORDERLY CONDUCT. No person shall do any of the following:

1. Fighting. Engage 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.

(Code of Iowa, Sec. 723.4 [1])

2. Noise. Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.

(Code of Iowa, Sec. 723.4 [2])

3. Abusive Language. Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

(Code of Iowa, Sec. 723.4 [3])

4. Disrupt Lawful Assembly. Without lawful authority or color of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.

(Code of Iowa, Sec. 723.4 [4])

5. False Report of Catastrophe. By words or action, initiate or circulate a report or warning of fire, epidemic, or other catastrophe, knowing such report to be false or such warning to be baseless.

(Code of Iowa, Sec. 723.4 [5])

6. Disrespect of Flag. Knowingly and publicly use 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 trespass or assault. A. "Deface: means to intentionally mar the external appearance.  B. "Defile" means to intentionally make physically unclean.  C. "Flag" means a piece of woven cloth or other material designed to be flown from a pole or mast. D. "Mutilate" means to intentionally cut up or alter so as to make imperfect.  E. "Show disrespect" means to deface, defile, mutilate or trample.  F.  "Trample" means to intentionally tread upon or intentionally cause a machine, vehicle or animal to tread upon.

(Code of Iowa, Sec. 723.4 [6])

7. Obstruct Use of Street. Without authority or justification, obstruct 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 [7])

8. Funeral or Memorial Service. Within 500 feet of the building or other location where a funeral or memorial service is being conducted, or within 500 feet of a funeral procession or burial:

A. Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service or participating in the funeral procession.

B. Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

C. Disturb or disrupt the funeral, memorial service, funeral procession or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession or burial.

This subsection applies to conduct within 60 minutes preceding, during and within 60 minutes after a funeral, memorial service, funeral procession or burial.

(Code of Iowa, Sec. 723.5)

(Ord. 322 – Oct. 07 Supp.)

40.04    UNLAWFUL ASSEMBLY. It is unlawful for three (3) or more persons to assemble 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. No person shall willingly join in or remain part of an unlawful assembly, knowing or having reasonable grounds to believe it is such.

(Code of Iowa, Sec. 723.2)

40.05    FAILURE TO DISPERSE. A peace officer may order the participants in a riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful assembly to disperse. No person within hearing distance of such command shall refuse to obey.

(Code of Iowa, Sec. 723.3)

40.06    ENGINE BRAKES AND COMPRESSION BRAKES.

    1. It is unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the City any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle.
    2. The usage of an engine brake, compression brake or mechanical exhaust device designed to aid in braking or deceleration in such a manner so as to be audible at a distance of three hundred (300) feet from the motor vehicle shall constitute evidence of a prima facie violation of this section.

CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.01 Distributing Dangerous Substances 41.07 Antenna and Radio Wires
41.02 False Reports to or Communications with Public 41.08 Discharging Weapons

Safety Entities

41.09 Throwing and Shooting 41.03 Refusing to Assist Officer 41.10 Urinating and Defecating 41.04 Harassment of Public Officers and Employees 41.11 Fireworks 41.05 Interference with Official Acts 41.12 Drug Paraphernalia 41.06 Abandoned or Unattended Refrigerators 41.13 Residency Restrictions for Sex Offenders

41.01    DISTRIBUTING DANGEROUS SUBSTANCES. No person shall distribute samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious substance unless the person delivers such into the hands of a competent person, or otherwise takes reasonable precautions that the substance will not be taken by children or animals from the place where the substance is deposited.

(Code of Iowa, Sec. 727.1)

41.02    FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC SAFETY ENTITIES. No person shall do any of the following:

(Code of Iowa, Sec. 718.6)

1. Report or cause to be reported false information to a fire department, a law enforcement authority or other public safety entity, knowing that the information is false, or report the alleged occurrence of a criminal act knowing the act did not occur.

2. Telephone an emergency 911 communications center, knowing that he or she is not reporting an emergency or otherwise needing emergency information or assistance.

3. Knowingly provide false information to a law enforcement officer who enters the information on a citation.

41.03    REFUSING TO ASSIST OFFICER. Any person who is requested or ordered by any magistrate or peace officer to render the magistrate or officer assistance in making or attempting to make an arrest, or to prevent the commission of any criminal act, shall render assistance as required. No person shall unreasonably and without lawful cause, refuse or neglect to render assistance when so requested.

(Code of Iowa, Sec. 719.2)

41.04    HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES. No person shall willfully prevent or attempt to prevent any public officer or employee from performing the officer’s or employee’s duty.

(Code of Iowa, Sec. 718.4)

41.05    INTERFERENCE WITH OFFICIAL ACTS. No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, emergency medical care provider or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or fire fighter, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. The terms "resist" and "obstruct" as used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.

(Code of Iowa, Sec. 719.1)

41.06    ABANDONED OR UNATTENDED REFRIGERATORS. No person shall abandon or otherwise leave unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, nor shall any person allow any such refrigerator, ice box, or similar container, to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children.

(Code of Iowa, Sec. 727.3)

41.07    ANTENNA AND RADIO WIRES. It is unlawful for a person to allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk, public way, public ground or public building without written consent of the Council.

(Code of Iowa, Sec. 364.12 [2])

41.08    DISCHARGING WEAPONS.

1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols, guns, BB guns or other firearms of any kind within the City limits except by written consent of the Council.

2. No person shall intentionally discharge a firearm in a reckless manner.

41.09    THROWING AND SHOOTING. It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, public ground or public building, without written consent of the Council.

(Code of Iowa, Sec. 364.12 [2])

41.10    URINATING AND DEFECATING. It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway or window thereof, or onto any public or private land.

41.11    FIREWORKS. The sale, use or exploding of fireworks within the City are subject to the following:

1. Definition. The term "fireworks" includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or other device containing any explosive substance.

(Code of Iowa, Sec. 727.2)

2. Regulations. It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided 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 City authorities 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: - $250,000.00 per person.

B. Property Damage: - $50,000.00.

C. Total Exposure: - $1,000,000.

(Code of Iowa, Sec. 727.2)

3. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they 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 or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.

(Code of Iowa, Sec. 727.2)

41.12    DRUG PARAPHERNALIA.

1. As used in this section "drug paraphernalia" means all equipment, products or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:

A. Manufacture a controlled substance.

B. Inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

C. Test the strength, effectiveness or purity of a controlled substance.

D. Enhance the effect of a controlled substance.

Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold or possessed for a lawful purpose.

2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell or possess drug paraphernalia.

(Code of Iowa, Sec. 124.414)

41.13    RESIDENCY RESTRICTIONS FOR SEX OFFENDERS.

1. Purpose. This section is a regulatory measure aimed at protecting the health and safety of children in Wyoming from the risk that convicted sex offenders may reoffend in locations close to their residences. As recognized by the Eighth Circuit United States Court of Appeals in its April 29, 2005 decision of Doe v. Miller, and as recognized by the Iowa Supreme Court in State v. Seering, decided on July 29, 2005, the City finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be re-arrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by State law near schools and day care centers. The City finds and declares that in addition to schools and day care centers, children congregate or play at child-oriented facilities identified in subsection 3 of this section.

2. Definitions. As used in this section and unless the context otherwise requires:

A. "Aggravated offense" means a conviction for any of the following offenses:

(i) Sexual abuse in the first degree in violation of Iowa Code Section 709.2.

(ii) Sexual abuse in the second degree in violation of Iowa Code section 709.3.

(iii) Sexual abuse in the third degree in violation of Iowa Code section 709.4. subsection 1.

(iv) Lascivious acts with a child in violation of Iowa Code section 709.8, subsection 1.

(v) Assault with intent to commit sexual abuse in violation of Iowa Code section 709.11.

(vi) Burglary in the first degree in violation of Iowa Code section 713.3, subsection 1, paragraph "d".

(vii) Kidnapping, if sexual abuse as defined in Iowa Code section 709.1 is committed during the offense.

(viii) Murder, if sexual abuse as defined in Iowa Code section 709.1 is committed during the offense.

(ix) Criminal transmission of human immunodeficiency virus in violation of Iowa Code section 709C.1, subsection l, paragraph "a".

B. "Criminal offense against a minor" means any of the following criminal offenses or conduct:

(i) Kidnapping of a minor, except for the kidnapping of a minor in the third degree committed by a parent.

(ii) False imprisonment of a minor, except if committed by a parent.

(iii) Any indictable offense involving sexual conduct directed toward a minor.

(iv) Solicitation of a minor to engage in an illegal sex act.

(v) Use of a minor in a sexual performance.

(vi) Solicitation of a minor to practice prostitution.

(vii) Any indictable offense against a minor involving sexual contact with the minor.

(viii) An attempt to commit an offense enumerated in this subsection.

(ix) Incest committed against a minor.

(x) Dissemination and exhibition of obscene material to minors in violation of Iowa Code section 728.2.

(xi) Admitting minors to premises where obscene material is exhibited in violation of Iowa Code section 728.3.

(xii) Stalking in violation of Iowa Code section 708.11, subsection 3, paragraph "b", subparagraph (3), if the fact-finder determines by clear and convincing evidence that the offense was sexually motivated.

(xiii) Sexual exploitation of a minor in violation of Iowa Code section 728.12.

(xiv) Enticing away a minor in violation of Iowa Code section 710.10, subsection 1.

(xv) An indictable offense committed in another jurisdiction which would constitute an indictable offense under paragraphs (i) through (xiv).

C. "Other relevant offense" means any of the following offenses:

(i) Telephone dissemination of obscene materials in violation of Iowa Code section 728.15.

(ii) Rental or sale of hard-core pornography in violation of Iowa Code section 728.4.

(iii) Indecent exposure in violation of Iowa Code section 709.9.

(iv) Incest committed against a dependent adult as defined in Iowa Code section 235B.2 in violation of Iowa Code section 726.2.

(v) A criminal offense committed in another jurisdiction which would constitute an indictable offense under paragraphs (i) through (iv) if committed in this State.

D. "Person" means a person who has committed a criminal offense against a minor, or an aggravated offense, sexually violent offense, or other relevant offense that involved a minor.

E. "Residence" means the place where a person sleeps, which may include more than one location, and may be mobile or transitory.

F. "Sexually violent offense" means any of the following indictable offenses:

(i) Sexual abuse as defined under Iowa Code section 709.1.

(ii) Assault with intent to commit sexual abuse in violation of Iowa Code section 709.11.

(iii) Sexual misconduct with offenders in violation of Iowa Code section 709.16.

(iv) Any of the following offenses, if the offense involves sexual abuse or attempting sexual abuse: murder, attempted murder, kidnapping, burglary, or manslaughter.

(v) A criminal offense committed in another jurisdiction which would constitute an indictable offense under paragraphs (i) through (iv) if committed in this State.

3. Residency Restriction. A person shall not reside within two thousand feet of real property comprising any of the following child-oriented facilities:

A. public or non-public elementary or secondary schools;

B. public or non-public parks or playgrounds;

C. public or non-public child care facilities;

D. public or non-public recreational trails;

E. public swimming pools; or

C. public libraries.

This section defines "child care facility" to mean child care center, preschool or registered child care home. This section defines "park" to mean any public or non-public park, forest preserve or conservation area under the jurisdiction of the State, a unit of local government or a private homeowner’s association, and any facilities thereon, as well as any playground, which for the purposes of this section shall mean a piece of land owned or controlled by the State, a unit of local government or a private entity that has been designated by said entity for the use solely or primarily for children’s recreation

The "two thousand foot distance" shall be measured from the closest boundary line of the residence to the closest boundary line of the child-oriented facilities as identified in this subsection 3.

4. Residency Exception. A person residing within two thousand feet of real property comprising a child-oriented facility identified in subsection 3 of this section does not commit a violation of this section if any of the following apply:

A. The person is required to serve a sentence at a jail, prison, juvenile facility or other correctional institution or facility.

B. The person is subject to an order of commitment under Chapter 229A of the Iowa Code.

C. The person has established a residence prior to the effective date of the ordinance codified by this section (February 13, 2006), or a child-oriented facility identified in subsection 3 of this section is newly located on or after the effective date of the ordinance codified by this section and the person has established a residence prior to the date of the start of construction of such newly located child-oriented facility.

D. The person is a minor or ward under a guardianship.

5. Multiple Offenses. Each day that a person resides within two thousand feet of real property comprising a child-oriented facility in violation of this section shall constitute a separate offense and separate violation of this section.

6. Violations. Any person who resides within two thousand feet of the real property comprising a child-oriented facility identified in subsection 3 of this section in violation of this section shall be guilty of a misdemeanor punishable by fine or imprisonment as provided by the Code of Ordinances for the City of Wyoming and/or the Code of Iowa, or shall be guilty of a municipal infraction punishable by civil penalty as provided by the Code of Ordinances for the City of Wyoming.

(Sec. 41.13 - Ord. 320 – Aug. 06 Supp.)

 

CHAPTER 42

PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing 42.04 Unauthorized Entry
42.02 Criminal Mischief 42.05 Fraud
42.03 Defacing Proclamations or Notices 42.06 Theft

42.01    TRESPASSING. It is unlawful for a person to knowingly trespass upon the property of another. As used in this section, the term "property" includes any land, dwelling, building, conveyance, vehicle or other temporary or permanent structure whether publicly or privately owned. The term "trespass" means one or more of the following acts:

(Code of Iowa Sec. 716.7 and 716.8)

1. Entering Property Without Permission. 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 or to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate.

(Code of Iowa, Sec. 716.7 [2a])

2. Entering or Remaining on Property. 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 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 [2b])

3. Interfering with Lawful Use of Property. Entering upon or in 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 [2c])

4. Using Property Without Permission. 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.

(Code of Iowa, Sec. 716.7 [2d])

None of the above shall be construed to prohibit 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 is possible, and does not unduly interfere with the lawful use of the property.

(Code of Iowa, Sec. 716.7(3))

42.02    CRIMINAL MISCHIEF. It is unlawful, for any person who has no right to do so, to intentionally damage, deface, alter or destroy property.

(Code of Iowa, Sec. 716.1)

42.03    DEFACING PROCLAMATIONS OR NOTICES. It is unlawful for a person intentionally to 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 the 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)

42.04    UNAUTHORIZED ENTRY. No unauthorized person shall enter or remain in or upon any public building, premises or grounds in violation of any notice posted thereon or when said building, premises or grounds are closed and not open to the public. When open to the public, a failure to pay any required admission fee also constitutes an unauthorized entry.

42.05    FRAUD. It is unlawful for any person to commit a fraudulent practice as defined in Section 714.8 of the Code of Iowa.

(Code of Iowa, Sec. 714.8)

42.06    THEFT. It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.

(Code of Iowa, Sec. 714.1)

 

 

CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION
45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles
45.02 Public Consumption or Intoxication  

45.01    PERSONS UNDER LEGAL AGE. As used in this section, "legal age" means twenty-one (21) years of age or more.

1. A person or persons under legal age shall not purchase or attempt to purchase or individually or jointly have alcoholic liquor, wine or beer in their possession or control; except in the case of liquor, wine or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under State laws.

(Code of Iowa, Sec. 123.47[2])

2. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine or beer from any licensee or permittee.

(Code of Iowa, Sec. 123.49[3])

45.02    PUBLIC CONSUMPTION OR INTOXICATION.

1. As used in this section unless the context otherwise requires:

A. "Arrest" means the same as defined in Section 804.5 of the Code of Iowa and includes taking into custody pursuant to Section 232.19 of the Code of Iowa.

B. "Chemical test" means a test of a person’s blood, breath, or urine to determine the percentage of alcohol present by a qualified person using devices and methods approved by the Commissioner of Public Safety.

C. "Peace Officer" means the same as defined in Section 801.4 of the Code of Iowa.

D. "School" means a public or private school or that portion of a public or private school which provides teaching for any grade from kindergarten through grade twelve.

2. A person shall not use or consume alcoholic liquor, wine or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place, except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine or beer on public school property or while attending any public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place.

3. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the Commissioner of Public Safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.

(Code of Iowa, Sec. 123.46)

45.03    OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.08 of this Code of Ordinances.)

CHAPTER 46

MINORS
46.01 Curfew 46.03 Contributing to Delinquency
46.02 Cigarettes and Tobacco  

46.01    CURFEW.

    1. Findings and Purpose. The Council has determined that there has been an increase in juvenile violence and crime by persons under the age of 17 in the City, and that persons under the age of 17 are particularly susceptible by their lack of maturity and experience to participation in unlawful and gang-related activities and to be victims of older perpetrators of crime. The City has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.
    2. Definitions. For use in this section, the following terms are defined:
    1. "Curfew hours" means ten o’clock (10:00) p.m. until five o’clock (5:00) a.m. of the following day on Sunday, Monday, Tuesday, Wednesday and Thursday, and eleven o’clock (11:00) p.m. until five o’clock (5:00) a.m. on Friday and Saturday.
    2. "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident or any other situation requiring immediate action to prevent serious illness, bodily injury or loss of life.
    3. "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
    4. "Guardian" means

      (1) A person who, under court order, is the guardian of the person of a minor; or

      (2) A public or private agency with whom a minor has been placed by a court.

    5. "Minor" means any person under seventeen (17) years of age.
    6. "Operator" means any person operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
    7. "Parent" means a person who is:

      (1) A biological parent, adoptive parent or step-parent of another person; or

      (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

    8. "Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common area of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
    9. "Remain" means to

      (1) Linger or stay; or

      (2) Fail to leave premises when requested to do so by a law enforcement officer or the owner, operator or other person in control of the premises.

    10. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss of impairment of the function of any bodily member or organ.
    1. Offenses.
    1. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.
    2. A parent or guardian of a minor commits an offense if said parent or guardian knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
    3. The owner, operator or any employee of an establishment commits an offense if said person knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
    1. Defenses. It is a defense to prosecution under this section that the minor was:
    1. Accompanied by the minor’s parent or guardian;
    2. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
    3. In a motor vehicle involved in interstate travel;
    4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
    5. Involved in an emergency;
    6. On the sidewalk abutting the minor’s residence or abutting the residence of a next door neighbor if the neighbor did not complain to the law enforcement officer about the minor’s presence;
    7. Attending (or going to or returning home from, without any detour or stop) an official school, religious or other recreational activity supervised by adults and sponsored by the City, a civic organization or another similar entity that takes responsibility for the minor;
    8. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
    9. Married or had been married.

It is a defense to prosecution under paragraph 46.01(3)(C) of this chapter that the owner, operator or employee of an establishment promptly notified the law enforcement officer that a minor was present on the premises of the establishment during curfew hours and refused to leave.

    1. Enforcement Procedures.
    1. Before taking any enforcement action under this section a law enforcement officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection 4 of this section is present.
    2. A minor who is in violation of this section shall be reunited with the minor’s parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by the law enforcement officer of the City.
    1. Penalty. A violation of this section shall be a municipal infraction.

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

(Code of Iowa, Sec. 453A.2)

46.03    CONTRIBUTING TO DELINQUENCY. It is unlawful for any per-son to encourage any child under eighteen (18) years of age to commit any act of delinquency.

(Code of Iowa, Sec. 709A.1)

 

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